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Layton City Policy

Personnel Policy Manual

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3508 - Commercial Driver Drug Free Work Place Policy

This policy applies to all employees in the service of Layton City for compensation who are required to hold and maintain a CDL as a condition of employment, or who receive a reimbursement in part or whole for securing a CDL, or who operate a commercial motor vehicle including full-time, part-time, casual, intermittent or occasional drivers shall be subject to random testing conducted pursuant to Federal law and regulations of Title 49 Code of Federal Regulations, parts 40, 382, and 383. 

Policy Statement

This policy states the position of Layton City (hereafter referred to as the City) regarding the use of alcohol and drugs in our work places or off City premises while conducting City business. Employees are expected and required to report to work on time and in suitable mental and physical condition for work. It is the City’s intent and obligation to provide a healthy, safe, and drug-free work environment.

The unlawful manufacture, distribution, possession, or use of a controlled substance and/or alcohol on City premises, in City vehicles, or while conducting City business off City premises is prohibited. Violation of this policy will result in disciplinary action, up to and including termination.

The City recognizes alcohol and drug abuse as a potential health and safety issue and encourages employees to seek help. A conscientious effort to seek such help, by itself, will not jeopardize any employee's job. Employees must, as a condition of employment, abide by the terms of this policy and report any conviction under a criminal drug or alcohol statute.  A report of a conviction, guilty plea or plea of no contest, must be made within five (5) days after conviction.

Zero Tolerance

Following a pre-disciplinary hearing, if it is determined that an employee tested positive for use of illicit or non-prescribed drugs and/or alcohol, or a finding of abuse of prescribed drugs, or upon the refusal of any employee to provide a sample, or upon the employee knowingly supplying substituted or adulterated sample, that employee shall have his/her employment terminated with the City and will not be given an opportunity to resign.  There will be no second chances.

Definitions

  1. "Employee" this policy applies to all employees in the service of the City for compensation who are required to hold and maintain a CDL as a condition of employment or who receive a reimbursement in part or whole for securing a CDL or who operate a commercial motor vehicle including full-time, part-time, casual, intermittent or occasional drivers shall be subject to random testing conducted pursuant to Federal law and regulations of Title 49 Code of Federal Regulations, part 383. All City employees are subject to pre-employment, random, reasonable suspicion, post-accident, return-to-duty and follow-up testing conducted pursuant to such law and regulations and this policy.
  2. "Prospective employee" means any person who has made application for employment with the City, who is subject to the commercial driver’s license requirements of Title 49 Code of Federal Regulations, part 383, and/or any person who has been offered a position with the City.  Applicants who are offered a position with the City are subject to pre-employment drugs/controlled substances testing as a condition of employment.
  3. "Commercial Motor Vehicle" A commercial motor vehicle means a motor vehicle or a combination of motor vehicles used in a commerce to transport passengers or property if the motor vehicle:
    1. Has a gross combination weight of 26001 or more pounds; or
    2. Is designed to transport 16 or more passengers, including the driver; or
    3. Is of any size and is used in the transportation of materials found to be hazardous and which require the motor vehicle to be placarded.

    Employees who operate Commercial Motor Vehicles as defined above are required to have a current Commercial Driver’s License (CDL).

Safety-Sensitive Functions, Driving Time Definitions (For Employees Requiring a CDL)

"Safety-Sensitive Functions" means any of those on-duty functions set forth in Title 49 Code of Federal Regulations, part 395.2, On-Duty Time, paragraphs (1) through (7).

An employee shall be considered to be performing safety-sensitive functions whenever:

  1. S/he begins work until the time s/he is relieved from work including time spent at a facility waiting to be dispatched, or
  2. Inspecting or servicing the vehicle, or
  3. Driving or at the controls of the vehicle, or
  4. Resting in the vehicle, or
  5. Loading or unloading the vehicle including the performance of any related paperwork, or
  6. Performing those duties required of a driver involved in a vehicle accident, or
  7. Repairing or attending to a disabled vehicle, or
  8. During all time while providing a breath sample or urine specimen including travel time to and from the collection site in order to comply with testing directed by the City.

