064-22 - Resolution - Repealing Resolution 1730 Policy and Procedure Manual for Drug and Alcohol TestingDocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D
RESOLUTION NO. 064-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING
RESOLUTION 1730 AND AUTHORIZING A POLICY AND PROCEDURE MANUAL
FOR DRUG AND ALCOHOL TESTING FOR EMPLOYEES WHO ARE REQUIRED TO
HAVE AND MAINTAIN A COMMERCIAL DRIVER'S LICENSE.
WHEREAS, on March 25, 1996, the Port Orchard City Council adopted Resolution No. 1730,
which established drug and alcohol testing policy and procedure for City employees hired after
March 25, 1996, and for City employees who are required to have and maintain a commercial
driver's license (CDL) as a job requirement; and
WHEREAS, portions of Resolution No. 1730 were incorporated into the City's Personnel
Policies; and
WHEREAS, in 2000, the Washington State Supreme Court limited pre -employment drug
testing of applicants to those applying for safety sensitive positions; and
WHEREAS, employees who are required to obtain and maintain a commercial driver's
license are subject to drug and alcohol testing under the Federal Motor Carrier Safety
Administration (FMCSA) and U.S. Department of Transportation (DOT) regulations; and
WHEREAS, the FMCSA and DOT regulations have been revised since 1996; and
WHEREAS, the City of Port Orchard participates in a drug and alcohol testing consortium
through the Association of Washington Cities; and
WHEREAS, the Association of Washington Cities produces a model Drug and Alcohol
Testing Policy and Procedure Manual for employees subject to the FMCSA and DOT regulation,
and encourages adoption by participating employers; and
WHEREAS, this Manual will supplement the existing policies related to the drug and
alcohol use, and testing of employees who are not required to have a CDL, contained in the City's
personnel policies; and
WHEREAS, the Teamsters Local 589 representing Public Works Employees has had the
opportunity to review and comment on the proposed policy; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council hereby repeals Resolution 1730.
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Resolution No.064-22
Page 2 of 21
THAT: The "Drug and Alcohol Testing Policy and Procedure Manual for Use with
FMCSA/DOT Regulated Employees" is hereby adopted in substantially the same form as
attached hereto as Exhibit A.
THAT: In accordance with Resolution 034-10, the Mayor has the authority to amend the
drug and alcohol testing policies and procedures as required or recommended by the
Association of Washington Cities in accordance with the FMCSA/DOT regulations.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 28th day of June 2022.
F DocuSigned
by:
abtJ'f P4MAASWti L
E886'"'d0'ET4E ...
Robert Putaansuu, Mayor
ATTEST:
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Signed by:
1NAUL
Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D
Exhibit A
DRUG AND ALCOHOL TESTING POLICY AND
PROCEDURE MANUAL
For use with FMCSA/DOT regulated employees
Section1: Purpose..................................................................................................................Page 1
Section2: Application............................................................................................................Page 1
Section3: Policy.....................................................................................................................Page 1
Section4: Definitions.............................................................................................................Page 2
Section 5: Prohibited Conduct................................................................................................Page 5
Section6: Testing...................................................................................................................Page 6
Section 7: Failure to Cooperate..............................................................................................Page 9
Section 8: Testing Procedures..............................................................................................Page
10
Section 9: Confidentiality.....................................................................................................Page
12
Section 10: Evaluation and Referral.....................................................................................Page
12
Section 11: Information on Effects and Signs of Alcohol and Controlled Substance Use.. Page 12
Section 12: Consequences....................................................................................................Page
13
Section 13: Voluntary Referral............................................................................................Page
13
Section 14: Prior Driver History and FMCSA Clearinghouse.............................................Page
14
Appendix A: Certificate of Receipt (Employer Copy)
Appendix B: Certificate of Receipt (Employee Copy)
SECTION 1: PURPOSE
The purpose of this policy is to establish Drug and Alcohol Testing Policies and Procedures to
establish compliance with the Federal Highway Administration regulations requiring controlled
substances and alcohol testing for drivers who operate commercial motor vehicles. For the purpose
of this policy, employee will be referred to as "driver" and City of Port Orchard will be referred to
as "Employer." This policy provides guidelines for circumstances under which the Federal Motor
Carrier Safety Administration (FMCSA) and the United States Department of Transportation
(DOT) mandated testing must be conducted. Of course, all the details of every possible situation
cannot be anticipated, so the Employer reserves the right to determine the appropriate application
of this policy and general employment policies to any particular case.
