(a) Drug Free Workplace And Substance Abuse Testing.
I. STATEMENT OF POLICY.
The City of Moundsville (the City) is committed to protecting the safety, health, and well being of all employees, citizens, and the public. The City also recognizes that drug and alcohol abuse can jeopardize City assets and equipment. We recognize that alcohol and drug abuse can pose a significant threat to our goals.
We have established a drug free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug free environment. The City will neither condone nor tolerate behaviors on the part of employees that relate to substance use, such as:
a. Use of illegal drugs;
b. Misuse of alcohol;
c. Sale or offer of sale, possession, purchase, transfer, use or possession of any illegal drugs;
d. Arrival or return to work under the influence of any drug (legal or illegal) to the extent that job performance is affected.
Management is fully committed to the City's Drug-Free Workplace Program, which establishes clear guidelines for acceptable and unacceptable employee behavior for everyone in the workplace. Substance abuse is a violation of this Policy. Behaviors related to substance use can endanger all employees, not just substance users. Compliance with this Policy is a condition of employment and applies whenever anyone is representing or conducting business or work for the City.
This section (referred to as "the Policy") describes our City's Drug-Free Workplace Program, and every employee is expected to read and understand it. The Policy applies to every City employee and also applies to contractors and subcontractors who perform work for the City. The consequences stated in this Drug-Free Workplace Policy will apply to anyone who violates the Policy. It is the intent of the City and this Policy to comply with all Federal and State regulations pertaining to a Drug-Free Workplace.
The City holds all employees accountable in terms of substance abuse. The City also supports getting help for employees. Employees who come forward voluntarily to identify they have a substance problem may receive City support and assistance via the Health Insurance Benefit Program, if applicable. However, if an employee has a substance problem and does not come forward, and the employee then tests positive for drug or alcohol use in violation of this Policy, the City reserves the right to discipline the employee (including termination of employment) for violation of this work rule. Employees whose jobs are subject to any special law or regulation may face additional requirements in terms of substance use. Other consequences that apply to all employees who violate this Policy are clearly spelled out within this document.
The Policy and Substance Abuse Program go into effect upon approval by City Council. This Policy covers the five key parts of the City's Drug-Free Workplace Program. The five parts consist of:
1. A written policy that clearly spells out the program and how everyone benefits.
2. Annual substance awareness education for all employees.
3. Training for supervisors regarding their responsibilities.
4. Drug and alcohol testing, the most effective way to change harmful substance use behaviors.
5. Employee assistance.
Employees will have the opportunity to receive information about substance use as a workplace problem, signs and symptoms, dangers of use, and how and where to get help for themselves and their families. The City Manager will be our Drug-Free Workplace Program Administrator so everyone knows who to go to for information or help. The City Manager will be responsible for arranging drug and alcohol testing, identifying resources that employees can turn to for help for themselves and/or their families, and arranging for qualified people to help with employee awareness education and with supervisor training. The Risk Manager/Safety Coordinator will be the backup administrator when the City Manager is unavailable.
A. Prescription Medication:
Prescription and over-the-counter medications are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee taking prescribed or over the counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of his/her job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee's responsibility to use appropriate personnel procedures, (e.g., call in sick, use leave, request change of duty, notify supervisor, notify doctor) to avoid unsafe work practices. The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of the Drug-Free Workplace Policy to intentionally misuse and/or abuse prescription medications at work or in a manner that affects work.
B. Program Protections:
This program is designed to protect employees from the behaviors of substance users. Some of the protections built into the program are:
• Employee records such as testing results and referrals for help will be kept confidential. Information will be on a need-to-know basis. Any violation of confidentiality rights is subject to disciplinary action up to and including termination of employment.
• We are committed to employees who have a substance problem getting help. Each situation will be reviewed individually. Employee assistance may be available for employees through the health benefits insurance program.
• All supervisors will be trained in their duties related to this policy before this program begins.
• Employees will receive initial and annual substance awareness education from a qualified person to help identify problems and learn where to turn to for help.
