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CC Resolution 9144 RESOLUTION NO. 9144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE ALCOHOL AND DRUG TESTING POLICY FOR SAFETY-SENSITIVE CLASSIFICATIONS WHEREAS, the Department of Transportation requires the implementation of an alcohol and drug testing program for employees required to maintain Commercial Driver's Licenses; and WHEREAS, the City Negotiating Committee representatives and Millmen and Industrial Carpenters, Local 262 representatives have concluded the meet and confer process with respect to bargaining all non-mandatory aspects of the alcohol and drug testing policy. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager to sign and implement the Alcohol and Drug Testing Policy for Safety-Sensitive Classifications. PASSED AND ADOPTED this 7th day of October, 1996, by the following roll call vote: AYES: Councilmembeffi: Burr, Conant, Watson, Furtado, Dougherty NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ATTEST: (~~ Anne Bybee, City Clerk CI TY OF CAMPBELL ADMINISTRATIVE POLICIES AND PROCEDURES SUBJECT: ALCOHOL AND DRUG TESTING PROGRAM DATE: 1017/96 FOR SAFETY -SENSITIVE CLASSIFICATIONS PER DEPT. OF TRANSPORTATION REGULATIONS PURPOSE The purpose of this policy and procedure is to implement the Omnibus Transportation Employee Testing Act of 1991 and to implement regulations promulgated by the Federal Highway Administration (FHW A) and the Department of Transportation (DOT). The DOT regulations require alcohol and drug testing of employees who perform safety-sensitive duties and for whom Class A, B, and Commercial C endorsed drivers licenses are required. The Commercial Motor Vehicle Safety Act of 1986 requires that operators of any vehicle with a Gross Vehicle Weight Rating (GVWR) of 26,001 or more pounds or a vehicle designed to transport 16 or more persons must have a Commercial Drivers License (Class B). The DOT and FHW A final regulations require all employers with employees who must possess a Commercial Drivers License to establish an alcohol and drug testing program. POLICY It is the policy of the City of Campbell to comply with the regulations of the Federal Highway Administration and the Department of Transportation. Adoption of this Policy is one of the City's obligations under the regulations. This Administrative Policy establishes the City's DOT Alcohol and Drug Testing Program for safety sensitive classifications (DOT Testing Program). Employees subject to these requirements must familiarize themselves with this Policy. Compliance with the provisions of this Policy is a condition of employment for employees who perform safety-sensitive functions. - 2 - SECTIONS OF ADMINISTRATIVE POLICY I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POLICY ...................... . . . . . . . . . . . DEFINITIONS ........................................ PROHIBITIONS ....................................... TRAINING .......................................... TyPES OF TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TESTING PROCEDURE .................................. REFUSAL TO SUBMIT TO TEST ............................ ALCOHOL TEST RESULTS GREATER THAN 0.02; LESS THAN 0.04 . . . . . CONSEQUENCES OF FAILING ALCOHOL AND/OR DRUG TEST. . . . . . . . DENIAL OF EMPLOYMENT ............................... DISCIPLINE/REHABILITATION ............................. USE OF ACCRUED LEAVE TIME ........................... RECORD RETENTION REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . RECORDS ACCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EMPLOYEE QUESTIONS ................................. CERTIFICATE OF RECEIPT ............................... I. DEFINITIONS A. Covered Employees Page 1 Page 1 PAGE 2 PAGE 4 PAGE 5 PAGE 6 PAGE 8 PAGE 9 PAGE 9 PAGE 10 PAGE 10 PAGE 11 PAGE 12 PAGE 12 PAGE 13 PAGE 13 PAGE 13 The DOT Testing Program applies to holders of Commercial Drivers Licenses who operate a commercial motor vehicle and perform "safety-sensitive" functions as described below. Classifications in the City that are covered by the DOT Testing Program are: Maintenance Worker I Maintenance Worker II Street Maintenance Leadworker Mechanic I Equipment Maintenance Supervisor Park Maintenance Worker I Park Maintenance Worker II Park Maintenance Leadworker Mechanic II Employees in the above classifications are expected to be immediately available to perform safety-sensitive functions. - 3 - I. DEFINITIONS (Cont.) B. Safety-Sensitive Functions The following are safety-sensitive functions: 1. Driving a vehicle with a gross combination weight of at least 26,001 pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds. 2. Driving a vehicle with a gross vehicle weight of at least 26,001 pounds. 3. Driving a vehicle designed to transport 16 or more passengers, including the driver. 4. Driving a vehicle used to transport those hazardous materials found in the Hazardous Materials Transportation Act, if the motor vehicle must be placarded under the Hazardous Materials Regulation located at 49CFR Part 172, Subpart F. 5. All time at a carrier or shipper, plant, terminal, facility, or other property, waiting to be dispatched, unless the driver has been relieved from duty by the employer. 6. All time inspecting equipment as required by the Federal Motor Carrier Safety Regulations (FMCSRs), or otherwise inspecting, servicing, or conditioning any commercial vehicle at any time. 7. All time spent at the driving controls of a commercial vehicle. 