761.41 TAXICAB DRIVER/APPLICANT DRUG TESTING.

   (a)   Definitions. As used in this chapter, the following terms are defined as follows:

      (1)   "Drug test" means a urinalysis test administered under approved conditions and procedures to detect any of the following: amphetamines, barbiturates, benzodiazephines (valium, librium), bensolylecongnine (cocaine metabolite), cannabinoids (THC, Marihuana), opiates (codeine), morphine (from heroin), dydromorphone, methaqualone, methadone and phyencyclidine (PCP);

      (2)   "Reasonable suspicion" means an apparent state of facts, circumstances or information which exists from an inquiry or from a creditable source which would induce a reasonably intelligent and prudent person to believe the taxicab driver was under the influence or using drugs/narcotics; and

      (3)   "Narcotic drugs" mean coca leaves, opium, isonipecaine, amidone, isoamidone, ketobemidone, as defined herein, and every substance not chemically distinguished from them and every drug, other than cannabis, which may be included in the meaning of "narcotic drug" under the federal drug abuse control laws. "Coca leaves" includes cocaine and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves, which do not contain cocaine, ecogine or substances for which cocaine or ecogine may be synthesized or made. "Isonipecaine" means any substance identified chemically as 1-methyl-4-phenylpiperidine-4-carboxylic acid ethyl ester, or any salt thereof, by whatever trade name designated. "Amidone" means any substance identified chemically as 4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by whatever trade name designated. "Isoamidone" means any substance identified chemically as 4-4-diphenyl-5-methyl-6-dimethylaminohexzone-3, or any salt thereof, by whatever trade name designated. "Ketobemidone" means any substance identified chemically as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone hydrochloride, or any salt thereof, by whatever trade name designated.

         (Ord. 92-8-66. Passed 8-12-92.)

   (b)   General Rules.

      (1)   Taxicab drivers shall not take any narcotic or controlled substance unless prescribed by a physician licensed to practice medicine. Drivers who are required to take prescription medication shall notify their immediate supervisors of the medication prescribed and the nature of the illness or injury; any statutorily defined illegal use of drugs by a driver, whether during or outside employment, which results in a positive drug test indicating the presence of substances being tested for at or above the designated level, shall be grounds to deny, suspend or revoke a taxicab driver's license. Refusal by a person to take a drug test required by this section, reveal its results or follow the regulations prescribed in this section, shall also constitute grounds for denial, suspension or revocation of a taxicab driver's license.

      (2)   Applicants or drivers found to be involved in the illegal sale, manufacture or distribution of any narcotic/drug shall be denied a taxicab driver's license.

      (3)   Applicants or drivers who are found to be illegal using any controlled substance shall be subject to disciplinary action.

      (4)   Applicants or drivers demonstrating addiction to any narcotic/drug shall be denied a license.

      (5)   Any improper use of any narcotic/drug by an applicant after application, but before issuance of a taxicab license, shall be grounds for denying a license.

      (6)   Any person providing a drug sample pursuant to this section shall execute a waiver of physician-patient privilege respecting all aspects of the drug test and its results.

      (7)   A taxicab company shall submit to the City the original copy of the results of any drug test it received or that it conducts upon a driver or applicant.

   (c)   Policy for Drug Testing/Urinalysis.

      (1)   All applicants for a taxicab driver's license shall be tested for drug or narcotic usage as part of the prelicensing process. The results of such test shall be reported directly from the testing agency to the Director of Finance.

         (Ord. 93-3-20. Passed 3-10-93.)

      (2)   Current taxicab drivers shall be required to submit to a test for drug or narcotic usage as outlined below:

         A.   A drug test may be ordered by a law enforcement officer or other City official having enforcement responsibility under this chapter when there is a reasonable suspicion that a driver has been using any drug or narcotic and that this use may present a risk to his or her safety, that of fellow employees, other motorists or the public.

         B.   A drug test may be ordered on a random and unannounced basis by the Transportation and Traffic Engineer without regard to reasonable suspicion.

         C.   The purpose of either test is to determine if any drug or narcotic is present in the driver's system and the extent or amount of such presence. The driver shall be advised of the content and details of any such finding.

         D.   Any official who orders a drug test based upon a reasonable suspicion of the use of any drug or narcotic shall forward a report containing the facts and circumstances directly to the driver and the Director of Finance. The driver shall be verbally advised of the reasonable suspicion at the time of the test and receive a written statement of the same reasonable suspicion within twenty-four hours of the test.

