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HomeMy WebLinkAbout20070521 - VI-123 'a« ~i ~, ~ , r, ., i ;:,~~ r 112 Memorandum To: Mayor Hicks and City Councilmembers From: Melanie Mesko Lee, Assistant City Administrator Re: Revised TRAC Drug >~ Alcohol Testing Policy Date: May 17, 2007 Council Action Requested Approve the attached revised FTA drug and alcohol testing policy for TRAC system. Background Information Earlier this year, the FTA announced that the random drug testing rate for transit operations was reduced from 50% to 25%. The random alcohol testing rate remains at 10% for 2007. Our current TRAC policy, which is reviewed annually as part of our budget and management plan process, references the previous federal minimum rate of 50% for drug testing. MnDOT requires that an amended policy be on file approving these changes. The reduction of the random testing rate is positive information, as it indicates that there has been a significant period of time where, nationwide, transit employees have had high rates of compliance with testing policies. The City of Hastings has not had a positive drug test result for any transit drivers. If approved, a copy of the policy will be forwarded to each TRAC driver for review and signature of acknowledgment. If you have any questions about this memo, please do not hesitate to contact me ;.'tY nt HaSti!'~?5 * iraz FL~u~tn ~•ireeC Es* • HdSt^(;r-. rJIN z;5~,"'9~1~5`"_; + L E;'~'1•gg~•Z:i~•i) . i:$+~1~4:ir-4J~ • ww•w•t, ha=aiiq; ^tt~..~' CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 05- -07 A RESOLUTION ADOPTING THE DRUG AND ALCOHOL TESTING POLICY FOR FTA TRANSIT, SAFETY SENSITIVE EMPLOYEES WHEREAS, the Federal Transit Administration promulgates rules and regulations regarding drug and alcohol testing standards for eligible safety sensitive transit employees; and WHEREAS, the Hastings TRAC service is an eligible transit entity which is required to comply with FTA rules regarding drug and alcohol testing standards; and WHEREAS, in 2007, the FTA has announced that the rate of random drug testing will decrease from 50% to 25% NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota, that the existing FTA transit drug and alcohol testing policy as reviewed and adopted by the City of Hastings on an annual basis hereby be amended to comply with FTA-stated random drug testing rate of 25%, a decrease from their previous rate of 50%. Adopted his 21st day of March, 2007 Ayes: Nays: Absent: Paul J. Hicks, Mayor Attest: Melanie Mesko Lee, City Clerk CITY OF HASTINGS TRANSIT PROGRAM U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION (FTA) DRUG-FREE WORKPLACE POLICY 2007 City of Hastings Drug Testing Policy-TRAC Page 1 of 17 INTRODUCTION & OVERVIEW The U.S. Department of Transportation (DOT) and the Federal Transit Administration (FTA), an agency within the DOT, have issued regulations (49 CFR, Parts 40 & 655, hereinafter referred to as "DOT regulations") which govern the use of drugs and alcohol by transit employees. The FTA requires employers that receive financial assistance from the FTA for transit services, and contractors of such employers, conduct drug and alcohol testing at the times and under the conditions described in this policy. The regulations apply to every covered employee, including an applicant or transferee, who performs a "safety sensitive" function as defined herein and to all employers who are recipients or subrecipients of funding under 49 U.S.C. §§5307, 5309, or 5311, as amended or 23 U.S.C. §103(e)(4). Please direct all questions regarding this policy to Melanie Mesko Lee, Assistant City Administrator, Hastings Transit System's Designated Employer Representative (DER). APPLICABILITY The City of Hastings has adopted Section 3.75 -Drug and Alcohol Testing Policy, as part of the City's personnel policy. Where sections of this policy conflict with Section 3.75, the provisions of this policy shall be in effect for City of Hastings employees performing safety-sensitive work as defined by 49 CFR Part 655. Where this policy may be silent, refer to the City of Hastings' Personnel Policy Sections 3.70 and 3.75 for ramifications of policy violations. PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect employees, passengers, and the public from the risks posed by the misuse of alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable Federal regulations governing drug and alcohol testing programs in the transit industry. Redrafting will not be necessary in order to reflect and be in compliance with DOT regulations. The City of Hastings reserves the right to apply the amended requirements immediately, without giving prior notice to covered employees and/or applicant or other persons covered by City policy, unless the DOT or other applicable law requires such notice. The goal of the City of Hastings' policy and the testing of covered employees is to ensure a drug and alcohol free transportation and work environment, to reduce and eliminate drug and alcohol related accidents, injuries, fatalities, and damage to City property. For the purpose of this policy, any employee performing under the definitions described below will be referred to as "covered employee." CRITERIA FOR EMPLOYEES SUBJECT TO TESTING Under the City of Hastings Drug and Alcohol Testing Policy and DOT regulations, a covered employee is a person, including an applicant or transferee, or an employee of a contractor who performs or will perform a "safety sensitive" function for a recipient or Subrecipient of FTA funding. All such covered employees are subject to the DOT drug and alcohol regulations. All applicants for position as a covered employee will be notified of the City's Drug-Free Workplace Policy (DFWP) at the time they apply for the position. 