HomeMy WebLinkAbout00-018
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CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 00-18
RESOLUTION ADOPTING
TRANSPORTATION EMPLOYEE DRUG AND ALCOHOL MODEL POLICY
UNDER THE OMNIBUS TRANSPORA TION EMPLOYEE TESTING ACT
WHEREAS, the City of Arden Hills is genuinely concerned with the use and abuse of
unauthorized drugs and alcohol as they relate to the safety and work performance of its
employees in safety sensitive positions, specifically employees with Commercial Drivers
Licenses (CDL's). Arden Hills recognizes a growing nationwide concern with drug and alcohol
abuse in the workplace and its negative impact on productivity, safety and employee morale; and
WHEREAS, the City of Arden Hills wishes to protect the employee, co-workers and the public
from the hazards created by an employee in a safety-sensitive position who might endanger
his/her/others health and well being through the use of unauthorized drugs and/or alcohol; and
WHEREAS, under the Federal Occupational Health and Safety Act for Workplace Safety, it is
the City's responsibility to maintain a safe working environment for all its employees; and
WHEREAS, effective June 12. 2000, the City's initial regulations and procedures for drug free
workplace for employees in safety sensitive positions, as adopted by Resolution No, 95-89 on
December 26, 1995, and effective on January I, 1996, are hereby revised in accordance with the
policy entitled, Attachment A, attached hereto and made a part thereof, and encompassing the
controlled substance and alcohol testing requirements of:
The Federal Department of Transportation, Federal Highway Administration as outlined
in 49CFR, Part 391, Subpart H and Part 382. The Minnesota Department of
Transportation, effective August 1,1993, essentially adopted the Federal requirements
with some exceptions and earlier implementation dates.
The purpose of these procedures is to establish employer-based alcohol and controlled
substances testing programs to help prevent accidents and injuries resulting from the
misuse of alcohol and controlled substances by drivers of commercial motor vehicles
(CMV). This regulation prohibits any alcohol misuse that could affect performance of
driving a CMV, including: i) use on the job; 2) use during the four hours before driving a
CMV; 3) having prohibited concentrations of alcohol in the system while driving
CMV's' 4) use during eight (8) hours following an accident; and 5) refusal to take a
required test. This regulation prohibits any controlled substances use, without a licensed
doctor or medicine or osteopathy's written prescription.
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Resolution No. 00.18
Page Two
June 12, 2000
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills,
Minnesota that:
1) The City of Arden Hills hereby adopts the attached regulations and procedures for
employees in safety sensitive positions as mandated by the Federal Department of
Transportation, Federal Highway Administration as outlined in 49 CFR, Part 391,
Subpart H and Part 382. In addition, the attached regulations and procedures
reflect the conditions and limitations for drug and alcohol testing in the workplace
according to Minnesota Statute.
2) The City Administrator is hereby authorized to serve as the City's Anti-Drug
Program Manager
3) The City Administrator is hereby authorized to execute an Anti-Drug and Alcohol
Plan for the City of Arden Hills; and Associate Member Participation Agreement
with the Minnesota Counties Insurance Trust.
PASSED AND ADOPTED BY THE CITY COUNCIL OF
THIS 12th DAY OF JUNE, 2000.
ATTEST:
DENNIS PROBST, MAYOR
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CITY OF ARDEN HILLS
POLICY IMPLEMENTING
TRANSPORTATION EMPLOYEE DRUG AND ALCOHOL POLICY UNDER
THE OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT
(ADOPTED BY CITY COUNCIL 6/12/00 AND EFFECTIVE 6/12/00)
The abuse of drugs and alcohol is a nationwide problem that affects persons of every age, race
and gender. The City of Arden Hills recognizes that work performance and safety problems are
created when employees use or abuse illegal drugs and/or alcohol. The City of Arden Hills
wishes to provide a safe workplace for its employees and to maintain a drug and alcohol free
workplace, The City of Arden Hills has established the following policy on drugs and alcohol
with drug and alcohol testing provisions mandated by the Omnibus Transportation Employee
Testing Act of 1991.
1.
POLICY
All employees are strictly prohibited from using, possessing, manufacturing, dispensing,
selling, or transferring drugs, alcohol or drug paraphernalia or being under the influence
of drugs or alcohol while working or performing job duties or while on City premises or
while operating City vehicles, machinery or equipment. No employee shall perform
safety-sensitive functions within four (4) hours after using alcohol. "Drugs" are defined
as any controlled substance, Any employee found to be in violation of this policy is
subject to discipline up to and including termination of employment.
