300-62
DRUG AND ALCOHOL TESTING PROGRAM FOR DRIVERS OF COMMERCIAL MOTOR VEHICLES

Department: HUMAN RESOURCES & RISK MANAGEMENT

Effective Date:    01/02/97

Supersedes:    01/02/96

Staff Contact:    B. Nelson Glode

Approved by:    Jesse Tanner

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 in intrastate (within a state) travel for the City of Renton. (See sections 5.6 and 5.10.)

2.0 ORGANIZATIONS AFFECTED:

Maintenance Services Division, Planning/Building/Public Works Department

Recreation Division, Community Services Department

Parks Division, Community Services Department (one person)

Fire Department (one person)

3.0 REFERENCES:

Omnibus Transportation Employee Testing Act of 1991

WAC 296-24-073

Local 21-R Labor Agreement

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.

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 DOT rules, using an Evidential Breath Testing 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, 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 evidential breath testing 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 which require the motor vehicle to be placarded under the Hazardous Materials Regulations (149) CFR 172, subpart F.

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 an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety Administration (NHTSA) Conforming Products List (CPL), and must be capable of printing out each test result and air blank, and must sequentially number each test.

5.7.2    For controlled substances testing, a confirmation test means a second analytical procedure to identify the presence of a specific drug metabolite which is independent of the screen test and which 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 the U.S. Department of Transportation 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 employees, 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 includes driving a commercial motor vehicle.

5.11    Evidential Breath Testing (EBT) Device: A device approved by the NHTSA and placed on NHTSA's conforming products list and is used for evidential testing of breath.

5.12    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.

5.13    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 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.

5.14    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.

5.15    Post-Accident Test: An alcohol and/or drug test administered to a driver following an accident involving a commercial motor vehicle.

5.16    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.

5.17    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.

5.17.1    Reporting for duty or remaining on duty and performing safety-sensitive functions while having an alcohol concentration of 0.04 or greater.

5.17.2    Possession of alcohol while on duty or operating a commercial motor vehicle.

5.17.3    Use of alcohol while performing safety-sensitive functions, including alcohol which may be in medications.

5.17.4    Performing safety-sensitive functions within four hours after having used alcohol.

5.17.5    Use of alcohol within eight hours following an accident or before undergoing a post-accident alcohol test, whichever occurs first.

5.17.6    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.

5.17.7    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 policy.

5.17.8    Reporting for duty, remaining on duty, or performing safety-sensitive functions while under the influence of a controlled substance.

5.18    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.

5.19    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.

5.20    Refusal to Submit to an Alcohol or Controlled Substances Test Means:

5.20.1    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.

5.20.2    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.

5.20.3    A driver engages in conduct that clearly obstructs the testing process.

5.20.4    A driver fails to be readily available for any City-ordered drug or alcohol test.

5.21    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.

5.22    Safety-Sensitive Functions: 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.

5.22.1    When a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work and all responsibility for performing work.

5.22.2    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.

5.22.3    When a driver inspects equipment, services or conditions of any motor vehicle at any time.

5.22.4    During all "driving time" meaning all time spent at the driving controls of a motor vehicle in operation.

5.22.5    During all times, other than driving time, in or upon any motor vehicle.

5.22.6    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.

5.22.7    During time spent performing the driver requirements and during time relating to accidents.

5.22.8    During time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle.

5.23    Screening Test (Initial Test):

5.23.1    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.

5.23.2    In controlled substances testing, a screening test means an immunoassay screen (or other DHHS-approved test) to eliminate "negative" urine specimens from further consideration.

5.24    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.

5.25    Supervisor: Any City director, manager, supervisor, lead worker, or coordinator with supervisory responsibilities over other City employees.

5.26    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 PROCEDURE:

6.1    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.

6.1.1    Pre-Employment Testing. Pre-employment testing is conducted to ensure that no person is newly 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:

6.1.1.1    Applicants selected for hire into a position which requires driving a commercial motor vehicle.

6.1.1.2    Current City employees who are newly selected for 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.

6.1.2    Each job flyer, advertisement or other recruiting notice published and/or distributed for a position which includes driving a CMV shall include notice that a pre-employment drug and alcohol tests will be administered to each person offered employment for such a position.

