HomeMy WebLinkAboutRes2009-143 Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2009 -143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE REVISED CITY EMPLOYEE DRUG AND
ALCOHOL POLICIES.
WHEREAS, the City of Seward Personnel Regulations may be revised or modified from
time to time based on changing conditions; and
WHEREAS, the City Council approves personnel policies and procedures developed by the
city manager; and
WHEREAS, the Administration has determined that the attached revised drug and alcohol
policies are in the best interest of the City of Seward and it's personnel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that
Section 1. The City of Seward's revised drug and alcohol policies attached to this resolution
arc hereby approved.
Section 2. This resolution shall take effect 30 days upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th
day of December, 2009.
THE CITY OF SEWARD, ALASKA
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illard E. Dunham, Mayor
AYES: Valdatta, Bardarson, Kcil, Shafer, Amberg, Dunham
NOES: None
ABSENT: Smith
ABSTAIN: None qt 0 °1 ' ✓
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ATTEST:
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w-- Jeatrrewis CMC, CI / Clerk ' '• tt °
(City Seal) C V
Council Agenda Statement
Meeting Date: December 14, 2009a°F se
From: Phillip Oates, City Manage �,�-
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Agenda Item: Revised City Employee Drug Alcohol Policies
BACKGROUND & JUSTIFICATION:
The current City of Seward Commercial Driver's License (CDL) policy was modified in 1997.
Based on changing conditions, a thorough review of the City of Seward's drug and alcohol policy
was conducted. A new CDL policy has been drafted, as well as an "All Employee" drug and
alcohol policy. The City of Seward has two drug and alcohol policies for the following reasons;
the City is mandated under the 49 Code of Federal Regulations (CFR) to have drug testing for all
employees whose employment require a Commercial Driver's License (CDL). This regulation
requires random drug and alcohol testing of all CDL drivers. The City of Seward also requires an
"All Employee" drug and alcohol policy to enforce the commitment to a drug free work
environment.
The most notable change to the CDL policy is the adoption of the State of Alaska DOT
employee's prohibited conduct and disciplinary consequences for controlled substances and
alcohol. The City of Seward is taking a strong stance on prohibiting inappropriate conduct. By
adopting the state's consequences, we will send a strong message to employees, and the
community, that the City does not tolerate the illegal use or possession of alcohol or drugs.
The "All Employee" policy includes drug testing of all new or returning employees prior to
reporting for work. A negative drug test will also he a condition of employment for safety -
sensitive and public safety positions.
Random drug testing for all employees is not legally enforceable. The City of Seward is a
municipality and does not have the same rights as a public employer in regards to random testing.
The City would be violating an employee's right to privacy if random testing was required of all
City employees.
One last noticeable change to the policies is that guidelines have been established for post accident
testing. The City does not want to discourage reporting of accidents. Therefore the following
guideline have been established when drug and alcohol testing will be required after an accident.
• Loss of human life or injury to self or others beyond first aid
• Issuance of a moving traffic citation involving injury beyond first aid
• Issuance of a moving traffic citation involving property or vehicle damage in
excess of $1,000
ATTORNEY REVIEW: Yes
Both of the drug and alcohol policies have been reviewed by the City of Seward's Attorney. The
policies are written to the extent enforceable by law.
It is not standard policy to seek council approval fbr personnel policies through a resolution.
However, because of the cost associated with this policy, a council resolution was drafted.
CONSISTENCY CHECKLIST: Yes No
I. Comprehensive Plan
2. Strategic Plan
3. Other
4. Not applicable
FISCAL NOTE:
Departments included funding for pre - employment drug tests in their 2010/2011 budget preparation.
The test cost is approximately S100 cach and the city anticipates conducting 40 tests annually.
Approved by Finance Department 44..Gi
Council approves Resolution 2009 - , approving the revised City employee drug and alcohol policy
effective December 14, 2009.
City of Seward
All Employee
DRUG AND ALCOHOL POLICY
AND PROCEDURES MANUAL
Non -DOT Policy
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October 2009
TABLE OF CONTENTS
Page
SECTION I - INTRODUCTION AND GENERAL INFORMATION
A. Drug and Alcohol Prohibition Policy
B. Effective Date of Policy
C. Applicability
D. Circumstances Under Which Testing May Be Conducted
SECTION II - CONSEQUENCES OF VIOLATING POLICY
A. General
B. Violations and Discipline
C. Requirements For Return -To -Duty
SECTION III - SAMPLE COLLECTION AND TESTING PROCEDURES
A. Collection of Samples
B. Testing Procedures
C. Review of Drug Testing Results
SECTION IV - EMPLOYEE ASSISTANCE PROGRAM (EAP)
A. Scope of Program
B. Supervisory Training
SECTION V - CONFIDENTIALITY OF RESULTS
A. General
SECTION VI - DEFINITIONS
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DRUG AND ALCOHOL POLICY
SECTION I. INTRODUCTION AND GENERAL INFORMATION
A. Drug and Alcohol Prohibition Policy
1. Policy. The City of Seward (City) has a long- standing commitment to maintain the highest
standards possible for the health and safety of its employees, customers, clients, and the
public at large. The use of or impairment by drugs and/or alcohol during worktime is
contrary to these high standards and will not be tolerated.
2. Purpose. The purpose of this Drug and Alcohol Policy ( "Policy ") is to maintain the highest
safety, health, and work performance standards possible, and to reduce work - related
accidents, injuries, and damage which may be caused by drug or alcohol use or
impairment. This policy is also intended to ensure the maintenance of productivity, the
quality of products and services, and the security of property.
3. Prohibited Conduct. The following conduct is prohibited, and may result in discipline, up
to and including dismissal:
a. The unauthorized use, possession, manufacture, distribution or sale of an illegal
drug, controlled substance or drug paraphernalia on or in City -owned property
(including City - supplied vehicles) or while on City business, or during working
hours.
b. Storing any illegal drug, drug paraphernalia, or any controlled substance whose
use is unauthorized, in or on City -owned or supplied property (including
vehicles).
c. Reporting to work, working, or acting or appearing on behalf of the City while
under the influence of illegal drugs or a controlled substance whose use is
unauthorized.
d. Failing to notify the employee's supervisor before beginning work that the
employee is taking medications or drugs which may interfere with the safe and
effective performance of duties.
e. Refusing to immediately submit to a drug or alcohol test when requested by the
City, in accordance with this policy.
f. Failing to adhere to the requirements of any drug or alcohol treatment or
rehabilitation program in which the employee is participating, either: (1) as a
condition of continued employment, or (2) pursuant to a written agreement
between the City and employee.
g. Violating any criminal drug law or statute on or off duty.
h. Violating any alcohol law or statue while working.
Failing to notify the City of any arrest or conviction under any criminal drug
or alcohol law or statute by the next work day following the arrest or conviction.
j. Testing positive for drugs or alcohol in violation of this policy.
k. Tampering with, adulterating, altering, substituting or otherwise obstructing any
drug or alcohol testing process required under this policy.
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Reporting to work or remaining on duty requiring the performance of a safety
sensitive function while having an alcohol concentration of greater than .04 Note --
see section III B. 6), or if the employee is otherwise impaired by or under the
influence of alcohol.
m. Consuming or using alcohol while on duty, or while performing a safety sensitive
function.
n. For employees reporting to work a regularly scheduled shift, within eight hours of
consuming or using alcohol. On -call employees who are requested to report to
work before or after a regularly scheduled shift to perform a safety sensitive
function and have consumed alcohol within the previous eight hours must
acknowledge the use of alcohol and may not report for duty.
B. Effective Date of Policy
1. This policy will become effective on January 14, 2010.
2. Each department head shall post the Policy in a prominent location readily accessible to
all covered employees.
3. A copy of this Policy will be distributed to each employee, who will be required to sign a
statement acknowledging receipt of said Policy and his /her agreement to comply with
same.
C. Applicability
1. Individuals Subiect to Drug and Alcohol Policy: Any prospective employee or employee of
the City.
2. Substances Tested For and Positive Results. The City shall test for alcohol and the
following drugs:
Screening levels:
THC (Marijuana) - 50 ng /ml
Cocaine Metab. - 300 ng /ml
Opiates - 2000 ng /ml
PCP (Phencyclidine) - 25 ng /ml
Amphetamines - 1000 ng /ml
Methamphetamines - 1000 ng /ml
Testing by evidential Breath Testing Device
Alcohol - .02 -.039 not allowed to work that day.
Confirmation levels (GC /MS) *:
THC (Marijuana) - 15+ ng /ml
Cocaine Metab. - 150+ ng /ml
Opiates - 2000+ ng /ml
PCP (Phencyclidine) - 25+ ng /ml
Amphetamines - 500+ ng /ml
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Methamphetamines - 500+ nglml
Tested by Evidential Breath Testing Device
Alcohol - .04 or greater positive.
* SAMHSA specified threshold
Test results at or above the confirmation level will be considered a positive test.
D. Circumstances Under Which Testing May Be Conducted
The City will test employees for drugs and /or alcohol under the following conditions:
1. Condition of Employment Testing (Drugs Only)
A negative drug test will be a condition of employment. A positive test result is grounds for
denying employment and a negative result is required prior to reporting for work.
2. Condition of Employment Testing of Safety- Sensitive and Public Safety Positions.
A negative drug test will be a condition of employment for safety- sensitive and public
safety positions.
a. A non - safety sensitive employee who transfers, is promoted, demoted,
rehired, or is reinstated, to a safety- sensitive position shall be required to
complete a condition of employment drug test.
b. Police and fire department employees who transfer, are promoted, demoted,
rehired, or reinstated to another position are required to complete a condition
of employment drug test.
c. Failure to take and successfully pass the urinalysis drug test shall disqualify
the employee of employment.
3. Post - Accident Testing
a. Persons Subject to Post - Accident Testing.
Employees involved in an accident or who have contributed to an accident in the
workplace or during work time, as described below, will be required to undergo
drug and /or alcohol impairment testing. Such a test will be conducted as soon as
practicable after the accident. Any injury should be treated first.
The following accidents or incidents will require testing:
* Loss of human life or injury to self or others beyond first aid
* Issuance of a moving traffic citation involving injury beyond first aid
* Issuance of a moving traffic citation involving property or vehicle damage in
excess of $1,000
b. Obligations of Employee Subject to Post - Accident Testing.
1. Report the accident to the police, department head and personnel officer
immediately following an accident.
2. An employee who is subject to post- accident testing shall not consume
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October 2009
alcohol for 8 hours after the accident, or until s /he has taken an alcohol
test, whichever occurs first.
3. An employee who is subject to post- accident testing must remain readily
available for such testing and may not take any action to interfere with the
testing or the results of testing.
Employees who do not comply with the post- accident testing requirements, or who fail or refuse to
provide a sample for testing, will be considered to have refused to submit to testing and will be
subject to appropriate disciplinary action, including termination.
4. Reasonable Suspicion Testing
Any employee whom the City reasonably suspects may be affected by the use of drugs or alcohol
which may adversely affect job performance, safety or the work environment may be required to
submit to a drug and /or alcohol test. Reasonable suspicion testing is done to identify drug and
alcohol affected employees who may pose a danger to themselves or others in their job
performance.
Trained supervisors will make the decision whether there is reasonable suspicion to believe an
employee is impaired by or under the influence of a drug or alcohol while on duty in violation of
this policy.
a. When Reasonable Suspicion Exists
The decision to test must be based on a reasonable and articulable suspicion or
belief that the employee is under the influence of an unauthorized drug or alcohol.
