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HomeMy WebLinkAbout300-62CITY OF Renton ' POLICY & PROCEDURE Subject: DRUG AND ALCOHOL TESTING Index: 300 PROGRAM FOR DRIVERS OF Number: 300-62 COMMERCIAL MOTOR VEHICLES Effective Date: Supersedes: Page: Staff Contact: Approved B : 6/26/2017 01/02/1997 1 of 23 Ellen Bradle -Mak 1.0 PURPOSE: To establish a program to comply with federal regulations requiring that drug and alcohol testing be conducted for employees who operate, or who might operate, commercial motor vehicles and who are required to have a Commercial Driver's License CDL) in intrastate (within a state) travel for the City of Renton. (See sections 5.6 and 5.10.) 2.0 ORGANIZATIONS AFFECTED: This policy affects all employees that are required to hold a CDL for their employment with the City of Renton. 3.0 REFERENCES: Omnibus Transportation Employee Testing Act of 1991. 49 Code of Federal Re ulations Part 172. 49 Code of Federal Re ulations Part 40. 49 Code of Federal Re ulations Part 382. National Highway Traffic Safety Administration (NHTSA). Department of Health & Human Services (DHHS). National Association of Alcoholism and Drug Abuse Counselors Certification Commission. Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles. Employee Assistance Program (EAP). 4.0 POLICY: It is the policy of the City of Renton to provide a drug free, safe and healthful working environment and to prevent accidents and injuries resulting from misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 2 Empfoyees who may operate commercial motor vehicles and who are subject to this policy are also subject to the City's other personnel policies, including any generally- applicable policies addressing substance abuse and testing. Throughout this policy, any provisions that are based on the City's sole authority (vs. mandated by federal regulations) will be underlined. 5.0 DEFINITIONS: 5.1 Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl and isopropyl alcohol. 5.2 Alcohol Concentration (or Content): The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 5.3 Alcohol Test: A test conducted by a Breath Alcohol Technician, or any other person approved by the U.S. Department of Transportation (DOT) rules, using an Evidential Breath Testing (EBT) Device to measure the amount of alcohol in a volume of breath, or any other test used to detect the presence of alcohol that is approved by the Federal Highway Administration (FHA). 5.4 Alcohol Use: The consumption of any beverage, mixture or preparation containing alcohol, including any medication containing alcohol. 5.5 Breath Alcohol Technician (BAT): A trained individual who instructs and assists individuals in the alcohol testing process and who operates the EBT device. 5.6 Commercial Motor Vehicle (CMV): A motor vehicle or a combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: 5.6.1 Has a gross combination weight to 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or 5.6.2 Has a gross combination weight of 26,001 or more pounds; or 5.6.3 Is designed to transport 16 or more passengers, including the driver; or 5.6.4 Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, and that require the motor vehicle to be placarded under the 49 Code of Federal Regulations (CFR) Part 172, subpart F. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p.3 5.7 Confirmation Test: 5.7.1 For alcohol testing, a confirmation test means a second test following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration. Confirmation of the screening test must be by a DOT-approved EBT device. 5.7.2 For controlled substances testing, a confirmation test means a second analytical procedure to identify the presence of a specific drug metabolite that is independent of the screen test and that uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Gas Chromatography/Mass Spectrometry (GC/MS) is the authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine. 5.8 Controlled Substances/Drugs: For purposes of these procedures, controlled substances or drugs are cocaine, marijuana, opiates, amphetamines, phencyclidine and any other substance determined by DOT to be a controlled substance. 5.9 Controlled Substance (or Drug)Test: A method for determining the presence of controlled substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR 40. 5.10 Commercial Driver or Driver or Covered Employee: Any person who has a commercial driver's license (CDL) and who may operate a commercial motor vehicle at the direction of, or with the consent of the City, including, but not limited to, full time or part-time, regularly appointed emptoyees, and temporary or intermittent employees. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes a person applying to the City for a position that may involve driving a commercial motor vehicle. 5.11 Designated Employee Representative (DER): Please see section 6.12 of this policy. 5.12 Evidential Breath Testing (EBT) Device: A device approved by the National Highway Traffic Safety Administration (NHTSA) and placed on NHTSA's conforming products list and is used for evidential testing of breath. 5.13 Follow-up Test: An alcohol and/or controlled substances test administered to a driver who has violated the regulations and City policy and who has been permitted to return to duty after passing a return-to-duty alcohol and/or controlled substances test. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p.4 5.14 Medical Review Officer(MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the City's drug testing program, who has knowledge of substance abuse disorders, and who has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. 5.15 Performing a Safety-Sensitive Function: A driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety- sensitive functions. 5.16 Post-Accident Test: An alcohol and/or drug test administered to a driver following an accident involving a commercial motor vehicle. 