(A) The specific drugs that will be tested for are marijuana, cocaine, opiates, amphetamines, and phencyclidine. An initial drug screen using immunoassay techniques will be conducted in each specimen. For those specimens which indicate one or more prohibited substances present, a confirmatory gas chromatography/mass spectronomy (GC/MS) test will be performed. The test will be considered positive if the amount present is equal or above the minimum threshold established in 49 CFR Part40.
(B) Alcohol testing will be conducted using a National Highway Traffic Safety Administration (NHTSA)-approved evidential breath testing (EBT) device operated by a trained alcohol breath technician (BAT). Breath alcohol concentration (BAC) is expressed in terms of grams of alcohol per 210 liters of breath. If any initial test indicates a BAC of 0.02 or greater, a second test will be performed to confirm the result. It is city policy that any employee whose BAC is confirmed at 0.02 or greater, but less than 0.04, will be suspended from duty for the remainder of his or her shift, which period shall be not less than eight hours. A BAC of 0.04 or greater will be considered a positive alcohol test result.
(C) The testing described in this policy will be independent and separate from all other testing performed on behalf of the city and/or prevailing federal, state and local requirements. All covered employees are subject to testing for prohibited drug use and misuse of alcohol in the following situations and/or circumstances:
(1) Pre-employment.
(a) All applicants for employment must first pass a pre-employment drug test before being permitted to perform any safety-sensitive job function. Also, an employee absent 90 consecutive days or longer, regardless of reason, who has not been subject to random testing during that time will be required to undergo pre-employment drug testing prior to resuming safety-sensitive duties.
(b) Employees or applicants must undergo pre-employment drug testing before assignment to any position which requires the performance of safety-sensitive duties. Only urine drug testing is required, and the result of pre-employment drug testing must be a verified negative. Failure of a pre-employment drug test will disqualify the applicant for employment or transfer. Evidence of the absence of dependency from an accredited substance abuse professional is required prior to further consideration for possible employment in a safety-sensitive position.
(c) Applicants to safety-sensitive positions will be asked if they have failed or refused to submit to pre-employment testing at any other DOT- regulated employer in the past two years, regardless of hiring action, and will be required to authorize the release of information regarding past drug and alcohol testing during the past two years.
(2) Random.
(a) All safety-sensitive employees are subject to random drug and/or alcohol testing at any time they are on duty and during all time periods that safety-sensitive functions are being performed. Testing must be unannounced and unpredictable. Once notified of a random testing requirement the employee must proceed directly to the testing site.
(b) At least 50% of the total number of covered employees must be tested each year for the use of prohibited drugs, and at least 10% tested for alcohol. To satisfy this quota, all city safety-sensitive employees are enrolled in a random testing pool, which may include a number of contractor employees who perform safety-sensitive functions for or on behalf of the city.
(c) The frequency of testing is based upon the number of employees in the pool and spread throughout the year, The odds of being selected in any given selection cycle for a random drug and/or alcohol test are equal to the number of employees enrolled in the pool at the time.
(d) An Occu-Med computer configured with a random number generator selects employees for testing. It is possible that an employee could be selected more than once during the year or even in consecutive selection cycles.
(3) Reasonable suspicion. All safety-sensitive employees are subject to drug and/or alcohol testing when there is reason to believe that drug or alcohol use is adversely affecting job performance. Such determination will be made on the basis of specific, contemporaneous, articulable observation concerning the appearance, behavior, speech, or body odor of a covered employee. The referral determination will be made by a supervisor trained to detect the signs and symptoms of drug and alcohol use and who reasonably concludes than the employee may be adversely affected or impaired in his or her work performance due to prohibited drug use or alcohol misuse.
(4) Post-accident testing.
(a) The operator of a transit vehicle is required to undergo drug and alcohol testing if involved in any “occurrence” associated with the operation of the vehicle, whether or not the vehicle is in revenue service that results in the loss of human life. Testing shall also be required for other safety-sensitive employees on duty in the vehicle at the time as well as any other employee whose performance of duty could have contributed to the accident.
(b) Post-accident testing also must be conducted if any non-fatal accident results in injuries requiring a person or persons being transported to a medical treatment facility or if one or more vehicles incurs disabling damage that requires towing from the site, unless the employee’s performance can be completely discounted as a contributing factor to the accident. Employees tested under this provision include not only the vehicle operator, but any other covered employee whose performance could be a contributing factor, as determined by the city and upon review and approval of the Director or his or her designee.
(c) Post-accident testing must be conducted as soon as possible for alcohol within (2 hours of the time of accident not to exceed 8 hours), and within 32 hours for drugs.
(d) Any safety-sensitive employee involved in an accident must refrain from alcohol use for eight hours following the accident or until completion of a post-accident test or upon release by a supervisor. A safety sensitive employee who leaves the scene of an accident without justifiable explanation prior to submitting to drug and alcohol testing or who fails to report to the collection facility within a reasonable time frame will be considered to have refused to test.
(Ord. 1399, passed 3-20-02)