SECTION 2: APPLICATION
Employees covered by this policy have been provided a copy of this policy and by signature verify
that they have read and understand the policy. Drivers should note that in addition to the
required DOT regulations, they are also subject to the Employer's drug and alcohol policy
as shown in Personnel Policy 10.15 and all other policies and procedures as applied to all
employees. Throughout this policy, any provisions that are based on Employer's sole authority
(vs. mandated by federal regulations) will be underlined.
SECTION 3: POLICY
The Employer expects all drivers to work drug- and alcohol -free at all times. If you have any
questions about this policy, contact Debbie Lund, Human Resources Manager, 360-8 76- 7014.
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The following conditions and activities are expressly prohibited:
The manufacture, or sale, or use or possession of alcohol, any controlled or illegal
substance (except strictly in accordance with medical authorization) or any other
substances which impair job performance or pose a hazard, when use or possession occurs
on Employer premises or property, or during work time, or while representing the
Employer in any work -related fashion.
Reporting for work having consumed alcohol or used illegal drugs or controlled substances
at a time, or in such quantities, or in a manner that may impair work performance. For
purposes of this policy, having any detectable level of an illegal or controlled drug, or
alcohol with an alcohol concentration of .02 or greater, in one's system while covered by
this policy will be considered to be a violation.
Employees who are required to obtain or maintain a CDL for a City position are required to
pass a Department of Transportation (DOT) physical and carry an active medical examiner's
certificate at all time while driving. Additionally, a job candidate hired into a position that
requires a CDL will be required to submit to a post -offer, pre -employment drug test. Initial
employment is conditioned upon that person satisfactorily passing such test.
SECTION 4: DEFINITIONS
"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), BAC" 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 under
49 CFR Part 382.
"Alcohol use" means the drinking or swallowing of any beverage, liquid mixture or preparation
(including any medication), containing alcohol.
"Commercial motor vehicle" - means a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle:
• has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000 pounds); or
• Has a gross vehicle weight rating of 26,001 or more pounds; or
• Is designed to transport 16 or more persons, including driver; or
• 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 require the motor
vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Part 172,
subpart F).
"Controlled substances" mean those substances identified in 49 CFR Part 40.85: marijuana,
cocaine, opiates, amphetamines, and phencyclidine.
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"DOT Agency" means an agency (or "operating administration") of the United States Department
of Transportation administering regulations requiring alcohol and/or drug testing (14 CFR parts
61, 63, 65, 121, and 135; 49 CFR parts 199, 219, 382, and 655), in accordance with 49 CFR Part
40.
"Driver" means all employees whose position may require operating a commercial vehicle and
that requires the possession of a Commercial Driver's License.
"Drug" has the meaning of any controlled substances, prescription, or over-the-counter
medication.
"EBT (or evidential breath testing device)" means an EBT approved by the National Highway
Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on
NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL), and
identified on the CPL as conforming with the model specifications available from the National
Highway Traffic Safety Administration, Office of Alcohol and State Programs.
"Employer" means an entity employing one or more employees (including an individual who is
self-employed) that is subject to DOT agency regulations requiring compliance with 49 CFR Part
382. The term refers to the entity responsible for overall implementation of DOT drug and alcohol
program requirements, as well as those individuals employed by the entity who take personnel
actions resulting from violations of 49 CFR Part 382 and any applicable DOT agency regulations.
Service agents are not employers.
"Licensed medical practitioner" means a person who is licensed, certified, and/or registered, in
accordance with applicable Federal, State, local, or foreign laws and regulations, to prescribe
controlled substances and other drugs.
"Medical Review Officer (MRO)" means a licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by an employer'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.
"Performing (a safety -sensitive function)" means a driver is considered to be performing a
safety -sensitive function during any period in which the driver is actually performing, ready to
perform, or immediately available to perform any safety -sensitive functions.
"Refuse to submit (to an alcohol or controlled substances test)" means that a covered
employee:
• Fails to show up for any test (except a pre -employment test) within a reasonable time after
being directed to do so by the Employer. This includes the failure of an employee
(including an owner -operator) to appear for a test when called by a Consortium/Third Party
Administrator);
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• Fails to remain at the testing site until the testing process is complete; provided, that an
applicant who leaves the testing site before the testing process commences for a pre-
employment test is not deemed to have refused a test. The testing process commences once
the applicant has been provided the specimen collection cup.