5.17 Pre-Employment Test: An alcohol and/or drug test administered to an individual prior to appointment to a position that will require the employee to perform a safety-sensitive function, or to a current employee who becomes a commercial driver through promotion, change in assignment or acting out-of-class. 5.18 Prohibited Behaviors: DOT regulations prescribe prohibited behaviors for employees subject to the City drug and alcohol testing program. For purposes of this program, prohibited behaviors include but are not limited to the following: 5.18.1 Reporting for duty or remaining on duty and performing safety-sensitive functions while having an alcohol concentration of 0.04 or greater. (Note: A driver tested under the requirements of this policy who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall be removed immediately from performing safety-sensitive functions until the start of the driver's next regu arly scheduled duty period, but not less than 24 hours following the test administration; the driver may also be subject to discipline.) 5.18.2 Possession of alcohol while on duty or operating a commercial motor vehicle. 5.18.3 Use of alcohol while performing safety-sensitive functions, including alcohol that may be in medications. 5.18.4 Performing safety-sensitive functions within four hours after having used alcohol. 5.18.5 Use of alcohol within eight (8) hours following an accident or before undergoing a post-accident alcohol test, whichever occurs first. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p.5 5.18.6 Reporting for duty or remaining on duty performing safety-sensitive functions after having used any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. Notwithstanding this exception for certain medications, the medical use of marijuana that causes drug or drug metabolites to be present in the body above minimum thresholds established in 49 CFR Part 40 constitutes prohibited conduct regardless of whether the marijuana was used under the guidance of a medical practitioner and regardless of whether the medical practitioner advised that such use will not adversely affect the driver's ability to safely operate a commercial motor vehicle. 5.18.7 Refusing to submit or to cooperate in providing valid sample(s) for post- accident, random, reasonable suspicion, or follow-up alcohol or controlled substances test(s) as directed pursuant to this poticy. 5.18.8 Reporting for duty, remaining on duty, or performing safety-sensitive functions while under the influence of a controlled substance. 5.19 Random Test: An alcohol and/or controlled substances test administered to a driver who has been randomly selected by a scientifically valid method from among the pool of City drivers subject to such tests. 5.20 Reasonable Suspicion Test: An alcohol and/or controlled substances test administered to a driver as a result of a trained supervisor's or trained City official's belief that the driver has violated the alcohol or controlled substances prohibitions of the regulations and City policy. A reasonable suspicion determination must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. These observations may include indications of the chronic and withdrawal effects of controlled substances. 5.21 Refusal to Submit to an Alcohol or Controlled Substances Test Means: 5.21.1 A driver fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing. 5.21.2 A driver fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 6 5.21.3 A driver engages in conduct that obstructs or interferes with the testing process. This may include, but is not limited to: failure to cooperate or follow instructions, leaving the testing site before the testing process is complete, having an adulterated or substituted tests result, or possession or use of a prosthetic device that could be used to interfere with the coltection process. 5.21.4 A driver fails to be readily available for any City-ordered drug or alcohol test. 5.22 Return-To-Duty Test: An alcohol and/or controlled substances test administered to a driver who has violated the prohibitions of this policy prior to the driver being permitted to return to duty. 5.23 Safety-Sensitive Functions: This encompasses all time from when a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. For the purposes of this program, the following items provide non-exclusive descriptions of activities that are considered safety-sensitive functions when performed by a commercial driver, as defined in section 5.10. 5.23.1 When a driver spends time at a carrier or shipper plant, terminal, facility or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the City. 5.23.2 When a driver inspects equipment, services or conditions of any motor vehicle at any time. 5.23.3 During all "driving time" meaning all time spent at the driving controls of a motor vehicle in operation. 5.23.4 During all times, other than driving time, in or upon any motor vehicle. 5.23.5 When loading or unloading a vehicle, supervising, or assisting the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded. 5.23.6 During time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p.7 5.24 Screening Test (Initial Test): 5.24.1 In alcohol testing, a screening test means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her systems. 5.24.2 In controlled substances testing, a screening test means an immunoassay screen, or other Department of Health & Human Services (DHHS)- approved test, to eliminate "negative" urine specimens from further consideration. 5.25 Substance Abuse Professional (SAP): A licensed physician or a licensed or certified psychologist, social worker, drug assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. 5.26 Supervisor: Any City director, manager, supervisor, lead worker, or coordinator with supervisory responsibilities over other City employees. 5.27 Trained Supervisor or Trained City Official: Any supervisor or other City official who has successfully completed a training program of no less than two hours and has received certification verifying successful completion of the training on identifying the signs and symptoms of alcohol and controlled substance problems in the work environment. 