(A) All safety sensitive employees will be tested for alcohol and drug abuse in accordance with the approved procedures when directed by the Depart- ment Manager or his or her designee. The city will specify the testing site and provide tests and test interpretations at no cost to employees.
(B) Drivers will be tested under the following guidelines:
(1) Pre-employment. Under no circum- stances will an individual be placed in a safety sensitive position without proof of a successful completion of a drug test. Any individual who refuses to submit to such test, or has a positive controlled substance test result, as defined by the federal regulations, will not be considered for employment with the city.
(2) Random.
(a) A minimum rate of 50% of employees in safety sensitive positions shall be tested annually for drugs and 25% of employees in these positions shall be tested annually for alcohol.
(b) Random drug and alcohol testing may be combined. For example, when testing at 50% drug random rate and 25% alcohol random rate, half of the randomly selected drivers chosen for testing would be tested for both drugs and alcohol, while the rest could be tested only for drugs. Alcohol testing will be conducted just prior to, during, or immediately following performance of a safety sensitive function.
(c) Random testing selection requires:
1. Use of all involved employees in each pool;
2. Use of valid random selection process;
3. Unannounced dates for testing; and
4. Testing of 50% of drivers for drugs and 25% of drivers for alcohol.
(3) Post accident.
(a) Drivers are required to submit to drug and alcohol testing as soon as possible following any incident which involves the loss of human life, or the driver receives a citation under the state or local law for a moving traffic violation arising from the accident, or one or more vehicles is towed from the scene as a result of the accident.
(b) A driver who is subject to post accident testing shall remain readily available for such testing. The employee’s failure to remain available under these circumstances may result in that employee being deemed by the city to have refused to subject to testing. Nothing in this section shall be construed to require the delay of necessary medical treatment or to prohibit the driver from leaving the scene of an accident for a period necessary to obtain assistance in responding to the accident or to obtain necessary medical care.
(c) No driver required to take a post accident alcohol test shall use alcohol for eight hours following the accident or until he or she undergoes a post accident alcohol test, whichever occurs first.
(d) If a driver is seriously injured and cannot submit to testing at the time of the accident, he or she shall provide the necessary authorization for obtaining hospital reports and other documents that would indicate whether there were any drugs or alcohol in his or her system at the time of the incident in question.
(e) The results of a breath or blood test for the use of alcohol, or a urine test for the use of drugs, conducted by federal, state or local officials having independent authority for the test, shall be considered to meet the requirement for post accident testing.
(f) When post accident testing is required, the employee should take the following actions:
1. Attempt to obtain assistance necessary to treat injuries;
2. Cooperate with law enforcement in the investigation of the situation;
3. Explain the need for testing to the law enforcement officials conducting the investigation;
4. Work with medical facility to assure that the necessary testing is completed;
5. Collect specimens promptly; and
6. Document events.
(4) Reasonable suspicion.
(a) The city is required to test for the use of alcohol and controlled substances upon “reasonable suspicion.” Reasonable suspicion is defined to mean that the city believes the behavior, speech, body odor, or appearance of an employee while on duty are indicative of the use of alcohol or controlled substances. The conduct must be witnessed by a supervisor who has been trained in detection of indices of alcohol or drug use. Supervisors will receive at least two hours of training to further their knowledge of possible signs of alcohol or drug use that influence an employee’s fitness for duty. The mere possession of alcohol does not constitute a need for an alcohol test. The witness must have received training in the detection of probable alcohol and drug use by observing a person’s behavior. If it is at all possible, the witness should not conduct the alcohol test, in order to protect the driver.
(b) Alcohol testing is authorized only if the observations are made during, just before, or just after the period of the work day of the employee. A written record shall be made of the observations leading to a reasonable suspicion alcohol or controlled substance test. This record is to be signed by the supervisor who requires a reasonable suspicion test and shall include all observations that culminated in the test or tests being administered.
(c) If a reasonable suspicion alcohol test is not administered within two hours following the observations, the witness shall prepare and maintain on file a record stating the reasons the alcohol test was not administered promptly. In addition, if not administered within eight hours, all attempts to administer the test shall cease. A record shall be prepared and maintained stating why the alcohol test was not administered.
(d) Prior to the start of work, a driver must report to his or her immediate supervisor use of any prescription or over the counter drug which may affect job performance or the safety of others. It is the driver’s responsibility to obtain from his or her physician a determination as to whether or not the drug could affect job performance.
(e) All information obtained in the course of testing of drivers shall be protected as confidential medical information. No data concerning this information will be made a part of the employee’s personnel file nor will it be provided to any other party without the direct written consent of the driver, unless the results are grounds for discipline or the grievance procedure is requested by the employee.
(f) Failure to sign a release for alcohol and drug testing will be classified as refusal to carry out an order of a supervisor and the employee can be terminated.
(g) Refusal to submit to alcohol or controlled substance testing as required will be recorded as a positive test. Refusal to submit to an alcohol or controlled substance test means that an employee (1) fails to provide adequate breath for testing without valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with this policy, (2) fails to provide adequate urine for controlled substance testing without a valid medical explanation after he or she has received notice of the requirement for testing in accordance with this policy, or (3) engages in conduct that clearly obstructs the testing process.
(h) As stipulated in the federal regulations, an employee testing positive for alcohol (.04 or greater) or for a controlled substance shall be prohibited from driving or performing a safety sensitive function for the city and referred to the Medical Review Officer. Employees testing .02 or greater, but less than .04 shall also not drive or perform safety sensitive functions for the city, nor shall the city permit him or her to perform safety sensitive functions, until the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following administration of the test or until a disposition of possible discipline is decided. Employees may be subject to discipline, up to and including discharge. Action taken will be in accordance to Department Disciplinary Policy.
(i) A driver who is required to hold a CDL license 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 function.
(j) An employee shall be deemed to be performing a safety sensitive function as follows:
1. All time spent at a facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the city;
2. All time spent inspecting equipment, otherwise inspecting, servicing or conditioning any motor vehicle at any time;
3. All driving time spent at the driving controls of a motor vehicle in operation;
4. All time while in or upon any motor vehicle;
5. All time loading or unloading a vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded or remaining in readiness to operate the vehicle;
6. All time spent per-forming the driver requirements relating to an accident; and
7. All time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle.
(Ord. 3508, passed 11-4-96)