• Fails to provide a urine specimen for any drug test or breath or saliva sample for an alcohol
test required by 49 CFR Part 382, if the employee leaves after the testing process has
commenced;
• In the case of a directly observed or monitored collection in a drug test, fails to permit the
observation or monitoring of the provision of a specimen;
• Fails to provide a sufficient amount of urine, breath or saliva when directed, unless it has
been determined, through a required medical evaluation, that there was an adequate
medical explanation for the failure to provide.
• Fails or declines to take a second test the employer or collector has directed following a
negative dilute result as required by 40.197(b);
• Fails to undergo an additional medical examination, as directed by the MRO as part of the
verification process, or as directed by the Designated Employer Representative (DER)
concerning the evaluation as part of the "shy bladder" procedures in 49 CFR Part 40,
subpart I; or fails to undergo a medical examination or evaluation as directed by the
employer as part of the insufficient breath procedures outlined in 40.265(c).
• Fails to cooperate (e.g. refuses to empty pockets when directed by the collector, behave in
a confrontational way that disrupts the collection process, fails to wash hands after being
directed to do so by the collector) or otherwise interferes with any part of the testing
process.
• Fails to sign the certification at Step 2 of the alcohol testing form (ATF).
• Is reported by the MRO as having a verified adulterated or substituted test result.
• For an observed collection, fails to follow the observer's instructions to raise clothing
above the waist, lower clothing and underpants, and to turn around to permit the observer
to determine if there is any type of prosthetic or other device that could be used to interfere
with the collection process.
• Possesses or wear a prosthetic or other device that could be used to interfere with the
collection process.
• Admits to the collector or MRO to having adulterated or substituted the specimen.
"Safety -sensitive function" means all time from the time a driver begins to work or is required
to be in readiness to work until the time the driver is relieved from work and all responsibility for
performing work. Safety -sensitive functions shall include:
1) All time at an employer or shipper plant, terminal, facility, or other property, or on any
public property, waiting to be dispatched, unless the driver has been relieved from duty by
the employer;
2) All time inspecting equipment as required by FMCSA regulations or otherwise inspecting,
servicing, or conditioning any commercial motor vehicle at any time;
3) All time spent at the driving controls of a commercial motor vehicle in operation;
4) All time, other than driving time, in or upon any commercial motor vehicle except time
spent resting in a sleeper berth (a berth conforming to the requirements of 49 CFR 393.76);
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5) All time loading or unloading a vehicle, supervising, or assisting in the loading or
unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate
the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
6) All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled
vehicle.
SECTION 5: PROHIBITED CONDUCT
The following is considered prohibited conduct under this policy:
1. No driver shall report for duty or remain on duty requiring the performance of safety -
sensitive functions while having an alcohol concentration of 0.04 or greater.
2. No driver shall use alcohol while performing safety -sensitive functions.
3. No driver shall perform safety -sensitive functions within four hours after using alcohol.
4. No driver required to take a post -accident alcohol test under 49 CFR 382.303 shall use
alcohol for eight (8) hours following the accident, or until the driver undergoes a post -
accident alcohol test, whichever comes first.
5. No driver shall refuse to submit to a post -accident, random, reasonable suspicion, or
follow-up controlled substance and/or alcohol test required by 49 CFR Part 382.
6. No driver shall report for duty, remain on duty or perform a safety -sensitive function when
there is a quantifiable level of a controlled substance in the driver's body above the
minimum thresholds established in 49 CFR Part 40. Although the personal use of marijuana
is permitted under Washington law, federal law still prohibits the use and possession of
marijuana. Employees must be aware that having a detectible level of marijuana in their
body, regardless of whether their use was for recreational or medical purposes, constitutes
prohibited conduct.
7. No driver shall report for duty or remain on duty requiring the performance of safety -
sensitive functions when the driver uses any drug, except when the use is pursuant to
instructions of a licensed medical practitioner, as defined in §382.107, who is familiar with
the driver's medical history has advised the driver that the substance will not adversely
affect the driver's ability to safely operate a commercial motor vehicle. Notwithstanding
the above, the medical use of marijuana that causes drug or drug metabolites to be present
in the body above minimum thresholds established in 49 CFR Part 40 constitutes prohibited
conduct regardless of whether the marijuana was used under the guidance of a medical
practitioner and regardless of whether the medical practitioner advised that such use will
not adversely affect the driver's ability to safely operate a commercial motor vehicle.