Testing will be done through a federally certified laboratory that uses the highest level of care in ensuring results are accurate. This process is very accurate in detecting the substances that the City is concerned about as being present in the employee's "system" in sufficient quantity to lead to behaviors which may endanger the person or others. The certified lab will ensure fairness and accuracy, and provide for a Medical Review Officer (MRO), who is a trained physician. The MRO is responsible for checking whether there is a valid reason for the presence of the substance in the employee's system. The MRO is an expert in substance use. When the MRO receives positive test results, the MRO will contact the employee and any appropriate health care provider to determine whether there is a valid reason for the presence of the drug in the person's system.
• The drug testing program consists of a split sample which allows for the employee to request for a second test on the same sample to be completed by an independent laboratory at the employee's expense.
• Cut-off levels for each drug and for alcohol are established based on federal guidelines. There are many other protections for employees that are built into the process.
• An employee's violation of this policy will not be reported to law enforcement unless required by a regulatory body or criminal statute, such as, but not limited to, drug trafficking. However, in protection of the workforce, law enforcement may be requested to come onto City property in conjunction with a referral for criminal prosecution.
• The Federal Drug-Free Workplace Program requires that any employee who is convicted of a drug related offense in the workplace must notify the City in writing within five days of the conviction. Examples of such convictions would be, but not limited to, possession, use, or distribution of illegal drugs in the workplace.
C. Employee Awareness Education:
Every current employee will be required to attend an educational awareness session in which this program is discussed. There will be an opportunity to ask questions. The written Policy will be shared and everyone will be expected to sign for receipt. A qualified person will explain why and how substance use is a workplace problem, the effects, signs/symptoms of use, effects of commonly used drugs in the workplace, and how to get help. Also covered in the training will be guidelines as to how an employee can get a referral for employee assistance via the employee's health insurance benefits program, the importance of determining how much of a substance problem the employee has, and what type of help is needed. New employees will hear about the program during orientation and will receive substance education as soon as possible thereafter.
D. Supervisor Training:
Supervisors will be trained to recognize substance use problems that may endanger the employee and others as well as violate this Policy. This training is in addition to annual employee education. Supervisors will be trained about testing, responsibilities, how to recognize behaviors that demonstrate an alcohol/drug problem, and how to recommend an employee referral for help.
E. Drug and Alcohol Testing:
Testing will be in compliance with Mandatory Guidelines for Federal Workplace Drug Testing and is intended to detect problems, deter usage, and allow appropriate corrective action. In addition to alcohol, the drugs being tested for are:
• Amphetamines (speed, uppers)
• Cocaine (including Crack)
• Marijuana
• Opiates (Codeine, Morphine)
• Phencyclidine (PCP, "angel dust")
F. Employee Assistance:
The City believes in offering assistance to employees with a substance problem. Although the City does not have a rehabilitation program and will not pay for an employee to attend a program, City Management is supportive of employees taking action on their own behalf to address a substance problem. To help those who come forward voluntarily, a list of local community resources will be available. When an employee is determined to have a substance problem, the City Manager will meet with the person to discuss the problem and any violation of this Policy. To continue employment, the employee must agree to an assessment by a Substance Abuse Professional to determine the extent of the problem. This is required in order to correct the problem and be able to avoid violating the City Policy in the future. The City reserves the right to terminate based on a positive test.
II. FREQUENCY AND SITUATIONS WHEN TESTING OCCURS.
Individuals or employees will be tested for the presence of drugs in the urine and/or alcohol on the breath under any and/or all of the conditions outlined below:
A. Post-Offer, Pre-Employment Medical Examination and Drug Testing:
As part of the City's employment procedures, all applicants will be required to undergo a post-offer, pre-employment medical examination and drug screen/test that is conducted by a contractor designated by the City. Any offer of employment is contingent upon, among other things, satisfactory completion of this examination and/or screening, and the determination by the City and its examining physician that the applicant is capable of performing the responsibilities of the position that has been offered. If the applicant is found to be in violation of the Drug-Free Workplace Policy, the offer of employment can be withdrawn, and, at the option of management, the applicant may not be permitted to reapply in the future.
