1b. Drug and Alcohol Policy.MEMORANDUM
CITY - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Todd Gerhardt, Assistant City Manager
DATE: January 18, 1996
SUBJ: Consider Approval of the City's Alcohol and Drug Use Policy
This is another unfunded mandate that the federalllgover.
units. Cities are required to establish policies and prose
commercial drivers licenses for drug and alcohol concur
works employees. R
Staff has worked with the City Attorney's affice to deve
following situations as required by the Federal Omnibus
1991:
1. : Pre- employment
2. "Post- accident
.a Reasonable suspicion
4. Random
5. Return to dutv
ent has placed on local government
es to test employees who have
ion. This applies to 22 of our public
a policy to test employees in the
�nsportation Employee Testing Act of
The costs for the drug n"ne,tests are $46 each and breath alcohol tests are $26 ek . However,
only 50% of our 22 employees are to be tested each year ford :wine tests and 25%
for breath alcohol tests.
We have joined the consortium of Association o Minnesota Counties to lower costs because of
volume discounts and shared administration. Ware also working with the Lake Minnetonka
communities in shared training programs for supervisors and employees.
On the positive side, the city is providing and ensuring that our employees and citizens will be
safer as a result of the enforcement of these rules. Staff and the City Attorney have met with
Mr. Don Ashworth
January 18, 1996
Page 2
employees regarding the proposed policy and positive feedback was received from all
departments and they understand the requirements as outlined in the policy.
You should also be aware that Chapter 1 of the policy applies to all employees and Chapter 2
refers only to employees who have a commercial drivers license.
Recommendation
Staff would recommend that the city council adopt the attached "City of Chanhassen Alcohol and
Other Drug Use Policy" as drafted by the City Attorney's office.
Attachments
1. Alcohol and Other Drug Use Policy.
I CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jan 18,96 13:24 No.004 P.02
�IL J
' CITY OF CHANHASSEN t
CARVER AND HENNEP'IN COUNTIES, MINNESOTA
ALCOHOL AND OTHER DRUG USE
CHAPTER ONE
' POLICY
' A. The City recognizes that alcoholism and other drug dependencies are significant
social problems with a potential for causing severe effects to the City's work force. The
City recognizes that it has a responsibility to maintain a drug free workplace. The City
recognizes that alcoholism and other drug dependencies may be illnesses, Consistent
with this understanding, however, the City has an obligation tb insure that its employees
perform their jobs efficiently, safely, and in a professional business -like manner.
B. Chapter One shall apply to all City employees and all commercial motor vehicle
' drivers as defined in Chapter Two.
C. The following words and terms occurring in this policy will be defined as
' follows:
1. "Work Related Alcohol and Other Drug Abuse" is defined. as the use of
mood - altering drugs, including all forms of alcohol, narcotics, depressants,
stimulants, hallucinogens, marijuana or the use of prescription drugs when
resulting behavior and appearance adversely affects work performance.
' 2. "Adversely Affects Work Performance" and "Under the Influence" will be
determined to be present if the employee is perceptibly impaired; has
' impaired alertness, coordination, reactions, responses or efforts; if the
employee's condition threatens the safety of the employee or others; or if
the employee's condition or behavior presents the appearance of
unprofessional or irresponsible conduct detrimental to the public's perception
of the City as an employer as determined by the employee's supervisor or
City administrator or others observing the employee. A commercial motor
vehicle driver will be deemed to be "under the influence" if the driver's
alcohol concentration level exceeds .02 or if the driver tests positive for
"controlled substances ". Controlled substances taken pursuant to the
instructions of a physician are not covered by this policy if the doctor has
proclaimed that the substance will not affect the employee's ability to safely
' perform employee's job.
3, "Controlled Substances" means those substances whose distribution is
controlled by regulation or statute including, but not limited to, narcotics,
depressants, stimulants, hallucinogens and cannabis.
CAMPBELL, K.NUTSON, SCOTT & FUCHS, P.R
Jan 18,96 13:25 No.004 P.03 I
4. "Mood - altering" or "Alter " means changed behavior which may limit! an
employee's ability to safely and efficiently perform the employee's job
duties, or which may poses a threat to the safety of the employee or others.
D. The City has in place a formal Employee Assistance Program to assist
employees in addressing problems such as alcohol or other drug abuse.` Employees who
may have an alcohol or other drug abuse problem are encouraged to seek professional
assessment from the Employee Assistance Program before the problem affects their
employment status. Participation in this program is voluntary and confidential, except as
may be otherwise required for employees engaged in the performance of work on federal
grants or contracts pursuant to the f=ederal Drug -Free Workplace Act of 19$8, Public Law
100 -690, Title V, Subtitle D [41 U.S.C. § 701, et seq.].
E. The City's policy on work - related substance abuse is nondiscriminatory in intent
and application. However, in accordance with Minnesota Statutes, Chapter 363,
disability does not include any condition resulting from alcohol or other drug abuse which
prevents a person from performing essential functions of the job or creates a direct threat
to property or the safety of individuals.
F. Violations of this policy may subject an employee to discipline, including
possible discharge. Each situation will be evaluated on a case -by -case basis depending
upon the severity and circumstances involved. Discipline may include a requirement that
the employee be evaluated by a Substance Abuse Professional or physician trained in the
diagnosis and treatment of chemical dependency and successful completion of any
recommended drug or alcohol counseling or rehabilitation program, whichever is more
appropriate. The City, through its Employee Assistance Program, may determine which
program is more appropriate after consultation with a Substance Abuse Professional or
physician trained in the diagnosis and treatment of chemical dependency. Participation in
a counseling or rehabilitation program will be at the employee's own expense or pursuant
to coverage under the employee's own benefit plan.
G, A determination that an employee is under the influence or that the employee's
work performance is adversely affected by drugs or alcohol for purposes of Chapter One,
must be made by two (2) individuals to include: supervisors, City officials, or the City
Administrator, who have been trained in the detection of probable drug use or the misuse
of alcohol. However, if only one supervisor is immediately available to witness or
observe the employee's behavior, only one (1) supervisor is required to make the
determination and appropriate discipline measure.
H. City employees under this policy are prohibited from engaging in the following
activities:
7. No employee will report to work or remain on duty under the influence of
alcohol, marijuana, controlled substances, or other drugs which affect the
employee's alertness, coordination, reaction, response, judgment,
decision - making or safety.
1
' CAMPBELL, KNUTSON, SCOTT & FUCHS, P.R Jan 18,96 13:26 No.004 P.04
I. Engaging in off -duty sale, purchase, transfer, use or possession of illegal drugs
' or controlled substances may have a negative effect on an employee's ability to perform
the employee's work for the City, In such circumstances, the employee is subject to
discipline,
' J. When an employee is
i taking medically authorized drugs or other substances
which may alter job performance, as defined in C4 above, the employee is under an
' affirmative duty to notify the employee's supervisor of the employee's temporary inability
to perform the duties and responsibilities of the employee's position,
' K. The City will notify the City's police department or other appropriate law
enforcement agency when the City has reasonable suspicion to believe that an employee
' may have illegal drugs in the employee's possession at work or on City premises.
