(A) On April 30, 2001, the Federal Transit Administration (FTA) introduced a new regulation on drug and alcohol testing. This regulation effectively superseded and combined into a single instruction its drug and alcohol testing rules which were previously published in two separate directives. At the same time, some of the included provisions were rewritten to be more consistent with similar requirements imposed by other U.S. Department of Transportation (DOT) agencies.
(B) The new regulation, published as 49 CFR Part 655, “Prevention of Prohibited Drug Use and Alcohol Misuse in Transit Operations,” requires each employer receiving FTA funding assistance or who performs certain functions for or on behalf of such a recipient to establish and implement an anti-drug and alcohol testing program that must include the following elements:
(1) A statement describing the employer’s policy on prohibited drug use and alcohol misuse in the workplace, including consequences associated with prohibited drug else and alcohol misuse.
(2) An educational and training program, which includes the display and distribution of informational materials and a community service hotline telephone number, if available.
(3) A testing program that meets the requirements outlined in 49 CFR Part 655 and DOT regulation 49 CFR Part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Procedures.”
(4) Procedures for referring a covered employee who has a verified positive drug or alcohol test result to a substance abuse professional.
(C) This drug and alcohol testing policy and procedures subchapter is provided to help employees n their representative better understand the requirements. A copy of this policy shall be distributed to all current safety-sensitive transit employees, posted on division bulletin boards, available on-line via request, and issued to each new safety-sensitive employee as part of a general orientation procedure.
(D) The policy and testing program described has been updated to include all FTA and DOT rule changes, interpretations, and clarifications published through September 30, 2001.
(E) The city is dedicated to assuring equitable application of this policy. Therefore, supervisors and mangers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements, or is found to deliberately misuse the policy in regard to employees, will be subject to disciplinary action, up to an including termination.
(F) The FTA regulation requires each employer to give each employee subject to this policy at least 60 minutes of training on the effects and consequences of prohibited drug use on his or her personal health, safety, and the work environment, and the signs and symptoms that may indicate prohibited drug use. Additionally, each employer must provide to ever supervisor who may make reasonable suspicion determinations at least 60 minutes of training on the physical, behavioral and performance indicators of probable drug use and at least 60 minutes of training on the physical, behavioral, speech, and performance indications of alcohol misuse.
(Ord. 1399, passed 3-20-02)