B. Reasonable Suspicion Testing:
Reasonable suspicion testing will occur when City management and/or supervision has reason to suspect that an employee may be in violation of this Policy. The suspicion must be documented in writing within 24 hours of the event giving rise to the reasonable suspicion or prior to the release of the test findings on the "Report of Suspected Job-Related Drug or Alcohol Use" form.
Reasonable suspicion testing may be based upon, among other things:
1. Observed behavior, such as direct observation of drug/alcohol use or possession and/or the physical symptoms of drug and/or alcohol use;
2. A pattern of abnormal conduct or erratic behavior, including but not limited to, increased absenteeism, exhaustion, withdrawal from others, violent behavior, difficulty in recalling instructions, and taking needless risks;
3. Arrest or conviction for a drug-related offense or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use, or trafficking. The employee is responsible for notification to the City, within five (5) working days, of any drug-related conviction;
4. Information provided either by reliable and credible sources or independently corroborated regarding an employee's substance use; or
5. Newly discovered evidence that the employee has tampered with a previous drug or alcohol test.
Reasonable suspicion testing does not require certainty, but mere "hunches" are not sufficient to justify testing. To prevent this, all supervisors will be trained in the recognition of drug and alcohol-related signs and symptoms. Reasonable suspicion testing may be for drugs or alcohol or both.
C. Post-Accident Testing:
Post-accident testing will be conducted whenever an accident occurs as defined below. For purposes of this policy, an accident is considered an unplanned, unexpected, or unintended event that occurs on City property, during the conduct of the City's business or during working hours, which involves City-supplied motor vehicles or motor vehicles that are used in conducting City business, or is within the scope of employment, and which results in any of the following:
(I) A fatality of anyone involved in the accident;
(II) Bodily injury to the employee and/or another person that requires off-site medical attention away from the City's place of employment;
(III) Vehicular damage is rated and recorded by the investigating police officer. The "Extent of Damage" is estimated and recorded on page 1 of the West Virginia Uniform Traffic Crash Report (DMV-17-F) by the investigating police officer. The rating levels are 0-6. When the extent of damage is rated as category level 3 or higher, drug and/or alcohol testing shall be performed.
• Category level 0 (no damage). No apparent damage to vehicle.
• Category level 1 (very minor damage). Damage of a cosmetic nature, e.g.; paint scratches, tire scuff marks, but no dents or missing trim pieces.
• Category level 2 (minor damage). Dented but repairable, e.g.; blown tires, broken windshield or window, missing trim pieces, small dents but no creased metal parts.
• Category level 3 (moderate damage). Vehicle quarter panels/fenders are dented or creased. Broken or missing parts can be replaced or repaired. Vehicle frame or unibody is not damaged. Includes engine compartment fires.
• Category level 4 (severe damage). Vehicle not driveable but salvageable.
• Category level 5 (very severe damage). Vehicle is not salvageable.
• Category level 6 (unknown damage). Extent of vehicle damage is unknown to the investigating officer, e.g.; unidentified hit and run, vehicle fleeing crash scene; vehicle repaired prior to investigation.
(IV) Non-vehicular damage in apparent excess of $1,000.00
(For additional requirements for Commercial Driver Licensed employees regarding post-accident testing, see Section 155.20(b) below).
When such an accident results in one of the situations above, any employee who may have contributed to the accident will be tested for drugs or alcohol or both.
Drug and/or Alcohol Testing after an Accident:
Urine specimen collection (for a drug test) or breath/saliva (for an alcohol test) is to occur immediately after a need has been determined. At no time shall a drug specimen be collected after 32 hours from the time of an employment-related incident. Breath or saliva alcohol testing will be performed within two (2) hours of the incident whenever possible, but within eight (8) hours, or it won't be performed but will be documented. If the employee responsible for an employment-related accident is injured, it is a condition of employment that the employee herein expressly grants unto the City, its officers, and management, the right to request that attending medical personnel obtain appropriate specimens (breath, blood and/or urine) for the purpose of conducting alcohol and/or drug testing. Further, all employees herein expressly grant unto the City, its officers and management, access to any and all other medical information that may be relevant in conducting a complete and thorough investigation of the employment-related accident, to include but not be limited to, a full medical report from the examining physician(s) or other health care providers.