L. Employees are discouraged from consuming alcoholic beverages during lunch or
dinner meals when returning immediately thereafter to perform work on behalf of the
City. Employees are advised that, where they must continue conducting the City's
business subsequent to the intake of alcoholic beverages, they may be subject to
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2. No employee will operate, use or drive any City equipment, machinery or
vehicle while under the influence of alcohol, marijuana, controlled
substances, or other mood - altering drugs. Such employee is under an
'
affirmative duty to immediately notify the employee's supervisor that the
employee is not in an appropriate mental or physical condition to operate,
'
use or drive any City equipment, machinery or vehicle. '
3. No employee will unlawfully manufacture distribute dispense, possess,
transfer, or use a controlled substance in the workplace or wherever the
City's
work is being performed.
'
4. During work hours or while on the City's premises, no employee will use,
sell, possess or transfer alcoholic beverages,
with the following exceptions:
'
- Selling, possessing or transporting alcoholic beverages when
authorized by the City pursuant to its statutory authority to operate a
municipal liquor store.
'
- Possessing alcoholic beverages that are being transported in a City
vehicle in compliance with applicable statutory requirements.
- Possessing
alcoholic beverages while in an employee's personal
vehicle on the City's premises in compliance with applicable statutory
requirements.
No employees may engage in these excepted activities during City rest
'
breaks or during City overtime work.
I. Engaging in off -duty sale, purchase, transfer, use or possession of illegal drugs
' or controlled substances may have a negative effect on an employee's ability to perform
the employee's work for the City, In such circumstances, the employee is subject to
discipline,
' J. When an employee is
i taking medically authorized drugs or other substances
which may alter job performance, as defined in C4 above, the employee is under an
' affirmative duty to notify the employee's supervisor of the employee's temporary inability
to perform the duties and responsibilities of the employee's position,
' K. The City will notify the City's police department or other appropriate law
enforcement agency when the City has reasonable suspicion to believe that an employee
' may have illegal drugs in the employee's possession at work or on City premises.
L. Employees are discouraged from consuming alcoholic beverages during lunch or
dinner meals when returning immediately thereafter to perform work on behalf of the
City. Employees are advised that, where they must continue conducting the City's
business subsequent to the intake of alcoholic beverages, they may be subject to
}OLL7 �
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.R Jan 18,96 13:26 No.004 P.05
1
discipline, including possible discharge, when their condition or behavior adversely affects
their performance.
M. Each employee engaged in the performance of work on federal grants or
contracts is required to notify the City of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after su6h conviction.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ALCOHOL AND OTHER DRUG USE
CHAPTER TWO
' I. INTRODUCTION
In adopting these additional policy provisions the City of Chanhassen is conforming
to the Federal Highway Administration (FHWA) drug use and alcohol testing rules
published February 15, 1994, which apply to persons required to have a commercial
driver license (CDL). These provisions apply to all covered employees whose positions
' require a CDL, in addition to the provisions of the City of Chanhassen Alcohol and Other
Drug Use Policy.
II. DEFINITIONS
1
Accident means an occurrence involving a commercial motor vehicle operating on a
public road which results in: (1) a fatality; (2) bodily injury to a person who, as a result
of the injury, immediately receives medical treatment away from the scene of the
accident; or (3) one or more motor vehicles incurring disabling damage as a result of the
accident, requiring the vehicle to be transported away from the scene by a tow truck or
other vehicle. The term accident does not include: (1) an occurrence involving only
boarding and alighting from a stationary motor vehicle; (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 multipurpose passenger vehicle by a motor carrier and is not
transporting passengers for hire or hazardous materials of a type and quantity that require
the motor vehicle to be marked or placarded.
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other
low molecular weight alcohols including methyl and isopropyl alcohol.
Alcohol Concentration (or content) means the alcohol in a volume of breath
expressed in terms of grams of alcohol per 210 liters of breath as indicated by an
evidential breath test.
Alcohol Use means the consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
Appointing Authority means the City Administrator or other City officer to whom
the Administrator has delegated authority to appoint personnel.
1 29442 1
BAT (Breath Alcohol Technician) means an individual who instructs and assists '
individuals in the alcohol testing process and operates an Evidential Breath Testing Device
(EBT). '
Chain of Custody means procedures to account for the integrity of each urine
specimen by tracking its handling and storage from point of specimen collection to final '
disposition of the specimen. With respect to drug testing, these procedures shall require
that an appropriate drug testing custody form be used from time of collection to receipt
by the laboratory and that receipt by the laboratory and appropriate laboratory chain of ,
custody form(s) account(s) for the sample or sample aliquots within the laboratory.
City, City of Chanhassen, or Employer means the City of Chanhassen, Minnesota, '
acting through its City Administrator or a designee of the City Administrator.
Commerce means both of the following: 1) any trade, traffic or transportation ,
within the jurisdiction of the United States between a place and a state and a place
outside of such state, including a place outside of the United States, and 2) any trade, '
traffic and transportation in the United States which affects any trade, traffic, and
transportation described in number 1) of this definition.
Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles ,
used in commerce to transport passengers or property if the motor vehicle:
a. Has a gross combination weight rating of 26,001 or more pounds inclusive '
of a towed unit with a gross vehicle weight rating of more than 10,000
pounds; or '
b. Has a gross vehicle weight rating of 26,001 or more pounds; or
C. Is designed to transport 16 or more passengers, including the driver; or
d. Is of any size and is used in the transportation of materials found to be
hazardous for the purposes of the Hazardous Materials Transportation Act
and which require the motor vehicle to be placarded under the Hazardous
Materials Regulations. '
Confirmation Test for alcohol testing means a second test, following a screening
test with a result of .02 or greater, that provides quantitative data of alcohol '
concentration. For controlled substances testing means a second analytical procedure to
identify the presence of a specific drug or metabolite which is independent of the screen
test and which uses a different technique and chemical principle from that of the screen '
test in order to ensure reliability and accuracy. (Gas chromatography /mass spectrometry
(GC /MS) is the only authorized confirmation method for cocaine, marijuana, opiates,
amphetamines, and phencyclidine). '
Confirmation Retest for controlled substances it means a third analytical procedure '
to reconfirm the presence of a specific drug or metabolite. If the test result of the
29442 2 1
1
' primary specimen is positive, the driver may request that the MRO direct the split
specimen be tested in any difference DHHS- certified laboratory for presence of the
' drug(s).
Controlled Substance means a drug or other substance or immediate precursor,
included in schedules I, II, III, IV, or V of 21 U.S.0 § 802 as they may be revised from
time to time. The term includes, but is not limited to marijuana, cocaine, stimulants,
depressants, narcotics, hallucinogens, and may also include prescription drugs not
properly used according to physician directions, prescription drugs not being used for
prescribed purposes and prescription drugs procured by fraud.
' DHHS means the Department of Health and Human Services or any designee of the
Secretary, or the Department of Health and Human Services.
DOT Agency means an agency (or "Operating Administration ") of the United
States Department of Transportation administering regulations requiring alcohol and /or
' drug testing.
