Subject: 20429/DrugPolicy/Drivers/OmnibusCompliance Date: Wed, 26 Oct 1994 09:09:23 -0500 RESOLUTION NO. 20429 (Amended by #20500) A RESOLUTION ADOPTING A DRUG AND ALCOHOL TESTING PROGRAM FOR EMPLOYEES OF THE CITY OF CHATTANOOGA DRIVING COMMERCIAL MOTOR VEHICLES AND FOR OTHER EMPLOYEES IN SAFETY-SENSITIVE POSITIONS. __________________________ WHEREAS, the Department of Transportation has promulgated certain regulations in Title 40, Code of Federal Regulations, pursuant to the Omnibus Transportation Employee Testing Act of 1991 establishing procedures and requirements for drug and alcohol testing of certain drivers and other "safety- sensitive" employees of the City; and WHEREAS, the purpose of this policy is to comply with the requirements of said Act and regulations; and WHEREAS, the City desires to create and maintain a safe, alcohol-free and drug-free working environment for all drivers and safety-sensitive employees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That the following policy and procedures be and the same are hereby adopted: 0C CITY OF CHATTANOOGA ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY FOR COMMERCIAL DRIVER LICENSE (CDL) HOLDERS AND OTHER SAFETY-SENSITIVE EMPLOYEES For purposes of this policy, the term "safety-sensitive employees" shall include but is not limited to all drivers and other employees whose job assignment requires a commercial driver's license [CDL]. All "safety-sensitive" employees and applicants of the City of Chattanooga upon entering employment shall be required to perform within the guidelines of the Omnibus Transportation Employee Testing Act of 1991. ALCOHOL No "safety-sensitive" employee shall report for duty or remain on duty while having an alcohol concentration (BAC) of 0.04 or greater. Employees may not use alcohol within four hours preceding the performance of safety-sensitive functions. Employees may not use or possess alcohol while on duty. Alcohol testing will be performed by using evidential breath testing equipment (EBT). Blood alcohol tests may be used when it is not practicable to use an EBT. Tests may be performed either on or off-site in accordance with Federal Highway Administration (FHWA) requirements. Employees who are determined to have a concentration of 0.02 or greater blood alcohol in their breath when tested will be removed from performing their on-duty functions for a minimum of 24 hours. Employees who are determined to have an alcohol concentration of 0.04 or greater shall be removed from their on-duty functions and referred to a Substance Abuse Professional (SAP). They cannot return to their on-duty functions until they have been evaluated by a SAP and have complied with any treatment recommendations. A minimum of twenty-five percent (25%), or percentage otherwise established by the FHWA Administrator, of all CDL holders will be tested randomly on an annual basis for alcohol. The following alcohol tests are required: 1. Pre-employment - Conducted before CDL applicants are hired, after an offer to hire and before actually performing on-duty functions as a CDL holder for the first time. Failure to pass results in the applicant not being hired. 2. Post-accident - The CDL employee shall be tested as soon as practicable following an accident and must remain available for alcohol testing and may not use alcohol for eight (8) hours (unless sooner tested) following an accident involving a commercial motor vehicle in which: A) there is loss of human life; (B) the employee receives a citation under state or local law for a moving traffic violation arising from the accident; or (C) or physical damage or injury occurs. If a breath test is not administered within two (2) hours following the accident, the immediate supervisor shall prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of the Associate Administrator. Refusal to submit to an alcohol test or using alcohol within eight hours after an accident or until tested is prohibited. 3. Reasonable suspicion - The CDL driver shall be tested when a trained supervisor observes behavior or appearance that is characteristic of alcohol misuse while the driver is performing on-duty functions, just before, during or just after the driver has ceased performing such functions. 4. Random - Conducted on an unannounced basis just before, during or just after performance of on-duty functions. Employees will be randomly selected by a scientifically valid method assuring that each CDL driver has an equal chance of being selected. 5. Return to Duty - Conducted immediately before a driver who has violated the prohibited alcohol conduct standards returns to performing on-duty functions. 6. Follow-up - When a driver who has violated the prohibited alcohol standards returns to work, at least six (6) tests will be conducted in the first twelve (12) months after an employee returns to duty. Follow-up testing may be extended for up to sixty (60) months following return to duty. 0C CONTROLLED SUBSTANCES (DRUGS) Illicit use of drugs by CDL holders is prohibited. No driver shall report for duty or remain on duty requiring the performance of safety-sensistive functions when the driver uses any controlled substances, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. Drug testing will be performed through analyzing an employee's urine specimen. Tests may be performed either on or off-site in accordance with FHWA Guidelines. Urine samples will be analyzed for the following controlled substances: 1. Marijuana 09 2. Cocaine 3. Amphetamines 4. Opiates (including heroin) 5. Phencyclidine (PCP) All positive drug test results will be reviewed and interpreted by a medical review officer (MRO) before they are