Chapter 4.130
DRUG-FREE WORKPLACE POLICY APPLICABILITY FOR COMMERCIAL DRIVERS

Sections:

4.130.010    Purpose and goal.

4.130.020    Drug-free workplace.

4.130.030    Employer responsibility.

4.130.040    Employee alcohol and controlled substances testing.

4.130.050    Definitions.

4.130.060    Applicability.

4.130.070    Prohibitions.

4.130.080    Requirement for notice.

4.130.090    Required tests.

4.130.100    Post-accident testing.

4.130.110    Random testing.

4.130.120    Substance abuse professionals.

4.130.130    Follow-up testing.

4.130.140    City notification obligations.

4.130.150    Testing procedures.

4.130.160    Employee refusal to submit to a required alcohol or controlled substance test.

4.130.170    Positive test.

4.130.180    Access to test results.

4.130.190    Records retention.

4.130.200    Training for supervisors.

4.130.210    Employee admission of alcohol and controlled substances use.

4.130.010 Purpose and goal.

The city of Palmer is committed to protecting the safety, health and well-being of all employees and other individuals in our workplace. It is recognized that alcohol abuse and drug use pose a significant threat to city goals. The city of Palmer has established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug-free environment. The city encourages employees to voluntarily seek help with drug and alcohol problems. (Ord. 12-001 § 3, 2013)

4.130.020 Drug-free workplace.

A. The city prohibits the unlawful manufacture, distribution, dispensing, possession, or use by an employee of a controlled substance as defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812), and as further defined by policy at 21 CFR 1308.111308.15 is prohibited in any workplace of the city.

B. All employees will abide by the terms of this policy as a condition of their employment and will notify the city of any criminal drug statute conviction for a violation occurring in the workplace no later than five working days after the conviction. Within two business days of receiving the notice of conviction, the city will take appropriate personnel action against the employee as prescribed by this title, up to and including termination.

C. The city must provide a statement to notify employees of this policy and to establish a drug-free awareness program to inform employees about: the dangers of drug abuse in the workplace; the city’s policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

D. Each employee will be provided a copy of this chapter. (Ord. 12-001 § 3, 2013)

4.130.030 Employer responsibility.

The following steps will be taken to provide a drug-free workplace.

A. The city will publish a statement notifying employees that the violation of such prohibition will subject them to appropriate disciplinary action.

B. The city will establish a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The city’s policy of maintaining a drug-free workplace;

3. The availability of drug counseling and rehabilitation programs;

4. The penalties that the city may impose for drug abuse violations occurring in the workplace.

C. As a condition of employment, each employee shall abide by the terms of the city’s drug-free workplace policy.

D. The city will take disciplinary action up to and including termination against an employee who violates this title.

E. Violations of this title which are also violations of federal or state law may be referred to the appropriate agencies. In such situations, cases may proceed concurrently at the city and in the criminal justice system.

F. As a condition of employment, each employee shall notify the human resources office in writing of any conviction for a violation of a criminal drug statute no later than two business days after such conviction.

1. Within five calendar days after the city learns of a conviction, the city shall initiate personnel action as prescribed in subsection (D) of this section. (Ord. 12-001 § 3, 2013)

4.130.040 Employee alcohol and controlled substances testing.

A. The city will at a minimum provide for the establishment of alcohol and controlled substances testing programs as required by law; the imposition of penalties on employees when tests exceed allowable levels; compliance with reporting and record keeping requirements; dissemination to affected employees of educational materials explaining the legal requirements, this policy; and provide for appropriate staff and supervisor training.

B. All employees subject to laws mandating alcohol and controlled substances testing will comply with such laws and this policy as a condition of their employment. (Ord. 12-001 § 3, 2013)

4.130.050 Definitions.

For purposes of this chapter, the following definitions apply:

A. “Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.

B. “Alcohol use” means the drinking or swallowing of any beverage, liquid mixture, or preparation, including any medication, containing alcohol.

C. “Alcohol concentration” (or content) is the alcohol in a volume of breath or blood.

D. “Commerce” means:

1. Any trade, traffic or transportation within the jurisdiction of the United States between a place in a state and a place outside of such state, including a place outside of the United States; and

2. Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subsection (D)(1) of this section.

