HomeMy Public PortalAbout800.4 - Human Resources - General - Operators of City Motor Vehicles and EquipmentGeneral Administration Department
Human Resources Division Section 800.4
Policies and Procedures Manual Page 1
800.4: OPERATORS OF CITY MOTOR VEHICLES AND EQUIPMENT
:1 OBJECTIVE
To reduce accidents and prevent injuries by establishing procedures to ensure that
operators of City motor vehicles and equipment are qualified, competent, possess a valid
and appropriate Florida classified driver's license, wear seat belts and follow all Federal,
State and local motor vehicle operator's rules and regulations. This policy does not
apply to Civil Service employees.
:2 AUTHORITY:
This procedure amended by City Council September 15, 2003.
:3 DIRECTION
City Clerk/General Administration Department Director, Health & Safety Manager,
Risk Manager, City’s Occupational Healthcare Provider, Office Heads, Department
Directors, Division Managers, and Supervisors.
:4 METHOD OF OPERATION
A. Definitions
1. Drugs means alcohol, including distilled spirits, and intoxicating liquors;
amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens,
methaqualone; opiates; barbiturate; benzodiazepine; synthetic narcotics;
designer drugs; or a metabolite of any of the substances listed herein and the
use of any other drug which is illegal and or controlled substance not
specifically listed above; misuse of one’s own or another’s prescription drug.
2. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or
other low molecular weight alcohols including methyl and isopropyl alcohol.
3. Driver means any person who operates a City vehicle requiring a Florida
driver's license Class A thru E including regularly employed drivers,
occasional drivers, and persons applying to become drivers. All drivers are to
be City employees and are assigned by supervision. Assigned drivers may not
allow other individuals to operate City equipment without specific supervisory
approval.
4. Safety Sensitive Function means any function performed by a driver while on
duty including, but not limited to, driving, inspecting or servicing equipment,
riding, loading or unloading a City vehicle or supervising such, remaining in
readiness to operate a vehicle, repairing a City vehicle and attending a disabled
vehicle.
5. Performing a safety-sensitive function means a driver is actually performing,
ready to perform, or immediately available to perform a safety-sensitive
function.
6. Refuse to submit/Refuse to test means: 1) failure to provide adequate specimen,
including breath, blood or urine, for testing without valid medical explanations
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Policies and Procedures Manual Page 2
after receiving oral or written notice of requirement; 2) engaging in conduct
that clearly obstructs the testing process; 3) failure to appear for any test within
a reasonable time, as determined by the employer, after being directed to do so
by the employer; 4) failure to remain at the testing site until the testing process
is complete; 5) failure to provide a specimen for any drug test required by this
policy and procedure or DOT agency regulations; 6) in the case of a directly
observed or monitored collection , failure to permit the observation or
monitoring of your provision of specimen; 7) failure or decline to take a
second test the employer or collector has directed you to take; 8) failure to
undergo a medical examination or evaluation, as directed by the MRO as part
of the verification process, or as directed by the DER as part of “shy bladder”
procedures; 9) failure to cooperate with any part of the testing process; or 10)
a verified test result involving adulteration or substitution.
7. Breath Alcohol Technician (BAT) means an individual who instructs and
assists individuals in the alcohol testing process and operates an evidential
breath-testing device.
8. City Vehicle means a City-owned or leased motorized car, truck, or heavy
equipment.
9. Designated Employer Representative (DER) – An employee authorized by the
City to take immediate action(s) to remove employees from safety-sensitive
functions and to make required decisions in the testing and evaluation
processes. The DER also receives test results and other communications for to
the City related to this policy and procedure
10. Medical Review Officer (MRO). A medical doctor who has received extensive
training on drugs and drug abuse. It is the responsibility of the MRO to make
the final determination of a positive test result. If an employee tests positive for
drugs or alcohol, the MRO will contact the employee to set up an appointment
for the purpose of reviewing the test results.
11. Dilute Specimen means a specimen with creatinine and specific gravity values
that are lower than expected for human urine.
12. Adulterated Specimen means a specimen that contains a substance or condition
that is not expected to be present in human urine, or contains a substance
expected to be present but is at a concentration so high it is not consistent with
human urine.
13. Substituted Specimen means a specimen with creatinine, temperature or
specific gravity values that are not consistent with human urine.
14. Verified test means a drug test result or validity testing result that has
undergone review and final determination by the MRO.
B. General
To establish requirements for operators of City vehicles. To obtain driving record
information on City employees holding a position requiring the operation of a City-
owned or leased vehicle, or a commercial driver's license.
