HomeMy WebLinkAboutOrdinance No. 923 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, AMENDING SECTION 16.1 OF
THE CODE OF ORDINANCES (PERSONNEL POLICIES
AND PROCEDURES MANUAL) BY THE ADDITION OF
CHAPTER X RELATING TO ADOPTION OF ALCOHOL
AND DRUG TESTING REGULATIONS FOR THE
EMPLOYEES WHO POSSESS COMMERCIAL DRIVERS
LICENSES IN ACCORDANCE WITH THE APPLICABLE
PROVISIONS OF TITLE 49 CODE OF FEDERAL
REGULATIONS (49 C.F.R. § 382); PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
Section 1. That Section 16-1 of the Code of Ordinances is hereby amended by the
addition of Chapter X to the Personnel Policies Procedures Manual relating to alcohol and
drug testing for employees who possess a commercial drivers license. The provisions of
Chapter X shall control over the provisions of Chapter IX where holders of commercial
drivers licenses are concerned. In addition, this ordinance is intended to comply with Title
49 C.F.R. § 382. Chapter X shall read in its entirety as follows:
"PURPOSE
This policy will assist the City of The Colony employees in safeguarding lives and property
by reducing accidents, fatalities, injuries, and property damage that may result from an
employee's use of controlled substances or alcohol. Being under the influence of a controlled
substance or alcohol on the job poses serious safety and health risks to the user and to all
those who work with the user. Drug and/or alcohol testing, for employees subject to this
policy, can occur in five instances:
(1) post offer;
(2) post accident;
(3) reasonable suspicion;
(4) random; and
(5) return to work following discipline for positive drng/alcohol
testing or for drug/alcohol abuse treatment.
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DOC #: 338022
DEFINITIONS
1. Accident means an occurrence involving City owned equipment or a City
vehicle resulting in death or injury to any person or property damage.
2. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or
other Iow molecular weight alcohols including methyl and lsopropyl alcohol.
This includes over the counter medications which contain more than one-
half (1/2) of one (1) percent of alcohol by volume.
3. Alcohol Concentration 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.
4. Alcohol Test means a test conducted by a Breath Alcohol Technician (BAT),
using an Evidential Breath Testing Device (EBT) to measure the amount of
alcohol concentration in a volume of breath.
5. Breath Alcohol Technician (BAT) means an individual who instructs and
assists individuals in the alcohol testing process and operates the evidential
breath testing device.
6. 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:
(i) a gross combination weight of 26,001 or more pounds
inclusive of a towed unit with a gross vehicle weight rating
of more than 10,000 pounds; or
(ii) has a gros~ vehicle weight rating of 26,001 or more pounds,
or
(iii) is designed to transport 16 or more passengers, including
the driver; or
(iv) is of any size and used in the transportation of hazardous
materials requiring placards.
7. Controlled Substance means any drug or controlled substance, the
manufacture, distribution, possession, sale or consumption of which is illegal,
but not limited to marijuana, hashish, cocaine, heroin, morphine, opiates,
amphetamines, barbiturates, phencyclidine (PCP), and hallucinogens or any
substance, if possessed by a particular employee would be illegal under any
state or federal law. lnhalents and prescribed over-the-counter substances
which are legally obtained by not being used for its intended purpose.
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$. Drug Test means a method for determining the presence of controlled
substances in a urine sample using a scientifically reliable method performed
in accordance with procedures specified in 49 C.F.R. 40.
9. Evidential Breath Testing Device OEBT) means a devise approved by the
National Highway Traffic Safety Administration and placed on the NHTSA's
Conforming Products List and is used for the evidential testing of breath.
10. Medical Review Officer (MRO) means 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 conf'wmed positive test results together with his
or her medical history and any other relevant biomedical information.
11. Reasonable Suspicion means a conclusion based on facts sufficient to lead
a reasonably prudent person to suspect that an employee is under the
influence of drugs and/or alcohol so that the employee's ability to perform
the functions of the job may be impaired or the employee's ability to
perform the job safely is reduced. Reasonable suspicion must be based on
specific, contemporaneous, articulable observations concerning appearance,
behavior, speech, or body odors of the employee.
