CCR1996008COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #8-96
RESOLUTION TO ESTABLISH A DRUG AND ALCOHOL
TESTING POLICY (CDL)
WHEREAS, to Comply with Federal regulations, the City must begin
testing those employees with CDL's for drug and alcohol in 1996;
and
WHEREAS, the City wishes to establish a Drug and Alcohol Testing
Policy, which has been reviewed and recommended by the Public
Works Committee.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
Committee, does hereby establish the attached Drug and Alcohol
City of Muskego, upon the recommendation of the Public Works
Testing Policy for employees with a CDL.
DATED THIS 9th DAY OF JANUARY , 1996.
SPONSORED BY:
PUBLIC WORKS COMMITTEE
Ald. Domonic D'Acquisto
Ald. Mark Suhr
Ald. Brian R. Misko
This is to certify that this is a true and accurate copy of
Resolution #8-96 which was adopted by the Common Council of the
City of Muskego.
1/96 jmb
CITY OF MUSKEGO
DRUG AND ALCOHOL TESTING POLICY
January, 1996
Adopted by the Common Council of the City of Muskego this 9
day of January, 1996, Resolution No. 8-76
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TABLE OF CONTENTS
Table of Contents
City of Muskego Drug and Alcohol Testing Policy
Appendix A, Testing Procedures for Alcohol
Appendix B, Testing Procedures for Controlled
Substances
Appendix C, Employees Covered by This Policy &
Period of Day Drivers Are Required to Comply
With 49 CFR Part 382
Appendix D, Specimen Form
Appendix E, Identification of City Designated
Representative Substance Abuse Professional and
Employee Assistance Program
Drug and Alcohol Testing Discipline Guidelines
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CITY OF MUSKEGO
RECORD OF DRUG AND ALCOHOL TESTING RECEIPT
TO ALL CDL EMPLOYEES:
Please sign and date below. Return receipt to your Department
Head.
Alcohol Testinq Policy for the City of Muskego.
I hereby acknowledge that I have received a copy of the Druq and
EMPLOYEE SIGNATURE DATE
DRUG AND ALCOHOL TESTING POLICY
CITY OF MUSKEGO
I. PURPOSE
The purpose of this policy is to help prevent accidents and
substances by drivers of commercial motor vehicles. This policy is
injuries resulting from the misuse of alcohol or use of controlled
intended to be consistent with, and in compliance with, the Omnibus
Transportation Employee Testing Act of 1991, and the U.S.
Department of Transportation Federal Highway Administration's drug
and alcohol testing rules, regulations and procedures contained in
Title 49 CFR. Nothing herein shall preclude the City from
establishing rules, regulations, policies and/or procedures
governing the misuse of alcohol and/or the use of controlled
substances, so long as such rules, regulations, policies and/or
procedures do not conflict with the specific requirements of Title
49 CFR.
If. APPLICABILITY
This policy applies to every employee who is subject to the
operates a commercial motor vehicle and includes full time drivers,
commercial driver's license (CDL) requirement, any person who
casual, intermittent or occasional drivers and any person applying
for a job driving a commercial motor vehicle.
Specific information about what categories of employees are subject
to alcohol and controlled substances testing is contained in
Appendix C. This Appendix also contains information regarding the
safety-sensitive functions performed by these employees and the
periods of the work day during which employees must be in
compliance with this policy.
111. DEFINITIONS
A.
B.
C.
ALCOHOL: Alcohol means the intoxicating agent in beverage
alcohol, ethyl alcohol, or other low molecular weight alcohols
including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION (or content): Alcohol concentration (or
content) means the alcohol in a volume of breath expressed in
terms of grams of alcohol per 210 liters of breath as indicated
by an evidential breath test.
ALCOHOL TEST: An alcohol test is a test conducted by a Breath
Alcohol Technician, or any other person approved by the
Testing Device to measure the amount of alcohol concentration
Department of Transportation rules, using an Evidential Breath
in a volume of breath, or any other test used to detect the
Administration.
presence of alcohol that is approved by the Federal Highway
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D.
E.
F.
G.
0
H.
0
ALCOHOL USE: Alcohol use means the consumption of any
beverage, mixture, or preparation, including any medication
containing alcohol.
BREATH ALCOHOL TECHNICIAN (BAT): A Breath Alcohol Technician
is a trained individual who instructs and assists individuals
in the alcohol testing process and who operates the evidential
breath testing device.
CITY-DESIGNATED REPRESENTATIVE (CDR): CDR means the primary
contact person(s) designated by the City to receive all
Breath Alcohol Technician, the Substance Abuse Professional
information and/or reports from the Medical Review Officer, the
person for driver inquiries regarding this policy and the
and the laboratories. The CDR is also the designated contact
Federal Highway Administration (FHWA) regulations.
COMMERCIAL MOTOR VEHICLE: A commercial motor vehicle means
a motor vehicle or a combination of motor vehicles used in
commerce to transport passengers or property if the motor
vehicle -
01 1. And a towed unit have a gross combination weight of 26,O
vehicle weight rating of more than 10,000 pounds; or
or more pounds inclusive of a towed unit with a gross
2. Has a gross vehicle weight of 26,001 or more pounds; or
3. Is designed to transport 16 or more passengers, including
the driver; or
4. Is of any size and is used in the transportation of
materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act and which requires
the motor vehicle to be placarded under the Hazardous
Materials Regulations (49 CFR 172, Subpart F).
