HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1145 PARATRANSIT SERVICESM 8 City of Fort Collins Transit System
Substance Abuse Policy
(In Compliance with FTA Regulations)
(Applicable Only to Transfort/Dial-A-Ride and Fleet Services Division
Employees)
8.18.1 Policy
City of Fort Collins Transfort/Dial-A-Ride and Fleet Services Divisions are dedicated to
providing safe, dependable, and economical transportation services to our transit
passengers. City of Fort Collins transit employees (for the purposes of this Policy, the
term "transit employees" includes employees of the Transfort/Dial-A-Ride Division and
the Fleet Services Division) are our most valuable resource and it is our goal to provide
a healthy, satisfying working environment which promotes personal opportunities for
growth. In meeting these goals, it is our policy to:
1. Assure that employees are not impaired in their ability to perform assigned duties
in a safe, productive, and healthy manner;
2. Create a workplace environment free from adverse effects of drug abuse and alcohol
misuse;
3. Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of
controlled substances; and
4. Encourage employees to seek professional assistance anytime personal problems,
including alcohol or drug dependency, adversely affect their ability to perform their
assigned duties.
& 18.2 Purpose
The purpose of this policy is to assure worker fitness for duty and to protect our
employees, passengers, and the public from the risks posed by the misuse of alcohol
and the use of prohibited drugs. This policy is also intended to comply with all the
applicable Federal regulations governing workplace anti -drug and alcohol programs
in the transit industry. The Federal Transit Administration (FTA) of the U.S. Department
of Transportation has published 49 CFR Part 655, as amended, that mandate
All provisions set forth in bold face print are included consistent with requirements specifically set forth in 49
CFR Part 655, or Part 40, as amended. Provisions set forth in the Drug -Free Workplace Act (CFR Part 29) are
delineated in italics. All other provisions are set forth under the authority of the transit system. [rev. 9/4/021
City of Fort Collins Personnel Policies and Procedures
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Section 8
period of six months from the date of refusal, failure to provide, or testing, whichever
is applicable. An applicant who is otherwise qualified, but has a long term
medical condition that renders him/her unable to provide an adequate urine
specimen will be eligible for hire and be able to perform safety -sensitive
duties despite his/her inability to provide urine for the test providing the
MRO verifies the validity of the medical condition by medical examination
and consultation with the applicant's physician. In the event of a confirmed
positive test, evidence of the absence of drug dependency from a Substance Abuse
Professional ( SAP) that meets with the return-to-duty/followup provisions set forth
in the regulations and the approval of the City and negative pre -employment drug
test will be required prior to further consideration for employment. The cost for
the assessment and any subsequent treatment will be the sole responsibility of the
individual. [rev. 6/1/051
C. Reasonable Suspicion Testing
1. All safety -sensitive employees may be subject to urine and/or breath
testing when there are reasons to believe that drug and/or alcohol use
is adversely affecting job performance. A reasonable suspicion referral
for testing will be made on the documented specific, contemporaneous,
articulable, observations concerning appearance, behavior, and speech
or body odor of the employee which are consistent with the short-term
effects of substance abuse and/or alcohol misuse. Examples of reasonable
suspicion include, but are not limited to, the following: [rev. 10/14/051
a. Physical signs and symptoms consistent with prohibited substance
use or alcohol misuse; [rev. 6/1/05]
b. Evidence of the manufacture, distribution, dispensing, possession, or
the use of controlled substances, drugs, alcohol, or other prohibited
substances; [rev. 6/1/05]
c. Occurrence of a serious or potentially serious accident that may have been
caused by a prohibited substance abuse or alcohol misuse;
d. Fights (to mean physical contact), assaults, and flagrant disregard or viola-
tions of established safety, security, or other operating procedures.
2. Reasonable suspicion referrals must be made by a supervisor who has
personally observed the symptoms and who is trained to detect the signs
and symptoms of drug and alcohol use and who reasonably concludes
that an employee maybe adversely affected or impaired in his/her work
performance due to possible prohibited substance abuse and /or alco-
hol misuse. Supervisors who are eligible to make reasonable suspicion
determinations and referrals shall complete at least 60 minutes of train-
ing on the physical, behavioral, and performance indicators of prob-
able drug use and at least 60 minutes of training on the physical, be-
havioral, and performance indicators of probable alcohol use.
[rev. 9/4/021
City of Fort Collins Personnel Policies and Procedures
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3. Upon making a reasonable suspicion determination, the supervisor or
another City -designated representative shall escort the employee to the
collection site. The determining supervisor may not serve as the screen-
ing test technician (M) or the breath alcohol technician (BAT).