E. “Commercial motor vehicle” or “CMV” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

1. Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or

2. Has a gross vehicle weight rating of 26,001 or more pounds; or

3. Is designed to transport 16 or more passengers, including the driver; or

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 (49 USC 5103(b)) and which require the motor vehicle to be placarded under hazardous materials regulations (49 CFR part 172, subpart F).

F. “Confirmation (or confirmatory) drug test” means a second analytical procedure performed on a urine specimen to identify and quantify the presence of a specific drug or metabolite.

G. “Confirmation (or confirmatory) validity test” means a second test performed on a urine specimen to further support a validity test result.

H. “Confirmed drug test” means a confirmation test result received by a medical review officer (MRO) from a laboratory.

I. “Consortium/third party administrator (C/TPA)” means a service agent that provides or coordinates one or more drug and/or alcohol testing services to the city. C/TPAs typically provide or coordinate the provision of a number of such services and perform administrative tasks concerning the operation of the employers’ drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the city’s drug and alcohol testing programs of its members (e.g., having a combined random testing pool). C/TPAs are not “employers” for purposes of this chapter.

J. “Controlled substance” includes, but is not limited to, marijuana, cocaine, opiates, amphetamines and phencyclidine.

K. “Designated employer representative (DER)” is an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate actions to remove employees from their duties and to make required decisions in the testing and appraisal processes.

L. “Disabling damage” means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.

1. Inclusions. Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.

2. Exclusions.

a. Damage which can be remedied temporarily at the scene of the accident without special tools or parts.

b. Tire disablement without other damage even if no spare tire is available.

c. Headlight or taillight damage.

d. Damage to turn signals, horn, or windshield wipers which make them inoperative.

M. “DOT agency” means an agency (or “operating administration”) of the United States Department of Transportation administering regulations requiring alcohol and/or drug testing. 49 CFR part 382 in accordance with part 40 is applicable to the city.

N. “Driver” means any person who operates a commercial motor vehicle. This includes, but is not limited to: full-time, part-time, seasonal, temporary, on call drivers, leased drivers and independent owner-operator contractors.

O. “Licensed medical practitioner” means a person who is licensed, certified, or registered, in accordance with applicable federal, state, local, or foreign laws and regulations, to prescribe controlled substances and other drugs.

P. “Medical review officer (MRO)” is a person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by the city’s drug testing program and evaluating medical explanations for certain drug test results.

Q. 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.

R. “Positive rate for random drug testing” means the number of verified positive results for random drug tests conducted under this chapter plus the number of refusals of random drug tests required by this chapter, divided by the total number of random drug test results (i.e., positives, negatives, and refusals).

S. “Refuse to submit (to an alcohol or controlled substances test)” means that a driver:

1. Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the city consistent with applicable DOT agency regulations, after being directed to do so by the city. This includes the failure of an employee to appear for a test when called by a C/TPA;

2. Fails to remain at the testing site until the testing process is complete; provided, that an employee who leaves the testing site before the testing process commences a pre-employment test is not deemed to have refused to test;

3. Fails to provide a urine specimen for any drug test required by this policy or DOT agency regulations; provided, that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test;

4. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver’s provision of a specimen;

5. Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;

6. Fails or declines to take a second test the employer or collector has directed the driver to take;

7. Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment;

8.  Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process); or

9. Is reported by the MRO as having a verified adulterated or substituted test result.

T. “Safety-sensitive function” means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:

1. All time at an employer 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 employer.

2. All time inspecting equipment as required by DOT regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time.

3. All time spent at the driving controls of a commercial motor vehicle in operation.

4. All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth as “sleeper berth” is defined by DOT regulations.

5. All time loading or unloading a vehicle, supervising, or assisting in 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.

6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled CMV.

U. “Screening test (or initial test)” means:

1. In drug testing, a test to eliminate “negative” urine specimens from further analysis or to identify a specimen that requires additional testing for the presence of drugs.

2. In alcohol testing, an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath, saliva, or blood specimen.

V. “Stand-down” means the practice of temporarily removing an employee from the performance of his or her job duties based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test results.