12. Substance Abuse Professional (SAP) means a licensed or certified
psychologist, social worker, or employee assistance professional or addiction
counselor with knowledge of any clinical experience in the diagnosis and
treatment of alcohol and controlled substance related disorders.
PROHIBITIONS
Prohibitions Regarding Alcohol:
1. Reporting for duty or remaining on duty with an alcohol concentration of
0.02 or greater.
2. Using alcohol within four (4) hours prior to reporting to work.
3. Using alcohol within eight (8) hours following an accident which requires the
employee to take an alcohol test.
4. Refusing to take a required test.
5. Reporting for duty when using or testing positive for alcohol.
Prohibitions Regarding Drugs:
1. Reporting for duty or remaining on duty when using or testing p~itive for
a controlled substance (except under the instructions of a physician who has
advised the employee that the substance does not adversely affect the
employee's ability to perform the job safely). Employees are required to
report such drugs.
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2. Refusing to take required test.
3. Reporting for duty when using or testing positive for a controlled substance.
TESTING REQUIREMENTS
Pre-employment Testing:
Pre-employment controlled substances screen will be performed on any applicant
who is being considered for employment with the City. Refusal to sign a consent form will
result in the applicant not being considered for employment.
Prior to the tm"st time a commercial driver performs a safety-sensitive function for
the City, the commercial driver shall undergo testing for controlled substances. The City
shall not allow a commercial driver to perform a safety-sensitive function unless the
commercial driver has received a verified negative controlled substance test from the medical
review officer. Current employees transferring to a position requiring a commercial drivers
license must be tested in accordance with DOT regulations for controlled substances and
obtain a verified negative test result before performing a safety-sensitive function.
Past-Accident Testing:
A DOT drug and alcohol test will be required of employees following a motor vehicle
or motorized equipment accidents under the following circumstances:
1. The accident involved the loss of human life.
2. The City driver receives a citation under state or local law for a moving
traffic violation arising from the accident (injuries and/or towed vehicles).
City Vehicle Operator's Responsibilities:
(a) It is the responsibility of the employee to remain available
for testing or the City may consider the employee to have
refused the test.
(b) If a required post-accident alcohol test is not administered
after two (2) hours, but not later than eight (8) hours
following the accident, the department must provide
documentation to the Personnel Department as to why the
test was not promptly administered. This documentation
will be maintained and available to DOT upon request.
(c) If a required post-accident controlled substance test is
required, the test shall be conducted as soon as possible,
but not later than thirty-two (32) hours after the accident.
If the test is not conducted within 32 hours, a report must
be forwarded to the Personnel Director as to why the test
was not administered. This documentation will be
maintained and available to the DOT upon request.
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Supervisors' Responsibilities:
(a) Supervisors will provide City vehicle operators who hold a
"CDL" license with necessary post-accident information
procedures and instructions, prior to the drivers operating
a City vehicle.
Co) Supervisors are responsible for ensuring that City vehicle
operators are transported to the testing facility within a
reasonable time.
(c) If an alcohol test required by this section is not
administered within two (2) hours of the accident, the
supervisor shall prepare and forward to the Personnel
Department a record stating the reasons the alcohol test
was not promptly administered. If an alcohol test required
by this section is not administered within eight (8) hours of
the accident, the supervisor shall cease attempts to
administer an alcohol test and shall prepare a report
stating why the test was not done and forward the report
to the Personnel Department.
(d) If a controlled substance test is required, the test must be
done as soon as possible. If the test has not been
administered within thirty-two (32) hours of the accident,
the supervisor shall prepare a report stating why the test
was not done and forward the report to the Personnel
Department.
RANDOM TESTlNG
1. Annually, fifty percent (50%) of the total number of covered commercial
drivers subject to DOT regulations will be tested for controlled substances
and twenty-five percent (25%) of the covered commercial drivers will be
alcohol tested.
2. Drug and alcohol tests will be unannounced and spread reasonably
throughout the calendar year. Ail employees in the random pool have an
equal chance of selection and shall remain in the pool even after being
tested. Alcohol tests may only be administered prior to, during, or after the
performance of a safety-sensitive function. Selection of drivers for testing
will be done by the City's testing agency.