Alcohol Testing Definitions

  1. "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
  2. "Alcohol use" means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
  3. "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-testing device.
  4. "Evidential breath testing device" means a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA’s "Conforming products list of evidential breath measurement devices (CPL)", "and identified on the CPL as conforming with the model specifications available from the National Highway Traffic Safety Administration, Office Of Alcohol and State Programs".
  5. "Screening alcohol test" means an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.
  6. "Confirmation alcohol test" means a second test, following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration.

Drug Testing Definitions

  1. "Illegal drugs" means a controlled substance included in Schedule I or II, as defined by Section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter 13 of the Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other use authorized by law.
  2. "Drug test" means analysis of a urine sample for the presence of "illegal drugs" provided by an "employee" or "prospective employee".
  3. "Screening drug test" means an immunoassay screen to eliminate "Negative" urine specimens for further analysis.
  4. "Confirmation drug test" means a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy.
  5. "Verified negative drug test" means a drug test result that was negative on an initial FDA- approved immunoassay test (screening drug test), and reviewed and verified by the MRO in accordance with this plan and the mandatory guidelines under Title 49 Code of Federal Regulations part 40 - procedures for transportation workplace drug and alcohol testing programs.
  6. "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 result.
  7. "Verified positive drug test" means a test result that was positive on an initial FDA-approved immunoassay test (screening drug test), confirmed by a gas chromatography/mass spectrometry assay, (or other confirmatory test approved by the Department of Health and Human Services) (confirmation drug test), and reviewed and verified by the MRO in accordance with this plan and the mandatory guidelines under Title 49 Code of Federal Regulations part 40 - procedures for transportation workplace drug and alcohol testing programs.  The "screening drug test" and "confirmation drug test" cutoff levels for the "illegal drugs" are listed below.

          Drug            Screening cutoff    Confirmation cutoff

       Cannabinoids as

       Carboxy-thc   

       (Marijuana)         50 ng/ml         15 ng/ml

       Cocaine metabolites

       As benzoylecgonine

       (Cocaine, crack)    150 ng/ml         100 ng/ml

       Phencyclidine

       (Pcp, angel dust)       25 ng/ml         25 ng/ml

       Opiates (codeine,

       Morphine, & Heroin)          2000 ng/ml       2000 ng/ml

       Amphetamine

       (Amphetamine,

       Methamphetamine, & Methylenedioxymethamphetamine (MDMA))    500 ng/ml                    250 ng/ml

  8. "Split urine sample" means a portion of the urine sample provided by the donor at the time of collection, poured into a separate specimen bottle, sealed in the presence of the donor, and shipped to the primary laboratory. If the primary sample tested positive for the presence of the drug(s) defined in F- "verified positive drug test" the donor can request analysis of the "split sample" if he/she notifies the MRO within 72 hours of notification of a positive drug test.

Drug And Alcohol Testing Definitions

  1. "Pre-employment testing" means prior to the first time an employee performs safety-sensitive functions for the City, the employee shall undergo testing for drugs and alcohol. The City is not required to administer an alcohol and/or controlled substances test if it meets the exceptions for pre-employment testing outlined in Title 40 Code of Federal Regulations, part 382.301, pre-employment testing. In addition, alcohol and/or drugs/controlled substance tests may be administered to any person who has applied and is offered position with the City as a condition of employment.
  2. "Random test" means a system of drug and/or alcohol testing imposed without individualized suspicion that a particular individual is using illegal drugs, and may either be:
    1. Uniform-unannounced testing of designated employees occupying a specified area element or position; or
    2. A statistically random sampling of such employees based on a neutral criterion, such as social security numbers.  The City shall ensure that random alcohol and drug tests conducted under this testing method are unannounced and that the dates for testing are spread reasonably throughout the calendar year.

    The minimum annual percentage rate for random illegal drug testing shall be 50 percent of the average number of employees in positions requiring a CDL. 

    The minimum annual percentage rate for random alcohol testing shall be 10 percent of the average number of employees in positions requiring a CDL.

    The minimum annual percentage rate for random drug and alcohol testing may be increased or decreased by the Federal Motor Carriers Safety Administration, for positions requiring a CDL.  The City shall require that each employee who is notified of selection for random alcohol and/or drug testing proceeds to the testing facility immediately.

    An employee shall only be tested for alcohol while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions.

  3. "Reasonable suspicion testing" means drug and/or alcohol testing when the City has reasonable suspicion to believe that the employee has violated the prohibitions of this policy concerning drug and/or alcohol use. Reasonable suspicion of drug and/or alcohol use shall be based on a specific, contemporaneous event or observation pointing to recent drug and/or alcohol use.