C. Qualification Requirements
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Human Resources Division Section 800.4
Policies and Procedures Manual Page 3
1. Pre-Employment
a) Each job applicant hired by the City shall be examined by the City’s
Occupational Healthcare Provider (OHCP) to determine whether there are
any medical restriction(s). If the applicant is determined to have any
medical restriction(s), the OHCP will forward the Post Conditional Offer
Form with this information to Human Resources for further action as
provided in Human Resources Internal Operating Procedure.
b) The applicant shall possess a current valid and appropriate Florida
classified driver's license in order to operate a City vehicle.
c) An employee transferring to a job that requires operating a City vehicle
shall be examined by the OHCP as in paragraph (a) above.
d) Human Resources will notify Risk Management to request a driver record
transcript from the Department of Highway Safety and Motor Vehicles for
new and transferred employees who will operate a City vehicle. The
transcript will be reviewed by the Health & Safety Manager or designee in
conjunction with the Office of Legal Affairs and the hiring department to
determine whether the employee is qualified to operate a City vehicle. The
Health & Safety Manager or designee will monitor employees' driver
record transcripts periodically or upon request.
2. Operators of City Vehicles
a) City employees may operate City vehicles subject to acceptable findings
on their driver record transcripts. Determination of an acceptable driving
record will be at the City's discretion.
b) Any prospective or current City employee shall be disqualified from
driving a City vehicle, should the transcript show;
(1) More than twelve (12) assessed points against an employee in the
twelve (12) month period preceding the request or after becoming
qualified to hold a position requiring the operation of a City-owned
or leased vehicle; or
(2) A currently suspended license for any reason, or
(3) A fraudulent license, or
(4) Any reason deemed valid by the City including excessive City
assessed points for driving violations.
c) Annual Physical Exam
3. Annual Physical Exam
a) Drivers who operate or are permanently assigned a City vehicle that
requires a Florida driver's license, Class A to -E (excluding Civil Service)
and/or operate equipment listed in Appendix A, will be required to submit
to an annual physical examination which will include testing for drugs
and/or alcohol.
b) Should the OHCP determine that an employee has medical restrictions
which prevent the safe operation of a City vehicle or is otherwise unfit to
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Policies and Procedures Manual Page 4
drive a City vehicle, the employee's Office Head/Department
Director/Division Manager will be notified immediately. It shall be the
responsibility of the Office Head/Department Head/Division Manager to
immediately revoke, in writing, the employee's City driving privilege and
to immediately notify the Safety Administrator.
D. Other Requirements
1. Employees who operate a City vehicle (over 8,000 pounds or having a vehicle
width in excess of 80 inches) are required to have a Florida Class A to D
Drivers License as appropriate.
2. Employees who operate a City vehicle will complete a satisfactory road test in
the operation of such equipment, when required, which will be administered by
the office/bureau supervisor. Supervisors who will administer such tests must
have completed training provided by the Health & Safety Manager or
designee.
3. Employees who operate a City vehicle shall report suspension or revocation
of license or any other change of status in their license to their Office
Head/Department Director/Division Manager or designee on the employee's
next working day. The Office Head/Department Director/Division Manager
shall report the changes to the Health & Safety Manager or designee. Failure to
report such changes of license status will subject employee to disciplinary
action up to and including termination.
4. Employees required to use privately owned vehicles for City business purposes
and who receive a regular monthly stipend for said use will be required to
comply with the terms and conditions of 4(B) through (D) of this policy except
the requirement of the annual physical.
5. Employees who operate a City vehicle are subject to Policy 800.3, Damage
Assessment.
6. Employees who operate a City vehicle and who cause or contribute to an
accident causing bodily injury or physical damage to property estimated at
$1,000 or more will be required to submit to a drug and/or alcohol test
administered by the investigating law enforcement agency and/or the
Occupational -Healthcare–Provider. Refusal to submit to these tests will
subject the employee to disciplinary action, up to and including discharge in
accordance with Policy 808.4, Drug Free Workplace; Policy 808.20,
Disciplinary Action; and appropriate collective bargaining agreement.
