HomeMy Public PortalAboutOrdinance No. 777-95 12-12-1995
• ORDINANCE NO. ~ ~ ~ - 9 5
AN ORDINANCE ADOPTING THE ATTACHED DRUG AND
ALCOHOL TESTING POLICY AS A SUPPLEMENT TO THE
CITY OF RICHLAND HILLS DRUG-FREE WORKPLACE
POLICY, PROVIDING A SEVERABILTTY CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the policy of the City of Richland Hills, Texas, to maintain a
drug- and alcohol-free workplace; and
WHEREAS, the City desires to adopt a policy to insure safe operation of City
equipment and efficient delivery of City services through adrug- and alcohol-free
workplace; and
WHEREAS, the City desires to comply with the provisions of the Texas Workers
Compensation Act, the Federal Drug-Free Workplace Act and the Omnibus
Transportation Employee Testing Act; and
WHEREAS, the attached Drug and Alcohol Testing Policy furthers the efforts of
the City Council in this regard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS, TEXAS:
I.
That the attached "City of Richland Hills, Texas, Drug and Alcohol Testing
Policy" is hereby adopted and placed into effect in the City of Richland Hills, Texas
effective January 1, 1996.
II.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
III.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
ORDINANCE NO. ~ ~ ~ - 9 5 PAGE 1
• PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council on the ~~day of December 1995, by a vote
of 5 ayes, ~ nays, and ~ abstentions.
APPROVED:
C. F. Kelley, Mayor
ATTEST:
C_._.
Terri- ' , . ity Secretary
A ED AS TO FORM AND LEGALITY:
Gr c_ ~
Paul F. Wieneskie, City Attorney
•
rh1ib25/bh/120795
ORDINANCE NO. 7 7 7- 9 5 PAGE 2
CITY OF RICHLAND HILLS ALCOHOL AND DRUG TESTING POLICY
EFFECTIVE DATE: January 1, 1996
PURPOSE
The City of Richland Hills has established this policy to promote an overall safe,
healthful, and efficient working environment for all employees. Being under the
influence of a controlled substance or alcohol on the job poses serious safety and
health risks to the user and to all those who work with the user. The use, sale,
purchase, transfer, or possession of an illegal drug in the workplace, and the use,
possession, or being under the influence of alcohol also poses unacceptable risks for
safe, healthful, and efficient operations. The City of Richland Hills also believes it
has the obligation and the right to protect the City's property, information,
equipment, operations, and reputation.
The City recognizes its obligations to citizens for the provision of services that
are free of the influence of controlled substances and alcohol, and will endeavor
through this policy to maintain such safe, efficient and professional services.
Furthermore, the City takes note of its obligation to comply with US DOT
regulations relating to controlled substances and alcohol use. The City will ensure
that the controlled substances and alcohol testing conducted conforms with US DOT
workplace testing requirements.
• The City's position is that the sale, purchase, transfer, concealment,
transportation, use or possession of contraband by any employee of the City
represents a threat to the health, safety and well-being of its employees, citizens
and property, as well as to the traveling public and is therefore strictly prohibited.
It is also the City's position that the use or consumption of alcohol beverages on
duty or in circumstances which result in the employee being under the influence
while on duty is strictly prohibited.
SCOPE:
This policy applies to ALL City Employees including: Full-Time, Part-Time,
Seasonal, and Temporary.
This policy supplements all previous drug or alcohol testing policies heretofore
adopted or promulgated by the City.
•
ALCOHOL AND DRUG TESTING POLICY Page 1
. DEFINITIONS
As used in this policy:
Alcohol
means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohol including methyl and isopropyl alcohol.
Alcohol concentration (or contend
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 (EBT).
Alcohol use
means the consumption of any beverage, mixture, or preparation, including any
medication, containing alcohol.
Breath Alcohol Technician (BAT)
means an individual who instructs and assists individuals in the alcohol testing
process and operates an EBT.
Collection site
. means a place where individuals present themselves for the purpose of providing
body fluid or breath samples to be analyzed for specific controlled substances or
alcohol. A collection site will have all the required personnel, materials,
equipment, facilities, and supervision to provide for the collection, security,
temporary storage, and transportation of the samples to the testing laboratory,
or for alcohol testing.
Commercial motor vehicle
means a motor vehicle or combination of motor vehicles used in commerce to
transport passengers or property if the motor vehicle:
1. 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
2. Has a gross vehicle weight rating of 26,001 or more pounds; or
3. Is designed to transport 16 or more passengers, including the driver; or
4. 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
ALCOHOL AND DRUG TESTING POLICY Page 2
• City premises or facilities
means all property of the City, including but not limited to offices, buildings and
surrounding areas on City-owned or leased property, parking lots, and storage
areas. The term also includes City-owned or leased vehicles and equipment
wherever located. It also includes any premises where the City performs
contract services.