  4. Testing shall be obtained only after the covered employee’s supervisor or City official (trained in detecting the indicators of drug and/or alcohol use in accordance with Title 49 Code of Federal Regulations, part 382.603) has reviewed all information, facts, and circumstances leading to and supporting the reasonable suspicion. A written record shall be made of the observations leading to the reasonable suspicion testing, and signed by the supervisor or City official prior to testing.

    Reasonable suspicion shall be based on specific objective facts and reasonable inferences, and shall be documented by the supervisor prior to testing and, whenever practical, the supervisor should seek the observations of at least one additional employee, preferably a supervisor. Supervisors and managers are to receive training to look for behaviors, which may indicate drug or alcohol usage. These behaviors include, but are not limited to: direct observation of drug or alcohol use, drug paraphernalia, abnormal or erratic behavior such as accidents, theft, repeated errors on the job, or unsatisfactory time and attendance patterns, any of which are coupled with a specific contemporaneous event that indicates probable drug or alcohol use. Other factors which may constitute reasonable suspicion include, but are not limited to, slurred speech, red eyes, constricted or dilated pupils, incoherence, unsteadiness of feet, smell of alcohol, marijuana, or other controlled substance emanating from the employee’s person, inability to carry on rational conversations, increased carelessness, erratic behavior, inability to perform on the job, or other unexplained behavior changes.

    The Supervisor’s Reasonable Suspicion and Post Accident Check Sheet may be used for documentation. Supervisors have a duty to act when they have reasonable suspicion that an employee has a controlled substance or alcohol problem. All employees tested under this provision shall be removed from the covered safety-sensitive position until the results of the drug screen and/or alcohol test are reviewed by the City’s Designated Agent.

    Alcohol testing is authorized under reasonable suspicion only if the observations required by this testing method are made during, just preceding, or just after the period of the work day that the employee is required to be in compliance with (on-duty time). An employee may be directed by the City to undergo reasonable suspicion testing only while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. The City shall not take any action under this section against an employee based solely on the employee’s behavior and appearance, with respect to alcohol use, in the absence of an alcohol test.

    If an alcohol test required by this method is not administered within two hours following the determination to test, the City shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by this method is not administered within eight hours following the determination to test, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test.

  5. "DOT Post-accident testing"A post-accident test is an alcohol and/or drugs/controlled substances test administered to a surviving driver following an accident involving a commercial motor vehicle operating on a public road as follows:

    1. The employee driver was performing safety sensitive functions with respect to the vehicle and the accident involved a loss of human life; or


    2. The employee driver receives a citation under State or local law for a moving traffic violation arising from the accident, if the accident involved:
      1. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

      2. Disabling damage to one or more motor vehicles incurred as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

      The results of a breath test for the use of alcohol or a urine test for the use of controlled substances conducted by federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of Title 49 Code of Federal Regulations, part 382.303, provided such tests conform to applicable federal, state, or local requirements, and that the results of the tests are obtained by the City.

  6. "Return to duty testing" means drug and/or alcohol testing required before the employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by this policy.  An alcohol test conducted under return to duty testing shall have a result indicating an alcohol concentration of less than 0.02 grams of alcohol per 210 liters of breath.  A drug test conducted under return to duty testing shall have a result indicating a verified negative result.
  7. "Follow-up testing" means testing required following a determination that an employee is in need of assistance in resolving problems associated with alcohol misuse and/or illegal drugs. The City shall ensure that the employee is subject to unannounced follow-up alcohol and/or illegal drug testing as directed by a substance abuse professional.

    Follow-up alcohol testing shall be conducted only when the employee is performing safety- sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions.

Notice - Nothing within these definitions or within this policy is intended to infer continued employment following a violation of this policy.