(For additional requirements for Commercial Driver Licensed employees regarding post-accident testing, see Section 155.20(b) below).
D. Return-to-Duty Testing:
Every employee who tests positive when tested pursuant to this policy and is not terminated in accordance with this policy must undergo and pass drug and/or alcohol tests prior to returning to duty. The City may test for both drugs and alcohol even though the employee initially tested positive for only one of those substances. This test does not create any right to return to work, but is a condition to such return. The City will terminate any employee who fails to pass his/her return-to-duty drug/alcohol test and may refer the employee to a substance abuse professional for consultation.
E. Follow up Testing after Return to Work from Assessment or Treatment:
Every employee who is given the opportunity to participate in a rehabilitation program in lieu of termination after a violation of this policy shall be subjected to at least six (6) periodic, unannounced tests in the first twelve (12) months following his/her return-to-duty. A substance abuse professional may suggest additional testing of an employee, not to exceed sixty (60) months, from the date of the employee's return-to-duty. The City may test for both drugs and alcohol even though the employee initially tested positive only to one of those substances. The City may terminate any employee who fails to pass the drug/alcohol test and may refer the employee to a substance abuse professional for consultation.
F. Random Drug Testing:
Random drug testing will include all Safety-Sensitive employees who have and use Commercial Drivers Licenses as a part of their job-related activities with the City and who are required by federal law to have random drug testing. Further criteria and rules for these employees are set forth hereafter in Section 155.20(b) relating to Substance Abuse Drug and Alcohol Policy and Procedures for Department of Transportation (DOT) Commercial Drivers' Licensed (CDL) Employees of the City of Moundsville.
III. SUBSTANCES TO BE TESTED FOR AND THE METHODS OF TESTING.
Systems presence testing is the procedure that is used to identify the presence of controlled substances or alcohol that may be present. Drug testing includes a split specimen procedural safeguard. Each urine specimen is subdivided into two bottles. If the specimen tests positive, an employee may request (at his/her expense) an analysis of the specimen by another testing facility. The request for split specimen testing must be made within 72 hours from the time of notification of the positive result. The request must be made to the MRO. Detection thresholds (or cut-off levels) are standards that have been established by the DHHS for each drug after years of research. These levels will be used to interpret all drug tests, whether for a pre-employment examination, reasonable suspicion test, random, post-accident test, or follow up test.
Breath alcohol testing will be conducted by a testing contractor that uses only certified equipment and personnel. Breath alcohol concentrations exceeding .04 percent will be considered a verified positive result. In the event of an accident where an employee has a "whole blood" alcohol drawn at a medical treatment facility, a result equal to or greater than .04 percent shall be considered to be a verified positive result. An Evidentiary Breath Test (EBT) is used to confirm any initial positive test result. The City also expressly reserves the right to add or delete substances on the list above, especially if mandated by changes in existing Federal, State, or local regulations or legislation.
A. Refusal to Submit to Drug/Alcohol Testing:
The City may suspend or terminate an employee, pending a full investigation of the situation, who refuses to submit to drug and/or alcohol testing. Refusal to submit to drug/alcohol testing may include failing to sign a Consent and Release form for drug/alcohol testing, intentionally failing to provide a sample, or tampering with a sample.
B. Testing Procedures and Safeguards:
The testing facility will afford applicants and employees subject to testing the opportunity, prior to testing, to list all prescription and non-prescription drugs they have used in the last thirty (30) days and to explain the circumstances surrounding the use of such drugs. Applicants and employees subject to testing must sign, prior to testing, any required form(s).
Drug testing includes a split specimen procedural safeguard. Each urine specimen is subdivided into two bottles. If the specimen tests positive, an employee, at his or her own expense, may request an analysis of the other specimen by another testing facility. (The request for split specimen testing must be made within 72 hours from the time of notification of the positive result. The request must be made to the MRO). Alcohol testing includes a confirmation breath testing procedural safeguard. The testing facility will conduct two alcohol breath tests within a 15 to 20 minute interval. The testing facility will record the lowest reading. Test results and related information will be treated confidentially and divulged to City management only on a need-to-know basis.
