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HomeMy WebLinkAboutResolution #3346RESOLUTION NO. 3 346 A RESOLUTION APPROVING A DRUG AND ALCOHOL POLICY FOR THE CITY OF CANTON IN COMPLIANCE WITH THE U.S. DEPARTMENT OF TRANSPORTATION WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the proposed drug and alcohol policy, a copy of which is attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is in the best interest of the City of Canton to approve said policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That said Drug and Alcohol Policy, a copy of which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said policy be subject to and effective pursuant to the terms and conditions set forth therein. 2. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a October 15, 1996 regular meeting this 15th day ofI&~ 1996, upon a roll call vote as follows: AYES: Aldermen May, Shores, Meade, Nidiffer, Phillips, Sarff, Hartford, Molleck. NAYS: None . ABSENT: None , APPR ~jED: J ~ /V ~ ~/fL' / ~ l Donald E. Edwards, Mayor Attest: Nancy Whites, ity Clerk. City of Canton, Illinois DRUG AND ALCOHOL POLICY I. GOAL It is the goal of this company to provide a safe workplace by eliminating the hazards to health and job safety created by alcohol and other drug abuse in compliance with the U.S. Department of Transportation 49 CFR Part 40 and Part 382. Clif O'Brien Company Designee, shall be the contact person for the purposes of this policy and any and all inquiries, correspondence or other communication shall be addressed to the Company Designee. This Drug and Alcohol Policy is effective as of January 1, 1996. II. SCOPE All employees subject to DOT regulation employed by this company in a safety-aenaitive functions are subject to controlled substance and alcohol testing. Such tests will be conducted under the following circumstances: A. PRE-EMPLOYMENT TESTING: All candidates for employment and employees transferring from elsewhere in the company who will perform a safety-sensitive function will be tested for controlled substances. A candidate or transferee employee who fails to pass such teat will be eliminated from further consideration for employment. Pre-employment testing for alcohol is suspended as of May 1, 1995 per the Federal Motor Carrier Safety Regulation 49 CFR, Part 382.301. B. REASONABLE CAUSE TESTING: If the Company has reasonable suspicion to believe that an employee's behavior or appearance may indicate alcohol or drug use, the Company shall require the employee be tested for controlled substance and alcohol. A Company representative shall escort the employee to PROCTOR FIRST CARE for testing. C. POST ACCIDENT TESTING: The Company shall require an employee to provide urine sample to be tested for the use of controlled substances as soon as possible, but not later than 32 hours, and provide breath sample to be tested for alcohol as soon as possible, but no later than 8 hours after an accident. The testing is required when an employee of this company while performing a safety-sensitive function is involved in an accident which results in the lose of human life; or who receives a citation for a moving traffic violation arising from the accident. D. RANDOM TESTING: Pursuant to U.S. Department of Transportation requirements, the Company is required to teat 25$ of its safety-aenaitive employees for alcohol and 50$ for controlled substances. The Company will ensure the selection of drivers for random alcohol and controlled substances testing will be made by a scientifically valid method. This will include a random number table of computer based random number generator that is matched with the driver's social security number. PROCTOR FIRST CARE has been designated to conduct such testing and will be solely responsible for the selection. Once notified of being selected, the driver must proceed immediately to the testing site at PROCTOR FIRST CARE; provided, however, that if the driver is performing a safety-sensitive function at the time of notification, the employer shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible. A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions. Items E and F apply only if Option B of this Policy is checked E. RETURN-TO-DUTY TESTING: Before a driver who either failed an alcohol or controlled substances test or refused to be tested may return to performing safety-sensitive functions, the driver must undergo a return-to-duty alcohol teat with a result indicating an alcohol concentration of less than 0.02 and have a verified negative result for controlled substances use. F. FOLLOW-UP TESTING: Following a determination, by a substance abuse professional, that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the