Alcohol and Drug Use Policy
Alcohol and Other Drug Use Policy
Table of Contents
Chapter One
Policy 1
Chapter Two
I. Introduction 4
II. Definitions 4
III. Prohibitions 7
IV. Required Employer Testing 8
V. General Procedures for Testing 13
VI Procedures for Controlled Substance Testing 15
VII. Procedures for Alcohol Testing 17
VIII. Handling of Test Results, Records Retention & Confidentiality 20
IX. Consequences for Drivers Engaging in Substance Use-Related Conduct 21
X. Information, Training and Referral 23
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CITY OF CHANHASSEN
CARVER AND HENNEPIN 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 to 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.
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.
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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 Federal Drug-
Free Workplace Act of 1988, 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
it 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;
1. 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.
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.
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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 the City’s premises, no employee will use, sell,
possessor 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 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 policy 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 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 such 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 DCL, in
addition to the provisions of the City of Chanhassen Alcohol and Other Drug Use Policy.
II. DEFINITIONS
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 City Administrator or other City officer to whom the Administrator
has delegated authority to appoint personnel.
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.
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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 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 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.C § 812 as they may be revised from time to
time.
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 of who operate a commercial motor vehicle at the direction of or
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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. Park 382 and 49 C.F.R. Park 40.
Medical Review Officer (“MRO”) means a licensed physician (medical doctor or doctor
or osteopathy reasonable 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.
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 Controlled 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, 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 plan, terminal facility, or other property, or on any
public property, waiting to be dispatched, unless the driver has been relieved from
duty by the motor carrier;
b. All time inspecting, servicing or conditioning any commercial motor vehicle at any
time;
c. All driving time as defined in the term driving time in this section;
d. All time, other than driving time, in or upon any commercial motor vehicle except
time spent resting in a sleeper berth as defined by the term sleeper berth of this
section;
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;
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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.
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 addition 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.
III. PROHIBITIONS
In addition to the prohibitions set forth in Section 7 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.
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.
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 an Accident
. No driver required to take a post-accident alcohol test 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 alcohol
or controlled substances test, a reasonable suspicion alcohol or controlled substances test, or a
follow-up alcohol or controlled substances test.
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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.
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 p7urposes
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 promote 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
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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.
Driver 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 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
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.
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d. Verification that the driver is qualified under the rules of 49 C.F.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.
B. Post-Accident Testing.
1. Drivers Tested. As soon as practicable following an accident 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 maintain on file a records
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 fo
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.
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6. Law Enforcement Test Results. The City may use the results from any breath or
blood alcohol test or controlled substances urine test given by a peace officer in
accordance with law.
C. Random Testing.
1. Minimum Annual Percentage Rate.
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 Substances 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 rate not less
than the mini8mum annual percentage rate for random alcohol and controlled
substances testing determined by the FHWA Administration.
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.
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D. Reasonable Suspicion Testing
1. City’s Determination of Reasonable Suspicion of Alcohol Violations. A driver
shall submit to an alcohol test when the City has reasonable suspicion to believe
that the driver has violated the prohibitions concerning alcohol, except for
111.1.2. (Alcohol Possession). The determination that reasonable suspicion
exists to require the driver to undergo an alcohol test shall be based on specific,
contemporaneous, articulable observations concerning the appearance,
behavior, speech, or body odors of the driver.
2. City’s Determination of Reasonable Suspicion of Controlled Substance
Violations. A driver shall submit to a controlled substances test when the City
has reasonable suspicion to believ that the driver had violated the prohibition
concerning controlled substances. The City’s determination that reasonable
suspicion exists to require the driver to undergo a controlled substances 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.
3. 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.
4. 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 requir4ed to be in compliance. A driver maybe
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 just after the driver has ceased performing such
functions.
5. 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 not administering the test.
6. Under the Influence Prohibitions. Notwithstanding the absence of a reasonable
suspicion alcohol test, a driver shall not report for duty or ramin on duty requiring
the performance of satety-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:
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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
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.
7. 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.
F. Follow-up Testing
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 controlled 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 of Follow-Up to Alcohol Test. Follow-up alcohol testing shall be
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:
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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 attached as Appendix A.
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 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.
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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 of 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.
VI. PROCEDURES FOR CONTROLLED SUBSTANCE TESTING
A. Split Specimen Procedure.
1. 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 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 provide 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 not to
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 requires
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 SHHS-
approved laboratory, the split specimen bottle, with seal intact, a copy of the MRO
request, and the split specimen copy of the chain of custody entries.
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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.
11. 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 a final 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.
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 day
of being instructed to do so by the City.
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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 is 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.
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 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.
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.
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3. Quality Assurance Plan. The EBT used in either the screening or
confirmation alcohol tests 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.
D. Locations for Breath Alcohol Testing.
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
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
attached as Appendix B 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 tes.
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
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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 printed 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 ET prior to screening.
8. Result Greater Than 0.02. Requires a confirmation test.
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.a.-c. 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 an
adequate amount of breath, the City will direct the driver to obtain a written evaluation
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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.
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:
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
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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).
The records shall be made available for inspection by the FHWA upon two
business days’ notice.
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 of 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 by law 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 SUBSTANCES 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
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 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
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of the driver’s next regularly scheduled duty period, but not less than 24 hours following
administration of the test.
F. Refusal to submit to a required test.
A driver who refuses to submit to a required 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 from 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 tests 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 City’s Employee Assistance
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Program from 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. 21(b)(20) which
provides that an employee who knowingly and willfully violate 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 of 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 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.
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
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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 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 resu8lt 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
CFR382.605.
4. Conflict of Interest of Substance Abuse Professional. If the City decides to
provide the requisite evaluation and rehabilitation functions, the City cannot 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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