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HomeMy WebLinkAboutResolution 95 - 15 Alcohol Drug TestingRESOLUTION 95.15 Be it resolved by the Mayor and City Council of the City of Rexburg that the following Drug/Alcohol Testing Policy be included in the City Personnel Policy. CITY OF REXBURG DRUG FREE WORKPLACE DRUG / ALCOHOL TESTING POLICY POLICY STATEMENT In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on drivers engaged in the transportation industry, the City of Rexburg has a responsibility to its drivers, and the public at large, to see that its commercial vehicle operators are both drug and alcohol free while on duty. This responsibility comes in light of recent studies showing that drivers who are under the influence of drugs or alcohol while on duty are more likely to cause accidents and injuries, both to themselves and co-workers, as well as the public at large. Therefore, the City of Rexburg is implementing this Drug and Alcohol Free Workplace Policy that includes within its provisions those regulations contained within the Department of Transportation (DOT) Controlled Substances and Alcohol Use and Testing, as contained in 49 CFR Part 382. Implementation Schedule This policy will become effective December 1, 1995, and will apply to all prospective and current drivers of this City who are required to obtain a commercial drivers license (CDQ in order to operate a commercial vehicle for this City (hereafter referred to as "drivers"). Questions Regarding This PolicX The City hereby designates the City Finance Officer as the person responsible for answering drivers questions relating to the provisions of this policy. Drivers' Use Of Alcohol The City is committed to ensuring that all drivers do not operate a commercial vehicle while under the influence of alcohol. Therefore, drivers of this City are not to consume alcohol within four (4) hours of reporting to work. Drivers are not to report to work or remain at work while having an alcohol concentration of .02 or greater. Drivers are prohibited from using or possessing alcohol while they are on duty. 1 Drivers' Use Of Illegal Drugs This City has an absolute prohibition against a driver's use of illegal drugs, or the illegal use or misuse of prescription medication. This prohibition extends to such use both on and off the job. Evidence that a driver has tested positive for the presence of illegal drugs pursuant to a test given under the terms of this policy will be proof sufficient to establish the drivers violation of this provision. DRUG AND ALCOHOL TESTING OF PROSPECTIVE AND CURRENT DRIVERS Pre -Employment Testing All prospective drivers will be tested for the presence of illegal drugs prior to driving a commercial vehicle for this City. Furthermore, all prospective drivers must disclose to the City all previous employers for whom they have worked as a CDL driver within the past two (2) years. The City will then request from those employers information regarding any incidents where the prospective driver has tested positive for illegal drugs or alcohol, or refused to test within the last two (2) years. In the event the City receives information from a past employer that the prospective driver has tested positive for drugs or alcohol within the last year, that prospective driver will not be offered employment, or their conditional employment will be terminated with the City. Drivers will be required to sign a consent form authorizing the City to conduct a check of each employer the driver has been employed with during the past two (2) years as a CDL driver to determine if the driver has tested positive for illegal drugs or alcohol. Any driver that is found to have previously tested positive for illegal drugs or alcohol and who is hired by the City must show that they have been evaluated by a Substance Abuse Professional and were found to be non drug or alcohol dependent. It will be the City's responsibility to ensure that any required follow-up tests of such drivers are conducted as required by DOT regulations. Random Testing All drivers will be subject to random drug and alcohol testing. Random testing selections shall be made by a scientifically valid method that will result in each driver having an equal chance of being tested each time selections are made. Random testing for alcohol will take place just prior to, during, or just after a driver's duty time. Post -Accident A driver operating a commercial vehicle for the City that is involved in a reportable accident will be tested for both illegal drugs and alcohol as soon as practical. For terms of this policy a reportable accident means an accident that results in a fatality, or where someone involved requires medical treatment away from the scene, or if one of the vehicles is towed away, and there is a citation issued to the driver in connection with the accident. Alcohol testing must be 2 administered within two (2) hours of the accident where possible, but in no case later than eight (8) hours. Drug testing must be administered within 32 hours of the accident. Any driver required to be tested under this section must remain readily available for such testing and such a driver may not consume alcohol within eight (8) hours of the accident or until they have been tested for alcohol. A driver involved in an accident requiring a drug and alcohol test must notify the City contact of the accident as quickly as possible and comply with those instructions given them relative to their taking a drug and alcohol test. Reasonable Cause The City may require a driver to be tested for illegal drugs or alcohol when there is reasonable suspicion to believe a driver is under the influence of illegal drugs or alcohol while at work. Baseline Testing In initiating the provisions of this drug free workplace policy, the City will require all drivers to submit to testing