Other Definitions

  1. "Supervisor" means an employee having authority to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove other employees, to adjust their grievances, or to effectively recommend such action.
  2. "Medical Review Officer"(MRO) means the individual responsible for receiving laboratory results generated from the City drug testing program who is a licensed physician with knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluate all positive test results together with an individual’s medical history and other relevant biomedical information. The MRO shall make the decision when an employee may return to duty following an employee’s violation of prohibitions of this policy.
  3. "Employee Assistance Program" means a counseling program that offers assessment, short- term counseling, and referral services to employees for a wide range of drug, alcohol, and mental health problems, and monitors the progress of employees while in treatment. The employee may be responsible for the cost of services for counseling and treatment services provided by the EAP program. Participation in an employee assistance program is voluntary; However, the City may require participation as a condition of continued employment.
  4. "Substance Abuse Professional" means a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional or addiction counselor (certified by the national association of alcoholism and drug abuse counselors certification commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. The City shall not permit a driver who has engaged in conduct prohibited by Title 49 Code of Federal Regulations, part 382, subpart B and this policy to perform safety-sensitive functions until he/she has been evaluated by a substance abuse professional.

Prohibitions

The following prohibitions reflect Title 49 Code of Federal Regulations, parts 382.201, 382.204, 382.205, 382.207, 382.209, 382.211, 382.213, and 382.215.

Alcohol concentration (382.201)

Covered employees are prohibited from reporting for duty or remaining on duty when their ability to perform assigned functions is adversely affected by alcohol or when their blood alcohol concentration is 0.04 or greater. No Supervisor having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions. 

Alcohol possession (382.204)

No employee shall be on duty or operate a commercial motor vehicle while the employee possesses alcohol, unless the alcohol is manifested and transported as part of a shipment or is being taken into evidence. No Supervisor having actual knowledge that an employee possesses unmanifested alcohol may permit the employee to drive or continue to drive a commercial motor vehicle.

On-duty use (382.205)

No employee shall use alcohol while performing safety-sensitive functions. No Supervisor having actual knowledge that an employee is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.

Pre-duty use (382.207)

No employee shall perform safety-sensitive functions within four hours after using alcohol. No Supervisor having actual knowledge that such an employee has used alcohol within four hours shall permit an employee to perform or continue to perform safety-sensitive functions.

Use following an accident (382.209)

No employee required to take a post-accident alcohol test under Title 49 Code of Federal Regulations, part 382.303, shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

Refusal to submit to a required alcohol or controlled substances test

 (illegal drug test)(382.211)& (40-191)

No employee shall refuse to submit to a post-accident alcohol or controlled substance (illegal drugs) test required under Title 49 Code of Federal Regulations, part 382.303, a random alcohol or controlled substance (illegal drugs) test required under Title 49 Code of Federal Regulations, part 382.305, a reasonable suspicion alcohol or controlled substances (illegal drugs) test required under Title 49 Code of Federal Regulations, part 382.307, or a follow-up alcohol or controlled substances (illegal drugs) test required under Title 49 Code of Federal Regulations, part 382.311. No Supervisor shall permit an employee who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.

The following examples (not a complete list) constitute a refusal to be tested for alcohol and/or controlled substances (illegal drugs):

Alcohol testing, refusal by an employee to:

  • Sign the breath alcohol form (step 2)
  • Provide breath or provide adequate breath without a valid medical explanation.
  • Cooperate with the testing process in a way that prevents the completion of the test.

Controlled substances (illegal drugs), refusal by an employee to:

  • Provide a urine sample.
  • Provide an adequate urine sample without a valid medical explanation.  
  • Cooperate with the testing process in a way that prevents the completion of the test.

Procedures for employees who do not provide a sufficient urine sample:

  • The employee must attempt to provide an initial urine sample at the collector’s request.
  • If the employee is unable to produce a sufficient urine sample, the collector urges the employee to drink up to 40 oz of fluid, distributed reasonably through a period of up to 3 hours.  It is not a refusal to test if the employee declines to drink.
  • If the employee refuses to make the attempt to provide a new specimen or leaves the collection site before the collection process is complete, this is a refusal to test.
  • If the employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt, the collector must (1) discontinue the collection, (2) notify the City Program Administrator immediately, (3) note the fact on the "Remarks" line of paperwork, and (4) send or fax the written paperwork to the MRO and City Program Administrator within 24 hours.
  • Upon being notified by the collector that the employee has not supplied a sufficient sample, the City Program Administrator, after consulting with the MRO, must direct the employee to obtain, within five business days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employees failure to provide a sufficient specimen.
  • Unless the behavior of the employee would indicate reasonable suspicion that he/she is under the influence of controlled substances or alcohol, the employee will return to work, but will not be allowed to perform safety sensitive functions until the MRO makes a written report to the City Program Administrator that the test is either cancelled or the employee has refused to provide a sample.
  • If the MRO determines that the test should be cancelled, the City will allow the employee to resume safety sensitive duties and take no further action with respect to the employee,  If the MRO determines that the employee refused to provide a sample, the employee will be dealt with as described in the City Action section below.

