(A) The following testing procedures are to be strictly observed by any collection facility and/or laboratory contracted with the city in order to carry out its drug and alcohol testing program.
(B) Controlled substance testing procedures include the following;
(1) Chain of custody. Chain of custody is defined as procedures to account for the integrity of each urine specimen by tracking it's handling and storage from point of specimen collection to final disposition of the specimen. These procedures will require an approved chain of custody form.
(2) Preparation of testing.
(a) Use of tamperproof seal system designed in a manner that a specimen bottle top can be sealed against undetected opening and the bottle has a means for identification of the test subject, either by number or some other confidential manner.
(b) Use of shipping container in which one or more specimens and associated paper work may be transferred and which can be sealed and initialed to prevent undetected tampering.
(c) Written procedures and instructions for collection site.
(3) Specimen collection. Specimen collection will be done at collection sites designated by the city.
(4) Laboratory analysis. Laboratory analysis of all specimens collected will be done by a NIDA certified laboratory under all federal guidelines.
(5) Review of results of the laboratory tests.
(a) The laboratory reports the test results of the city's Medical Review Officer (MRO) within an average of five working days.
(b) Both positive and negative results must be reported. The report, as certified by the responsible laboratory individual shall indicate the drug/metabolites tested for, whether the results are positive or negative, and the cut-off level for each drug analyzed, the specimen number assigned to the specimen and the drug testing laboratory identification number. All tests submitted to the laboratory at the same time must be submitted to the MRO at the same time.
(c) The laboratory may transmit the test results to the MRO by various electronic means such as teleprinter, facsimile or computer, so long as those methods established are designed to maintain confidentiality. Results cannot, at any time, be provided verbally by telephone. The laboratory must also transmit to the MRO the original or a certified copy of urine chain of custody and control form and must identify the individual responsible for the day-to-day management of the laboratory process.
(6) The role of the Medical Review Officer.
(a) The MRO must be licensed M.D. or D.O. and principally serve as an arbiter between the laboratory and the city. The MRO must possess a knowledge of drug abuse disorders. It is the primary role of the MRO to review and interpret positive results obtained from the laboratory. The MRO must access and determine whether alternate medical explanations could account for the positive test results.
(b) To accomplish this task, the MRO may conduct medical interview of the individual's medical history and review and other relevant bio-medical factors. Additionally the MRO must examine all medical records as evidence of prescribed medications.
(c) The MRO must give the individual testing positive an opportunity to discuss the test results. If the tested individual provides sufficient medical documentation that the positive result derives from the use of legally prescribed medication the MRO may allow the driver to continue to operate, or the MRO may request the opinion of another physician.
(d) After the individual testing positive has been given the opportunity to provide sufficient information, and the MRO makes a final decision, the city is notified of the results of the substance test.
(7) The need for confidentiality. All information obtained in the course of testing employees shall be protected as confidential medical information. No data concerning this information will be made part of the driver's personnel file or will be provided to any other party without the written consent of the driver.
(8) The appeal process available to drivers testing positive. If a driver tests positive, he/she has the right to question the results by;
(a) Contact with the MRO to verify the sample number of the urine sample to the MRO's form.
(b) Requesting the split-sample be tested within 72 hours of the original testing.
(9) Alcohol testing procedures. Alcohol testing procedures include the following;
(a) Testing devices.
1. Alcohol tests are to be conducted with only evidential breath testing devices (EBT's) approved by the National Highway Traffic Safety Administration (NHTSA) on their Conforming Products List (CPL)
2. The rules allow the use of EBT's for the initial screening test £hat are on the CPL, that do not meet the additional requirements for the confirmation test (e.g. sequential numbering and print-out capability)
(b) Test administrators. Only a Breath Alcohol Technician (BAT) that has had proper training may administer breath alcohol tests. Reasonable cause tests may not be conducted by the person making the determination that suspicion exists to conduct an alcohol test.
(c) Test procedures.
1. The BAT will perform an initial alcohol screen. If the initial screen results in a Blood Alcohol Concentration (BAC) of 0.02% or above, a confirmation test is required. Any tests resulting in a BAC of less than 0.02% will be considered negative. The BAT will wait a minimum of 15 minutes, before administering the confirmation test. Confirmation tests must be performed within 20 minutes.
2. The Superintendent, or his designee will be responsible for maintaining in municipal files and on a confidential basis all records required by the federal regulations under this testing program.
(Ord. 33-1995, passed 12-12-95)