reported to the City of Chattanooga. If an employee provides appropriate documentation and the MRO determines that a positive test is the result of a legitimate medical use of a prescription drug, the drug test will be reported as negative or the employee may be required to be re-tested. Each CDL holder will be required to advise their supervisor when they are taking prescribed medication which may impair their ability to perform their duties in a safe manner. Failure to report such potential impairments shall be considered a violation of this procedure and may subject the employee to disciplinary action. Employees who are determined to have a positive drug test result will be removed from duty. An employee will not be returned to duty until he/she has been evaluated by a Substance Abuse Professional (SAP), has complied with recommended rehabilitation, and has a negative result on return-to-duty testing. A minimum of fifty percent (50%), or a percentage otherwise established by the FHWA Administrator, of all CDL holders will be tested annually for drugs. The following drug tests are required: 1. Pre-employment - Conducted before CDL applicants are hired, after an offer to hire, and before actually performing on-duty functions as a CDL holder for the first time. Failure to pass results in the applicant not being hired. 2. Post-accident - A CDL employee shall receive a drug test as soon as practicable following an accident involving a commercial motor vehicle in which: A) there is loss of human life; (B) the employee receives a citation under state or local law for a moving traffic violation arising from the accident; or (C) major physical damage or serious injury occurs. The employee shall remain available for testing for thirty-two (32) hours. If a drug test is not administered within eight (8) hours following the accident, the immediate supervisor shall prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of the Associate Administrator. 3. Reasonable suspicion - The CDL driver shall be tested when a trained supervisor observes behavior or appearance that is characteristic of drug use while the driver is performing on-duty functions, just before, during or just after the driver has ceased performing such functions. 4. Random - Conducted on an unannounced basis just before, during or just after performance of on-duty functions. Employees will be randomly selected by a scientifically valid method assuring that each CDL driver has an equal chance of being selected. 5. Return to Duty - Conducted before a CDL driver who has violated the prohibited controlled substance standards is released to return to on-duty functions. An employee may not return to duty until favorable test results are received by the Board of Education. 6. Follow-up - When a driver who has violated the prohibited controlled substance standards returns to work, at least six (6) tests will be conducted in the first twelve (12) months after an employee returns to duty. Follow-up testing may be extended for up to sixty (60) months following return to duty. DISCIPLINE: Any employee who violates this policy shall be subject to appropriate disciplinary action, including dismissal. It shall be a violation of the policy for an employee to have alcohol .04 percent or above in their system while on-duty, or to have any alcohol in their possession while on duty. It shall be a violation of this policy for an employee to have any illicit controlled substance in his/her system while on-duty above FHWA quantitative guidelines, or to have failed to advise his/her supervisor about taking any prescription or non-prescription drugs which may impair his/her ability to perform their duties in a safe manner. It shall be a violation of this policy for an employee to refuse to submit to any required testing. TRAINING: The City of Chattanooga will provide training and education concerning this regulation to all CDL holders. Supervisors of CDL holders will receive training in the recognition of signs and symptoms of alcohol and drug abuse to assist them in making appropriate determinations for reasonable suspicion testing. RECORDS: Employee alcohol and drug testing results and records will be maintained in a secure location under strict confidentiality by the Division of Human Resources. REFERRAL: Employees who are determined to be engaged in misuse of alcohol or the use of controlled substances will be referred to a Substance Abuse Professional. SUBSTANCE INFORMATION: CDL employees can obtain additional information about this policy and assistance in helping to resolve problems associated with the misuse of alcohol and the use of controlled substances from the designated SAP. MISCELLANEOUS This policy is based upon federal regulations, and relevant portions thereof which were omitted from this policy are incorporated herein by reference. Although the policy is based upon federal regulations, the City of Chattanooga reserves the right to administer the policy in a more restrictive manner than established by such federal regulations. In particular, the policy may be applied to a broader class of "safety-sensitive" employees than required by such federal regulations. In the event federal regulations are changed to be more restrictive than this policy, the policy shall be deemed to be amended to the extent necessary to insure compliance therewith. This policy shall be effective as to drug and alcohol testing on January 1, 1995, but shall be otherwise effective as of the date of adoption. This policy supersedes previous policies adopted by the City of Chattanooga involving drug testing that are inconsistent herewith. ADOPTED: December 13, 1994 MAM:cjc 0C 0C 0C