W. “Substance abuse professional” means a licensed physician or a licensed or certified psychologist, social worker, employee assistance professional, a state-licensed or certified marriage and family therapist or drug and alcohol counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC)) or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC); or by the National Board for Certified Counselors, Inc., and Affiliates/Master Addictions Counselor (NBCC) with knowledge about and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

X. “Violation rate” for random alcohol testing means the number of 0.02 and above random alcohol confirmation test results conducted under this chapter plus the number of refusals of random alcohol tests required by this chapter, divided by the total number of random alcohol screening tests (including refusals). (Ord. 12-001 § 3, 2013)

4.130.060 Applicability.

This policy applies to all city employees who are required to hold a commercial driver’s license as a function of their city employment. (Ord. 12-001 § 3, 2013)

4.130.070 Prohibitions.

A. A driver shall not:

1. 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. Use alcohol while performing safety-sensitive functions.

3. Perform safety-sensitive functions within four hours after using alcohol. The city, having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.

4. Use alcohol on the job, including during breaks or meals.

5. Possess alcohol on the job, including during breaks or meals.

6. Use alcohol for eight hours following an accident, or until the driver undergoes a required post-accident alcohol test, whichever occurs first.

7. Refuse to submit to a pre-employment controlled substance test required under DOT, post-accident alcohol or controlled substances test required under DOT, a random alcohol or controlled substances test required under DOT, a reasonable suspicion alcohol or controlled substances test required under DOT, or a follow-up alcohol or controlled substances test required under DOT. The city shall not permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.

8. Report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any drug or substance, identified in 21 CFR 1308.11 Schedule I.

9. Report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any non-Schedule I drug or substance that is identified in the other schedules in 21 CFR 1308 except when the use is a licensed medical practitioner, as defined in this policy, who is familiar with the driver’s medical history and has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.

10. Report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.

B. An employer having knowledge that a driver has an alcohol concentration of 0.04 or greater shall not permit the driver to perform or continue to perform safety-sensitive functions.

C. An employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall not permit the driver to perform or continue to perform safety-sensitive functions.

D. A supervisor or city official having actual knowledge that a driver has used a controlled substance shall not permit the driver to perform or continue to perform a safety-sensitive function.

E. The city shall require a driver to inform the employer of any therapeutic drug use.

F. If an employee engages in the conduct described above, the employee is considered to have engaged in prohibited conduct, is immediately disqualified from performing a safety-sensitive function, including operating a commercial motor vehicle, and is subject to disciplinary action as set forth in this title. (Ord. 12-001 § 3, 2013)

4.130.080 Requirement for notice.

Before performing each alcohol or controlled substances test under this title, the city shall notify a driver that the alcohol or controlled substances test is required by DOT. The city shall not falsely represent that a test is administered under DOT. (Ord. 12-001 § 3, 2013)

4.130.090 Required tests.

A. Pre-Employment Testing.

1. For the purposes of pre-employment testing only, an employee includes applicants and current employees selected for employment in such a position or an employee who has been out of the random pool for a period of 90 days or longer.

a. Prior to the first time a driver performs safety-sensitive functions for the city, the driver shall undergo testing for controlled substances as a condition prior to being used.

b. No driver will be allowed to perform safety-sensitive functions unless the employee has received a controlled substances test result from the medical review officer (MRO) or consortium/third party administrator (C/TPA) indicating a verified negative test result for that driver.

2. The applicable designated employer representative (DER) will obtain, pursuant to a driver’s consent, information on the employee’s alcohol tests with a concentration result of 0.04 or greater, positive controlled substances test results, and refusals to be tested, within the preceding two years, which are maintained by the employee’s previous employers.

a. This information must be obtained and reviewed by the applicable DER no later than 14 calendar days after the first time a driver performs safety-sensitive functions for the city, if it is not feasible to obtain the information prior to the driver performing safety-sensitive functions.

b. A driver will not be allowed to perform safety-sensitive functions more than 14 days without obtaining the information.

3. A driver will not be allowed to perform safety-sensitive functions if the city obtains information showing an alcohol test with a concentration of 0.04 or greater, or a verified positive controlled substances test result, or refusal to be tested, unless the applicable DER obtains information on the driver’s subsequent substance abuse professional evaluation and associated successful return-to-duty testing.

B. Reasonable Suspicion Testing.

1. The city shall require a driver to submit to an alcohol test when the city believes the driver has violated the prohibitions of this policy concerning alcohol.

a. The city’s determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

2. The city shall require a driver to submit to a controlled substances test when the city has reasonable suspicion to believe that the driver has violated the prohibitions of this policy concerning controlled substances.

a. The city’s determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

b. The observations may include indications of the chronic and withdrawal effects of controlled substances.