8. The Employer shall not permit a driver to continue to perform safety sensitive functions if
the Employer has actual knowledge of a driver violating any of the aforementioned
prohibitions. Actual knowledge may be based on the Employer's direct observation of the
employee, information provided by the driver's previous employer(s), a traffic citation for
driving a CMV while under the influence of alcohol or controlled substances, or an
employee's admission of alcohol or controlled substances use, except as discussed in the
Employer's voluntary self -identification program.
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A driver tested under the requirements of this policy who is found to have an alcohol concentration
of 0.02 or greater but less than 0.04 shall be removed immediately from performing safety -
sensitive functions until the start of the driver's next regularly scheduled duty period, but not less
than 24 hours following the test administration.
SECTION 6: TESTING
Submission to the controlled substance and alcohol testing described in this policy is a condition
of employment with the Employer for those drivers covered by DOT and FMCSA regulations. A
refusal to submit (as described above) will constitute a violation of this policy and grounds for
termination of employment. The driver may be tested for controlled substances at any time during
the work day, except pre -employment, and alcohol testing will be conducted just before, during or
after performing safety sensitive functions.
Drivers will be subject to testing as follows:
a. Pre -employment Drug Testing
All individuals who are covered by this policy must pass a drug test as a post- offer
condition of employment.
Testing for controlled substances may be waived if:
1) the driver participated in a DOT testing program within the past 30 days and:
2) While participating in that program, either:
a. Was tested for controlled substances within the past 6 months (from the date of
application with the Employer), or
b. Participated in the random controlled substances testing program for the previous
12 months (from the date of application with the Employer); and
3) No prior employer of the driver of whom the employer has knowledge has records of a
violation of DOT controlled substances regulations within the previous 6 months.
A driver/applicant who tests positive on a pre -employment test will not be hired, but may
be eligible to reapply for employment with the Employer after six (6) months from the date
of the positive test. In addition, an applicant who tested positive on any DOT mandated
pre -employment drug test after August 1, 2001, must provide documentation of their
successful completion of DOT return -to -duty requirements (i.e. an evaluation by a
substance abuse professional, education and/or treatment, and a negative DOT pre-
employment test all of which meet the requirements of 49 CFR Part 40).
In the event a driver does reapply following a positive test, the driver/applicant will be
responsible to pay for the pre-treatment evaluation, education and/or treatment, and the
subsequent pre -employment test.
b. Reasonable Suspicion Testing
Drivers will be tested for alcohol and/or controlled substances whenever the City of Port
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Orchard has reasonable suspicion that the individual is under the influence of alcohol or a
controlled substance. Reasonable suspicion will be based on specific, contemporaneous,
articulable observations concerning the behavior, speech, appearance or body odors of the
driver, including any indicators of the chronic and withdrawal effects of controlled
substances.
Drivers required to be tested under reasonable suspicion testing will be removed from
performing safety -sensitive functions pending the outcome of the test result(s) and be
transported to the testing facility by the Employer.
Reasonable suspicion drug testing is authorized when the supervisor's observation of the
driver's behavior occurs anytime during the workday. Reasonable suspicion alcohol testing
is authorized only if the supervisor's observation of the driver's behavior has been made
during, just preceding, or just after performing any safety -sensitive function.
The alcohol test must be completed within two (2) hours of the observation; if not, the
Employer must document the reasons for the delay, and shall continue to have the test
conducted up to eight (8) hours following the observation. After eight (8) hours, the attempt
to test will cease.
If an alcohol test is not completed within the two (2) or eight (8) hour time periods
described above, the Employer shall prepare and maintain on file a record stating the
reasons the test was not administered within the appropriate time frames.
The Employer shall not permit a driver to report for duty, remain on duty, perform, or
continue to perform any safety -sensitive functions while the driver is impaired by alcohol,
as shown by the behavioral, speech, or performance indicators of alcohol misuse, until:
1) an alcohol test is administered and the driver's breath alcohol concentration
measures less than 0.02 percent; or
2) the start of the driver's next regularly scheduled duty period, but not less than
twenty four (24) hours following the supervisor's determination that reasonable
suspicion exists.