Reasonable suspicion is a belief based on contemporaneous articulable
observations concerning the employee's appearance, behavior, speech or body —
odors, or other reliable evidence or information, that the employee is under the
influence of or impaired by drugs or alcohol. For example, any of the following,
either alone or in combination, may constitute reasonable suspicion:
1. Slurred speech;
2. Irregular or unusual speech patterns;
3. Impaired judgment;
4. Alcohol odor on breath;
5. Uncoordinated walking or movement;
6. Unusual or irregular behavior such as inattentiveness,
listlessness, hyperactivity, hostility or aggressiveness;
7. Possession of drugs or alcohol;
8. Observation of drug or alcohol use prior to reporting to work or
during working hours.
Reasonable suspicion determinations will be made by supervisory personnel who
have received training concerning the signs and symptoms of drug and alcohol
use.
The observing supervisor shall document the events and record the behavioral
signs and symptoms that support the reasonable suspicion. If possible, a second
supervisor should also observe the employee to verify that there is a reasonable
basis to believe that a drug or alcohol violation has occurred.
b. Events After Determination Is Made -
When a determination is made that reasonable suspicion exists that an employee
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October 2009
is under the influence of drugs or alcohol in violation of this policy, the employee
shall be immediately relieved of his /her duties, pending further action.
The observing supervisor shall immediately notify the department head or other
appropriate supervisor if reasonable suspicion is found to exist. Upon review,
the department head or other appropriate supervisor may direct or authorize that
the employee in question immediately submit to a drug and /or alcohol test.
c. Reports of Possible Violation by Supervisory Personnel
If a non - supervisory employee has reason to believe that a supervisor subject to
this policy is under the influence of drugs or alcohol at work in violation of this
policy, then s /he shall report such potential violation to the Personnel Officer who
will there after take appropriate action.
5. Return -to -Duty Testing
An employee who refuses to take or fails a drug test and whose employment is not
terminated may not return -to -duty until s /he is evaluated by the Substance Abuse
Professional (SAP), passes a drug test, and the Drug Program Manager has determined
that the employee may return to work.
An employee who refuses to take or fails an alcohol test and whose employment is not
terminated may not return to work until the employee is evaluated by a Substance Abuse
Professional and has completed the recommended treatment.
6. Follow -Up Testing
An employee who is referred for assistance related to drug or alcohol misuse may be
subject to unannounced follow -up testing for a period not to exceed 60 months, as
directed by the SAP. The number and frequency of follow -up testing will be determined
by the SAP and the City, but will not be less than six tests in the first 12 months
following the employee's return to duty. Follow -up testing will be conducted immediately
prior to, during or immediately preceding worktime for that employee.
SECTION II. CONSEQUENCES OF VIOLATING POLICY
A. General
Compliance with this policy is a condition of employment. Refusal to take a required drug or
alcohol test, a positive drug or alcohol test, or engaging in an activity or behavior which otherwise
violates this Policy shall, at a minimum, result in removal from performing assigned functions.
Additional disciplinary action may follow, including termination.
B. Violations and Discipline
The City may take adverse employment action, up to and including dismissal, based on:
1. a positive drug or alcohol test result;
2. a criminal conviction for a drug offense, on or off duty;
3. a prospective employee or employee's refusal to provide a drug or alcohol testing
sample;
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October 2009
4. An employee's failure to notify the employee's supervisor, before beginning
work, that the employee was taking medications or drugs which might interfere
with the safe or effective performance of duties;
5. Verification of valid current prescription or legal use of such drug is not provided
upon request by the next scheduled work day;
6. Misuse of the prescription or recommended drug; or
7. Otherwise violating the terms and requirements of this policy.
Potential adverse employment action may include one or more of the following:
1. A requirement that the employee enroll in a City - provided or approved rehabilitation,
treatment or counseling program. This program may include additional drug and alcohol
testing. Participation in such a program is a condition of employment. Costs of
participating in such a program will be borne by the employee;
2. Suspension, with or without pay;
3. Termination of employment;
4. In the case of drug testing, refusal to hire the prospective employee; and /or
5. Other or additional adverse employment action, at the election and discretion of the
City.'
C. Requirements For Return -To -Duty
An employee who is not terminated for violating this policy may be given the opportunity to return
to work provided s /he first:
1. Receives a recommended return to work evaluation by a SAP and the Medical Review
Officer;
2. Passes a Return to Work drug and /or alcohol test;
3. Continues to receive negative drug or alcohol test results in follow -up tests after returning
to duty; and
4. Participates in and successfully completes any applicable City approved
evaluation /rehabilitation program.
SECTION III. SAMPLE COLLECTION AND SAMHSA TESTING PROCEDURES
A. Collection of Samples
1. Testing under this policy is a urinalysis (for drugs) and an evidential breath testing device
(for alcohol) administered under approved conditions and procedures conducted for the
sole purpose of detecting drugs or alcohol. Other on -site methods to detect the presence
As long as employees, current and prospective, are adequately informed of the consequences of violating
the policy, employers may elect lesser or more severe forms of discipline, at their option. Consistency in the
application of discipline is very important, however. In addition, an employer's obligation of reasonable
accommodation under the Americans With Disabilities Act and the disability discrimination provisions of the Alaska
Human Rights Act may under some circumstances require that the employer allow an employee suffering from
alcoholism to seek treatment or rehabilitation, rather than terminate, for a first offense.
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October 2009
of alcohol may also be used, including blood /alcohol and saliva tests.
2. The test will be collected by the Providence Seward Medical Center or a certified medical
laboratory and paid for by the City. The medical laboratory is responsible for the proper
testing and to ensure the proper chain of custody for the test sample collected.
3. All drug test samples will be collected by the split sample collection method. However, if
a split sample is not collected, the single sample will be collected and sent to the
laboratory for testing.
4. The person collecting the drug sample will document the sample, including labeling the
sample to preclude to the extent reasonable the possibility of misidentification of the
person tested in relation to the test result provided.
5. The person collecting the sample shall provide the person to be tested with an
opportunity to provide medical information that may be relevant to the test, including
identifying current or recently used prescription and nonprescription drugs.
6. Sample collection, storage, and transportation to the testing place shall be performed in a
manner reasonably designed to preclude the possibility of sample contamination,
adulteration or misidentification.
7. An employee designated for testing must provide reliable individual identification to the
person collecting the sample.
8. With the exception of pre - employment drug tests, drug and alcohol tests will normally be
scheduled during, or immediately before or after, the employee's regular work period or
worktime. With the exception of pre - employment drug tests, testing under this policy is
considered work time and will be compensated at the employee's normal rate of pay.
9. Sample collection will be performed in a manner which ensures the individual
employee's privacy to the maximum extent consistent with ensuring that the sample is
not contaminated, adulterated, or misidentified.
10. The City will pay the entire actual costs for drug and alcohol testing required of
employees and prospective employees. The City shall also pay reasonable
transportation costs to an employee if the required test is conducted at a location other
than the normal work site.
B. Testing Procedures
1. Unless testing is conducted on -site, the City shall use a drug- testing laboratory approved
or certified by the Substance Abuse and Mental Health Services Administration
( SAMHSA).
2. If non - instrumented drug tests are used then the Collector must perform the on -site tests
in the presence of the donor. In on -site testing, an employer may only use products
approved by the Food and Drug Administration for employee testing and shall use the
products in accordance with the manufacturer's instructions. All presumptive positive
tests results must be sent to the SAMSHA Laboratory for confirmation testing before any
employment action can be taken.
3. The laboratory shall permit inspections by the City Personnel Officer.
4. The City may at times use a rapid test kit. If the rapid test is positive, the sample will be
sent to the designated laboratory for confirmation.
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October 2009
5. Positive drug tests will be confirmed by a gas chromatography mass spectrometry. The
City will not rely on a positive drug test unless the confirming drug test results have been
reviewed by a licensed physician or doctor of osteopathy. --
6. Alcohol testing will be performed by a breath alcohol technician (BAT). If the result of an
alcohol screening test is an alcohol concentration of greater than .04, a confirmation test
will be performed. The confirmation test will generally be done within 15, but not more
than 30, minutes of the screening test. The results of these tests will be reported directly
to the City.
C. Review of Drug Test Results
1. Medical Review Officer.
The City shall contract the services of a Medical Review Officer (MRO). The MRO shall
be a licensed physician or doctor of osteopathy. The MRO shall review all confirmed
positive drug test results and interview individuals tested positive to verify the laboratory
report. The MRO, in conjunction with the Substance Abuse Professional, may also
evaluate and recommend to the City whether and when an employee who either refuses
to test or tests positive may return to work. The MRO may schedule follow -up
unannounced drug testing for a period of up to 60 months.
2. Reporting and Review of Results.
a. The MRO shall review confirmed positive test results. This review shall be
performed by the MRO prior to the transmission of results to the City's Personnel
Officer.
b. The MRO shall contact the employee within 48 hours and offer an opportunity to �--
discuss the confirmed test result.
c. The MRO will inform the employee that s /he has 72 hours to request a re -test of
the split or single sample. A re -test is an analysis of the second split sample
bottle or an aliquot of the original sample. The re -test can be sent to a laboratory
approved or certified by the Substance Abuse and Mental Health Services
Administration. The employee will be responsible for the costs of the re -test and
will be reimbursed by the City only if the sample comes back negative.
3. Legal Drug Use.
If the MRO determines there is a legitimate medical explanation for the positive test
result, the MRO shall report the test as negative. Test results that have been caused
by prescription medication will be reported as negative.
4. Written Test Results.
An employee may obtain a copy of the written test results only upon written request
made within six months of the date of the test. The City will provide the written test
results to the employee pursuant to that request within five working days of its receipt.
5. Explanation of Positive Test by Employee.
An employee who would like an opportunity to explain a positive test result in a
confidential setting must make such a request in writing within 10 working days of being
notified of the test result. An employee who submits such a timely written request will be —�
given the opportunity, within 72 hours after its receipt or before taking adverse
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employment action, to explain the positive test in a confidential setting.
SECTION IV. EMPLOYEE ASSISTANCE PROGRAM (EAP)
A. Scope of Program
The Employee Assistance Program will provide education and training on drug and alcohol use to
all employees. The education shall include:
1. Informational material distributed to employees as well as displayed on bulletin boards,
employee break rooms, locker rooms, etc.;
2. A community service hot line telephone number for employee assistance displayed on
bulletin boards and distributed to employees; and,
3. Distribution of the City policy regarding the use of prohibited drugs and alcohol to all new
employees. The policy shall be displayed in prominent places throughout the City (i.e.,
employee bulletin board, break room, locker rooms).
B. Supervisor Training
Supervisory personnel will receive training regarding the DRUG AND ALCOHOL POLICY.
The training shall include at least 60 minutes of training on the use of controlled
substances, and at least 60 minutes of training on alcohol misuse. This training shall be
for all supervisors who may determine whether an employee will be drug and alcohol
tested for reasonable suspicion.
SECTION V. CONFIDENTIALITY OF RESULTS
A. General
1. All records relating to drug and alcohol testing will be maintained in a confidential medical
file in a secure location with controlled access, separate from personnel files.
2. Any communication received by the City relevant to drug or alcohol test results and
received through the City's testing program is confidential and privileged, and will not be
disclosed by the City except:
a. To the tested employee, prospective employee or another person
designated in writing by the employee or prospective employee;
b. An individual designated by an employer to receive and evaluate test
results or hear the explanation from the employee or prospective
employee;
c. As ordered by a court or governmental agency; or
d. In any proceeding initiated by or on behalf of the individual and arising
from a positive test.