Confirmation test
for alcohol means a second test, following a screening test with a result of 0.02
or greater, that provides quantitative data of alcohol concentration.
Contraband
means any article, the possession of which on City premises or while on City
business causes an employee to be in violation of a City work rule. Contraband
includes illegal drugs and alcoholic beverages, drug paraphernalia, lethal
weapons, firearms, explosives, incendiaries, stolen property, and counterfeit
money.
Controlled substances
means any drug, substance or immediate precursor listed in Schedules I-V or
Penalty Groups 1-4 of the Controlled Substances Act of 1988 as it may be
revised from time to time.
DOT agency
means an agency of the United States Department of Transportation
administering regulations requiring alcohol 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 an employer who operate
a commercial motor vehicle at the direction of or with the consent of an
employer.
Drug testing or testing
means the scientific analysis of urine, blood, breath, saliva, hair, tissue or other
specimens of the human body for the purpose of detecting a drug or alcohol.
Emplo,~
means any employee, agent, officer or representative of the City. Any
contractor or subcontractor performing work on behalf of the City is also
expected to comply with this policy.
i
ALCOHOL AND DRUG TESTING POLICY Page 3
• Employer
means the City of Richland Hills, Texas. It also includes an employer's agents,
officers, and representatives.
Evidential breath testing device (EBT)
means a device approved by the National Highway Traffic Safety Administration
(NHTSA) for the evidential testing of breath and placed on the Conforming
Products List of Evidential Breath Measurement Devices.
Ille ag. 1 drug
means any drug in any detectable amount which is not legally obtainable; any
drug which is legally obtainable but has not been legally obtained; any prescribed
drug not legally obtained; any prescribed drug not being used for the prescribed
purpose; any over-the-counter drug being used at a dosage level different than
recommended by the manufacturer or being used for a purpose other than
intended by the manufacturer; and any drug being used for a purpose not in
accordance with bona fide medical therapy. Examples of illegal drugs are
cannabis substances such as marijuana and hashish, cocaine, heroin,
phencyclidine (PCP), and so-called designer drugs and look-alike drugs.
Medical Review Officer (MRO)
means a licensed doctor of medicine or osteopathy (MD or DO) with knowledge
• of drug abuse disorders. The MRO has the knowledge and medical training to
interpret and evaluate an individual's positive test result together with his or
her medical history and any other relevant biomedical information.
Medically unqualified to work
means the condition of a person who is unfit to work by reason of an impairing
or potentially impairing medical condition such as, but not limited ta, the use of
illegal drugs or alcohol.
Performing asafety-sensitive function
a driver is considered to be performing asafety-sensitive function during any
period in which he or she is actually performing, ready to perform, or
immediately available to perform any safety-sensitive functions.
Possession
is also meant to include the presence in the body system of any detectable
amount of drug, or in the case of alcohol, a test result of 0.04 or greater.
Reasonable cause
means a belief that the actions, appearance or conduct of a person are
indicative of the use of a controlled substance or alcohol. Such a belief is based
on objective, articulable facts. A reasonable cause or "for cause" situation is
. any situation in which an employee's job performance is in conflict with
established job standards relating to safety and efficiency. The term includes
accidents, near accidents, erratic conduct suggestive or drug or alcohol use, any
unsafe performance behaviors, and unexplained deviation from productivity.
ALCOHOL AND DRUG TESTING POLICY Page 4
Refuse to submit to an alcohol or controlled substances test
means that an employee 1.) fails to provide adequate breath for testing without
a valid medical explanation after he or she has received notice of the
requirement for breath testing in accordance with DOT regulations, 2.) fails to
provide adequate urine for controlled substances testing without a valid medical
explanation after receiving notification of DOT regulations, or 3.) engages in
conduct that clearly obstructs the testing process.
Safety Sensitive Position
employees who are sworn police officers, firefighters, emergency medical
technicians, paramedics or who drive commercial motor vehicles as defined
herein are performing safety sensitive functions
Screening test
in alcohol testing it means an analytical procedure to determine whether a
driver may have a prohibited concentration of alcohol in his or her system. In
controlled substances testing, it means an immunoassay screen to eliminate
"negative" urine specimens from further consideration.
