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Alcohol and Drug Testing for CDL Drivers (PER-9, Rev. 3) 0 OA CITY OF DELRAY BEACH = ADMINISTRATIVE POLICIES AND PROCEDURES 0 r4 p 3V DEPARTMENT: Human Resources POLICY NUMBER: PER-9 SUBJECT: Alcohol and Drug Testing for SUPERSEDES: PER-9 Rev. 2 CDL Drivers REVISION: EFFECTIVE DATE: poAPPROVED BY: errence R. Moore, ICMA-C , t Manager PURPOSE The purpose of this policy is to establish a conforming program compliant with the Federal Omnibus Transportation Employee Testing Act of 1991 for Commercial Motor Vehicle Drivers. Under this Act, the City of Delray Beach will be required to conduct pre-employment, reasonable suspicion, random, post- accident, and return-to-duty alcohol and controlled substances testing of individuals who perform safety- sensitive functions as it relates to transportation.A safety-sensitive function has been defined by Congress to include commercial motor vehicle operations where employees are required to hold a Commercial Driver's License (CDL). DEFINITIONS Accident: An occurrence associated with the operation of a vehicle in which • An individual dies; • An individual suffers a bodily injury and immediately receives medical treatment, away from the scene of the accident, or • A vehicle involved in the accident is transported away from the scene by a tow truck or other vehicle. Controlled Substances: • An illegal drug, including but not limited to, THC (marijuana), cocaine, PCP (phencyclidine), opiates and amphetamines. • Beverages containing alcohol or any substances including medication or food that would cause alcohol to be present in the body while performing City business. • A controlled substance is also defined in Section 893.03, Florida Statutes, as a drug not possessed or taken pursuant to a lawful prescription. On-Duty: Time during which an employee is scheduled to works, including lunch periods and breaks when an employee is scheduled to return to work, and periods during which the employee is available to work, such as when on-call. For employees performing safety sensitive functions, alcohol prohibitions also extend to the four(4) hours before performing a safety sensitive function, and the eight (8) hours following an accident that requires testing. Alcohol and Drug Testing for Commercial Motor Vehicles PER-9 Rev. 3 Page 2 of 8 Safety Sensitive Functions: Those duties requiring operation of any vehicle with a gross vehicle weight rating of 26,001 or more pounds, or operates a vehicle that is designed to transport 16 or more(including the driver) passengers, or is of any size and is used in the transportation of material found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (Code of Federal Regulations - Title 49 C.F.R. part 172.) A list of safety sensitive positions is attached. POLICY It is the policy of the City of Delray Beach to: 1. Assure that employees are not impaired in their ability to perform assigned duties in a safe and productive manner. 2. Create a workplace environment free from the adverse effects of drug and alcohol use or misuse. 3. Prohibit the use, possession, solicitation, sale or disbursement of controlled substances while employed by the City of Delray Beach. 4. Encourage and provide employees professional assistance any time personal problems, including alcohol or drug dependency, adversely affect their ability to work. A. SCOPE The scope of this policy is limited to those employees required to hold a commercial driver's license and operate a "commercial motor vehicle". A commercial motor vehicle includes any motor vehicle used to transport passengers or property if the vehicle has: • gross vehicle weight rating of 26,001 or more pounds, • has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds • operates a vehicle that is designed to transport 16 or more (including the driver) passengers; or, • is of any size and is used in the transportation of material found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations. This policy parallels the Comprehensive Drug and Alcohol Abuse Policy, Administrative Policies and Procedures, PER-12, and in some cases may overlap. However due to specific record keeping requirements and provisions of the Omnibus Act it will be operated independently unless otherwise indicated. Note: The State of Florida recognizes the restricted use CDL option waiver, and as such, exempts firefighters, and operators of emergency equipment from participation in this program. B. PROHIBITED CONDUCT 1. The use, possession, solicitation, sale or disbursement of non-prescription drugs and alcohol, or prescription drugs without a lawful prescription, on City premises, in city vehicles, or while on city business. 2. Reporting for duty or remaining on duty under the influence or impaired by use of drugs or alcohol. Alcohol and Drug Testing for Commercial Motor Vehicles PER-9 Rev. 3 Page 3 of 8 3. Performing safety sensitive functions with a blood alcohol concentration of 0.04 or greater. 