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DRUG PERSONNEL AND SERVICES
1. SERVICE AGENT (SA)
Worksafe, Inc.
300 West 36 Avenue, Suite A
Anchorage, Alaska 99503
2. MEDICAL REVIEW OFFICER (MRO)
Dr. Stephen Herbets, MD
16560 Harbor Blvd. , Suite A
Fountain Valley, CA 92708
3. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
(SAMHSA) LABORATORY
Pathology Associates Medical Laboratory
11604 E. Indiana Road
Spokane, WA 99206
4. EMPLOYEE ASSISTANCE PROGRAM — see Appendix A
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SECTION VI. DEFINITIONS.
W- Alcohol means ethanol, isopropanol, or methanol.
Alcohol concentration 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.
Alcohol Use means the consumption of any beverage or mixture, including any medication or mouthwash
containing alcohol.
Breath Alcohol Technician (BAT) means an individual who operates an EBT and instructs and assists
individuals in the alcohol testing process.
Collection Site Person Is an individual authorized by the City of Seward to collect samples in accordance
with this policy and trained in procedures for such collections. The City of Seward has chosen to follow the
highest industry standards for work place collection, testing, and reporting of test results; therefore, The
City of Seward procedures will attempt to follow, as a guide only, the federal drug testing procedures.
Drug(s) means a substance considered unlawful under AS 11.71 or under federal law, or the metabolite
of the substance.
Drug Testing means testing for evidence of the use of a drug.
Evidential Breath Testing Device (EBT) is a device approved by the National Highway Traffic Safety
Administration (NHTSA) for the evidential testing of breath, and is placed on NHTSA's "Conforming
Products List" (CPL) of evidential breath measurement devices.
Employee Assistance Program (EAP) means a confidential counseling /referral service for employees
and their dependents. EAP is designed to provide assistance to employees and their families to deal with
personal problems which may affect their productivity, health, or continued employment. All counseling,
assessment, and referral services will be provided by qualified, experienced clinicians with special training
in short -term counseling and in assessing and treating substance abuse problems. (See SAP.)
Failing A Drug Test shall mean the test results show positive evidence of the presence of a drug or drug
metabolite in an employee's system in amounts that exceed cutoff levels established by this policy.
Medical Review Officer (MRO) is the licensed physician or doctor of osteopathy who is responsible for
reviewing positive laboratory results generated by The City of Seward testing program.
Prospective Employee means a person who has made application to an employer, whether oral or
written, to become an employee.
Sample means urine or breath from the person being tested.
Screening Test or Initial Test means an analytic procedure to determine whether an employee may
have a prohibited concentration of drugs or alcohol in a specimen.
Rapid Test means a test designed to provide an instant screened test result.
Refusal to submit means failure to cooperate and provide a drug or alcohol sample, after receiving
notice of the test in accordance with The City of Seward Drug and Alcohol Policy. A refusal will be treated
the same as a positive test result. A refusal to test for alcohol occurs when a covered employee fails to
provide an adequate breath for testing without a valid medical explanation after receiving notice of the
requirement to be tested in accordance with the provisions of The City of Seward alcohol misuse
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October 2009
provention plan or engages in conduct that clearly obstructs the testing process.
Substance Abuse Professional (SAP) 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 or by the International Certification Reciprocity Consortium /Alcohol & Other Drug
Abuse ") with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled
substance related disorders.
Appendix A
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October 2009
Employee Assistance Program
We all have problems from time to time, and usually we can cope with them on our
own. Sometimes, however, we need outside help. The City of Seward provides all
regular, full -time employees with a Health Care Plan administered by RBMS, LLC a
Meritain Health Company. The plan offers partial coverage for Alcoholism and Drug
Addiction - Inpatient and Outpatient treatment. Please contact the number listed on the
back of your insurance card for more information. Below is a list of rehabilitation
resources that may help you.
Drug Alcohol Counseling Rehabilitation Resources
Alaska Council on Prevention of Alcohol & Drug Abuse 800 - 478 -7738
Akeela House, Inc. 907 - 561 -5266
Alaska Addiction Rehabilitation Services 800 - 376 -4535
907 - 376 -4534
Alaska Aviation Toxicology 800 - 478 -3783
907 - 451 -3784
Alaska Human Services 907 - 561 -4535
Alaska Youth & Parent Foundation 907 - 274 -6541
Alcoholics Anonymous 907 - 272 -7860
Alcoholism 907 - 243 -1181
907 - 276 -2898
Betty Ford Center 800 - 854 -9211
Center for Drug Problems 907 - 276 -6430
Charter North Star Behavioral Health System 907 - 258 -7575
Charter North Counseling Center 907 - 561 -7576
Church of Scientology of Anchorage 907 - 336 -6086
Circle S Recovery Ranch (Washington) 800 - 533 -3046
Genesis House, Inc. 907 - 243 -5130
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October 2009
Lakeside Milam Recovery Centers (Washington) 800 - 231 -4303
Pacific Rim Counseling, Inc. 907 - 349 -0077
Providence Breakthrough 907 - 562 -7325
Residence XII for Women 800 - 776 -5944
Salvation Army 907 - 243 -1181
Seaview Community Services 907 - 224 -5257
Starting Point 907 - 562 -6116
Sundown M Ranch (Washington) 509 - 457 -0990
Valley General Hospital Alcohol /Drug Recovery Center 360 - 794 -1405
WorkSafe, Inc. 907 - 563 -8378
16
October 2009
REV DATE: J INE 2009
CITY OF SEWARD
COMMERCIAL MOTOR VEI IICLE DRIVER POLICY
City of Seward
SUBSTANCE ABUSE POLICY FOR
COMMERCIAL MOTOR VEHICLE DRIVERS
1.0 STATEMENT OF PURPOSE AND SCOPE OF POLICY
1.1 City of Seward ( "City ") has vital interests in ensuring a safe, healthy and efficient
working environment for our employees and in preventing accidents and injuries
resulting from the misuse of alcohol or the use of controlled substances by drivers
of commercial motor vehicles. The unlawful or improper presence or use of
controlled substances or alcohol in the workplace presents a danger to everyone.
For these reasons, and as required by the drug and alcohol testing regulations of
the Federal Motor Carrier Safety Administration ( "FMCSA "), the City has
established this substance abuse policy. Drug and alcohol testing is an integral
part of our program. Compliance with this policy is required as a condition of
employment and also as a condition of continued employment.
1.2 Any driver who operates a commercial motor vehicle ( "CMV ") (as defined in
Appendix A — page 22 of this policy) for or on behalf of the City who is required
to have a commercial driver's license ( "CDL ") in order to operate that vehicle is
required to comply with the FMCSA's drug and alcohol rules and the provisions
of this policy ( "CMV driver position "). This policy also applies to supervisors of
CMV drivers who actually drive or may be required to drive a commercial motor
vehicle. Additionally, all applicants who seek employment as a CMV driver are
covered by this policy and by the FMCSA's drug and alcohol rules.
1.3 This policy explains the FMCSA's drug and alcohol regulations and the City's
own policies with respect to drivers of commercial motor vehicles who use
controlled substances or misuse alcohol. Provisions of this policy which arc
imposed are specifically noted by underline.
1.4 This policy represents management guidelines only and should not be interpreted
as a contract of employment. Noncompliance with this policy will result in
disciplinary action, up to and including immediate termination. In the case of an
applicant, noncompliance will result in an applicant being ineligible for
employment with the City.
1.5 Consistent with its fair employment policy, the City maintains a policy of non-
discrimination and will endeavor to make reasonable accommodations to assist
recovering addicts or alcoholics and those having a medical history reflecting
treatment for substance abuse conditions. We encourage employees to seek
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CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
assistance before drug and alcohol use renders them unable to perform their
essential job functions or jeopardizes the health and safety of themselves or
others.
1.6 This policy was designed to protect an individual's privacy, to ensure the integrity
and reliability of testing procedures and to protect the confidentiality of individual
test results and medical histories. Any questions regarding the meaning or
application of this policy should be directed to the Designated Employer
Representative:
Personnel Officer
224 -4074
1.7 The Designated Employer Representative has distributed a copy of this policy to
each driver covered by this policy and will ensure that it is distributed to each
driver subsequently hired or transferred to a CMV driver position.
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CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
2.0 PROHIBITED CONDUCT
-- 2.1 Prohibited Conduct Concerning Driver's Use of Drugs and Alcohol:
a. Drivers arc prohibited from reporting for duty, or remaining on
duty when using any drugs, except when the use is pursuant to the
instructions of a licensed medical practitioner (as defined in
Appendix A — page 24 of this policy) who has advised the driver
that the substance will not adversely affect the driver's ability to
safely operate a commercial motor vehicle.
b. Drivers are prohibited from reporting for duty or remaining on duty
with an alcohol concentration of 0.04 or greater. Driver found to
have an alcohol concentration of 0.02 or greater, but less than 0.04,
are prohibited from performing any safety - sensitive functions for at
least 24 hours from the test.
c. Drivers are prohibited from using alcohol in any form (including
medications containing alcohol) while performing safety - sensitive
functions (refer to Appendix A — page 25 of this policy for the
definition of performing safety- sensitive functions).
d. Drivers are prohibited from performing safety - sensitive functions
within eight (8) hours after using alcohol. On -call employees who
are not at work, but could be called to drive or perform other
safety - sensitive functions, are subject to this pre -duty alcohol
prohibition. This means a driver who is on -call must decline a call
to work if his or her acceptance would require the employee to
drive or perform other safety- sensitive functions within eight (8)
hours after consuming alcohol. An on -call driver who is required
to decline work because of his/her violation of the eight -hour rule
is subject to discipline up to and including termination.
e. Drivers are prohibited from using alcohol for eight (8) hours
following an accident, or until the driver takes a post- accident
alcohol test, whichever occurs first.
f. Drivers may not refuse to submit to any drug or alcohol test
required under the FMCSA's drug and alcohol rules and /or this
policy.
g. Drivers are prohibited from performing or continuing to perform a
safety - sensitive function if they have tested positive for controlled
substances or alcohol.
h. Drivers may not refuse to submit to any inspection required under
Section 10.0 of this policy.
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CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
1. Drivers are prohibited from engaging in the unlawful or
unauthorized manufacture, distribution, dispensation, sale, --
purchase, solicitation, transfer, possession, use or transport of
controlled substances or alcohol, while on City paid time, on City
premises, in City vehicles, or while engaged in City activities.
This prohibition does not include the authorized distribution,
dispensation, sale, purchase, solicitation, transfer, possession, use
or transport of alcoholic beverages in connection with City -
sponsored functions or events.
j. Drivers are prohibited from failing to stay in contact with the City
or its medical review officer while awaiting the results of a drug
test.
2.2 Consumption of Food or Food - Products Containing Hemp: The
consumption of food and food - products containing hemp (e.g., "Seedy
Sweeties" and hemp oil) may cause a driver to test positive. A test result
that is positive as a result of a driver's consumption of food or food -
products containing hemp will be reported as a positive test and subject
the driver to discipline, up to and including termination. (Refer to Section
6.3.)
2.3 Prohibition On Supervisor Or Manager Permitting A Driver To
Work: Any supervisor or manager who has actual knowledge that a driver —
has engaged or is engaging in conduct prohibited above, shall not permit
the driver to perforn or continue to perform any safety- sensitive function.