3. The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or city official who is trained in accordance with this policy. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver.

4. Alcohol testing is authorized by this section only if the observations required by this title are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance.

a. A driver may be directed by the employer to only undergo reasonable suspicion testing while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.

5. Tests Not Administered.

a. If an alcohol test required by this title is not administered within two hours following the reasonable suspicion determination, the city shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered.

b. If the alcohol test required by this policy is not administered within eight hours following the reasonable suspicion determination, the city shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test.

c. The report(s) shall be forwarded to the applicable DER.

C. Notwithstanding the absence of a reasonable suspicion alcohol test under this policy, no driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the city permit the driver to perform or continue to perform safety-sensitive functions, until:

1. An alcohol test is administered and the driver’s alcohol concentration measures less than 0.02; or

2. Twenty-four hours have elapsed following the determination that there is reasonable suspicion to believe that the driver has violated the prohibitions concerning the use of alcohol.

D. Except as provided in this title, the city shall not take any action against a driver based solely on the driver’s behavior and appearance, with respect to alcohol use, in the absence of an alcohol test.

E. A written record shall be made of the observations leading to an alcohol or controlled substance reasonable suspicion test, and signed by the supervisor or city official who made the observation, within 24 hours of the observed behavior or before the results of the controlled substance tests are released, whichever is earlier. (Ord. 12-001 § 3, 2013)

4.130.100 Post-accident testing.

A. Post-Accident Testing – Alcohol. As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, the city shall test for alcohol for each surviving driver:

1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or

2. Who receives a citation within eight hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved:

a. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

b. One or more motor vehicles incurring disabling damage 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.

B. Post-Accident Testing – Controlled Substances. As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, the city shall test for controlled substances for each of its surviving drivers:

1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or

2. Who receives a citation within 32 hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved:

a. Bodily injury to any person who, as a result of the injury immediately receives medical treatment away from the scene of the accident; or

b. One or more motor vehicles incurring disabling damage 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.

C. The following table notes when a post-accident test is required to be conducted by subsections (A) and (B) of this section:

Type of Accident Involved

Citation Issued to the CMV Driver

Test Must Be Performed by Employer

Human fatality

YES

YES

 

NO

YES

Bodily injury with immediate medical treatment away from the scene

YES

YES

NO

NO

Disabling damage to any motor vehicle requiring tow away

YES

YES

NO

NO

D. Tests Not Administered – Alcohol.

1. If an alcohol test is not administered within two hours following the accident, the city shall prepare and maintain on file a record stating the reasons the test was not promptly administered.

2. If an alcohol test is not administered within eight hours following the accident, the city shall cease attempts to administer an alcohol test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered.

3. Records shall be submitted to FMCSA upon request.

E. Tests Not Administered – Controlled Substance.

1. If a controlled substance test is not administered within 32 hours following the accident, the city shall cease attempts to administer a controlled substance test and prepare and maintain on file a record stating the reasons the test was not promptly administered.

2. Records shall be submitted to the FMCSA upon request.

F. A driver who is subject to post-accident testing shall remain readily available for such testing, or may be deemed by the city to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.

G. The city shall provide drivers with necessary post-accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section.

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

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

H. Exception. This section does not apply to an occurrence:

1. Involving only boarding or alighting from a stationary motor vehicle; or

2. Involving only the loading or unloading of cargo; or

3. In the course of the operation of a passenger car or a multipurpose passenger vehicle by the city unless the motor vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked. (Ord. 12-001 § 3, 2013)

4.130.110 Random testing.

A. Every driver shall submit to random alcohol and controlled substance testing as required in this section.

B. The random testing of drivers will be unannounced, spread reasonably throughout the year, and will be conducted to assure that all drivers have an equal chance of being tested.

C. The drivers to be tested will be randomly selected using a scientifically valid method.

D. The minimum annual percentage rate for random alcohol testing shall be 10 percent of the average number of driver positions.

E. The minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions or such other rate as may be set annually by the Federal Motor Carrier Safety Administration.

1. The selection of drivers for random alcohol and controlled substances testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with drivers’ Social Security numbers, payroll identification numbers, or other comparable identifying numbers.

2. Each driver selected for random alcohol and controlled substances testing under the selection process used shall have an equal chance of being tested each time selections are made.