[new 9/4/02]
D. Post -Accident Testing
1. All safety -sensitive employees who are operating a Transfort or Dial -
A -Ride vehicle (regardless of whether or not the vehicle is in revenue
service) will be required to undergo a drug and alcohol testing as soon
as practicable following an accident associated with the operation of
the vehicle, if as a result: [new 7/8/02]
a. an individual dies; or [new 7/8/02]
b. an individual suffers bodily injury and immediately receives medical
treatment away from the scene of the accident, unless the City
determines and documents that the employee can be completely
discounted as a contributing factor to the accident; or [rev. 9/4/02 ]
c. in the case of a mass -transit vehicle that is a rubber tired vehicle,
any of the vehicles involved in the accident incur disabling damage
as the result of the occurrence and the vehicle or vehicles are
transported away from the scene by a tow truck or other vehicle; or
in the case of a mass transit vehicle that is a rail vehicle or a vessel,
the vehicle is removed from service; unless the City determines and
documents that the employee can be completely discounted as a
contributing factor to the accident. [rev. 9/4/02]
2. Following an accident where a test is required, the safety -sensitive
employees will be tested as soon as practicable, but not to exceed 8
hours for alcohol testing and 32 hours for drug testing. If alcohol
testing is not done within 2 hours, the reason for not testing must be
documented and attempts to complete alcohol testing shall continue
for up to 8 hours. If drug testing is not accomplished within 32 hours,
the reason for testing must be documented. Any safety -sensitive
employee involved in an accident must refrain from alcohol use for 8
hours following the accident or until he/she undergoes a post -accident
test. A safety -sensitive employee must remain readily available for
testing following an accident and any safety -sensitive employee who
leaves the scene of the accident without justifiable explanation prior
to the submission of a drug and alcohol test will be considered to have
refused the test and will be subject to discipline up to and including
termination of employment. Post -accident testing will not be required
until involved employees are done or relieved from assisting in the
resolution of an accident and/or have received necessary medical
attention following the accident. [rev. 7/8/02 ]
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3. Employees tested under this provision will include not only vehicle
operators, but any other covered employee whose performance could
have contributed to the accident. [rev 7/8/02]
4. The results of a blood, urine, or breath test for the use of prohibited
drugs or alcohol misuse, conducted by Federal, State, or local officials
having independent authority for the test, shall be considered to meet
the requirements of this section provided such test conforms to the
applicable Federal, State, or local testing requirements, and that the
test results are obtained by the City. Such test results may be used only
when the City is unable to perform a post -accident test within the
required period noted in subparagraph 2, above. [new 9/4/021
E. Random Testing
Employees in safety -sensitive positions will be subject to random,
unannounced testing. Such an employee shall only be randomly tested
for alcohol misuse while the employee is performing safety sensitive
functions; just before the employee is to perform safety sensitive functions;
or just after the employee has ceased performing such functions. A covered
employee may be randomly tested for prohibited drug use anytime while
on duty. The selection of safety -sensitive employees for random alcohol
and drug testing will be made using a scientifically valid method that is
mapped to the employee's social security number and that ensures each
covered employee that he/she will have an equal chance of being selected
each time selections are made. The random tests will be unannounced,
spread throughout the year, and may be conducted on all days and hours
during which transit service is in operation. Neither management nor
operations employees will have discretion in the selection and notification
of employees for testing. Unless the percentages are changed pursuant to
federal authority, 50% of the number of covered employees shall be tested
for drugs and 10% of the number of covered employees shall be tested for
alcohol on an annual basis. Upon notice of selection for a random test,
and employee shall proceed to the test site immediately unless the employee
is performing a safety -sensitive function at the time of notification, in
which case, the employee shall safely cease the safety -sensitive function
when relieved and proceed to the testing site as soon as possible. Should a
safety -sensitive employee's name be chosen for random testing and the employee
is not available to test (vacation, sick leave), the City of Port Collins Transit System
will await the return of the employee to conduct the test. Only in instances where
the individual will not return during the testing period will the random number
selection company be requested to provide another employee's number. Should a
selected employee refuse the random alcohol or drug test (refusal is
considered a positive test) it will be considered as a deliberate refusal and under
City policy, the safety -sensitive employee will be subject to termination.
[rev. 10/14/05]
City of Fort Collins Personnel Policies and Procedures
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Section 8
F. Return -to -Duty Testing
All safety -sensitive employees who previously tested positive on a drug or
alcohol test or who refused to submit to a test must test negative (below
0.02 for alcohol) and be evaluated and determined eligible to return to
duty by the Substance Abuse Professional (SAP) before the City releases
the employee to return to safety sensitive work. [rev.10/14/05 ]
G. Follow -Up Testing
Safety -sensitive employees that have tested positive will be required to
undergo unannounced urine and/or breath testing following their return
to work. This testing will be in addition to any random selected testing.