2. COVERAGE
The Omnibus Transportation Employee Testing Act (the Act), requires that all employees
whose job duties include the operation of a commercial motor vehicle and who are
required to hold a commercial driver's license (CDL), shall be subject to drug and alcohol
testing. "Commercial Motor Vehicle" (CMV), means a motor vehicle or combination of
motor vehicles used to transport passengers or property if the motor vehicle meets any
one of the following criteria:
A.
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
B.
Has a gross combination vehicle weight rating of26,001 or more pounds; or
c.
Is designed to transport seven (7) or more passengers including the driver; or
D.
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.
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All applicants, including persons currently employed by the City of Arden Hills that
apply for a position where job duties include operating CMV's, will be required to take a
drug and alcohol test, pursuant to the federal regulations, if a job offer is made.
3.
DEFINITIONS
Accident means an occurrence involving a CMV operating on a public road that results
Ill:
1. A fatality; or
2, Bodily injury to a person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or
3, One (1) or more motor vehicles incurring disabling damage as a result of
the accident, requiring the vehicle to be transported away from the scene
of the accident by a tow truck or other vehicle.
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or other low
molecular weight alcohol, including methyl or isopropyl alcohol.
Alcohol Conccntration (or content) means the alcohol in a volwne of breath
expressed in terms of grams of alcohol per 210 liters of breath as indicated by an
evidential breath test under this policy and federal regulation.
Alcohol Use means the consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
Appointing Authority means the City Administrator or other City officer to whom the
Administrator has delegated authority to appoint personnel.
Breath Alcohol Technician (BAT) means an individual who instructs and assists
individuals in the alcohol testing process and operates an Evidential Breath Test Device
(EBT).
Chain of Custody means procedures to account for the integrity of each urine specimen
by tracking its handling and storage from point of specimen collection to final disposition
of the specimen. With respect to drug testing, these procedures shall require that an
appropriate Drug Testing Custody Form be used from time of collection to receipt by the
laboratory and that upon receipt by the laboratory an appropriate Laboratory Chain of
Custody Form(s) account(s) for the sample or sample aliquots (split samples) within the
laboratory.
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City or City of Arden Hills means the City of Arden Hills, Minnesota, acting through its
City Administrator or a designee of the City Administrator.
Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles
used to transport passengers or property if the motor vehicle:
(a) Has a gross combination weight rating of 26,000 or more pounds;
(b) has a gross vehicle weight rating of26,001 or more pounds, inclusive of a towed
unit with a gross vehicle weight rating of more than 10,000 pounds; or
(c ) is designed to transport seven (7) or more passengers including the driver; or
(d) is of any size and is used in the transportation of materials found to be Hazardous
Materials Transportation Act and which require the motor vehicle to be marked or
placarded under the hazardous materials regulations, 49 C.F.R" Part 172, Subpart
F.
A commercial motor vehicle does not include a fire truck or other emergency fire
equipment.
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Confirmation (or confirmatory) Test. In drug testing, a second analytical procedure to
identifY the presence of a specific drug or metabolite that is independent of the screening
test and that uses a different technique and chemical principle from that of the screening
test, in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry,
(GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates,
amphetamines, and phencyclidine.) In alcohol testing, a second test, following a
screening test with a result of 0,02 or greater that provides quantitative data of alcohol
concentration,
Confirmatory Retest for controlled substances, it means a third analytical
procedure to reconfirm the presence of a specific drug or metabolite. If the test result of
the primary specimen is positive, the driver may request that the MRO direct the split
specimen be tested in any different DHHS ' certified laboratory for presence of the
drug(s).
Consortium means an entity, including a group or association of employers or
contractors, that provides alcohol or controlled substance testing as required by federal
regulations, or other U ,So Department of Transportation alcohol or controlled substances
testing rules, and that acts on the behalf of the employers.
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Controlled Substance has the meaning assigned by 21 U.S. C 802 and includes all
substances listed on Schedule 1-5 as they may be revised from time to time (21 C.F.R.
Part 1308).
