Employee Handbook

Section 8 — Safety and Wellness

Testing Program for Individual Required to Possess a Commercial Drivers License (CDL) Regulated by the Federal Department of Transportation (DOT)

Definitions

As used in this policy, the terms “Controlled Substance” and “Drug” means any substance specified in Schedule I, II, III, IV, or V of the federal Controlled Substances Act, 21 U.S.C. 801 et. seq. and published at 21 CFR 1308.11 and 21 CFR 1308.12, and any substance defined as a “cControlled Substance” by state law. The terms "Controlled Substance" and “Drug” also include any imitation Controlled Substance or Drug and any counterfeit Controlled Substance or Drug.

“Alcohol” means the intoxicating agent in beverage Alcohol, ethyl Alcohol or other low molecular weight Alcohol including methyl or isopropyl Alcohol. The term “Alcohol” includes, but is not limited to, beer, wine, liquor, other alcoholic beverages, and medicines containing Alcohol (unless the packaging seal is unbroken).

Testing Program

The City recognizes that the use or abuse of Alcohol or Controlled Substance by drivers of Commercial Vehicle presents a serious threat to the safety and health of the drivers, other City employees, and the general public. It is the policy of the City that all drivers are free of Drug and Alcohol while on duty and as otherwise required by the Omnibus Transportation Employee Drug Testing Act of 1991. In order to comply with this law, the City has established a Drug and Alcohol testing program designed to discourage Drug and Alcohol abuse and prevent traffic accidents and injuries to City employees and the public. The following terms are used:  

1. Commercial Driver:  An employee whose position has been designated as requiring possession of a Commercial Drivers License (CDL).

2. DOT Drug Test:  Any Drug test performed under Department of Transportation (DOT) regulations for the five specified controlled substances:  Marijuana (THC), cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP).

The following policies pertain to employees holding a CDL and whose duties include the performance of Safety-Sensitive Functions in connection with the operation of a Commercial Vehicle. Safety-Sensitive Functions include the following:

1. 1. Waiting to be dispatched or remaining in readiness to operate a vehicle. For employees who are required to have a CDL, this generally means all hours of work.
   2. Operating a Commercial Vehicle.
   3. Performing maintenance, or loading or unloading a Commercial Vehicle.

Covered employees will not engage in the following conduct:

1. 1. Be on standby, report for duty, or remain on duty, requiring the performance of Safety-Sensitive Functions while having an Alcohol concentration of 0.02 or greater.
   2. Be on duty or operate a commercial motor vehicle while possessing Alcohol.
   3. Use Alcohol while performing Safety-Sensitive Functions.
   4. Perform Safety-Sensitive Functions within four hours after using Alcohol.
   5. Use Alcohol for eight hours following an accident or until undergoing a post-accident test.
   6. Refuse to submit to an Alcohol or Drug test.
   7. Be on standby or duty, report for duty, remain on duty, or perform a Safety-Sensitive Functions under the influence of Drug or if tested positive for Drug.
   8. Refuse to consent to the annual query to the Federal Motor Carrier Safety Administration (FMCSA) database.

All covered employees may use prescription Drug only if the doctor has advised the employee that the Drug will not adversely affect the driver’s ability to safely operate a vehicle. Employees using prescription Drug must carry such Drug in their original containers, which must be labeled with the name of the doctor and the Drug prescribed.

The City reserves the right to conduct Alcohol and Drug testing for employees that ARE required to possess a Commercial Drivers License (CDL) (DOT Employees) under any of the following circumstances:

• • Pre-Employment Testing - When a position warrants a pre-employment Drug test and physical.
  • Reasonable Suspicion Testing - Where there is evidence that an employee may be impaired on the job due to the use of illegal drugs, controlled substances or Alcohol.
  • Post-Accident
  • Random Drug and Alcohol Testing
  • Follow-Up Testing/Return-To-Work Testing
  • Where there is evidence that an employee has violated some provision of this policy.

Pre-employment Testing

All prospective employees whose position will require them to drive a vehicle weighing over twenty‑six thousand pounds, whose position requires them to possess a valid Commercial Drivers License (CDL) to hold the position, or whose position is a safety-sensitive position identified by the City will be required to pass a Drug test after they have been extended a conditional offer of employment with the City.

Prospective employees who refuse to take the required Drug test, or who fail to cooperate in any aspect of the testing procedure, refuse to consent to the full query in the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse, or who test positive for any of the designated Drug will be ineligible for City employment and will be removed from all eligibility lists.  