3. Each driver selected for testing shall be tested during the selection period.

4. The city shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced.

5. The city shall ensure that the dates for administering random alcohol and controlled substances tests conducted under this part are spread reasonably throughout the calendar year.

6. The city shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification, the employer shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.

7. A driver shall only be tested for alcohol while the driver is performing a safety-sensitive function, just before the driver is to perform a safety-sensitive function, or just after the driver has ceased performing such function. (Ord. 12-001 § 3, 2013)

4.130.120 Substance abuse professionals.

A. The city will provide to each employee including an applicant or new employee who violates a DOT drug and alcohol policy a listing of substance abuse professionals (SAP) readily available to the employee with names, addresses, and phone numbers.

B. The city is not required to provide a substance abuse professional’s (SAP) evaluation or any subsequent recommended education or treatment for an employee who has violated a DOT drug and/or alcohol policy.

C. Payment for substance abuse professional’s (SAP) evaluations is the responsibility of the employee. The employee must undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 or, if the prohibited conduct involved a controlled substance, a return-to-duty controlled substance test with a result indicating a verified negative result for controlled substance use. (Ord. 12-001 § 3, 2013)

4.130.130 Follow-up testing.

For each employee who has committed a DOT drug or alcohol policy violation and who seeks to resume employment with safety sensitive functions, the city must establish a written follow-up testing plan.

A. The plan is established once the city has determined that the employee has successfully complied with a substance abuse professional’s (SAP) recommendation for education and/or treatment. The substance abuse professional (SAP) must provide a copy of the written plan to the DER.

B. Following a determination by a substance abuse professional that an employee is in need of assistance in resolving problems associated with alcohol misuse or use of controlled substances, the employee is subject to unannounced follow-up alcohol or controlled substance testing.

C. The number and frequency of the tests will be determined by the substance abuse professional, but will at a minimum consist of at least six unannounced follow-up tests in the first 12 months of safety-sensitive duty following the employee’s return to safety-sensitive functions.

D. The employer shall establish the specific dates for testing. The unannounced follow-up testing may continue for up to five years. (Ord. 12-001 § 3, 2013)

4.130.140 City notification obligations.

A. The DER will:

1. Notify a driver of the results of a pre-employment controlled substance test conducted under this title, if the driver requests such results within 60 calendar days of being notified of the disposition of the employment application;

2. Notify a driver of the results of random, reasonable suspicion and post-accident tests for controlled substances conducted under this title if the test results are verified positive;

3. Make reasonable efforts to contact and request each driver who submitted a specimen under the city’s program, regardless of the driver’s employment status;

4. Contact and discuss the results of the controlled substances test with a medical review officer when the medical review officer has been unable to contact the driver;

5. Immediately notify the medical review officer that the driver has been notified to contact the medical review officer within 72 hours;

6. Request alcohol and controlled substances information from previous employers;

7. Ensure that each driver receives an educational material that explains the requirements of this title with respect to meeting these requirements. Drivers will acknowledge in writing receipt of such information;

8. Include detailed discussion of the following in the materials to be made available to drivers:

a. The identity of the person designated by the city to answer driver questions about the materials;

b. The categories of drivers who are subject to this title;

c. Sufficient information about the safety-sensitive functions performed by those drivers to make clear what period of the work day the driver is required to be in compliance with this policy;

d. Specific information concerning driver conduct that is prohibited by this policy;

9. Supply written notice to representatives of employee organizations of the availability of information;

10. Provide the circumstances under which a driver will be tested for alcohol and/or controlled substances under this chapter, including post-accident testing under this title;

11. Provide the procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver, including post-accident information, procedures and instructions required by this policy;

12. Provide the requirement that a driver submit to alcohol and controlled substances tests administered in accordance with this policy;

13. Provide an explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the consequences;

14. Provide the consequences for drivers found to have violated policy, including the requirement that the driver be removed immediately from safety-sensitive functions, and the procedures under this policy;

15. Provide the consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04;

16. Provide information concerning the effects of alcohol and controlled substances use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver’s or a co-worker’s); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management.

B. The human resources office shall ensure that each driver signs a statement certifying that he or she has received a copy of these materials described in this section. The human resources office will maintain the original of the signed certificate and provide a copy of the certificate to the driver. (Ord. 12-001 § 3, 2013)

4.130.150 Testing procedures.

The city shall ensure all alcohol or controlled substances testing conducted under this title complies with the procedures set forth in DOT regulations 49 CFR Part 40.