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DHHS means the Department of Health and Human Services or any designee of the
Secretary of the Department of Health and Human Services,
DOT Agency is an agency (operating administration) of the United States Department of
Transportation administering regulations requiring alcohol and/or drug testing in
accordance with 49 C.F.R" Part 40.
Driver means any person who operates or maintains a commercial motor vehicle. This
includes, but is not limited to full-time, regularly employed drivers, part-time and
temporary drivers, leased drivers and independent owner/operator contractors who are
either directly employed by or under lease to the City or who operate a commercial motor
vehicle at the direction of or with the consent of the City. For the purposes of pre-
employment/pre-duty testing only, the term "driver" includes a person applying to the
City for employment to drive a commercial motor vehicle.
Drug means any substance (other than alcohol) that is a controlled substance as defined
in 49 C.F.R., Part 40,
Evidential Breath Testing Device (EBT) means an EBT approved by the National
Highway Traffic Safety Administration (NHSA) for the evidential testing of breath.
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Employer means the City of Arden Hills acting through its City Administrator or a
designee of the City Administrator.
FHW A means the Federal Highway Administration.
Medical Review Officer (MRO) means a licensed physician 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 is 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, or in a state of
readiness to perform any safety sensitive function while on duty.
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Random Selection means a mechanism for selection of employees for testing where each
employee has an equal chance of being tested each time selections are made.
Reasonable Suspicion means that the City of Arden Hills believes the appearance,
behavior, speech or body odors of a driver are indicative of the use of a controlled
substance or alcohol based on the observation of at least one (I) supervisor or official
who has received training in the identification of behaviors indicative of drug and alcohol
use.
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Refusal to Submit (to an alcohol or controlled substance test) means that an
employee:
A. Fails to provide adequate breath for testing without a valid medical explanation
after her or she has received notice of the requirement for breath testing;
B, F ails to provide adequate urine for controlled substances testing without a valid
medical explanation after he or she has received notice of the requirement for the
urine testing; or
C. Engages in conduct that clearly obstructs the testing process,
Safety Sensitive Function means at all times from the time a driver begins to work or is
required to be in readiness to work until the time he/she is relieved from work and all
responsibility for performing work and includes the following:
A. All time at a carrier or shipper plant, terminal, facility, or other property, or on
any public property, waiting to be dispatched or in a state of readiness to drive
and/or maintain a commercial motor vehicle, unless the driver has been relieved
from duty by the City of Arden Hills;
B.
All time inspecting equipment as required by the Federal Motor Carrier Safety
Regulations or otherwise inspecting, servicing, or conditioning a CMV at any
time;
All time spent at the driving controls of a CMV;
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D. All time, other than driving time, in or upon any CMV except time spent resting
in a sleeper berth;
E. All time loading or unloading a CMV, supervising, or assisting in the loading or
unloading, attending a CMV being loaded or unloaded, remaining in readiness to
operate the CMV, or in giving receiving receipts for shipments loaded or
unloaded;
F. All time spent performing the driver requirement on the Federal Motor Carrier
Safety Regulation relating to accidents;
G. All time repairing, obtaining assistance, or remaining in attendance upon a
disabled CMV,
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Screening Test (also known as Initial Test) in alcohol testing, it means an
analytical procedure to determine whether a driver may have a prohibited concentration
of alcohol in his or her system, In controlled substance testing, it means an immunoassay
screen to eliminate "negative" urine specimens from further consideration,
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State of Readiness means a driver who is on call, ready to be dispatched, to perform
safety sensitive functions while on duty.
Substance Abuse Professional (SAP) means a licensed physician 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 treatment of alcohol and controlled substances-related disorders.
Supervisor means the person designated by the City to perform supervisory functions
over the City's drivers.
Violation Rate means the number of drivers found during random tests given pursuant to
this policy and federal regulations to have an alcohol concentration of 0.04 or greater, plus
the number of drivers who refuse a random test required by this policy and federal
regulations, divided by the total reported number of drivers in the industry given random
alcohol tests pursuant to this policy and federal regulations, plus the total reported number
of drivers in the industry who refuse a random test required by this policy and federal
regulations.