2007 City of Hastings Drug Testing Policy-TRAC Page 2 of 17 DEFINITION OF "SAFETY SENSITIVE" For the purpose of this policy and the City's drug and alcohol testing policy, employees of recipients, sub-recipients, operators or contractors who perform the following safety-sensitive duties are subject to drug and alcohol testing and the terms and conditions of this policy: / Operating a revenue service vehicle, including when not in revenue service. / Operating anon-revenue service vehicle, when required to be operated by a holder of a Commercial Drivers License (CDL); / Controlling dispatch or movement of a revenue service vehicle; / Maintaining (including repairs, overhaul, and rebuilding) a revenue service vehicle or equipment used in revenue service / Carrying a firearm for security purposes. A covered employee is considered to be performing a safety sensitive function (and subject to drug and/or alcohol testing) during any period s/he is actually performing, ready to perform, or immediately available to perform such duties. DEFINITIONS Drug: Drugs prohibited in this policy mean a controlled substance, as defined in Schedules 1-V of Section 202 of the Controlled Substances Act, 21 U.S.C. §812. The term includes prescribed drugs not legally obtained, prescribed drugs not being used for prescribed purposes, and any prescribed drugs not taken in accordance with a prescription. In other words, medications prescribed for someone other than the covered employee will be considered unlawfully used under any circumstances. Pursuant to DOT regulations, all DOT-required drug tests must test for the following substances identified in 49 CFR §10.85: marijuana, cocaine, amphetamines, opiates, (e.g. opium, heroin, morphine, codeine} and phencyclidine (i.e. PCP or "angel dust"). The City of Hastings reserves its independent authority and discretion to prohibit and test for other drugs, within the limits of applicable state law. Confirmation Test: Alcohol: A second test, following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration. DrugS:A second analytical procedure to identify and quantify the presence of a specific drug or metabolite that is independent of the screening test. Contractor: A person or organization that provides asafety-sensitive service for the recipient, sub-recipient, employer, or operator consistent with a specific understanding or arrangement. The understanding can be a written contract or an informal arrangement that reflects and ongoing relationship between the parties. Providers of such services (e.g. maintenance service) on an ad hoc or one-time basis are specifically excluded by the FTA and are not required to comply with the testing requirements. Covered Employee: Any employee, including an applicant or transferee, who performs or will perform asafety-sensitive function for an entity that receives federal financial assistance under 49 U.S.C. §§ 5307, 5309, or 5311, as amended, or 23 U.S.C. §103(e)(4). A volunteer is a covered employee if: a. The volunteer is required to hold a Commercial Drivers License (CDL) to operate the vehicle; or 2007 City of Hastings Drug Testing Policy-TRAC Page 3 of 17 b. The volunteer performs asafety-sensitive function for an entity subject to Part 655 and receives renumeration in excess of his or her actual expenses incurred while engaged in the volunteer activity. DISABLING DAMAGE. Damage that precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Includes: a. Damage to a motor vehicle that could have been operated but would have been further damaged if so operated. Excludes: a. Damage which can be remedied temporarily at the scene of the occurrence without special tools or parts; b. Tire disablement without other damage (even if no spare tire is available); c. Headlight or taillight damage; d. Damage to turn signals, horn, mirrors, or windshield wipers which make them inoperative. REFUSAL TO SUBMIT: A refusal to submit to a required drug and/or alcohol test (also "refusal to test") means any circumstance outlined in 49 CFR §§ 40.191 and 40.261, including circumstances in which a covered employee: a. Fails to appear for any test (except apre-employment test) within reasonable time, as determined by the City of Hastings, consistent with applicable DOT-agency regulations, after being directed to do so by the City of Hastings. This includes the failure of an employee (including an owner/operator) to appear for a test when called by the City of Hastings' Consortium/Third Party Administrator (C/TPA); b. Fails to remain at the testing site until the testing process is complete; c. Fails to provide a urine specimen for any drug test, or fails to provide an adequate amount of saliva or breath for any alcohol test, required by Part 655 or other DOT- agency regulations. d. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the covered employee's provision of a specimen. e. Fails to provide a sufficient amount of urine, saliva or breath when directed, and/or, with respect to urine or breath, it has been determined through a required medical evaluation that there was no adequate medical explanation for the failure; f. Fails or declines to take a second test the City of Hastings or collector has directed the covered employee to take (see 49 CFR §40.197(b)); g. Fails to undergo a medical examination or evaluation as directed by the MRO as part of the verification process, as directed by the DER pursuant to 49 CFR §40.193, or as directed by the City of Hastings as part of the insufficient breath procedures pursuant to 49 CFR §40.265 ©; h. Fails to sign the certificate at Step 2 of the ATF; i. Fails to cooperate with any part of the testing process (e.g. refuse to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process); or j. Is reported by the MRO as having a verified adulterated or substituted test result. Any covered employee who refuses to submit to a required drug and/or alcohol test or otherwise fails to cooperate with any part of the testing process is in violation of this policy. Any covered employee who refuses such a test will be subject to the consequences described in the 2007 City of Hastings Drug Testing Policy-TRAC Page 4 of 17 "Consequences for Policy Violations" section, including but not limited to removal from safety- sensitive functions. TESTS REQUIRED: In general, DOT regulations require the City of Hastings conduct, and covered employees submit to drug andlor alcohol tests at the following times and under the following conditions. 4. EDUCATION AND TRAINING Every covered employee will receive a copy of this policy and will have access to the corresponding federal regulations, including 49 CFR Parts 40 and 655. The educational component shall include display and distribution to every covered employee of informational material and a telephone number for the City's employee assistance program. In addition, all covered employees will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and consequences of drug use on personal health, safety, and the work environment. The training includes manifestations and behavioral cues that may indicate prohibited drug use. All supervisory personnel or City officials who are in a position to make reasonable suspicion determinations will receive at least 60 minutes of training on the physical, behavioral, and performance indicators of probable drug use and at least 60 minutes of additional training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. 5. PROHIBITED SUBSTANCES Prohibited substances includes the following. A. lllegal/y Used Controlled Substances are prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U. S. Drug Enforcement Administration of the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and the use of illegally obtained prescription drugs. Also, the medical use of marijuana, or the use of hemp-related products, which can cause drug or drug metabolites to be present in the body above the minimum thresholds, is a violation of this policy. FTA drug testing regulations (49 CFR Part 655) require that all covered employees be tested for marijuana, cocaine, amphetamines, opiates, and phencyclidine as described in Section 7 of this policy. Illegal use of these five drugs is prohibited at all times and thus, covered employees may be tested for these drugs anytime that they are on duty. B. Legal Drugs: The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to the Assistant City Administrator. The employee may also be required to provide a written release from their doctor or pharmacist indicating that the employee can perform their safety-sensitive functions in a safe and unimpaired manner. 2007 City of Hastings Drug Testing Policy-TRAC Page 5 of 17 C. Alcohol: The use of beverages containing alcohol (including any mouthwash, medication, food, candy) or any other substances such that alcohol is present in the body while performing safety-sensitive job functions is prohibited. An alcohol test can be performed on a covered employee under 49 CFR Part 655 just before, during, or just after the performance of safety-sensitive job functions. 6. PROHIBITED CONDUCT A. All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. B. Each covered employee is prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions. If an on-call employee has consumed alcohol and they are called to report to duty, they must acknowledge that use immediately to the appropriate personnel (Assistant City Administrator/Transit Dispatcher) and they will be relieved of their on-call responsibilities. C. The City of Hastings will not permit any covered employee to perform or continue to perform safety-sensitive functions if it has actual knowledge that the employee is using alcohol. D. Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater, regardless of when the alcohol was consumed. E. No covered employee shall consume alcohol for eight (8) hours following an involvement in an accident or until they submit to the post-accident drug/alcohol test, whichever occurs first. F. No covered employee shall consume alcohol within four (4) hours prior to the performance of safety-sensitive job functions. 