In addition to being required to pass a Drug test after a candidate has been extended a conditional offer of employment with the City, applicants who are required to have a CDL must also sign a written statement authorizing the City to obtain all information related to Alcohol and Drug from former employers and provide consent to conduct the pre-employment full query in the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse

Prior to allowing an employee to perform a Safety-Sensitive Functions, the City will obtain or document a reasonable attempt to obtain the following information about the employee from previous employers for the preceding three years from the date of the application:

1. 1. Alcoholest results of .04 or greater;

   2. Positive Drug test results; and

   3. Refusals to be tested

   4. Other violations of DOT agency Drug and Alcohol testing regulations

   5. Information obtained from previous employer of a Drug and Alcohol rule violation

   6. Documentation, if any, of completion of the return-to-duty process following a rule violation

Reasonable Suspicion Testing

When a supervisor has reasonable suspicion that an employee is using or is under the influence of Drug or Alcohol, the supervisor will require the employee to take a Drug and/or Alcohol test. Only a supervisor who has been trained in making such observations may order a test. It is recommended, but not required, that a second, trained supervisor also observe the employee. The reasons for the reasonable suspicion must be documented within 24 hours or prior to the release of the test results. The report will be signed by the supervisor and forwarded up through the chain of command to the Department Director and to the Human Resources Director. The Human Resources Director will comply with the DOT documentation and reporting requirements.

Employees may be subject to testing when there is reason to believe that an employee is using or has used Alcohol or Drug in violation of the City’s written policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. The decision to test must be based on specific contemporaneous, describable observations concerning the appearance, behavior, speech or body odors of the employee and this determination must be made just before, during, or just after the time in which the employee must be in compliance with this policy. For purposes of this provision, facts and inferences may be based upon, but are not limited to, any of the following:

1. 1. Observable phenomena while at work such as direct observation of Alcohol or Drug use or abuse or of the physical symptoms or manifestations of being impaired due to Alcohol or other Drug use.
   2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
   3. Report of Alcohol or Drug abuse from a reliable and credible source.
   4. Evidence that an individual has tampered with any Drug or Alcohol test during the individual’s employment with the City.
   5. Evidence that an employee has manufactured, sold, distributed, solicited, possessed, used, or transferred Drug while working or while on the employee’s premises or while operating a City vehicle, machinery, or equipment.

Employees who are reasonably suspected of being impaired by or under the influence of a Controlled Substance or Alcohol (that is, having a Controlled Substance or Alcohol in the body) shall be either suspended from their job duties pending an investigation and verification of their condition, or, if Drug-testing facilities are not available, ordered to immediately discontinue all work activities and leave the City’s premises. Employees who are reasonably suspected of being impaired by or under the influence of a Controlled Substance or Alcohol will not be permitted to drive a motor vehicle after they have been suspended. The supervisor must transport the employee to the test site or arrange for another member of the City staff to do so. The person accompanying the employee will, when possible, call the test site in advance.

A reasonable suspicion Alcohol test must be performed within two hours and no later than eight hours after determining reasonable suspicion. If the Alcohol test is not given within two hours, the reasons for the delay must be documented. If the Alcohol test is not given within eight hours, attempts to test are stopped and the reason for not testing must be documented.

Employees who are required to submit to reasonable suspicion testing will be suspended from their job duties pending an investigation and the report of the tests. If the test of the employee results in an Alcohol concentration of less than .04 and a MRO-verified negative test for the use of Controlled Substance, then the period of suspension will be with pay. If the test of the employee results in an Alcohol concentration of more than .04 or a MRO-verified positive test for the use of Controlled Substance, then the period of suspension will be without pay.

Post-Accident Testing

As soon as practical following a motor vehicle accident involving City employees driving under a CDL license, the surviving drivers shall be tested for Alcohol and Drug if either of the following occurred:

1.   The driver received a citation and either (a) bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident, or (b) a vehicle was towed from the scene irrespective of the value of the damage to the vehicle,

or

2.      A fatality occurred.

Following a vehicle accident that requires Alcohol/Drug testing, the driver shall be readily accessible for testing. Being unavailable for testing or leaving the scene will be treated the same as a positive test and will subject the driver to disciplinary action. Necessary medical attention will not be denied to a driver while awaiting post-accident Drug or Alcohol testing. Drivers shall not consume any Alcohol for eight hours following an accident or until they have received post-accident testing.  

The results of a breath test for the use of Alcohol or a urine test for the use of Drug conducted by federal, state or local officials having independent authority for the tests, shall be considered to meet the requirements of this section, provided such tests conform to applicable federal, state or local requirements and that the results of the tests are obtained by the City.

Random Testing  

Upon notification that an employee has been selected for testing, Human Resources will notify the employee’s supervisor and the collection site. The employee will be instructed to go to the collection site and must be prepared to provide his or her CDL driver’s license.  

Employees’ identification numbers are selected by a scientific method giving all employees an equal chance to be selected. Random tests are unannounced and performed throughout the year.

Employees selected for random Alcohol testing will be informed of a random Alcohol test just before, during or just after performing a Safety-Sensitive Functions.