CIRCUMSTANCES UNDER WHICH
DRUG AND ALCOHOL TESTS SHALL BE REQUIRED OR REQUESTED
DURING THE APPLICATION PROCESS
All job applicants, including persons currently employed by the Employer, applying for a job
where duties include operating the Employer CMV's are required to undergo testing for alcohol
and drugs if a job offer is made. The job offer is contingent upon a negative drug and alcohol
test report and the applicant's written agreement authorizing former employers to release to the
Employer all information on thc applicant's alcohol tests with a concentration result of 0,04 or
greater, positive controlled substances test results, and refusals to be tested, within the preceding
two (2) years,
REASONABLE SUSPICION
A drug test shall be required if the Employer has a reasonable suspicion that an employee has
violated the provision of this policy regarding alcohol or controlled substances. Reasonable
suspicion alcohol tests should be administered as soon as practicable. Ifthe test is not
administered within two (2) hours, the reason shall be documented.
If the alcohol test is not administered within eight (8) hours, all attempts to conduct the test shall
cease and the reasons shall be documented. Notwithstanding the absence of a reasonable
suspicion alcohol test, the employee shall not be permitted to perform or continue to perform
safety-sensitive functions until twenty-four hours have elapsed following the determination of
reasonable suspicion.
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POST-ACCIDENT
A post-accident alcohol and drug test is required if an employee operating a CMV is involved in
an accident, as defined in this policy that results in:
L The death of a person or persons regardless of the amount of vehicle or property damage;
or
2, The employee receives a citation for a moving traffic violation arising from the accident.
The employee must provide an alcohol test sample as soon as practicable after the occurrence of
the accident. If the employee does not receive the test within two (2) hours of the accident, the
reasons shall be documented. Atler eight (8) hours, all attempts to conduct the alcohol test shall
cease and the reasons shall be documented. The employee must provide a urine sample for
controlled substances testing as soon as practicable after the accident. After thirty-two (32)
hours, all attempts to conduct the test shall cease and the reasons shall be documented, An
employee subject to post-accident testing must remain available or the employee shall be
considered to have refused to submit to testing. The employee is prohibited from using alcohol
for eight (8) hours following the accident or until the employee has undergone a post-accident
alcohol test, whichever comes first.
RETURN -TO-DUTY TESTING
An employee found to have violated this policy shall not return to work until after undergoing
return-to-duty tests indicating an alcohol concentration of less than 0,02 and a verified negative
result for controlled substances,
FOLLOW-UP TESTING
Following a determination by a SAP that an employee is in need of assistance in resolving
problems with alcohol abuse and/or controlled substances use, an employee shall be subject to
Ull31illounced follow-up alcohol and/or controlled substances testing as directed by the SAP,
Follow-up testing shall not exceed sixty (60) months from the date of the employee's return to
duty.
RANDOM TESTING
The City of Arden Hills will randomly select employees subject to this policy for unannounced
alcohol and controlled substances testing using a computer based random number generator that
is matched with an employee's identifying number. Alcohol testing shall be performed just
before, during or after an employee's performance of safety-sensitive duties. Employees selected
for testing must proceed immediately to the testing site; provided, however, that if an employee
is performing a safety-sensitive function at the time of notification, the employee shall cease
performing the safety-sensitive function and proceed to the testing site as soon as possible.
FWHA rules require the City of Arden Hills to conduct random controlled substances testing on
fifty percent (50%) ofthe average number of employees and random alcohol testing on ten
percent (l0%) of the average number of employees.
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Employees may be selected for more than one test per year. Tests shall be spread reasonably
throughout the year.
DRUG AND ALCOHOL TESTING
Controlled substances testing is conducted by analyzing an employee's urine specimen. Split
urine samples will be collected according to FHW A regulations. The employee will provide a
urine sample at a designated collection site, The collection site person shall pour the urine
specimen into two (2) bottles labeled "primary" and "split", seal the specimens, complete a chain
or custody document and prepare the bottles for shipment to the testing laboratory for analysis.
lfthe employee is unable to provide the appropriate quantity of urine, the collection site person
shall instruct the employee to drink not more than twenty-four (24) ounces of fluids and, after a
period of no more than two (2) hours, again attempt to provide a complete sample. If the
employee is still unable to provide a complete sample, the testing shall be discontinued and the
Employer notified. The MRO shall refer the employee for a medical evaluation to determine if
the employee's inability to provide a specimen is genuine or constitutes a refusal to test. For pre-
employment testing, the City of Arden Hills may elect to not have the referral made and revoke
the employment offer.