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, all as determined
bythe SAP. [rev.6/1/05]
M&B Employee Assessment
A. Any safety -sensitive employee who tests positive for the presence of illegal
drugs or alcohol above the thresholds set forth in 49 CFR Part 40, as
amended, will be referred for evaluation by a Substance Abuse Professional
(SAP). A SAP is a licensed or certified physician, psychologist, social
worker, employee assistance professional, or addiction counselor with
knowledge of and clinical experience in diagnosis and treatment of alcohol-
related/drug-related disorders, and who meets the qualifications set forth
in 49 CPR 40.281. The SAP. shall follow the procedures set forth in 49 CFR
Part 40. The SAP will evaluate each employee to determine what assistance
the employee needs in resolving problems associated with prohibited drug
use or alcohol misuse. [rev. 6/1/05]
B. Assessment by the SAP or participation in the company's Employee Assistance
Program does not shield an employee from disciplinary action or guarantee
employment or reinstatement with the transit system. The City of Fort Collins
Transit System Disciplinary Code should be consulted to determine the penalty for
performance -based infractions and violations of policy provisions. The violations
may include, but are not limited to, refusal to test and positive test results.
C. If a safety -sensitive employee is allowed to return to duty, he/she must
properly follow the rehabilitation program prescribed by the SAP and
documented in the Last Chance Agreement, the employee must have negative
return -to -work drug and alcohol tests, and be subject to unannounced
follow-up tests for a period of one to five years. The employee will also
still be subject to random, post -accident, and reasonable suspicion testing.
The cost of any treatment or rehabilitation services will be paid directly by the
employee or his/her insurance provider. Employees will be allowed to take
City of Fort Collins Personnel Policies and Procedures
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accumulated sick leave and vacation leave to participate in the prescribed
rehabilitation program, [rev. 6/1/05]
L IM Information Disclosure
Any records pertaining to the employee's use of prohibited drugs, including
records pertaining to his/her drug tests, may be released under the following
circumstances: [rev. 5/9/01 ]
1. When an employee gives written instruction that the transit system may
release information or copies of records regarding an employee's test results
to a third party or subsequent employer; [rev. 6/1/051
2. When, due to a lawsuit, grievance, or proceeding initiated on behalf of the
employee tested, the result must be released to the decision -maker in the
case; [rev. 6/1/05]
3. When an employee provides a written request for copies of his/her records
relating to the test(s ). Accessible records include any records pertinent to
his/her test, such as equipment calibration records and laboratory
certifications; [rev. 6/1/05]
4. When an accident investigation is being performed by the National
Transportation Safety Board (NTSB) and the post -accident test results are
needed for the investigation; [rev. 6/1/05 ]
5. When records are requested by the DOT or any DOT agency with regulatory
authority over the employer or any of its employees, or to a state oversight
agency authorized to oversee rail fixed guide way systems; [rev. 6/1/05 ]
6. a. Requests for test results information by an unemployment service
bureau can be granted, if the individual's dismissal was a result of a
positive drug or alcohol test, because the request for unemployment
benefits was initiated by the employee; [rev. 6/1/05 ]
b. Each request for release of information must specifically identify the
person to whom the information is to be released, the circumstances
under which the release is authorized, and the specific kind of
information to be released. [rev. 6/1/051
8.18.10 Last Chance Agreement
Employees who re-enter the workforce must agree to a last chance agreement. That
contract may include, but is not limited to, the following: [rev. 9/22/98]
1. A release to work statement from the Substance Abuse Professional;
2. A negative test for drugs and/or alcohol;
City of Fort Collins Personnel Policies and Procedures
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3. An agreement to unannounced frequent follow-up testing as determined by the
SAP for a period of one to five years with at least six tests performed the first year;
[rev. 9/22/98 ]
4. A statement of expected work related behaviors [rev. 9/22/981;
5. An agreement to follow specific after -care requirements with the understanding
that violation of the re-entry contract is grounds for termination. [rev. 9/22/98]
Sysfem Confacfs [rev. 9/22/98]
Any person having questions regarding this policy or any aspect of the drug -
free and alcohol -free transit program should contact the following transit
system representative:
Program Manager:
Transfort/Dial-A-Ride General Manager
Address:
Transfort/Dial-A-Ride
6570 Former Road
Fort Collins, Colorado
Telephone:
(970)224-6032
Fax:
(970)221-6285
Medical Review Officer: Contact Transfort/Dial-A-Ride General Manager
for current officer.