4. Using alcohol during the four hours before performing a safety sensitive function. 5. Using alcohol during the eight hours following an accident, or before taking a required post-accident test. 6. Refusing to comply with a request for testing, providing false information related to a test, attempting to falsify test results through tampering, contamination, adulteration or substitution. Refusal includes being unable to provide a specimen or breath sample without a valid medical explanation, a verbal declaration, obstructive behavior, or physical absence, such as leaving the scene of an accident, resulting in the inability to conduct the test. Employees who violate these prohibitions will be subject to disciplinary action up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. C. TESTING REQUIREMENTS All employees who perform safety sensitive functions will be subject to urine drug testing and breath alcohol testing. The list of City positions that require a CDL and are considered safety sensitive is maintained by Human Resources. The costs of testing will be paid by the City, except as noted. Testing shall be conducted in a way that assures a high degree of confidentiality, accuracy and reliability and using techniques, equipment and laboratory facilities approved by the U.S. Department of Health and Human Services. All testing will be conducted according to the requirements of the Code of Federal Regulations - Title 49, Part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs." Drug testing will be for THC (marijuana), cocaine, PCP (phencyclidine), opiates and amphetamines. An initial immunoassay screen to eliminate negative urine specimens from further consideration will be conducted on each specimen. The split sample method of collection is used in which the sample is divided into two containers, the primary specimen and the split specimen. If the test result of the primary specimen is positive, a confirmation test will be done. This is a second analytical procedure using a different technique from the first, Gas Chromatography/Mass Spectrometry. Alcohol testing will be conducted using an evidential breath testing device. If the initial test indicates an alcohol concentration of 0.02 but less than 0.04, they will not be in violation of the prohibitions of the Omnibus Testing Act, but they will not be allowed to perform safety sensitive functions until 24 hours following the test. In such cases, employees will be sent home and required to use sick or vacation leave, or be on leave without pay. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and proper procedures will be follow, in addition to consequences up to and including termination. The actual testing of covered City employees will be performed by a contracted third party professional. Personnel performing the test will be certified as required by Code of Federal Regulations - Title 49, Part 40 "Procedures for Transportation Workplace Drug and Alcohol Testing Programs."All positive test results will be confirmed as required by law. The individual, as well as the City's MRO Contact, will be notified of any confirmed positive results by the Medical Review Officer (MRO). A MRO is a licensed physician responsible for receiving laboratory results generated by an employer's drug testing program. PROCEDURE A. TESTING Alcohol and Drug Testing for Commercial Motor Vehicles PER-9 Rev. 3 Page 4 of 8 1. Pre-employment Testing Prior to the first time an applicant or employee (in the case of promotion, transfer, etc.) performs a safety-sensitive function they shall undergo urine drug and breath alcohol testing. Receipt of negative test results is required and failure of a test will disqualify an applicant for employment. 2. Reasonable Suspicion Testing Safety-sensitive employees will be subject to testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. A supervisor's reasonable suspicion must be based upon their observation and that of a corroborating witness whenever reasonably possible and reported in writing to the Department Head or his/her designee. The form in Appendix 1 "Supervisor Documentation of Observed Behavior" will be used for this purpose and each witness will sign and submit his or her own form. A copy of this documentation shall be given to the employee prior to testing. The written document shall include the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant testing. Based on reasonable suspicion, the supervisor shall immediately stop the employee's performance of safety sensitive functions and inform the employee of the suspicion. The supervisor will arrange transportation for the employee to the testing site. After the testing is completed, the employee shall be transported to their place of residence. The employee shall be placed on administrative leave with pay until the test results are reported. If the results of the testing are positive, the employee will be required to reimburse the leave time, utilizing available sick or vacation time and further consequential actions up to and including termination will be taken. 