8. All time, other than driving time, spent on or in a commercial motor vehicle (except for time spent resting in the sleeper berth). 9. All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading and unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving and receiving receipts for shipments loaded or unloaded. 10. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 11. All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post accident, or follow-up testing required by this policy. - 4 - I. DEFINITIONS (Cont.) C. Medical Review Officer (MRO) The Medical Review Officer (MRO) is a licensed physician that evaluates the laboratory results generated by the DOT Testing Program and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his or her medical history and any other relevant biomedical information. D. Substance Abuse Professional (SAP) The Substance Abuse Professional (SAP) is an individual approved by the City who is a licensed physician, or a licensed or certified psychologist, social worker, certified employee assistance professional, or the equivalent. The SAP has specific knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance abuse-related disorders. ll. PROHIBITIONS The following conduct is prohibited: A. Reporting for duty or remaining on duty requiring the performance of safety- sensitive functions while having a blood-alcohol concentration level of 0.04 or greater. B. Performing a safety-sensitive function within four (4) hours of using alcohol. c. Being on duty or operating a vehicle described in "Definitions," Section B above, while possessing alcohol. D. Using alcohol while performing a safety-sensitive function. E. Reporting for duty or remaining on duty requiring the performance of safety- sensitive functions when the employee used or is under the influence of any controlled substances, except if 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 vehic1~. F. Reporting for duty or remaining on duty requiring the performance of safety- sensitive functions if the employee tests positive for controlled substances. - 5 - II. PROIllBITIONS (Cont.) G. Refusing to submit to any alcohol or controlled substances test required by this Policy and DOT regulations. Any covered employee who refuses to submit to a drug and/or alcohol test or who fails to cooperate in testing procedures shall be removed from safety-sensitive duty, and he/she may be subject to disciplinary action including dismissal. A refusal to submit to an alcohol or controlled substances test required by this Policy is defined as a covered employee who: a) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; b) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine tests; or c) engages in conduct that clearly obstructs the testing process. H. Consuming alcohol during the eight (8) hours immediately following an accident. ill. TRAINING A. Managers of covered employees will receive orientation training by the City's Authorized Agent reviewing the basic elements of the DOT Testing Program, including responsibilities and liabilities, and how it may affect operations. B. Supervisors of covered employees will receive training by the City's Authorized Agent regarding the basic elements of the DOT Testing Program, including responsibilities and liabilities, and how it affects their operations. In addition, to ensure that supervisors are trained to make reasonable suspicion determinations, supervisors vested with the authority to demand a reasonable suspicion drug and alcohol test will attend at least one (1) hour of training on controlled substance use and one (1) hour of training on the effects of alcohol use. The training will cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. The person making the decision that testing is warranted will not be the person conducting the testes). C. Covered employees will receive orientation, education and training from the City's Authorized Agent on the elempnts of the DOT Testing Program. Such training will comply with the law, and contain information about the regulations, the effects of drugs and alcohol, and the consequences of testing positive. - 6 - IV. TYPES OF TESTING A. Pre-employment Testing All applicants for classifications which are covered by the DOT regulations (see "Covered Employees" on Page 2), as well as all employees who transfer from classifications which are not covered to classifications which are covered, will be required to submit to pre-employment/post-offer drug testing. Applicants will be denied employment if they do not pass the drug test. B. Post-Accident Testing Controlled substance (drug) and alcohol testing will be conducted on employees following a vehicle accident involving a fatality, issuance of a citation for a moving violation, or disabling damage to the vehicle. A driver who is subject to post-accident testing must remain available or the employer may consider the driver to have refused to submit to testing. The driver subject to post-accident testing must refrain from consuming alcohol for eight (8) hours following the accident, or until he or she submits to an alcohol test, whichever comes first. Nothing in this Policy shall be construed as to require the delay of necessary medical attention for injured people following an accident, or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. Post-accident alcohol tests will be administered within two (2) hours following an accident and no test may be administered