CONFIRMATION TEST:
1. For alcohol testing, a confirmation test means a second
test following a screening test with a result of 0.02 or
greater. Confirmation of the screening must be by an
Evidential Breath Testing (EBT) device listed on the
National Highway Traffic Safety Administration's (NHTSA)
Conforming Products List (CPL), and must be capable of
printing out each test result and air blank, and must
sequentially number each test.
2. For controlled substances testing, a confirmation test
means a second analytical procedure to identify the
presence of a specific drug or drug metabolite which is
independent of the screen test and which uses a different
technique and chemical principle from that of the screen
test in order to ensure reliability and accuracy. Gas
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I.
J.
K.
L.
M.
N.
0.
P.
Chromatography/Mass Spectrometry (GC/MS) is the authorized
confirmation method for cocaine, marijuana, opiates,
amphetamines and phencyclidine.
CONTROLLED SUBSTANCE: Controlled substances include cocaine,
marijuana, opiates, amphetamines, and phencyclidine, and any
other substance determined by the Department of Transportation
to be a controlled substance.
CONTROLLED SUBSTANCE TEST: A method of determining the
presence of controlled substances in a urine sample using a
procedures specified in 49 CFR 40.
scientifically reliable method performed in accordance with
DRIVER: Any employee of the City of Muskego required to have
and maintain a Commercial Drivers License (CDL) and who is
direction of, or with the consent of, the City.
subject to operating a Commercial Motor Vehicle at the
EVIDENTIAL BREATH TESTING DEVICE (EBT): An evidential breath
testing device is a device approved by the National Highway
Traffic Safety Administration (NHTSA) and placed on the NHTSA's
Conforming Product List and is used for the evidential testing
of breath.
FOLLOW-UP TEST: A follow-up test is an alcohol and/or
violated the prohibitions of this policy and who has been
controlled substances test administered to a driver who has
permitted to return to duty after passing a return-to-duty
alcohol and/or controlled substances test.
MEDICAL REVIEW OFFICER (MRO): A Medical Review Officer is a
licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by the
City's drug testing program who has knowledge of substance
abuse disorders and has appropriate medical training to
interpret and evaluate an individual's confirmed positive test
result together with his or her medical history and any other
relevant biomedical information.
ON-DUTY TIME: All time spent providing a breath sample or
primary urine specimen, including travel time to and from the
collection site, in order to comply with the random, reasonable
suspicion, post-accident or follow-up testing as directed by
the City.
POST-ACCIDENT TEST: A post-accident test is an alcohol and/or
controlled substances test administered to a driver performing
safety-sensitive functions with respect to a commercial motor
vehicle following an accident involving such commercial motor
vehicle under the following circumstances:
1. The accident involved a loss of human life; or
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Q.
R.
S.
T.
U.
V.
2. The driver received a citation under State or local law
for a moving traffic violation arising from the accident.
PRE-EMPLOYMENT TEST: A pre-employment test is an alcohol
prior to the first time the individual performs a
and/or controlled substances test administered to an individual
safety-sensitive function upon appointment to a position
requiring the individual to hold a Commercial Driver's License.
RANDOM TEST: A random test is an alcohol and/or controlled
substances test administered to a driver who has been randomly
of City drivers subject to such tests.
selected by a scientifically valid method from among the pool
REASONABLE SUSPICION TEST: A reasonable suspicion test is an
alcohol and/or controlled substances test administered to a
driver as a result of a trained supervisor's or trained City
official's belief that the driver has violated the alcohol or
controlled substances prohibitions of this policy. A
reasonable suspicion determination must be based on specific,
contemporaneous, articulable observations concerning the
These observations may include indication of a chronic and
appearance, behavior, speech or body odors of the driver.
withdrawal effects of controlled substances.
REFUSAL TO SUBMIT (to an alcohol or controlled substances test)
means any of the following:
1.
2.
3.
4.
5.
A driver fails to provide adequate breath for testing
without a valid medical explanation after he or she has
received notice of the requirement for breath testing.
A driver fails to provide adequate urine for controlled
substances testing without a valid medical explanation
after he or she has received notice of the requirement
for urine testing.
A driver engages in conduct that clearly obstructs the
testing process.
A driver fails to be readily available for post-
accident testing.
A driver fails to report to, and undergo, alcohol and
controlled substances testing at a collection site as
required.
RETURN-TO-DUTY TEST: A return-to-duty test is an alcohol
and/or controlled substances test administered to a driver who
has violated the prohibitions in this policy prior to the
driver being permitted to return to duty.
SAFETY-SENSITIVE FUNCTION: A safety-sensitive function is the
operation of a commercial motor vehicle including the following
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w.
X.
Y.
2.
related activities:
1. Time spent at a facility waiting to be dispatched;
2. Inspecting or servicing the vehicle;
3. Driving, i.e., at the controls of the vehicle;
4. Resting the vehicle;
5. Loading or unloading the vehicle including the performance
of any related paperwork;
6. Performing those duties required of a driver involved in
a vehicle accident; or
7. Repairing or attending to a disabled vehicle.
SCREENING TEST (also known as an initial test):
1. In alcohol testing, a screening test means an analytical
procedure to determine whether or not a driver may have a
prohibited concentration of alcohol in his or her system.