2.4 Prohibition Against Working While Using Any Medication Which
Affects Safety Or Performance:
2.41 Except as otherwise provided in this section, use of any medication
(therapeutic drugs) while engaged in City activities is prohibited to
the extent such use may affect the driver's ability to perform
his /her job duties safely.
2.42 A driver using any medication that contains alcohol or a controlled
substance has an obligation to inquire and determine whether the
substance the driver is taking may affect the driver's ability to
perform his/her job duties safely.
2.43 If the driver is or will be using any such medication, the driver is
required to obtain from the driver's licensed medical practitioner a
written statement which provides that the medication will not
interfere with the driver's ability to safely and efficiently perform
the driver's job duties or provides any work restrictions.
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CITY or SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
2.44 Any such information must be reported to the driver's immediate
supervisor prior to commencing any safety - sensitive functions,
without disclosing the identity of the substance. Drivers using
such a medication must have the medication in its original
container which identifies the medication dosage and other
pertinent information which may be reviewed by the City's
Medical Review Officer (MRO).
2.45 A driver may continue to work, if the City's MRO and the licensed
medical practitioner have determined that the medication will not
adversely affect the driver's ability to safely and efficiently erform
the driver's safety- sensitive functions or determined that a
reasonable accommodation can be made. A driver may not be
permitted to perform his or her safety- sensitive functions unless
such a determination or reasonable accommodation has been made.
3.0 REQUIRED TESTS AND PAST TEST RESULTS INFORMATION
As required by the r'MCSA's regulations, the City will conduct drug and alcohol
tests under the conditions and circumstances described below.
3.1 Pre - Employment Drug Testing and Past Test Results Information:
3.11 All applicants who have received a conditional offer of
�. employment in a CMV driver position, and all existing employees
whose transfer to a CMV position has been conditionally approved,
are required to submit to a pre - employment drug test and must
receive a negative test result as a condition of employment. Such
tests will be conducted prior to the time the applicant is hired or
transferred.
3.12 In addition to a pre - employment drug test, FMCSA's regulations
require the City to obtain information concerning an applicant's
past drug and alcohol tests from all of the motor carriers for which
the applicant worked during the two years preceding the date of the
application. As a condition of employment with the City,
applicants for CMV driver positions are required to complete and
sign the City's "Applicant's Authorization to Obtain Past Drug and
Alcohol Test Results" form, which authorizes the applicant's
former motor carrier employers during the preceding two years
(from the date of application) to release to the City information
concerning the applicant's: (i) alcohol test results of 0.04 or
greater; (ii) verified positive drug test results; (iii) refusals to be
drug or alcohol tested (including verified adulterated or substituted
drug test results); and (iv) other violations of DOT drug and
alcohol testing regulations. This information will be obtained in a
-- confidential manner. The City will maintain a written confidential
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CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
record with respect to each former employer contacted. The
information from a previous employer may contain any alcohol and -••
drug information the previous employer obtained from other
previous employers after January 1, 1995.
3.13 If the City learns from the driver's previous employers that the
driver violated a DOT drug and alcohol regulation, the driver either
will be ineligible for employment with the City, or if hired, the
driver's employment will be terminated, unless the City obtains
evidence that the driver has successfully completed DOT's return -
to -duty requirements.
3.2 Post - Accident Drug And Alcohol Testing:
3.21 A driver who is performing safety- sensitive functions (as defined
in Appendix A — page 25 of this policy) involving a commercial
motor vehicle is required to submit to a post - accident drug and /or
alcohol test as soon as practicable following the accident'', under
the following circumstances described in subparagraphs a. and b.
below
a. A driver who is involved in an accident which results in a
death to another human being must always submit to a drug
and alcohol test.
WHIM
o b. A driver who is involved in a non -fatal accident must submit to a
post- accident drug and alcohol test if the driver was given a citation for a
moving traffic violation arising from the accident and the accident results
FMCSA's regulations also permit the information to be provided directly to the City by the
driver. In such cases, the City will verify that the infomration is true and accurate. FMCSA's regulations
further require that, if feasible, the required information must be obtained and reviewed by the City prior to
the first time a driver performs safety- sensitive functions for the City. If not feasible, the information must
be obtained and reviewed as soon as possible, but no later than 30 calendar days after the first time a driver
performs safety- sensitive functions for the City. The City will make a good faith effort to obtain the above
information. If after 30 days, the information is not available, the City will use or continue to use the driver.
If the driver stops performing safety- sensitive functions before the expiration of the 30 -day period, or
before the City has obtained the above information, the City must still make a good faith effort to obtain the
information.
4 FMCSA's regulations require post - accident drug tests to be conducted within 32 hours of the
accident and post- accident alcohol tests to be conducted within 8 hours of the accident. If an alcohol test is
not conducted within 2 hours of the accident, FMCSA's regulations require the City to document the
reasons for the failure to test. Fill out Part 1 of the City's "Failure to Conduct Alcohol Test" form in this
circumstance, and Part I1 of the same report if an alcohol test is not conducted within 8 hours of the
accident. Similar documentation is required if drug testing is not conducted within the required 32 hours.
FMCSA's regulations do not require a driver to submit to a post- accident test if the occurrence
involved only boarding or alighting from a stationary vehicle or the loading or unloading of cargo.
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CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
in either: (i) bodily injury to any person who, as a result of the injury,
immediately receives medical treatment away from the scene of accident;
or (ii) one or more of the vehicles involved in the accident incurs disabling
damage (as defined in Appendix A — page 23 of the policy), requiring the
vehicle(s) to be transported away from the scene by a tow truck or other
vehicle, (iii) issuance of a moving traffic citation involving property or
vehicle damage in excess of $1,000.
3.22 In the event of an accident, the driver must notify the Designated
Employer Representative as soon as possible to obtain information
on how to proceed with the required testing. Drivers are obligated
to follow the Designated Employer Representative's instructions
and to submit to post- accident drug and alcohol tests, as directed.
3.23 When required, both alcohol and drug testing must be performed as
soon as possible after the accident, but no later than 8 and 32 hours
respectively. if alcohol testing is not completed within 2 hours, the
City will document the reasons for this failure. If alcohol testing is
not completed within 8 hours, the City will cease efforts to conduct
the test and document the reasons for this failure.
3.24 A driver who is subject to post- accident testing must remain
readily available for such testing or else will be deemed to have
refused to submit to such testing. However, this "readily available"
requirement does not require the delay of necessary medical
attention for injured people, or prohibit a driver from leaving the
scene of the accident for the period necessary to obtain assistance
in responding to the accident or to obtain necessary emergency
medical care.
3.25 A driver who is required to submit to a post - accident test will be
placed on paid administrative leave after completion of the drug
and /or alcohol tests. The City also reserves the right to evaluate
the conduct of the driver which may have caused or contributed to
the accident, to determine if this conduct in and of itself should
warrant discipline, up to and including termination.
3.3 Random Drug And Alcohol Testing:
3.31 Each year the City will administer random alcohol and drug tests.
Random drug tests may be conducted at any time. Random
alcohol tests will only be conducted while a driver is performing
safety- sensitive functions, just before the driver performs safety -
sensitive functions, or just after the driver has ceased performing
safety- sensitive functions.
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COMMERCIAL MOTOR VEHICLE DRIVER POLICY
3.32 The minimum number of random drug tests the City will conduct
is equal to 50 percent of the average number of driver positions.
The minimum number of random alcohol tests the City will
conduct is equal to 10 percent of the average number of driver
positions. These rates may be increased or decreased as required
by the FMCSA's drug and alcohol regulations.
3.33 The City shall select drivers for testing using a random number
table or a computer -based random number generator that is
matched with the CDL's driver's license number, or other
comparable identification numbers which will ensure that each
driver has an equal chance of being tested each time selections are
made.
3.34 All random tests will be unannounced and the dates for
administering the tests will be spread reasonably throughout the
calendar year. The dates of random testing, locations and names of
those to be tested are kept in the strictest confidence by the
Designated Employer Representative.
3.35 Each driver who is notified of selection for random drug or alcohol
testing must proceed to the test site immediately. If the driver is
performing a safety- sensitive function (other than driving a
commercial motor vehicle) at the time of notification, the driver _,,,
must cease performing the safety - sensitive function and proceed to
the test site as soon as possible. Failure to appear for any test
within a reasonable time of being directed to do so will be
considered as a refusal to test.
3.4 Reasonable Suspicion Drug and /or Alcohol Testing:
3.41 A driver must submit to a reasonable suspicion drug and/or alcohol
test whenever a manager or supervisor has reasonable suspicion to
believe that the driver has violated the drug or alcohol prohibitions
contained in this policy. Reasonable suspicion drug tests may be
conducted at any time. Reasonable suspicion alcohol tests may he
conducted only while the driver performing safety- sensitive
functions, just before the driver performs safety- sensitive
functions, or just after the driver has ceased performing safety -
sensitive functions. 7
- FMCSA's regulations require reasonable suspicion alcohol tests to be conducted within 8 hours
of the determination to test. If an alcohol test is not conducted within 2 hours of the determination to test,
FMCSA's regulations require the City to document the reasons for the failure to test. Fill out Part I of the
City's "Failure to Conduct Alcohol Test" form in this circumstance, and Part II of the same report if an ....
alcohol test is not conducted within 8 hours of the determination.
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COMMERCIAL MOTOR VEHICLE DRIVER POLICY
3.42 Reasonable suspicion determinations will be based on specific,
contemporaneous, articulable observations concerning the driver,
including but not limited to, the driver's appearance, behavior,
speech, or body odors. For drug testing, the observations may also
include indications of the chronic and withdrawal effects of drugs.
3.43 Documentation of the observations leading to a reasonable
suspicion test will be prepared and signed by the supervisor or
manager who made the observations. All supervisors or managers
who will make a reasonable suspicion determination have received
training on alcohol misuse and controlled substances use in
accordance with the FMCSA's regulations. The supervisor or
manager who makes a reasonable suspicion determination will not
conduct the drug or alcohol test.
3.44 A driver who is directed to take a reasonable suspicion drug and /or
alcohol testing must submit to the test as directed. The City shall
transport or ensure transport of the driver both to and from the
collection site.
3.45 In the event an alcohol test has not been conducted as required by
FMCSA but the City has reason to believe a driver is under the
influence of or impaired by alcohol (as shown by the driver's
behavior, speech or performance), the driver is prohibited from
reporting for duty or remaining on duty requiring the performance
of any safety - sensitive functions until an alcohol test can be
administered and the result is below 0.02 or 24 hours have elapsed
since the reasonable suspicion determination, whichever first
occurs.
3.46 A driver who is requested to submit to a reasonable suspicion drug
and /or alcohol test will be placed on paid administrative leave. If
the test results are negative, the driver will be reinstated. The City
also reserves the right to evaluate the conduct of the driver which
warranted the reasonable suspicion drug or alcohol tests to
determine if the conduct in and of itself should warrant discipline,
up to and including termination.
3.5 Return -To -Duty Drug Or Alcohol Testing:
3.51 FMCSA's regulations prohibit drivers who have engaged in
conduct prohibited by the FMCSA's drug and alcohol regulations
from performing safety- sensitive functions until they have fulfilled
the DOT's requirements for return to duty, including:
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CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
a. Initial evaluation by a Substance Abuse Professional to
determine the level of assistance needed to address the �..
employee's drug and /or alcohol problems;
b. Initiation of the education and /or treatment plan prescribed
by the SAP; and
c. Follow -up evaluation by the SAP to determine whether the
employee has successfully complied with the prescribed
education and /or treatment plan.