7. TESTING REQUIREMENTS Analytical urine drug testing and breath testing for alcohol will be conducted as required by 49 CFR Part 40. All covered employees shall be subject to testing prior to employment, for reasonable suspicion, following an accident, and random as defined in this policy. Return to Dutv All covered employees who have tested positive for drugs or alcohol on a random, reasonable suspicion, or post-accident will be tested prior to returning to duty after completion of the Substance Abuse Professional's recommended treatment program and subsequent release to duty. Follow-Up Testing will also be conducted following return-to-duty for a period of one to five years, with at least six tests performed during the first year. The duration and frequency of the follow-up testing above the minimum requirements will be at the discretion of the Substance Abuse Professional. Testing A drug test can be performed any time a covered employee is on duty. An alcohol test can be performed just before, during, or after the performance of asafety-sensitive job function. 2007 City of Hastings Drug Testing Policy-TRAC 6of17 All covered employees will be subject to submit to drug and alcohol testing in accordance with Part 655.15. Drug and alcohol testing is a condition of employment and a job requirement. Test Refusal Failure to submit to a test as requested is in violation of this policy and any safety- sensitive employee who refuses to comply with a request for testing shall be removed from duty and subject to discipline, up to and including termination. Employees who are suspected of providing false information in connection with a drug test, or are suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo an observed collection. Verification of the above-listed actions will be considered a test refusal and will result in the employee's removal from duty and discipline, up to and including termination. Refer to the City of Hastings' Personnel Policy Sections 3.70 and 3.75 for ramifications of policy violations not specifically outlined in this policy. Refusal can also include an inability to provide sufficient urine specimen or breath sample without a valid medical explanation, as well as verbal or written declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test within the specified time frame. $. DRUG TESTING PROCEDURES Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Services (DHHS). All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. Every effort will be made to protect the employee, the integrity of the drug testing procedures, and the validity of the test result. The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines, and phencyclidine. After the identity of the donor is checked using picture identification, a urine specimen will be collected using the split specimen collection method described in 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT Chain of Custody and Control Form and identified using a unique identification number that attributes the specimen to the correct individual. The specimen analysis will be conducted at a DHHS certified laboratory. An initial drug screen and validity test will be conducted on the primary urine specimen. Non-Ne ative Results For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the GS/MS test are above the minimum thresholds established in 49 CFR Part 40, as amended. Negative Dilute If a test result returns as a negative dilute, that result shall be considered a valid negative test under DOT regulations. A retest will not be required. Test Results 2007 City of Hastings Drug Testing Policy-TRAC Page 7 of 17 The test results from the DHHS certified laboratory will be reported to a Medical Review Officer (MRO). An MRO is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the test and to determine whether there is a legitimate medical explanation for a confirmed positive, substitute, or adulterated test result. The MRO will then attempt to contact the employee to notify the employee of the non-negative laboratory result, and provide the employee with an opportunity to explain the confirmed laboratory test result. The MRO will subsequently review the employee's medical history/medical records, as appropriate, to determine whether there is a legitimate medical explanation for anon- negative laboratory result. If no legitimate medical explanation is found, the test will be verified positive or refusal to test and reported to the Drug and Alcohol Program Manager (DAPM), the Assistant City Administrator or City Administrator of the City of Hastings. If a legitimate explanation is found, the MRO will report the test result as negative to the DAPM and no further action will be taken. If the test is invalid without a medical explanation, a retest will be conducted under direct observation. Split Sample Test Any covered employee who questions the results of a required drug test under paragraphs 11 through 15 of this policy may request that the split sample be tested. The split sample test must be conducted at a second DHHS-certified laboratory with no affiliation with the laboratory that analyzed the primary specimen. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documented facts beyond the control of the employee. If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled and will direct the City of Hastings to retest to the employee under direct observation. The split specimen will be stored at the initial laboratory until the analysis of the primary specimen is completed. If the primary specimen is negative, the split will be discarded. If the primary is positive, the split will be retained for testing if so requested by the employee through the MRO. If the primary specimen is positive, it will be retained in frozen storage for one year and the split specimen will also be retained for one year. Consistent with 49 CFR Part 40, as amended, collection under direct observation (by a person of the same gender) with no advance notice will occur if: A. The laboratory reports to the MRO that a specimen is invalid, the MRO reports to the City of Hastings that there was not an adequate medical explanation for the result; 2007 City of Hastings Drug Testing Policy-TRAC Page B of 17 B. The MRO reports to the City of Hastings that the original positive, adulterated, or substituted test result had to be canceled because the test of the split specimen could not be performed; C. The City of Hastings may order a collection under direct observation of an employee if the drug test is a return-to-duty test or follow-up test. D. The collector, must immediately conduct a collection under direct observation if: 1. They are instructed by the City of Hastings to do so; or 2. The collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen; or 3. The temperature on the original specimen was out of range; or 4. The original specimen appeared to have been tampered with. 9. ALCOHOL TESTING PROCEDURES Tests for breath alcohol concentration (BAC) will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing Device (EBT) operated by a trained Breath Alcohol Technician (BAT). Alcohol screening tests may be performed using anon-evidential testing device, which is also approved by NHSTA. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test must occur on an EBT. The confirmatory test will be conducted at least fifteen minutes after the completion of the initial test. The confirmatory test will again be performed using an NHTSA-approved EBT operated by a trained BAT. The EBT will identify each test by a unique sequential identification number. This number, time, and unit identifier will be provided on each EBT printout. The EBT printout, along with an approved alcohol testing form, will be used to document the test, the subsequent results, and to attribute the test to the correct employee. The test will be performed in a private, confidential manner as required by 49 CFR Part 40, as amended. The procedure will be followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures and validity of the test result. A safety-sensitive employee who has confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. For the consequences of a positive alcohol test, refer to the City of Hastings' Personnel Policy Sections 3.70 and 3.75 for ramifications of policy violations not addressed in this policy. Even though an employee who has a confirmed alcohol concentration of 0.02 to 0.039 is not considered positive, the employee shall still be removed from duty for at least eight hours. An alcohol concentration of less than 0.02 will be considered a negative test. The City of Hastings affirms the need to protect individual dignity, privacy, and confidentially throughout the testing process. If, at any time, the integrity of the testing procedures or the validity of the test results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do not impact the test result will not be a canceled test. 10. PRE-EMPLOYMENT TESTING All applicants for covered transit safety-sensitive positions shall undergo urine drug testing prior to hire or transfer into a covered position that requires the performance of a safety-sensitive function. 2007 City of Hastings Drug Testing Policy-TRAC Page 9 of 17 A. All offers of employment of covered positions will be extended conditional upon the applicant passing a drug test. An applicant will not be hired into a covered position unless the applicant takes a drug test with verified negative results. B. Anon-covered employee will not be placed, transferred, or promoted into a covered position until the employee takes a drug test with verified negative results. C. If an applicant fails apre-employment drug test, the conditional offer of employment will be rescinded. Evidence of the absence of drug dependency from a Substance Abuse Professional that meets with 49 CFR Part 40, as amended, and a negative pre-employment drug test will be required prior to further consideration for employment. D. When an employee, being placed, transferred, or promoted from anon-covered position to a covered position, submits a drug test with a verified positive result, the employee will be subject to disciplinary action, up to and including termination. Refer to the City of Hastings' Personnel Policy Sections 3.70 and 3.75 for ramifications of policy violations E. If apre-employment/pre-transfer test is canceled, applicant will be required to take and pass another pre-employment drug test. F. In instances where a covered employee is on extended leave for a period of 90 days or more, regardless of reason, the employee will be required to take a drug test under 49 CFR Part 655 and have negative test results prior to the conduct of safety-sensitive job functions. G. Applicants are required to report previous DOT covered employer drug and alcohol test results. Failure to do so will result in the employment offer being rescinded. 