City policy Drug and Alcohol Screening Procedure

• Drug and alcohol abuse is a serious problem that causes grief for employees and significant costs.
• The goal is to maintain a drug-free workplace to prevent errors, injuries, and other issues.
• Set procedures provide guidelines for alcohol and drug screening.
• Screening types include: random, follow-up, post-accident, reasonable suspicion, repeat positive tests, and pre-employment.
• Applies to all city employees, complying with the Omnibus Transportation Employee Testing Act of 1991 and DOT rules.
• DOT tests are separate from non-DOT tests.
• HR specifies if a test is DOT or non-DOT.

Pre-employment Screening Procedure

• Supervisor informs job candidate that the position is contingent on passing a pre-employment drug screen, and DOT physical/functional capacity evaluation if needed.
• The candidate will receive an email with drug testing information.
• PPA sends the email with drug test details.
• PPA notifies the timekeeper of drug test results; informs timekeeper candidate is cleared if hired.

CDL Holders: Random Testing

• DER submits a list of CDL holders to a third-party administrator monthly.
• The third-party administrator pulls a random list each month per FMCSA regulations.
• DER notifies the supervisor or department representative.
• Supervisor notifies selected CDL operator(s) to be tested while on duty.
• Supervisor advises if screening is at Concentra or on the job site.
• CDL operator has two hours to arrive at the site and be available for testing.

CDL Holders: Follow-up Screening

• DER sets up a random follow-up schedule with Concentra for positive CDL holders.
• Concentra notifies the supervisor and DER of the random test per the schedule.
• Supervisor notifies the employee the day of a random follow-up test.
• Supervisor ensures the employee has time to test while on the clock.

CDL Holders: Post-Accident Screening

• Supervisor reports immediately.
• If the accident involves loss of life, a towed vehicle, a moving violation, or reasonable suspicion, then the employee will undergo a drug and alcohol screen.
• If able, the supervisor contacts Concentra to advise that the transported employee will arrive soon. DOT testing is specified.
• Testing is arranged ASAP, up to two hours from the accident.
• After-hours accidents require a call to Concentra for on-site screening.
• Screening location must have a restroom for the on-call technician.
• After screening, the supervisor arranges a ride home.
• The employee is placed on paid administrative leave until screening results.
• If results are negative, the employee returns to work.

Reasonable Suspicion Testing

• The supervisor observes and documents behaviors suggesting substance influence.
• A second supervisor observes the appearance and behavior if available.
• If the employee appears impaired, they will be taken for screening under the city's drug and alcohol policy within eight hours.
• Alcohol test is not required if the employee is caught with alcohol, as possession warrants immediate removal per city policy.
• Reasonable suspicion may be supported by two or more of the following: illegal substances in possession, observations of substance use, odor of alcohol/chemicals, or poor physical coordination.
• Other supporting factors include changes in work performance, increased accidents, failure to follow procedures, poor judgment, or inability to follow directions.
• Further factors include changes in hygiene, social withdrawal, disregard for safety, abusive behavior, accidents where carelessness is a factor, credible information about substance abuse, unexplained absenteeism, or arrest/conviction for drug/alcohol violations.
• Drives the employee to Concentra, or assigns someone to do so. After-hours calls require on-site testing with a restroom available.
• Arrangements will then be made to get the employee home after screening.
• The employee is placed on paid administrative leave until results.
• The supervisor and a second observer document behavior leading to testing.
• If results are negative, the employee returns to work.
• The employee is subject to positive test results protocol if results are positive.

Testing and Notification Process: Breath Alcohol Screen

• Test performed at Concentra via breathalyzer.
• If negative, the employee returns to duties.
• The facility notifies the HR consultant or designated department representative.
• If also testing drugs, the employee does not return to duties until a negative drug screening result.
• If the alcohol screen is positive, the technician conducts a confirmation test 15 minutes later.
• If the confirmation test is positive, the technician advises the employee while still at the site.
• The technician also notifies the HR consultant or designated department representative.

Drug Screen

• Test performed at Concentra using a urine sample.
• Concentra sends the sample to the lab to be tested.
• The lab sends results to the MRO at eScreen.
• If positive, the MRO contacts the employee to find the cause.
• If the employee does not return calls, the MRO notifies the DER.
• If the employee fails to respond within a timeframe, the MRO reports the test as positive to the DER.
• After required information is provided, the MRO determines if the test is positive or negative.
• If the employee fails to provide data or the substance is illegal, the MRO deems the test as positive and notifies the DER.
• The DER notifies the employee's supervisor of a positive result ASAP.