Employees selected for random Drug testing will be informed as soon as possible after the employee’s Director receives the employees’ identification numbers. The City will document why some, if any, employees were selected but not informed.

Follow-Up Testing/Return-To-Work Testing

Any employee who is found to be in violation of this policy regarding Drug and Alcohol use and who returns to any employment with the City will do so subject to conditions set by the City including conditions that the employee comply with the following return-to-duty or follow-up testing procedures:

1.      The employee must receive any recommended counseling or treatment.

2.      The employee must submit to a Drug and Alcohol test like any other applicant or new employee.

3.      After returning to duty, the employee will be subjected to six unannounced follow-up tests within the next twelve (12) months for Alcohol, Drug or both; and

4.    The employee’s Director, in consultation with the Substance Abuse Professional (SAP)., can terminate the follow-up testing requirement after the first six (6) tests have been successfully completed or can continue the follow-up testing for up to sixty (60) months from the date of the employee’s return to duty.

Testing Procedures

Upon arrival at the collection site, the employee will present the required identification. Laboratory personnel will brief the employee as required by DOT regulations and as may otherwise be appropriate. The following behavior constitutes a refusal to submit to Drug or Alcohol testing and will be treated as a positive test result and will subject the employee to disciplinary action, up to and including, discharge:

1) Failure to sign the consent form or other required documents.

2) Failure to cooperate fully in any mandatory aspect of the testing procedure.

3) Tampering with or attempting to adulterate the specimen.

4) Interfering with the collection procedure.

5) Not immediately reporting to the collection site.

6) Failing to remain at the collection site until the collection process is complete.

7) Having a test result reported by an MRO as adulterated or substituted.

In the event the employee’s, or perspective employee’s, Drug screen result has integrity flaws, such as in the case of a “out of temperature specimen” or “inconclusive result”, and there is no sign of intentional tampering of the specimen, the employee will be scheduled for a second Drug test. If the second Drug screen result also has integrity flaws without a valid medical explanation, the results will be treated as a positive test result and will subject the employee to disciplinary action, up to and including, discharge.   

In the event test results are a dilute negative the city will require an additional Drug screen. If the second Drug screen is a negative dilute it will be considered a negative result. If the Drug screen results are a dilute positive this will be considered positive.

The City will strictly adhere to all standards of confidentiality. Testing records and results will remain confidential and will only be released to those authorized to receive such information.

Alcohol Testing

Alcohol testing will be performed using breath or saliva samples. Alcohol breath testing will be conducted by a Breath Alcohol Technician (BAT) using an evidential breath testing (EBT) device approved by the NHTSA (National Highway Traffic Safety Administration). Saliva testing will be conducted by a Screening Test Technician (STT)

If a breath or saliva Alcohol test indicates a concentration of 0.02 or greater, a second verification test will be conducted. The DOT regulations do not provide for further challenge of breath Alcohol testing results. Employees must sign all forms necessary for the completion of the initial test and the confirmation test. A refusal to sign the necessary form will be considered a refusal to test.

If the test results indicate an Alcohol concentration of at least 0.02 but less than 0.04, the driver will be removed from the job for at least 24 hours and shall be permitted to use Compensatory Time (Comp Time) or vacation time, or leave without pay, if paid leave is not available. Alternatively, the employee may be assigned to non-safety-sensitive duties with approval of the Department Director. The employee may return to safety-sensitive duty at his or her next scheduled shift after completion of the following:

• At least 24 hours have elapsed from the Alcohol concentration test that indicated an Alcohol concentration of at least 0.02

• The employee has taken another Alcohol concentration test that indicates an Alcohol concentration of less than 0.02.

If a breath or saliva Alcohol test indicates a concentration of 0.04 or greater, the employee will be removed from duty, referred to the EAP for evaluation, and the result reported to the Federal Motor Carrier Safety Administration’s (FMSCA) Clearinghouse.

Alcohol Testing Procedure

If an Alcohol test is not administered within two hours following the event, the supervisor of the driver shall prepare and submit the report stating the reasons why the test was not promptly administered.  

If the Alcohol test is not administered within eight hours following the event, the supervisor shall cease attempts to arrange for an Alcohol test and shall prepare and submit the report stating why the test could not be administered within eight hours. This report must be signed by the supervisors and forwarded to the Department Director and Human Resources.

If an employee fails to produce a sufficient amount of breath to properly administer a breath Alcohol test, the employee shall be referred to a Medical Review Officer (MRO). The doctor will review the employee’s pulmonary health and provide the City a written report concerning the employee’s ability to produce an adequate amount of breath for testing. Failure to provide an adequate amount of breath will be regarded as a refusal to submit to testing, unless the doctor determines that a medical condition caused the failure to provide adequate breath.

