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HomeMy Public PortalAbout1996-25 Drug and Alcohol Testing" ORDINANCE NO. 1996 -25 AN ORDINANCE ESTABLISHING PROCEDURES FOR DRUG AND ALCOHOL TESTING FOR HOLDERS OF COMMERCIAL DRIVER LICENSE AND INCORPORATING SUCH PROVISION AS PART OF THE PERSONNEL POLICY WHEREAS, the City of Greencastle is required by the United States Department of Transportation to establish a drug and alcohol testing procedure for City employees who operate commercial vehicles and equipment; and WHEREAS, it is in the interest of the CITY OF GREENCASTLE that all of its drivers and employees be free from the abuse of drugs and alcohol, and WHEREAS, it shall be the responsibility of each employee that he /she report to their jobs in an appropriate mental and physical condition. It shall be the overall goal of this policy is to ensure a drug and alcohol -free environment and to provide a safe working environment for all employees. BE IT THEREFORE ORDAINED that all vehicle drivers and /or equipment operators shall not use alcohol, drugs, or engage in "prohibited conduct" as defined herein. It will also be the city's � policy to assist those employees who may have a problem with drug or alcohol abuse. BE IT FURTHER ORDAINED that the following guidelines, procedures, substance abuse and control rules be established and adopted. TYPES OF TEST FOR CDL HOLDERS Pursuant to regulations promulgated by the Department of Transportation (DOT) the City has implemented six (6) circumstances for drug and alcohol tests for CDL holders: 1)Pre- employment, 2) post accident testing, 3) random testing, 4) reasonable suspicion testing, 5) return -to- duty testing, 6) follow -up testing. 1. PRE- EMPLOYNIENT TESTING: All applicants who must have or obtain a Commercial Drivers License to drive a City vehicle shall undergo testing for alcohol and controlled substances. A driver /applicant is not required to submit to the urine drug test if the city can verify that the driver has participated in a valid drug testing program within the preceding thirty (30) days. While participating in the program they were either tested within the past six (6) months or participated in a random selection program for the previous twelve (12) months. " The City must also insure that no prior employer of the driver has knowledge or records of a violation of the DOT alcohol rules within the previous six (6) months. If the driver /applicant has an alcohol test result between .02 and .0399, he /she shall not be allowed to drive for 24 hours. The driver shall be removed from the safety- sensitive functions and the applicant is not allowed to operate a commercial motor vehicle for 24 hours. 2. POST ACCIDENT: When a driver is involved in an accident where a fatality is involved, the driver shall submit to post- accident drug and alcohol testing. When a driver is involved in a recordable accident and receives a citation for a moving violation arising from the accident AND if either any involved vehicle requires towing from the scene OR any person involved requires medical treatment away from the scene of the incident, the driver also must submit to a drug and alcohol test. Following any accident, the driver must contact the City as soon as possible. DOT requires that any time a post- accident drug or alcohol test is required, that it be performed as soon as possible following the accident. If no alcohol collection can be made within eight (8) hours, attempts to collect a breath sample shall cease. If no urine collection can be obtained for purposes of post- 40 accident drug testing within thirty -two (32) hours, attempts to make such collection shall cease. In the event that the federal, state, or local officials conduct breath or blood tests for the use of alcohol and/or urine test for the use of controlled substances following an accident, these tests shall be considered to meet the requirements of this section, provided the tests conform to applicable federal, state or local requirements. The employee will sign a release allowing the City to obtain the test results from federal, state or local officials. In the event a driver is so seriously injured that the driver cannot provide a urine or breath specimen at the time of the accident, the driver must provide necessary authorization for the City to obtain hospital records or other documents that would indicate whether there were controlled substances or alcohol in the driver's system at the time of the accident. 3. RANDOM TESTING: The City conducts random drug and alcohol testing. The City will submit all drivers to a random selection system as set forth by DOT. The selection system provides an equal chance for each driver to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. The City will drug test, at a minimum as required by law, fifty percent (50 %) of the average number of driver positions in each calendar year. The City will also select, at a minimum as required by law, twenty -five (25 %) of the average number of driver positions for random alcohol testing. Random selection, by it's very nature, may result in drivers being selected in 0 " successive selections or more than once a calendar year. Alternatively, some drivers may not be selected at all in a calendar year. If a driver is selected at random for either drug or alcohol testing, a City official will notify the driver. Once notified, every action the driver takes must lead to a collection. If the driver engages in conduct which does not lead to a collection as soon as possible after notification, such conduct may be considered a refusal to test with appropriate consequences. 