after eight (8) hours. A post-accident drug test will be conducted within thirty-two (32) hours following the accident. If a post-accident alcohol test is required and is not administered within two hours following the accident, the City shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If the alcohol test is not administered within eight (8) hours, the City shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. If a post-accident drug test is required and is not administered within thirty-two (32) hours following the accident, the City shall cease attempts to administer a drug test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered. - 7 - IV. TYPES OF TESTING (Cont.) C. Random Testing Random alcohol tests will be administered to a number equal to twenty-five percent (25 %) of the average number of covered employees per year. Random drug tests will be administered to a number equal to fifty percent (50 %) of the average number of covered employees per year. Some employees may be tested more than once a year, while others are not tested at all, depending on the random selection. An employee who is notified of random testing must proceed immediately to the test site. The percentage of random tests is subject to annual changes by directive from the FHWA. The City will select an Authorized Agent to provide computerized random selection services. Under the random selection process, each covered employee will have an equal chance of being tested each time selections are made. D. Reasonable Suspicion Testing Covered employees are also required to submit to an alcohol or drug test when a trained supervisor has a reasonable suspicion that the employee is under the influence of alcohol or controlled substances. The observation must be based on short-term indicators, such as blurry eyes, slurring of speech, or alcohol on the breath in the case of alcohol, and appearance, behavior, speech or body odors in the case of controlled substances. The supervisor may not rely on long-term signs, such as absenteeism or tardiness, to support the need for a reasonable suspicion test. The reasonable suspicion alcohol test will be administered within two (2) hours of the observation. If not, the City must provide written documentation as to why the test was not promptly conducted. No alcohol test may be administered after eight (8) hours following the observation. An employee may be returned to a safety-sensitive function twenty-four (24) hours after a reasonable suspicion determination has been made. Supervisors must prepare a signed written record of their observations within twenty-four (24) hours of the observation or before the test results are released, whichever is earlier. - 8 - IV. TYPES OF TESTING (Cont.) E. Return to Duty/Follow-up Testing A covered employee who has violated any of the prohibitions of this regulation must submit to: a return-to-duty test before he or she may be returned to performing safety-sensitive functions, an evaluation by a Substance Abuse Professional (SAP), and any assistance program recommended by the SAP. The return-to-duty test must show a negative result for controlled substances and an alcohol concentration of less than 0.02. Federal law requires that at least six follow-up tests be conducted in the first twelve (12) months following the employee's return to duty. However, the SAP may terminate the follow-up testing anytime after the first six tests have been administered if he or she determines that the testing is no longer necessary. In addition, because studies have shown that the relapse rate is highest during the first year of recovery, the employee will be subject to follow-up testing which is separate from the random testing obligation. The employee will be subject to a number of unannounced drug-alcohol tests during the first year back to the safety-sensitive position following the violation, as determined necessary by the Substance Abuse Professional. Upon the advice of the Substance Abuse Professional, the City may require additional follow-up testing for a period not to exceed sixty (60) months from the date of the employee's return to duty. v. TESTING PROCEDURE A. Alcohol Testing Alcohol testing will be conducted by using an evidential breath testing device (EBT) approved by the National Highway Traffic Safety Administration. A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test will be considered a negative test. If the alcohol concentration level is 0.02 or more, a confirmation test will be conducted. B. Drug Testing All drug testing procedures will be in accordance with applicable federal regulations. Specific procedures to be used by the City-selected laboratory will be on file with the Personnel Department. Lab procedures will include the following: 1. The urine specimen will be split into two bottles labeled as "primary" and "split" specimen. Both bottles will be sent to the lab. - 9 - V. TESTING PROCEDURE--Drug Testing (Cont.) 2. If the urinalysis of the primary specimen tests positive for the presence of illegal, controlled substances, the employee has seventy-two (72) hours to request that the MRO request in writing that the split specimen be analyzed by a different certified lab. The City is not required to pay for the cost of the split test. However, if the split test yields a negative result, the City will reimburse the employee for the cost of the split test. 3. The urine sample will be tested for the following: marijuana, cocaine, opiates, amphetamines, and phencyclidine. 