If an employee refuses to follow the Screening Test Technician (STT) instructions to administer a saliva Alcohol test, if an employee will not complete the saliva gathering process, or if an employee fails to provide an adequate amount of saliva, this will be considered a refusal to testing.

Drug Testing

Collection site staff will obtain a urine sample from the employee. The sample will be split into a primary sample and a secondary sample, both of which will be sent to the designated laboratory where the primary sample will be analyzed and the secondary sample held in reserve in the event of a challenge testing.

Employees who cannot provide an adequate amount of urine will receive instructions for drinking water and repeating the test. The Drug test will be stopped when the employee fails twice to provide an adequate amount of urine. A doctor may analyze the employee’s inability to provide adequate urine. Failure to provide adequate urine will be regarded as a refusal to submit to testing, unless the doctor determines a medical condition caused the failure to provide adequate urine.

The laboratory will conduct a screening test for the DOT regulated Drug. If the screening test shows evidence of any of these substances, a confirmation test will be conducted, but only for the substances that were indicated by the screening test.

Drug Testing Procedure

If a Drug test is not administered within 32 hours following the event, the supervisor shall cease attempts to arrange for the test and will prepare and submit the report stating why the test could not be administered within 32 hours. This report must be signed by the supervisor and forwarded via the organizational chart to the Department Director and the Human Resources Director.

If the confirming test indicates the presence of any of the five Drug, the laboratory will report the results to the Medical Review Officer (MRO). The MRO will contact the employee by telephone to determine whether there is a legitimate reason for the positive test indication. If so, the MRO will report a negative test result to the City. If the MRO determines that the test is positive, it will be reported to the designated City contact as such, and the employee will be removed from duty, referred to the EAP for evaluation by a Substance Abuse Professional (SAP)., and the result reported to the Federal Motor Carrier Safety Administration’s (FMSCA) Clearinghouse.

Upon receiving notice of a positive Drug test result, the employee may exercise the option of having the secondary sample tested by another certified laboratory within 72 hours. If the results of the test of the secondary sample are negative, it will be recorded as such and the City will pay for the test. If the test is positive, the results will be treated the same as a positive result on the original test, and the employee will pay for the test.

Consequences of Positive Tests

Pay Status

Upon being relieved from duty and pending evaluation by an SAP, the employee shall be permitted to use Compensatory Time (Comp Time), vacation, or leave without pay, if paid leave is unavailable. If an SAP determines that the positive test was associated with chemical dependency, upon the employee's request and with appropriate documentation, the employee may be placed on Family Medical Leave.

SAP Recommendation

If the SAP determines that no treatment or follow-up testing is required, the employee may return to duty if at least 24 hours have elapsed since testing and if a return to duty test indicates the absence of Drug and an Alcohol concentration of less than 0.02.  

If the SAP recommends treatment, the employee must agree to undergo treatment and must successfully complete the treatment program as a condition of continued employment with the City. Under some circumstances, treatment programs are covered by the City health insurance plan. Failure to undergo or successfully complete the treatment program will result in termination. The SAP will determine whether the employee can return to work while undergoing treatment.

Discipline

In the case of a positive Drug or Alcohol test, the employee will not ordinarily be subject to disciplinary action for the first occurrence, provided that he or she cooperates fully in all aspects of the testing, evaluation and treatment procedures, and successfully completes any required treatment program. Discipline, however, will be imposed for prohibited acts on the job, such as Drug or Alcohol use, possession, or sale.

In the case of a second or subsequent positive Drug or Alcohol test, the employee will be subject to discharge.

The Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse

As required by the FMCSA, the following information will be reported to Clearinghouse:

1)       A verified positive, adulterate, or substituted Drug test result

2)       An Alcohol confirmation test with a concentration of 0.04 or higher

3)       A refusal to submit to a Drug or Alcohol test

4)       An employer’s report of actual knowledge, as defined at 49 CFP part 382.107

5)       On duty Alcohol use pursuant to 49 CFR part 382.205

6)       Pre-duty Alcohol use pursuant to 49 CFP part 382.207

7)       Alcohol use following an accident pursuant to 49 CFR 382.209

8)       Drug use pursuant to 49 CFR part 382.213

9)       A SAP’s report of the successful completion of the return-to-duty process

10)   A negative return-to-duty test

11)   An employer’s report of completion of follow-up testing

For all employees that are required to hold a CDL per the DOT, an annual limited query will be conducted in the FMCSA Drug and Alcohol Clearinghouse. An employee must provide consent for a limited query or will be immediately removed from performing Safety-Sensitive Functions.

If a full query is required by the Clearinghouse, an employee must provide consent for a full query or will be immediately removed from performing Safety-Sensitive Functions.

If information received from the FMSCA indicates that an employee has had a positive Drug or Alcohol test or refused to complete a return to duty process, this may lead to disciplinary action up to and including termination.