2. In controlled substances testing, a screening test means
an immunoassay screen (or other DHHS-approved test) to
eliminate 'negative' urine specimens from further
consideration.
SUBSTANCE ABUSE PROFESSIONAL (SAP): A substance abuse
professional is a licensed physician (Medical Doctor or Doctor
of Osteopathy), or a licensed or certified psychologist, social
worker, employee assistance professional, or addiction
counselor (certified by the National Association of Alcoholism
and Drug Abuse Counselors Certification Commission) with
knowledge of, and clinical experience in, the diagnosis and
disorders.
treatment of alcohol and controlled substances-related
SUPERVISOR: A management or supervisory employee employed by
the City of Muskego.
SUSPENSION: An employee temporarily relieved of duty and sent
home for a specific length of time without pay.
AA. TRAINED SUPERVISOR OR TRAINED CITY OFFICIAL: A trained
supervisor or a trained City official is any City supervisor or
any City management employee who has received a minimum of 60
minutes of training on alcohol misuse and an additional minimum
of 60 minutes of training on controlled substance abuse. The
training shall cover the physical, behavioral, speech and
performance indicators of probable alcohol misuse and use of
controlled substances.
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IV. PROHIBITIONS
A. ALCOHOL
1.
2.
3.
4.
5.
0 6.
1.
8.
A driver is prohibited from reporting for duty or remaining
on duty while the driver is under the influence of, or
impaired by, alcohol.
A driver is prohibited from performing safety-sensitive
functions for 24 hours following an alcohol test result
than 0.04.
indicating an alcohol concentration of 0.02, but less
A driver is prohibited from reporting for duty during or
remaining on duty requiring the performance of safety-
sensitive functions while having an alcohol concentration
of 0.04 or greater.
A driver is prohibited from being on duty or operating a
commercial motor vehicle while the driver possesses
alcohol, unless the alcohol is manifested and transported
as part of a shipment.
A driver is prohibited from using alcohol while performing
safety-sensitive functions.
A driver is prohibited from performing safety-sensitive
functions within four (4) hours after using any alcohol.
A driver required to take a post-accident alcohol test is
prohibited from using alcohol for eight (8) hours following
the accident or until he/she undergoes a post-accident
alcohol test, whichever occurs first.
A driver is prohibited from refusing to submit to a post-
accident, random, reasonable suspicion, or follow-up
alcohol test. A driver is prohibited from refusing to
submit to a pre-employment or return-to-duty alcohol
test if required to do so by the City.
B. CONTROLLED SUBSTANCES
1. A driver is prohibited from reporting for duty or
remaining on duty requiring the performance of safety-
sensitive functions when the driver uses any controlled
substances, except when the use is pursuant to the
the substance does not adversely affect the driver's
instructions or a physician who has advised the driver that
ability to safely operate a commercial motor vehicle.
2. A driver is prohibited from reporting for duty, remaining
on duty, or performing a safety-sensitive function if the
driver tests 'positive' for controlled substances. 0
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3. A driver is prohibited from refusing to submit to a post-
accident, random, reasonable suspicion, or follow-up tests
for controlled substances. A driver is prohibited from
refusing to submit to a pre-employment or return-to-duty
controlled substances test if required to do so by the
City.
C. PRESCRIPTION DRUGS
Before performing work-related duties, employees must notify their
therapeutic drug containing a controlled substance, or are taking
supervisor if they are taking any legally prescribed medication or
measurable amount of alcohol or which carries a warning label that
any non-prescription medication or drug which contains any
indicates the employee's mental functioning, motor skills, or
A written report of this notification is to be filed by the City.
judgment may be adversely affected by the use of this medication.
It is the responsibility of the employee to inform his/her
physician of the type of safety-sensitive function that the
employee performs in order that the physician may determine if the
prescribed substance could interfere with the safe and effective
performance of the employee's duties or operation of City
equipment. However, as required by the Federal Regulations, any
employee who uses or possesses medication containing alcohol while
on duty or who tests positive for alcohol will be removed from
his/her position, and subject to the provisions of this Policy,
even though the reason for the positive alcohol test is the fact
that the employee's prescription medication contains alcohol.
A legally prescribed drug is one where the employee has a
prescription or other written approval from a physician for the use
must include the patient's name, the name of the substance,
of the drug in the course of medical treatment. The prescription
quantity/amount to be taken, and the period of authorization. The
misuse of abuse of legal drugs while performing City business is
prohibited by City Policy.
D. OTHER PROHIBITIONS
1. A driver is prohibited from refusing to sign a
Certification of Receipt for a copy of the City's Drug
and Alcohol Testing Policy with associated materials
upon receipt of the policy and materials.
2. Other prohibited conduct is specified in Appendices A
and B attached hereto.
3. City work rules that are not specifically cited in this
policy, and that are not inconsistent with the policy,
remain in full force and effect.
V. NOTICE
-a-
Before performing an alcohol and controlled substances test under
the requirements of the DOT rules and regulations, drivers being
tested shall be notified that the alcohol and/or controlled
substances test is required by 49 CFR Part 382.
VI. TESTING REQUIREMENTS - GENERAL
All alcohol and controlled substances testing will comply with the
procedures of Title 49 CFR Part 40.
