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HomeMy WebLinkAboutResolution 03-1996 RESOLUTION NO. 3-96 WHEREAS, a comprehensive personnel policy governing the managerial, organizational and operational affairs of the City of Brookings employees has been adopted by the Brookings City Commission. WHEREAS, the Commission finds that amendments and additions to the policies as set forth in said statement should be made. WHEREAS, federallaw mandates drug and alcohol testing for commercial drivers license (CDL) public employees and a policy outlining the circumstances, procedures and consequences is necessary for the City of Brookings to comply with this law, NOW, THEREFORE, BE IT RESOLVED by the Brookings City Commission that Article (XIX) Safety, be added to the personnel policy and Section IV be called Controlled Substance and Alcohol Use/Abuse Testing for Required Commercial Drivers License(CDL) Holders and contain the attached policy. Passed and approved this 2nd day of January, 1996. � Mayor AT oo,�, �+� °a"�,��y' MI1R.9 � 1883 " � ���N . ��� Finance Officer Policy: Controlled Substance and Alcohol Use/Abuse Testing for Required Commercial Drivers License (CDL) Holders Issue Date: Effective Date: January 1, 1996 Revision Date: Purpose: The Deparfment of Transportation (DOT) and the Federal Highway Administration (FHA) have issued Federal Regulations (49 CFR Parfs 40 and 382) implementing the provisions of the Federal Omnibus Transporfation Employee Testing Act of 1991 which requires alcohol and controlled substance tests for those who are required to possess a Commercial Drivers License (CDL). These regulations include detailed procedures for urine controlled substance testing and breath alcohol testing (BAT) of employees in safety-sensitive positions. The purpose of this policy is to establish an alcohol and controlled substances testing program to help prevent accidents and injuries resulting from the misuse of these substances by employees that possess a CDL and operate or service commercial motor vehicles. The City of Brookings has established the following alcohol and drug abuse prevention program as well as the subsequent enforcement of violations for its employees performing safety-sensitive job functions. Applicabilitv: All regular, seasonal, or parf-time employees who are required by job description to hold a CDL license and are performing, commencing to perform, subject to perform, or concluded safety-sensitive duties. In General: The City of Brookings in keeping with its commitment to provide a drug free work environment recognizes that the use and/or abuse of alcohol and/or controlled substances by drive�s of commercial vehicles presents a significant threat to the safety and health of the employee and the general public. In order to come into compliance with the Omnibus Transportation Employee Testing Act of 1991, the City of Brookings has implemented an alcohol and controlled substance testing program which is designed to help reduce and avoid traffic accident injuries to our employees and the public, to eliminate substance and alcohol abuse, and to reduce absenteeism, accidents, health care costs, and other drug and alcohol related problems. Responsibilitv: The City of Brookings strictly prohibits the use of alcohol and/or controlled substances by employees required to possess and maintain a Commercial Drivers License (CDL) when they are performing, subject to being called to perform, commencing to perform or concluded safety- sensitive duties are subject to alcohol and controlled substance testing. Safety-sensitive duties for this policy are defined as all duties performed by an affected employee for the City of Brookings. City of Brookings/Drug 8� Alcohol Testing � Policy Page 1 Requirements: PROH/B/TED CONDUCT All drug and alcohol use/abuse as previously stated is prohibited including the following: A. Alcohol Use: No covered employee: 1) will report for duty or remain on duty when his/her ability to perform assigned safety sensitive functions is adversely affected by alcohol or when his/her alcohol concentration is 0.02 or greater, 2) will use alcohol while on duty, and/or 3) will use alcohol during the hours he/she is On Call or Standby, 4) will use alcohol within eight hours after an accident or until tested (for drivers who are required to be tested). B. Drug Use: The consumption of illegal drugs is prohibited at all times. TESTING CIRCUMSTANCES A. Pre-employment and Pre-transfer: Tests for alcohol and drug tests will be given to applicants after a conditional job offer contingent on appropriate results of the tests for substance use and/or abuse, but prior to actually beginning employment. No current employee can transfer from Q position not requiring a CDL to a position which requires a CDL until the employee takes a drug test with a verified negative result even if the transferring employee currently possesses the necessary CDL. B. Post-accident:The City will conduct alcohol and drug tests within two (2) hours after a reporfable accident on duty involving the employee, where the actions of the employee could have contributed to the accident. A reportable accident shall include any of the following, but not limited to: a fatality, a citation issued under state or local law for a moving violation, or an injury. C. Reasonable Suspicion: The City will conduct an alcohol and/or drug test when there is reasonable suspicion to believe that a covered employee has violated the prohibitions of this policy. The determination of redsonable suspicion must be mode by a supervisor who is trained in detecting the signs and symptoms of alcohol misuse and drug abuse and must be based upon specific, immediate, and clearly obvious observations conceming the appearance, behavior, speech, or body odors of the covered employee. The employee under suspicion will be transporfed to a testing facility as prescribed in union contract which applies. D. Random: The City will conduct drug and alcohol tests on an unannounced, selected by a scientifically valid method from a pool of CDL holders, reasonable throughout the calendar year, City of Brookings/Drug 8.Alcohol Testing ( Policy Page 2 selected while performing, immediately prior to performing or immediately after performing work functions, (work hours�. The employee must proceed immediatelv to testing site upon selection. These tests will be paid for by the Employer. E. Return to duty and follow-up: The City of Brookings reserves the right to review individucal circumstances regarding a positive alcohol test result, 0.04 or greater, prior to approving any return to duty or follow-up plan. Considerations would be, but not limited to, concentration level, post accident, past alcohol � history, cooperation and performance. Prior to a retum to duty, the employee shall agree to submit to a minimum of six (6) random tests in the twelve months following the original test and all associated costs and expenses for alcohol tests, time off and benefits paid, counseling or treatment relating to qualifying for return to duty will be employee's responsibility. (A positive test for controlled substance is grounds for termination; therefore, follow-up or return to duty testing does not apply.) PROCEDURES AND SUBSTANCES TO BE TESTED fOR.