6.1.3    Job offers to a person selected to fill a position which involves driving a CMV shall include information that:

6.1.3.1    the offer is conditional pending completion of a drug and alcohol test and the receipt of negative test results;

6.1.3.2    refusal to participate in the testing will be disqualifying and will cancel the conditional offer of employment;

6.1.3.3    the testing will be conducted by a contractor selected by the City and results will be reviewed by medical professionals;

6.1.3.4    the individual must report to a specified test collection facility within 12 hours of receiving the offer; and

6.1.3.5    a valid driver's license must be presented at the test site for identification.

6.1.4    During the hiring process, applicants will be asked to read and sign a Pre-Employment Drug and Alcohol Test Consent Form.

6.1.5    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.

6.1.6    Transportation to the testing site and the time required for the test will be the responsibility of the applicant; no compensation or reimbursement will be provided by the City for the testing.

6.1.7    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:

6.1.7.1    positive test for drugs or alcohol;

6.1.7.2    refusal to submit to a pre-employment drug or alcohol test;

6.1.7.3    failure to appear for a drug or alcohol test within 12 hours after receiving a conditional offer of employment. (DOT regulations mandate that documentation of the applicant's involvement in a vehicle accident or a genuine medical emergency are the only explanations that are sufficient to excuse an applicant's failure to appear within the 12 hour time period.)

6.1.8    Current City employees who are candidates for promotion, transfer or reassignment for the first time to a position which involves driving a commercial motor vehicle will be subject to the same procedure and the same consequences for failure to comply with testing requirements.

6.1.9    If the test 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.

6.2    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.

6.2.1    Selection Process.

6.2.1.1    Each year at least 50% of the average total number of commercial drivers will be randomly selected to take a drug test and at least 25% of the average total number of commercial drivers will be randomly selected to take an alcohol test.

6.2.1.2    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 method which will ensure that covered employees have an equal chance of being selected. The number of employees tested will vary throughout the year.

6.2.1.3    Human Resources will notify the division directors when employees in their division are selected for a drug and/or alcohol test.

6.2.1.4    If an employee is on leave or otherwise absent from his/her job, the employee's name will be put back in the pool. The employee's supervisor must prepare written documentation explaining the reason any commercial driver is unavailable for a random test. This process will continue until all employees on a list are sent for testing or put back in the pool. The second time in one year an employee is unavailable for testing, the employee's name will be held for testing upon return to work.

6.2.1.5    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 which shows a negative result before they are permitted to perform safety-sensitive functions.

6.2.2    Notification of Employees:

6.2.2.1    Employees selected to take a random drug or alcohol test will receive a 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.

6.2.2.2    Drug and/or alcohol testing must occur within two hours after employees are notified of their selection. City departments will coordinate scheduling and transportation arrangements for their employees selected to take random drug or alcohol tests.

6.2.2.3    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    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.

6.3.1    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 City has the right to order drivers to submit to alcohol and drug testing if they are involved in any workplace accident in which the driver's condition might have played a role.

6.3.2    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). Federal law provides that employees suspected of violating these procedures may be required to submit to a medical examination/evaluation in conjunction with their drug and/or alcohol tests.

6.3.3    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 violation of this policy, including but not limited to the following actions.

6.3.3.1    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.

6.3.3.2    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.

6.3.3.3    The supervisor will take steps to secure any area in which 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.

6.3.3.4    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.).

6.3.3.5    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.

6.3.3.6    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.

6.3.4    Test Scheduling and Transportation Arrangements: The supervisor should call the program manager or designee in the Human Resources & Risk Management Department and request the designated medical staff at the City’s contractor's facility to inform them that a City employee will be brought in for an impaired behavior examination and a reasonable suspicion drug and/or alcohol test. The supervisor will make arrangements to transport the suspected employee to the medical facility. Under no circumstances will the suspected employee be permitted to drive.

6.4    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 which results in a fatality or when law enforcement officials indicate a traffic citation will be issued to a City driver as a result of the accident. (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.)

6.4.1    Procedures:

6.4.1.1    As soon as practicable following an accident the City will require the following employees to submit to drug and alcohol testing:

6.4.1.1.1    surviving drivers who were driving a commercial motor vehicle or other City vehicle involved in an accident; and/or

6.4.1.1.2    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.

6.4.1.2    Drug and/or alcohol tests ordered by law enforcement officials may be obtained by the City and used for the purposes of the regulation.

6.4.2    Supervisor Responsibilities: To implement this section, supervisors must:

6.4.2.1    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;

6.4.2.2    after an accident occurs, arrange for required tests, if not already initiated by law enforcement officials;

6.4.2.3    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.