Controlled substance use (382.213)

  • No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial motor vehicle.
  • No Supervisor having actual knowledge that an employee has used a controlled substance shall permit the employee to perform or continue to perform a safety-sensitive function.
  • Prescription medications. Drivers taking legally prescribed medications issued by a licensed health care professional familiar with the driver’s work-related responsibilities must report such use to their immediate supervisor or dispatcher, and may be required to present written evidence from the health care professional which describes the effects such medications may have on the driver’s ability to perform his/her tasks.

In the sole discretion of the alcohol and drug program administrator, a driver may be temporarily removed, with pay, from a safety-sensitive position if deemed appropriate.

Controlled substances testing (382.215)

No employee shall report for duty, remain on duty or perform a safety-sensitive function, if the employee tests positive for controlled substances (illegal drugs). No supervisor having actual knowledge that a driver has tested positive for controlled substances (illegal drugs) shall permit the driver to perform or continue to perform safety-sensitive functions.

Testing

The City intends to test employees and/or prospective employees for the presence of drugs and/or alcohol, in accordance with the provisions of this policy. An employee who refuses to be tested when so required will be subject to the full range of disciplinary action, including dismissal.  Attempts to alter or substitute a urine specimen provided will be deemed a refusal to take the drug test when required.  Drug and/or alcohol tests shall be given under the following circumstances:

  1. Pre-employment drug testing.
  2. Random drug testing.  (See Drug and Alcohol Testing Definitions, Section B)
  3. Reasonable suspicion drug testing. (See Drug and Alcohol Testing Definitions, Section C)
  4. Post accident testing. If an alcohol test required by this method is not administered within two hours following the determination to test, the City shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered.  If an alcohol test required by this method is not administered within eight hours following the determination to test, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. If a drug test required by this method is not administered within 32 hours following the accident, the City shall cease attempts to administer a drug test, and shall state in the record the reasons for not administering the test.
  5. Return to duty testing.  (See drug and alcohol testing definitions above.)
  6. Follow-up testing.  (See drug and alcohol testing definitions above.)

Procedures used to test for the presence of alcohol and controlled substances (illegal drugs)

Alcohol and controlled substances (illegal drug) testing conducted under this policy shall meet or exceed the procedures found in Title 49 Code of Federal Regulations, part 40 - procedures for transportation workplace drug and alcohol testing programs. A copy of this Title shall be maintained by the Program Administrator and shall be made available to any employee upon request.

Possession

No employee shall have illegal drugs and/or alcohol in their possession while on City premises, or while operating City equipment.

Consequences for employees engaging in substance use-related conduct

Removal from safety-sensitive functions

No employee shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the employee has engaged in conduct prohibited by this policy; Title 49 Code of Federal Regulations, part 382, subpart B - prohibitions; or an alcohol or controlled substances rule of another DOT agency.

Required evaluation and testing

No employee who has engaged in conduct prohibited by this policy; Title 49 Code of Federal Regulations, part 382, subpart B - prohibitions shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the employee has met the requirements of Title 49 Code of Federal Regulations, part 382.605.

Other alcohol-related conduct

No employee tested under this policy who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for the City, including driving a commercial motor vehicle, nor shall the City permit the employee to perform or continue to perform safety-sensitive functions, until the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following the administration of the test.  Except as provided in this section, the City shall not take any action under this section against an employee solely on test results showing an alcohol concentration less than 0.04.

City Action

Any prospective employee who refuses to be tested, or who knowingly dilutes, substitutes or adulterates a urine sample shall be denied employment.  Any prospective employee whose pre-employment drug and/or alcohol test results in a confirmed positive and who does not have a medically sufficient explanation (as determined in the sole, but reasonable discretion of the MRO) shall not be hired and may reapply for employment with the City no sooner than one (1) year from the date of such test.

Employees testing positive for the use of drugs and/or alcohol, or upon the refusal of any employee to provide a sample, or upon the employee knowingly supplying a substituted or adulterated sample, that employee shall be immediately be suspended with pay until a pre-disciplinary hearing is held, and where found in violation of this policy shall be subject to disciplinary action up to and including termination.