A. GENERAL
1. Except for pre-employment and return-to-duty testing,
drivers shall be subject to alcohol testing only while
the driver is performing a safety-sensitive function, just
before the driver is to perform a safety-sensitive
function, or just after the driver has ceased performing
a safety-sensitive function.
2. Controlled substances tests required to be administered
to drivers may be administered at any time while the driver
is on duty for the City.
B. PRE-EMPLOYMENT TESTING (These provisions are on hold and in
abeyance and not applicable pending resolution of a challenge to
the enforceability through the judicial system).
1.
2.
3.
Prior to the first time a driver performs a safety-
sensitive function, the driver shall undergo testing
for alcohol and controlled substances.
No driver shall perform a safety-sensitive function unless
the driver has been tested for alcohol and controlled
result indicating an alcohol concentration less than
substances and has received an alcohol test with a
result from the Medical Review Officer indicating a
0.02, and has received a controlled substances test
verified 'negative' test result.
As a condition of employment, an individual applying for
a position requiring the performance of safety-sensitive
functions shall provide the City with written authorization
from previous employers to release to the City all records
from the previous two years of alcohol test results of 0.04
or greater, positive controlled substances test results,
and records of the individual's refusal to test,
administered in accordance with the FHWA's Rules and
Regulations concerning controlled substances and alcohol
use and testing. If this information is not received by
the City within 14 days following the first time the driver
performs a safety-sensitive function for the City, the
driver shall be prohibited from performing safety-
sensitive functions for the City.
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C. WM TESTING
1.
2.
3.
4.
5.
No fewer than 25% of the average number of driving
positions which are part of the pool established by the
City Authorized Representative (which pool shall include
City of Muskego employees subject to random testing) shall
undergo random alcohol testing in each calendar year, or a
sufficient number of drivers equal to an annual rate not
less than the minimum annual percentage determined by the
Federal Highway Administration Administrator.
No fewer than 50% of the average number of driving
positions which are part of the pool established by the
City Authorized Representative (which pool shall include
City of Muskego employees subject to random testing) shall
undergo random controlled substances testing in each
calendar year, or a sufficient number of drivers equal to
an annual rate not less than the minimum annual percentage
determined by the Federal Highway Administration
Administrator.
The selection of drivers for random testing, the timing and
tested on any given day shall be determined by the City.
frequency of random tests, and the number of drivers to be
The selection of drivers for random testing shall be made
by a scientifically valid method determined by the City's
Authorized Representative. Each driver shall have an equal
chance of being selected for testing each time selections
are made.
Random alcohol and controlled substances tests shall be
unannounced and shall be spread reasonably throughout the
year.
Drivers who are notified of selection for random alcohol
proceed to the test site immediately as instructed.
and/or controlled substances testing shall be required to
D. REASONABLE SUSPICION TESTING
1. A driver shall promptly submit to an alcohol or controlled
substances test-whenever a trained supervisor or trained
City official has a reasonable suspicion to believe that
the driver has violated the alcohol or controlled
substances prohibitions of this policy.
A determination that a reasonable suspicion exists that a
driver has violated the alcohol prohibitions must be based
on observations made during, just preceding, or just after
the period of the work day that the driver is performing a
safety-sensitive function.
No driver shall be subject to reasonable suspicion alcohol
testing later than eight (8) hours following the determina-
"
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4.
5.
6.
tion that reasonable suspicion exists to require the driver
to undergo such test.
A trained supervisor or trained City official who makes
conduct an alcohol test shall not conduct the alcohol
the determination that reasonable suspicion exists to
test of the driver.
A written record shall be made of the observations leading
to a controlled substances reasonable suspicion test and
shall be signed by the trained supervisor or trained City
official who made the observations within twenty-four (24)
hours of the observed behavior or before the results of
the controlled substances test are released, whichever
is earlier.
Notwithstanding the absence of a reasonable suspicion
alcohol test, no driver shall report for duty or remain on
duty requiring the performance of safety-sensitive
functions while the driver is under the influence of,
or impaired by, alcohol as shown by the behavioral, speech
and performance indicators of alcohol misuse.
E. POST-ACCIDENT TESTING
1. A surviving driver shall be subject to post-accident and
controlled substances testing as soon as practicable
following the accident.
2. A driver subject to post-accident testing shall be subject
to a breath alcohol test no later than eight (8) hours
no later than thirty two (32) hours following the
following the accident and to a controlled substances test
accident.
3. A driver who is subject to post-accident testing shall
remain readily available for such testing or shall be
deemed to have refused to submit to testing. Nothing
herein shall be construed to require the delay of
necessary medical attention or to prohibit the driver
from leaving the scene of the accident for the period of
time necessary to obtain assistance in responding to the
accident, obtain necessary medical treatment for
injured people, or to obtain materials necessary to
medical care.
secure the accident site or to obtain necessary emergency
4. If, in the sole discretion of the City, it is necessary
to assure the fairness and appropriateness of the
called in to assist in any necessary investigation.
investigation, an outside law enforcement agency may be
F. RETURN-TO-DUTY TESTING
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1.
2.
If a driver has an alcohol test result indicating an
alcohol concentration of 0.02 or greater, but less than
0.04, the driver shall be sent home for the remainder of
the shift without pay, and the drier shall be prohibited
from performing a safety-sensitive function until the start
of the driver's next regularly scheduled duty period, but
not less than twenty-four (24) hours following
administration of the test.
