163.04 TESTING FREQUENCIES AND PATTERNS UNDER WHICH AN EMPLOYEE MAY BE TESTED.

   Individuals will be tested for the presence of drugs and/or alcohol under any and/or all of the conditions outlined:

   (a)   Pre-employment. All employees hired to or transferred to covered employee positions shall be tested for the presence of drugs prior to the first instance in which the employee actually performs any driving function for the employer, including those employees already hired who are temporarily excluded from the testing pool and who are then reintroduced into such testing pool.

   (b)   Random. Pursuant to the Act, fifty per cent (50%) of an employer's employees who require a commercial driver's license to perform the duties of their position must be randomly selected and tested for the use of drugs. Additionally, twenty-five per cent (25%) of such employees must be tested for blood alcohol content. This employer has entered into a consortium testing pool in which all of our CDL employees are combined with those from other employers to create a larger base pool for random selection. The integrity of such consortium pool depends upon the cooperation of all such obligated employers.

   (c)   Post-Accident.

      (1)   Post accident drug/alcohol testing will be mandatory in all cases where the following criteria have been met:

         A.   The accident involved the loss of human life, or

         B.   The driver receives a citation under State or local law for a moving traffic violation arising from the accident.

      (2)   Specimen collection will occur immediately after the determination of need has been made (within two hours for alcohol) and in no case will the total elapsed time exceed eight hours for alcohol testing and thirty-two hours for drug testing from the time of the event.

      (3)   A driver who is seriously injured and cannot provide a specimen at the time of the accident shall provide the necessary authorization for obtaining hospital reports and other documents that would indicate whether there were any controlled substances and/or alcohol in his/her system by providing blood samples for alcohol/ drug testing purposes.

      (4)   The City of Aurora shall provide drivers with necessary information and procedures so that the driver will be able to meet the requirement of the preceding paragraph of this section.

   (d)   Reasonable Suspicion Drug Testing. This type of drug and/or alcohol testing shall require a driver to be tested, upon reasonable suspicion, for the use of controlled substances and/or alcohol.

      (1)   A driver shall submit to testing, upon reasonable suspicion for the use of controlled substances and/or alcohol when requested to do so by the City.

      (2)   The questionable conduct which is the basis for the reasonable suspicion need only be witnessed by only one supervisor or other City of Aurora official.

      (3)   "Reasonable suspicion" is the belief that the covered employee has violated the alcohol and/or controlled substances prohibitions, based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The mere possession of alcohol does not constitute a need for reasonable suspicion testing, which must be based on observations concerning the driver's appearance, behavior, speech or body odor.

      (4)   The supervisor and/or City of Aurora official must have received training that covered the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances.

      (5)   A written record shall be made of the observations leading to a controlled substance test and signed by the supervisor or City of Aurora official who made the observations.

      (6)   Reasonable suspicion testing procedures shall ensure that the driver is transported immediately to a collection site for the collection of the sample.

   (e)   Return-to-Duty Testing. Before a driver who has been temporarily removed from his/her position due to a positive test result or a refusal to perform such tests, returns to duty requiring performance of safety-sensitive and/or driving functions, he/she shall undergo a return-to-duty alcohol test. The test result shall indicate a breath alcohol level of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use before the employee may return to his/her position. Additionally, commercial motor vehicle drivers must be removed from driving for at least 24 hours in addition to having a negative test result before returning to work in a safety-sensitive function.

   (f)   Follow-up Testing. When a covered employee returns to work after a confirmed positive test for alcohol and/or drugs, the driver shall also be subject to unannounced follow-up alcohol and controlled substance testing. The number and frequency of such follow-up testing shall be as directed by the Substance Abuse Professional (SAP) and consist of at least six (6) tests in the first 12 months, and continuing for a period up to sixty (60) months from such return to duty.

      (Ord. 1995-215. Passed 12-18-95.)