Substance Abuse Professional: Contact T7ansfort/Dial-A-Ride General
Manager for current professional.
The name, address, and phone number of the current Program Manager, the
Medical Review Officer, the Substance Abuse Professional, collection sites,
and the certified laboratory used to test samples shall be conspicuously posted
in an area where all safety -sensitive employees will have ready access to it.
[rev. 9/4/02]
8.18.12 Employee Training and Effects of Alcohol [rev. 5/9/01 ]
A. All safety -sensitive employees will attend at least 60 minutes of training
on the effects and consequences of prohibited drug use on personal health,
safety, and the work environment, and the signs and symptoms which may
Indicate prohibited drug use. This training will also include information
on the effects and consequences of this drug and alcohol testing program
and this policy. [new 5/9/01 ]
R Alcohol is a socially acceptable drug that has been consumed throughout the world
for centuries. It is considered a recreational beverage when consumed in moderation
City of Fort Collins Personnel Policies and Procedures
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for enjoyment and relaxation during social gatherings. However, when consumed
primarily for its physical and mood -altering effects, it is a substance of abuse.
C. Pursuant to the FTA regulations, the following is a discussion of:
1. The effects of alcohol misuse on an individual's health, work, and personal life;
2. The signs and symptoms of an alcohol problem; and
3. The available methods of intervening when an alcohol problem is suspected.
D. Effects on Health
1. Alcohol is a central nervous system depressant. As such, it slows down physical
responses and progressively impairs mental functions. Alcohol also depresses
the brain centers for self-control and inhibition, leading to loud and aggressive
behavior, which make alcohol appear to act like a stimulant.
2. Alcohol use can cause unconsciousness, coma, respiratory failure, and death.
It can have long degenerative effects on many body organs, including the liver,
stomach, intestines, heart, and brain. The chronic consumption of alcohol
( average of three servings per day of beer [ 12 ounces], whiskey [one ounce], or
wine [ six ounces]) over time can result in the following health hazards:
a. Decreased sexual functioning;
b. Dependency (up to 10% of all people who drink alcohol become physically
dependent on alcohol and can be termed "alcoholic");
c. Fatal liver diseases;
d. Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast,
and malignant melanoma ( skin cancer);
e. Kidneydisease;
L Pancreatitis;
g. Spontaneous abortion and neonatal mortality;
h. Ulcers; and
L Birth defects (up to 54% of all birth defects are alcohol related).
E. Effects on Work
1. Alcohol dulls sensation and impairs vision, memory, coordination, and
judgement. This can lead to risky behavior, i.e. dangerous driving. Impairment
in coordination can be objectively measured with as little as two drinks in the
body. It takes an hour for the average person (150 pounds) to process one
serving of an alcoholic beverage from the body. A person who is legally
City of Fort Collins Personnel Policies and Procedures
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intoxicated is six times more likely to have an accident than a sober person.
[rev.6/l/051
2. The estimated cost of alcohol abuse is about $117 billion annually. This figure
includes medical bills, time lost from work, decreased job efficiency and property
damage.
F. Effects on Personal Life
1. The impact of alcohol abuse goes beyond the problem drinker. Each alcoholic
affects the lives of four to seven people. Alcohol abuse is a leading cause of
child abuse and neglect. It also figures prominently in spousal abuse. Alcohol
during pregnancy can cause birth defects, including Fetal Alcohol Syndrome.
[rev. 9/22/98]
2. Each year in the U.S., over 100,000 deaths are related to alcohol. This figure
includes deaths from vehicular accidents, drownings, suicides, and numerous
physical ailments. This makes alcohol the third leading cause of death in America.
The annual toll is broken down as follows: [rev. 9/22/98]
a. 24,000 people will die on the highway due to the legally impaired driver;
b. 12,000 more will die on the highway due to the alcohol -affected driver;
c. 15,800 will die in non -highway accidents;
d. 30,000 will die due to alcohol -caused liver disease;
e. 10,000 will die due to alcohol -induced brain disease or suicide; and
f. Up to another 12,500 will die due to alcohol -related conditions or acci-
dents.
3. The following are additional social issues related to alcohol: [rev. 9/22/98]
a. Two-thirds of all homicides are committed by people who drink prior to the
crime;
b. Two to three percent of the driving population is legally drunk at any one
time. This is doubled at night and on weekends;
c. Two-thirds of all Americans will be involved in an alcohol -related vehicle
accident during their lifetime;
d. The rate of separation and divorce in families with alcohol dependency prob-
lems is seven times the average;
e. 40% of family court cases are alcohol problem related; and
f. Alcoholics are 15 times more likely to commit suicide than are other seg-
ments of the population.