Substance Abuse Professional (SAP)
means a licensed physician (MD or DO), or a licensed or certified psychologist,
social worker, employee assistance professional, or addiction counselor
(NAADACCC certified) with knowledge of and clinical experience in the
diagnosis and treatment of alcohol and controlled substances-related disorders.
Under the influence
means a condition in which a person is affected by a drug or alcohol in any
detectable manner. The symptoms or influence are not confined to those
consistent with misbehavior, nor to obvious impairment of physical or mental
ability, such as slurred speech or difficulty in maintaining balance. A
determination of being under the influence can be established by a professional
opinion, a scientifically valid test such as urinalysis, breath analysis, or blood
analysis and in some cases by the opinion of a layperson.
EMPLOYEES SUBJECT TO TESTING
CONDITIONS REQUIRING TESTING
1. Pre-Placement
All applicants for employment will, as a prequalification condition, be
subject to drug and alcohol testing. If evidence of the use of illegal drugs by an
applicant is discovered either through testing or other means, the employment
process will be suspended. If an applicant tests 0.02 or greater on a confirmed
alcohol test, the employment process will be suspended. If an applicant refuses to
• take either the drug test or the alcohol test, the employment process will be
suspended.
ALCOHOL AND DRUG TESTING POLICY Page 5
• If an applicant attempts to substitute or contaminate his or her drug
screen specimen or attempts to subvert the breath alcohol test procedure, the
employment process will be suspended. Employment with the City will be denied for
one year unless specifically authorized by the City Manager
2. Testing of Current Employees
An employee's consent to submit to drug andlor alcohol testing is required as a
condition of employment and the employee's refusal to consent may result in
disciplinary action up to and including discharge, even for a first refusal or any
subsequent refusal.
The City may perform drug and alcohol testing of an employee in the following
situations:
A. Post-accident
This pertains to employees performing; safety sensitive functions. The
City will transport the employee to the facility for testing.
Each employee involved in a DOT-reportable accident will provide an
alcohol test within 2 hours of the incident, and a drug test within 32
hours. If these time frames cannot be met, documentation regarding the
lack of compliance will be made. If an alcohol test cannot be completed
within 8 hours, the City will cease attempts to administer the test and will
prepare and maintain the same documentation.
• An accident is any situation involving a fatality, any incident where the
vehicle sustains damage and must be towed, or any situation in which the
driver receives a citation for a moving traffic violation arising from the
incident. An employee involved in an accident is any employee whose
performance either contributed to the accident or cannot be completely
discounted as a contributing factor.
All employees who may be involved in or contributed to an accident
requiring medical attention will also undergo drug and alcohol testing.
An employee who is seriously injured and cannot provide a specimen at the
time of the accident will provide the necessary authorization for obtaining
hospital reports and other documents that would indicate whether there
were any controlled substances in his or her system.
B. Reasonable Cause
The City will require an employee to be tested upon reasonable cause. The
decision to test will be based on a reasonable and articulable belief that
the employee is using a prohibited drug or alcohol on the basis of specific
contemporaneous physical, behavioral, or performance indicators of
probable drug or alcohol use.
An employee will submit to testing for reasonable cause when requested to
do so by the City.
ALCOHOL AND DRUG TESTING POLICY Page 6
• The conduct which forms the basis for reasonable cause should be
witnessed by at least one supervisor. The persons forming the decision to
test under reasonable cause will have received training in the detection of
signs and symptoms of drug and alcohol use.
The City will ensure that the employee is transported immediately to a
collection site for the collection of a urine sample and alcohol test.
The documentation of the employee's conduct under reasonable cause will
be signed and prepared by the witness(es) within 24 hours of the observed
behavior or before the results of the tests are released, whichever is
earlier.
The employee who is tested as the result of involvement in a reasonable
cause situation may be suspended without pay pending completion of any
inquiries which may be required.
C. Random
This pertains to employees performing safety sensitive functions. An
employee will, as a condition of continued employment submit to drug and
alcohol testing when selected by a random selection process. After
selection, the employee will be notified and tested immediately before,
during or immediately after performance of safety-sensitive functions.
The City will use an unbiased random selection process to select and
• request an employee to be tested. The percentage of employees to be
tested will be at a rate of 50% per year for drugs and 25% per year for
alcohol. All City CDL drivers will be in a separate selection process as
required by DOT. The percentage will also be 50% per year for drugs and
25% per year for alcohol. The City may modify the random percentage in
the future according to changes in DOT requirements.
After receiving notification of the random selection, the employee will
submit to testing for drugs and/or alcohol immediately. If the employee is
off-duty, ill, injured or on vacation they will be notified upon their return
and will submit immediately to the testing.