A driver who has undergone an alcohol test with a result
positive' for controlled substances, shall not be
of 0.04 or greater, or who has tested 'confirmed
permitted to perform a safety-sensitive function unless:
a.
b.
C.
d.
e.
The driver has been evaluated by a substance abuse
professional who shall determine what assistance,
associated with alcohol misuse and controlled
if any, the driver needs in resolving problems
substance use; and
Following a determination by a substance abuse
professional that the driver is in need of assistance
and/or use of controlled substances, the substance
in resolving problems associated with alcohol misuse
abuse professional has verified that the driver has
complied with, and remains in compliance with, any
and/or treatment programs.
and all prescribed or recommended rehabilitation
The driver has undergone a return-to-duty alcohol
test with a result indicating an alcohol concentration
of 0.02 or less before returning to duty if the driver
has violated the alcohol prohibitions; and
The driver has undergone a return-to-duty controlled
substances test with a result indicating a verified
negative result for controlled substances use if the
driver has violated the controlled substances
prohibitions.
The cost of return-to-duty testing shall be the
responsibility of the employee. The employee shall
not receive pay for time spent with return-to-duty
testing.
G. FOLLOW-UP TESTING
1. A driver who has undergone an alcohol test with a result of
0.04 or greater or who has tested 'confirmed positive' for
controlled substances, who is subject to, and has complied
with, the return-to-duty testing provisions above, and who
the following:
has been permitted to return to work shall be subject to
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0 a.
b.
C.
d.
e.
The driver shall be subject to unannounced follow-up
testing.
The number and frequency of such tests shall be
determined by the substance abuse professional, and
shall consist of at least six tests in the first 12
months following the driver's return to duty.
The substance abuse professional may terminate such
tests at any time after the first six tests have been
administered if he or she determines the tests are no
longer necessary. Follow-up testing shall not exceed
60 months after the driver's return to duty.
The driver shall be subject to such follow-up testing
substances if the substance abuse professional
for both alcohol misuse and use of controlled
determines testing for both alcohol and controlled
substances is recommended.
The cost of follow-up testing shall be the
responsibility of the employee. The employee shall
not receive pay for time spent with follow-up
testing.
VII. TESTING PROCEDURES
A. ALCOHOL TESTING PROCEDURES
1. Alcohol tests shall be administered by a Breath Alcohol
Technician (BAT) using an Evidential Breath Testing device
Federal Highway Administration approves administration of
(EBT) except that, if the Department of Transportation
tests by persons other than BATS or approves the use of
other methods of technologies for detecting the presence of
alcohol, then the administration of tests by such other
persons and/or the use of such other methods or
technologies shall be permitted under this policy.
2. Alcohol testing shall be conducted in accordance with
procedures set out in Appendix B.
B. CONTROLLED SUBSTANCES TESTING PROCEDURES
Controlled substances testing shall be conducted by a
DHHS-certified laboratory and in accordance with procedures set
out in Appendix B.
VIII. CONSEQUENCES FOR DRIVERS UNDER 49 CFR PART 382
A. A driver shall not be permitted to perform a 0 safety-sensitive function if the driver has engaged in
conduct prohibited by this policy.
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B. A driver who violates any of the requirements of Title 49
CFR Part 382 shall be subject to the penalty provisions
of 49 U.S.C. 521(b).
C. Any driver who refuses to submit to a required alcohol
or controlled substances test shall be prohibited from
driving.
D. The FHWA will disqualify drivers for one year, under the
procedures in 49 CFR Part 386, if a driver refuses to
submit to post-accident test after a fatal accident.
E. A driver is subject to discipline, including discharge,
for engaging in conduct prohibited by this Policy.
IX. CONFIDENTIALITY
A. All records required to be maintained under the FHWA
Rules and Regulations shall be maintained in a secure
location with controlled access.
B. Except as required by law or expressly authorized or
required by Title 49, CFR Subtitle B, Chapter 111,
Section 382.405, the City shall not release information
that is contained in records required to be maintained
under the FHWA Rules and Regulations.
C. Upon written request, a driver is entitled to copies
of any records pertaining to the driver's use of
controlled substances or alcohol, including any records
pertaining to his or her alcohol or controlled substances
tests.
D. All results of alcohol and/or controlled substances testing
conducted pursuant to this policy shall be made avaikable,
upon request, to the Secretary of Transportation, any
DOT agency, or any State or local officials with
regulatory authority over the City or any of its drivers.
E. Information related to post-accident test results
administered following an accident which is under
investigation by the National Transportation Safety
Board shall be released to the Board upon request.
F. Records shall be made available to a driver's subsequent
employer upon receipt of a written request from a driver
subject to the express terms of the driver's request.
G. The City may disclose information pertaining to a driver
that is required to be maintained under the FHWA Rules
and Regulations to the decision maker in a lawsuit,
grievance, or other proceeding initiated by, or on
behalf of, the driver, and including but not limited to,
a worker's compensation, unemployment compensation or
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n.
other proceeding relating to a benefit sought by the
driver, and arising from the results of an alcohol
and/or controlled substances test administered in
accordance with the FHWA Rules and Regulations, or
from the City's determination that the driver engaged
in conduct prohibited by the FHWA Rules and Regulations
The City will release information regarding a driver's
records as directed by the specific written consent
of the driver authorizing release of the information
to an identified person.