6.0 PROCEDURES: 6.1 Testing Process: Specimen collections will be conducted in accordance with the procedures of 49 CFR Part 40, as amended. The collection procedures are designed to ensure the security and integrity of the specimen provided by each covered employee, and those procedures will strictly follow federal chain-of- custody guidelines. Moreover, reasonable effort will be made to preserve the individual's privacy as much as possible consistent federal regulations designed to ensure an accurate result. As required by DOT regulations, only a laboratory certified by the DHHS will perform the analysis of the urine specimen for controlled substances. 6.2 Required Tests: Regulations require that alcohol and drug testing be performed in several different circumstances. These tests are pre-employment testing, post-accident testing, random testing, reasonable suspicion testing and return- to-work testing. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p.8 6.2.1 Pre-Employment Testing: Under this policy, pre-employment testing is conducted to ensure that no person is appointed to a City position that requires driving a commercial motor vehicle until the person successfully completes the required drug and alcohol test. Pre-employment testing is required for: 6.2.1.1 Applicants selected for hire into a position that requires driving a commercial motor vehicle. 6.2.1.2 Current City employees who are selected for new assignment to a position that requires driving a commercial motor vehicle, including those who drive a commercial motor vehicle on an intermittent or temporary basis. 6.2.2 Each job flyer, advertisement, or other recruiting notice published and/or distributed for a position that includes driving a CMV shall include notice that pre-employment drug and alcohol tests will be administered to each person offered employment for such a position. 6.2.3 Job offers to a person selected to fill a position that involves driving a CMV shall include information that: 6.2.3.1 The offer is conditional pending completion of a drug and alcohol test and the receipt of negative test results; 6.2.3.2 Refusal to participate in the testing wilt be disqualifying and will cancel the conditional offer of employment; 6.2.3.3 The testing will be conducted by a contractor selected by the City and results will be reviewed by medical professionals; 6.2.3.4 The individual must report to a specified test collection facility at least three days prior to starting employment with the City; and 6.2.3.5 A valid driver's license must be presented at the test site for identification. 6.2.4 During the hiring process, applicants will be asked to read and sign a Pre- Employment Drug and Alcohol Test Consent Form. 6.2.5 After a conditional offer of employment, the candidate will be scheduled by the Human Resources & Risk Management Department for testing at the contractor's facility. Notice to the applicant of the date, time, and place for the testing may be by phone conversation, in person, or by registered maiL 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p.9 6.2.6 Transportation to the testing site and the time required for the test will be the responsibility of the applicant, for which no compensation or reimbursement will be provided by the City. 6.2.7 Any of the following events will disqualify an applicant from appointment to a City position that involves driving a commercial motor vehicle for a period of one year: 6.2.7.1 Positive test for drugs or alcohol; 6.2.7.2 Refusal to submit to a pre-employment drug or alcohol test; 6.2.7.3 Failure to appear for a drug or alcohol test by three days prior to starting employment, absent his or her involvement in a vehicle accident or a genuine medical emergency. 6.2.8 Current City employees who are candidates for promotion, transfer or reassignment for the first time to a position that involves driving a commercial motor vehicle will be subject to the same procedure and the same consequences for failure to comply with testing requirements. 6.2.9 If the pre-employment test result reflects drug abuse or alcohol misuse by a current City employee while on duty, the Human Resources & Risk Management Department will notify the employee's supervisor of the positive result. Appropriate action will be taken by the supervisor, after investigation and consultation with the Human Resources & Risk Management Administrator, and may involve discipline, up to and including termination. 6.3 Random Testing: In this type of testing, employees who drive commercial motor vehicles are selected at random and scheduled for drug and alcohol testing at unpredictable times throughout each year. The purpose of random testing is to serve as a deterrent, and to identify commercial drivers who are abusing drugs or misusing alcohol. 6.3.1 Selection Process: 6.3.1.1 Each year at least 25%of the average total number of commercial drivers will be randomly selected to take a drug test and at least 10%of the average total number of commercial drivers will be randomly selected to take an alcohol test. 6.3.1.2 On an unannounced basis, the City's contractor for drug and alcohol testing will generate a list of persons to be tested. The contractor will use a scientifically valid, random number selection 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 10 method that will ensure that covered empioyees have an equal chance of being selected. The number of employees tested will vary throughout the year. 6.3.1.3 Human Resources will notify the director or his/her designee when employees in that division are selected for a drug and/or a cohol test. 6.3.1.4 If an employee is on an extended leave of absence and unavailable for testing during the testing period, an alternative may be selected. In that case, the employee's supervisor must prepare written documentation explaining the reason any commercial driver is unavailable for a random test. If an employee is chosen for random testing and is unavailable due to vacation or other short-term absence, the employee will be tested upon his/her return to work. 6.3.1.5 Covered employees who are for any reason removed from the random testing pool for a period of 30 days or more, will be required to take a drug and alcohol test that shows a negative result before they are permitted to perform safety-sensitive functions. 