D. Periodic/Other
The City may perform testing of an employee on a periodic basis in
conjunction with required physical examinations.
The City also reserves the right to test an employee at the time that the
employee is enrolled in a drug rehabilitation program and at any time
during or for a period not to exceed 60 months after rehabilitation.
Upon return of the employee to work following probation, suspension,
layoff, or extended leave of absence.
At any other time in order to comply with State or Federal regulations.
•
ALCOHOL AND DRUG TESTING POLICY Page 7
PRESCRIBED DRUGS
• The City reserves the right at all times to judge the effect that a legal drug may
have upon an employee's work performance and to restrict the employee's work
activity or presence at the workplace accordingly. It also reserves the right to have
a physician of its own choice determine if the medication at the prescribed dosage
produces hazardous effects, and may restrict the employee's work activity.
PROHIBITED ACTIVTITES
The use, sale, offer to sell, purchase, transfer, distribution, or possession of drug
paraphernalia or any detectable amount of an illegal drug or alcohol by any employee
while on City premises or while performing City business is strictly prohibited.
No employee shall be on duty if the employee uses any controlled substances or
alcohol while on duty or tests positive for the use of controlled substances or alcohol,
except in the case of legally prescribed medications.
A person who tests positive for the use of a controlled substance or alcohol is
considered medically unqualified to work.
A person who refuses to be tested for any controlled substances or alcohol will
not be permitted to work. Such a refusal will be treated as a positive test and cause
the employee to be considered medically unqualified to work.
DISCIPLINE
• Disciplinary action consisting of discharge without benefit of rehabilitation may
be applied to any employee who:
1. Uses, possesses, distributes, transfers, conceals, sells, offers to sell,
purchases or offers to purchase illegal drugs, drug paraphernalia or alcohol
on City premises or while on City business.
2. Substitutes, contaminates, tampers or attempts to substitute, contaminate
or tamper with their specimen to be presented for testing.
3. Any employee who tests a second time positive to a drug or alcohol test
during 5 year period. EXCEPT: Any Police Officer or Firefighter who
tests positive to drug or alcohol testing may be terminated immediately.
Disciplinary action consisting of the rehabilitation procedures OR up to
including discharge may be applied to any employee who:
1. Tests positive for an illegal drug in a test conducted under the provisions
of this policy.
2. Tests positive for alcohol in excess of 0.04 percent when measured by the
standard blood alcohol concentration tests.
•
ALCOHOL AND DRUG TESTING POLICY Page 8
3. Refuses to submit to a drug or alcohol test when requested to do so.
• 4. Is found to be in possession of contraband.
5. Refuses to submit to a search or inspection under the provisions of this
policy.
6. Refuses to cooperate with the Medical Review Officer (MRO) as required
under this policy.
7. Refuses to cooperate with the Rehabilitation procedures.
Suspension without pay for the duration of the investigation may be applied to
any employee who is the subject of adrug-related inquiry by the City or a law
enforcement agency.
Debarment from the City's work or workplace may be applied to any contractor
or contractor employee who violates this policy.
Employees who are found to have an alcohol concentration of 0.02 but less than
0.04 will be removed from their job for a minimum of 24 hours without pay and
subject to a re-test upon return to work.
RESPONSIBILTTIFS
Each individual required to submit to testing shall as soon as practicable,
• provide the required biological specimens for testing. Failure to meet this
responsibility is an offense punishable by termination.
Individuals in supervisory positions shall as soon as practicable following an
incident which requires drug or alcohol testing, arrange for the collection and testing
of specimens for drugs and/or alcohol. Failure to meet this responsibility is an
offense punishable by termination.
CONFIDENTIALITY
All employee information relating to drug or alcohol testing will be protected by
the City as confidential unless otherwise required by law, or authorized in writing by
the employee. There may be some instances where overriding public health or safety
concerns may require the release of information otherwise considered confidential.
The City will ensure that no person will obtain the individual test results
retained by the laboratory or the MRO and the vendor will not release the individual
test results of any employee to any person without first obtaining written
authorization from the tested employee. Nothing in this paragraph will prohibit the
vendor from releasing to designated City officials the information relevant to an
employee's test results.
The City will ensure that only those persons on a need-to-know basis or those
persons in management directly involved in the decision-making process will obtain
any drug or alcohol testing information retained in files maintained by the City.
ALCOHOL AND DRUG TESTING POLICY Page 9
NOTIFICATIONS
The City will notify each employee of this policy by providing to each employee
a copy of this policy. Each employee will acknowledge in writing the receipt and
understanding of this policy.
