HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - ALCOHOL AND SUBSTANCE ABUSE POLICY8.17 Controlled Substances and Alcohol Policy
(In Compliance with FHWA Regulations)
(Applicable Only to Non-Transfort and Non -fleet Services Division
Employees Required to Hold Commercial a Driver's License and Others in
Safety -Sensitive Positions)
The City strives to provide its employees with a healthy and safe workplace. Toward
that goal, the City has adopted the following policy in order to promote the City's safety
and health program and comply with the federal standards for safety -sensitive duties
regulated by the Federal Highway Administration ("FHWA'). Because of the
voluminous nature of the applicable federal regulations (49 CFR Parts 382 and 40), it is
not practical for this City policy to set forth a verbatim recital of the federal regulations.
Covered employees are required to comply with this policy as well as the applicable
federal regulations that are incorporated by this reference. A copy of the federal
regulations may be obtained from the Human Resources Department. In the event of
a conflict between this policy and the applicable federal regulations, the federal
regulations shall take precedence.
917.1 Who is Covered by This Policy
A. The Federal Omnibus Transportation Employee Testing Act requires employers to
test employees in safety -sensitive positions in motor carrier industries for alcohol
and controlled substances. Safety -sensitive positions not only include positions for
which employees are required to hold a Commercial Driver's License, but also include
a variety of other positions as defined by the Department of Transportation, Federal
Highway Administration and employees who hold a Commercial Driver's License.
For example, covered employees may include heavy equipment operators, drivers
and certain mechanics.
R This policy only applies to employees who are required to hold a commercial
driver's license and others in safety -sensitive positions as defined by the
FHWA regulations. Employees of the City of Fort Collins Transfort/Dial-A-Ride
Division and the Fleet Services Division (collectively referred to as "Transfort Division
employees") are subject to the City of Fort Collins Transit System Substance Abuse
Policy, (referred to as the FTA Policy) set forth in these City of Fort Collins Personnel
Policies and Procedures. The City will provide training to all employees covered by
this policy in accordance with the regulations of the FHWA. All employees covered
by this policy will be notified by the City. If there is any uncertainty whether a
particular employee is covered, or if there are any other questions about this policy,
please contact the Director of Human Resources or Risk Manager.
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
8.17.2 Statement of Policy
In accordance with the FHWA regulations, the City has adopted the following work
rules applicable to covered employees:
1. No employee may unlawfully manufacture, use, possess, or distribute controlled
substances;
2. No employee may report for work, perform safety sensitive duties, or while in the
employ of the City, have at any time, any controlled substance present in her or his
body. Presence of controlled substances will be determined by testing performed
as described in this policy;
3. No employee may perform safety sensitive functions within four hours after
consuming alcohol;
4. No employee may consume alcohol while performing safety sensitive functions;
5. No employee may possess alcohol while on duty;
6. No employee may report to work or perform safety sensitive functions while having
a blood alcohol concentration of .02 or greater. An employee's alcohol concentration
will be determined by tests as described in this policy. The use of the .02 level of
alcohol concentration in this paragraph is in recognition of the testing device margin
of error and does not constitute authorization or consent for the employee to have
alcohol in his or her body at an time while on duty; [rev. 1/13/991
7. No employee may leave the scene of an accident, without a valid reason as
determined in the sole discretion of the City, before arranging to have a controlled
substance and alcohol test performed;
8. No employee may consume alcohol after an accident unless:
a. Eight hours have expired;
b. The employee has been tested; or
c. The employer has determined that the employee's performance could not have
contributed to the accident.
8.17.3 Substance Screening
A. For the purpose of assuring compliance with the FHWA regulations and this policy,
applicants and employees in safety sensitive positions will be subject to controlled
substance and alcohol screening under the following circumstances as a condition
of their employment.
R Applicants: All applicants conditionally offered employment for safety sensitive
positions or conditionally offered transfers from non -safety sensitive positions to
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safety sensitive positions shall undergo urine drug testing and provide the test sample
to an approved collection location within 48 hours of receiving the conditional
offer of employment or transfer. Refusal to consent or submit to the test, failure to
provide the test sample as required above, or having a confirmed positive test shall
disqualify the applicant from employment with the City for a period of six months
from the date of refusal, failure to provide, or testing, whichever is applicable.
