Employee Handbook

Section 8 — Safety and Wellness

Testing Program for Individuals Required to Posses a Commercial Drivers License (CDL) by the City.

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 “controlled 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 City vehicles regulated under this policy 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. 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 policies pertain to employees holding a CDL as required by City policy, and whose duties include the performance of Safety-Sensitive Functions in connection with the operation of a commercial vehicle as identified by the City. 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 per City policy, this generally means all hours of work.
   2. Operating a Commercial Vehicle as identified by the City.
   3. Performing maintenance, or loading or unloading a Commercial Vehicle as identified by the City.

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 0.04 or greater.
   2. Be on duty or operate a commercial motor vehicle as identified by the City 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) by City policy (Non-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 Drug, Controlled Substance, prescription Drug, or Alcohol.
  • Post-Workplace Accident – After a Workplace accident if there is an injury to a person or if there is damage to property in excess of one thousand dollars.
  • Random Drug and Alcohol Testing
  • Follow-Up Testing/Return-To-Work Testing – When an employee returns to work after a violation of this policy.
  • 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 possess a valid Commercial Drivers License (CDL) per City policy 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 per City policy 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)       Alcohol test results of .04 or greater;

2)       Positive Drug test results

3)       Refusals to be tested

4)       Other violations of the City’s 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 a Drug, or is using Alcohol in a prohibited manner, 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 supervisor observing the behavior will make a written record of the observations leading to the Drug or Alcohol test within 24 hours of the observations. 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.  

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.

The decision to test must be based on specific contemporaneous, describable observations concerning the appearance, behavior, speech or body odors of the employee. Employees may be subject to testing when there is reason to believe that an employee is using or has used Alcohol or other 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. For purposes of this provision, facts and inferences may be based upon, but are not limited to, any of the following:

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.

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 Medical Review Officer (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 .04 or more or a MRO-verified positive test for the use of Controlled Substance, then the period of suspension will be without pay.

Post-Workplace Accident Testing

At the discretion of the Department Director, employees may be subject to Alcohol and Drug testing where there is an accident resulting in a personal injury or property damage in excess of $1,000. The Director/Supervisor is required to report to the City Manager/Human Resources Director as promptly as possible.

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 required identification.

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. 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 and will subject the employee to disciplinary action, up to and including, discharge.

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

For all employees that are required to hold a CDL per City policy, 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.