Driver means any person who operates a commercial motor vehicle. This includes,
' but is not limited to: full time, regularly employed drivers; casual, intermittent or
occasional drivers; leased drivers and independent, owner - operator contractors who are
either directly employed by or under lease to the City or who operate a commercial motor
vehicle at the direction of or with the consent of the City. For the purposes of pre-
employment /pre -duty testing only, the term driver includes a person applying to the city
to drive a commercial motor vehicle.
Drug means any substance (other than alcohol) that is a controlled substance as
defined in 49 C.F.R. Part 382 and 49 C.F.R. Part 40.
EST (Evidential Breath Testing Device) means an EBT provided by the National
Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and
' placed on NHTSA's "Conforming Products list of Evidential Breath Measurement
Devices."
Medical Review Officer ( "MRO ") means a licensed physician (medical doctor or
doctor of osteopathy) responsible for receiving laboratory results generated by an
employer's drug testing program who has knowledge of substance abuse disorders and
has appropriate medical training to interpret and evaluate a driver's confirmed positive
test result together with driver's medical history and any other relevant biomedical
' information.
Performing a Safety Sensitive Function means a driver is considered to be
' performing a safety sensitive function during any period in which the driver is actually
performing, ready to perform, or immediately available to perform any safety, sensitive
functions.
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1
e. All time loading or unloading a vehicle, supervising, or assisting in the
loading or unloading, attending a vehicle being loaded or unloaded, remaining
in readiness to operate the vehicle, or in giving or receiving receipts for
shipments loaded or unloaded; '
f. All time repairing, obtaining assistance, or remaining in attendance upon a ,
disabled vehicle.
Screening Test (or Initial Test) On alcohol testing, it means an analytical procedure
to determine whether a driver may have a prohibited concentration of alcohol in the
driver's system. In controlled substance testing, it means an immunoassay screen to
eliminate "negative" urine specimens from further consideration.
29442 4 '
Positive Test Result means a finding of the presence of a drug or the drug
metabolite or alcohol in the sample tested in levels at or above the threshhold detection
levels set by the DHHS.
'
Reasonable Suspicion means that the City believes the appearance, behavior,
speech, or body odors of a driver are indicative of the use of a controlled substance or
'
alcohol based on the observation of at least one (1) supervisor or official who has
received training in the identification of behaviors indicative of drug use.
'
Refusal to Submit to an Alcohol or Controfed Substances Test) means that a
driver 1) fails to provide adequate breath for alcohol testing, without a valid medical
explanation, after he or she has received notice of the requirement for breath testing, or
'
2) fails to provide adequate urine sample for controlled substances testing, without a
genuine inability to provide a specimen (as determined by a medical evaluation), after he
or she has received notice of the requirement for urine testing. In addition, refusal to
submit also includes conduct which clearly obstructs the testing process.
Safety Sensitive Function means any of those on -duty functions set forth in 49
,
CFR 395.2 paragraphs 1 -6 hereby reproduced:
'
a. All time at a carrier or shipper plant, terminal, facility, or other property, or
on any public property, waiting to be dispatched, unless the driver has been
relieved from duty by the City;
'
b. All time inspecting, servicing, or conditioning any commercial motor vehicle
at any time;
'
C. All driving time which shall mean all time spent at the driving controls of a
commercial motor vehicle in operation;
d. All time, other than driving time, in or upon any commercial motor vehicle
except time spent resting in a sleeper berth, which shall mean a berth
'
conforming to the requirements of federal regulations;
e. All time loading or unloading a vehicle, supervising, or assisting in the
loading or unloading, attending a vehicle being loaded or unloaded, remaining
in readiness to operate the vehicle, or in giving or receiving receipts for
shipments loaded or unloaded; '
f. All time repairing, obtaining assistance, or remaining in attendance upon a ,
disabled vehicle.
Screening Test (or Initial Test) On alcohol testing, it means an analytical procedure
to determine whether a driver may have a prohibited concentration of alcohol in the
driver's system. In controlled substance testing, it means an immunoassay screen to
eliminate "negative" urine specimens from further consideration.
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1
State of Readiness means a driver who is on call, ready to be dispatched, to
perform safety- sensitive functions while on duty.
' Substance Abuse Professional means a licensed physician (medical doctor or
doctor of osteopathy), or a licensed or certified psychologist, social worker, employee
assistance professional, or addiction counselor certified by the National Association of
Alcoholism and Drug Abuse Counselors Certification Commission who possess
knowledge of and clinical experience in the diagnosis and treatment of alcohol and
controlled substances - related disorders.
This Policy includes Chapter One for the purpose of determining whether a
violation of a prohibited act took place. If the terms of Chapter One and Chapter Two
conflict, the provisions of Chapter Two shall govern commercial motor vehicle drivers.
Ill. PROHIBITIONS
' In addition to the prohibitions set forth in Section H of Chapter One:
' A. Alcohol Concentration. No driver shall report for duty or remain on duty requiring
the performance of safety- sensitive functions while having an alcohol concentration of
0.04 or greater.
While not subject to any other penalties under Chapter 2 of this policy, or employer
discipline, no driver shall perform safety- sensitive functions, including driving a
commercial motor vehicle, where the drive is found to have an alcohol concentration of
0.02 or greater, but less than 0.04. The driver shall not perform safety- sensitive
functions until the start of the driver's next regularly scheduled duty, but not less than
twenty -four hours following administration of the test and the driver will not be
compensated during the time off.
B. Alcohol Possession. No driver shall be on duty or operate a commercial motor
vehicle while the driver possesses alcohol in any quantity, unless the alcohol is
manifested and transported as part of a shipment. This includes the possession of
medicines containing alcohol (prescriptive or over - the - counter).
' C. On -duty Use. No driver shall use alcohol while performing safety- sensitive
functions.
D. Pre -duty Use. No driver shall perform safety sensitive functions within four hours
after using alcohol.
' E. Use Following n Accident. No driver required to take a post-accident alcohol test
9 q p
shall use alcohol for eight hours following the accident, or until the driver undergoes a
' post- accident alcohol test, whichever occurs first.
' F. Refusal to Submit to a Required Alcohol or Controlled Substances Test. No driver
shall refuse to submit to a post- accident alcohol or controlled substances test, a random
1 29442 5
[ J
alcohol or controlled substances test, a reasonable suspicion alcohol or controlled '
substances test, or a follow -up alcohol or controlled substances test.
G. Controlled Substances Use. No driver shall report for duty or remain on duty '
requiring the performance of safety- sensitive functions when the driver uses any
controlled substance, except when the use is pursuant to the instructions of a physician ,
who has advised the driver that the substances does not adversely affect the driver's
ability to safely operate a commercial motor vehicle. A driver shall inform the driver's '
supervisor of any therapeutic drug use.
H. Controlled Substances Testing. No driver shall report for duty, remain on duty, or
perform a safety- sensitive function, if the driver tests positive for controlled substances.
I. City's Duty Regarding Alcohol. If the City has actual knowledge that:
1) a driver has an alcohol concentration of .04 or greater; or
2) a driver possesses unmanifested alcohol; or ,
3) a driver is using alcohol while performing safety sensitive functions; or ,
4) a driver has used alcohol within the past four hours,
5) the driver refused to submit to a test required under number six above; '
the City shall not permit the driver to perform or continue to perform safety sensitive
functions.