All other violations of this policy will subject employees to the full range of disciplinary actions up to and including termination.

An employee who is denied promotion/transfer or is disciplined as a result of violating this policy may appeal the action in accordance with Policy #3802.

The City shall not permit an employee who has engaged in conduct prohibited by Title 49 Code of Federal Regulations, part 382, subpart B and this policy to perform safety-sensitive functions until he/she has been evaluated by a substance abuse professional and has completed a return to duty alcohol and/or drug test with negative result.

MRO responsibilities and actions, laboratory confirmed positive drug test, urine drug split sample request, split sample testing procedure

The MRO shall review all urine drug tests generated by this policy in compliance with Title 49 Code of Federal Regulations, part 40 - procedures for transportation workplace drug and alcohol testing programs.

Referral

Each covered employee who has a positive drugs/controlled substance test or a blood alcohol concentration test of 0.04 or greater shall be referred to a Substance Abuse Professional (SAP).  This referral does not obligate the City to cover the costs that may be charged by a SAP, nor does this referral infer continued employment by the City of said employee.

Negative drug test results

The responsibilities of the MRO with respect to negative drug test results are purely administrative.

Confirmed positive drug test results

The responsibilities of the MRO with respect to a confirmed positive drug test result are to review and interpret the drug test result. In carrying out this responsibility, the MRO shall examine alternate medical explanations for any positive test result. This action may include conducting a medical interview and review of the individual’s medical history, or review of any other relevant biomedical factors.  The MRO shall contact the individual directly, on a confidential basis, to determine whether the employee wishes to discuss the test result.

The MRO shall talk directly with the individual before verifying a test as positive to discuss the test results with him/her. If, after making all reasonable efforts and documenting them, the MRO is unable to contact the individual directly, the MRO shall contact the City Program Administrator who shall direct the individual to contact the MRO as soon as possible. If the individual provides a legitimate explanation for the confirmed positive drug test, verified by the MRO, the MRO declares the test to be negative.

Following verification of a positive test result, the MRO shall notify the individual that he/she has 72 hours from the time of notification to request a test of the split urine sample. If the individual requests an analysis of the split sample within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis.  A request to test the split specimen does not defer the reporting of the verified positive test result to the Program Administrator.

Following verification of a positive test result, the MRO shall, as provided in the City’s policy, refer the case to the City’s employee assistance or rehabilitation program and to the Program Administrator.  Upon receipt of a verified or confirmed positive drug test result which indicates a violation of this policy, the MRO shall report the drug screen result to the City Program Administrator with the following statement: the above named driver is medically unqualified to operate a commercial motor vehicle, (49 CFR part 391.95, drug use prohibitions).

If an employee has been medically unqualified, he/she must be medically qualified and re-tested before he/she can operate a commercial motor vehicle and/or otherwise return to work. The MRO will consult with the Program Administrator of the City, and the substance abuse professional to make the determination when to retest the individual employee after completion of the evaluation by the substance abuse professional.

Split sample procedure

The City shall pay for the cost of the split sample analysis requested by the employee. The sample shall be sent to another DHHS laboratory for analysis.  If the split sample analysis confirms the result of the primary laboratory, the City reserves the right to assess the costs associated with the split sample analysis to the employee requesting the analysis.   

Release of alcohol and controlled substances test information

This section details how and when the City may release records pertaining to the alcohol and/or controlled substances test conducted under this policy. The release of an employee’s drug and alcohol test are authorized under Title 49 Code of Federal Regulations, part 382, subpart D - handling of test results, records retention and confidentiality.

An employee is entitled, upon written request, to obtain copies of any records pertaining to the employee’s use of alcohol or controlled substances, including any records pertaining to his/her alcohol or controlled substances test. The City shall promptly provide the records requested by the employee. Access to an employee’s records shall not be contingent upon payment for records other than those specifically requested(individual drug and/or alcohol test records).

The City is to make available copies of all results for employer alcohol and/or controlled substances testing conducted under this part and any other information pertaining to the employer’s alcohol misuse and/or controlled substances use prevention program, when requested by the secretary of transportation, any DOT agency, or any state or local officials with regulatory authority over the employer or any of its employee’s.