C. Result of Positive-Drug or Alcohol Test:
If an applicant tests positive as determined by the Medical Review Officer (MRO) for drugs and/or alcohol, the City will terminate the hiring process. The City will, however, give the applicant an opportunity to explain the positive test result to a Medical Review Officer who will determine whether or not a "positive" result should be reported to the employer. An alcohol concentration of 0.04 constitutes a "positive" result. Although not a "positive" result, any employee found to have an alcohol concentration of 0.02 or greater but less than 0.04 will be removed from his/her safety-sensitive position until the start of the employee's next regularly scheduled duty period, but not less than 24 hours following administration of the test.
If a driver tests positive for drugs and/or alcohol and is not terminated (i.e. tests positive under random testing), he/she will be removed from commercial motor vehicle operation until he/she (1) tests negative for drug and/or alcohol use; (2) is re-evaluated by a substance abuse professional; and (3) is subject to unannounced follow-up testing. Compliance with the prescribed treatment and passing the test(s) will not, however, guarantee a right of re-employment.
D. Referral Education and Treatment:
To assist employees in understanding and avoiding the perils of drug and alcohol abuse, employees should contact the City's substance abuse professional, who can answer questions concerning this substance abuse policy and procedure, the effects of alcohol and drug abuse, and rehabilitation opportunities. The City encourages employees who believe they have a drug or alcohol problem to seek the assistance of the City's substance abuse professional. The substance abuse professional may refer the employee to a rehabilitation program at the employee's expense.
Employees who voluntarily request the substance abuse professional's assistance in dealing with an alcohol or drug abuse problem prior to having been caught in violation of this policy may do so without the knowledge of the City and without suffering any disciplinary action. However, voluntary requests for assistance will not prevent disciplinary action for subsequent violations of this policy, as employees who undergo treatment for substance abuse must meet all established standards of conduct and job performance. While the City encourages voluntary drug and alcohol abuse treatment, it will take strong action against employees who do not seek treatment on their own and who violate this policy.
In addition to any disciplinary action described in this policy, the City will refer the employee to a substance abuse professional for assessment and treatment for alcohol and/or drug abuse.
IV. SPECIMEN COLLECTION PROCEDURE.
Testing shall be conducted by trained collection personnel who meet quality assurance and chain-of-custody requirements for urine collection and breath alcohol testing. Confidentiality is required from our labs. Any individual subject to testing under this Policy shall be permitted to provide urine specimens in private, but subject to strict scrutiny by collection personnel so as to avoid any alteration or substitution of the specimen to be provided. Breath alcohol testing will likewise be done in an area that affords the individual privacy. In all cases, there will only be one individual tested at a time. Failure to appear for testing when scheduled shall be considered refusal to participate in testing, and will subject an employee to a range of disciplinary actions, including dismissal, and an applicant to the cancellation of an offer of employment.
V. REVIEW OF TEST RESULTS
To ensure that every employee who is subjected to drug and alcohol testing by the City is treated in a fair and impartial manner, the City's contractor has hired a Medical Review Officer ("MRO"), a medical doctor or doctor of osteopathic medicine with a specialized knowledge of substance abuse disorders. The MRO will be able to determine whether there are any valid reasons for the presence in the employee's system of the substance that was tested positive.
VI. EMPLOYEES' RIGHTS RELATED TO AN INITIAL POSITIVE TEST RESULT.
An employee who tests positive under this Policy will be given an opportunity to explain the findings to the MRO prior to the issuance of a positive test result to the City. Upon receipt of a confirmed positive finding, the MRO will attempt to contact the employee by telephone or in person. If contact is made by the MRO, the employee will be informed of the positive finding and will be given an opportunity to rebut or explain the findings. The MRO can request information on recent medical history and on medications taken within the last thirty days by the employee. If the MRO finds support in the explanation offered by the employee, the employee may be asked to provide documentary evidence to support the employee's position (for example, the names of treating physicians, pharmacies where prescriptions have been filled, etc.) A failure on the part of the employee to provide such documentary evidence will result in the issuance of a positive report by the MRO with no attendant medical explanation. A medical disqualification of the employee will result. If the employee fails to contact the MRO as instructed, the MRO will issue a positive report to the City.