If the City has actual knowledge that a driver possesses alcohol, it shall not permit
the driver to continue to drive a commercial motor vehicle. ,
J. City's Duty Concerning Controlled Substances. If the City has actual knowledge
that: ,
1) a driver has used a controlled substance (except when the use is pursuant to
the written instructions of a physician); or '
2) a driver has tested positive for controlled substances; or
3 ) a driver refuses to submit to mandated controlled substance tests; '
the City shall not permit the driver to perform or continue to perform safety sensitive
functions.
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IV. REQUIRED EMPLOYER TESTING
' A. Pre - employment Testing.
1. Application Prior to the first time a driver performs safety- sensitive
' functions for the City, the driver shall undergo testing for controlled
substances. For purposes of this subsection on pre - employment testing, the
' term driver includes, but is not limited to, a person applying to the City to
drive a commercial motor vehicle, a person who has recently obtained a
commercial driver's license or a person who has been reassigned or
' promoted into a position that requires the performance of safety- sensitive
functions. Any job offer, reassignment or promotion to drive a commercial
motor vehicle shall be contingent upon a negative controlled substance test
report and the applicant's written agreement authorizing former employers to
release to the City all information on the applicant's positive controlled
substances test results, and refusals to be tested, within the preceding two
' years.
Drivers coming off of a layoff must have pre - employment tests unless
they have been in a drug testing program within the last thirty (30) days
and /or an alcohol testing program in the last six (6) months.
If the City uses, but does not employ, a driver more than once a year,
the City must assure itself once every six months that the driver participates
in an alcohol and controlled substances testing program(s) that meet the
requirements of this policy.
2. Exception The City is not required to perform a pre - employment controlled
substance test if:
a. The driver participated in a controlled substances testing program in
' conformity with this policy within the previous 30 days; and
b. While participating in that program, either
i) Was tested for controlled substances within the past 6 months
(from the date of application with the City); or
ii) Participated in a random controlled substances testing program
p 9 ram p 9
for the previous 12 months (from the date of application with
the City); and
C. The City ensures that no prior employer of the driver of which the City
has knowledge has records indicating the driver has violated this
policy or another DOT regulation within the previous six months; and
1 29442 7
d. The City contacts the controlled substance testing program in which
the driver participated to verify the foregoing requirements were
observed. '
3. Required Information In the event the City proceeds under the exception to
pre - employment controlled substances testing, the City shall obtain the
following information from the testing program(s):
a. Name(s) and address(es) of the program(s). '
b. Verification that the driver participated in the program(s). '
C. Verification that the program(s) conform to part 40 of Title 49.
d. Verification that the driver is qualified under the rules of 49 C.F.R. r
382, including that the driver has not refused to be tested for
controlled substances. ,
e. The date the driver was last tested for controlled substances.
f. The results of any tests taken within the previous six months and any ,
other violations of subpart B of 49 C.F.R. 382.
Post - Accident Testing.
1. Drivers Tested As soon as practicable following an accident as defined in
'
Section II, involving a commercial motor vehicle, the City shall test for
alcohol and controlled substances each surviving driver:
'
a. Who was performing safety sensitive functions with respect to the
vehicle, if the accident involved the loss of human life; or
,
b. Who receives a citation under State or local law for a moving traffic
violation arising from the accident.
'
2. Alcohol Tests If a test required by this section is not administered within
two hours following the accident, the City 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 with eight hours following
the accident, the City shall cease attempts to administer an alcohol test and
shall prepare and maintain the same record. Records shall be submitted to
'
the Federal Highways Administration (FHWA) upon request of the Associate
Administrator.
'
3. Controlled Substances Tests If a test required by this section is not
administered within thirty -two hours following the accident, the City shall
cease attempts to administer a controlled substances test, and prepare and
'
29442 8 1
1
maintain on file a record stating the reasons the test was not promptly
administered. Records shall be submitted to the FHWA upon request of the
Associate Administrator.
4. Readily Available A driver who is subject to post- accident testing shall
remain readily available for such testing or may be deemed by the City 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.
5. Post - accident Information The City 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.
6. Law Enforcement Test Results The City may use the results from any
breath or blood alcohol test or controlled substance urine test given by a
peace officer in accordance with law.
C. Random Testing
1 1 . Minimum Annual Percentage Rate
t
C!
a. Alcohol Testing The minimum annual percentage rate for random
alcohol testing shall be twenty -five percent (25 %) of the number of
drivers each selection period.
b. Controlled Substance Testing The minimum annual percentage rate
for random controlled substances testing shall be fifty percent (50 %)
of the number of drivers each selection period.
C. Exceptions The FHWA Administrator may increase or decrease the
minimum annual percentage rate for alcohol testing applicable January
1 of the calendar year following publication.
2. Selection of Drivers The selection of drivers for random alcohol and
controlled substances testing shall be made by a scientifically valid method,
such as a random number table or a computer -based random number
generator that is matched with drivers' Social Security numbers, payroll
identification numbers, or other comparable identifying numbers. Under the
selection process used, each driver shall have an equal chance of being
tested each time selections are made.
3. Number of Drivers Selected The City shall randomly select a sufficient
number of drivers for testing during each calendar year to equal an annual
29442 9
FBI
rate not less than the minimum annual percentage rate for random alcohol
and controlled substances testing determined by the FHWA.
4. Notice Regarding Tests The random alcohol and controlled substances
tests conducted shall be unannounced and the dates for administering
random alcohol and controlled substances test shall be spread reasonably
throughout the calendar year.
5. Test Immediacy Each driver who is notified of selection for random alcohol
and /or controlled substances testing shall proceed to the test site
immediately; provided, however, that if the driver is performing a safety-
sensitive function at the time of notification, the driver shall cease to
'
perform the safety- sensitive function and proceed to the testing site as soon
as possible.
6. Timing of Test A driver shall only be tested for alcohol while the driver is
performing safety- sensitive functions, just before the driver is to perform
safety- sensitive functions, or just after the driver has ceased performing
such functions.
Reasonable Suspicion Testing
1 . City's Determination of Reasonable Suspicion of Alcohol or Controlled
Substance Violations A driver shall submit to a controlled substance or an
alcohol test when the City has reasonable suspicion to believe that the driver
has violated the prohibitions concerning alcohol, except for III B. (Alcohol
Possession), or controlled substances. The determination that reasonable
suspicion exists to require the driver to undergo an alcohol or controlled
substance test shall be based on specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech or body odors of
the driver. The observations may include indications of the chronic and
withdrawal effects of controlled substances. I
2. Trained Supervisor of Employee A trained supervisor or City official shall
make the required observations for alcohol and /or controlled substances for
reasonable suspicion testing. The person who makes the determination that
reasonable suspicion exists to conduct an alcohol test shall not conduct the
alcohol test of the driver.