3. Post-Accident Testing A post-accident test may need to be done if the accident occurs while the employee is performing a safety-sensitive function. The employee must be tested if the accident results in a fatality or the employee received a citation under state or local law for a moving traffic violation arising from the accident. The City of Delray Beach retains the right to require a test after an accident should they find probable cause. If testing is required, it is the responsibility of the supervisor to arrange for testing as soon as possible, within 2 hours but not to exceed 8 hours for alcohol testing and 32 hours for the drug testing. If an alcohol test is not done within 2 hours, the supervisor must document why the test was not done. If testing is not done within 8 hours, the supervisor shall cease attempts to test and document again why testing was not done. If drug testing is not done within 32 hours, attempts to test must cease and documentation be prepared. A safety-sensitive employee involved in an accident requiring testing must refrain from alcohol use for 8 hours following the accident or until taking the test.Any employee who leaves the scene of an accident without justifiable explanation prior to submission to drug and alcohol testing will be considered to have refused the test. 4. Random Testing Random alcohol testing shall be administered at a minimum annual rate of 25% of the average number of safety-sensitive positions. Random drug testing shall be administered at a minimum annual rate of 50% of the average number of safety-sensitive positions. Human Resources maintains the list of safety sensitive positions. Alcohol and Drug Testing for Commercial Motor Vehicles PER-9 Rev. 3 Page 5 of 8 Testing will be unannounced and testing dates will be spread reasonably throughout the calendar year. A computer-based random number generator matched to employees' identification number will be used for selection. Each employee shall have an equal chance of being tested each time selections are made. Human Resources will notify departments of selected employees to be tested. Departments are responsible for seeing that employees are immediately relieved of any safety sensitive functions and immediately sent or taken to the test site. If a selected employee is on leave, the testing will be postponed until the employee returns. 5. Return to Duty Testing The employee will not be permitted to perform safety-sensitive duties until he/she has seen a Substance Abuse Professional (SAP) and successfully completed the return-to-duty process, which includes a Federal return-to-duty drug and/or alcohol test. Working in a safety-sensitive position before successfully completing the return-to-duty process is a violation of the regulations. B. CONSEQUENCES OF A POSITIVE TEST RESULT 1. Reporting Positive Results The Medical Review Officer (MRO) shall report the positive results of testing to the individual and the Human Resources Department MRO contact. Before verifying and reporting a positive result, the MRO shall make a reasonable effort to contact the employee. The employee can confidentially discuss the test results with the MRO and offer any information that could explain the test result, such as medicines which the employee is taking. Employees will have 72 hours from being contacted to request a test at another certified laboratory of the split sample specimen previously taken. All cost for split sample testing is paid by the employee. However, if the second test is negative and invalidates the original test, the City will reimburse the employee for the split sample test costs. 2. Referral to the Employee Assistance Program Any employee who tests positive for drugs or alcohol will not be allowed to perform safety sensitive functions. The employee will be referred to the Employee Assistance Program (EAP) and a Substance Abuse Professional for evaluation to determine what assistance, if any,the employee needs in resolving problems associated with the substance abuse. Probationary employees whose blood or urine is found to contain illegal drugs, or who have been found to have used or been under the influence of drugs or alcohol while on duty, shall be terminated. Non-probationary employees shall not be discharged or disciplined based solely on the first positive confirmed drug/alcohol test resulting from random testing only; provided, however, such employee shall first be given an opportunity to participate in, at the employee's own expense or pursuant to coverage under a health insurance plan, an employee assistance program or an alcohol and drug rehabilitation program which shall be monitored by the Employee Assistance Program, a Substance Abuse Professional or an alcohol and drug rehabilitation program which shall be monitored by the Employee Assistance Program. Employees will be allowed to take sick and vacation leave to participate in a prescribed program. Alcohol and Drug Testing for Commercial Motor