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APPENDIX A
TESTING PROCEDURES FOR ALCOHOL
1.
2.
3.
4.
5.
6.
7.
8.
9.
Drivers directed to undergo alcohol testing shall proceed
immediately to the designated test site as instructed.
Drivers shall follow. all procedures and instructions given by
the Breath Alcohol Technician (BAT) including completing,
signing, initialing, and/or dating any required forms or log
books. Failure to do so shall be considered a refusal to test
except that it shall not be considered a refusal to test when a
driver tests less than 0.02 alcohol concentration and the
driver fails to: (1) sign the certification in Step 4 of the
Breath Alcohol Testing Form, or (2) fails to initial the log
book entry for a test.
The testing site shall provide visual and aural privacy to the
driver, sufficient to prevent unauthorized persons from seeing
or hearing test results. All necessary equipment, personnel
and materials for breath testing shall be provided at the
location where the testing is conducted.
No unauthorized persons shall be permitted access to the
testing location when the EBT remains unsecured or, in order to
prevent such persons from seeing or hearing test results, at
any time when testing is being conducted.
In unusual circumstances (e.g., when it is essential to conduct
a test outdoors at the scene of an accident), a test may be
conducted at a location that does not fully meet the
requirements of paragraph 3, above. In such cases, the driver
shall be provided visual and aural privacy to the greatest
extent practicable.
The BAT shall supervise only one driver's use of the EBT at a
time and shall not leave the alcohol testing location while the
testing procedure for a given driver is in progress.
Upon entering the test site, the driver shall be required to
provide the BAT with positive identification. Positive
identification may take the form of a photo I.D. card or
identification by a supervisor or City official. On request of
the driver, the BAT shall provide positive identification to
the driver.
If a screening test of a driver indicates a breath alcohol
concentration of less than 0.02, no further alcohol testing of
that driver shall be conducted during this testing event.
breath alcohol concentration of less than 0.02, the BAT shall
If the result of a screening test of a driver indicates a
transmit the result to the City in a confidential manner, and
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a the City shall receive and store the information so as to
ensure that confidentiality is maintained.
10. If the result of a screening test of a driver indicates a
breath alcohol concentration of 0.02 or greater, the driver
shall be required to undergo a confirmation test.
11. If the confirmation test will be conducted by a different BAT,
the BAT who conducts the screening test shall complete and sign
the Breath alcohol Testing Form and log book entry. The BAT
shall provide the driver with Copy 2 of this form.
12. If a BAT, other than the one who conducted the screening test,
is conducting the confirmation test, the driver shall be
required to provide positive identification in accordance with
paragraph 7 above, to the new BAT and the driver may request
positive identification of the new BAT.
13. The driver shall not eat, drink, put any object or substance
into his or her mouth, and to the extent possible, not belch
waiting period begins with the completion of the screening
during a waiting period before the confirmation test. This
test, and shall not be less than 15 minutes.
14. The confirmation test shall be conducted within 20 minutes of
the completion of the screening test. 0 15. If a BAT, other than the one who conducted the screening test,
a new Breath Alcohol Testing form. The driver shall then
is conducting the confirmation test, the new BAT shall initiate
complete Step 2 on the form, signing the certification.
Refusal of the driver to sign the certification shall be deemed
a refusal to test.
16. Refusal by the driver to complete and sign the Breath Alcohol
Testing form (Step 2), to provide breath, to provide an
adequate amount of breath, or otherwise to cooperate with the
testing process in a way that prevents the completion of the
test shall be noted by the BAT in the "Remarks" section of the
form. The testing process shall be terminated and the BAT
shall immediately notify the City-Designated Representative
(CDR) .
17. Refusal by the driver to complete and sign the Breath Alcohol
Testing form (Step 2), to provide breath, to provide an
adequate amount of breath, otherwise to cooperate with the
test shall be deemed a refusal to test.
testing process in a way that prevents the completion of the
18. If a screening or confirmation test cannot be completed, or if
an event occurs that would invalidate the test, the BAT shall,
if practicable, begin a new screening or confirmation test, as
applicable, using a new Breath Alcohol Testing form with a new
sequential test number. e
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19.
a.
b.
C.
d.
e.
If a driver is unable, or alleges that he or she is unable, to
provide a.n amount of breath sufficient to permit a valid breath
test because of a medical condition, the BAT shall again
breath.
instruct the driver to attempt to provide an adequate amount of
If the driver refuses to make the attempt, the BAT shall
immediately inform the CDR.
amount of breath, the BAT shall so note in the "Remarks"
If the driver attempts and fails to provide an adequate
section of the breath alcohol form and immediately inform
the CDR.
amount of breath, the CDR shall direct the driver to obtain as
If the driver attempts and fails to provide an adequate
soon as practicable after the attempted provision of breath,
an evaluation from a licensed physician who is acceptable
to the City concerning the driver's medical ability to
provide an adequate amount of breath.
If the licensed physician determines, in his or her reasonable
medical judgment, that a medical condition has, or with a high
degree of probability, could have, precluded the driver from
providing an adequate amount of breath, the driver's failure to
provide an adequate amount of breath shall not be deemed a
refusal to take a test. The physician shall provide to the
City a written statement of the basis for his or her
conclusion.