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G. Signs and Symptoms of an Alcohol Problem
1. Alcohol causes both psychological and physical dependence. When a drinker
uses alcohol as an escape from problems and stress and comes to depend on the
drug for relief, psychological dependency is present. [rev. 9/22/98]
2. When repeated drinking produces tolerance (which is a need to consume more
of the drug to obtain the same effect), and the drinker's body needs alcohol to
function, physical dependence has developed. Once dependent, many drinkers
experience withdrawal symptoms when they stop drinking. [rev. 9/22/98]
3. Alcoholism is a disease characterized by, among other things, the drinker's loss
of control over his or her consequences. In general, people are said to have a
problem with alcohol, or be alcoholic, if they cannot control their drinking, if
they are dependent on the drug, and if their drinking has a negative impact on
their physical or mental health, their families, friends, and jobs. [rev. 9/22/98]
4. How a person using alcohol appears/behaves: [rev. 9/22/981
a. Poor muscle coordination
b. Dulled mental process
c. Slowed reaction rate
d. Staggering
e. Red eyes
f. Possible constricted pupils
g. Poor or slurred speech
h. Hygiene
L Lack of social control
j. Sleepy or stuporous condition
k. Loss of inhibitions
1. Lack of concentration
m. Confusion
n. Aggressive or violent behavior
o. Odor of alcohol on breath
5. Signs of alcohol misuse on-the-job include: [rev. 9/22/981
a. Absenteeism
b. On-the-job absenteeism
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c.
Tardiness
d.
Accidents
e.
Missed deadlines
f.
Increased nervousness
g.
Greater irritability
h.
Procrastination, delays
i.
Red or bleary eyes
j.
Erratic productivity
k.
Hand tremors
1.
Flushed face
m.
Poor concentration
n.
Undependable
o.
Aggressiveness
p.
Personal problems
q.
Financial problems
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urine drug testing and breath alcohol testing for safety -sensitive positions and prohibits
performance of safety -sensitive functions when there is a positive test result. The U.S.
Department of Transportation ( DOT) has also published 49 CFR Part 40, as amended,
that sets standards for the collection and testing of urine and breath specimens. In
addition, the Federal Government published 49 CFR Part 29, "The Drug -Free Workplace
Act of 1988", which requires the establishment of drug -free workplace policies and
reporting of certain drug -related offenses to the FTA. This policy identifies the
requirements for the City of Fort Collins transit employees safety -sensitive employees.
The City intends to keep this policy current with the latest relevant federal regulations.
[rev. 9/4/02 ]
8. J&3 Applicability
A. This policy applies to all City of Fort Collins transit employees who perform a safety -
sensitive function as identified as follows and are regulated by the FTA.
B. The FTA identifies safety -sensitive employees functions as follows:
[rev. 10/14/05 ]
1. Operating revenue service vehicles in or out of service;
2. Dispatch or controlling movement of a revenue service vehicle;
3. Maintaining a revenue service vehicle/exception to Sec.531 I agencies;
4. Security personnel carrying firearms;
5. Supervisors who control the movement of a revenue service vehicle;
6. Operating a non -revenue service vehicle, when required to be operated by a
holder of a Commercial Driver's License. [rev. 10/14/05]
C. A list of the City of Fort Collins transit positions (including Fleet Services positions)
that have been identified as safety sensitive is as follows:
1. Employees operating a revenue service vehicle in or out of service;
[rev. 6/1/051
2. Employees operating a non -revenue service vehicle which requires a CDL;
[rev. 6/1/05]
3. Employees that dispatch or that are controlling movement of a revenue service
vehicle; [rev.6/1/05]
4. Employees that maintain a revenue service vehicle; [rev. 6/1/05]
5. Employees that provide security and carry a firearm; [rev. 6/1/05]
6. Employees that are supervisors who perform these functions;
[rev. 6/1/05]
7. Non -employee volunteers are exempt, unless a CDL is required or un-
less the volunteer receives remuneration in excess of his or her actual expenses
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incurred while engaged in the volunteer activity.