Supervisors and any Employer representative that may be expected to serve in a
supervisory capacity, and who may be required to make a reasonable suspicion
determination, must have received at least 60 minutes of training on the indications of
probable drug use and an additional 60 minutes training on the indicators of probable
alcohol misuse. Only those individuals who have received this training are qualified to
make these decisions.
c. Post -Accident Testing
As soon as practicable following an occurrence involving a commercial motor vehicle
operating on a public road in commerce, each surviving driver shall be tested for controlled
substances and alcohol i£
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1) The driver was performing safety -sensitive functions with respect to the vehicle, if
the accident involved the loss of human life (fatality); or
2) The driver received a citation for a moving violation and the accident involved
bodily injury to any person who, as a result of the accident, immediately receives
medical treatment away from the scene of the accident; or
3) The driver received a citation for a moving violation and the accident involved one
or more motor vehicles incurring disabling damage as a result of the accident,
requiring the motor vehicle to be transported away from the scene by a tow truck
or other motor vehicle.
A driver may not consume alcohol for eight (8) hours following an accident that requires
the DOT alcohol test. The alcohol test must be completed within two (2) hours of the
accident; if not, the supervisor must document the reasons for the delay, and shall continue
to have the test conducted up to eight (8) hours following the accident. After eight (8) hours
the attempt to test will be ceased, and the supervisor must again provide the reasons for the
test not being administered.
A controlled substances test shall be administered as soon as practicable up to 32 hours
following the accident. After 32 hours the attempt to test will be ceased, and the supervisor
must provide the reasons for the test not being administered promptly. A driver must
remain readily available for testing or may be deemed by the Employer to have refused to
submit to testing.
Nothing in this policy should be construed to require the delay of necessary medical
attention for the injured.
d. Random Testing
The Employer is using a consortium/third party administrator to facilitate the random
selection of drivers and notification to the employer of the driver(s) selected for testing.
The consortium/third party administrator is:
A WorkSAFE Service, Inc.
1696 Capitol St NE
Salem OR 97301
(503)391-9363
Drivers will be subject to random alcohol and controlled substance testing under the
following program:
1) Random selection of drivers will be made by a scientifically valid method using a
computer -based random number generator that is matched with drivers' social
security numbers.
2) Each driver shall have an equal chance of being drawn each time selections are
made.
3) Selections for testing are unannounced and reasonably spread throughout the
calendar year.
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4) Random selections are made to ensure testing for controlled substances is
conducted at not less than the minimum annual 25% rate and alcohol is conducted
at not less than the minimum annual 10% rate, or the rates as established by the
FMCSA.
5) A driver shall only be tested for alcohol just before, during, or after performing
safety -sensitive functions; however, the drive may be tested for controlled
substances any time while performing work for the Employer.
6) Once a driver is notified of selection for random alcohol and/or controlled
substances testing, the driver shall proceed to the test site immediately.
e. Return to Duty and Follow -Up Testing
Drivers who admit to misuse of alcohol or controlled substance use and enter into a
voluntary self -identification program are not permitted to return -to -duty involving safety -
sensitive functions until the driver has a verified negative controlled substances test and/or
an alcohol test with a result less than 0.02 alcohol concentration. The voluntary self -
identification program must meet the criteria described earlier in this policy.
A driver in need of assistance in resolving problems associated with alcohol misuse and/or
controlled substances use as identified through the evaluation by a Substance Abuse
Professional may, depending on the circumstances, be required to enter into a Last Chance
Agreement and to submit to unannounced follow-up testing for controlled substances
and/or alcohol as directed by the Substance Abuse Professional. When this occurs, the
employee must pay the cost of the pre-treatment evaluation and any treatment. The
employee will pay the cost of any follow-up controlled substances or alcohol testing. This
testing will be conducted as non -DOT testing. The Employer may perform follow-up
testing for five years as directed by the Substance Abuse Professional.
SECTION 7: FAILURE TO COOPERATE
Employees who are subject to this policy are expected to comply fully with any required testing.