Positive Test, Including Cases Treated as Positive Due to Refusal to Test Alcohol

• For CDL holders only, from .02 to .04 concentration, the employee cannot perform safety-sensitive duties for 4 hours.
• If .04 or greater, it is considered positive under FMCSA.

Drugs

• CDL holders are subject to FMCSA cut-off limits.
• Non-CDL holders are subject to generally accepted limits.

Refusal to Test

• It is treated the same as a positive test result.
• The employee refused to test if he/she fails to appear in a reasonable time, fails to stay at the site, or fails to provide a urine sample.
• Refusal also includes failure to permit specimen observation.
• Refusal also includes possessing a device to interfere, attempting to tamper, or admitting to adulteration.
• If the MRO reports a positive drug test specimen is dilute, the retesting of the employee is not required.
• If the MRO directs recollection, arrange it under direct observation.

Addressing Positive Drug and/or Alcohol Tests

• The referral-and-return-to-duty process is an alternative to termination, subject to departmental discretion.
• If it is a repeat offense, procedure may be bypassed, proceeding to a pre-determination hearing.
• Supervisor removes the employee from duties if at the workplace.
• Supervisor places employee on paid administrative leave pending disciplinary action.
• Supervisor coordinates with the HR consultant, starting the disciplinary process.
• Supervisor removes the employee from paid administrative leave once decision is issued.
• The Employee takes suspension or is separated.
• If termination is not determined, 6 random drug tests over the next 12 months will be included in the decision letter.
• Supervisor consults HR to refer the employee to a substance abuse professional (SAP).
• The Employee makes appointment with the SAP.
• The SAP meets with the employee.
• The Employee signs a release-of-information form allowing SAP confirmation to confirm attendance and share with the DER.
• The Employee attends required classes and checks with SAP as needed.
• Upon program completion, the SAP tells the DER when the employee can return to work.
• The Employee contacts HR to schedule a return-to-work (RTW) test at Concentra.
• A Negative RTW test must be achieved within four weeks of a decision letter issuance.
• The HR consultant coordinates a RTW screen at Concentra.
• The SAP provides DER written recommended future action, including testing timeframes of six tests within 12 months.
• The HR consultant discusses the employee's return-to-work date after a negative result.
• The Employee uses paid time off to cover time between the decision letter and return.
• The Employee must take time off without pay if without sufficient time off.
• Considerations include whether it is the first offense and if there are other progressive issues.
• Non-CDL holders do not have to follow SAP; supervisor can offer counseling.
• The HR consultant will contact the DER to set up the counseling.
• Non-CDL holders do not take an RTW drug test.

Background Checks for Drug and Alcohol Testing Records of Candidate for CDL Operation

• The Supervisor asks the HR Consultant for assistance.

HR Consultant or Designated Individual Performing Background Check

• Asks the candidate seeking to perform a safety-sensitive role to provide written consent.
• It should allow the city to request information from DOT-regulated employers from the prior two years.
• Alcohol tests with a concentrate of 0.02 or higher, positive drug tests, and refusals to be tested.
• Other violations of DOT testing, and documentation of completed return-to-duty are also included.
• Seek information from the employee if the prior employer does not have return-to-duty information.
• The information includes any past drug or alcohol test information as applicable to DOT agency regulations.
• Obtains and reviews the information.
• The HR informs the hiring authority that the employee must not perform tasks after 30 days without documented effort.
• The HR advises the hiring authority that the candidate must not perform tasks per the regulations or has complied with duty requirements.
• The HR provides each employer with written consent to release.
• The previous employer maintains a record of information released.
• Asks candidate if they have tested positive or refused to test on a pre-employment test in the last two years.
• It may be needed if the candidate admits to a positive test to not allow tasks until documentation outlined in the section above is provided.
• Maintains a written, confidential record of information for three years.

HRIS Coordinator or Designated Individual

• If asked by a DOT-regulated employer to send information, forward the request to the HR consultant.
• The HR consultant will complete who would give the information to the employer and document what/when.
• Approved and passed December 31st, 2016.