3.52 Drivers who have fulfilled the above requirements for return to
duty must also submit to a return-to -duty dnig and /or alcohol test
and receive negative results prior to returning to safety - sensitive
duties.
3.53 Drivers who engage in conduct prohibited by FMCSA's
regulations or this policy will not be permitted to return to duty
until they comply with the City's terms and conditions.
3.6 Follow -Up Drug and /or Alcohol Testing:
3.61 Drivers who have fulfilled the DOT's requirements for return to
duty are required to submit to unannounced follow -up drug and /or
alcohol tests after returning to duty, as directed by the SAP's
—
follow -up evaluation report.
3.62 A minimum of six follow -up drug and /or alcohol tests must be
conducted during the first twelve months following the driver's
return to duty. Testing may continue for up to a total of 60 months
to be determined by the SAP and or the City Administration.
3.63 Drivers who engage in conduct prohibited by FMCSA's
regulations or this policy will not be permitted to return to duty
until they execute the City's "Agreement for Evaluation and
Conditions for Continued Employment" and comply with its terms
and conditions, which include submitting to any follow -up tests
which may be directed by a substance abuse professional and
receiving negative test results.
4.0 SELF - IDENTIFICATION OF SUBSTANCE ABUSE PROBLEM
4.1 A driver who voluntarily self - identifies himself or herself as having a drug
or alcohol problem and requests assistance for such a problem will be
referred to the City's EAP for referral to a substance abuse professional for
an evaluation and, if recommended, an appropriate counseling, treatment
or rehabilitation program. The cost of the counseling, treatment or
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CITY OE SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
rehabilitation is the driver's responsibility. (See the City's policies
regarding leaves of absences and benefit entitlement for further details).
4.2 This request must be made before the driver is directed or otherwise
required to submit to a drug or alcohol test required by DOT or this
policy. Under these circumstances, the City will take no adverse
action against the employee.
4.3 If the substance abuse professional determines that the driver is able to
perform non - safety- sensitive functions while participating in such
program, the City will attempt to reassign the driver to another available
position which does not require the performance of safety - sensitivc
functions and for which the driver is also qualified. The driver will
receive the rate of pay for the position to which he or she has been
reassigned.
4.4 Before the driver will be permitted to return to his /her driving duties or
perform other safety - sensitive functions, the driver will be required to
submit to drug and /or alcohol tests and must receive negative results. In
accordance with applicable state or local law, the driver may also he
required to submit to follow -up drug and /or alcohol tests. Return -to -duty
and follow -up tests performed under this section of the policy will be
conducted in accordance with applicable state or local law, if any. Where
there is no applicable state or local law, or where such laws do not provide
specific detailed procedures governing such testing, the City will follow
the Federal Procedures for Transportation Workplace Drug and Alcohol
Testing Programs, 49 CFR Part 40, as amended.
5.0 DRUG AND ALCOHOL TESTING PROCEDURES
As required by the FMCSA's rules, the City's drug and alcohol testing procedures
comply with the Federal Procedures For Transportation Workplace Drug and Alcohol
Testing Programs, 49 CFR Part 40, as amended. (A copy may be obtained from the
Designated Employer Representative). These procedures ensure the integrity,
confidentiality and reliability of the testing processes, safeguard the validity of the test
results and ensure that these results are attributed to the correct driver. Further, these
procedures minimize the impact upon the privacy and dignity of persons undergoing such
tests to every extent feasible.
5.1 Drug Testing Procedures:
5.11 Drugs being tested for: The drugs specifically being tested for
include: marijuana, opiates, amphetamines, cocaine, and
phencyclidine (PCP) and their metabolites.
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5.12 Custody and control form and laboratory: For purposes of
conducting drug tests, the City has established a procedure for the -
collection and analysis of urine specimens, using the Federal Drug
Testing Custody and Control Form ( "CCF "), that will verify the
identity of each specimen and test result. All drug tests conducted
pursuant to this policy shall be performed by laboratories which are
certified by the Department of Health and Human Services
( "DHHS ").
5.13 Confirmation and review of drug test results:
a. All positive drug test results will be confirmed by gas
chromatography and mass spectrometry (GC/MS). All
confirmed positive drug test results will be reviewed by a
medical review officer ( "MRO ") to determine whether there
is any legitimate medical explanation for the confirmed
positive, adulterated, substituted or invalid test result. This
review may include a medical interview, review of the
applicant's or driver's medical history, or review of any
other relevant biomedical factors and all medical records
made available by the tested individuals.
b. Individuals testing positive will be given the opportunity to
discuss with the MRO any legitimate explanation for the
positive test result. If, after speaking with the driver, the
MRO determines that there is a legitimate medical
explanation for the confirmed positive test result, the MRO
will report the test result as "negative" to the Designated
Employer Representative or his /her alternate. If the MRO
determines that there is no legitimate explanation for the
confirmed positive test result, the result will be verified as a
positive test result by the MRO.
c. Under the circumstances set forth in 49 CFR Part 40, the
MRO is permitted to verify a test result as positive without
having first communicated directly with the driver. In the
event that serious illness, injury or other unavoidable
circumstances prevented the driver from being contacted by
the MRO or a designed City representative, however, the
MRO may reopen the verification process to permit the
driver to provide information concerning a legitimate
explanation for the positive test.
5.14 Right to have split specimen analyzed: All applicants and
drivers have the right to request, within 72 hours of being notified
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COMMERCIAL MOTOR VEHICLE DRIVER POLICY
by the MRO of a verified positive test result, that the split
specimen be analyzed in a different DHHS certified laboratory,
... selected by the employee, for the presence of the drug(s) for which
a positive result was obtained or for reconfirmation of an
adulterated, substituted or invalid test result.
a. If the split specimen reconfirms the presence of the drug(s)
or drug metabolite(s) or the adulteration, substitution or
invalid finding, the MRO will notify the Designated
Employer Representative or his /her alternate and the tested
individual of the test results.
b. If the split specimen is unavailable, inadequate for testing
or untestable, the MRO shall cancel the test and report the
cancellation and the reasons for it to the Designated
Employer Representative or his /her alternate and the tested
individual. When this occurs, another specimen must be
collected immediately under direct observation.
c. If the split specimen fails to reconfirm the presence of the
drug(s) found in the primary specimen or the adulteration,
substitution or invalid finding, the MRO shall cancel the
test and report the cancellation and the reasons for it to the
Designated Employer Representative or his /her alternate,
the tested individual, and the DOT's Office of Drug and
Alcohol Program Compliance.
5.15 Inability to provide adequate amount of urine specimen:
Applicants and drivers must provide at least 45 milliliters of urine
for a drug test. If the tested individual is unable to provide such a
quantity of urine, then the tested individual will be instructed to
drink up to 40 oz of fluids and after a period of time, again attempt
to provide a complete specimen. If an applicant refuses to provide
a new urine specimen, this will constitute a refusal to submit to a
test and the applicant will be ineligible for employment with the
City. If a driver refuses to provide a new urine specimen, this will
constitute a refusal to submit to testing and the driver's
employment will be terminated. If a driver has not provided a
sufficient specimen within 3 hours after the first unsuccessful
attempt to provide the specimen, the City will direct the driver to
obtain as soon as possible, a medical evaluation from a physician
selected by the City. If the physician deterniines that there is no
legitimate medical explanation for the driver's failure to provide an
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COMMERCIAL MOTOR VEHICLE DRIVER POLICY
adequate amount of urine, this will constitute a refusal to submit to
a test and the driver's employment will be terminated.
5.16 Dilute urine specimens: The City will require prompt re- collection
in the case of negative dilute results for pre - employment and
reasonable suspicion tests, as perniitted under 49 CFR 40.197.
5.17 Altered or substituted urine specimens: Procedures for
collecting urine specimens allow individual privacy unless there is
a reason to believe that a particular individual has altered or
attempted to alter or substitute the specimen as defined in the
Federal Procedures for Transportation Workplace Drug Testing
Programs, 49 CFR Part 40. In such cases, a specimen may be
obtained under the direct observation of a same gender collection
site person in accordance with such procedures.
5.2 Alcohol Testing Procedures:
5.21 How test will be performed: Alcohol screening tests will be
performed by a screening test technician ( "STT ") using a non -
evidential screening device, or by a breath alcohol technician
( "BAT ") using an evidential breath testing device ( "EBT "). The
City has a quality assurance plan for each non - evidential alcohol
screening device and EBT it uses. In addition, the City ensures
that the STTs are proficient in the operation of non - evidential
screening devices and that the BATs are proficient in the operation
of EBTs. Further, the City uses non - evidential alcohol screening
devices that are on the National Highway Traffic Safety
Administration's ( "NHTSA ") Conforming Products List ( "CPL ")
for non- evidential screening devices and EBTs which are on
NHTSA's CPL for evidential breath measurement devices.
5.22 Confirmation of alcohol test results: In accordance with 49 CFR
40.251 if the result of the screening test is an alcohol concentration
of 0.02 or greater, a confirmation test will be performed using an
EBT. A waiting period of at least 15 minutes from the completion
of the screening test must be observed. The confirmation test then
will be conducted within 30 minutes from the end of the waiting
period. The confirmation test result is the final result upon which
any discipline or other action taken under the City's policy shall be
based.
5.23 Inability to provide adequate amount of sample for alcohol
testing:
M...
14
REV DATE: JUNE 2009
CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POI ICY
a. If a driver fails to provide or claims that he or she is unable
to provide a sufficient amount of breath sample to permit a
valid breath test for whatever reason, including a medical
condition, the City will follow the guidelines found in 49
CFR 40.265. The DER will be notified immediately in the
event an individual is not able to produce a sufficient breath
sample.
b. If the driver is unable to provide sufficient saliva to
complete a test on a saliva screening device, the STT shall
conduct a new test, using a new device. If the driver
refuses to complete the new test, this will constitute a
refusal to submit to a test and the DER will be notified
immediately. If the new test is completed, but there is an
insufficient amount of saliva to activate the device, the
driver shall immediately take an alcohol test using an EBT.
If the driver refuses to submit to the test using an EBT, the
DER will be notified immediately.
6.0 CONSEQUENCES FOR POLICY VIOLATIONS
The consequences discussed below apply to applicants and drivers who are found
to have violated this policy. Regardless of the discipline imposed, however, FMCSA's
regulations require drivers who engage in any prohibited conduct under this policy to be
advised of available resources for evaluating and resolving problems associated with drug
use and alcohol misuse, including the names, addresses, and telephone numbers of
substance abuse professionals and counseling and treatment programs. This information
will be provided through the City's Human Resource Department.
6.1 Automatic Removal From Safety- Sensitive Functions: FMCSA's
regulations require drivers who violate this policy in any way to be
immediately removed from their safety - sensitive functions. Such drivers
are prohibited from performing, or being permitted to perform, a safety -
sensitive function.
6.2 Positive Test Results:
6.21 Applicants: All as plicants who receive a verified I ositive dru.
test result will be ineligible for employment with the City.
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REV DATE: Jl1NE 2009
CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
TABLES OF PROHIBITED CONDUCT AND DISCIPLINARY CONSEQUENCES
Controlled Substances (Drugs other than Alcohol)
PROHIBITED CONDUCT DISCIPLINARY CONSEQUENCE
A. Positive test result for controlled A. Split specimen sample may be tested at
substance, including positive result for an employee's option and expense.
post - accident test. Request must be made within 72 hours
of receipt of a positive test result by a
medical review officer. Any employee
testing positive will be suspended for a
minimum of 90 days. See policy and
procedure for return to work. Any
employee who tests positive a second
time will be dismissed.