11. REASONABLE SUSPICION TESTING All safety-sensitive employees will be subject to a reasonable suspicion drug and/or alcohol test when there are reasons to believe that drug or alcohol use is impacting job performance and safety. Reasonable suspicion shall mean that there is objective evidence, based upon specific, contemporaneous, articulable observations of the employee's appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by at least one supervisor who is trained to detect the signs and symptoms of drug use and alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired in their work performance due to possible prohibited substance abuse or alcohol misuse. A reasonable suspicion alcohol test can only be conducted just before, during, or just after the performance of asafety-sensitive job function. A reasonable suspicion drug test can be performed any time the covered employee is on duty. Examples of reasonable suspicion include, but are not limited to, the following: A. Physical signs and symptoms consistent with prohibited substance use or alcohol misuse. B. Evidence of the manufacture, distribution, dispensing, possession, or use of controlled substances, drugs, alcohol, or other prohibited substance. C. Occurrence of a serious or potentially serious accident that may have been caused by prohibited substance abuse or alcohol misuse. D. Fights (to mean physical contact), assaults, and flagrant disregard or violations of established safety, security, or other operating procedures. 2007 City of Hastings Drug Testing Policy-TRAC Page 10 of 17 An employee who refuses an instruction to submit to a drug/alcohol test will not be permitted to finish his or her shift and will immediately be placed on administrative leave pending disciplinary action, up to and including termination. A written record of the observations which led to a drug/alcohol test based on reasonable suspicion shall be prepared and signed by the supervisor making the observation prior to the release of the test results. This written record shall be attached to the forms reporting the test results. 12. POST-ACCIDENT TESTING Required All safety-sensitive employees will be required to undergo urine and breath testing if they are involved in an accident with a transit revenue service vehicle that results in a fatality, regardless of whether or not the vehicle is in revenue service. This includes all surviving covered employees that are operating the vehicle at the time of the accident and any other whose performance cannot be completely discounted as a contributing factor to the accident. In addition, apost-accident test will be conducted if an accident results in injuries requiring immediate transportation to a medical treatment facility; or one or more vehicles incurs disabling damage, unless the operator's performance cannot be completely discounted as a contributing factor to the accident. The accident definition may include some incidents where an individual is injured even though there is no vehicle collision. A. As soon as practicable following an accident, as defined in this policy, the transit supervisor investigating the accident will notify the TRAC employee operating the transit vehicle and all other covered employees whose performance could have contributed to the accident of the need for the test. The supervisor will make the determination using the best information available at the time of the accident. B. The appropriate transit supervisor shall ensure that an employee required to be tested under this section, is tested as soon as practicable, but no longer than 8 hours after the accident for alcohol, and within 32 hours for drugs. If an alcohol test is not performed within two hours of the accident, the supervisor will document the reason(s) for the delay. If the alcohol test is not conducted within 8 hours, or the drug test within 32 hours, attempts to conduct the test must cease and the reasons for the failure to test documented. C. Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident, or until they undergo apost-accident alcohol test. D. An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of their location if they leave the scene of the accident prior to submission to such test, will be determined to have refused to submit to testing. E. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident, or to prohibit an employee 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. F. In the rare event that the City of Hastings is unable to perform an FTA drug and alcohol test (i.e., employee is unconscious, employee is detained by law 2007 City of Hastings Drug Testing Policy-TRAC Page 11 of 17 enforcement agency), the City of Hastings may use drug and alcohol post- accident test results administered by state and local law enforcement officials in lieu of the FTA test. The state and local law enforcement officials must have independent authority for the test and the City of Hastings must obtain the results in conformance with state and local law. 13. RANDOM TESTING All covered employees will be subjected to random, unannounced testing. The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees. A. The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year. B. The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not less than the percentage rates established by Federal regulations 49 CFR Part 655.45(b) for those safety-sensitive employees subject to random testing by Federal regulations. The current random testing rate for drugs established by FTA equals fifty percent (25%) of the number of covered employees in the pool and the random testing rate for alcohol established by FTA equals ten percent (10%) of the number of covered employees in the pool. C. Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and subject to selection, whether or not the employee has been previously tested. There is no discretion on the part of management in the selection and notification of the individuals who are to be tested. D. Random tests can be conducted at any time during an employee's shift for drug testing. Alcohol random tests can be performed just before, during, or just after the performance of asafety-sensitive duty. Tests can occur during the beginning, middle, or end of an employee's shift. E. Employees are required to proceed immediately to the collection site upon notification of their random selection. 14. RETURN-TO-DUTY TESTING All safety-sensitive employees who previously tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and released by the SAP before returning to work. For an initial positive drug test areturn-to-duty test is required and an alcohol test is allowed. For an initial positive alcohol test areturn-to-duty alcohol test is required and a drug test is allowed. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. Before scheduling the return to duty test, the SAP must assess the employee and determine if the required treatment has been completed. The SAP should schedule the return-to-duty test only when the employee is known to be drug- and alcohol-free and there is no risk to public safety. 15. FOLLOW-UP TESTING Safety-sensitive employees will be required to undergo frequent, unannounced drug and alcohol testing following their return-to-duty. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year. The frequency and duration of the follow-up tests (beyond the minimums) will be determined 2007 City of Hastings Drug Testing Policy-TRAC Page 12 of 17 by the SAP, reflecting the SAP's assessment of the employee's unique situation and recovery progress. Follow-up testing should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate and in addition to the random, post-accident, reasonab-e suspicion and return-to-duty testing. 16. CONSEQUENCES OF POSITIVE DRUGIALCOHOL TEST Any covered employee who tests positive for the presence of illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40, as amended, will be referred for evaluation by a SAP. ASAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. No employee will be allowed to return to duty requiring the performance of safety- sensitivejob functions without the approval of the SAP. A positive drug and/or alcohol test will also result in disciplinary action as specified herein. The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the City may do the following: First Positive Test Result As soon as practicable after receiving notice of a verified positive drug test result, a confirmed alcohol test result, or a test refusal, the Drug and Alcohol Program Manager will contact the employee's supervisor to have the employee cease performing any safety-sensitive function. The employee shall be referred to a SAP for an assessment. The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited drug use or alcohol misuse. The employee will be given an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The City may determine which program is more appropriate after consultation with a SAP or other qualified professional. Participation in a counseling or rehabilitation program will be at the employee's own expense or pursuant to coverage under an employee's own benefit plan. If the employee either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program, and alcohol or drug abuse prevents the employee from performing the essential functions of the job in questions or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the appointing authority will recommend that the employee be disciplined; including but not limited to, discharge from employment. Refusal Refusal to submit to a drug/alcohol test shall be considered a positive test result. A test refusal includes the following circumstances: 2007 City of Hastings Drug Testing Policy-TRAC Page 13 of 17 1. A covered employee who consumes alcohol within eight (8) hours following involvement in an accident without first having submitted to post- accident drug/alcohol tests; 2. A covered employee who leaves the scene of an accident without a legitimate explanation prior to submission to drug/alcohol tests; 3. A covered employee who is suspected of providing false information in connection with a drug test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution of a urine specimen; 4. A covered employee who provides an insufficient volume of urine specimen or breath sample without a valid medical explanation; 5. A verbal or written declaration, obstructive behavior, refusal to sign the