6.3.2 Notification of Employees: 6.3.2.1 Employees selected to take a random drug or alcohol test will receive an Employee Notification of a Scheduled Drug Screen or an Employee Notification of a Scheduled Alcohol Breath Test form and a Drug/Alcohol Testing Consent Form and submit to a drug and/or alcohol test at a time and place as directed by the City. 6.3.2.2 An employee notified of drug and/or alcohol testing must proceed immediately to the testing site. City departments will coordinate scheduling and transportation arrangements for their employees selected to take random drug or alcohol tests. 6.3.2.3 Premature disclosure of any selected employee's name is a violation of this program and will subject violators to discipline, up to and including termination. 6.3.2.4 A driver shall only be tested for alcohol just before, during or after performing safety-sensitive functions; controlled substance testing may occur at any time while the driver is working. 300-62 Drug and Alcohoi Testing Program for Drivers of Commercial Motor Vehicles p. 11 6.3.3 If the random test result reflects drug abuse or alcohol misuse by a current City employee while on duty, the Human Resources & Risk Management Department will notify the employee's supervisor of the positive result. Appropriate action will be taken by the supervisor, after investigation and consultation with the Human Resources & Risk Management Administrator, and may involve discipline, up to and including termination. 6.4 Reasonable Suspicion Testing: Federal regulations require the City to test commercial drivers for alcohol and drugs when the City has a reasonable suspicion that the driver has engaged in prohibited behaviors (see section 5.17). Nothing contained herein shall in any way be construed to restrict the City's right to order fit-for-duty examinations and/or other measures that are consistent with law and designed to promote safety in the workplace. 6.4.1 Basis for Reasonable Suspicion: Reasonable suspicion is based on a trained supervisor's specific, contemporaneous and articulable observations concerning the appearance, behavior, speech or body odors of a commercial driver. The basis for reasonable suspicion must be documented by the supervisor on the Supervisor's Reasonable Suspicion Checklist. The Citv has the ri ht to order drivers to submit to alcohol and dru testin if thev are involved in anv workplace accident unless the Citv concludes there is no reasonable possibilitv that dru or alcohol use was a factor in the accident. 6.4.2 Authority to Order Alcohol and/or Drug Tests Based on Reasonable Suspicion: Trained supervisors are authorized to order a driver to submit to an alcohol and/or drug test when the supervisor has a reasonable suspicion the driver has engaged in a prohibited behavior (see section 5.17). Reasonable suspicion drug testing is authorized when the supervisor's observation of the driver's behavior occurs any time during the workday. Reasonable suspicion alcohol testing is authorized only if the supervisor's observation of the driver's behavior has been made during,just preceding, or just after performing any safety-sensitive function. 6.4.3 Supervisor Responsibilities: When a trained supervisor has a reasonable suspicion that a driver has violated any of the prohibitions contained in these regulations, the supervisor will take reasonably necessary measures consistent with law to protect the life and safety of employees and others who could be endangered by a driver believed to be in viofation of this policy, including but not limited to the following actions. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 12 6.4.3.1 The trained supervisor will notify any driver suspected of a violation that he/she is being directed to submit to a reasonable suspicion drug and/or alcohol test. The supervisor will request the driver to read and sign the Reasonable Suspicion Drug and/or Alcohol Testing Consent Form. 6.4.3.2 The trained supervisor will not permit any driver suspected of a violation to perform any safety-sensitive functions until after alcohol and/or drug tests are conducted and negative test results are received. 6.4.3.3 The supervisor will take steps to secure any area where alcohol, drugs, suspected illegal substances, or paraphernalia are found. If illegal substances are found or if a supervisor suspects illegal activity has occurred, the supervisor will contact the Police Department, the division director and the Human Resources & Risk Management Department as soon as possible. 6.4.3.4 If the driver shows the supervisor a prescription drug, the supervisor will record all information on the drug container and provide a physical description of the medication (e.g. number, color, shape of pills, etc.). 6.4.3.5 After taking steps to ensure the safety of employees and others who could be endangered by a driver believed to be in violation of these regulations, the supervisor will complete and sign a Supervisory Documentation Report Form setting forth the specific behavior observed to support the supervisor's reasonable suspicion of a violation. The Reasonable Suspicion Report form must be completed within 24 hours of the observed behavior or before the results of the drug and and/or alcohol tests are released, whichever is earlier. 6.4.3.6 Following a determination of reasonable suspicion, drug and/or alcohol tests should be ordered as soon as possible. If not conducted within two hours of such incident, supervisors must document the specific reason(s) for the delay in the mandatory testing procedures. Under no circumstances will an alcohol test be conducted more than eight hours following a determination of reasonable suspicion. 