The testing laboratory reports drug test results directly to the MRO. The MOR reports the results
to the City of Arden Hills' designated contact person. If the results are negative, the City of
Arden Hills is informed and no further action is necessary. If the test result is confirmed positive
the MRO shall give the employee an opportunity to discuss the test result. The MOR must
review any medical records supplied by an employee to determine if a confirmed positive test is
the result of the employee having taken legally prescribed medication. The MOR shall notify
each employee that the employee has seventy-two (72) hours in which to request a test ofthe
split specimen at the employee's expense, The MOR will contact the employee directly, on a
confidential basis, to determine whether the person wishes to discuss the positive test result.
The MOR will review the confirmed positive test result to determine whether there is an
acceptable medical reason for the positive result. The MRO shall verify and report a positive test
result to the City of Arden Hills when there is no legitimate medical reason for a positive test
result as received from the testing laboratory.
If, after making reasonable efforts and documenting these efforts, the MOR is unable to reach the
employee directly, the MRO must contact the designated Employer contact person, who shall
direct the employee to contact the MRO. lfthe City of Arden Hills' contact person is unable to
contact the employee, the employee will be placed on suspension.
The MOR may verity a test positive without having communicated directly with the employee
about the test results under the following circumstances:
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The employee expressly declines the opportunity to discuss the test results.
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The employee has not contacted the MRO within five (5) days of being instructed
to do so by the City of Arden Hills.
The FWHA alcohol test rules require breath testing administered by a BAT using an EBT. Two
breath tests are required to determine if a person has a prohibited alcohol concentration. Any
result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol
concentration is 0.02 or greater, a second confirmation test must be conducted. If an employee
attempts and fails to provide a adequate amount of breath, the City of Arden Hills will direct the
employee to obtain written evaluation from a licensed physician to determine ifthe employee's
inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are
reported directly to the designated City of Arden Hills contact person.
LICENSED TESTING LABORATORY
The testing laboratory shall be Healthcomp Evaluation Services Corporation (HESC), 2147 West
County Road D, St. Paul, MN 55112, (Phone: 888-558-8378), which is a lab certified to
perform controlled substance testing according to DHHS regulations.
PROHIBITED DRUG AND ALCOHOL RELATED CONDUCT
The following alcohol and controlled substance-related activities are prohibited by the FWHA's
drug and alcohol rules for drivers of CMV's:
I.
Reporting for duty or remaining on duty to perform safety-sensitive functions
while having an alcohol concentration of 0.04 or greater;
2, Being on duty or operating a CMV while the employee possesses alcohol, unless
the alcohol is manifested and transported as a part of a shipment. This includes
the possession of medicines containing alcohol (prescription or over-the-counter),
unless the packaging seal is unbroken'
3. Using alcohol while performing safety-sensitive functions;
4. Performing safety-sensitive functions within four (4) hours after using alcohol'
5. When required to take a post-accident test, using alcohol within eight (8) hours
following the accident or prior to undergoing a post-accident alcohol test,
whichever comes first;
6. Refusing to submit to an alcohol or controlled substance test required by post-
accident, random, reasonable suspicion, or follow-up testing requirements;
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Reporting for duty or remaining on duty, requiring the performance of safety-
sensitive functions, when the driver uses any controlled substance, except when
instructed by a physician who has advised the driver that the substance does not
adversely affect the employee's ability to safely operate a CMV;
8. Reporting for duty, remaining on duty or performing a safety-sensitive function, if
the driver tests positive for controlled substances,
CONSEQUENCES TO EMPLOYEES ENGAGING IN PROHIBITED CONDUCT
Employees who have engaged in prohibited conduct are subject to the following consequences,
pursuant to FHW A rules:
I. Employee shall not be permitted to perform safety-sensitive functions;
2. Employees shall be advised by the City of Arden Hills of the resources available
to them in evaluating and resolving problems associated with misuse of alcohol or
use of controlled substances;
3. Employees shall be evaluated by a substance abuse professional who shall
determine what assistance, if any, the employee needs in resolving problems
associated with alcohol misuse and/or controlled substance use;
4.
Before an employee returns to duty requiring performance of a safety-sensitive
function, he/she shall undergo a return-to-duty test with a result indicating a
breath alcohol level of less than 0.02 ifthe conduct involved alcohol, or a
controlled substance test with a verified negative result ifthe conduct involved
controlled substance use;
5. In addition, each employee identified as needing assistance in resolving problems
associated with alcohol or controlled substances shall be evaluated by a substance
abuse professional to detern1ine that the employee has followed the rehabilitation
program prescribed;
6, The employee shall also be subject to unannounced follow-up alcohol and
controlled substance testing.