B. Refusing to participate in required B. Refusing to participate is treated as a
testing, including required post- accident positive test result. Any employee who
tests. refuses to participate in required testing
will be subject to the disciplinary
consequences in "A" above.
C. Attempting to adulterate, tamper with, C. Any employee who attempts to
or modify the sample or tcst result. adulterate, tamper with, or modify the —
sample or test result will be immediately
dismissed for cause.
D. Use of controlled substance on duty. D. Any employee using a controlled
This means reporting to work, working, substance on duty will be immediately
or acting or appearing on behalf of the dismissed for cause.
City while under the influence of drugs.
E. Criminal conviction for drug offense. E. Any employee who is convicted of a
drug offense will be immediately
dismissed upon conviction.
F. Failing to notify the supervisor or F. Failing to notify will result in
foreman of any arrest or conviction disciplinary action up to and including
under any criminal federal, state, or dismissal. When failing to report could
local drug law or statute by the next cause serious consequences to the
workday following the arrest or employer, it may result in immediate
conviction. dismissal
16
REV DATE: SEPTEMBER. 2009
CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
TABLES OF PROHIBITED CONDUCT AND DISCIPLINARY CONSEQUENCES
Alcohol
PROHIBITED CONDUCT
DISCIPLINARY CONSEQUENCE
A. Blood alcohol concentration (BAC) of 0.04
or greater immediately prior to, following, or A. Any employee whose BAC is 0.04 or greater
during performance of CDL duties.1 immediately prior to, following, or during
the performance of CDL duties will be
immediately dismissed for cause.
B. BAC of at least 0.02 but less than 0.04
immediately prior to, following, or during B. First Violation — Suspended for a minimum
performance of CDL duties. of 90 days. See policy and procedures for
conditions on return to work.
Second Violation — Dismissal for cause.
C. Ilse of alcohol within eight hours prior to
reporting for duty or performing state work C. First Violation — Suspended for a minimum
of any kind. of 90 days. See policy and procedures for
conditions on return to work.
Second Violation — Dismissal for cause.
D. Use of alcohol on duty. This means
reporting to work, working, or acting or D. Any employee using alcohol on duty will be
appearing on behalf of the City while under immediately dismissed for cause.
the influence of alcohol.
E. Refusing to participate in required testing,
including required post - accident tests. E. Refusing to participate is treated as a
positive test result. Any employee who
refuses to participate in required testing will
be subject to the disciplinary consequences
in "B" above.
F. Attempting to adulterate, tamper with, or
modify the sample or test result (including F. Any employee who attempts to adulterate,
false claims of inability to test). tamper with, or modify the sample or test
result will be immediately dismissed for
cause.
G. Following an accident, consumption of
alcohol within 8 hours or until the employee G. Any employee who consumes alcohol prior
has been tested for alcohol (whichever to being tested for alcohol within eight hours
comes first). of an accident will be immediately dismissed
for cause.
II. Failing to notify the supervisor or foreman
of any arrest or conviction under any H. Failing to notify will result in disciplinary
criminal federal, state, or local alcohol law action up to and including dismissal. When
or statute by the next workday following the failing to report could cause serious
arrest or conviction. consequences to the employer, it may result
in immediate dismissal.
1 The city considers CDL holders to he performing CDL duties, or
about to perform CDI. duties, any time they are on duty, regardless
of whether they use their CDL's on a daily basis or sporadically.
17
REv DATE: SEPTEMBER 2009
CITY OF SEWARD
COMMERCIAL MOTOR VEI IICLE DRIVER POLICY
6.22 Drivers:
a. Temporary suspension: Any driver who is required to
submit to a reasonable suspicion or post- accident drug or
alcohol test pursuant to this policy will be placed on paid
administrative leave. If the verified test results or split
specimen test results are negative, the driver will be
reinstated.
b. Verified positive drug test and alcohol test results of
0.04 or greater: Any driver who receives an alcohol test
result of 0.04 or greater will be terminated.
c. Positive alcohol test results of 0.02 or greater but less
than 0.04 or a positive drug test: Any driver who
receives a verified positive drug test or a confirmed
alcohol test result of 0.02 or greater, but less than
0.04, for the first time, will be suspended without
pay for 90 days.
However, the driver's employment will not be
terminated unless:
(1) The City has first given the driver an "Agreement
For Evaluation And Conditions For Continued
Employment" ( "Agreement for Evaluation "). which
provides the employee with the opportunity to
participate in (at the driver's own expense or
pursuant to coverage under an employee benefit
plan), a drug or alcohol evaluation, counseling,
treatment or rehabilitation program, whichever is
determined to be more appropriate by the substance
abuse professional who evaluates the driver; and
(2) The driver: (i) refuses or fails to be evaluated by a
substance abuse professional, (ii) refuses to
participate in the counseling, treatment or
rehabilitation program recommended by the
substance abuse professional, (iii) fails to
successfully complete the program, as evidenced by
the driver's withdrawal from the program before its
completion or (iv) violates the drug /alcohol
prohibitions of this policy during the two - year
period after return to duty.
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REV DATE: SEPTEMBER 2009
CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
(3) A driver's employment will be terminated if he /she:
(1) refuses or fails to be evaluated by a substance
WINN
abuse professional, (ii) fails to fully cooperate and
complete the recommended counseling, treatment or
rehabilitation program, (iii) refuses to sign the
"Agreement For Evaluation" or fails to comply with
its temis, or (iv) violates the drug /alcohol
prohibitions of this policy during the two -year
period after return to duty.
The employment of a driver who receives a
confirmed positive alcohol test result of 0.02 or
greater or apositive drug test for a second time,
will be terminated.
d. Fitness - for -duty evaluation in the event of driver's legal
and authorized use of a controlled substance: Whenever
a driver submits to a reasonable suspicion test and receives
a positive result for the legal and authorized use of a
controlled substance, the driver will be required to submit
to a fitness- for -duty evaluation, which may include a
review of the driver's medical records and a medical
examination by a licensed medical professional. Under
such circumstances, drivers will be required to provide the
City with the necessary authorization to obtain the driver's
medical records and agreement to submit to the medical
examination. The purpose of the evaluation is to determine
whether the driver can satisfactorily perform his /her
essential job functions or poses a direct threat to the health
or safety of the drivers or others. Depending on the results
of the evaluation, the City will consider whether the safety
or health risk can be eliminated or substantially reduced
by a reasonable accommodation, if applicable.
6.3 Other Policy Violations: Drivers who commit policy violations other
than those addressed in Section 6.21 above, will be subject to discipline,
up to and including, immediate termination of employment. Applicants
who violate this policy will he ineligible for employment with the City.
6.4 Potential Forfeiture of Workers' Compensation and /or
Unemployment Compensation Benefits: A driver's violation of
FMCSA's regulations and /or the requirements of this policy constitute
gross and willful misconduct. In addition to the discipline and other
consequences imposed by FMCSA and the City under this policy, such
misconduct may also result in the denial of unemployment compensation
19
REV DATE: SEPTEMBER 2009
CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
under the applicable state law. In addition, drivers who are injured as a
result of a violation of FMCSA's regulations and/or the City's safety rules
(including but not limited to the conduct prohibited under this policy) may ..�
also forfeit workers' compensation benefits under the applicable state law.
7.0 NOTIFICATION OF TEST RESULTS
Applicants will be notified of the results of a pre - employment drug test, if the
applicant requests his/her test results within 60 days of being notified of the disposition
of the employment application. Drivers will be advised of drug test results which are
verified positive, adulterated, or substituted, and the drug or drug(s) for which a positive
result was verified. Drivers will be notified of the results of their alcohol tests
immediately after the administration of the screening test and, if necessary, the
confirmatory test.
8.0 TESTING EXPENSES AND COMPENSATION FOR TESTS
The City will pay for drug and alcohol tests and related expenses as follows:
8.1 The City will pay for all drug and alcohol tests required to be taken by
drivers or applicants under this policy, including confirmation tests.
Except where prohibited by state or local law, any test taken at a driver's
request, including split specimen tests, will be at the driver's expense,
unless the result of the test is negative. Applicants will be required to pay
for split specimen tests in all locations, but will be reimbursed by the City
if the result is negative. ....
8.2 All time spent by drivers providing a urine, saliva, or breath specimen
required under this policy, including travel time to and from the collection
site, will be considered as on -duty time. The driver will receive his or her
regular compensation, including overtime if applicable, for such time.
9.0 RECORDKEEPING, ACCESS TO RECORDS AND CONFIDENTIALITY
OF TEST RESULTS
9.1 The City will maintain records of its alcohol misuse and drug use
prevention programs as required by the FMCSA's regulations. These
records will be maintained in a secure location with controlled access and
will not be released to any person except as required by law or expressly
authorized by the driver.
9.2 The laboratory may disclose drug test results only to the MRO. The MRO,
Screening Test Technician (STT) and Breath Alcohol Technician (BAT)
may disclose test results only to the individual tested, designated City
representatives, a treatment program, or a court of law or administrative
tribunal to the extent required by law. Beyond that, a driver's test results
shall not be released to any person without the individual's written consent.
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REV DATE: SEPTEMBER 2009
Crr OF SEWARD
COMMERCIAL MOTOR VEIIICLE DRIVER POLICY
10.0 INSPECTIONS
10.1 Inspections of City Property: There is no reasonable expectation of
— privacy in or on any city property, the City may conduct unannounced
random inspections for drugs and alcohol on City facilities and property
such as, but not limited to, City vehicles, desks, file cabinets, City- issued
employee lockers in which the City retains a copy of the key or the
combination, etc. Drivers are expected to cooperate in the conduct of such
inspections. Inspections of City facilities and property may be conducted
at any time and need not be based on reasonable suspicion.
10.2 Inspections of Driver Property: Inspections of drivers and their
personal property such as, but not limited to, vehicles, clothing,
packages, purses, brief cases, lunch boxes, or other containers
brought on to City premises may be conducted when there is
reasonable suspicion to believe that the driver may have or has
violated the drug or alcohol prohibitions contained in this policy.
11.0 COMPLIANCE WITH POLICY AS CONDITION OF EMPLOYMENT
All applicants and drivers are advised that full compliance with this substance
abuse policy shall be a condition of employment and continued employment. See Section
6.0 for the consequences for refusal to submit to tests and policy violations.
12.0 EMPLOYEE ASSISTANCE PROGRAM ( "EAP ")
As part of the City's commitment to provide a safe, healthy and efficient working
environment for our employees, the City maintains an Employee Assistance Program
( "EAP "). The EAP provides information concerning the effects and consequences of
alcohol and drug use on an individual's health, work, and personal life and the signs and
symptoms of an alcohol or drug problem. In addition, the EAP provides referral services
to drivers and their families seeking help with problems resulting from alcohol misuse
and drug use. Participation in this program is voluntary and confidential. The EAP can
discuss available counseling, treatment and rehabilitation programs, fiscal
responsibilities, and can help the employee decide what program might be best for his or
her situation. For further information a list of employee alcohol and drug counseling and
rehabilitation resources is provided in Appendix B. Use of these resources is at the
employee's expense.