4. REASONABLE SUSPICION TESTING: Reasonable suspicion for requiring a driver to submit to drug and /or alcohol testing shall be deemed to exist when a driver manifests physical or behavioral symptoms or reactions commonly attributed to the use of controlled substances or alcohol. Such driver conduct must be witnessed by at least one supervisor trained in compliance with section 382.603 of the U.S. Department of Transportation and Federal Highway Administration Drug and Alcohol Testing Regulations (Manual). 5. RETURN TO DUTY: Before a driver returns to duty requiring the performance of a safety - sensitive function after engaging in conduct prohibited concerning alcohol, the driver shall undergo a return -to -duty alcohol test with a result indicating an alcohol concentration of less then .02 " Before a driver returns to duty requiring the performance of a safety - sensitive function after engaging in conduct prohibited concerning controlled substances (drugs), the driver shall undergo a return -to- duty controlled substance test with a result indicating a verified negative result by the MRO. 6. FOLLOW UP TESTING: Following a determination that a driver is in need of assistance in resolving problems associated with alcohol misuse and /or controlled substances, the driver will be subject to an unannounced follow -up alcohol and/or controlled substance (drug) test as directed by the abuse professional. REFUSAL TO TEST Refusal to submit to the types of drug and alcohol tests implemented by the City will be grounds for refusal to hire applicants and to terminate employment. A refusal to test is defined to be conduct which would obstruct the proper administration of a test. A delay in providing a urine or breath specimen could be considered a refusal. If a driver cannot provide a sufficient urine specimen (either urine or breath), it will be considered as a refusal to test. In that circumstance, the driver has violated one of the prohibitions of the regulations. 3. . PROHIBITED CONDUCT ONLY The following shall be considered "prohibited conduct" for the purpose of this policy. No driver shall report for duty or remain on duty while having an alcohol concentration level of .04 or greater. No driver shall be on duty or operate a vehicle while the driver possesses alcohol unless the alcohol is manifested and transported as part of a shipment. No driver shall use alcohol while performing safety - sensitive functions. No driver shall perform safety - sensitive functions within four (4) hours after using alcohol. No driver required to take a post- accident alcohol test shall use alcohol for eight (8) hours following the accident or until lie /she undergoes a post- accident alcohol test, whichever occurs first. No driver shall refuse to submit to a post- accident, a random, a reasonable suspicion, return to duty, or a follow -up breath alcohol or urine drug test. No driver shall report for duty or remain on duty when the driver uses any controlled substance, • except when use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to operate a vehicle. It the City has actual knowledge or has reason to believe that a driver has engaged in prohibited conduct, the City may require the driver to submit to drug and /or alcohol testing. If a driver engages in prohibited conduct, the driver is not qualified to drive a vehicle and shall be immediately removed from service. The City may, at its discretion, at the request of the driver, keep the driver's position open while such driver attempts to become qualified. The City may also take action against the employee up to and including termination. SAFETY SENSITIVE FUNCTIONS: The regulations specify that drivers must not use alcohol or drugs when performing safety- sensitive functions, nor perform safety - sensitive functions within four (4) hours after using alcohol. SAFETY- SENSITIVE FUNCTIONS are defined as: 1. All time spent at a facility or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the City. 2. All time spent inspecting equipment or otherwise inspecting, servicing or conditioning any 4 " motor vehicle at any time. 3. All time spent at the driving controls of a motor vehicle either while in operation or not in operation. 4. All time loading and unloading a motor vehicle, supervision or assisting in the loading, attending a vehicle, being loaded or unloaded or remaining in readiness to operate the vehicle. 5. All time spent performing the driver requirements relating to an accident. 