VII. REPORTING OF RESULTS.
All test results will be reported to the MRO prior to the results being issued to the City. The MRO will receive a detailed report of the findings of the specimen from the testing laboratory. Each substance tested for will be listed, along with the results of the testing. The City will receive a summary report, and this report will indicate that the employee passed or failed the test. All of these procedures are intended to be consistent with the most current guidelines for Medical Review Officers published by the federal DHHS.
VIII. STORAGE OF TEST RESULTS AND RIGHT TO REVIEW TEST RESULTS.
All records of drug/alcohol testing will be stored separately and apart from the employee's general personnel documents. These records shall be maintained under lock and key at all times, and access is limited to designated City officials. The information contained in these files shall be utilized only to properly administer this Policy and to provide to certifying agencies for review as required by Law. Those designated City officials that shall have access to these records are charged with the responsibility of maintaining the confidentiality of these records. Any breach of confidentiality with regard to these records may be an offense resulting in termination of employment. Any employees tested under this Policy have the right to review and/or receive a copy of their respective test results. An employee may request from the City Manager, in writing, with a duly notarized Employee Request for Release of Drug Tests Results form, that a copy of the test be provided. The City will use its best efforts to promptly comply with this request and will issue to the employee a copy of the results personally or by U.S. Certified Mail, Return Receipt Requested.
IX. POSITIVE TEST RESULTS.
Employees who are found to have a confirmed positive drug or alcohol test will be immediately taken off safety-sensitive duties and are subject to discipline up to and including termination.
X. TERMINATION NOTICES.
In those cases where substance testing results in the termination of employment, all termination notices will list "misconduct" as the reason. Termination shall be deemed "for cause."
(b) Substance Abuse Drug And Alcohol Policy And Procedures For Department Of Transportation (DOT) Commercial Drivers' Licensed (CDL) Employees.
I. NOTICE OF TESTING.
In addition to the provisions in Section 155.20(a), those employees who fall within the requirements of "DOT-CDL" regulations, 49 CFR part 382, "Controlled Substances and Alcohol Use and Testing" and 49 CFR part 383, "Commercial Drivers License Standards: Requirements and Penalties" shall be subject to the following.
These policies and procedures will act as notice of Drug and Alcohol Testing as prescribed by 49 CFR part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs", and is specifically for those employees who fall within the requirements of "DOT-CDL" regulations, 40 CFR part 382, "Controlled Substances and Alcohol Use and Testing" and 49 CFR part 383, "Commercial Drivers License Standards: Requirements and Penalties". Also, "The Drug-Free Workplace Act of 1983" requires the establishment of a drug-free workplace and the reporting of certain drug related offenses to the Federal Transit Administration.
II. PURPOSE AND GOALS.
Employees are our most valuable resource and their health and safety is, therefore, a serious concern. Drug and Alcohol abuse hurts job performance through increased absenteeism, lower job efficiency, and increased accident rates. The City will not tolerate the use of drugs or alcohol which could imperil the health and well-being of its employees, its business, its reputation, or others. We are committed to maintaining a safe and healthy workplace, free from the influence of drugs and alcohol.
III. STANDARDS OF CONDUCT.
The following actions are prohibited and may result in discipline up to and including discharge. The reference to employees in a safety-sensitive position includes employees who hold a commercial driver's license (CDL) and who drive a DOT rated "CDL" vehicle weighing 26,000 lbs. or over, a vehicle containing hazardous materials, or a vehicle designed to carry fifteen or more passengers. These employees will be tested for drugs and alcohol according to a random selection process as required by law.