If the licensed physician, in his or her reasonable medical
or with a high degree of probability, could have, precluded the
judgement, is unable to determine that a medical condition has,
driver from providing an adequate amount of breath, the
driver's failure to provide an adequate amount of breath shall
be deemed a refusal to take a test. The physician shall
provide to the City a written statement of the basis for his or
her conclusion.
20. Blood Alcohol Testing
Blood alcohol testing is authorized only in the following
circumstances:
a. When this Policy or Federal Rules requires a post-accident
or reasonable suspicion test, and an EBT is not readily
available for either a screening or confirmation test, or
if there is an EBT available only. for a screening test.
b. When an employee attempts and fails to provide an adequate
amount of breath, blood alcohol testing may be used for
both screening and confirmation test purposes.
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alcohol test result, the employee has 72 hours in which to request
Upon the conclusive finding of a positive (0.04 or greater) blood
a test of the split specimen. (For explanation of "split
below.) An employee, who fails to notify the medical review
specimen", refer to the TESTING FOR CONTROLLED SUBSTANCES section
officer (MRO) within 72 hours of receiving the results of the
positive test of the employee's desire to have the split specimen
tested, shall be deemed to have waived the employee's right to seek
testing of the split specimen.
Pending receipt of the result of the analysis of the split
specimen, the employee shall not perform safety-sensitive
Policy for a return to safety-sensitive functions following a test
functions, unless the employee has met conditions set forth in this
result of 0.04 or greater.
All blood alcohol testing will be conducted in conformance with the
procedures established by the Federal Regulations.
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0 APPENDIX B
TESTING PROCEDURES FOR CONTROLLED SUBSTANCES
1.
2.
3.
4.
5.
0 6.
7.
8.
9.
10
e
Drivers directed to undergo a controlled substance test shall
proceed immediately to the designated collection site as
instructed.
Drivers shall follow all procedures and instructions given by
the collection site person. Failure to do so shall be
considered a refusal to test.
The collection site person shall collect a urine sample from
the driver in accordance with DHHS-approved procedures.
Drivers shall provide at least 45 ml of urine for testing.
Drivers who fail to provide at least 45 ml of urine shall be
subject to the provisions of paragraph 19, below.
The collection site person shall divide the specimen into two
containers. One container shall contain at least 30 ml of
urine and shall be the primary specimen. The other container
shall contain at least 15 ml of urine and shall be the split
specimen.
Both containers shall be shipped in a single shipping
container, together with copies 1 and 2, and the split specimen
copy of the chain of custody form, to the laboratory.
The laboratory shall log in the split specimen with the split
specimen seal remaining intact. The laboratory shall store the
split specimen securely in accordance with approved procedures.
The primary specimen shall undergo a screening test for the
presence of controlled substances. If the screening test
detects the presence of controlled substances, the primary
specimen shall undergo a confirmation test.
If the result of the test of the primary specimen is
'negative', the laboratory may discard the split specimen.
The MRO shall review all primary specimen results. If the
result of the test of the primary specimen is confirmed
'positive' for the presence of controlled substances, the MRO
shall notify the driver that the driver has 12 hours in which
to request a test of the split specimen if the confirmed
'positive' test is verified as 'positive'. If the result of
the test of the primary specimen is 'negative', the MRO shall
have the authority to direct an employee to undergo a retest
for the presence of controlled substances if, upon review of
those results, the MRO has reason to believe the primary
specimen has been adulterated.
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0 11. If the primary specimen tests confirmed positive for the
presence of controlled substances, the driver may request, in
writing, that the MRO direct that the split specimen be tested
in a different DHHS-certified laboratory for presence of the
drug(s) or drug metabolite(s), for which a positive test result
was obtained in the test of the primary specimen. The MRO
shall honor such request if it is made within 72 hours of the
driver having been notified or a verified positive test result.
The driver shall be responsible for any and all costs
associated with having the split specimen tested.
12. If the driver has not contacted the MRO within 72 hours, the
driver may present to the MRO information documenting that
actual notice of the verified 'positive' test, or other
serious illness, injury, inability to contact the MRO, lack of
circumstances unavoidably prevented the driver from timely
contacting the MRO. If the MRO concludes that there is a
MRO within 72 hours, the MRO shall direct that the re-analysis
legitimate explanation for the driver's failure to contact the
of the primary specimen or analysis of the split specimen, as
applicable, be performed. The driver may not request a
re-analysis of the primary specimen.
13. If the result of the test of the primary specimen is positive,
the laboratory shall retain the split specimen in frozen
acquires it. Following the end of the 60-day period, if not
storage for 60 days from the date on which the laboratory
informed by the MRO that the driver has requested a test of the
split specimen, the laboratory may discard the split specimen. 0
14. If the MRO directs the first laboratory in writing to forward
the split specimen to a second DHHS-certified laboratory, the
second laboratory shall analyze the split specimen by C/MS to
reconfirm the presence of the drug(s) or drug metabolite(s)
conducted without regard to the cutoff levels established by
found in the primary specimen. Such C/MS confirmation shall be
DHHS. The split sample shall be retained in long-term storage
for one year by the laboratory conducting the analysis of the
pending).
split specimen (or longer if litigation concerning the test is
15. The result of the test of the split specimen shall be
transmitted by the second laboratory to the MRO.