driver shall be subject to a minimum of six (6) unannounced testa during the first year from the date of return-to-duty. Follow-up testing may not exceed sixty (60) months from date of return-to-duty. III. PROHIBITIONS FOR ALCOHOL AND CONTROLLED SUBSTANCES Alcohol Prohibitions: Prohibits any alcohol misuse that could affect performance of a safety-sensitive function, including: 1. Use while performing safety-sensitive function; 2. Use during the 4 hours before performing safety-sensitive function; 3. Reporting for duty or remaining on duty to perform safety-sensitive functions with an alcohol concentration of 0.04 or greater; 4. Possession of alcohol, unless the alcohol is manifested and transported as part of a shipment; 5. Use during 8 hours following an accident, or until he/she undergoes a post accident test; and 6. Refusal to submit to a required test. A driver found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform, nor be permitted to perform, safety-sensitive functions for at least 24 hours. Controlled Substances Prohibitions: The regulations prohibit any drug use that could affect performance of safety-sensitive functions, including: 1. Use of any drug, except by doctor's prescription and then only if the doctor has advised the driver that the drug will not adversely affect the driver's ability to safely operate a commercial motor vehicle; 2. Testing positive for controlled substances; and 3. Refusal to submit to a required test. IV. CONSEQUENCES FOR ALCOHOL AND~OR CONTROLLED SUBSTANCES PROHIBITIONS (check the one Option that applies to your company) / / Opt ion A The consequences for engaging in conduct prohibited as outlined; will result in termination. An employee engaged in violations of these prohibitions will be advised by the company of resources available to the driver in evaluation and resolving problems associated with the misuse of controlled substances or alcohol, even though the driver is terminated. / X~ Option B The consequences for engaging in conduct prohibited as outlined; will result in referral, evaluation, treatment and testing requirements. A diver who has a positive drug and/or alcohol test will result in a driver being immediately removed from performing safety-sensitive functions. In addition, the employee will be referred to a substance abuse professional (SAP) for an evaluation to determine what, if any, rehabilitation is needed to resolve problems associated with alcohol misuse or controlled substances use. When the driver has complied with all the recommendations of the SAP, the driver must request the results of the evaluation and notification of release be given to the company. Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited as outlined in Paragraph III of this policy, shall undergo a return-to-duty and follow-up testing as defined in Paragraph II, Subpart E and F of this policy. After two violations of this policy the driver shall be terminated. V. TESTING RESULTS A. ALCOHOL TESTING will require breath testing using evidential breath testing device (EBT) approved by the National Highway Traffic Safety Association (NHTSA) and will be administered by a certified breath alcohol technician (BAT). Two breath tests are required to determine if a driver has a prohibition alcohol concentration. A screening teat is conducted first. Any screening result leas than 0.02 alcohol concentration is considered a negative test. If the screening teat alcohol concentration is 0.02 or greater, a second teat, the confirmation teat must be conducted. The confirmation test; if required, must be conducted using an EBT that prints out the results, date and time, a sequential test number, and the name and aerial number of the EBT to ensure the reliability of the results. The confirmation test results determine any actions taken. A Confirmation test 0.04 or greater alcohol concentration is considered a positive teat. Results from both the screening and/or confirmation test will be transmitted to this company. B. CONTROLLED SUBSTANCES TESTING is conducted by analyzing a driver's urine specimen. The analysis is performed at a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMHSA), which is part of the Department of Health and Human Services (DHHS). The driver provides a urine specimen and completes a chain of custody document. The urine specimen is subdivided into two bottles labeled as a "A" the primary and a "B" the split specimen. Both bottles are sent to the laboratory. Only the primary specimen is opened and used for the urinalysis. The split specimen bottle remains sealed and is stored at the laboratory. After urinalysis at the laboratory, the results will be reviewed by the MRO before they are reported to the