The City will generally publicize this policy to the employees through
memoranda, posted notices and ongoing training programs.
The City will notify each employee of the results of random, reasonable cause
and post-accident drug and alcohol tests. If the test result is positive, the employee
will also be advised what drug class was discovered.
RECORDKEEPING
Information regarding an individual's drug or alcohol test results or
rehabilitation may be released only upon the written consent of the individual,
except that such information must be released regardless of consent to OSHA or a
State or Federal agency upon request as part of an accident investigation.
Statistical data related to drug or alcohol testing and rehabilitation that is not
name-specific and training records must be made available to OSHA or the
appropriate State or Federal agency upon request.
The City will ensure that all records related to the administration and results of
DOT drug and alcohol testing are maintained for a minimum period of 5 years,
except that individual negative test results will be maintained for a minimum of 12
months. Records pertaining to the alcohol and drug collection process and training
will be maintained for a period of 2 years.
The drug testing vendor and MRO will retain the reports of individual test
results for a minimum of 5 years.
The City will retain in the employee's file such information that will indicate
only the following:
1. That the employee submitted to a drug test.
2. The date and location of the test.
3. The identity of the firm performing the test.
4. Whether the test finding was "positive" or "negative".
The City will produce upon demand and will permit authorized representatives
of the DOT to examine all records related to the administration and results of the
drug testing program. The City will maintain an annual, calendar year summary of
the records related to the administration and results of the DOT drug testing
program.
APPEALS
An employee whose test is reported as positive for a drug or alcohol will be
asked in a confidential meeting or telephone conference to offer an explanation. The
purpose of the meeting or telephone conference will be to determine if there is any
ALCOHOL AND DRUG TESTING POLICY Page 10
reason that a positive test could have resulted from some cause other than drug or
alcohol use which is in violation of this policy. (For example, consumption of a
sufficient quantity of poppy seeds prior to a test may produce a false positive result
for opiates).
If the employee is desirous of a second opinion, they may request a retest of the
same specimen by an alternate laboratory which has been approved by the City. The
retest will be at the employee's expense. The retest must be performed using the
same methods and techniques as the initial test.
The employee may also request to review the findings of the drug or alcohol test
with a licensed physician knowledgeable of substance abuse disorders (MRO). The
costs related to this will be at the expense of the employee.
An appeal that merits further inquiry may require that the employee be
suspended without pay until the inquiry and the appeals process are completed.
If the employee is cleared of any charges or violations of this policy, the City
will reimburse back pay due the employee, and any cost for testing paid by the
employee.
EMPLOYEE ASSISTANCE PROGRAM
The City will provide to any employee, upon request and at no cost to the
employee, information concerning local resources that are available for the
treatment of drug and alcohol-related problems.
The City will also conduct training programs of not less than one hour for drugs
and one hour for alcohol for supervisory personnel which address specific,
contemporaneous, physical, behavioral and performance indicators of probable drug
or alcohol use. The training will also focus on intervention tactics, post-accident
testing procedures, and supervisory responsibility for the execution of this policy.
REHABILITATION
Any employee, (except Police Officers and Firefighters), who fails either a drug
or alcohol test must undergo a return-to-duty test of the same type previously
failed, with the following results: alcohol test with a result indicating 0.02 or less or
a drug test with a negative result. In addition, each employee will be referred to the
SAP who will evaluate the employee for necessary treatment and/or referral. The
SAP will continue to monitor the employee while in treatment.
Rehabilitation in lieu of termination MAY be offered to an employee when:
1. The employee has had ONE positive result from either the drug or alcohol
testing, particularly if the positive result did not result from use of an
illicit drug.
2. The employee has requested rehabilitation, has not tested positive for drug
and/or alcohol, and has not been notified of a pending drug test.
3. The violation of this policy does not involve selling or distributing drugs or
alcohol or other serious misconduct.
The costs of rehabilitation will be paid by the employee except that the
employee may obtain reimbursement to the extent provided in the City's medical
benefits plan.
ALCOHOL AND DRUG TESTING POLICY Page 11
The rehabilitated employee will only be allowed to return to work with the
written authorization of a medical physician.
After returning to work, the employee must continue in an after-care program
and be subject to unannounced follow-up testing, based upon the advice of a medical
physician. The minimum of testing will consist of 6 tests in the first 12 months
following return to duty and follow-up testing may continue for up to 60 months, but
can be eliminated after one year if the SAP determines that such testing is no longer
necessary.
The City does not guarantee that upon return to work the rehabilitated
employee will retain the same position in the City. All positions will be contingent
upon availability and previous work history.