6.4.2.4    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.

6.4.2.5    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.

6.4.2.6    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.

6.4.2.7    Remove the employee from safety-sensitive duties until negative test results are received.

6.4.3    Driver Responsibilities:

6.4.3.1    As soon as possible, drivers must notify their supervisors after any accident or mishap that involves injuries or property damage.

6.4.3.2    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.)

6.4.3.3    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.

6.5    Consequences of Refusal to Submit to City-Order Drug and/or Alcohol Testing: The phrase "refusal to submit" to an alcohol or controlled substances test means:

6.5.1    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.

6.5.2    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.

6.5.3    A driver engages in conduct that clearly obstructs the testing process.

6.5.4    A driver fails to be readily available for any City-ordered drug or alcohol test.

6.5.5    Any refusal to submit to testing constitutes insubordination and will subject an employee to discipline, up to and including termination from City employment. At a minimum, any refusal to submit will subject an employee to the same procedures outlined in section 6.8 regarding consequences of engaging in a prohibited behavior.

6.6    Notification of Results and Verification Process:

6.6.1    Reporting Negative Test Results: As soon as possible the Medical Review Officer (MRO) will provide individual notices reflecting negative drug or alcohol test results to the Administrator, Human Resources & Risk Management (program manager) or designee. The information will be promptly communicated to affected employees and their division head.

6.6.2    Reporting Positive Drug Test Results:

6.6.2.1    After reviewing test results, the MRO will attempt to contact affected employees to advise them of the positive test results.

6.6.2.2    If the employee cannot be reached, the MRO will contact the program manager who will attempt to contact the employee to direct them to contact the MRO as soon as possible, before performing safety-sensitive duties, and no later than 24 hours from such contact. If the program manager 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.

6.6.2.3    If the MRO does not hear from an employee within 5 days after requesting the program manager'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.

6.6.2.4    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 program manager. This reporting will not be delayed pending split specimen analysis. In addition, the MRO will refer the employee to the City's EAP.

6.6.2.5    The program manager 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.

6.6.3    Request to Test a Split Specimen

6.6.3.1    The MRO will 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.

6.6.3.2    If requested, the MRO will direct the laboratory to send the specimen to another laboratory for analysis.

6.6.3.3    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.

6.6.3.4    If the split specimen in unavailable or inadequate for testing, the MRO will cancel the test and report the cancellation and reasons therefor to the DOT, the program manager 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.

6.7    Reporting Positive Alcohol Test Results

The Breath Alcohol Technician (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 program manager of the test result. Employees who have tested positive will not be permitted to drive. The supervisor, program manager or designee will assist in making transportation arrangements for those employees.

6.8    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.

6.8.1    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.

6.8.2    The Employee Assistance Program 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 programs.

6.8.3    The employee must obtain an evaluation by a Substance Abuse Professional (SAP) 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 program manager.

6.8.4    If an employee is found to be chemically dependent, and wishes to maintain employment with the City, he or she must enter and complete the recommended inpatient or outpatient treatment program. A summary of the treatment outcome and recommendations for follow-up are to be forwarded to the SAP at the time of discharge.

6.8.4.1    The employee must enroll in and complete a bonafide after care program following completion of the treatment program. Any progress reports are to be forwarded to the SAP.

6.8.4.2    The employee must attend all meetings required by the aftercare program and/or chemical dependency counselor.

6.8.5    If the employee is found not to be chemically dependent and a rehabilitation program is not required, he/she must comply with all recommendations by the SAP for educational programs and/or counseling.

6.8.6    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 to the SAP. The test may be an observed collection. This test must be negative to continue with returning to work.

6.8.7    The SAP will then review the original assessment, the summary of any treatment program and the drug/alcohol 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.

6.8.8    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 program manager. 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 the City and DOT regulations. (Note: State or federal officials may suspend or confiscate an employee's commercial driver's license 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.)

6.8.9    At the 12 month interval after returning to work, the employee will return to the SAP for a reassessment (the original assessing SAP is preferred) with an interval report summary to be sent to the program manager. Results of this assessment will help determine how long to continue individual random testing.

6.8.10    Payment for evaluation and treatment is to 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.

6.9    Employee Expectations

6.9.1    As a condition of employment, drivers are expected to perform their duties in a manner consistent with the City's Drug and Alcohol Testing Policy for Drivers of Commercial Motor Vehicles 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.