3. Timing of Reasonable Suspicion Observations Alcohol testing is authorized
only when the observations are made during, just preceding, or just after the '
period of work day that the driver is required to be in compliance. A driver
may be directed by the City to only undergo reasonable suspicion testing '
while the driver is performing safety- sensitive functions, just before the
driver is to perform safety- sensitive functions, or dust after the driver has
ceased performing such functions. ,
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4. Prompt Administration of Test If an alcohol test is not administered within
two (2) hours following the determination, the City shall prepare and
maintain on file a record stating the reasons the alcohol test was not
promptly administered. If an alcohol test is not administered within eight (8)
hours following the determination, the City shall cease attempts to
administer an alcohol test and shall state in the record the reasons for not
administering the test.
prohibitions concerning the use of alcohol.
Except as provided above, the City shall not take any action against a
driver based solely on the driver's behavior and appearance, with respect to
alcohol use, in the absence of an alcohol test. This does not prohibit the City
from taking any action otherwise consistent with law.
6. Written Records of Observations A written record shall be made of the
° observations leading to a controlled substance reasonable suspicion test, and
signed by the supervisor or City official who made the observations, within
twenty -four (24) hours of the observed behavior or before the results of the
controlled substances test are released, whichever is earlier.
E. Return -To -Duty Testing
1 . Alcohol Test The City shall ensure that before a driver returns to duty
requiring the performance of a safety- sensitive function after engaging in
prohibited conduct concerning alcohol, the driver shall undergo a return -to-
duty alcohol test with a result indicating an alcohol concentration of less
than 0.02.
2. Controlled Substances Test The City shall ensure that before a driver
returns to duty requiring the performance of a safety- sensitive function after
engaging in prohibited conduct concerning controlled substances, the driver
shall undergo a return -to -duty controlled substances test with a result
' indicating a verified negative result for controlled substances use.
1 29442 11
5. Under the Influence Prohibitions Notwithstanding the absence of a
reasonable suspicion alcohol test, a driver shall not report for duty or remain
'
on duty requiring the performance of safety- sensitive functions while under
the influence of or impaired by alcohol, as shown by the behavioral, speech,
and performance indicators of alcohol misuse, nor shall the City permit the
driver to perform or continue to perform safety- sensitive functions, until:
a. An alcohol test is administered and the driver's alcohol concentration
measures less than 0.02; or
b. Twenty -four (24) hours have elapsed following the determination that
1
there is reasonable suspicion to believe that the driver has violated the
prohibitions concerning the use of alcohol.
Except as provided above, the City shall not take any action against a
driver based solely on the driver's behavior and appearance, with respect to
alcohol use, in the absence of an alcohol test. This does not prohibit the City
from taking any action otherwise consistent with law.
6. Written Records of Observations A written record shall be made of the
° observations leading to a controlled substance reasonable suspicion test, and
signed by the supervisor or City official who made the observations, within
twenty -four (24) hours of the observed behavior or before the results of the
controlled substances test are released, whichever is earlier.
E. Return -To -Duty Testing
1 . Alcohol Test The City shall ensure that before a driver returns to duty
requiring the performance of a safety- sensitive function after engaging in
prohibited conduct concerning alcohol, the driver shall undergo a return -to-
duty alcohol test with a result indicating an alcohol concentration of less
than 0.02.
2. Controlled Substances Test The City shall ensure that before a driver
returns to duty requiring the performance of a safety- sensitive function after
engaging in prohibited conduct concerning controlled substances, the driver
shall undergo a return -to -duty controlled substances test with a result
' indicating a verified negative result for controlled substances use.
1 29442 11
F. Follow -up Testing I
1. Follow -Up Alcohol and /or Controlled Substance Test Following a
determination that a driver is in need of assistance in resolving problems
associated with alcohol misuse and /or use of contralled substances, the City
shall ensure that the driver is subject to unannounced follow -up alcohol
and /or controlled substances testing as directed by a substance abuse
professional.
2. Timing f Follow-Up to Alcohol Test Follow- alcohol testing shall be '
9 p p g
conducted only when the driver is performing safety- sensitive functions, just ,
before the driver is to perform safety- sensitive functions, or just after the
driver has ceased performing safety- sensitive functions.
V. GENERAL PROCEDURES FOR TESTING
A. Notification Form. Before requesting a driver to undergo drug or alcohol testing,
the City shall provide the driver with a form on which the driver will:
1 . acknowledge that the driver has seen a copy of the City's drug and alcohol
testing policy;
2. indicate any over - the - counter or prescription medications that the driver is
currently taking or has taken within the last month and any information
relevant to the reliability of, or explanation for, a positive -test result; and
3. indicate consent to undergo the drug and /or alcohol testing.
B. Medical Facility Consent Form. The employee must also indicate consent to
undergo the drug and alcohol testing on any consent forms provided by the medical
facility taking the sample or breath alcohol technician (BAT).
C. Test Sample (Drug). The test sample shall be obtained in a private setting, and the
procedures for taking the sample shall ensure privacy to employees to the extent
practicable, consistent with the prevention of tampering with the sample, and shall
confirm with applicable FHWA rules. All test samples shall be obtained by or under the
direct supervision of a health care professional.
D. Identification of Samples. Each sample shall be sealed into a suitable container
free of any contamination that could affect test results, immediately labeled with a
specimen identification number, initialed by the employee, and dated by the person
witnessing the sample.
E. Chain of Custody. The City and certified laboratory shall develop and maintain a
clear and well documented procedure for collection, shipment and accessioning of urine
specimens in accordance with 49 CFR 40. Such procedure shall include the use of the
Drug Testing Custody and Control Form required by the FHWA.
L�
29442 12 1
F. Laboratory. All drug testing shall use the services of a testing laboratory certified
by the Substance Abuse & Mental Health Services Administration (SAMHSA), former
' NIDA, of the Department of Health and Human Services (DHHS). However, no test shall
be conducted by a testing laboratory owned and operated by the City of Chanhassen.
G. Methods of Analysis. The testing laboratory shall use methods of analysis and
procedures to ensure reliable drug and alcohol testing results, including standards for
initial screening tests and confirmatory tests. For positive alcohol test result using an
EBT a confirmation test shall be conducted no sooner than fifteen minutes after the initial
test. In all other cases, the method of analysis shall use immuno - chemical technology or
chromatography for initial screening tests; and the confirmation must be by gas
chromatography /mass spectrometry. Except where gas chromatography /mass
spectrometry is not the scientifically- accepted method of choice, the test must be
confirmed by a method using some form of chromatography.
H. Retention and Storage. Retention and storage procedures shall comply with the
rules adopted by the FHWA. All samples, except breath samples, from an initial
screening test, that produced a positive -test result shall be retained and properly stored
for at least six (6) months.
I. MRO's Employee Contact. On a confirmed positive drug test MRO shall make a
reasonable attempt to contact employee to confirm circumstances and verify claims of
prescribed medication. If MRO is unable to contact employee the MRO shall contact the
employer representative who will direct the employee to contact the MRO.
J. MRO Report. The MRO shall prepare a written report indicating the drugs or their
metabolites tested for, the types of tests conducted, and whether the test produced
negative or positive test results. The MRO shall disclose the results to the employer
within three (3) working days after obtaining the final test result.
K. Test Results Notification. The employer shall, within three (3) working days after
receipt of test result report from MRO, notify the employee of the results of random,
reasonable suspicion and post- accident tests for controlled substances if the test results
are verified positive. The employer shall also inform the employee which controlled
substances were verified positive.