When requested by the National Transportation Safety Board as part of an accident investigation, the employer shall disclose information related to the employer’s administration of a post-accident alcohol and/or controlled substances test administered following the accident under investigation.

Records shall be made available to a subsequent employer upon receipt of a written request from the employee.  Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the employee’s request.

The City may disclose information required to be maintained under Title 49 Code of Federal Regulations, part 382, subpart D - handling of test results, record retention and confidentiality, pertaining to an employee, to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual, and arising from the results of an alcohol and/or controlled substances test administered under this part, or from the employer’s determination that the employee engaged in conduct prohibited by subpart B of part 382 (including, but not limited to, a worker’s compensation, unemployment compensation, or other proceeding related to a benefit sought by the driver).

The City shall release information regarding an employee’s record as directed by the specific, written consent of the employee authorizing release of the information to an identified person. Release of such information by the person receiving the information is permitted only in accordance with the terms of the employee’s consent.

Retention of Records

The City shall maintain records of its alcohol misuse and controlled substances use prevention programs as provided in this section. The records shall be maintained in a secure location with controlled access.  The City shall maintain the records in accordance with the following schedule:

Five Years

1.   Records of employee alcohol test results with results indicating an alcohol concentration of 0.02 or greater.

2.   Records of employee verified positive controlled substances test results.

3.   Documentation of refusals to take required alcohol and/or controlled substances tests.

4.   Calibration documentation (breath alcohol testing devices)

5.   Employee evaluation and referrals (alcohol and controlled substances)

6.   A copy of each annual calendar year summary required by Title 49 Code of Federal Regulations, part 382.403.

Two years

1.   Records relating to the alcohol and controlled substances collection process (except calibration of evidential breath testing devices) and training.

One year

1.   Records of negative and cancelled controlled substances test results (as defined in Title 49 Code of Federal Regulations, Part 40) and alcohol test results with a concentration of less than 0.02.

Type of records

All records required under Title 49 Code of Federal Regulations, part 382, subpart D - handling of test results, record retention and confidentiality shall be maintained.

Employees subject to testing under this policy

All employees are subject to the following tests as defined under this policy:

Pre-Employment

Random (50% drug / 10% alcohol)

Reasonable Suspicion Testing

Post-Accident Testing

Return to Duty Testing

Follow-up Testing

Drug and Alcohol Program Administrator, MRO, Substance Abuse Professionals, Drug Testing Laboratories, Policy Effective Dates

Drug and Alcohol Program Administrator

The City Program Administrator is the City’s designated official to receive drug and alcohol testing results from the MRO and breath alcohol technicians conducting tests under this policy. The City Program Administrator will maintain copies of all training materials, policies, applicable Federal Regulations, and will be available to answer questions regarding these materials from anyone required to comply with this policy.

Drug and Alcohol Program Administrator

Name: Kiley Day, HR Officer or James S. Mason, Assistant City Manager

Address: 437 North Wasatch Drive 

Phone: 1 801-336-3820

FAX: 1 801- 336-3838

Drug and Alcohol Consortium and Third Party Administrator

OHCI - Occupational Health Care International

7621 Union Park Avenue

Midvale, UT 84047

Phone: 801-561-2777

FAX:  801-561-3657

MRO(s)

Dr. S. Corbin Clark

9690 South 1300 East Suite 100

Sandy, Utah 84094

Phone: 1-801-561-2777

FAX:  1-801-561-3657

Substance Abuse Professional(s)

Blomquist Hale Consulting Group, Inc.

Rich Jensen

1140 36th Street, Suite 111

Ogden, UT  84403

Drug Testing Laboratories

All controlled substance analysis shall be performed by a certified SAMHSA certified laboratory

Enacted, 7/22/1993
Amended, 4/5/1995
Amended, 1/1/1996
Amended, 12/9/1993, Previous Policy,
Amended, 2/12/1996, Previous Policy,
Amended, 3/28/2001, Previous Policy,
Minor Edit, 1/2/2004
Minor Edit, 1/5/2004
Minor Edit, 1/5/2004
Minor Edit, 1/5/2004
Minor Edit, 1/6/2004
Amended, 1/8/2004, Previous Policy 3508
Minor Edit, 2/23/2004
Amended, 12/7/2007, Previous Policy 3508
Amended, 12/7/2007, Previous Policy 3508
Amended, 11/8/2011, Previous Policy 3508
 




 
 
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