Failure to do so (including, for example, refusing to sign consent or refusing to test, obstructing
the testing process, failing to make themselves available for a required test, failing to provide an
adequate sample for testing, attempting to adulterate or substitute a specimen, or in any way
tampering with a required test, failing to empty pockets or wash hands as requested by collection
site personnel, refusing to permit an observed collection, possessing or wearing a prosthetic or
other device that could be used to interfere with the collection process) will cause the driver to be
immediately relieved from performing safety -sensitive functions, and will also be considered a
violation of Employer policy that will subject the employee to discipline, up to and including
termination of employment. The Employer also reserves the right to involve law enforcement
officials for any conduct that the Employer believes might be in violation of state or federal law.
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SECTION 8: TESTING PROCEDURES
a. Urine Specimen Collection
Specimen collections will be conducted in accordance with the procedures of 49 CFR Part
40, as amended. The collection procedures are designed to ensure the security and integrity
of the specimen provided by each covered employee, and those procedures will strictly
follow federal chain -of -custody guidelines. Moreover, every reasonable effort will be made
to preserve the individual's privacy as much as possible consistent with ensuring an
accurate result. Covered employees will be required to empty their pockets before
providing the drug test specimen.
Under normal circumstances, the applicant or covered employee will be afforded compete
privacy in the restroom for providing the urine sample. Certain situations do require the
urine sample be provided under same -gender direct observation. Those situations include:
• The temperature on the original specimen was out of range; or
• The original specimen appeared to have been tampered with (i.e. unusual color,
odor, foam, etc.); or
• The collector observes materials brought to the collection site or the individual's
conduct clearly indicates and attempt to tamper with a specimen;
• The laboratory reported to the MRO that a specimen is invalid, and the MRO
reported to the Employer there was not an adequate medical explanation for the
result; or
• The MRO reported to the Employer that the original positive, adulterated, or
substituted test result had to be cancelled because the test of the split specimen
could not be performed; or
• The laboratory reported to the MRO that the specimen was negative -dilute with a
creatinine concentration greater than or equal to 2 mg/dL but less than or equal to
5mg/dL, and the MRO reported the specimen to the Employer as negative -dilute
and a second collection must take place under direct observation; or
• All return -to -duty or follow-up drug tests.
When that occurs, the individual subject to testing will be required to follow the observer's
instructions to raise their clothing above the waist, lower clothing and underpants, and to
turn around to permit the observer to determine if there is any type of prosthetic or other
device that could be used to interfere with the collection process.
Refusing to permit an observed collection, or possessing or wearing a prosthetic or other
device that could be used to interfere with the collection process, are considered a refusal
to test and will constitute a verified positive drug test result.
b. Laboratory Analysis
As required by 49 CFR Part 40, only a laboratory certified by the Department of Health
and Human Services (DHHS) will be retained by the Employer to perform the analysis of
the urine specimen for controlled substances. The initial screening test will be performed
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by immunoassay and will test for substances and at cutoff levels required by 49 CFR Part
40, as amended. All specimens identified as positive on the initial screening test will be
confirmed using gas chromatography/mass spectrometry techniques at cutoff levels
required by 49 CFR Part 40, as amended.
c. Breath Alcohol
Testing will be conducted by a qualified technician according to 49 CFR Part 40 procedures
using a DOT -approved device. If an initial test indicates an alcohol concentration of less
than 0.02, no further testing will be conducted. If the initial test result is 0.02 or greater, a
confirmation test will be conducted by a Breath Alcohol Technician using an Evidential
Breath Testing (EBT) device. Testing will be conducted in a manner that protects the
confidentiality of the employee's testing information as well as the integrity of the testing
process.
d. Medical Review
All controlled substances test results will be reviewed by a Medical Review Officer (MRO)
before results are reported to the Employer. The MRO will attempt to contact the driver to
discuss the test results before reporting positive results to the Employer.
The Employer Medical Review Officer is:
Dee J. McGonigle, M.D.
18912 North Creek Parkway
Suite 202
Bothell, Washington 98011
(425) 488-9755
e. Notification of Results
The Employer will notify the affected driver of any controlled substances test that is
reported as positive by the MRO. The Employer will notify driver -applicants of the results
of pre -employment controlled substances testing if the applicant requests that information
in writing within 60 days after the Employer notifies the applicant that they has or has not
been hired.
f. Reanalysis of Split Sample Specimen
A urine sample will be split at the time of collection. Within 72 hours of the MRO notifying
the driver of a verified positive controlled substances test, or an adulterated or substituted
specimen, the driver may request the split sample to be tested. Only the MRO may
authorize such testing, which may take place only at laboratories certified by the
Department of Health and Human Services (DHHS). If the split sample test fails to
reconfirm the presence of the drug or drug metabolite, the MRO shall cancel the test or
take such steps as are directed by DOT regulations.