OTHER ALCOHOL RELATED CONDUCT
FWHA rules require that in the event of an alcohol test result over 0.02 but less than 0.04, an
employee shall not be permitted to perform safety-sensitive functions for not less than twenty-
four (24) hours.
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REFUSAL TO UNDERGO TESTING AND CONSEQUENCES OF REFUSAL\
All applicants and employees have the right to refuse to undergo drug and alcohol testing, If an
individual refuses to undergo drug and alcohol testing required by this policy, no such test shall
be given,
An applicant who refuses to take a drug and alcohol test shall be disqualified from further
consideration for the conditionally offered position,
An employee refusing to take a drug and alcohol test required by this policy shall not be
permitted to perform safety-sensitive functions and will be considered insubordinate and will be
subject to disciplinary action including possible dismissal.
EMPLOYEE/APPLICANT RIGHTS
All applicants and employees subject to the drug testing provisions of this policy have the right
to request, at employee or applicant expense, a retest of the split urine sample within seventy-two
(72) hours of receiving notice of a confirmed positive test result.
If the employee requests an analysis of the split specimen within seventy-two (72) hours of
having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory
to provide the split specimen to another DHHS-certified laboratory for analysis. If an employee
has not contacted the MRO within seventy-two (72) hours, the employee may present to the
MRO information documenting that serious illness, injury, inability to contact the MRO, lack of
actual notice of the verified positive test, or other circumstances unavoidably prevented the
employee from timely making contact. If the MRO concludes that there is a legitimate
explanation for the employee's failure to contact within seventy-two (72) hours, the MRO shall
direct the analysis of the split specimen.
If the confirming retest is negative, no adverse action will be taken against the employee and an
applicant will be considered for employment.
The City of Arden Hills will not discharge an employee that, for the first time, receives a verified
positive drug or alcohol test result unless:
1. The employee refuses to meet with a SAP for the purpose of an evaluation for
alcohol/controlled substance use/abuse and recommendations for an education,
counseling or treatment program; or
2. The employee fails to enter the recommended program, or fails to successfully
complete the program; or
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The employee fails a return-to-duty alcohol and controlled substance test at the
successful completion of the recommended program or subsequent unannounced
follow-up alcohol and controlled substance testing.
DISCIPLINE
Any person found to be in violation of this policy is subject to discipline up to and including
discharge. Disciplinary actions taken pursuant to this policy are appealable pursuant to the
procedures established in the City of Arden Hills' personnel policy and rules or any applicable
collective bargaining agreement, but not both.
Nothing in this policy limits or restricts the right of the City of Arden Hills to discipline or
discharge an employee tor conduct that violates the City's policies or rules, provided the
employee is not tested tor controlled substances or alcohol.
CONFIDENTIALITY OF TEST RESULTS
All alcohol/controlled substances test results and required records are considered confidential
information. Any information concerning an individual's test results and records shall not be
released without the written permission of the individual, except as provided tor by regulation or
law.
ALCOHOL AND CONTROLLED SUBSTANCES CONTACT PERSON
The City of Arden Hills' designated contact person will coordinate the implementation,
direction, and administration of the City's alcohol and controlled substances policy. The contact
person is the principal contact for the collection site, the testing lab, the MRO, the BAT and the
person tested. Employee questions concerning this policy should be directed to the contact
person.
The designated contact person is:
The City Administrator
(651) 633-5676
POLICY MODIFICATION
The City of Arden Hills retains the right to modify this policy to conform to changes in
regulation or law,
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ADDENDUM
The City of Arden Hills no longer conducts pre-employment alcohol testing of individuals given
a contingent offer of employment as a transportation employee. Pre-employment alcohol testing
has been suspended, pursuant to the suspension of the federal rule governing pre-employment
alcohol testing of transportation employees, See 49.C.F.R. 382,301; Vol. 60, No. 90 F.R. 24765,
May 10, 1995,
The City of Arden Hills' employees are subject to drug and alcohol tests when a CMV is
designed to transport seven (7) or more passengers, including the employee, as of March 3, 2000.