for the presence of illegal drugs as soon after the effective date of this policy as is deemed necessary. Specimen Collection Procedures And Test Result Notification Adulteration Or Submission Of A Concealed Specimen If, during the collection procedure, the collection monitor detects an effort by a driver to adulterate or substitute a specimen, a second specimen will be immediately requested. If a second specimen is provided, that specimen will be tested. If the request for a second specimen is refused, the collection monitor will inform the City contact of the driver's refusal to submit a true specimen. Such conduct by the driver will be considered as a refusal to provide a true specimen for testing. In the event that a prospective or current driver submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the driver of that result and request that driver submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. Drug / Alcohol Specimen Collection Procedures All testing for illegal drugs will be done by the testing of a driver's urine specimen. All such testing will utilize the split specimen collection procedure. Under that procedure, each driver will have his/her urine specimen sealed in two separate containers and both sent to a SAMHSA certified laboratory for testing. If a drivers first specimen tests positive, that driver may request, within three (3) days of the positive notification, that the other specimen be tested at another SAMHSA laboratory. This 3 second test will be done at the driver's expense unless the second test comes back negative. During the time the second specimen is being tested, the driver may be suspended without pay. Any driver who has a test come back negative on a test of their split specimen will be given back pay for the time of the suspension and will be paid for the cost of the retest. All specimen collections will be conducted by personnel that have been instructed and trained in collection procedures set by the DOT. All testing for alcohol will be done by the use of DOT approved alcohol testing procedures conducted by trained and qualified alcohol testing technicians. Notification Of Test Results This City has arranged that all test results, both drug and alcohol, will be forwarded to the City contact through Minert & Associates, Inc., as the representative of the City, and as the representative of the Medical Review Officer (MRO). Prior to the City being informed that a prospective or current driver has tested positive for illegal drugs, the driver will be offered an opportunity to personally discuss the positive drug test with the MRO or his representative. The MRO will follow up on such information as is appropriate. Any driver who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If this is verified, the driver's test result will be reported as negative. If, after consideration of the matter, the MRO finds no reason to doubt the validity of the positive test, that result will be conveyed to the City contact, as well as the identity of the drug. If the driver cannot be located, the MRO, or his representative, may request that the City contact arrange for the driver to contact the MRO as soon as possible to discuss the results of the positive test. The MRO will communicate a positive result to the City without discussing the result with the driver if the driver expressly declines the opportunity to discuss the results of the test, or the driver is instructed by the City to contact the MRO but fails to do so within five (5) days. Refusal A driver operating a commercial vehicle for this City may not refuse to take a drug or alcohol test when requested to do so, consistent with the terms of this policy. Such a refusal will be considered equivalent to testing positive for illegal drugs or alcohol. A driver will be considered as refusing to test if he/she expressly refuses to take a test when so requested, or otherwise fails to provide an adequate breath, saliva, or urine sample without a valid medical explanation. Additionally, a driver will be considered as refusing to test if he/she engages in conduct that clearly obstructs the testing process. Effect Of Testing Positive For Drugs Or Alcohol Any prospective driver that tests positive for the presence of illegal drugs will not be hired. Any current driver that tests positive for the presence of illegal drugs or alcohol will be allowed to continue working for the City subject to the terms and conditions of the City's Employee Assistance Agreement. Any driver that tests positive a second time for the presence of illegal 4 drugs or alcohol will immediately be terminated from employment with the City. Any driver that tests positive for illegal drugs or alcohol, and is allowed to continue to drive for this City, must first consult with a Substance Abuse Professional (SAP) to determine if he is drug/alcohol dependent. If it is determined that he is not drug/alcohol dependent he may return to work after he takes, and passes, a drug/alcohol test, at his expense (return to duty testing). Thereafter, such a driver will be subject to random drug/alcohol testing the next year which will include at least six (6) unannounced drug or alcohol tests ( follow-up testing). For purposes of this policy, a driver tests positive for alcohol when that driver's blood alcohol concentration (BAC) is .04 or above. If a driver tests between .02 and .039 BAC, that driver will not be allowed to operate a commercial vehicle for this City for 24 hours from the time of the test. A driver that twice tests between .02 and .039 BAC in a year's time will be treated as the equivalent of testing positive for alcohol. This last provision is done as a matter of City policy and is not as required by the DOT. Passed by the Council and approved by the Mayor this 20th of December, 1995. City of Rexburg Mayor Date Attest: _ e / City Clerk