3. The names produced from the random selection will be forwarded to the
appropriate Department Head and/or Supervisor by the Personnel
Department. The selection will remain confidential until the Department
Head/Supervisor notifies the commercial driver in accordance with DOT.
4. If the name of an employee who is not on duty is forwarded to the
Department Head/Supervisor, the name will be retained in a confidential
manner and the employee will be notified immediately upon returning to
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work. The employee will report immediately to the lab, but not later than
eight (8) hours after returning to work.
Reasonable Suspicion Testing:
Based upon reasonable suspicion (see definition of reasonable suspicion), a
supervisor may require alcohol or drug testing. A supervisor who has
reasonable suspicion that an employee has used alcohol or drugs in violation
of this policy must:
(a) Prohibit the employee from working or continuing to work;
and
Co) Document, on the Reasonable Suspicion form, the behavior
observed, which must be based on specific, objective facts
or on-duty behavior concerning appearance, behavior,
speech, or body odor.
(c) All reasonable suspicion tests must be approved by the
Personnel Director or her designee. In the absence of the
authorized individual from the Personnel Department, the
Department Director may require the test.
(d) Reasonable suspicion testing may be authorized if the
observations are made during, just before, or just after the
driver performs safety-sensitive functions.
(e) Procedures outlined in this policy under "Suporvisor's
Responsibilities" will be followed in regard to reasonable
suspicion testing.
Return to Duty Testing:
The employee may not return to duty until the employee undergoes
evaluation by a SAP, and, where necessary, treatment.
The City will ensure that before a driver returns to duty, the alcohol
concentration is less than 0.02 on a return-to-duty test or negative on a
return-to-duty controlled substance test.
Follow-up Testing:
Following a determination by the SAP that a driver is in need of assistance
in resolving problems associated with alcohol abuse and/or drugs, the City
will ensure that the employee is subject to unannounced follow-up testing as
directed by the SAP.
The number and frequency of such follow-up testing will be determined by
the SAP. Follow-up testing will not exceed sixty (60) months from the
driver's return to duty date.
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Confidentiality of Controlled Substances and Alcohol Testing Record~
The City shall maintain records required to be kept by the Department of
Transportation in a secure manner that assures that disclosure to
unauthorized persons docs not occur. The City will not release information
contained in these records except under one of the following circumstances:
(a) An employee is entitled to obtain copies of records
pertaining to the employee's use of alcohol or controlled
substances.
(b) The City must make records available upon request to the
DOT or other regulatory agencies having jurisdiction over
the City or commercial driver.
(c) Records must be made available to a subsequent employer
upon receipt of a written request from an employee.
(d) The City may release information to a judge or other
decision maker in a lawsuit, grievance, or other proceeding
initiated by or on behalf of the commercial driver and
arising from the results of an alcohol or controlled
substance test.
(e) The City must release information to an identified person
upon the receipt of written consent by the employee.
TRAINING
The City will provide training to supervisors with the authority to determine whether
reasonable suspicion exists and to require a driver to undergo testing. Two (2) hours of
training will be provided to cover the physical, behavior, speech, and performance indicators
of probable alcohol abuse and use of controlled substances.
The City will provide one (1) hour of training to drivers on the policy and procedures of the
alcohol and controlled testing program. Educational material will also be provided and each
driver will be required to sign for receipt of the material.
REHABILITATION
The City believes that whenever possible rehabilitation is the preferred solution to any
substance abuse problem. The City will therefore extend the rehabilitation option whenever
pozsible to an eligible employee. Failure to seek such assistance, or failure to abide by the
treatment plan will be grounds for termination."
Section 2. That the City Council hereby directs the Personnel Director to supply
all employees who hold a commercial drivers license with a copy of the policy adopted
herein and that acknowledgement of receipt thereof bc recorded in each employee's
personnel file.
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DOC #: 338022
Section 3. That this ordinance shall become effective immediately upon passage
and approval, and it is so ordained.
PASSED AND APPR/O_~,D BY TH.F~9 CITY COUNCIl, OF THE CITY OF THE
COLONY, TEXAS, this ~ W.%lay of .-~'~.~.. ,1996.
ST:
Patti Hicks, City Secretary
City of The Colony, Texas
APP ,i~.OVED AS TO FORM:
Petal E~kert, City Attorney
City of The Colony, Texas
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