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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 •