6.9.2    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.

6.9.3    Appear for a random drug and/or alcohol test immediately or within a maximum of 2 hours following notification to appear for such test(s).

6.9.4    Submit to any alcohol or drug test ordered by the City; sign a Drug/Alcohol Testing Consent Form; provide a breath and/or unadulterated urine sample; and test negative for the presence of alcohol or drugs.

6.9.5    Remain alcohol free for 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.

6.9.6    Not manufacture, distribute, dispense, possess, or use controlled substances in the workplace.

6.9.7    Notify the division head within five days of any criminal drug convictions.

6.9.8    Inform the City of a physician's recommendation, possibly in writing, that therapeutic drug use will not adversely affect their ability to safely drive a commercial motor vehicle.

6.9.9    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    Supervisor Expectations and Responsibilities

6.10.1    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.

6.10.2    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.

6.10.3    Investigate any potentially credible reports of prohibited behaviors.

6.10.4    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. Use the Supervisor’s Reasonable Suspicion Checklist and Supervisory Documentation Report Form for documenting the behaviors, appearance, speech, or body odors which led to your reasonable suspicion.

6.10.5    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.

6.10.6    Investigate vehicle accidents, documenting date/time of accident and date/time of drug/alcohol testing.

6.10.7    For reasonable suspicion or post-accident testing:

6.10.7.1    Transport the employee to the test site;

6.10.7.2    Provide the employee with the consent form for signature;

6.10.7.3    Obtain the results of the alcohol breath test at the test site.

6.10.7.4    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.

6.10.8    Remove drivers from performing safety-sensitive duties when required by the plan/program. Removal may be temporary pending the final outcome.

6.10.9    Preserve the confidentiality of positive test results and disciplinary and other actions taken involving employees under their supervision.

6.10.10    Supervisors required to have a CDL are subject to the drug and alcohol testing requirement and are required to meet all of the expectations listed for employees.

6.10.11    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.

6.10.12    Carry out other supervisory or managerial duties and responsibilities included in the Drug and Alcohol Testing program.

6.11    Human Resources & Risk Management Responsibilities

6.11.1    Act as program manager by coordinating with the City’s contractor and, after consultation with division heads, arranging regularly scheduled drug and alcohol testing such as pre-employment, random and reasonable suspicion tests.

6.11.2    Provide Occupational Health Services/Valley Medical Center with current information on the names and social security numbers of employees in the testing pool.

6.11.3    Receive negative and positive test results from the MRO and provide that information to the affected employees and, as necessary, to the division head.

6.11.4    Ensure that all current drivers and newly appointed drivers are provided the information required by the regulations and the City’s drug and alcohol testing program and that they receive a copy of this Policy & Procedure.

6.11.5    Ensure all drivers are provided with post-accident procedures including information on the requirements of the program for post-accident drug and alcohol testing and the prohibition from drinking within 8 hours of an accident or before drug/alcohol tests, whichever occurs first.

6.11.6    Carefully instruct employees on what they are to do.

6.11.6.1    Report as directed to a test sight for random drug and/or alcohol test.

6.11.6.2    Be transported to a facility for reasonable suspicion or post-accident drug or alcohol test.

6.11.6.3    Sign the applicable Drug/Alcohol Testing Consent Form.

6.11.7    Notify an employee of the consequences of refusing to submit to a drug/alcohol test as required.

6.11.8    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.

6.11.9    Arrange for and schedule, with the assistance of the division heads, formal supervisory training and employee orientation as necessary.

6.11.10    Preserve the confidentiality of positive test results and disciplinary and other actions taken involving employees required to participate in the drug and alcohol testing program.

6.11.11    Carry out other managerial duties and responsibilities included in the Drug and Alcohol Testing program.

6.12    Division Head and/or Manager Responsibilities

6.12.1    Receive random test notices from the Human Resources & Risk Management Department and inform the employees selected of the testing time and place. Inform them that testing must take place within two hours of receipt of their notices.

6.12.2    Make transportation arrangements for employees, if necessary.

6.12.3    Preserve the confidentiality of employee names selected for random testing and other testing.

6.12.4    Preserve the confidentiality of positive test results and disciplinary and other actions taken involving employees under their direction.

6.12.5    Carry out other supervisory or managerial duties as responsibilities included in the Drug and Alcohol Testing program.