• A. Alcohol tests: Alcohol testing will be done by a certified Breath Alcohol Technician (BAT) using an Evidential Breath Testing device (EBT) capable of calibration of one hundredths (0.00) and approved by the National Highway Traffic Safety Administration (NHTSA) as required under 49 CFR Parf 40 Subpart C. Random alcohol tests will be done on 25%of the CDL pool per calendar year. Location of tests will be conveyed to the selected CDL holder. Upon notice and upon reporting to designated location, the employee shall provide positive identification. Completion of BAT forms with employee signature and parficipation/cooperation by employee will be required. In circumstances involving an accident as described under Testing Circumstances Section B. and where a positive BAT has been performed, a blood alcohol screening will be required. Failure by employee to cooperate, participate, or sign BAT forms will be considered a "refusal". Refusal of any test or part thereof is grounds for disciplinary action including termination. A screening test with a result of 0.02 grams or greater of alcohol will be followed by a confirmation test. The confirmation test, must be conducted using an EBT as outlined in the NHTSA guidelines. If the confirmation test is 0.02 but less than 0.04, the employee will be removed from the work site for a minimum of twenty-four (24) hours and placed on Leave Without Pay (LWOP). If the confirmation test result is 0.04 or greater, the employee will be removed from the work site and place on (LWOP) until a determination as to their employment status has been made. B. Controlled Substance Tests: Controlled substances for which tests will be conducted are marijuana, (THC metabolite) City of Brookings/Drug &Alcohol Testing � Policy Page 3 cocaine, amphetamines, opiates, including heroin and phencyclidine (PCP). Urine specimens will be used to test for these drugs. To ensure accuracy, specimen collection, handling, and testing procedures will be conducted according to the US Department of Health and Human Services (DHHS) guidelines as required under 49 CFR Parf 40 Subpart B. Procedures will include "chain of custody" and split sample collection. One of the two parts will be tested. After review by a medical review officer (MRO) and a verified positive test occurs, the employee has the option, within three (3) days to have the second part of the specimen tested at a different conforming laboratory at their expense. Random drug tests will be done on 50%of the CDL pool per calendar year. Location of tests will be conveyed to selected CDL holders upon notice and identification of employee at collection site is required. Cooperation and parficipation, including required signatures by the employee is required. Refusal and/or positive controlled substance test result will be grounds for termination. All drug test results are reviewed and interpreted by a physician (Medical Review Officer (MRO)) before they are reporfed to the employer. If the laboratory reporfs a positive result to the MRO, the MRO contacts the driver (in person or by telephone) and conducts an interview to determine if there is an altemative medical explanation for the drugs found in the driver's urine specimen. If the driver provides appropriate documentation and the MRO determines that it is legitimate medical use of the prohibited drug, the drug test result is reported as negative to the employer. For purposes of this policy, the MRO is the City Health Officer or his designated appointee. CONSEQUENCES FOR VlOL4TlONS.' A. Refusal: Refusal to take a required controlled substance or alcohol test, failure to report for scheduled test, failure to cooperate with testing officials, or failure to comply with follow- up program or conditions will result in removal from assigned work which, in turn, will result in disciplinary action including termination. B. Positive Controlled Substance test: After confirmation from the Medical Review Officer (MRO) of a positive test result, the employee will be removed from duty and served with a letter of intent of termination. C. DUI Conviction: Employees driving under the influence (DU1) conviction while operating City equipment will be served with a letter of intent of termination. City of Brookings/Drug 8�Alcohol Testing � Policy Page 4 D. Alcohol Test Result of 0.04 or Greater: An employee with a confirmation test of 0.04 or greater will be removed immediately from the work site and placed on Leave Without Pay (LWOP) until a determination as to their employment status has been made. The employee must present a verified EBT test of 0.02 or less, an evaluation from a Substance Abuse Professional (SAP)(at their expense) and meet with their supervisor and Human Resources Officer for General City employees and the Deparfment Manager for Municipal Utility employees in order to qualify for consideration for return to work within five (5) calendar days of being placed on LWOP. At this time, notification and/or continued employment conditions will be conveyed in writing to the employee as soon as reasonable. E. Alcohol Test Result of Greater Than 0.02 But Less Than 0.04: The employee will be removed immediately from the work site for a minimum of twenty-four (24) hours and placed on Leave Without Pay (LWOP). The employee must present a verified EBT test of 0.02 or less, and meet with their supervisor and the Human Resources Officer for General City employees and the Deparfment Manager for Municipal Utility employees. A determination as to the conditions of continued employment of the employee will be reviewed. CONTACT PERSON.� City of Brookings Human Resources Officer A drug and alcohol free work environment is especially important because of the City's basic responsibility to serve the public safely without interruption. Together we can fulfill these goals and objectives. Mayor Commissioner Commissioner Commissioner Commissioner City of Brookings/Drug &Alcohol Testing � Policy Page 5 � . , � CITY OF BROOKINGS CONTROLLED SUBSTANCE 8�ALCOHOL USE/ABUSE TESTING FOR COMMERCIAL DRIVERS LICENSE (CDL) I have received a copy of the City of Brookings drug and alcohol use/abuse testing policy. I agree to conform to this policy and I understand that if I do not conform to this policy, action will be taken. Name Date City of Brookings/Drug 8�Alcohol Testing � Policy Page 6