6. All time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle. SUBSTANCE ABUSE EVALUATION: Any driver who engages in prohibited conduct shall be provided with the names, addresses, and telephone numbers of qualified substance abuse professionals. If the driver desires to become requalified, the driver must be evaluated by a Substance Abuse Professional (SAP) and submit to any treatment prescribed by the SAP. Following evaluation and treatment, if any, in order to become requalified the driver must submit to and successfully complete a return -to -duty drug and /or alcohol test. Such driver is also subject to follow -up testing. Follow -up testing is separate from and in addition to the City's reasonable suspicion, post- accident, and random testing procedures. Follow -up " testing shall be on a random basis and be in accordance with the instructions of the Substance Abuse Professional. Follow -up testing may continue for a period of up to sixty (60) months following the driver's return to duty. No fewer than six (6) tests shall be performed in the first twelve (12) months of follow -up testing. The costs of an SAP evaluation or prescribed treatment shall be borne by the driver. The City does not guarantee or promise a position to the driver should he /she regain qualified status. AUTHORIZATION FOR PREVIOUS TEST RECORDS Within fourteen (14) days of performing a safety - sensitive function, federal regulations require that the City obtain certain drug and alcohol testing records from drivers' previous employers for the previous two (2) years. As a condition of employment, the applicant shall provide the City with a written authorization from all previous employers within the past two (2) years to release such drug and alcohol testing records as are required under federal regulations. DRUG URINALYSIS Drug testing will be performed through urinalysis. Urinalysis will test for the presence of drugs and/or metabolites of the following controlled substances: 1.) marijuana, 2.) cocaine, 3.) opiates, 4.) amphetamines, 5.) phencyclidine (PCP). " 5. " The urinalysis procedure starts with the collection of a urine specimen. Urine specimens will be submitted to a SAN/IHSA- certified laboratory for testing. As part of the collection process, the specimen provided will be split into two vials: a primary vial and a secondary vial. The SAMHSA- certified laboratory will perform initial screenings on all primary vials. In the event that the primary specimen tests positive, a confirmation test of that specimen will be performed before being reported by the laboratory to the MRO as a positive. All laboratory results will be reported by the laboratory to a Medical Review Office (MRO) designated by the City. Negative test results shall be reported by the MRO to the City. Before reporting a positive test result to the City, the MRO will attempt to contact the driver to discuss the test result. If the MRO is unable to contact the driver directly, the MRO will contact the City management official designated in advance by the City, who shall in turn contact the driver and direct the driver to contact the MRO. Upon being so directed, the driver shall contact the MRO immediately or, if after the MRO's business hours and the MRO is unavailable, at the start of the MRO's next business day. At the MRO's sole discretion, a determination will be made as to whether a result is positive or negative. Pursuant to DOT regulations, individual test results for drivers and applicants will be released to the City and will be kept strictly confidential unless consent for the release of the test results has been obtained. Any individual who has submitted to drug testing in compliance with this policy is entitled to receive the results of such testing upon timely, written request. " An individual testing positive may make a request of the MRO to have the secondary vial tested. The driver may request that the secondary vial be tested by a difference SAIVIHSA- certified lab than tested the primary specimen. The individual making the request for a test of the second specimen must prepay all costs associated with the test. The request for testing of a second specimen is timely if it is made to the MRO within 72 hours of the individual being notified by the City of a positive test result. ALCOHOL TESTS The City will perform alcohol tests using an evidential breath - testing device. The City may provide use of an evidential breath testing device through a vendor or agent. The driver shall report to the site of an evidential breath testing device as notified by the City. The evidential breath testing device will be operated by a breath alcohol technician (BAT). The driver shall follow all instructions given by the BAT. In the event that a driver, on the basis of the evidential breath test, has a blood alcohol content of .02 to .0399 the driver shall be removed from duty for twenty -four (24) hours or until his/her next scheduled on -duty time, whichever is longer. Applicants are not medically qualified until after the 24 -hour time frame expires. Drivers with tests indicating a blood alcohol concentration of .04 or greater are considered to have prohibited conduct which may result in disciplinary action up to and including termination. All alcohol tests shall be performed