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All applicants/drivers have a right to request testing of the split sample. The
applicant/driver) will be responsible for the cost of testing the split sample. If a split sample
re -test returns a negative result, the City of Port Orchard will reimburse the employee (not
the applicant) for the cost of the test.
SECTION 9: CONFIDENTIALITY
Records required under this policy, including test results, will be maintained in a secure location
with controlled access. Each driver, upon written request, shall be entitled to receive copies of their
own records, and to have copies of their records made available to any subsequent employer.
Information may also be disclosed to the relevant state or federal agencies, or in connection with
judicial, administrative or related proceedings (e.g., grievances and arbitration) initiated by or on
behalf of the driver, or where otherwise required by law.
SECTION 10: EVALUATION AND REFERRAL
DOT regulations require that any driver who violates the alcohol and controlled substances rules
of 49 CFR Part 382 be advised of available evaluation resources and be evaluated by a Substance
Abuse Professional. The driver must complete an appropriate education and/or treatment program
before being eligible to return to safety -sensitive duty.
Before returning to performing safety -sensitive functions for any DOT employer, a driver must be
tested for controlled substances with a verified negative controlled substances test result and/or
alcohol with a test result less than 0.02 alcohol concentration. The driver will be subject to follow-
up testing of at least six tests in the first 12 months of returning to duty, and follow-up testing may
continue for five years. All return -to -duty and follow-up drug tests will be required to be collected
as same gender direct observation collections.
SECTION 11: INFORMATION ON EFFECTS AND SIGNS OF ALCOHOL AND
CONTROLLED SUBSTANCE USE
DOT regulations require employers to furnish information regarding the effects of alcohol and
controlled substance use, as well as the signs and symptoms of such use. Any employee who
suspects a co-worker has an alcohol or drug problem may refer the co-worker to contact
information for the Substance Abuse Professional identified in this policy, the Employer's
Employee Assistance Program, or to management.
Personnel responsible for supervising and managing employees subject to testing under this policy
must attend at least two hours of training on alcohol and drug misuse symptoms and indicator used
in making determinations for reasonable suspicion testing.
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SECTION 12: CONSEQUENCES
Drivers violating this policy or federal regulations will be suspended from performing any safety -
sensitive functions with a commercial motor vehicle as defined by this policy, and their
employment will be terminated. The Employer also reserves the right to involve law enforcement
officials for any conduct the Employer believes might be in violation of state or federal law.
SECTION 13: VOLUNTARY REFERRAL
In some cases alcohol and drug abuse can be a result of chemical dependency that can be
successfully treated with professional help. Drivers who are having problems with alcohol or drug
use are encouraged to seek voluntary counseling and treatment. It is the driver's responsibility to
seek help when needed, and to do so before substance abuse causes problems on the job, results
in a positive drug or alcohol test, or results in disciplinary action.
Drivers who admit to alcohol misuse or controlled substances use are not subject to the referral,
evaluation, and treatment requirements of 49 CFR Part 382 and 40, provided that:
1) The admission is in accordance with the Employer's written established voluntary self -
identification policy;
2) The driver does not self -identify in order to avoid testing;
3) The driver makes the admission of alcohol misuse or controlled substances use before
performing a safety -sensitive function;
4) The driver does not perform a safety -sensitive function until the Employer is satisfied that
the driver has successfully completed education or treatment requirements in accordance
with the self -identification program guidelines.
Normally, the Employer will:
1) Not take adverse action against a driver making a voluntary admission of alcohol misuse
or controlled substances use provided that the admission occurs before the employee has
been subject to disciplinary action or the use/misuse has affected job performance;
2) Allow the driver sufficient opportunity to seek an evaluation, education or treatment to
establish control over the employee's drug or alcohol problem;
3) Permit the employee to return to safety sensitive duties only upon successful completion
of an educational or treatment program, as determined by a substance abuse professional,
and may require the employee to sign a Last Chance Agreement as a condition of
employment.