6.4.4 Test Scheduling and Transportation Arrangements: The supervisor should call the Designated Employee Representative, hereafter DER, in the Human Resources & Risk Management Department and request the 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 13 designated medical staff at the City's contractor's facility to inform them that a City employee will be brought in for a reasonable suspicion drug and/or alcohol test. The supervisor will make arrangements to transport the suspected employee to and from the medical facility. Under no circumstances will the suspected employee be permitted to drive. 6.4.5 Return to Duty Following Reasonable Suspicion Determination: The supervisor shall not permit a driver to report for duty, remain on duty, perform, or continue to perform any safety-sensitive functions while the driver is impaired by alcohol, as shown by the behavioral, speech, or performance indicators of alcohol misuse, until: (1) an alcohol test is administered and the driver's alcohol concentration measures less than 0.02 percent; or (2) the start of the driver's next regularly-scheduled duty period, but not less than twenty-four (24) hours following the supervisor's determination that reasonable suspicion exists. 6.4.6. If the reasonable suspicion test result reflects drug abuse or alcohol misuse by a current City employee while on duty, the Human Resources Risk Management Department will notify the employee's supervisor of the positive result. Appropriate action will be taken by the supervisor, after investigation and consultation with the Human Resources & Risk Management Administrator, and may involve discipline, up to and including termination. 6.5 Post-Accident Testing: The purpose of post-accident drug and/or alcohol testing is to determine whether a commercial driver's condition might have played a role in certain accidents involving a commercial motor vehicle or any other City vehicle driven on behalf of, and with the consent of, a City department. For the purposes of this section, "accident" refers to any accident involving a City commercial motor vehicle or other City vehicle where: (1) the accident results in a fatality; (2) the driver received a citation for a moving violation and the accident involved bodily injury to any person who, as a result of the accident, immediately receives medical treatment away from the scene; or (3) the driver received a citation for a moving violation and the accident involved one or more motor vehicles incurring disabling damages as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (Note: Other accidents and mishaps should be evaluated to determine whether drivers need to be tested under the reasonable suspicion procedures in section 6.3.) 6.5.1 Procedures: As soon as practicable foltowing an accident the City will require the following employees to submit to drug and alcohol testing: 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 14 6.5.1.1. Surviving drivers who were driving a commercial motor vehicle or other City vehicle involved in an accident; and/or 6.5.1.2 Surviving drivers who received a citation from a law enforcement official at the scene of the accident for a traffic violation arising from the accident. 6.5.2 Drug and/or alcohol tests ordered by law enforcement officials may be obtained by the City and used for the purposes of the regulation. 6.5.3 Supervisor Responsibilities: To implement this section, supervisors must: 6.5.3.1 Ensure all drivers receive appropriate information, procedures, and instructions on post-accident protocol before drivers are permitted to operate commercial motor vehicles or other City vehicles for the City; 6.5.3.2 After an accident occurs, arrange for required tests, if not already initiated by law enforcement officials; 6.5.3.3 Request that affected employees read and sign the Drug/Alcohol Testing Consent Form and arrange to have such employees transported to a testing facility (under no circumstances may the employee be permitted to drive); 6.5.3.4 Document on the Supervisory Documentation Report Form facts and observations related to any decision to order testing under this policy, noting the time and date of both the accident and the test along with standard accident investigation information. 6.5.3.5 If a required alcohol test is not administered within 2 hours following an accident, the supervisor will continue to attempt to ensure the employee is tested, and will document on the Supervisory Documentation Report Form the reason(s)the test was not promptly administered. If the alcohol test is still not administered within 8 hours following an accident, the supervisor will stop attempts to have the employee tested and document on the form the specific reasons the employee was not tested as required by the regulations. 6.5.3.6 If a drug test is not administered within 32 hours following an accident, the supervisor shall discontinue attempts to have the employee tested and document on the form the specific reasons the employee was not tested as required by the regulations. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 15 6.5.3.7 The supervisor will remove the employee from safety-sensitive duties until negative test results are received. 6.5.4 Driver Responsibilities: 6.5.4.1 As soon as possible, drivers must notify their supervisors after any accident or mishap that involves injuries or property damage. 6.5.4.2 Drivers are to remain readily available for possible testing after any accident or mishap involving injuries or property damage. Failure to do so may be considered a refusal to submit to testing. Because post-accident drug and alcohol testing should not delay necessary medical attention for injured people, the driver may leave the scene of an accident for the time necessary to obtain assistance in responding to an accident.) 6.5.4.3 Drivers must refrain from the consumption of any products containing alcohol or controlled substances for at least 8 hours following an accident or until they take post-accident drug and/or alcohol tests, whichever occurs first. 