E. Licensed Drivers – Class A through E
1. Policy
a) Pursuant to Federal law, it is necessary to implement the Department of
Transportation rules regarding drugs and alcohol use and testing. The
purpose is to help prevent accidents and injuries resulting from misuse of
alcohol and drugs by drivers of commercial and certain non-commercial
motor vehicles.
b) Department of Highway Safety and Motor Vehicles issues the following
classes of licenses (A, B, C, D, and E):
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(1) Classes A, B, and C are for drivers of commercial motor vehicles
(2) Class D is for drivers of non-commercial vehicles that weigh 8,000
pounds or more but less than 26,000 pounds
(3) Class E is the regular operators license
2. Prohibitions-No driver shall:
a) Consume alcohol on the job or in uniform;
b) Consume alcohol four (4) hours prior to going on duty to perform a s
safety sensitive function;
c) Have an alcohol concentration of 0.02 or greater while reporting for or on
duty;
d) Possess alcohol while on duty operate a City vehicle while in possession
of alcohol;
e) Consume alcohol for 8 hours following an accident prior to taking a post-
accident drug and alcohol test;
f) Report for duty or remain on duty when under the influence of drugs;
g) Report for duty or remain on duty or perform a safety sensitive function
immediately after testing positive for drugs; or
h) Refuse to submit to testing for alcohol and/or drugs.
3. Types of Testing
a) Pre-employment test means a test (Post employment offer) for alcohol or
drugs administered prior to an applicant being formally assigned to a
position that performs a safety-sensitive function(s).
b) Post-accident test means a test for alcohol or drugs administered
following an accident caused or contributed to by a driver if: (1) the
accident involved the loss of human life; or (2) if the driver receives a
citation; or (3) if the accident resulted in bodily injury or property damage
of $1,000 or more.
c) Random test is an alcohol and drug test administered to drivers selected by
a scientifically valid means as required by the Department of
Transportation and which may occur on duty at any time.
d) Reasonable suspicion test means a drug or alcohol test that is based on a
belief that an employee is using or has used drugs or alcohol in violation
of the City's policy based on specific objective facts and reasonable
inferences drawn from those facts in light of experience. See further
definition at Section 808.4 (4)(A)()(7) Drug Free Workplace Policy.
e) Return to duty test means a test for alcohol or drugs administered before a
driver returns to a position requiring the performance of a safety-sensitive
function after engaging in conduct prohibited by this policy.
f) Follow-up test means a minimum of 6 alcohol and/or drug tests
administered within a 12-month period after the successful completion of
rehabilitation and a return to duty test. Unannounced testing may occur, on
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Policies and Procedures Manual Page 6
duty at any time, for up to 60 months from the date of initial positive test
upon the recommendation of the Substance Abuse Professional (“SAP”)
or MRO.
g) Routine duty test means a test for alcohol or drugs conducted as part of a
scheduled employee fitness-for-duty medical examination, or for required
annual physicals, or for annual driver's drug test, or prior to an inter-
departmental transfer or for any promotion.
4. Handling of Test Results
Medical Review Officer (MRO) Procedure
a) Dilute Specimens: A positive-dilute result will be treated as a verified
positive result. If the result is a negative-dilute specimen, the employee
will be required to take another test immediately. The result of the second
test becomes the test of record. If employee declines to take another test
immediately, the employee is determined to have refused to submit to
testing.
b) If the drug test is confirmed positive, the alcohol concentration is 0.04 or
higher, or if there is an adulterated, substituted or otherwise invalid test:
(1) MRO shall contact driver;
(2) Driver shall be required to contact the MRO as directed within 72
hours after the MRO (or DER if MRO is unable to make contact)
makes the initial contact and shall be required to see MRO;
(3) The MRO will schedule appointment with driver within three working
days after receiving results;
(4) MRO will review circumstances and will notify DER (Human
Resources Division Manager) or designee (Employee Relations
Specialist) if test is verified positive or negative. The DER will then
immediately notify Office Head/Department Director/Division
Manager;
(5) If employee is not terminated, he/she will be required to seek
appropriate counseling (including EAP) and/or medical treatment.
Employee must attend and successfully complete required programs.
Any subsequent confirmed positive drug test or any other confirmed
use of illegal drugs or controlled substances, at any time during the
employee's employment with the City, will subject the employee to
immediate termination;
(6) If not terminated, the employee shall enter into a written continuing
employment conditions agreement which outlines the
requirement(s) to complete the recommended program as outlined by
the MRO or SAP and to submit to a minimum of six unannounced
alcohol and/or drug tests within a twelve-month period after return-
to-duty. Unannounced testing may occur on duty at any time up to 60
months (5 years) after the initial positive test as directed by the MRO.
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Policies and Procedures Manual Page 7
(7) Failure to comply with the terms of the above shall be grounds for
termination.