company. Following a verification of the primary specimen or the split specimen, as applicable, the MRO will release the result to the company. VI. DEFINITIONS A. ALCOHOL means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. B. ALCOHOL USE means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. C. PERFORMING (a safety-sensitive function) means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. D. SAFETY-SENSITIVE FUNCTION means any of those on-duty function set forth in 395.2 of the Federal Motor Carrier Safety Regulations, On-Duty time, paragraphs 1-9 as outlined: (1) All time at a carrier 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 motor carrier; (2) All time inspecting equipment as required by, 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial vehicle at any time; (3) All driving time as defined in the term driving time of this section; (4) All time, other than driving time, in or upon any commercial motor vehicle (CMV) except time spent resting in sleeper berth; (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; (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle; (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with any and all testing requirements; (8) Performing any other work in the capacity of, or in the employ or service of, a common, contract or private motor carrier and (9) Performing any compensated work for any nonmotor carrier entity. E. REFUSAL TO SUBMIT (to an alcohol or controlled substances test) means that driver 1) fails to provide adequate breath for alcohol testing as required by 49 CFR Part 40, without a valid medical explanation, after he or she has received notice of the requirement for breath testing in accordance with the provisions of this part, 2) fails to provide an adequate urine sample for controlled substances testing as required by 49 CFR Part 40, without a genuine inability to provide a specimen (aa determined by a medical evaluation), after he or she has received notice of the requirement for urine testing in accordance with the provision of this part, or 3) engages in conduct that clearly obstructs the testing process. F. DRIVER means any person who operates a CMV. This includes but is not limited to: full time, regularly employed drivers, casual, intermittent or occasional drivers, leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer or who operate a CMV at the direction of or with the consent of an employer. G. DRIVE TIME means all time spent at the driving controls of a CMV in operation. RECEIPT CERTIFICATE DRUG & ALCOHOL POLICY AND EMPLOYEE ASSISTANCE INFORMATION I, do certify that I have received educational materials explaining the effects of alcohol and controlled substances use on an individual's health, work and personal life; signs and symptoms of alcohol or a controlled substances problem. I, , do certify that I have received, read, and understand the copy of the Drug & Alcohol Policy, effective issued by I hereby accept the Drug & Alcohol Policy as a term of employment. I further acknowledge that I will comply with all of the requirements of Federal Motor Carrier Safety Regulations (49 CFR Part 40) and all other federal, state and local rules and laws. I give my full consent to the release of controlled substances and alcohol test results, and if necessary, Substance Abuse Professional's evaluation report to my employer. I further understand that my failure to honor all the terms of this certificate and the above mentioned Drug & Alcohol Policy is grounds for immediate termination of my employment. Print Employee Name Employee Signature Witness Signature Date Date CONSENT FORM FOR PRE-EMPLOYMENT CONTROLLED SUBSTANCES TESTING I, (Applicant's Name) hereby give my consent to controlled substances testing as outlined in the Federal Motor Carrier Safety Regulations, Part 382.301 for pre-employment testing requirements. As a condition of my employment, I further agree to urine sample collection and controlled substance testing. I understand a positive teat for controlled substances will disqualify me from the operation of a commercial motor vehicle for this company and I will be denied employment with this company. I give my consent to the release of urinalysis test result to the Medical Review Office (MRO), who will then report the urinalysis teat result to this company. Applicant's Name (print) Applicant's Signature Date WITNESSED: Company Representative's Signature Date CONSENT FOR INFORMATION FROM PREVIOUS EMPLOYER ON ALCOHOL & CONTROLLED SUBSTANCES TESTING TO BE COMPLETED BY PROSPECTIVE EMPLOYEE: (Print Name) First M. Last Social Security Number Provide name of previous employer: Company Name: Address: City/St/Zip: Telephone: ( ) Fax:( ) In compliance with 382.405 (f) and (h) and 382.413 (b) of the Federal Motor Carrier Safety Regulations, release and forward information requested to: Provide name of prospective employer: Company Name: Address: City/St/Zip Telephone: ( ) ( ~ TO BE COMPLETED BY PREVIOUS EMPLOYER: Has this person: Tested positive for Controlled substance in the last 2 years Yes No Tested positive Alcohol (BAC 0.04 or greater) in the last 2 years Yes No Refused a required drug/alcohol test in the last 2 years Yes No If YES to any of the above, please give SAP (Substance Abuse Professional) information: Name: Address: City/St/Zip Telephone: ~ Completed by: Signature Date TO SE COMPLETED BY PROSPECTIVE EMPLOYER This form was / / faxed / /mailed to previous employer on (date) Information regarding the prospective employee was received from (Name of Previous Employer and name of its representative) by (Name of Prospective Employer and name of its representative) by / / fax, / / mail, / / phone, / / personal interview on (date) f OBSERVED BEHAVIOR Employee Number REASONABLE SUSPICION RECORD Incident Number Location of Incident This form must be completed by the employer or his authorized representative every time a regulated employee is suspected of drug/alcohol use by action, appearance or conduct when reporting for duty, while on duty, or at the conclusion of being on duty. Date Observed Time Observed From a.m./p.m To a.m./p.m. Employee's Name Reasonable Suspicion Determined For: Alcohol Controlled Substances Appearance:Normal Sleepy Tremors Clothing Cleanliness- Description: Mood Swings Confused Irritable Combative Drowsy Motor Skills: Normal Poor Coordination Description• Other: WITNESSED BY: Signature Title Date Time am/pm Signature Title Date Time am/pm Behavior: Normal Inappropriate gaiety Erratic Description: By signing this form, i further certify that i have received training in for both controlled substance and alcohol abuse accordance with Federal Motor Carrier Safety Regulations, 49 CFR Part 40, Section 382.603. CONSENT TO RELEASE SUBSTANCE ABUSE EVALUATION I, understand that a driver who has engaged in conduct prohibited by Subpart B of Part 382.201-209 shall be evaluated by a substance abuse professional who shall determine if assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. I authorized the substance abuse professional to release information to this company in regard to the evaluation provide to me in compliance with Federal Motor Carrier Safety Regulation Part 382.605, Referral, evaluation and treatment. Employee' Name (print) Employee's Signature Witnessed: Company Representative's Signature Date Date CONSENT FORM FOR PRE-EMPLOYMENT CONTROLLED SUBSTANCES TESTING I, (Applicant's Name) hereby give my consent to controlled substances testing as outlined in the Federal Motor Carrier Safety Regulations, Part 382.301 for pre-employment testing requirements. As a condition of my employment, I further agree to urine sample collection and controlled substance testing. I understand a positive teat for controlled substances will disqualify me from the operation of a commercial motor vehicle for this company and I will be denied employment with this company. I give my consent to the release of urinalysis test result to the Medical Review Office (MRO), who will then report the urinalysis test result to this company. Applicant's Name (print) Applicant's Signature Date WITNESSED: Company Representative's Signature Date CONSENT FOR INFORMATION FROM PREVIOUS EMPLOYER ON ALCOHOL & CONTROLLED SUBSTANCES TESTING TO BE COMPLETED BY PROSPECTIVE EMPLOYEE: (Print Name) First M. Last Social Security Number Provide name of previous employer: Company Name: Address: City/St/Zip: Telephone: ( - Fax:( ) In compliance with 382.405 (f) and (h) and 382.413 (b) of the Federal Motor Carrier Safety Regulations, release and forward information requested to: Provide name of prospective employer: Company Name• Address: City/St/Zip Telephone: ( ) ( ) TO BE COMPLETED BY PREVIOUS EMPLOYER: Has this person: Tested positive for Controlled substance in the last 2 years Yes No Tested positive Alcohol (BAC 0.04 or greater) in the last 2 years Yes No Refused a required drug/alcohol test in the last 2 years Yes No If YES to any of the above, please give SAP (Substance Abuse Professional) information: Name: Address: City/St/Zip Telephone: ( ) Completed by: Signature Date TO BE COMPLETED BY PROSPECTIVE EMPLOYER This form was / / faxed / /mailed to previous employer on (date) Information regarding the prospective employee was received from (Name of Previous Employer and name of its representative) by (Name of Prospective Employer and name of its representative) by / / fax, / /mail, / / phone, / / personal interview on (date)