The employee must pay the cost of the pre-treatment evaluation and any treatment. Sick leave,
vacation leave or leave of absence without pay as provided by state or federal regulations may be
granted for treatment and rehabilitation as in other illnesses. The Employer's medical plan, when
available to the employee, may cover a portion of the evaluation and treatment costs; however,
uncovered costs remain the employee's responsibility to pay. The Employer will pay the cost of
any follow-up controlled substances or alcohol testing required by the substance abuse
professional.
The Employer's Employee Assistance Program (EAP) can assist in locating the services of a
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Substance Abuse Professional. ComPsych EAP can be reached at 1-800-570-9315, 24 hours a day,
7 days a week.
SECTION 14: PRIOR DRIVER HISTORY AND FMCSA CLEARINGHOUSE:
If a job candidate is to be hired for a position that requires a CDL and has a prior commercial
driver history, they must authorize a request from all former employers to release information
regarding positive alcohol or drug tests and refusals to be tested for the past three years of
employment. This information should be obtained before the person is employed by the City. If
the information is not obtained by the anticipated hire date, and if the person has passed the pre-
employment drug and alcohol test (as applicable), the person may be hired and the requested
information must be obtained from the previous employer(s) within 30 calendar days of the date
of hire. If the information is not received within the 30 calendar days, the person shall not be
permitted to drive commercial vehicles until the information has arrived. If the information does
not timely arrive, or if the information obtained from a previous employer(s) indicates either a
positive test or a refusal to be tested, or if the employee obstructs or interferes with the release of
the information, the employee shall not be permitted to drive commercial vehicles and may be
terminated.
• Effective January 6, 2020, the Federal Motor Carrier Safety Administration (FMCSA)
enacted "The Clearinghouse" a secure, online database that allows employers real-time
information about a CDL holder's and commercial learner's permit (CLP) holder's
drug and alcohol program violations. Until December 31, 2022 (or as otherwise
specified by the FMCSA), the City will conduct both electronic queries and traditional
manual inquiries with previous employers to meet the three-year timeframe, required
by FMSCA's drug and alcohol use testing program, for checking CDL driver violation
histories.
• To maintain compliancy, the City will conduct queries on prospective employees, upon
hire, and current employees on an annual basis who hold a CDL license or CLP. All
current and prospective employees will be required to create an account and provide
electronic consent before any query can be made. Any prospective employee who
refuses to consent will not be eligible to be hired. Any active employee who does not
consent, a query cannot be conducted and the employee will be removed from safety -
sensitive functions and they may no longer qualify in their current position.
Reporting to the Clearinghouse
The City is registered with the Federal Motor Carrier Safety Administration (FMCSA)
Clearinghouse and shall comply with the Controlled Substances and Alcohol Use and Testing
regulations set forth in 49 CFR Part 3 82. As part of these requirements, the City shall automatically
report to the Clearinghouse, any of the following events or occurrences:
• A verified positive, adulterated or substituted drug test result.
• An alcohol confirmation test with a concentration of 0.04 or higher
• An employee's refusal to submit to a drug or alcohol test
• The City's actual knowledge (as defined by 49 CFR § 382.107) of an employee's:
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• An employee's pre -duty, on -duty or post -accident use of alcohol as prohibited by 49
CFR §§ 382.207, .205 and .209.
• An employee's controlled substance use as prohibited by 49 CRFR § 382.213.
• Verification from a SAP that an employee has successfully completed the return -to -
duty process
• The employee's negative return -to -duty test; and
• The City's report of completion of any required follow-up testing.
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Appendix A
Certificate of Receipt
(Employer's Copy)
I hereby certify that on the date shown below I received and read a copy of the City of Port
Orchard's Drug and Alcohol Policy for Use With FMCSA/DOT-Regulated Employees, consisting
of fifteen (15) pages including these Certificates of Receipt, and a copy of drug and alcohol
awareness training materials. I understand and agree to comply with this policy, including any
required alcohol or controlled substance testing.
Employee — print name
Employee — signature
Dated:
(Original to be kept in employee personnel file)
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Appendix B
Certificate of Receipt
(Employee's Copy)
I hereby certify that on the date shown below I received and read a copy of the City of Port
Orchard's Drug and Alcohol Policy for Use With FMCSA/DOT-Regulated Employees, consisting
of fifteen (15) pages including these Certificates of Receipt, and a copy of drug and alcohol
awareness training materials. I understand and agree to comply with this policy, including any
required alcohol or controlled substance testing.
Employee — print name
Employee — signature
Dated:
(Employee to receive duplicate copy)
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