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REV DATE: SEPTEMBER 2009
CITY OF SEWARD
COMMERCIAL MO roR VEHICLE DRIVER POLICY
Appendix A: Definitions from 49 CFR Part 382 (Regulatory language cited)
Actual knowledge for the purpose of subpart B of this part, means actual knowledge by
an employer that a driver has used alcohol or controlled substances based on the
employer's direct observation of the employee, information provided by the driver's
previous employer(s), a traffic citation for driving a CMV while under the influence of
alcohol or controlled substances or an employee's admission of alcohol or controlled
substance use, except as provided in §382.121. Direct observation as used in this
definition means observation of alcohol or controlled substances use and does not include
observation of employee behavior or physical characteristics sufficient to warrant
reasonable suspicion testing under §382.307.
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 this part.
Alcohol use means the drinking or swallowing of any beverage, liquid 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 this definition.
Commercial motor vehicle means a motor vehicle or combination of motor vehicles
used in commerce to transport passengers or property if the vehicle —
(1) Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more
pounds) inclusive of a towed unit with a gross vehicle weight rating of more than 4,536
kilograms (10,000 pounds); or
(2) Has a gross vehicle weight rating of 11,794 or more kilograms (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 (49 U.S.C. 5103(b)) and
which require the motor vehicle to be placarded under the Hazardous Materials
Regulations (49 CFR part 172, subpart F).
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REV DATE: SEPTEMBER 2009
CITY or SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
Confirmation (or confirmatory) drug test means a second analytical procedure
performed on a urine specimen to identify and quantify the presence of a specific drug or
drug metabolite.
Confirmation (or confirmatory) validity test means a second test performed on a urine
specimen to further support a validity test result.
Confirmed drug test means a confirmation test result received by an MRO from a
laboratory.
Consortium /Third party administrator (C /TPA) means a service agent that provides
or coordinates one or more drug and /or alcohol testing services to DOT - regulated
employers. C /TPAs typically provide or coordinate the provision of a number of such
services and perform administrative tasks concerning the operation of the employers' drug
and alcohol testing programs. This term includes, but is not limited to, groups of
employers who join together to administer, as a single entity, the DOT drug and alcohol
testing programs of its members (e.g., having a combined random testing pool). C /TPAs
are not "employers" for purposes of this part.
Controlled substances mean those substances identified in §40.85 of this title.
Designated employer representative (DER) is an individual identified by the employer
as able to receive communications and test results from service agents and who is
authorized to take immediate actions to remove employees from safety - sensitive duties
and to make required decisions in the testing and evaluation processes. The individual
-- must be an employee of the City. Service agents cannot serve as DERs.
Disabling damage means damage which precludes departure of a motor vehicle from the
scene of the accident in its usual manner in daylight after simple repairs.
(1) Inclusions. Damage to motor vehicles that could have been driven, but would have
been further damaged if so driven.
(2) Exclusions. (i) Damage which can be remedied temporarily at the scene of the
accident without special tools or parts.
(ii) Tire disablement without other damage even if no spare tire is available.
(iii) Headlight or taillight damage.
(iv) Damage to turn signals, horn, or windshield wipers which make them inoperative.
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, and 655), in
accordance with part 40 of this title.
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REV DATE: SEPTEMBER 2009
CITY OF SEWARD
COMMERCIAL MOTOR VEI IICLE DRIVER POLICY
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.
Employer means a person or entity employing one or more employees (including an
individual who is self - employed) that is subject to DOT agency regulations requiring
compliance with this part. The term, as used in this part, means the entity responsible for
overall implementation of DOT drug and alcohol program requirements, including
individuals employed by the entity who take personnel actions resulting from violations
of this part and any applicable DOT agency regulations. Service agents are not employers
for the purposes of this part.
Licensed medical practitioner means a person who is licensed, certified, and /or
registered, in accordance with applicable Federal, State, local, or foreign laws and
regulations, to prescribe controlled substances and other drugs.
Performing (a safety- sensitive function) 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 for random drug testing means the number of verified positive results for
random drug tests conducted under this part plus the number of refusals of random drug
tests required by this part, divided by the total number of random drug tests results (i.e.,
positives, negatives, and refusals) under this part.
Refuse to submit (to an alcohol or controlled substances test) means that a driver:
(1) Fail to appear for any test (except a pre - employment test) within a reasonable time, as
determined by the employer, consistent with applicable DOT agency regulations, after
being directed to do so by the employer. This includes the failure of an employee
(including an owner- operator) to appear for a test when called by a C /TPA (see §40.61(a)
of this title);
(2) Fail to remain at the testing site until the testing process is complete. Provided, that an
employee who leaves the testing site before the testing process commences (see §40.63(c)
of this title) a pre - employment test is not deemed to have refused to test;
(3) Fail to provide a urine specimen for any drug test required by this part or DOT agency
regulations. Provided, that an employee who does not provide a urine specimen because
he or she has left the testing site before the testing process commences (see §40.63(c) of
this title) for a pre - employment test is not deemed to have refused to test;
(4) In the case of a directly observed or monitored collection in a drug test, fails to permit
the observation or monitoring of the driver's provision of a specimen (see § §40.67(1) and
40.69(g) of this title);
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REV DATE: SEPTEMBER 2009
CI'CY OF SEWARD
COMMERCIAL MOTOR VEIIICLE DRIVER POLICY
(5) Fail to provide a sufficient amount of urine when directed, and it has been determined,
through a required medical evaluation, that there was no adequate medical explanation for
the failure (see §40.193(d)(2) of this title);
(6) Fail or declines to take a second test the employer or collector has directed the driver
to take;
(7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part
of the verification process, or as directed by the DER under §40.193(d) of this title. In the
case of a pre- employment drug test, the employee is deemed to have refused to test on
this basis only if the pre - employment test is conducted following a contingent offer of
employment;
(8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets
when so directed by the collector, behave in a confrontational way that disrupts the
collection process); or
(9) Is reported by the MRO as having a verified adulterated or substituted test result.
Safety- sensitive function means all time from the time a driver begins to work or is
required to be in readiness to work until the time he /she is relieved from work and all
responsibility for performing work. Safety- sensitive functions shall include:
(1) All time at an employer or shipper plant, terminal, facility, or other property, or on any
public property, waiting to be dispatched, unless the driver has been relieved from duty
by the employer;
(2) All time inspecting equipment as required by § §392.7 and 392.8 of this subchapter or
otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any
time;
(3) All time spent at the driving controls of a commercial motor vehicle in operation;
(4) All time, other than driving time, in or upon any commercial motor vehicle except
time spent resting in a sleeper berth (a berth conforming to the requirements of §393.76
of this subchapter);
(5) All time loading or unloading a vehicle, supervising, or assisting in the loading or
unloading, attending a vehicle being loaded or unloaded, remaining in readiness to
operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
and
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled
vehicle.
Screening test (or initial test) means:
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CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
(1) In drug testing, a test to eliminate "negative" urine specimens from further analysis or
to identify a specimen that requires additional testing for the presence of controlled
substances. %IM-
(2) In alcohol testing, an analytical procedure to determine whether an employee may
have a prohibited concentration of alcohol in a breath or saliva specimen.
Stand -down means the practice of temporarily removing an employee from the
performance of safety - sensitive functions based only on a report from a laboratory to the
MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a
substituted test, before the MRO has completed verification of the test results.
Violation rate for random alcohol testing means the number of 0.04 and above random
alcohol confirmation test results conducted under this part plus the number of refusals of
random alcohol tests required by this part, divided by the total number of random alcohol
screening tests (including refusals) conducted under this part.
-
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CITY OF SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
Additional Terms from 49 CFR Part 40 (Regulatory Language Cited)
In this part, the terms listed in this section have the following meanings:
Adulterated specimen. A specimen that contains a substance 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 that it is not consistent with human urine.
Affiliate. Persons are affiliates of one another if, directly or indirectly, one
controls or has the power to control the other, or a third party controls or has the power to
control both. Indicators of control include, but are not limited to: interlocking
management or ownership; shared interest among family members; shared facilities or
equipment; or common use of employees. Following the issuance of a public interest
exclusion, an organization having the sane or similar management, ownership, or
principal employees as the service agent concerning whom a public interest exclusion is
in effect is regarded as an affiliate. This definition is used in connection with the public
interest exclusion procedures of Subpart R of this part.
Air blank. In evidential breath testing devices (EBTs) using gas chromatography
technology, a reading of the device's internal standard. In all other EBTs, a reading of
ambient air containing no alcohol.
Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol or other low
molecular weight alcohols, including methyl or isopropyl alcohol.
Alcohol concentration. The alcohol in a volume of breath expressed in terms of
grams of alcohol per 210 liters of breath as indicated by a breath test under this part.
Alcohol confirmation test. A subsequent test using an EBT, following a screening
test with a result of 0.02 or greater, that provides quantitative data about the alcohol
concentration.
Alcohol screening device (ASD). A breath or saliva device, other than an EBT,
that is approved by the National Highway Traffic Safety Administration (NHTSA) and
placed on a conforming products list (CPL) for such devices.
Alcohol screening test. An analytic procedure to determine whether an employee
may have a prohibited concentration of alcohol in a breath or saliva specimen.
Alcohol testing site. A place selected by the employer where employees present
themselves for the purpose of providing breath or saliva for an alcohol test.
Alcohol use. The drinking or swallowing of any beverage, liquid mixture or
preparation (including any medication), containing alcohol.
Blind specimen or blind performance test specimen. A specimen submitted to a
laboratory for quality control testing purposes, with a fictitious identifier, so that the
laboratory cannot distinguish it from an employee specimen.
Breath Alcohol Technician (BAT. A person who instructs and assists employees
in the alcohol testing process and operates an evidential breath testing device.
Cancelled test. A drug or alcohol test that has a problem identified that cannot be
or has not been corrected, or which this part otherwise requires to be cancelled. A
cancelled test is neither a positive nor a negative test.
Chain of custody. The procedure used to document the handling of the urine
specimen from the time the employee gives the specimen to the collector until the
specimen is destroyed. This procedure uses the Federal Drug Testing Custody and
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CITY Or SEWARD
COMMERCIAL MOTOR VEHICLE DRIVER POLICY
Control Form (CCF).
Collection container. A container into which the employee urinates to provide the
specimen for a drug test. —'
Collection site. A place selected by the employer where employees present
themselves for the purpose of providing a urine specimen for a dnig test.
Collector. A person who instructs and assists employees at a collection sitc, who
receives and makes an initial inspection of the specimen provided by those employees,
and who initiates and completes the CCF.
Confirmation (or confirmatory) drug test. A second analytical procedure
performed on a urine specimen to identify and quantify the presence of a specific drug or
drug metabolite.
Confirmation (or confirmatory) validity test. A second test performed on a urine
specimen to further support a validity test result.
Confirmed drug test. A confirmation test result received by an MRO from a
laboratory.
Consortium /Third -party administrator (C /TPA). A service agent that provides or
coordinates the provision of a variety of drug and alcohol testing services to employers.
C /TPAs typically perform administrative tasks concerning the operation of the employers'
drug and alcohol testing programs. This term includes, but is not limited to, groups of
employers who join together to administer, as a single entity, the DOT drug and alcohol
testing programs of its members. C /TPAs are not "employers" for purposes of this part.
Continuing education. Training for medical review officers (MROs) and
substance abuse professionals (SAPs) who have completed qualification training and are
performing MRO or SAP functions, designed to keep MROs and SAPs current on ,,...
changes and developments in the DOT dnig and alcohol testing program.