[rev. 10/14/05 ]
D. Safety -Sensitive Job Titles
1. Field Coordinator [rev. 6/1/05]
2. Transfort Operations Supervisor [rev. 6/1/05]
3. Dispatcher/Scheduler [rev. 6/1/05]
4. Bus Operator [rev. 6/1/05]
5. Parts Assistant [rev.6/1/05]
6. Apprentice Mechanic [rev. 6/1/05]
7. Mechanic [rev. 6/1/05]
8. Shop Foreman—Transfort [rev. 6/1/051
9. Maintenance Worker [rev. 6/1/051
10. Transfort Safety £r Training Supervisor [new 6/1/05 ]
11. Bus Cleaner [new 6/1/051
12. Bus Fueler [new 6/1/05]
E. This policy applies to all City of Fort Collins transit employees who perform safety -
sensitive functions anytime they are on duty and are regulated by City of Fort Collins
Policy. This includes: [rev. 6/1/05
1. Full-time employees.
2. Paid part-time employees.
3. Contract employees when they are on transit property or when performing any
transit -related safety -sensitive business.
F. The City shall analyze the job duties of any newly created transit positions to
determine whether or not the new position is safety -sensitive, and therefore subject
to this policy. [new 9/4/021
S.18.4 Prohibited Substances
"Prohibited substances" addressed by this policy under authority of the City include
the following:
1. Illegally Used Controlled Substances Or Drugs
Any illegal drug or substance identified in schedules I through V of Section 202 of the Controlled
Substance Act (21 U.S.C. '812), and as furtherdefined by21 CFR 1300.11 through 1300.15.
This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine
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(PCP), and cocaine, as well as any drug not approved for medical use by the U.S.
Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal
use includes use of any illegal drug, misuse of legally prescribed drugs, and use of
illegally obtained prescription drugs.
2. Legal Drugs
a. 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 judgement may be
adversely affected must be reported to supervisory personnel and medical advice
along with a release to work statement from a licensed physician must be sought
by the employee, as appropriate, before performing work -related duties.
b. A legally prescribed drug means that individual has a prescription or other written
approval from a physician for the use of a drug in the course of medical
treatment. It must include the patient's name, the name of the substance,
quantity/amount to be taken, and the period of authorization. The misuse or
abuse of legal drugs while performing transit business is prohibited.
3. Alcohol
The use of beverages or substances containing alcohol including
medication, mouthwash, food, candy, or any substance such that alcohol
is present in the body while performing transit business is prohibited. The
concentration of alcohol is expressed in terms of grams of alcohol per 210liters of
breath as measured by an evidential breath testing device. [rev. 6/1/05 j
MS Prohibited Conduct
A. Manufacturing, Trafficking, Possession, and Use
City of Fort Collins policy and the Drug Free Workplace Act prohibit all transit
system employees from engaging in the unlawful manufacturing, distribution,
dispensing, possession, or use of prohibited substances on City premises, in transit
vehicles, in uniform, or while on City business. Employees who violate this provision
will be subject to disciplinary action up to and including termination consistent
with the City's discipline code. Law enforcement shall be notified, as appropriate,
where criminal activity is suspected.
R Intoxication/Under the Influence
Under City of Fort Collins authority all transit employees that are reasonably suspected
of being intoxicated, impaired, under the influence of a prohibited substance, or
not fit for duty shall be suspended from job duties pending an investigation and
verification of condition. Under FTA's authority safety -sensitive employees
found to be under the influence of prohibited substances or who fail to
pass a drug or alcohol test shall be removed from duty and subject to
disciplinary action, up to and including termination consistent with the City's
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discipline code. A drug or alcohol test is considered positive if the individual
is found to have a quantifiable presence of a prohibited substance in the
body above the minimum thresholds defined in 49 CFR Part 40, as amended.
[rev. 6/1/05]
C. Alcohol Use
No employee shall report for duty or remain on duty when his/her ability
to perform assigned safety -sensitive functions is adversely affected by
alcohol or when his/her breath alcohol concentration is 0.04 or greater. No
safety -sensitive employee shall use alcohol while performing safety -
sensitive functions, or just before, or just after performing a safety -sensitive
function. Additionally, the City prohibits any safety -sensitive employee from
consuming alcohol while on duty or in uniform. No safety -sensitive employee
shall use alcohol within four hours of reporting for duty, or during the
hours that they are on call. Violation of these provisions is prohibited and
punishable by disciplinary action up to and including termination consistent with
the City's discipline code.