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CITY OF ARDEN HILLS
EMPLOYEE OR JOB APPLICANT
DRUG OR ALCOHOL TEST CONSENT FORM
TRANSPORTATION EMPLOYEE DRUG AND ALCOHOL MODEL POLICY
UNDER THE OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT
I have been ordered to give a urine sample for testing to determine presence of drugs or alcohol.
I have read and understand the City's policy on drug and alcohol testing. I agree to submit to
these tests, and also agree that the testing agency is authorized by me to provide the results of the
test to the City of Arden Hills. I understand that my alteration of this consent form, refusal to
consent, or to cooperate fully in the taking of a urine sample, or my refusal to authorize release of
information to the City of Arden Hills, constitutes insubordination that may result in disciplinary
action up to and including discharge and for applicants may be grounds for rejection.
I also understand that a positivc result may be grounds for discipline up to and including
discharge and for applicants may be grounds for rejection.
In order to insure accuracy of this screening, it is necessary to know any and all ofthe
prescription drugs, non-prescription drugs, over-the-counter medications, or any other chemical
substance you have taken within the last month. If you are not taking any medication, drugs, or
. other chemical substances, please write "NONE".
MEDICATION:
DOSAGE AND FREQUENCY:
PRESCRIBED BY:
ANY OTHER INFORMATION RELEVANT TO THE RELIABILITY OF OR
EXPLANATION OF A POSITIVE TEST RESULT:
EMPLOYEE NAME:
SIGNED:
DATED:
SUPERVISOR NAME:
SIGNED:
DATED:
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WITNESS:
DATED:
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CITY OF ARDEN HILLS
ACKNOWLEDGEMENT OF RECEIPT OF POLICY AND PROCEDURES
TRANSPORTATION EMPLOYEE DRUG AND ALCOHOL MODEL POLICY
UNDER THE OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT
I have received a copy of the Transportation Employee Drug and Alcohol Policy and have been
provided information on the following:
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The person designated by the City of Arden Hills to answer questions about these
materials;
Who is subject to alcohol misuse and controlled substance requirements;
Explanation of a safety-sensitive function;
What employee conduct is prohibited;
Circumstances for drug and/or alcohol testing;
Procedures used to test for the presence of drugs and/or alcohol;
The requirement that employees submit to controlled substance and alcohol
testing;
An explanation of what constitutes a refusal to submit to testing;
The consequences for employees violating the prohibitions of this rwe, including
the immediate removal of the employee from safety-sensitive functions;
The consequences for employees found to have an alcohol concentration level of
0.02 or greater, but less than 0,04; and
Information concerning the effects of alcohol and controlled substances use on an
individual's health, work, and personal life, Signs and symptoms of an alcohol or
controlled substances problem and available methods of intervening when an
alcohol or a controlled substances problem is suspected, including confrontation,
referral to an employee assistance program, and/or referral to management.
Employee Signature:
Date:
Please Print Name:
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CITY OF ARDEN HILLS
NOTICE OF RESULTS - DRUG AND/OR ALCOHOL TEST
TRANSPORTATION EMPLOYEE DRUG AND ALCOHOL MODEL POLICY
UNDER THE OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT
EMPLOYEE NAME:
DATE RESULTS RECEIVED FROM TESTING COMPANY:
CHECK AS APPROPRIATE:
_ The result of your alcohol/drug test was negative.
_ The result of your alcohol/drug test was positive.
RIGHTS OF EMPLOYEE OR JOB APPLICANT IF CONFIRMATORY TEST IS POSITIVE:
1. The employee or job applicant has the right to request and receive from the City
of Arden Hills a copy of the test result report.
2.
Within three (3) working days after notice of a positive test result, the employee
or job applicant may submit information to the employer, in addition to any
submitted prior to a test, to explain the test result.
3. Within five (5) days after notice of a positive test, the employee or job applicant
may request a confirmatory retest of the original sample at the employee's or job
applicant's expense. Within three (3) days after receiving the employee's or job
applicant's re-test request, the City of Arden Hills shall notify the testing agency
of the employee's or job applicant's request. The employee or job applicant may
request a different testing agency licensed under Chapter 181 (Minnesota State
Statute). If the confirmatory retest does not confirm the original positive test
result, no adverse personnel action based on the original confirmatory test may be
taken against the employee or job applicant.
I have received a copy of this completed document.
SIGNED:
DATED:
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