         E.   Test results reporting a presence of illegal drugs or narcotics at or above a prohibited level, or the use of prescription drugs without prescription or the abuse of any over-the-counter drugs shall be submitted to the taxicab company and the Director of Finance for further action.

      (3)   Every taxicab company, owner or operator shall report to the Director of Finance any information received from a physician in accordance with Ohio R.C. 2305.33 that a taxicab driver is or may be unfit to operate a taxicab.

   (d)   Urinalysis Procedures. The testing procedure and safeguards set forth in this section should be followed by the examining physician and others involved in the testing procedure.

      (1)   Obtaining urine samples:

         A.   the driver shall be notified of the drug test requirement just prior to being transported without delay to the medical facility or laboratory designated to obtain the urine sample. At the time of the test, the subject shall be notified of the specific drugs which will be screened by the test. The driver shall be accompanied by a testing supervisor of the same sex.

         B.   The room where the same is obtained shall be private and secure with documentation maintained that the area has been searched and is free of any foreign substance. The testing supervisor, of the same sex, shall be in the presence of the driver to ensure that the sample is from the driver and when actually passed at the time noted on the record. Specimen collection shall occur in a medical setting and the procedures should not demean, embarrass or cause physical discomfort to the driver.

         C.   Before the testing, the applicant should be advised of the drug testing and should receive a briefing during which collection and analysis procedures are explained. An interview with the driver prior to the test shall serve to establish use of drugs currently taken under medical supervision. The driver/applicant shall be required to identify any prescription or nonprescription medication taken in the past week. The medication and time last taken shall be noted on a form to be designated for this purpose. Medications containing narcotic drugs, hypnotics, stimulants, depressants, sedatives and most muscle relaxants shall be reported. Drugs such as aspirin, cold medications, tylenol, birth control pills and antihistamines, except those containing codeine, need not be reported. In the event the driver/applicant is taking medications which require reporting, the testing officer shall attempt to verify the validity of this use through interviews and request the driver/applicant to provide a copy of the prescription. The completed form shall accompany the specimen.

         D.   The containers shall be new and free of contaminants.

         E.   The driver/applicant shall deposit a minimum volume of urine (two ounces) in each container and tightly cap it. Drivers/applicants who are unable to provide an adequate sample initially shall remain under observation until able to do so.

         F.   A tamper-proof seal shall be used on the containers.

         G.   Each step in the collection and processing of the urine sample shall be documented to establish procedural integrity and the chain of evidence.

      (2)   Processing urine samples. To ensure optimum accuracy, the test shall be drug specific. The drug screening test shall consist of an initial test and, if a positive result is thereby obtained, a confirming test.

         A.   The initial test of each urine sample shall employ a methodology different from any confirming test.

         B.   The initial screening test shall be the EMIT (Enzyme Multiplied Immunoassay Technique). The test process at the laboratory for the initial analysis shall be completed in twenty-four to forty-eight hours. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these five drugs or classes of drugs:

 

	Initial Test Cutoff Levels (ng/ml)
Marijuana metabolites	100
Cocaine metabolite	300
Opiate metabolites	*300
Phyencyclidine	25
Amphetamines	1,000

   *25 ng/ml if immunoassay specific for free morphine

         C.   All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the cutoff levels listed in this paragraph for each drug. All confirmations shall be by quantitative analysis. Concentrations that exceed the linear region of the standard curve shall be documented in the laboratory record as "greater than highest standard curve value."

	Confirmatory Test Cutoff Levels (ng/mg)
Marijuana metabolites 1	15
Cocaine metabolite 2	150
Opiates:
Morphine	300
Codeine	300
Phencyclidine	25
Amphetamines:
Amphetamine	500
Methamphetamine	500

   1 Delta-9-tetrahydrocannabinol-9-carboxylic acid.

   2 Benzoylecgonine.

         D.   The laboratory shall report as negative all specimens that are negative on the initial test or negative on the confirmatory test. Only specimens confirmed positive shall be reported positive for a specific drug.

         E.   The testing laboratory shall make provisions to properly preserve (for sixty days), store and secure a testable portion of the original urine specimen to be preserved and made available for purposes of independent confirmation testing by experts chosen and authorized by the driver/applicant. This confirmation test shall be conducted at the testing laboratory jointly with the experts representing the driver/applicant and at the driver/applicant's expense.

      (3)   All persons receiving a positive test result for substances identified in subsection (a)(1) hereof, shall be subject to being denied a license or having any previously issued license suspended or revoked.

         (Ord. 92-8-66. Passed 8-12-92.)