D. Compliance with Testing Requirements
All safety -sensitive employees will be subject to urine drug testing and
breath alcohol testing as a condition of employment. Any safety -sensitive
employee who refuses to comply with request for testing shall be removed
from duty and under the City's authority, his/her employment terminated. Any
safety -sensitive employee who is suspected of providing false information
in connection with a test, who is suspected of falsifying, tampering,
contaminating, or adulterating the specimen, or substituting another
specimen will be required to undergo an observed collection. Verification of
these actions will result in the employee's removal from duty and under the City's
authority, his/her employment terminated. Refusal to test constitutes a positive
test and any of the following shall be considered a refusal: [rev. 6/1/05 ]
1. failure to privide a urine specimen or breath sample; [new 10/14/05 ]
2. an inability to provide a sufficient urine specimen or breath sample
without a valid medical explanation; [rev. 10/14/05 ]
3. tampering with or attempting to adulterate the specimen or collection
procedure; [rev. 10/14/05]
4. verbal declaration, obstructive behavior, refusal to sign Step 2 of the
Alcohol Testing Form; [rev. 10/14/05]
5. physical absence resulting in the inability to conduct the test;
[rev. 10/14/05 ]
6. substituting a specimen; [rev. 10/14/05]
7. not reporting to the collection site in the time allotted; [rev. 10/14/05]
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
8. leaving the collection site prior to test completion; [rev. 10/14/05 ]
9. failure to permit an observed or monitored collection when required;
[rev. 10/14/05 ]
10, failure to take a second test when required; [rev. 10/14/05 ]
11. failure to undergo a medical examination when required; [rev. 10/14/05 ]
12. failure to cooperate with any part of the testing process; [rev. 10/14/05 ]
13. failure to remain readily available for testing following an accident.
[rev. 10/14/05]
14. failure to appear for any test (except a pre-employent test)within a
reasonable time, as determined by the City, consistent with applicable
DOT agency regulations, after being directed to do so by the City; or
[new 10/14/051
15. having a verified adulterated or substituted test result. [new 10/14/05 ]
E. Treatment Requirements
The City policy encourages all employees to make use of the available resources for
treatment of alcohol misuse and illegal drug use problems. Under certain
circumstances, City policy may require employees to undergo treatment for substance
abuse or alcohol misuse as defined in a Last Chance Agreement. Any employee
who refuses or fails to comply with the transit system requirements for treatment,
after care, or return to duty as specified in the Last Chance Agreement shall be
subject to disciplinary action, up to and including termination. The cost of any
treatment or rehabilitation services will be paid for directly by the employee or his/
her insurance provider. Employees will be allowed to take accumulated sick leave,
vacation leave, or leave without pay to participate in the prescribed rehabilitation
program.
F. Notifying the Transit System of Criminal Drug Conviction
As required by the Drug Free Workplace Act, all employees are required to notify the transit
system of any criminal drug statute conviction for a violation occurring in the workplace within
five days after such conviction. Failure to comply with this provision shall result in
disciplinary action, up to and including termination.
G. Proper Application of the Policy
The transit system is dedicated to assuring fair and equitable application of this
substance abuse policy. Therefore, under City authority, supervisors/managers are
required to use and apply all aspects of this policy in an unbiased and impartial
manner. Any supervisor/manager who knowingly disregards the requirements of
this policy, or who is found to deliberately misuse the policy in regards to
subordinates, shall be subject to disciplinary action, up to and including termination.
City of Fort Collins Personnel Policies and Procedures
Revised. February 17, 2007
Section 8
8.18.6 Testing Procedures
A. Testing shall be conducted in a manner to protect the employee and the
integrity of the drug and alcohol testing process, safeguard the validity of
the test results, and ensure the test results are attributed to the correct
employee. The testing process will use laboratory facilities which have
been approved by the U.S. Department of Health and Human Services
(DHHS). All testing will be conducted with the procedures put forth in 49
CFR Part 40 and 655, as amended. The testing laboratory, the MRO, and the
City shall maintain those records and processing protocols necessary to
ensure compliance with 49 CPR Part 40. The testing laboratory will be
required to maintain the long term frozen storage of positive samples as
specified by 49 CFR Part 40. The integrity of the process is ensured through
the following: picture identification of the employee, Federal Drug Custody
and Control Form with unique specimen identification number completed
by a trained collection site person who insures that the Custody and Control
Form is completed correctly and signed and certified by the donor (drug
test), collection of Split Sample specimens that are sealed and initialed by
the donor (drug test), and use of an approved evidential breath testing
device that displays and prints unique sequential numbers and is capable
of producing three copies of the test result (alcohol test). [rev 9/4/021
R Once an employee has been asked to test, the City and the regulations
require the employee to have in his/her possession at the testing facility a
photo identification and sign completed testing forms. [rev. 6/1/05
C. The drugs that will be tested for include marijuana, cocaine, opiates,
amphetamines, and phencyclidine. An initial drug screen will be conducted
on each urine specimen. For those specimens that are not negative, a
confirmation Gas Chromatography/Mass Spectrometry (GC/MS) test will
be performed. The test will be considered positive if the amounts present
