(A) For purposes of this chapter, a controlled substance and alcohol testing certification program shall:
(1) Require the applicant to test negative for each of the controlled substances specified in Part 40 (commencing with section 40.1) of Title 49 of the Code of Federal Regulations and for alcohol, before employment. For purposes of this requirement, "employment" includes self-employment as an independent driver, and a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02%.
(2) Employ procedures that are substantially the same as those in Part 40 (commencing with section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver must show a valid California driver's license at the time and place of testing. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements must be substantially as in Part 382 (commencing with section 382.101) of Title 49 of the Code of Federal Regulations.
(B) If the applicant for a driver's permit is either an employee or prospective employee of an owner of an automobile for hire, the results of a controlled substance and alcohol testing certification program required by this chapter shall be reported directly to the city. Owners shall be responsible for ensuring compliance of their employees with the controlled substance and alcohol testing certification program, and must pay all costs of the program with respect to their employees and prospective employees; except that an owner may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing. Owners shall notify the city upon termination of employment of a permitted taxicab driver. Upon termination of a driver, the driver's permit shall be void, and the drive shall return the permit to the traffic authority.
(C) Self-employed independent drivers shall be responsible for compliance with, and must pay all costs of, the required controlled substance and alcohol testing certification program with regard to themselves. The test results must be reported directly to the city, and the city shall notify the leasing company of record of the automobile for hire, if any, of any positive results.
(D) Upon the request of a driver applying for a driver's permit, the city shall give the driver a list of consortia certified pursuant to Part 382 (commencing with section 382.101) of Title 49 of the Code of Federal Regulations that are known to offer tests in or near the city.
(E) A test conducted in another California jurisdiction shall be accepted as meeting the testing requirement of the City of Monrovia.
(F) The city shall accept any negative test result for one year from the testing date as meeting a requirement for periodic permit renewal testing in the city if the driver has not tested positive subsequent to a negative result. However, an earlier negative result will not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
(G) All test results are confidential and shall not be released without the consent of the driver, except as otherwise authorized or required by law.
(H) The City Council, by resolution, may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of implementing and administering the procedures specified in this section.
(Ord. 2007-03 § 2, 2007)