A. Alcohol.

1. Tests will be conducted under the guidance of a breath alcohol technician selected by the city and in accordance with DOT regulations at one or more designated testing sites.

2. The site(s) will afford privacy to the individual being tested. If the result of an initial test is an alcohol concentration of less than 0.02, no further testing is required and the results are transmitted to the DER in a confidential manner.

3. If the result of an initial test is an alcohol concentration of 0.02 or greater, a confirmation test will be performed within 20 minutes. The results of an initial test and the confirmation test are printed on the breath alcohol test forms, signed by both the breath alcohol technician and the driver, and transmitted to the applicable DER in a confidential manner.

4. A driver tested who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform or continue to perform safety-sensitive functions, including driving a commercial motor vehicle, nor shall the driver perform or continue to perform safety-sensitive functions, until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours following administration of the test.

B. Controlled Substances.

1. DOT regulations require testing for marijuana, cocaine, opiates, amphetamines and phencyclidine. Tests for these substances will be conducted under the guidance of the medical review officer selected by the city and in accordance with DOT regulations at one or more designated collection sites. Collection of urine samples will allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen. It is a violation of federal law and this policy to adulterate or dilute a specimen during the collection procedure.

2. Test results are given to the medical review officer for analyzing and reporting to the applicable DER. (Ord. 12-001 § 3, 2013)

4.130.160 Employee refusal to submit to a required alcohol or controlled substance test.

A. A driver shall not refuse to submit to a pre-employment controlled substance test, a post-accident required alcohol or controlled substance test, a random alcohol or controlled substance test, a reasonable suspicion alcohol or controlled substance test, a return-to-duty alcohol or controlled substance test, follow-up alcohol or controlled substance test.

B. The city shall not permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. The driver will be immediately removed from duty and such refusal will be treated as a positive test.

C. Failure to provide adequate breath for testing when required without a valid medical explanation, failure to remain available for post-accident testing, failure to provide adequate urine for testing without a valid medical explanation, engaging in conduct that obstructs the testing process, or failure to sign the alcohol testing form constitutes a refusal to submit to testing. (Ord. 12-001 § 3, 2013)

4.130.170 Positive test.

When a driver has engaged in prohibited conduct, the employee will be dismissed for cause or provided a last chance agreement at the sole discretion of the city. (Ord. 12-001 § 3, 2013)

4.130.180 Access to test results.

A driver is entitled, upon written request, to obtain copies of records pertaining to the employee’s alcohol or controlled substances test results. (Ord. 12-001 § 3, 2013)

4.130.190 Records retention.

The human resources office shall maintain records of alcohol misuse and controlled substances use prevention programs. The records shall be maintained in a secure location with controlled access:

A. Five-Year Record Retention.

1. Records of driver alcohol test results indicating an alcohol concentration of 0.02 or greater;

2. Records of driver verified positive controlled substance test results;

3. Documentation of refusals to take required alcohol and/or controlled substance tests;

4. Driver evaluations and referrals;

5. Calibration documentation;

6. Records related to the administration of the alcohol and controlled substances testing programs; and

7. A copy of each annual calendar year summary required by DOT regulations.

B. Two-Year Record Retention. Records related to the alcohol and controlled substances collection process.

C. One-Year Record Retention. Records of any negative and canceled controlled substance test results and alcohol test results with a concentration of less than 0.02.

D. Indefinite Record Retention. Records related to the education and training of breath alcohol technicians, screening test technicians, supervisors, and drivers shall be maintained by the city while the individual performs the functions which require the training and for two years after ceasing to perform those functions.

E. Types of Records. The following specific types of records shall be maintained. “Documents generated” are documents that may have to be prepared under a requirement of DOT regulations. If the record is required to be prepared, it must be maintained.

1. Records Related to the Collection Process.

a. Collection logbooks, if used;

b. Documents relating to the random selection process;

c. Calibration documentation for evidential breath testing devices;

d. Documentation of breath alcohol technician training;

e. Documents generated in connection with decisions to administer reasonable suspicion alcohol or controlled substances tests;

f. Documents generated in connection with decisions on post-accident tests;

g. Documents verifying existence of a medical explanation of the inability of a driver to provide adequate breath or to provide a urine specimen for testing; and

h. A copy of each annual calendar year summary as required by DOT regulations.