Vehicles PER-9 Rev. 3 Page 6 of 8 Employees will have only one opportunity for rehabilitation. Any positive tests for drugs or alcohol at any time in the future will result in termination. The employee may then be discharged if the employee either refuses to participate in the employee assistance program or the alcohol and drug rehabilitation program, having initiated the participation within 30 calendar days of the positive drug test; or fails to successfully complete such program as evidenced by withdrawal from the program before its completion; or a report from the program indicates unsatisfactory compliance; or by a positive test result on a confirmation test after completion of the program. Evaluation by EAP does not shield an employee from disciplinary action under the Human Resources Policy Manual or Union contract or guarantee employment or reinstatement. If a safety sensitive employee is allowed to return to duty, they must agree to a contract that includes a release to work statement from EAP, a negative test for drug and/or alcohol, an agreement to a minimum of four(4) unannounced follow- up tests for one year, a statement of expected work-related behaviors and an agreement to follow specified after-care requirements. This agreement is attached in Appendix 2, Employee Rehabilitation Agreement. Any violation of the contract will be grounds for termination. PER 9.8 RECORDS RETENTION All records of alcohol and drug testing results, documentation of refusals to submit to testing, reasonable suspicion and post-accident testing, employee evaluation and referrals, and training shall be maintained by the Human Resources Department. Records relating to agreements with collection site facilities, policy and procedures, and reports of statistical summaries of test results will be maintained by the Human Resources Department. L Alcohol and Drug Testing for Commercial Motor Vehicles PER-9 Rev. 3 Page 7 of 8 Appendix 1 SUPERVISOR DOCUMENTATION OF OBSERVED BEHAVIOR EMPLOYEE NAME DATE TIME OF OBSERVATION: FROM TO: DESCRIPTION OF EVENTS REQUEST REASONABLE SUSPICION TEST FOR: DRUGS ALCOHOL BOTH CIRCLE ALL THAT APPLY. PROVIDE COMMENTS, USE REVERSE AS NEEDED OBSERVATION COMMENTS 1. Odor of Alcohol? YES NO 2. Speech Incoherent Confused Slurred Whispering Silent Shouting 3. Balance Swaying Staggering Uncoordinated 4. Walking Stumbling Swaying Arms Raised Reaching for support 5. Standing Feet wide apart Sagging at knees Rigid 6. Eyes Blood shot Closed Dilated pupils Pinned pupils Droopy Glassy Watery 7. Face Flushed Pale Sweaty 8. Demeanor Crying Angry Excited Combative Fearful 9. Awareness Confused Sleepy Paranoid 10. Other WITNESS NAME WITNESS SIGNATURE DATE TIME ORIGINAL: HUMAN RESOURCES COPY: EMPLOYEE DEPARTMENT HEAD Alcohol and Drug Testing for Commercial Motor Vehicles PER-9 Rev. 3 Page 8 of 8 Appendix 2 EMPLOYEE REHABILITATION AGREEMENT This agreement is entered into on this day of , 20 between employee and the City of Delray Beach in accordance with PER-9, Alcohol and Drug Testing for Commercial Motor Vehicle Drivers (CDL) As a condition of my continued employment with the City of Delray Beach, I agree to the following as a result of a positive test for alcohol and/or drugs: 1. I agree to enter and successfully complete any and all rehabilitation programs designed for me by the City of Delray Beach Employee Assistance Program (EAP) Administrator, and/or a Substance Abuse Professional. 2. I agree to comply with a minimum of four unannounced follow-up drug and alcohol testing at the City's discretion for a period of one year from the date of this agreement. I understand that in the event I test positive for alcohol or drugs my employment shall be terminated. 3. I understand that this is my one and only opportunity for rehabilitation. I agree that if I test positive for drugs or alcohol at any time in the future, my employment with the City will be terminated 4. I agree to satisfactorily perform my duties as a as further described in my job description, which is attached to this agreement. 5. I authorize the exchange of information between my treatment provider and the City's Human Resources Director or his/her designee. 6. I agree and understand that in the event that I fail to comply with any of the above stated conditions, my employment with the City of Delray Beach will be terminated. 7. I understand that this agreement shall not be construed as relieving me of any duty, obligation, or condition of employment with the City of Delray Beach. 8. I have had the opportunity to read the above conditions, understand the above conditions, and consent to this agreement as a condition of my continuing employment with the City of Delray Beach. Employee Name Employee Signature Date Human Resources Name Human Resources Signature Date STATE OF FLORIDA COUNTY OF PALM BEACH Subscribed and duly sworn to before me by the above name applicant, this day of AD 20 in the City of Delray Beach, County of Palm Beach, and State of Florida. My commission expires: Notary Public