I VI. PROCEDURES FOR CONTROLLED SUBSTANCE TESTING
I a
Split Specimen Procedure.
The City is required to use the "split sample" method of collection for
drivers.
2. The collection site person shall pour the urine into two specimen bottles.
Thirty (30) ml shall be poured into one bottle to be used as the primary
29442 13
a
9. If the result of the test of the split specimen fails to reconfirm the presence
of the drug(s) or drug metabolite(s) found in the primary specimen, the MRO
shall cancel the test, and report the cancellation and the reasons for it to the
DOT, the City, and the driver.
10. If the result of the primary specimen is positive, the laboratory shall retain
the split specimen in frozen storage for 60 days from the date on which the
laboratory acquires it. Following the end of the 60 -day period, if not
informed by the MRO that the employee has requested a test of the split
specimen, the laboratory may discard the split specimen.
29442 14 1
specimen. At least 15 ml shall be poured into the other bottle, to be used
as the split specimen.
3.
If the driver is unable to p rovide the appropriate quantity of urine, the
collection site person shall instruct the driver to drink not more than 24
ounces of fluid and, after a period of no more than two hours, again attempt
to provide a complete sample. If the driver is still unable to provide a
complete sample, the testing shall be discontinued and the City notified.
The MRO shall refer the driver for a medical evaluation to determine if the
driver's inability to provide a specimen is genuine or constitutes a refusal to
test. For pre - employment testing, the City may elect to not have the referral
made and revoke the employment offer.
4.
Both bottles shall be shipped in a single shipping container, together with
copies 1, 2, and the split specimen copy of the chain of custody form, to
the laboratory.
5.
If the test result of the primary specimen is positive, the employee may
request that the MRO direct that the split specimen be tested in a different
DHHS- certified laboratory for presence of the drug(s) for which a positive
result was obtained in the test of the primary specimen. The MRO shall
honor such a request if it is made within 72 hours of the driver having been
notified of a verified positive test result.
6.
When the MRO informs the laboratory in writing that the employee has
requested a test of the split specimen, the laboratory shall forward, to a
different DHHS- approved laboratory, the split specimen bottle, with seal
intact, a coy of the MRO request, and the split specimen copy of the chain
of custody entries.
7.
The result of the test of the split specimen is transmitted by the second
laboratory to the MRO.
8.
Action required by the regulations as the result of a positive drug test (e.g.
removal from performing a safety - sensitive function) is not stayed pending
the result of the test of the split specimen.
9. If the result of the test of the split specimen fails to reconfirm the presence
of the drug(s) or drug metabolite(s) found in the primary specimen, the MRO
shall cancel the test, and report the cancellation and the reasons for it to the
DOT, the City, and the driver.
10. If the result of the primary specimen is positive, the laboratory shall retain
the split specimen in frozen storage for 60 days from the date on which the
laboratory acquires it. Following the end of the 60 -day period, if not
informed by the MRO that the employee has requested a test of the split
specimen, the laboratory may discard the split specimen.
29442 14 1
1 1. When directed in writing by the MRO.to forward the split specimen to
another DHHS- certified laboratory for analysis, the second laboratory shall
analyze the split specimen by Gas Chromatography /Mass Spectrometry to
reconfirm the presence of the drug(s) or drug metabolite(s) found in the
primary specimen. The split specimen shall be retained in long -term storage
for one year by the laboratory conducting the analysis of the split specimen.
B. Reporting and Review of Results.
1. MRO Shall Review Confirmed Positive Results Prior to making final
al
decision to verify a driver's positive result, the MRO shall give the driver an
opportunity to discuss the test result.
2. Contact Driver The MRO shall contact the driver on a confidential basis
regarding the positive test result.
3. MRO Unable to Contact Driver If the MRO is unable to reach the driver
directly, after making all reasonable efforts and documenting them, the MRO
shall contact a designated City contact person who shall direct the driver to
contact the MRO immediately. If the City contact person is unable to
contact the driver, the driver will be placed on temporary medically
unqualified status.
Fl
1
4. MRO May Verify Positive Test The MRO may verify a test positive without
having communicated directly with the driver about the test results under
the following circumstances: a) the driver expressly declines the opportunity
to discuss the test results; b) the driver has not contacted the MRO within
five days of being instructed to do so by the City.
5. Referral Following verification of a positive result, the MRO shall refer the
case to the City's employee assistance or rehabilitation program if
applicable, to the City Administrator, or both.
6. Confirmation Test The MRO shall notify each driver who has a confirmed
positive test that the employee has 72 hours in which to request a test of
the split specimen if the test if verified as positive. The driver is responsible
for all costs associated with the confirmatory retest unless results are
negative. If the driver requests an analysis of the split specimen with 72
hours of having been informed of a verified positive test, the MRO shall
direct, in writing the laboratory to provide the split specimen to another
DHHS- certified laboratory for analysis. If the analysis of the split specimen
fails to reconfirm the presence of the drug(s) or metabolite(s) found in the
primary specimen, or if the split specimen is unavailable, inadequate for
testing or untestable, the MRO shall cancel the test and report cancellation
and the reasons for it to the DOT, the City, and the driver.
1 29442 15
7. Driver's Failure to Contact MRO If the driver has not contacted the MRO
within 72 hours, the driver may present to the MRO information
documenting that serious illness, injury, inability to contact the MRO, lack of
actual notice of the verified positive test, or other circumstances .
unavoidably prevented the driver from timely contact the MRO. If the MRO
concludes that there is a legitimate explanation for the driver's failure to
contact the MRO within 72 hours, the MRO shall direct the analysis of the
split specimen, as applicable, be performed.
VII. PROCEDURES FOR ALCOHOL TESTING
A. General. The FHWA alcohol test rules require breath testing administered by a
Breath Alcohol Technician ( "BAT ") using and Evidential Breath Testing Device ( "EBT ").
Two breath tests are required to determine if a person has a prohibited alcohol
concentration. Any result less than 0.02 alcohol concentration is considered a
"negative" test. If the alcohol concentration is 0.02 or greater, a second confirmation
test must be conducted. Alcohol test results are reported directly to the designated
City contact person.
B. Breath Alcohol Technician ( "BAT "). The BAT shall be trained to the proficiency in ,
operation of the Evidential Breath Testing Device ( "EBT ") and the alcohol testing
procedures required under 49 C.F.R. 40. A BAT - qualified supervisor of a driver may
conduct the driver's alcohol test, but only if another BAT is unable to perform the test in
a timely manner. The BAT shall comply with the testing procedures required under 49
C.F.R. 40, Subpart C, and, in the event of the use of a non - evidential screening test,
Subpart D.
C. EBT Device. I
1. Screening Test The City shall use only an EBT for a screening test.
2. Confirmation Test The City shall use only an EBT that meets the
requirements under 49 C.F.R. 40 for a confirmation test.