4. If the test is positive for one or more of the drugs, a confirmation test will be performed using gas chromatography/mass spectrometry analysis. 5. All drug tests will be reviewed and interpreted by the MRO before they are reported to the employee and then to the City. 6. With all positive drug tests, the Medical Review Officer will contact the employee to determine if there is an alternative medical explanation for the positive test result. If documentation is provided and the MRO determines that there was a legitimate medical use for the prohibited drug, the test result is reported to the City as "negative." The MRO may verify a test as positive without having communicated directly with the employee about the test in three circumstances: a. The employee expressly declines the opportunity to discuss the test. b. Neither the MRO nor the designated employer representative, after making all reasonable efforts, has been able to contact the employee within 14 days of the date on which the MRO received the confirmed positive test result from the laboratory. c. The designated employer representative was able to contact the employee and instructed the employee to contact the MRO, and more than five days have passed since the date the employee was contacted by the employer representative. VI. REFUSAL TO SUBMIT TO AN ALCOHOL AND/OR DRUG TEST Any covered employee who refuses to submit to a drug and/or alcohol test or who fails to cooperate in testing procedures shall be removed from safety-sensitive duty, be referred to a substance abuse professional, and he/she may be subject to disciplinary action including dismissal. - 10 - VD. CONSEQUENCES OF ALCOHOL TEST RESULTS FOUND TO HAVE ALCOHOL CONCENTRA TION LEVELS OF 0.02 OR GREATER, BUT LESS THAN 0.04 Covered employees who are found to have an alcohol concentration of 0.02 or greater but less than 0.04 following the second confirmation test shall be relieved from all duty until the start of the employee's next regularly scheduled duty period, but not less than twenty-four (24) hours following administration of the test. No action shall be taken against the employee based solely on test results showing an alcohol concentration of less than 0.04. However, the second or subsequent instance of being relieved from duty because of an alcohol test may subject the employee to disciplinary action. Vlli. CONSEQUENCES OF FAILING AN ALCOHOL AND/OR DRUG TEST A positive result from a drug or alcohol test may result in disciplinary action up to and including dismissal. In and of itself, a first-time positive random alcohol test result shall not be cause for dismissal. While disciplinary action will be determined on a case-by-case basis, in general, it is not the City's intent that in and of itself a first-time positive random drug test would be cause for dismissal. Nothing in this Policy shall preclude the use of a positive result from a drug or alcohol test in a Performance Evaluation or as the basis to deny a merit salary increase. A positive result from a drug or alcohol test will result in the following. The employee: A. Must be immediately removed from all duty until evaluated by a Substance Abuse Professional, and an appropriate assistance program has been determined. B. Must submit to an evaluation by a Substance Abuse Professional. Upon a determination by the Substance Abuse Professional, the employee must complete the appropriate assistance program, including treatment of his or her alcohol or drug abuse. The City is not required to pay for this treatment; however, eligible employees may receive treatment through the employee's health insurance plan. C. Will be required to submit to unannounced follow-up testing after he or she has been returned to his or her safety-sensitive position (see "Types of Testing," Section E above). IX. DENIAL OF EMPLOYMENT A. Any applicant for City employment who tampers, alters, substitutes, adulterates, destroys, attempts to falsify or falsifies any controlled substance sample, specimen, document, report or memorandum pertinent to a drug test will be denied employment. B. Any applicant who interferes with or attempts to interfere with procedures, equipment or personnel in the course of collecting controlled substance specimens will be denied employment. C. Any applicant who refuses to submit to drug testing will be denied employment. D. Any applicant who fails his/her pre-employment drug test will be denied employment. - 11 - x. DISCIPLINE/REHABILIT A TION A. Procedures for processing disciplinary action as a result of this policy will conform to City Personnel Rules and Regulations, applicable Memoranda of Understanding, or other relevant rules or policies, and will include the right of representation during the process. B. Any employee who tampers, alters, substitutes, adulterates, destroys, attempts to falsify or falsifies any alcohol or controlled substance sample or specimen, document, report or memorandum pertinent to a drug or alcohol test will be subject to discipline up to and including dismissal. C. Any employee who interferes with or attempts to interfere with the procedures, equipment or personnel in the course of collecting controlled substance specimens or alcohol testing samples will be subject to discipline up to and including dismissal. D. Any employee who refuses to submit to testing will be subject to discipline up to and including dismissal. E. If a post accident or