required DOT drug and/or alcohol testing forms, or physical absence resulting in the inability to conduct the test within the specified time frame; 6. A covered employee whose urine sample has been verified by the MRO as substitute or adulterated; 7. A covered employee fails to appear for any test within a reasonable time, as determined by the City of Hastings, after being directed to do so by the City of Hastings; 8. A covered employee fails to remain at the testing site until the testing process is complete; 9. A covered employee fails to provide a urine specimen for any drug test required by CFR Part 40 or DOT agency regulations; 10. A covered employee fails to permit the observation or monitoring of a specimen collection; 11. A covered employee fails or declines to take a second test the City of Hastings or collector has directed you to take; 12. A covered employee fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER as part of the "shy bladder" or "shy lung" procedures; or 13. A covered employee fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process); 14. An alcohol test result of >0.02 to <0.039 BAC will result in the removal of the employee from duty for eight hours. 17. GRIEVANCE AND APPEAL The consequences specified by 49 CFR Part 655 for a positive test or test refusal are not subject to arbitration. 18. INFORMATION DISCLOSURE Drug/alcohol testing records will be maintained by the Drug and Alcohol Program Manager and, except as provided below or by law, the results of any drug/alcohol test will not be disclosed without express written consent of the tested employee. A. The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have the right to gain access to 2007 City of Hastings Drug Testing Policy-TRAC Page 14 of 17 any pertinent records such as equipment calibration records, and records of laboratory certifications. B. Records of a verified positive drug/alcohol test result shall be released to the Drug and Alcohol Program Manager, Department Supervisor and Professional manager on aneed-to-know basis. C. Records will be released to a subsequent employer only upon receipt of a written request from the employee. D. Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test. E. Records will be released to the National Transportation Safety Board during an accident investigation. F. Records will be released to the DOT or any DOT agency with regulatory authority over the City of Hastings or any of its employees. G. Records will be released if requested by a Federal, state, or local safety agency with regulatory authority over the City of Hastings or the employee. H. If a party seeks a court order to release a specimen or part of a specimen contrary to any provision of CFR Part 40 necessary legal steps to contest the issuance of the order will be taken. 1. In cases of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FTA. 19. DRUG AND ALCOHOL PROGRAM MANAGER (DAPM) AND DESIGNATED EMPLOYER REPRESENTATIVE (DER) FTA regulations require that a single contact person be identified to answer questions for this policy. Any questions regarding this policy or any other aspect of the substance abuse program should be addressed to the following City of Hastings TRAC transit system representatives: Drug and Alcohol Pro ram Mana er and Desi Hated Em to er Re resentative: Name: Melanie Mesko Lee Title: Assistant Cit Administrator Address: 101 Fourth Street East Hastin s MN 55033 Tele hone number: 651-480-2350 Fax Number: 651-437-7082 Serondarv Contact Name: David M. Osber Title: Cit Administrator Address: 101 Fourth Street East Hastin s MN 55033 Tele hone number: 651-480-2350 Fax Number: 651-437-7082 A complete copy of regulation 49 CFR Part 40, as amended is available for review. 20. MEDICAL REVIEW OFFICER 2007 City of Hastings Drug Testing Policy-TRAC Page 15 of 17 Name: Dr. Stuart Hoffman Address: PO Box 48709 Los An eles CA 48709 Tele hone number: 1-923-936-3806 21. SUBSTANCE ABUSE PROFESSIONAL Name: Dr. Gerald Peters Address: 570 Asbur Street, Suite 300 St. Paul MN 55104-1849 Tele hone number: 651-645-7558 22. CONSORTIUM Name: Choice Point Health Services Division Title: Attention: Barb Hurle Address: 565 Braund Street PO Box 67 Onalaska WI 54650 Tele hone number: 1-800-523-5447, ext. 4600 Fax Number: 1-608-782-7794 2007 City of Hastings Drug Testing Policy-TRAC Page 16 of 17 23. Name: Quest Dia nostics Address: 506 East State Parkwa Schaumbur IL 60173 Tele hone number: 1-800-949-0163 25. SAFETY-SENSITIVE FUNCTIONS List the job titles of those that perform safety-sensitive job functions: 1. Clerical/Dispatch (3) 2. Full-Time Transit Driver (3) DHHS CERTIFIED LABORATORY 3. Part-Time Transit Driver (2) 4. On-Call Transit Driver (1) or any others who operate a revenue service vehicle (whether or not the vehicle is in revenue service), dispatch (anyone who controls revenue service vehicles' movement), maintenance of a revenue service vehicle or equipment used in revenue service, security personnel who carry firearms, and any other employee who holds a Commercial Driver's License. 26. POLICY MODIFICATION The City of Hastings has the right to modify this policy as changes in regulation or law occurs. Approved by the City Council of the City of Hastings this day of , 2007. Paul J. Hicks, Mayor Melanie Mesko Lee Assistant City Administrator