163.06  DETECTION THRESHOLDS FOR ABUSED DRUGS AND/OR ALCOHOL.
   The detection thresholds utilized will be dictated by the current required Department of Transportation levels and will be used to differentiate between positive and negative values. These thresholds will be applied uniformly and without bias to all testing entities. The test(s) in question will give no indication of semi-quantitative levels. This will prevent bias of prejudicial behavior from developing towards an employee.
   (a)    Specimen Collection Protocol.
To insure consistency and uniformity of specimen collections for abused substance testing, the following procedure shall be followed when any specimen is collected for the purpose of abused substance testing.
      (1)   Pre-employment testing.
         A.   At the time of the interview, any and all applicants will be given a copy of the Employer's "DOT Driver Drug/Alcohol Abuse  Policy".
         B.   Each applicant will sign at the bottom of this form (DOT Driver Drug/Alcohol Abuse Policy) which signifies that they are aware of, understand and agree to abide by the Employer's drug and/or alcohol policy and DOT guidelines.
         C.   Each applicant will be given a copy of this signed document and the original will remain the property of the City of Aurora.
         D.   At the time of the interview, all applicants will be notified by the interviewer that a pre-employment drug test is required prior to a final offer of employment.
         E.   All applicants will be sent only to a collection facility that conforms to all DOT regulations and guidelines for specimen collection.
         F.   Applicants that have a positive pre-employment DOT test(s) result will be denied employment.
         G.   An applicant that tests positive will be allowed to reapply for future employment only upon showing proof that he/she has successfully completed a rehabilitation/treatment program.
ALL SPECIMEN COLLECTION PROCEDURES MUST FOLLOW THE GUIDELINES ESTABLISHED BY THE DEPARTMENT OF TRANSPORTATION
         H.   Exceptions:
            1.   In addition, the Employer is not required to administer a pre-employment controlled substance test if the following conditions are met:
            2.   The driver must have participated in a drug testing program meeting the requirements of this rule within the previous 30 days; and
            3.   While participating in this program, the driver must have either been tested for controlled substances in the previous 6 months, or participated in a random drug testing program for the previous 12 months; and
            4.   The Employer must ensure that no prior employer of the driver has record of violations of any DOT controlled substance use rule for the driver in the previous 6 months.
      (2)   Random alcohol testing rates:
 
Violation Rate:
Testing Rate:
Less than .5% for 2 consecutive years
10%
.5% - less than 1.0%
25%
1.0% or greater
50%
         A.   Each year the FHWA Administrator will publish in the Federal Register the minimum annual percentage rate for random alcohol testing drivers. The new rate will become applicable on January 1, of the following year.
         B.   The City of Aurora may elect to conduct random tests for both alcohol and drugs at the same percentage.
      (3)   Random Controlled Substances Testing:
         A.   Random controlled substances testing shall be administered at a minimum annual rate of fifty percent (50%) of the average number of driver  positions.
         B.   The City of Aurora shall ensure that random controlled substances tests are unannounced and spread reasonably throughout the calendar year.
         C.   The City of Aurora shall ensure that drivers selected for random controlled substances tests proceed immediately to the testing site upon notification of being selected.
         D.   The FHWA has proposed to lower the random testing rate to twenty-five percent (25%) if the industry-wide  random positive rate is less than 1.0 percent for two consecutive calendar years, while testing at fifty percent (50%). The rate would increase back to fifty percent (50%) if the industry random positive rate were 1.0 percent or higher for any subsequent year.
         E.   The City of Aurora may elect to conduct random tests for both alcohol and drugs at the same percentage.
      (4)   Return to duty testing:
         A.   The City of Aurora shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function, after engaging in prohibited conduct regarding alcohol misuse, the driver shall undergo a return-to-duty alcohol test indicating a breath alcohol concentration of less than 0.02.
         B.   Additionally, City of Aurora 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.
         C.   The City of Aurora also shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function, after engaging in prohibited conduct regarding controlled substance use, the driver shall undergo a return-to-duty controlled substance test with a result indicating a verified negative result for controlled substance use.
         D.   In the event a return-to-duty test is required, the driver must also be evaluated by Substance Abuse Professional (SAP) and participate in any assistance program prescribed.
      (5)   Follow-Up Testing.
   Following a determination that a driver is in need of assistance in resolving problems associated with alcohol and/or use of controlled substances, the City of Aurora shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substance testing as directed by the SAP. The driver shall be subject to a minimum of six follow-up controlled substance and/or alcohol tests in the first 12 months.
   (b)   Notification Requirements:
The City of Aurora shall notify:
      (1)   A driver-applicant of the results of a pre-employment drug test conducted under this section provided the driver-applicant requests such results within 60 days of being notified of the disposition of the employment application; or
      (2)   A driver of the results of a random, reasonable suspicion, post-accident, return-to-duty or follow-up test(s) conducted under this section, provided the results were positive. The driver must also be advised of what controlled substance and/or alcohol was identified in any positive test.
   (c)   Split Sample Collection:
      (1)   Under the "split-sample collection" procedures, the driver has 72 hours following notification of a positive result to request the secondary sample be analyzed. In the event a split-sample was not taken, or was of inadequate quantity, the original test would be voided, and the driver would not be subject to a retest.
      (2)   While the primary sample is tested as specific thresholds for each controlled substance, the secondary (split) sample is analyzed only for the presence of controlled substances. If a negative result is reached on the secondary test, the original test results are disregarded.
      (3)    All positive tested split samples are paid for by the tested employee and all negative tested split samples are paid for by the City of Aurora.
   (d)   MRO Testing Requirements:
      (1)   All test results shall be reviewed by a Medical Review Officer (MRO) before an official determination can be finalized.
      (2)   The MRO shall afford a tested individual the opportunity to discuss a positive test result with the MRO before reporting the positive test result to the City of Aurora. If an MRO, after making and documenting all reasonable efforts, is unable to contact a tested person, the MRO shall contact a designated management official of the City of Aurora to arrange for the individual to contact the MRO prior to going on duty. The MRO may verify a positive test without having communicated with the driver about the results of the test if:
         A.   The driver expressly declines the opportunity to discuss the results of the test, or
         B.   Within five days after a documented contact by a designated management official of the City of Aurora instructing the driver to contact the MRO, the driver has not done so.
      (3)   All positive tests reported to the City of Aurora by the MRO in which the MRO did not discuss the results with the driver shall be so noted and be accompanied by complete documentation of the MRO's efforts to contact the driver including contacts with City of Aurora's designated management official.
      (4)   The rules in this section do not prohibit the City of Aurora from requiring a driver to notify the City of Aurora of therapeutic drug use.
      (5)   The MRO shall report to the City of Aurora whether a driver's test positive or negative and, if positive, the identity of the controlled substance and/or alcohol for which the test was positive.
         (Ord. 1995-215. Passed 12-18-95.)