reasonable suspicion alcohol or any drug test results in a verified positive result, an employee may be offered rehabilitation on a one-time basis provided all of the following conditions are met: 1) the employee agrees in writing to enter and successfully complete the treatment program specified by a Substance Abuse Professional. The City is not required to pay for the rehabilitation program; however, eligible employees may utilize their health insurance plan; 2) the employee attains a verified return-to-work negative test for alcohol and/or controlled substances; 3) the employee agrees in writing to be subject to unannounced, frequent follow-up testing as prescribed by the SAP. The offer of rehabilitation will not limit the City's ability to discipline the covered employee. The severity of discipline will depend upon the extent of the violations of the City's rules, policies and procedures. If a random alcohol test results in a first-time positive result, an employee shall be offered rehabilitation on a one-time basis provided all the following conditions are met: 1) the employee agrees in writing to enter and successfully complete the treatment program specified by a Substance Abuse Professional. The City is not required to pay for the rehabilitation program; however, eligible employees may utilize their health insurance plan; 2) the employee attains a verified return-to-work negative test for alcohol; 3) the employee agrees in writing to be subject to unannounced, frequent follow-up testing as prescribed by the SAP. The offer of rehabilitation will not limit the City's ability to discipline the covered employee. The severity of discipline will dcl'end upon the extent of the violations of the City's rules, policies and procedures. - 12 - X. DISCIPLINE/REHABILIT A TION (Cont.) F. An employee who fails to or refuses to successfully complete the treatment program prescribed by the Substance Abuse Professional will be dismissed. G. An employee testing positive for alcohol and/or controlled substances within five (5) years from the date of the first positive alcohol and/or controlled substances test result will be dismissed. H. Any employee in violation of any other provisions of this policy not included in this section will be subject to discipline up to and including dismissal. XI. USE OF ACCRUED LEAVE TIME Notwithstanding disciplinary action imposed in relation to violation of this Policy, an employee who is prohibited from returning to duty as a result of testing positive under this program may use his/her accrued leave time, in accordance with City Personnel Rules and Regulations requirements. xu. RECORD RETENTION REQUIREMENTS In compliance with the record retention requirements under the Omnibus Transportation Employee Testing Act of 1991, the City and/or its Authorized Agent will maintain records of this program in a secure location with controlled access. Records of positive results, documentation of refusals to take a test, calibration documentation for breath-testing devices, and driver evaluation and referrals shall be maintained for five years in accordance with federal law. The City's Authorized Agent shall generate an annual calendar year summary of these results of the program, which will also be retained for five years. Records relating to alcohol and controlled substances collecting process and training, including collection logbooks, documents relating to the random selection process, documents relating to reasonable suspicion tests, post-accident tests, compliance and evaluations shall be maintained for a minimum of two years. Records of negative test results will be maintained for a minimum of one year. - 13 - Xill. RECORDS ACCESS Covered employees are entitled, upon written request to the Personnel Manager, to obtain copies of any records pertaining to the employee's use of alcohol and/or controlled substances, including any records pertaining to his or her alcohol and/or controlled substances tests. Copies of information in these records shall not be otherwise released to any other person except as follows: A. To staff of the City who require access to these records to comply with the requirements of federal law and this program. B. To federal, state, or local officials with regulatory authority over the City of any of its covered employees. C. To a subsequent employer upon receipt of a written request provided by a covered employee, but only as expressly authorized by the terms of the employee's request. D. To a decision-maker in connection with a lawsuit, grievance, or other proceedings initiated by or on behalf of the individual, and arising from the results of an alcohol and/or controlled substances test administered under this program, or from the City's determination that the covered employee engaged in conduct prohibited by this Administrative Policy. E. To a person identified by the covered employee in accordance with the terms of the employee's written consent authorizing such release. XIV. EMPLOYEE QUESTIONS Employee with any questions regarding their rights and obligations with respect to the DOT Testing Program or this Administrative Policy should contact the Personnel Manager. XV. CERTIFICA TE OF RECEIPT OF ADMINISTRATIVE POLICY In compliance with FHW A and DOT regulations, each employee subject to the DOT Testing Program will receive a copy of this Policy and verify receipt by signing a Certificate of Receipt. Barbara Lee, Interim City Manager J :\DOC\DRUGTEST