6.6 Consequences of Refusal to Submit to City-Ordered Drug and/or Alcohol Testing. Any refusal to submit to testing constitutes a violation of this policy and insubordination, and will subject an employee to discipline, up to and including termination from City employment. At a minimum, any refusal to submit to testing will subject an employee to the same procedures outlined in section 6.9 regarding consequences of engaging in a prohibited behavior. 6.7 Notification of Results and Verification Process: 6.7.1 Reporting Negative Test Results: As soon as possible the MRO will provide individual notices reflecting negative drug or alcohol test results to the Human Resources & Risk Management Administrator (DER) or designee. The information will be promptly communicated to affected employees and their division head. 6.7.2 Reporting Positive Drug Test Results: 6.7.2.1 After reviewing test results, the MRO will attempt to contact the affected employee to advise him or her of the positive test results. 6.7.2.2 If the employee cannot be reached, the MRO will contact the DER, who will attempt to contact the employee to direct them to 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 16 contact the MRO as soon as possible, before performing safety- sensitive duties, and no later than 24 hours from such contact. If the DER is unable to contact the employee, the employee's supervisor may take whatever steps are necessary to see that the employee is removed from safety-sensitive duties pending further action by the department. 6.7.2.3 If the MRO does not hear from an employee within five (5) days after requesting the DER's cooperation in contacting the employee, the employee will have waived the opportunity to present information concerning possible explanations of their test results(s). When this occurs, the MRO will issue a final and binding positive test result. However, the MRO may re-open the verification for good cause. 6.7.2.4 If the MRO concludes, after appropriate review, that no legitimate medical reason exists for a positive test, he or she must report the verified positive test and the identity of the substance found to the DER. This reporting will not be delayed pending split specimen analysis. In addition, the MRO witl refer the employee to the City's Employee Assistance Program (EAP). 6.7.2.5 The DER will report positive results to the appropriate division head who will take action as outlined in section 6.8, Consequences of Engaging in a Prohibited Behavior. 6.7.3 Request to Test a Split Specimen: 6.7.3.1 The MRO wilt notify each employee who has a verified positive test that the employee has 72 hours in which to request a test of a split specimen. If there is a good cause, the MRO has the discretion to waive the 72 hour time limit and accept an employee's request that a split sample be tested. 6.7.3.2 If requested, the MRO will direct the laboratory to send the specimen to another laboratory for analysis. 6.7.3.3 All split specimen tests requested by employees will be conducted at the requesting employee's expense. If analysis fails to confirm the presence of drugs found in a primary specimen, the MRO will report a negative result and the City will reimburse the employee for the cost of the split specimen testing. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 17 6.7.3.4 If the split specimen is unavailable or inadequate for testing, the MRO will cancel the test and report the cancellation and reasons therefor to the DOT, the DER, and the affected employee. Such event does not in any way restrict the discretion of the MRO to verify results of a drug test without a split specimen. 6.8 Reporting Positive Alcohol Test Results: The BAT will immediately notify the employee and the accompanying supervisor or designee of a positive alcohol test. If a supervisor is not present, the BAT will immediately inform the DER of the test result. Employees who have tested positive will not be permitted to drive. The supervisor, DER or designee will assist in making transportation arrangements for those employees. 6.9 Consequences of Engaging in a Prohibited Behavior: Covered employees who engage in any prohibited behavior will be subject to discipline, up to and including termination from City employment. If such employees are permitted to retain employment with the City, they must comply with the treatment and follow-up testing protocol outlined in this section. 6.9.1 Upon a determination that a driver has engaged in a prohibited behavior, the appropriate supervisor will take whatever measures are necessary to remove the employee from safety sensitive duties, investigate the circumstances, and, when appropriate, make a recommendation for disciplinary action. 6.9.2 The EAP should be used to advise the employee of resources available to evaluate and resolve problems associated with alcohol misuse or substance abuse, including names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment program. 6.9.3 The employee must obtain an evaluation by a DOT-qualified Substance Abuse Professional (SAP) approved by the City, who must determine what assistance and treatment, if any, the employee needs in resolving problems associated with alcohol misuse and/or substance abuse, and release the results of that evaluation to the DER. 6.9.4 If an employee wishes to maintain employment with the City, and the City is willing to maintain employment, the employee must comply with any and all of the SAP's treatment recommendations. 6.9.5 If permitted to remain in employment with the City, the employee will submit to a return-to-work drug screen urinalysis and alcohol breath test if both are required by the SAP, according to DOT protocols, with results 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 18 to the SAP. The test may be an observed collection. This test must be negative to continue with returning to work. 6.9.6 The SAP will then review the original assessment, the summary of any treatment program and the drug/alcohot screen results to make a final determination as to the employee's ability to return to work in a safety- sensitive position. The SAP may interview the employee and may consult with any involved counselors and the MRO to assist in making this determination. The employee must consent to release information to the SAP from all involved counselors and/or physicians. 