16. If the analysis of the split specimen fails to reconfirm the
presence of the drug(s) or drug metabolite(s) found in the
primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the
DOT, the CDR and the driver.
test and report the cancellation and the reasons for it to the
17. A driver whose primary specimen tests "confirmed positive' for the presence of controlled substances and who requests, in e accordance with paragraph 11 above, that the split specimen be
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tested, shall not be permitted to perform safety-sensitive
functions pending the outcome of such test, but shall be
suspended without pay and subject to further disciplinary
action. However, if the test of the split specimen does not
reconfirm the presence of the drug(s) or drug metabolite(s)
found in the primary specimen, the driver shall be paid his/her
straight time salary for all regularly scheduled shifts he or
she would have worked had the suspension not occurred.
18. If the result of the test of the split specimen fails to
confirm the presence of the controlled substances found in the
primary specimen, the MRO shall cancel the test and report the
reasons for it to the DOT, the City and the driver.
19. a. If the driver is unable to provide the required 45 ml of
urine, the driver shall be instructed to drink not more than 24
ounces of fluids and, after a period of up to two hours, again
attempt to provide a complete sample using a fresh collection
container. The original insufficient specimen shall be
discarded.
b. If the driver is still unable to provide an adequate
specimen, the insufficient specimen shall be discarded, testing
discontinued, and the laboratory shall notify the City of the
driver's inability to provide an adequate sample.
develop pertinent information concerning whether the driver's
c. The MRO will refer the driver for a medical evaluation to
constitutes a refusal to test. (In pre-employment testing
inability to provide an adequate specimen is genuine or
situations, the City will determine whether or not to hire the
employee, and the MRO is not required to make such a referral).
Upon completion of the examination, the MRO shall report his or
her conclusions to the City in writing.
d. If the MRO determines that the driver's inability to
provide an adequate sample is not genuine, the driver shall be
deemed to have refused to test.
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APPENDIX C
EMPLOYEES COVERED BY THIS POLICY:
Any employee required by the City to have and maintain a
Commercial Driver's License is required to comply with the
provisions of the City of Muskego Drug and Alcohol Testing Policy.
PERIOD OF DAY DRIVERS ARE REQUIRED TO COMPLY WITH 49 CFR PART 382:
A driver is required to be in compliance with 49 CFR Part 302
readiness to work until the time he/she is relieved from work and
from the time the driver begins to work or is required to be in
all responsibility for performing work including time spent:
1. Sewer and Water Department personnel assigned to
carried;
'stand-by duty' and during the time a beeper is
2. At a facility waiting to be dispatched;
3. Inspecting or servicing the vehicle; 0 4. Driving or at the controls of the vehicle;
5. Resting in the vehicle;
6. Loading or unloading the vehicle including the
performance of any related paperwork;
I. Performing those duties required of a driver involved
in a vehicle accident; or
8. Repairing or attending to a disabled vehicle.
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APPENDIX n
0 Date
Donor's Name
Donor's Firm
Address
City/State/Zip
Phone Number
Fax Number (if known)
Dear Dr.
I request that the original specimen provided by me and tested for . ~ drugs at
laboratory below (name of laboratory).
be retested at the
Lab Name
Address
City/State/Zip
I understand that I am responsible for the shipping fees, lab
retest fees and the medical Review Officer's fees.
I have enclosed a (money order) (cashier's check) in the amount of
$
Sincerely,
Signature of Donor Print Name of Donor
Social Security Number Date of Original Collection
Specimen Number Donor Phone Number
Donor Address:
- 24 -
APPENDIX E
IDENTIPICATION OF CITY DESIGNATED REPRESENTATIVE SUBSTANCE ABUSE
PROFESSIONAL AND EMPLOYEE ASSISTANCE PROGRAM
The identity of the City Designated Representative (CDR), Substance
Abuse Professional (SAP) and Employee Assistance Program (EAP) will
be as determined from time to time by the City, and all employees
subject to this policy will be notified in writing of such
identification.
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DRUG AND ALCOHOL TESTING DISCIPLINE GUIDELINES
0 An employee's regular workday will be Monday thru Friday 7:OO a.m.
penalties.
- 3:30 p.m. Any overtime hours worked will not count toward
ALCOHOL
Employee testing positive for alcohol between .02 -.039 on a random
or reasonable suspicion test will result in a suspension for the
remainder of the shift, plus the next day without pay.
An employee testing positive for alcohol at or above .04 on either
a random or reasonable suspicion alcohol test will result in a five
(5) day suspension without pay for the first offense.
A second offense will result in a ten (10) day suspension without
Pay
Any subsequent offenses will result in discharge.
Employee testing positive for alcohol at .02 - .039 on a
post-accident, return-to-duty, or follow-up test will receive a ten
(10) day suspension without pay.
Employee testing positive for alcohol at or above .04 on a
suspension without pay or discharge.
The first alcohol related offense will count against an employee's
record for eighteen (18) months.
A second alcohol related offense will be on the employee's record
for thirty-six (36) months.
employee's record will clear.
If there are no offenses within either specified times, an
0 post-accident or follow-up test will receive a fifteen (15) day
CONTROLLED SUBSTANCES
Employee testing positive for controlled substance on any test will
result in a fifteen (15) day suspension without pay or discharge
for the first offense.
A second offense for testing positive for controlled substance on
any test will result in automatic discharge.
REFVSAL
process will result in a fifteen (15) day suspension without pay.
Employee refusing to test or is not cooperative with the testing
A second refusal will result in termination (lifetime prohibition).
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