(8) Employees are not eligible for promotion or voluntary transfer out of
their department until all terms, conditions and time frames of the
written agreement have been met.
c) The employee is not allowed to operate a City vehicle while under a
continuing employment conditions agreement or perform a safety-
sensitive function until undergoing either a return-to-duty alcohol test with
a concentration of less than 0.02 or a return-to-duty drug test with a
verified negative result.
d) If an employee tests positive for drugs or alcohol, cannot operate a City
vehicle, and is not terminated, - the employee must be reassigned,
demoted to another vacant position or be placed on paid leave (personal or
compensatory) or leave without pay until successful completion of a
return-to-duty test. The employee should be given work within his/her
same department before being placed on leave. Any positive drug/alcohol
test results related to an accident causing injury and/or property loss can
be grounds for termination. The employee's Office Head/Department
Director/Bureau Chief will send a disposition memo to Labor Relations.
5. Alcohol Testing Procedure
a) If an employee tests 0.02 to 0.039 alcohol concentration, MRO will notify
DER (Human Resources Division Manager) or designee (Employee
Relations Specialist) and DER will notify Office Head/Department
Director/Division Manager or designee immediately that the employee is
not allowed to operate a City vehicle for at least 24 hours. The Office
Head/Department Director/Division Manager will determine if the
employee should be reassigned for 24 hours to a job, which does not
involve performing a safety sensitive function. If the employee is relieved
of duty, only vacation/personal leave, compensatory, floating holiday or
unpaid leave may be used. Sick leave may not be used.
b) If an employee tests 0.04 or above, the Office Head/Department
Director/Bureau Chief will immediately notify the employee that he/she
cannot operate a City vehicle and will be subject to Section 4,b(1) above.
6. Return to Duty and Follow-up Testing Procedure
Before a driver may return to duty after a positive confirmed drug test or an
alcohol concentration of 0.04 or higher:
a) Driver must report to the MRO to be informed of the resources available
for evaluating and resolving problems associated with alcohol misuse and
drug use.
b) Driver will be evaluated by a Substance Abuse Professional who will
determine if the employee needs assistance.
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c) If a driver has been identified as needing assistance, he/she must be
evaluated by the Substance Abuse Professional to determine if the
rehabilitation program was properly completed.
d) Driver will undergo a return to duty alcohol or drug test after SAP has
determined that the driver has successfully complied with prescribed
education or treatment.
e) Driver is subject to unannounced follow-up tests as directed with a
minimum of 6 tests in the first 12 months following return to duty. -MRO
will coordinate follow-up testing. The follow-up testing plan follows the
employee from one job to another and through breaks in service.
f) Driver may be subject to both return to duty and follow-up testing for both
alcohol and drugs if recommended by the Substance Abuse Professional.
g) Follow-up testing shall not exceed 60 month (5 years) from initial testing.
h) Follow-up alcohol testing will be conducted just before or just after the
driver has performed a safety sensitive function.
7. Reasonable Suspicion Drug and Alcohol Testing Procedure
When a supervisor has a reasonable suspicion to believe that an employee is
using or has used drugs or alcohol, the Reasonable Suspicion Form must be
completed to document observations, etc. The supervisor or designee must
accompany the employee to the Occupational --Healthcare Provider site.
8. Post Accident Testing Procedure
a) After an accident, as described in E.3.b, an alcohol test will be
administered by the Occupational Healthcare Provider - or its designee
within 2 hours following the accident. If not, the Office Head/Department
Director/Division Manager or designee will prepare a record stating the
reason the test was not administered. The City or its designee may attempt
to administer the test up to 8 hours after the accident but will cease
attempts thereafter. If the test is not administered, the Office
Head/Department Director/Division Manager or designee will prepare a
record stating the reason the test was not administered. Records stating the
reason Post Accident Alcohol Tests were not administered shall be
submitted to Risk Management’s Health & Safety Manager or designee.
b) After an accident, as described in E.3.b, a drug test will be administered
within 32 hours or the Office Head/Department Director/Division
Manager or designee shall cease attempts and prepare a record stating the
reason the test was not administered. Records stating the reason Post
Accident Drug Tests were not administered shall be submitted to Risk
Management’s Safety Administrator and the DER.
c) The Office Head/Department Director/Division Manager will maintain
these records and forward a copy to the Safety Administrator.
d) If an accident, as described in E.3.b. occurs after normal business hours,
the supervisor will contact the -Occupational Healthcare Provider for
directions to the testing facility.