Additionally, an applicant will be disqualified for employment if the applicant has
had a positive test or has refused to test with an employer covered by Department
of Transportation ("DOT") agency drug and alcohol testing rules during the past
two years, and has not documented successful completion of the DOT return -to -
duty process (including follow-up tests). [rev. 12/3/01 ]
C. Employees: Employees covered by this policy are required to undergo substance
screening under the circumstances below.
1. Post -Accident Testing
a. The FHWA regulations require that any employee covered by this policy
submit as soon as practicable to tests for controlled substances and alcohol
if he or she is involved in an accident in which: [rev 7/8/02]
i. There is a loss of a human life; or
ii. He or she receives, within 8 hours of the occurrence for purposes of an
alcohol test and within 32 hours of the occurrence for purposes of a
controlled substances test, a citation under state or local law for a moving
traffic violation arising from the accident, if the accident involved:
[rev. 7/8/02 ]
a. bodily injury to any person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or
[new 7/8/02]
b. one or more motor vehicles incurring disabling damage as a result
of the accident, requiring the motor vehicle to be transported away
from the scene by a tow truck or other motor vehicle. [new 7/8/02 ]
b. The City also requires that any employee who is seriously injured and cannot
provide a specimen at the time of the accident must provide the necessary
authorization for obtaining hospital reports and other documents that may
indicate the presence of controlled substances and alcohol in the employee's
system.
2. Reasonable Suspicion Testing
Employees covered by this policy will be required to submit to tests for controlled
substances and/or alcohol when a supervisor has reasonable suspicion that the
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actions, appearance or conduct of the employee on duty show symptoms of the
use or presence in the employee's body of a controlled substance or alcohol.
3. Random Testing
a. Employees covered by this policy are subject to selection for testing for
controlled substances and alcohol at any time on a random basis. Random
testing will be conducted reasonably throughout the year and will be
unannounced to ensure that no employee receives advance knowledge of
the time of testing. All employees covered by this policy will have an equal
chance of being selected each time a random selection is made.
b. The number of controlled substance tests conducted annually will equal or
exceed the percent of the number of safety sensitive positions subject to
testing as required by FHWA regulations. The number of alcohol tests
conducted annually shall equal or exceed the percent of the number of
safety sensitive positions subject to testing as required by FHWA regulations.
The percent amount set by the regulations may be obtained from the Risk
Manager.
4. Follow -Up and Return to Duty
Any employee covered by this policy who has been required to or voluntarily
undergoes rehabilitation for substance abuse must submit to tests for controlled
substances and alcohol, and must receive negative results on all such tests,
before returning to work. In addition, such an employee will be subject to
follow-up testing from 12 to 18 months following her or his return to a safety
sensitive position. An employee who receives a positive result on a follow-up
test will be subject to disciplinary action, up to and including immediate
termination of employment.
& 17A Refusal to Submit to Test
Refusal to submit to any required test for controlled substances or alcohol is a violation
of this policy. The following behavior constitutes a refusal:
1. Refusal to take a required test; [rev.12/3/01 j
2. Inability to provide sufficient quantities of breath or urine to be tested without a
valid medical explanation;
3. Tampering with, or attempting to adulterate, the specimen or collection procedure;
4. Not reporting to the collection site in the time allotted; and/or
5. Leaving the scene of an accident without a valid reason before the tests have been
conducted; and
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6. Refusal to empty pockets at the collection site prior to providing a urine specimen.
[new 12/3/01 ]
& 1 TS Testing Procedures
A. Controlled Substances Procedure
1. Controlled substance screening must be conducted in a laboratory certified by
the United States Department of Health and Human Services ("DHHS") and in
accordance with the Procedures for Transportation Workplace Drug Testing
Programs. These procedures include "split sampling" which provide that a
urine sample be split into two separate containers.
2. The substance screen will test for the following controlled substances: marijuana,
cocaine, opiates, amphetamines and phencyclidine ("PCP"). Any positive initial
test will be confirmed by a gas chromatography/mass spectrometry test.