are above the minimum thresholds established in 49 CFR Part 40.87, as
amended. In the event there is reason to believe an employee is abusing a substance
other than the five drugs listed above, the City of Fort Collins reserves the right to
test for additional drugs under the transit system's own authority for safety -sensitive
employees using standard laboratory testing protocols. Drug testing may be
performed while an employee is on duty regardless of when a safety -
sensitive function is or has been performed. [rev. 10/14/05 ]
D. Tests for breath alcohol concentration 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). The BAT will complete a Federal Breath Alcohol Testing form and
ensure that it is signed by the donor. If the initial test indicates an alcohol
concentration of 0.02 or greater, a second test will be performed to confirm
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
the results of the initial test. Alcohol testing will be performed just prior
to, just after, or during the performance of a safety -sensitive function. A
safety -sensitive employee who has a confirmed alcohol concentration of
greater than 0.02 but less than 0.04 will be removed from his/her position
for 8 hours unless a retest results in a concentration of less than 0.02. Under
City authority, the inability to perform safety -sensitive duties due to an alcohol test
result of greater than 0.02 but less than 0.04 will be considered an unexcused
absence subject to transit system disciplinary action up to and including termination
of employment. [rev. 6/1/051
E. An alcohol concentration of 0.04 or greater will be considered a positive
test and in violation of this policy and a violation of the requirements set
forth in 49 CFR Part 655 for a safety -sensitive employee. Any safety -
sensitive employee that has a confirmed positive drug or alcohol test
(random, reasonable suspicion, post -accident, return -to -duty, or follow-
up) or refuses to test will be removed from his/her position, informed of
the educational and rehabilitation programs available, and referred to the
Substance Abuse Professional (SAP) for assessment. Apositive drug and/or
alcohol test will also result in disciplinary action up to and including termination
consistent with the City's discipline code and provisions set forth in an individuals
Last Chance Agreement. [rev.9/4/02]
F. 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.
[new 6/1/05 ]
G. The transit system affirms the need to protect individual dignity, privacy, and
confidentiality throughout the testing process.
H. The Medical Review Officer (MRO) is responsible for reviewing and
interpreting confirmed positive test results and plays a very important role
in assuring the accuracy and validity of test results. The MRO shall be a
licensed physician with knowledge of substance abuse disorders and must
meet the qualifications set forth in 49 CPR 40.121. The MRO shall follow
the procedures set forth in 49 CFR Part 40. All test results are reviewed by
the MRO. The MRO will attempt to confidentially contact the employee
to discuss the test results and to obtain additional information to
determine if there is a legitimate medical explanation for the test result.
If an employee is contacted by the MRO for a positive test result it is the
responsibility of the employee to call the MRO back and discuss the test.
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
If it becomes necessary for the MRO to reach the employee through the
designated management official, the designated management official shall
employ procedures that ensure, to the maximum extent practicable, the
requirement that the employee contact with the MRO is held in confidence.
[rev. 6/1/05]
L 18.7 Testing Circumstances
A. Employee Requested Testing of Split Sample [rev. 9/4/02]
Any safety -sensitive employee who questions the results of a required drug
test under the following paragraphs of this section may request that the
split specimen be tested. This test must be conducted at a DHHS-certified
laboratory different and not affiliated with the laboratory that performed
the analysis on the initial specimen. The test must be conducted on the
split sample that was provided by the employee at the same time as the
original sample. If the analysis of the split specimen fails to reconfirm the
presence of the drug or drug metabolite found in the primary specimen, or
if the split specimen is unavailable, inadequate for testing or untestable,
the MRO shall cancel the test and report cancellation and the reasons for
it to the DOT, the City and the employee. All costs for such testing are paid by
the employee unless the result of the split sample test invalidates the results of the
original test or the individual does not have the financial means to pay for the test.
The method of collecting, sorting, 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 (MRO) within 72 hours of notice of the original sample
verified test result. Requests after 72 hours will only be accepted if the
delay was due to documentable facts that were beyond the control of the
employee. [rev. 5/9/01 ]
R Pre -Employment Testing
All applicants conditionally offered employment for safety -sensitive
positions or conditionally offered transfers from non -safety -sensitive
positions to safety -sensitive positions shall undergo pre -employment drug
testing and provide the test sample to an approved collection location within 48
hours of receiving the conditional offer of employment or transfer. Additionally,
when a safety -sensitive employee has not performed a safety sensitive
function for 90 consecutive calendar days or more, regardless of the reason,
and the employee has not been in the random selection pool during that
time, the employee shall take a pre -employment drug test. Receipt by the
transit system of a negative drug test result is required prior to employment.
If a test is cancelled, the applicant must retake and pass a drug test before
being allowed to perform safety -sensitive duties. Refusal to consent 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
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8