SEARCHES AND INSPECTIONS AT THE WORKPLACE
The City may conduct general inspections and searches for drugs, alcohol, or
contraband on City premises or in City vehicles or equipment wherever located. This
specifically includes desks, file cabinets, any other office furnishings, tool chests and
similar items on City property. Searches and inspections may be initiated without
prior notification and conducted at times and locations deemed appropriate by the
City.
Substances which maybe identified as an illegal drug by a layman's examination
will be turned over to a drug testing vendor for scientific analysis.
Other forms of contraband such as firearms, explosives and lethal weapons will
be subject to seizure during an inspection or search. An employee who is found to
possess contraband on City property or while on City business will be subject to
discipline up to and including discharge.
DRUG TESTING
The City will engage a laboratory certified by the Department of Health and
Human Services (DHHS) in accordance with DOT procedures. The testing laboratory
will be required to permit:
1. Inspections by the City before the laboratory is selected to perform
testing.
2. Unannounced inspections including examination of records at any time by
the City, NIDA, or a State agency if the laboratory is subject to State
agency jurisdiction.
The City will not hire or contract for the use of any person as an employee
whose functions are subject to DOT procedures unless that person passes a drug and
alcohol test.
Specimens tested for drugs will be retained and retested in the following manner:
1. Specimens that yield positive results on confirmation will be retained by
the laboratory in frozen storage for at least 365 days, during which time
the City, NIDA, or a State agency may request retention for an additional
period.
ALCOHOL AND DRUG TESTING POLICY Page 12
2. If the MRO determines there is no legitimate medical explanation for a
confirmed positive test .result, the split specimen will be tested if the
employee makes a written request for so doing within 60 days of receipt of
the final test result from the MRO. The City will require the employee to
pay in advance the cost of shipment and analysis, but the City will
reimburse the employee for such expense should the split sample test
return as negative.
3. If the employee requests a test of the split sample, it must be forwarded
to another NIDA-certified laboratory of the City's choice.
4. Since some analytes may deteriorate during storage, any detectable level
of the drug will be reported and considered corroborative of the original
positive test results.
MEDICAL REVIEW OF TEST RESULTS
The City will ensure that each confirmed positive test result is reviewed by a
MRO. The purpose of the review will be to consider the possibility of any alternate
medical explanation for the confirmed positive test result.
The duties of the MRO will be:
1. Review the results of all drug testing prior to being reported to the City.
2. Review and interpret each confirmed positive test result as follows to
determine if there is an alternative medical explanation for the confirmed
positive test result:
a. Conduct a medical interview with the individual tested.
b. Review the individual's medical history and any relevant biomedical
factors.
c. Review all medical records made available by the individual tested
to determine if a confirmed positive test resulted from legally
prescribed medication.
d. Upon request of the employee, require the split sample to be
analyzed to determine the accuracy of the reported test result.
e. Verify that the laboratory report and assessment are correct.
3. Determine whether and when an employee involved in a rehabilitation
program may be returned to duty.
4. Determine a schedule of unannounced testing for an employee who has
returned to duty after rehabilitation.
The following rules will govern MRO determination:
. 1. If the MRO determines after appropriate review that there is a legitimate
medical explanation for the confirmed positive test result, the MRO will
take no further action.
ALCOHOL AND DRUG TESTING POLICY Page 13
2. If the MRO determines after appropriate review that there is no
legitimate explanation for the confirmed positive test result, the MRO will
so inform the designated City officials.
3. Based on a review of the laboratory inspection reports, chain-of-custody,
quality assurance and quality control data the MRO may conclude that a
particular drug test result is scientifically insufficient for further action.
Under these circumstances the MRO will conclude that the test is negative.
4. For opiate positives, the City will also require the MRO to determine if
there is clinical evidence in addition to the drug test of unauthorized use
of any opium, opiate, or opium derivative. The clinical evidence may
include a medical history and a physical examination.
•
ALCOHOL AND DRUG TESTING POLICY Page 14
ADDITIONAL REGULATIONS FOR DRIVERS WITH CDL'S
The City is required to make available records of testing results to any subsequent
employer upon receipt of a written request from the employee. Disclosure of test
results is only authorized by the employee's written request.
The City will maintain the following records for two years:
1. Records of the inspection and maintenance of each EBT used in employee
testing.
2. Documentation of the employer's compliance with the Quality Assurance Plan
for each EBT used in testing.
3. Records of training and proficiency testing of each BAT used in employee
testing.
The City will also maintain for five years the records pertaining to the calibration of
each EBT used in testing, including the records of the results of the external
calibration checks.