3. Quality Assurance Plan The EBT used in either the screening or ,
confirmation alcohol test shall have a quality assurance plan developed by
the manufacturer that conforms to the requirements under 49 C.F.R. 40 and
has been approved by the National Highway Traffic Safety Administration
(NHTSA). The City shall comply with the NHTSA- approved quality
assurance plan for each EBT it uses and the requirements of 49 C.F.R. 40. 1
D. Locations for Breath Alcohol Testing. I
1 . The City shall conduct alcohol testing in a location that affords visual and
aural privacy to the driver being tested. No unauthorized person shall be
permitted access to the testing location when the EBT is unsecured or at
29442 16
u
any time when testing is being conducted. In unusual cases (e.g. essential
to conduct a test outdoors at scene of accident), the location requirements
need not be followed.
2. The BAT shall supervise only one driver's use of EBT at a time and shall not
leave the location while the testing procedure for a given driver is in
progress.
E. Breath Alcohol Testing Form. The City shall use the Breath Alcohol Testing form
required by the FHWA, to be used in triplicate.
F. Preparation for Breath Alcohol Testing. The BAT shall require positive identification
of driver upon driver entering testing location (through use of photo identification card or
identification by a City representative) and BAT shall explain the testing procedure to the
driver.
G. Screening Test.
1 . BAT shall complete Step 1 on BAT form and driver shall complete Step 2
and sign certification. Refusal to sign certification shall be regarded as a
refusal to test.
2. An individually - sealed mouthpiece shall be opened in view of the driver and
BAT and attached to the EBT in accordance with the manufacturer's
instructions.
�! 3. BAT shall instruct Driver to blow forcefully into mouthpiece for at least 6
seconds or until EBT indicates adequate amount of breath was obtained.
4. If EBT meets the requirements of 49 CFR § 40.53(b)(1) -(3), the BAT and
driver shall read sequential test number displayed by EBT prior to
administering test. The BAT shall record the displayed result, test number,
testing device, serial number of device, and time in Step 3 of the Form.
5. If EBT does not meet the requirements of 49 CFR § 40.53(b)(1) -(3), the BAT
shall show the driver the result. The BAT shall record the result, test
number, testing device, serial number of testing device, time and quantified
resulting Step 3 of Form.
6. Result less than 0.02 No further testing is authorized. The BAT shall date
the Form and sign the certification in Step 3 of the Form. The driver shall
date and sign the certification in Step 4 of the Form. Failure of the driver to
sign the certification shall not be considered a refusal to test.
7. Invalid Result Occurs when result rin
p ted by EBT does not match the
displayed result, or if sequential test number printed by the EBT does not
match the sequential test number displayed by the EBT prior to screening.
1 29442 17
L1
8. Result Greater Than 0.02 Requires a confirmation test. I
H. Confirmation Test.
1. New BAT If confirmation test is conducted by a BAT who did not conduct
the screening test, the new BAT shall follow the steps required for a
screening test under 49 CFR 40.61 and shall use a new Alcohol Breath Test
Form.
2. Waiting Period Confirmation test shall be conducted after 15 and within 30
minutes from the completion of the screening test. ..
3. New Mouthpiece The procedures set forth in Section G.1 -3 shall be
followed in all cases and a new mouthpiece shall be used.
4. External Calibration Check Prior to administering test for each driver, BAT
shall conduct an external calibration check to verify that an air blank results
in a reading of 0.00 and shall ensure that both the BAT and driver read the
sequential test number displayed by the EBT.
5. Results BAT shall show the driver the EBT result and if the result is not
printed directly onto the Form, the BAT shall affix the result to the Form
using a method that will provide clear evidence of removal (e.g., tamper -
evident tape).
6. Completion of Test BAT shall date the form and sign the certification in
Step 3 of the Form and driver shall sign the certification and fill in the date
in Step 4. Failure to sign the certification in Step 4 shall not be considered a
refusal to test.
I. Final Result. In the event the screening and confirmation test results are not
identical, the confirmation test result is deemed to be the final result upon which any
action shall be based.
J. Inadequate Amount of Breath. If the driver attempts and fails to provide and
adequate amount of breath, the City will direct the driver to obtain a written evaluation
from a licensed physician to determine if the driver's inability to provide a specimen is
genuine or constitutes a refusal to test.
K. Notification of City. BAT shall immediately transmit all test results to the City in a
confidential manner in writing (Copy 1 of Form), in person, by telephone or electronic
means. In initial transmission is not in writing, the BAT shall follow the initial
transmission by providing the City with Copy 1 of the Form. The City shall verify identity
of BAT if the initial transmission is not in writing.
29442 18 1
VIII. HANDLING OF TEST RESULTS,
RECORD RETENTION AND CONFIDENTIALITY
A. Retention. Records of alcohol and controlled substances tests and results will be
maintained in accordance with FHWA regulations. Documents will be retained according
to the following schedule:
2 Years Records related to the collection process
(except calibration and required training)
Documentation of the City's compliance with the quality
assurance plan for each EBT
Records of training and proficiency testing of each BAT
Log books required under 49 CFR 40
Records regarding the inspection and maintenance of each EBT
1 Year Negative and cancelled controlled substance
test results
1 Year Alcohol test results indicating a breath
alcohol concentration less than 0.02
1 The City will maintain all specific types of records which are required to be
maintained by the FHWA as provided in 49 C.F.R. 382.401(c).
i The records shall be made available for inspection by the FHWA upon two business
days notice.
I
1 29442 19
5 Years Alcohol test results indicating a breath
concentration of 0.02 or greater
Verified positive controlled substance test results
Refusals to submit to required alcohol or
controlled substances test results
Required calibration of evidential breath
testing devices ( "EBTs ")
Driver evaluations and referrals
Annual Calendar Year summary
2 Years Records related to the collection process
(except calibration and required training)
Documentation of the City's compliance with the quality
assurance plan for each EBT
Records of training and proficiency testing of each BAT
Log books required under 49 CFR 40
Records regarding the inspection and maintenance of each EBT
1 Year Negative and cancelled controlled substance
test results
1 Year Alcohol test results indicating a breath
alcohol concentration less than 0.02
1 The City will maintain all specific types of records which are required to be
maintained by the FHWA as provided in 49 C.F.R. 382.401(c).
i The records shall be made available for inspection by the FHWA upon two business
days notice.
I
1 29442 19
B. Reports. The City will prepare and maintain a summary of the results of its alcohol
and controlled substances testing programs performed during the previous calendar year
when requested by the Secretary of Transportation, any DOT agency, or any State or
local officials with regulatory authority over the City or its drivers.
C. Confidentiality. The City shall maintain records in a secure manner and not release
driver information contained in records required to be maintained under 49 C.F.R. section
382.401 except as required bylaw or authorized or required by 49 C.F.R. section
382.405 as follows:
1 . The employee upon request;
2. Federal, state or local regulatory officials;
3. The National Transportation Safety Board as part of an investigation;
4. A subsequent employer upon request of a driver;
5. A decision maker in litigation or other proceedings;
6. A person named in a release signed by the driver.
IX. CONSEQUENCES FOR DRIVERS
ENGAGING IN SUBSTANCE USE - RELATED CONDUCT
A. Discipline. A violation of any of the terms of Section III of this policy may be
grounds for disciplinary action.
B. Removal. A driver determined to have violated any prohibition in Section III this
policy (except alcohol content of less than 0.04) shall be immediately removed from the
safety sensitive function.