3. The City will retain a Medical Review Officer ("MRO") who will receive the
laboratory results of the testing procedure. The MRO will be a licensed physician
and have knowledge of substance abuse disorders and the appropriate medical
training to evaluate positive test results, medical histories, and any other relevant
biomedical information. When a confirmed positive test could have resulted
from legally prescribed medication, the MRO will review all medical records
made available by the tested employee. The MRO will be the sole custodian of
the individual test results and may only inform the City of whether the test
results were negative or positive.
4. After receiving notification of a verified positive test, an employee may request
that the split sample be analyzed. Such a request must be made within 72
hours of the time the employee is notified of a verified positive test. If such a
split sample test request is made, the split sample will be tested at another DHH S
certified laboratory. If the split sample test results are negative, the employee
will not be responsible for the cost of the test. If the split sample test results are
positive, the employee will be required to pay for the cost of the test and such
cost may be deducted from any pay owed to the employee. [rev. 12/3/01 ]
B. Alcohol Testing Procedure
1. Alcohol testing shall be conducted by a Breath Alcohol Technician ("BAT")
using an Evidential Breath Testing Device ("EBT" ). The employee will provide
a breath sample. If an employee's blood alcohol concentration is .02 or greater,
then a second, confirmation test will be performed.
2. An employee whose blood alcohol concentration is .02 or greater on a second
confirmation test will be relieved of duty immediately and placed on
administrative leave until the status of her or his employment can be evaluated.
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Employees who test positive for alcohol at any concentration level should not
drive following the test.
C. Retesting [new 12/3/01]
1. Pursuant to the requirements of 49 CFR Sec. 40.23, if the City receives a canceled
test result for an applicant or employee for whom a negative result is required,
the applicant or employee must immediately provide another specimen at the
collection site.
2. Pursuant to the provisions of 49 CFR Sec. 40.197, if an applicant or employee
receives a negative dilute drug test result, the applicant or employee shall be
directed to take another test immediately with the minimum possible advance
notice that he or she must return to the collection site. If the second test result
is also negative dilute, the test result will be considered verified negative and
the applicant or employee will not be required to take a third test because the
second test result was negative dilute.
D. Designated Employer Representative [new 12/3/01]
The Director of Human Resources is designated as the City's Designated Employer
Representative. The Director is authorized to receive that information and to take
those actions as specified in 49 CFR Part 40.
8.17.6 Consequences of Violation of Policy
A. The FHWA regulations require certain minimum consequences for violation of the
regulations. In addition to those minimum consequences, the City may, in its
discretion, impose consequences more severe than those required by the FHWA
regulations, including possible termination of employment, for violation of this
policy.
R Applicants: It is the policy of the City, above and beyond the requirements of the
FHWA regulations, that applicants who test positive for controlled substances or
who test .02 or greater blood alcohol concentration will not be eligible for hire by
the City.
C. Employees: A covered employee who tests positive for a controlled substance or
has a blood alcohol concentration of .02 or greater must immediately be removed
from performing her or his safety sensitive duties. In addition, the City may, in its
discretion, remove a covered employee from duty based on a positive test result for
controlled substances or alcohol at any concentration level.
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
D. Under the FHWA minimum regulations, the City is not required to allow an employee
to return to work (whether or not in a safety sensitive position) following a positive
test for controlled substances or alcohol at any concentration level. However, if the
City, in its discretion, decides to allow an employee to return to work in a safety -
sensitive position after receiving an EBT test result of a blood alcohol concentration
of .02 to .039, before returning to work the employee must undergo a subsequent
EBT test which shows that her or his blood alcohol concentration is less than .02.
Moreover, if the City, in its discretion, decides to allow an employee to return to
work in a safety sensitive position after testing positive for a controlled substance
or having a blood alcohol concentration of .04 or greater, the employee must be
evaluated by a counselor of the City's Employee Assistance Program who will serve
as a Substance Abuse Professional ("SAP"); if the SAP determines that additional
treatment is necessary, the employee must complete such treatment. In addition,
the employee will be subject to follow-up testing as described in this policy.
E. In addition to the minimum FHWA requirements, the City may, in its sole discretion,
impose other or further disciplinary action, up to and including immediate
termination of employment, on any employee covered by this policy who tests positive
for a controlled substance or blood alcohol at any concentration level or who
otherwise violates this policy.
F. Please contact the Director of Human Resources or the Risk Manager for further
information about this policy or to discuss issues related to the abuse of controlled
substances or alcohol.
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8