•
ALCOHOL AND DRUG TESTING POLICY Page 15
. CDL POSITIONS REQUIRED TESTING UNDER DOT REGULATION
CDL Drivers in the following positions
•
•
ALCOHOL AND DRUG TESTING POLICY Page 16
PROCEDURES FOR DRUG AND ALCOHOL TESTING
• The Controlled Substances being tested for:
Initial test cutoff Confirmatory test
Amphetamines 1000 ng/ml 500 ng/ml
Cocaine 300 ng/ml 150 ng/ml
Marijuana 50 ng/ml 15 ng/ml
Opiates 300 ng/ml 300 ng/ml
Heroin
Morphine
Codeine
Phencyclidine (PCP) 25 ng/ml 25 ng/ml
Alcohol 0.02 g/dL 0.02 g/dL
Procedures for Drug Testing Collection
1. The donor must provide a photo ID. Complete step 1 on the form and fill out the
information on the bottle seals except for the donor initials. Step 2 should be
pre-printed. Complete steps 3 and 4.
2. Have the donor remove all outer garments (caps, coats, etc.) or belongings
• (except their wallet) and leave in a secured location.
3. Allow the donor to choose a sealed collection kit.
4. Have the donor wash their hands prior to providing the specimen.
5. Have the donor fill the large bottle with urine. A minimum of 45 mis is
required.
6. Read the temperature strip on the lower portion of the bottle and complete Step
5.
NOTE: if the temperature does not register between 90.5-99.8 there is reason to
believe that the donor may have adulterated or substituted the specimen and
therefore another specimen should be collected. Both specimens should be sent
to the laboratory.
7. Visually check the specimen for signs of contamination (discoloration,
precipitation, etc.). The collector must now pour off 30 mis of the specimen
into the smaller container. Have the donor tighten the lid on each bottle.
8. Seal the bottles with the tamper-evident seals attached to the form. The
primary specimen is the small bottle. The split specimen is the larger bottle.
Please put the appropriate seal on the bottles. Each seal must be affixed so that
the middle of the seal is over the cap, and the ends go down the sides of the
bottle. The donor should now initial the seals.
• 9. The donor should now complete Step 6 on the form, which is located on copy 4.
ALCOHOL AND DRUG TESTING POLICY Page 17
10. The collector should complete Step 7 of the form. Any unusual situations should
• be documented in Step 7 of the form under "Remarks concerning collection".
The collector can now complete Step 8. It is critical that this portion of the
form be filled out correctly. Failure to do so will result in specimen rejection.
The donor does not sign anywhere in this step.
11. Place the sealed bottles in the tamper-evident bag. The first three copies of
the form should be sent with the specimen to the laboratory.
12. Give the donor copy 5 of the form. If the donor chooses to list any medications,
it must be only on the back of copy 5, which they. may take with them.
13. Specimens are sent to the laboratory.
14. Mail the MRO copy (copy 4) to the designated MRO. The employer copy (copy 7)
should also be forwarded to the employer.
Procedures for Alcohol Testing
The Breath Alcohol Technician (BAT) means an individual who instructs and assists
individuals in the alcohol testing process and operates an Evidential Breath Testing
Device (EBT). The BAT will be trained to proficiency in the operation of the
particular EBT they are using and in the DOT procedures. Each employer is required
to maintain documentation on the training of the BATs they use.
• The City will use only EBT's that can perform the confirmation test that is required
by DOT.
1. Only one individual at a time may take an EBT.
2. Upon arrival, the employee must provide positive photo identification. If the
employee requests, the BAT must provide identification also.
3. The BAT must explain the testing procedure to the employee.
4. The BAT will complete Step 1 on the Breath Alcohol Testing Form (employee
name and identification, and employer information). The employee will then
complete Step 2 (signed statement). Refusal to sign Step 2 will be considered a
refusal to take the test.
5. An individually sealed mouthpiece will be opened in the presence of the
employee and attached to the EBT. The BAT will instruct the employee to blow
forcefully into the mouthpiece for at least 6 seconds.
6. If the EBT provides a printout without being directly on the Breath Alcohol
Testing Form, the BAT will show the employee the result displayed on the EBT.
The BAT will then secure the test result printout onto the form in the
designated space (on the back of the form). If the alcohol content is less than
0.02, the BAT will sign the certificate in Step 3. The employee will then sign
the certification and fill in the date on Step 4. If the employee refuses to sign,
the BAT will so note in the "Remarks" section of the form.
i
ALCOHOL AND DRUG TESTING POLICY Page 18
If the test result is less than 0.02, no further testing is required and the BAT will
notify the employer.