C. Referral. A driver determined to have engaged in conduct prohibited by Section III
of this policy (except alcohol content of less than 0.04) shall be referred to and evaluated
by a substance abuse professional in accordance with the procedure set forth in Section
X, paragraph C.
D. Penalties. A civil penalty of up to $1,000 may be imposed on the driver by the
Department of Transportation for violating the rules set forth in this policy. A fine of up
to $10,000 may be imposed on the City for violating these rules.
E. Other alcohol related conduct. A driver tested under part V who is found to have
an alcohol concentration between .02 and .04 shall not perform or continue to perform
safety sensitive functions for an employer, including driving a commercial motor vehicle,
until the start of the driver's next regularly scheduled duty period, but not less than 24
hours following administration of the test.
29442 20 1
t
F. Refusal to submit to a required test. A driver who refuses to submit to a require
test shall be subject to paragraphs A and C above as appropriate.
The Federal Highway Administration will disqualify drivers for one year, under the
procedures in 49 CFR 386, if a driver refuses to submit to a post- accident test after a
fatal accident.
An applicant's refusal to submit to a pre - employment test precludes hiring the
applicant. A driver's refusal to submit to a return -to -duty test precludes a return to duty.
G. Pre - employment Tests. The appointing authority will not withdraw an offer of
employment or promotion to a driver position made contingent on the job applicant
passing drug testing based on a positive test result form an initial screening test that has
not been verified by a confirmatory test. Where there has been a positive test result in a
confirmatory test and in any confirmatory retest, the appointing authority will withdraw
the contingent offer of employment or promotion to a driver position of the City
determines in accordance with the Minnesota Human Rights Act that drug usage or
abuse prevents the job applicant from performing the safety- sensitive functions of the job
in question.
H. Other Tests. The appointing authority will not discharge, discipline, discriminate
against, or request or require rehabilitation of a driver solely on the basis of a positive test
result from a screening test that has not been verified by a confirmatory test. Where
there has been a positive test result in a confirmatory test and in any confirmatory retest,
the City may do the following:
1 . First Positive Test Result Give the driver an opportunity to participate in
either a drug or alcohol counseling or rehabilitation program, whichever is
more appropriate. The City, through its Employee Assistance Program, may
determine which program is more appropriate after consultation with a
Substance Abuse Professional or physician trained in the diagnosis and
treatment of chemical dependency. Participation in a counseling or
rehabilitation program will be at the driver's own expense or pursuant to
coverage under the driver's own benefit plan. If the driver either refuses to
participate in the counseling or rehabilitation program or fails to successfully
complete the program as evidenced by withdrawal from the program before
completion or by a positive test result on a confirmatory test after
completion of the program, and alcohol or drug abuse prevents the driver
from performing the safety- sensitive functions of the job in question, the
department director will recommend to the City Administrator that the driver
be discharged from employment.
2. Second Positive Test Result Where alcohol or drug abuse prevents the
driver from performing the safety- sensitive functions of the job in question,
the department director will recommend to the City Administrator that the
driver be disciplined; including, but not limited to, discharge from
employment. The driver, whether discharged or not, will have access to the
1 29442 21
City's Employee Assistance Program for evaluation and referral in resolving
problems with alcohol misuse and controlled substance use.
3. Suspensions and Transfers Notwithstanding any other provisions herein,
the City may temporarily suspend the tested employee with pay for up to 90
days or transfer that employee to another position at the same rate of pay
pending the outcome of the confirmatory test, and if requested, the
confirmatory retest. (controlled substances only), provided the City believes
that it is reasonably necessary to protect the health or safety of the driver,
co- employees, or the public.
4. Other Misconduct Nothing in this policy limits the right of the City to
discipline or discharge a driver on grounds other than a positive test result in
a confirmatory test, including conviction of any criminal drug statute for a
violation occurring in the workplace.
I. Penalties. Criminal penalties shall be prescribed by 49 U.S.C. Sec. 521 (b)(2),
which provides that an employee who knowingly and willfully violates the Omnibus
Transportation Employee Testing Act while operating a commercial motor vehicle by
activities that have led or could have led to death or serious injury to the statutory
criminal sanctions.
X. INFORMATION, TRAINING AND REFERRAL
A. Educational Materials and Policy. The City shall distribute educational materials
regarding alcohol and controlled substances testing and the City's policy to each driver
prior to the start of alcohol and controlled substances testing and to each driver
subsequently hired or transferred to a position requiring driving of a commercial motor
vehicle. The driver shall sign a statement certifying that the driver received the materials
A copy of the original certificate shall be maintained by the City.
B. Training for Supervisors. Persons designated to determine whether reasonable
suspicion exists to require a driver to undergo testing shall receive at least 60 minutes of
training on alcohol misuse and an additional 60 minutes of training on controlled
substances use. The training shall cover the physical, behavioral, speech, and
performance indicators of probable alcohol misuse and use of controlled substances.
C. Referral, Evaluation and Treatment.
1. Resource Advisory The City shall advise any driver who has violated
Chapter Two of this policy of the resources available to the driver in
evaluating and resolving problems associated with the misuse of alcohol and
the use of controlled substances. The City shall provide the driver with
names, addresses, and telephone numbers of substance abuse professionals
and counselling and treatment programs.
29442 22 1
` 4. Conflict of Interest of Substance Abuse Professional If the City decides to
provide the requisite evaluation and rehabilitation functions, the City can not
allow the substance abuse professional to refer patients to the professional's
' private practice or to an outfit from which the professional receives
remuneration.
' 5. Inapplicability of Section to Pre - employment tests The requirements of this
Section with respect to referral, evaluation, and rehabilitation do not apply to
applicants who refuse to submit to pre - employment testing.
—J
1 29442 23
2. Evaluation by a Substance Abuse Professional Each driver who engages in
conduct prohibited by federal law and this policy shall be evaluated by a
substance abuse professional who shall determine what assistance, if any,
the driver needs in resolving problems associated with alcohol misuse and
controlled substances use.
3. Return -to -Duty
a. Before a driver returns to duty requiring the performance of a safety
sensitive function after engaging in conduct prohibited by Section III
1
of this policy, the driver shall undergo a return -to -duty alcohol test
with a result indicating an alcohol concentration of less than .02 if the
conduct involved alcohol, or a controlled substances test with a
verified negative result if the conduct involved a controlled substance.
b. In addition to the previous paragraph, each driver identified as needing
assistance in resolving chemical problems:
i) shall be evaluated by a substance abuse professional to
determine that the driver has properly followed any
'
rehabilitation program prescribed under paragraph B of this
section, and
ii) shall be subject to unannounced follow -up tests administered
by the City following the driver's return to duty. The City shall
follow the testing frequency and methodology requirements of
49 CFR 382.605.
` 4. Conflict of Interest of Substance Abuse Professional If the City decides to
provide the requisite evaluation and rehabilitation functions, the City can not
allow the substance abuse professional to refer patients to the professional's
' private practice or to an outfit from which the professional receives
remuneration.
' 5. Inapplicability of Section to Pre - employment tests The requirements of this
Section with respect to referral, evaluation, and rehabilitation do not apply to
applicants who refuse to submit to pre - employment testing.
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