2. Records Related to a Driver’s Test Results.

a. The city’s copy of the alcohol test form, including the results of the test;

b. The city’s copy of the controlled substances test chain of custody and control form;

c. Documents sent by the MRO to the city, including those required by DOT regulations;

d. Documents related to the refusal of any driver to submit to an alcohol or controlled substances test required by this chapter;

e. Documents presented by a driver to dispute the result of an alcohol or controlled substances test administered;

f. Documents generated in connection with verifications of prior employers’ alcohol or controlled substances test results that the employer must obtain in connection with the exception contained in policy and must obtain as required by policy;

g. Records related to other violations;

h. Records related to evaluations;

i. Records pertaining to a determination by a substance abuse professional concerning a driver’s need for assistance; and

j. Records concerning a driver’s compliance with recommendations of the substance abuse professional.

3. Records Related to Education and Training.

a. Materials on alcohol misuse and controlled substance use awareness, including a copy of the city’s policy on alcohol misuse and controlled substance use;

b. Documentation of compliance with the requirements of DOT regulations, including the driver’s signed receipt of education materials;

c. Documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol or controlled substances testing based on reasonable suspicion;

d. Documentation of training for breath alcohol technicians as required; and

e. Certification that any training conducted complies with the DOT requirements for such training.

4. Administrative Records Related to Alcohol and Controlled Substances Testing.

a. Agreements with collection site facilities, laboratories, breath alcohol technicians, screening test technicians, medical review officers, consortia, and third party service providers;

b. Names and positions of officials and their role in the city’s alcohol and controlled substances testing program(s);

c. Semi-annual laboratory statistical summaries of urinalysis required by DOT; and

d. The city’s alcohol and controlled substances testing policy and procedures.

F. Location of Records.

1. All records required shall be maintained as required with DOT regulation and shall be made available for inspection at the city’s principal place of business within two business days after a request has been made by an authorized representative of the Federal Motor Carrier Safety Administration.

2. The human resources offices will be responsible for maintaining the additional records. (Ord. 12-001 § 3, 2013)

4.130.200 Training for supervisors.

A. The city shall ensure that all persons designated to supervise drivers will receive at least 60 minutes of training on alcohol misuse and an additional 60 minutes of training on controlled substances use.

B. This training will be used by the supervisors to determine whether reasonable suspicion exists to require employee driver to undergo testing.

C. The training shall include the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances; recurrent training is not required. (Ord. 12-001 § 3, 2013)

4.130.210 Employee admission of alcohol and controlled substances use.

A. Employees who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation and treatment requirements of this policy; provided, that:

1. The admission is in writing and in compliance with the city’s voluntary self-identification program;

2. The driver does not self-identify in order to avoid testing under the requirements of the program;

3. The driver makes the admission of alcohol misuse or controlled substances use prior to performing a safety sensitive function (i.e., prior to reporting for duty); and

4. The driver does not perform a safety-sensitive function until the city is satisfied that the employee has been evaluated and has successfully completed education or treatment requirements in accordance with the self-identification program guidelines.

B. Self-Identification Program.

1. The city will not take adverse action against an employee making a voluntary admission of alcohol misuse or controlled substances use within the parameters of this program and subsection (A) of this section;

2. The city will allow the employee 10 working days to seek evaluation, education or treatment to establish control over the employee’s drug or alcohol problem and provide proof to the DER and supervisor of having undergone assessment screening. The proof must contain the treatment recommendations of the substance abuse professional;

3. The city will permit the employee to return to safety-sensitive duties only upon successful completion of an educational or treatment program, as determined by a drug and alcohol abuse evaluation expert, i.e., employee assistance professional, substance abuse professional, or qualified drug and alcohol counselor;

4. The city will ensure that:

a. Prior to the employee participating in a safety-sensitive function, the employee shall undergo a return-to-duty test with a result indicating an alcohol concentration of less than 0.02; and/or

b. Prior to the employee participating in a safety-sensitive function, the employee shall undergo a return-to-duty controlled substance test with a verified negative test result for controlled substances use; and

c. At least monthly, the employee will furnish the DER and supervisor with proof of their continuing participation in the recommended treatment program until completed.

5. Reoccurrences of alcohol misuse or controlled substance use will be subject to disciplinary action up to and including the termination of employment. (Ord. 12-001 § 3, 2013)