6.9.7 Upon return to work, the employee will be subject to an individual random testing program, the number and frequency to be determined by the SAP, for at least 12 months (with at least 6 tests in the first 12 months) and up to 60 months at the discretion of the SAP and DER. All test results must be negative or the return to work program is terminated, and disciplinary action will be taken by the City. This testing is in addition to all other testing already required by DOT regulations e.g., random testing applicable to CDL employees). (Note: State or federal officials may suspend or confiscate an employee's CDL and or certification. In such event, the employee would not be qualified to perform safety-sensitive duties and may face termination of their employment with the City.) 6.9.8 Payment for evaluation and treatment may be covered under the employee's health care benefit plan to the extent the plan allows. Any cost not paid by the benefit plan will be the responsibility of the employee. 6.10 Employee Expectations: 6.10.1 As a condition of employment, drivers are expected to perform their duties in a manner consistent with this policy and applicable State and federal regulations. It is expected and encouraged by City management that employees voluntarily seek help for substance abuse problems before their work performance is affected. 6.10.2 Employees will immediately be removed from all safety-sensitive functions and be subject to discipline, up to and including termination from City employment, if they do not comply with the following expectations. 6.10.2.1 Appear for a random drug and/or alcohol test immediately following notification to appear for such test(s). 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 19 6.10.2.2 Submit to any aicohol or drug test ordered by the City; sign a Drug/Alcohol Testing Consent Form; provide a breath and/or unadulterated urine sampte; and test negative for the presence of alcohol or drugs. 6.10.2.3 Remain alcohol free for eight (8) hours after an accident or until post-accident alcohol and drug tests are administered, whichever occurs first, and remain readily available for alcohol and drug testing after any accident or mishap involving a commercial motor vehicle or other City vehicle. 6.10.2.4 Not manufacture, distribute, dispense, possess, or use controlled substances in the workplace. 6.10.2.5 Notify the division head within five days of any criminal drug convictions. 6.10.2.6 Provide the City with a physician's written recommendation that therapeutic drug use will not adversely affect their ability to safely drive a commercial motor vehicle. 6.10.2.7 Report the condition of other employees to the supervisor when the employee's condition presents a safety hazard to him/herself or others. 6.10.3 Self-Disclosure of Drug or Alcohol Dependency. 6.10.3.1 In some cases alcohol and drug abuse can be a result of chemical dependency that can be successfully treated with professional help. Drivers who are having problems with alcohol or drug use are encouraged to seek voluntary counseling and treatment. It is the driver's responsibility to seek help when needed, and to do so before substance abuse causes problems on the job, results in a positive drug or alcohol test or results in disciplinary action. 6.10.3.2 Drivers who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation, and treatment requirements of 49 CFR Part 382 and 40, provided that the admission is in accordance with this written, established voluntary self-identification policy; the driver does not self-identify in order to avoid testing; the driver makes the admission of alcohol misuse or controlled substances use before performing a safety-sensitive function; and the driver does not perform a safety-sensitive function until the employer is satisfied that the driver has 300-62 Orug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p. 20 successfuliy completed education or treatment requirements in accordance with the self-identification program guidelines. 6.10.3.3 Normally, the City will not take adverse action against a driver making a voluntary admission of alcohol misuse or controlled substances use provided that the admission occurs before the employee has been subject to disciplinary action or the use/misuse has affected job performance. In addition, the City will allow the driver sufficient opportunity to seek an evaluation, education, or treatment to establish control over the employee's drug or alcohol problem. However, the City will permit the employee to return to safety-sensitive duties only if the employee successfully completes an educational or treatment program, as determined by a substance abuse professional; and successfully passes return-to- work alcohol and substance abuse tests. The following Substance Abuse Professional can provide help and referrals: First Choice Health 1-800-777-4114 www.fchn.com 6.11 Supervisor Expectations and Responsibilities: As a condition of employment, supervisors are expected to perform their duties in a manner consistent with Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles and applicable state and federal regulations. The supervisor is required to: 6.11.1 Preserve the confidentiality of names for random testing assuring that employees who are to be tested are informed of the test in a timely manner but no sooner than necessary on the day of the test to assure that employees have no advance knowledge of the test. 6.11.2 Investigate any potentially credible reports of prohibited behaviors. 6.11.3 Require employees be tested for drugs and/or alcohol if there is reasonable suspicion that an employee has engaged in a prohibited behavior including drug abuse or alcohol misuse, and use the Supervisor's Reasonable Suspicion Checklist and Supervisory Documentation Report Form for documenting the behaviors, appearance, speech, or body odors that led to the supervisor's reasonable suspicion. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p.21 6.11.4 Provide the employee with an Alcohol/Drug Test Consent Form and instruct the employee on what is to be read and signed by the employee. 6.11.5 Investigate vehicle accidents, documenting date/time of accident and date/time of drug/alcohol testing. 6.11.6 For reasonable suspicion or post-accident testing, the supervisor will: 6.11.6.1 Transport the employee to the test site; 6.11.6.2 Provide the employee with the consent form for signature; 6.11.6.3 Obtain the results of the alcohol breath test at the test site. 6.11.6.4 Transport the employee back to the job site or facilitate transportation to the employee's home if the alcohol test was positive or if the employee appears to be impaired and should not drive or, in rare circumstances, coordinate transportation to a medical facility if impairment is severe enough to require hospitalization. 6.11.7 Remove drivers from performing safety-sensitive duties when required by the plan/program. Removal may be temporary pending the final outcome. 6.11.8 Preserve the confidentiality of test results and disciplinary and other actions taken involving employees under their supervision. 6.11.9 Supervisors required to have a CDL are subject to the drug and alcohol testing requirement and are required to meet all of the expectations tisted for employees. 6.11.10 Supervisors who are not holders of CDL's are expected to avoid engaging in prohibited behaviors in order to successfully administer and uphold the integrity of this program. 6.11.11 Carry out other supervisory or managerial duties and responsibilities included in the Drug and Alcohol Testing program. 6.12 Human Resources and Risk Management (HRRM) Department: 6.12.1 The Administrator will appoint a Designated Employee Representative DER) who coordinates with the City's contractor and, after consultation with division heads, arranges regularly scheduled drug and alcohol 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p.22 testing such as pre-employment and random tests. The DER also provides employees with resource materials and referral assistance. 6.12.2 The DER provides Occupationat Health Services/Valley Medical Center, or the current DOT testing vendor, with current information on the names of employees in the testing pool. 6.12.3 The DER receives negative and positive test results from the MRO and provides that information to the affected employees and, as necessary, to the division director(s). 6.12.4 As part of the pre-employment procedure, the DER reviews the requirements of the DOT drug testing policy and provides the candidate with a packet of information including: a copy of this policy 300-62; a list of drugs commonly abused and hotlines to treatment and intervention services; a summary of the drug and alcohol program; a sample of the referral form that Occupational Health uses for drug and alcohol testing; a memo from the HRRM Administrator reiterating the requirements of the Drug and Alcohol policy; and two consent forms for the candidate to sign, acknowledging receipt of the aforementioned documents. These forms are held in the HRRM Department for the duration of employment of the employee. 6.12.5 The DER preserves the confidentiality of names for random testing, assuring that employees who are to be tested are informed of the test in a timely manner but no sooner than necessary on the day of the test to assure that employees have no advance knowledge of the test. 6.12.6 The DER arranges for and schedules, with the assistance of the division director(s), formal supervisory training and employee orientation as necessary. 6.12.7 The DER preserves the confidentiality of positive test results and disciplinary and other actions taken involving employees required to participate in the drug and alcohol testing program. 6.12.8 The DER maintains records required under this policy, including test results, in a secure location with controlled access. Each driver shall, upon written request, be entitled to receive copies of his/her own records, and to have copies of his/her records made available to any subsequent employer. Information may also be disclosed to the relevant state or federal agencies, or in connection with judicial, administrative or related proceedings (e.g., grievances and arbitration) initiated by or on behalf of the driver, or where otherwise required by law. 300-62 Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles p.23 6.12.9 The DER carries out other managerial duties and responsibilities included in the Drug and Alcohol Testing program. 6.13 Division Director and his or her Designee's Responsibilities: The division director and his or her designee will: 6.13.1 Receive random test notices from the HRRM Department and on the scheduled day and time, inform the employees selected that testing must take place immediately upon receipt of their notices. 6.13.2 Make transportation arrangements for employees, if necessary. 6.13.3 Preserve the confidentiality of employee names selected for random testing and other testing. 6.13.4 Preserve the confidentiality of positive test results and disciplinary and other actions taken involving employees under their direction. 6.13.5 Carry out other supervisory or managerial duties as responsibilities included in the Drug and Alcohol Testing program. 6.14 Effects of Drug and Alcohol Use: DOT regulations require employers to furnish information regarding the effects of alcohol and controlled substance use, as well as the signs and symptoms of such use. Fact sheets regarding alcohol and various controlled substances are available in the HRRM Department upon request. Any employee who suspects that a co-worker has an alcohot or drug problem may refer the co-worker to contact information for the Substance Abuse Professional identified in this policy, First Choice Health, or to management.