Designated employer representative (DER). An employee authorized by the
employer to take immediate action(s) to remove employees from safety- sensitive duties,
or cause employees to be removed from these covered duties, and to make required
decisions in the testing and evaluation processes. The DER also receives test results and
other communications for the employer, consistent with the requirements of this part.
Service agents cannot act as DERs.
Dilute specimen. A specimen with ercatinine and specific gravity values that are
lower than expected for human urine.
DOT, The Department, DOT agency. These terms encompass all DOT agencies,
including, but not limited to, the United States Coast Guard (USCG), the Federal
Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal
Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration
(FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and
Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary
(OST). These terms include any designee of a DOT agency.
Drugs. The drugs for which tests are required under this part and DOT agency
regulations are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates.
Employee. Any person who is designated in a DOT agency regulation as subject
to drug testing and /or alcohol testing. The term includes individuals currently performing
safety- sensitive functions designated in DOT agency regulations and applicants for ...�
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employment subject to pre - employment testing. For purposes of drug testing under this
part, the term employee has the same meaning as the term "donor" as found on CCF and
related guidance materials produced by the Department of Health and Human Services.
.._. Employer. A person or entity employing one or more employees (including an
individual who is self - employed) subject to DOT agency regulations requiring
compliance with this part. The term includes an employer's officers, representatives, and
management personnel. Service agents are not employers for the purposes of this part.
Error Correction Trainin>;. Training provided to BATs, collectors, and screening
test technicians (STTs) following an error that resulted in the cancellation of a drug or
alcohol test. Error correction training must be provided in person or by a means that
provides real -tine observation and interaction between the instructor and trainee.
Evidential Breath Testing Device (EBT). A device approved by NHTSA for the
evidential testing of breath at the .02 and .04 alcohol concentrations, placed on NHTSA's
Conforming Products List (CPL) for "Evidential Breath Measurement Devices" and
identified on the CPL as conforming with the model specifications available from
NHTSA's Traffic Safety Program.
HHS. The Department of Health and Human Services or any designee of the
Secretary, Department of Health and Human Services.
initial drug test. The test used to differentiate a negative specimen from one that
requires further testing for drugs or drug metabolites.
Initial validity test. The first test used to determine if a specimen is adulterated,
diluted, or substituted.
Invalid drug test. The result of a drug test for a urine specimen that contains an
unidentified adulterant or an unidentified interfering substance, has abnormal physical
characteristics, or has an endogenous substance at an abnormal concentration that
prevents the laboratory from completing or obtaining a valid drug test result.
Laboratory. Any U.S. laboratory certified by HHS under the National Laboratory
Certification Program as meeting the minimum standards of Subpart C of the HHS
Mandatory Guidelines for Federal Workplace Drug Testing Programs; or, in the case of
foreign laboratories, a laboratory approved for participation by DOT under this part. (The
HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs are available
on the internet at http: / /www.health.org /workpl.htm or from the Division of Workplace
Programs, 1 Choke Cherry Road, Room 2 -1035, Rockville, MD 20587)
Medical Review Officer (MRO). A person who is a licensed physician and who is
responsible for receiving and reviewing laboratory results generated by an employer's
drug testing program and evaluating medical explanations for certain drug test results.
Office of Drug and Alcohol Policy and Compliance (ODAPC). The office in the
Office of the Secretary, DOT, that is responsible for coordinating drug and alcohol testing
program matters within the Department and providing information concerning the
implementation of this part.
Primary specimen. In drug testing, the urine specimen bottle that is opened and
tested by a first laboratory to determine whether the employee has a drug or drug
metabolite in his or her system; and for the purpose of validity testing. The primary
specimen is distinguished from the split specimen, defined in this section.
Qualification Training. The training required in order for a collector, BAT, MRO,
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SAP, or STT to be qualified to perform their functions in the DOT drug and alcohol
testing program. Qualification training may be provided by any appropriate means (e.g.,
classroom instruction, internet application, CD —ROM, video). --
Refresher Training. The training required periodically for qualified collectors,
BATs, and STTs to review basic requirements and provide instruction concerning
changes in technology (e.g., new testing methods that may be authorized) and
amendments, interpretations, guidance, and issues concerning this part and DOT agency
drug and alcohol testing regulations. Refresher training can be provided by any
appropriate means (e.g., classroom instruction, internet application, CD —ROM, video).
Screening Test Technician (STT). A person who instructs and assists employees
in the alcohol testing process and operates an ASD.
Secretary. The Secretary of Transportation or the Secretary's designee.
Service agent. Any person or entity, other than an employee of the employer, who
provides services specified under this part to employers and /or employees in connection
with DOT drug and alcohol testing requirements. This includes, but is not limited to,
collectors, BATs and STTs, laboratories, MROs, substance abuse professionals, and
C /TPAs. To act as service agents, persons and organizations must meet the qualifications
set forth in applicable sections of this part. Service agents arc not employers for purposes
of this part.
Shipping container. A container that is used for transporting and protecting urine
specimen bottles and associated documents from the collection site to the laboratory.
Specimen bottle. The bottle that, after being sealed and labeled according to the
procedures in this part, is used to hold the urine specimen during transportation to the
laboratory. .r.
Split specimen. In drug testing, a part of the urine specimen that is sent to a first
laboratory and retained unopened, and which is transported to a second laboratory in the
event that the employee requests that it be tested following a verified positive test of the
primary specimen or a verified adulterated or substituted test result.
Stand -down. The practice of temporarily removing an employee from the
performance of safety- sensitive functions based only on a report from a laboratory to the
MRO of a confirmed positive test for a drug or dnig metabolite, an adulterated test, or a
substituted test, before the MRO has completed verification of the test result.
Substance Abuse Professional (SAP). A person who evaluates employees who
have violated a DOT drug and alcohol regulation and makes recommendations
concerning education, treatment, follow -up testing, and aftercare.
Substituted specimen. A specimen with creatinine and specific gravity values that
are so diminished that they are not consistent with human urine.
Verified test. A drug test result or validity testing result from an HHS- certified
laboratory that has undergone review and final determination by the MRO.
[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 71 FR 49384,
August 23, 2006; 71 FR 55347, Sept. 22, 2006]
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382.113 Requirement for notice
Notice of Testing: Before performing each alcohol or controlled substances test under Part
382, the City will notify a driver that the alcohol or controlled substances test is required by
Part 382. The City will not falsely represent that a test is administered under this Part 382.
§ 382.301 Pre - employment testing
Once -a -Year Drivers
If the City uses, but does not employ a driver more than once a year to operate commercial
motor vehicles the City must obtain the following information at least once every six months.
c) (1) An employer who exercises the exception in paragraph (b) of this section shall contact
the controlled substances testing program(s) in which the driver participates or participated
and shall obtain and retain from the testing program(s) the following information:
(i) Name(s) and address(es) of the program(s).
(ii) Verification that the driver participates or participated in the program(s).
(iii) Verification that the program(s) conforms to part 40 of this title.
(iv) Verification that the driver is qualified under the rules of this part, including that
the driver has not refused to be tested for controlled substances.
(v) The date the driver was last tested for controlled substances.
(vi) The results of any tests taken within the previous six months and any other
violations of subpart B of this part.
The records prepared in compliance with this section will be maintained in accordance with
§382.401 of the regulations. If the City cannot verify that the driver is participating in a
controlled substances testing program in accordance, the City will conduct a pre - employment
controlled substances test.
§ 382.303 (g)(1)(2)
Post - Accident Tests Administered by Law Enforcement Officials
A driver may be directed to submit to a drug and /or alcohol test at the accident scene by a
federal, state, or local law enforcement officer. Whenever a law enforcement officer
conducts a drug or alcohol test on a driver involved in an accident, the driver must contact
his /her supervisor or other City official to report the test result.
Whenever a driver is involved in a DOT accident and is not tested for controlled substances
and /or alcohol by a law enforcement officer, the driver is required to immediately contact
his /her supervisor or other City official and remain available to be tested. The City will
provide the driver with the necessary instructions in the event of an accident that requires a
drug /alcohol test.
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§ 382.303 (h)
Exception to Post - Accident Testing Requirements
Per the regulations (references cited) this section does not apply to: .IM
(1) An occurrence involving only boarding or alighting from a stationary motor vehicle;
or
(2) An occurrence involving only the loading or unloading of cargo; or
(3) An occurrence in the course of the operation of a passenger car or a multipurpose
passenger vehicle (as defined in §571.3 of this title) by an employer unless the motor
vehicle is transporting passengers for hire or hazardous materials of a type and quantity
that require the motor vehicle to be marked or placarded in accordance with § 177.823 of
this title.
§ 382.601 (d)
Certificate of receipt
The City will ensure that each driver is required to sign a statement certifying that he or
she has received a copy of the educational and policy materials described in this section.
The City will maintain the original of the signed certificate and may provide a copy of the
certificate to the driver.
—
DRUG PERSONNEL AND SERVICES
1. SERVICE AGENT (SA)
Worksafe, Inc.
300 West 36 Avenue, Suite A
Anchorage, Alaska 99503
2. MEDICAL REVIEW OFFICER (MRO)
Dr. Stephen Herbets, MD
16560 Harbor Blvd. , Suite A
Fountain Valley, CA 92708
3. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION (SAMHSA) LABORATORY
Pathology Associates Medical Laboratory
11604 E. Indiana Road
Spokane, WA 99206
4. EMPLOYEE ASSISTANCE PROGRAM – Appendix B
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Appendix B
Employee Assistance Program
We all have problems from time to time, and usually we can cope with them on
our own. Sometimes, however, we need outside help. The City of Seward
provides all regular, full -time employees with a Health Care Plan administered by
RBMS, LLC a Meritain Health Company. The plan offers partial coverage for
Alcoholism and Drug Addiction - Inpatient and Outpatient treatment. Please
contact the number listed on the back of your insurance card for more
information. Below is a list of rehabilitation resources that may help you.
Drug Alcohol Counseling Rehabilitation Resources
Alaska Council on Prevention of Alcohol & Drug Abuse 800- 478 -7738
Akeela House, Inc. 907 - 561 -5266
Alaska Addiction Rehabilitation Services 800 - 376 -4535
907 - 376 -4534
Alaska Aviation Toxicology 800 - 478 -3783
907 - 451 -3784
Alaska Human Services 907 - 561 -4535
Alaska Youth & Parent Foundation 907 - 274 -6541
Alcoholics Anonymous 907 - 272 -7860
Alcoholism 907 - 243 -1181
907 - 276 -2898
Betty Ford Center 800 - 854 -9211
Center for Drug Problems 907 - 276 -6430
Charter North Star Behavioral Health System 907 - 258 -7575
Charter North Counseling Center 907 - 561 -7576
Church of Scientology of Anchorage 907 - 336 -6086
-- Circle S Recovery Ranch (Washington) 800 - 533 -3046
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Genesis House, Inc. 907 - 243 -513(
Lakeside Milam Recovery Centers (Washington) 800 - 231 -4303
Pacific Rim Counseling, Inc. 907 - 349 -0077
Providence Breakthrough 907 - 562 -7325
Residence XII for Women 800 - 776 -5944
Salvation Army 907 - 243 -1181
Seaview Community Services 907- 224 -5257
Starting Point 907 - 562 -6116
Sundown M Ranch (Washington) 509 - 457 -0990
Valley General Hospital Alcohol /Drug Recovery Center 360- 794 -1405
WorkSafe, Inc. 907-563-837
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