just prior to, during, or just after duty. " 0 " TRAINING The City shall insure that supervisors designated to determine whether reasonable suspicion exists to require a driver to undergo testing under Section 382.307 of the Manual to receive at least sixty (60) minutes of training on alcohol misuse and receive at least an additional sixty (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. The City shall provide educational materials that explain the requirements of Section 382.601 of the Manual, consequences of violating the regulations, and the employer's policies and procedures with respect to meeting these requirements. The materials supplied to drivers may include information on additional employer policies with respect to the use or possession of alcohol or controlled substances, for example, the consequences for a driver found to have a specified alcohol or controlled substances level based on the employer's authority independent of Section 382.601 of the Manual. The City shall insure each driver is required to sign a statement certifying that he or she has received a copy of these materials described in Section 382.601. This policy is not intended nor should it be construed as a contract between the City and the employee. This policy may be changed at any time at the sole discretion of the City. " 7 " DEFINITIONS 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 under part. Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Commerce means (1) any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States and (2) trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (1) of the definition. Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle -- (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 under the Hazardous Material Regulations (49 DFT part 172, subpart F). Confirmation test For alcohol testing means a second test, following a screening test with a result of 0.02 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.) Consortium means an entity, including a group or association of employers or contractors, that provides alcohol or controlled substances testing as required by this part, or other DOT alcohol or controlled substances testing rules, and that acts on behalf of the employers. DOT Agency means an agency (or "operating administration ") of the United States Department of Transportation administering regulations requiring alcohol and /or drug testing (14 CFR parts 61, 63, 65, 121 and 135; 49 CFR parts 199, 219, 382, 653 and 654), in accordance with part 40 of this title. A " 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 or who operate a commercial motor vehicle at the direction of or with the consent of an employer. For the purposes of pre - employment /pre -duty testing only, the term driver includes a person applying to an employer to drive a commercial motor vehicle. Employer means any person (including the United States, a State, District of Columbia or a political subdivision of a State) who owns or leases a commercial motor vehicle or assigns persons to operate such a vehicle. The term employer includes an employer's agents, officers and representatives. Performing (a safety- .vensiiii means a driver is considered to be performing a safety - 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. Positive rate means the number of positive results for random controlled substances tests conducted under this part plus the number of refusals of random controlled substances tests required by this part, divided by the total of random controlled substances tests conducted under this part plus the number of refusals of random tests required by this part. Refusal to submit (to an alcohol or conn" olled substances test) means that a driver: " _ (1) Fails to provide adequate breath for alcohol testing as required by Part 40 of this title, without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of this part. (2) Fails to provide an adequate urine sample for controlled substances testing as required by Part 40 of this title, 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 accordance with the provisions of this part, or (3) Engages in conduct that clearly obstructs the testing process. Safety - sensitive finnction means any of those on -duty functions set forth in 3952 On -Duty time, paragraphs (1) through (6) of this chapter. Screening test (also known as initial 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 means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment '" of alcohol and controlled substances - related disorders. a s 0 THIS ORDINANCE DELETES AND REPLACES SECTION 3.8 OF GREENCASTLE PERSONNEL MANUAL ADOPTED BY ORDINANCE NO. 1995 -19, DECEMBER 12, 1995. PASSED. ADOPTED by the Common`Council of the City of Greencastle, Indiana this 7 day of 1996. Nancy A. '9 ichael, _Mayor ATTEST: - Pamela S. Jones, Clerk- Trg'Murer Presented.by -me to the Mayor of Greencastle, 1996, at o'clock, 9 M. Pamela S. Jones, Clerk Tr urer Indiana this day of XV Approved / en d; signed, by me this / / qay of J ,,�( �� , 1996, at 3� o'clock .'J .m. Nancy A. tiael, Mayor ATTEST: Pamela.S. Jones, Cler -T urer 6cor2 \cdlpolic. 10.