7. If the initial test result is 0.02 or greater, the BAT will notify the employee that
an additional confirmation test will be performed. The BAT will not complete
Steps 3 or 4 until the confirmation test is completed. At this point the
employee will be instructed not to eat, drink, belch, or put anything into their
mouth. Awaiting period of not less than 15 minutes and no more than 20
minutes will be implemented. The BAT will explain to the employee that this is
a precautionary measure to insure that no mouth alcohol is responsible for the
test result on the confirmation, and is in their best interest. The BAT will also
tell the employee that even if their instructions on abstinence of eating, etc. are
ignored that the confirmation test will be conducted anyway.
8. If for some reason the BAT who performed the initial screen is unavailable and a
new BAT is performing the confirmation, a new Breath Alcohol Testing Form
will be initiated. In any case a new mouthpiece will also be used.
9. Before the confirmation test is administrated, the BAT will run an air blank.
The air blank must register 0.00 before the confirmation test is run. If a
machine does not register this reading on the air blank, it must be removed from
service.
10. The confirmation test will be conducted in the same manner as the initial test.
Step 3 on the form will then be completed by the BAT, and Step 4 by the
employee.
. 11. The BAT will notify the City Manager of the results of the test.
Refusal by an employee to cooperate with the testing process or to provide breath or
an adequate amount of breath will be noted in the "Remarks" portion of the form.
The testing process will be terminated and the City Manager notified immediately.
If an employee professes to have an inadequate amount of breath, the BAT will
attempt to complete the test with another breath. If the employee refuses, the BAT
will immediately notify the employer and document this in the "Remarks" section of
the form. If the second attempt is made and again an inadequate sample is provided,
the BAT will instruct the employee to have an evaluation from a licensed physician
to determine the employee's medical ability to provide a breath sample. If the
physician determines that a medical condition exists which might preclude the taking
of an adequate breath sample, the employee's failure to provide a breath sample will
not be considered a refusal. If the physician is unable to make such determination
for any reason, the employee's inability to provide an adequate sample will be
considered a refusal.
Test results will be considered invalid if:
1. The calibration checks differ from the allowable tolerances.
2. The BAT doesn't observe the 15 minute waiting period.
3. The BAT doesn't perform the air blank before the confirmation test, or the air
blank doesn't result in a reading of 0.00.
ALCOHOL AND DRUG TESTING POLICY Page 19
• 4. The BAT doesn't sign the form, or doesn't note a refusal to provide a sample by
the employee.
5. The EBT fails to print the results of the confirmation test.
The City will retain all records of the testing in a secure manner, so the disclosure of
information to unauthorized individuals is not permitted. Except as required by law,
the employer shall not release the test results of an employee. An employee is
entitled upon written request to obtain copies of any records pertaining to their use
of drugs or alcohol and the City shall promptly provide such records.
RANDOM SELECTION PROCESS
The selection of employees for random drug and alcohol testing shall be made by a
scientifically valid method. The City will provide the testing vendor a listing of all
covered employee's social security numbers, updating the list monthly, who will use a
computer program to randomly select the number of employees for testing at that
time. The total number of employees to be tested yearly will equal to 50% for drug
testing and 25% for alcohol testing. All City drivers who must possess a CDL will
be in a separate "pool" from all other covered City employees as required by the
DOT regulations.
The random testing will be unannounced and the dates of the testing will be spread
reasonably throughout the calendar year.
Each employee selected will be given written notification of their selection and will
• proceed immediately to the designated facility.
Results are generally available within 24 to 48 hours.
All positive results will be reviewed by the City's appointed MRO (Medical Review
Office). He will contact the employee directly to review the results. If the MRO
determines there is no legitimate reason for the positive result he will notify the
City Manager of the positive result.
The Employee will be referred to the SAP program and will be subject to all of the
follow-up testing outlined in the policy under Rehabilitation. A second positive may
result in immediate termination.
EXCEPT in the case of a Police Officer or Firefighter - a first positive test result
may require immediate termination of employment
•
ALCOHOL AND DRUG TESTING POLICY Page 20
CITY OF RICHLAND HILLS, TEXAS
DRUG AND ALCOHOL TESTING POLICY
ACKNOWLEDGEMENT
I have read (or had read to me) the City of Richland Hills' policy on Drug and
Alcohol Testing. I fully understand the policy and intend to comply with it. I
understand that compliance with this policy is a condition of employment with the
City of Richland Hills, and that violation on my part subjects me to disciplinary
action, up to and including dismissal.
Employee Name
Employee Title
•
Date
422MLIB/bh/100595
•