General Administration Department
Human Resources Division Section 800.4
Policies and Procedures Manual Page 9
9. Random Testing Procedure
a) As required by the Department of Transportation, the City must select a
sufficient number of drivers each year and perform random drug and
alcohol tests:
(1) The minimum annual percentage rate for random alcohol testing shall
be –per Federal DOT Guidelines of the average number of CDL, A,
B and C licensed driver positions.
(2) The minimum annual percentage rate for random drug or controlled
substances testing shall be -per Federal DOT Guidelines of the
average number of CDL, A, B and C licensed driver positions.
b) The selection process shall give each driver an equal chance of being
tested each time selections are made.
c) The driver shall only be tested for alcohol just before, just after or while
performing a safety-sensitive function.
d) Random alcohol and drug tests must be unannounced and have dates
spread throughout the calendar year.
e) A driver who is notified of selection for random drug or alcohol test must
proceed immediately to the test site.
10. Driver Reassignment
If a driver is reassigned to duties not involving a safety sensitive function,
he/she is no longer part of the random drug and alcohol testing pool; however,
upon such reassignment, the employee is subject to the Follow-up Testing
Procedures in Section 6. Once the driver returns to the safety sensitive function,
he/she is once again included in the pool and subject to random testing
requirements. The driver will be tested if he/she is out of the testing compliance
programs in excess of thirty calendar days.
11. Penalties
a) Any driver who tests 0.02 to 0.039 alcohol concentration on more than
three occasions in any twelve-month period will be terminated.
b) Any driver who refuses or fails to submit to a drug or alcohol test as
required by this policy shall be treated as having a verified positive drug
test and is subject to immediate disciplinary action up to and including
dismissal. The MRO will immediately notify the DER of any employee
refusal and the DER will immediately notify the Office Head/Department
Director/Division Manager.
c) If any driver tests positive for drugs or has an alcohol concentration of
0.04 or higher, the driver shall be removed from the safety sensitive
function and be evaluated by a Substance Abuse Professional to determine
what assistance, if any, the driver needs. In addition, the driver is subject
to immediate disciplinary action up to and including termination.
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Human Resources Division Section 800.4
Policies and Procedures Manual Page 10
d) An employee may be terminated if while at work the employee contributes
to an accident that resulted in bodily injury or property damage of $1,000
or more and tested positive for drugs or alcohol.
12. Confidentiality
a) The City shall only release driver medical information upon specific
written request from the driver.
b) The City may disclose information regarding drug and alcohol tests to the
decision maker in a lawsuit, grievance, or other proceeding initiated by or
on behalf of the employee, and arising from the results of alcohol and/or
drug tests or from the City's determination that the driver engaged in
conduct prohibited by this section including, but not limited to a worker's
compensation, arbitration, unemployment compensation, or other
proceeding relating to a benefit sought by the employee.
c) Records will be maintained, as required by the Department of
Transportation regulations, at the Occupational Healthcare Provider’s site.
13. Contesting Drug or Alcohol Test Results
a) An employee may contest the results of a positive confirmed drug test as
outlined in - - Section 808.4 Drug Free Workplace Policy, except that the
MRO must be given written notice that the results are being challenged
within seventy-two (72) hours after the employee receives notification of
the positive test results.
b) An employee may contest the results of an alcohol test result of 0.04 or
more as outlined in Section 808.21 - Grievances, or the appropriate
Bargaining Agreement Grievance Procedure.
:5 FORMS:
Post-Conditional Offer Form; Reasonable Suspicion Form.
:6 COMMITTEE RESPONSIBILITIES:
None.
:7 REFERENCES:
Operations Committee Minutes of September 22, 1969; City Council Minutes of
October 2, 1969; Procedure Section 745.3, adopted by City Council June 8, 1970;
amended March 6, 1972; Procedure 745.3 as amended, rescinded in entirety by
Procedure 710.5; Procedure 710.5, approved by City Council May 5, 1975, Item
33, rescinded in its entirety and replaced by Section 735.7 approved by City
Council March 28, 1977. Renumbered to 800.4, amended and approved by City
Council, May 20, 1985, Item 9A-13; amended August 3, 1992, Item 2CC;
amended by City Council June 21, 1993, Item 2-P; amended July 10, 1995, Item
UU; amended March 11, 1996, Item 3KK; amended August 23, 1999, Item
9CCC; amended January 28, 2002; amended October 14, 2002, Item B23;
amended September 15, 2003; re-formatted only April 2004.
General Administration Department
Human Resources Division Section 800.4
Policies and Procedures Manual Page 11
:8 EFFECTIVE DATE:
This procedure effective September 15, 2003.