1. Any use, possession, storage, manufacturing, distribution, dispensation, or selling of drugs, drug paraphernalia, or alcohol during work hours or while on City premises, on City business, or in City vehicles. The presence of over 0.02 alcohol concentration level or any illegally used drugs in an employee's system during working hours, just before or just after the performance of safety-sensitive functions (driving) or while on City premises, on City business, or in City vehicles;
2. Use of alcohol off City premises that adversely affects the employee's attendance, work performance, the employee's or others' safety at work, City property, or the City's reputation in the community, including alcohol use leading to an alcohol-related conviction. The possession, use, manufacturing, distribution, dispensation or selling of drugs off Company premises that adversely affects the employee's attendance, work performance, the employee's or others' safety at work, City property or the City's reputation in the community, including possession, use, manufacturing, distribution, dispensation, or selling of drugs leading to a drug-related conviction;
3. Testing positive for drugs/alcohol when tested pursuant to City policy;
4. Refusing to submit to testing or any inspection according to the procedures outlined in this policy or failure to cooperate in the testing or any inspection including refusing to sign any required form;
5. Failure to adhere to the requirements of any drug or alcohol treatment program in which the City's substance abuse professional refers the employee for drug and/or alcohol related problems after a violation of this policy or refusal to sign an agreement acknowledging the terms and conditions, as set forth in this Policy, under which the employee shall participate in such treatment program;
6. Use of medication prescribed for an employee by a physician and according to the physician's directions is not prohibited by this policy. However, an employee taking prescribed medication must notify his/her supervisor of any known side effects which might affect the employee's job performance. Employees must keep all prescribed medicine in its original container which identifies the drug, date of prescription and prescribing doctor. The wrongful use or sale of prescribed drugs will be considered a violation of the City's standards of conduct.
IV. DRUG/ALCOHOL TESTING.
Drug and/or alcohol testing may be conducted under any one or more of the following conditions:
A. Pre-employment Testing:
B. Reasonable Suspicion Testing:
C. Post-Accident Testing.
(a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers:
(1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers:
(1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(c) The following table notes when a post-accident test is required to be conducted by the above paragraphs:
Type of accident involved | Citation issued to driver | Test must be performed |
i. Human fatality | YES | YES |
NO | YES | |
ii. Bodily injury with immediate medical treatment away from the scene | YES | YES |
NO | NO | |
iii. Disabling damage to any motor vehicle requiring tow away | YES | YES |
NO | NO |
(d) Types of tests:
(1) Alcohol tests. If a test required by this section is not administered within two (2) hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eight (8) hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FMCSA upon request.
(2) Controlled substance tests. If a test required by this section is not administered within thirty-two (32) hours following the accident, the employer shall cease attempts to administer a controlled substance test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FMCSA upon request.
(e) A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
(f) An employer shall provide drivers with necessary post-accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section.
(g) Test results:
(1) The results of a breath or blood test for the use of alcohol, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, State, or local alcohol testing requirements, and that the results of the tests are obtained by the employer.
(2) The results of a urine test for the use of controlled substances, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, State or local controlled substances testing requirements, and that the results of the tests are obtained by the employer.
(h) Exception. This section does not apply to:
(1) An occurrence involving only boarding or alighting from a stationary motor vehicle; or
(2) An occurrence involving only the loading or unloading of cargo; or
(3) An occurrence in the course of the operation of a passenger car or a multi-purpose passenger vehicle by an employer unless the motor vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with federal law.
D. Random Testing:
All employees in safety-sensitive positions (including but not limited to any employee with a commercial drivers license and who drives a vehicle weighing over 26,000 lbs., a vehicle containing hazardous materials, or a vehicle designed to carry fifteen or more passengers) will be tested for drugs and alcohol according to a random selection process as required by law. The City will provide the employee with a conditional opportunity (one chance) for rehabilitation if the employee tests positive. This "one chance" rehabilitation is provided as a benefit of the City's Health Insurance program.
E. Return-to-Duty Testing:
F. Follow-Up Testing Pursuant to Participation in a Drug/Alcohol Treatment Program.
G. Testing Required by Government Regulation:
The City will comply with all government regulations which require testing of employees in safety-sensitive positions. Testing shall be conducted according to the procedures provided under those regulations. However, employees covered by such government regulations will also be subject to testing under the conditions as enumerated above.
(Passed 1-3-06)