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HomeMy WebLinkAboutRES 96-37 RESOLUTION NO. � BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the Alcohol and Substance Abuse Policy for the Beaumont Municipal Transit System. The policy is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1996. )7 - Mayor - BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY A. POLICY It is the goal of Beaumont Transit System to provide safe, dependable, low cost transportation to all passengers. While we have many resources to meet this goal, none is more important than our employees. Therefore to ensure that our employees can perform at their highest potential, it is our policy to: 1) create a drug/alcohol free workplace; 2) prevent drugs/alcohol from impairing an employee's ability to perform his or her job in a safe, efficient manner; 3) restrict the consumption, manufacturing, or selling of drugs and other controlled substances; 4) support a professional assistance program for individuals who have problems with drugs and alcohol affecting their job performance. B. PURPOSE Beaumont Transit System has the right to protect its employees, passengers and public from the adverse affects of drugs and alcohol. While the employer does retain this right, it has no right to restrict an employees' off-the-job conduct, absent a showing that such conduct inherently and necessarily impairs or could impair the employees' job performance. The Federal Transit Administration guidelines (49 CFR part 653 and part 654) , set forth in this policy are created to prohibit an employee from functioning in a safety-sensitive position while under the affects of drugs/alcohol and to assure the employee's fitness for duty. It should be noted that this company will also remain under the "Drug Free Workplace Act Of 1988" (49 CFR Part 29) . C. APPLICABILITY This policy set forth by Beaumont Transit System will apply to all safety-sensitive and non-safety-sensitive transit system employees, paid part-time employees, volunteers, contractors and their employees while on transit property or while conducting any transit related safety-sensitive function. Safety-sensitive function means performing, ready to perform or the immediate availability to perform any duty related to the safe operation of mass transportation services. The following are safety-sensitive functions: 1. Operation of a revenue service vehicle, whether or not such vehicle is in revenue service 1 EXHIBIT "A" 2 . Operate nonrevenue service vehicles that require drivers to hold CDLs 3 . Dispatch or control revenue service vehicles 4. Maintain revenue service vehicles or equipment used in revenue service except contractors to Section 18 transit agencies 5. Provide security and carry a firearm The functions listed above are as outlined by the Federal Transit Administration (FTA) and these are to include any salaried personnel who perform these functions as well as hourly paid employees. At the end of this policy you will find a list of safety-sensitive functions as they apply to Beaumont Transit System. Though the FTA only regulates testing to safety-sensitive employees, this policy will cover all employees. Non-Safety- Sensitive employees are subject to the testing procedures, test methods, prohibited conduct and disciplinary action that are presented in this policy unless otherwise stated. It will be noted that any guidelines which Beaumont Transit deems necessary to apply to non-safety-sensitive employees are done so at the authority of Beaumont Transit System and not the FTA. D. PROHIBITED DRUGS "Prohibited Drugs" are defined and limited to the substances specified in Schedule I through V of Section 202 of the Controlled Substances Act (21 CFR U.S.C. 812) and as further defined by 21 CFR 1300. 11 through 1300. 15. Beaumont Transit System is required by the FTA to test for the following drugs (or their metabolites) . Also listed below are the "Minimum Stipulated Test Levels" necessary for a positive test result. Beaumont Transit System will strictly adhere to FTA guidelines when testing for these drugs. SUBSTANCE INITIAL CONFIRMATION TEST SCREEN Immunoassay Gas chromatography/mass (RIA/EMIT) spectrometry (GC/MS) 1. Marijuana 100 ng/ml 15 ng/ml 2 . Amphetamines 1000 ng/ml 500 ng/ml 3 . opiates 300 ng/ml 300 ng/ml 4 . Phencyclidine 25 ng/ml 25 ng/ml (PCP) 5. Cocaine 300 ng/ml 150 ng/ml 2 Beaumont Transit System reserves the right to test for other drugs such as barbituates, benzodiazapines(e.g. , Valium, Librium, Xanax) , nonbarbituate sedatives (e.g. , Quaalude) , and nonamphetamine stimulants. Tests for these drugs will be performed separately from the FTA test. Such testing is outside the scope of the FTA regulation and is entirely at the discretion of the transit company. E. ALCOHOL It is prohibited to conduct any transit business or operate any transit vehicle while alcohol is present in the body. This consists of the following which include alcohol: 1. Alcoholic beverages 2 . Any medication containing alcohol 3 . Mouthwash 4 . Food or candy 5. Any other substance which may contain alcohol F. LEGAL DRUGS The appropriate use of legally prescribed drugs and non prescription medications is not prohibited. A written prescription from a physician which includes the patient's name, substance name, amount prescribed, and the period of authorization will constitute a legally prescribed drug. Should the drug, whether prescription or over-the counter in any way affect mental functioning or the ability to operate machinery, use of must be reported to a supervisor before performing a transit related function. G. PROHIBITED CONDUCT Alcohol Use Under FTA guidelines an employee must not consume alcohol while performing a safety-sensitive function, four hours prior to performing a safety sensitive function, and up to eight hours following an accident or until the employee undergoes a post accident test, whichever comes first. As a part of Beaumont Transit System's policy we require that no employee, safety- sensitive or non-safety-sensitive, may consume alcohol within 4 hours of reporting for duty, while in uniform or on duty. Furthermore no safety-sensitive employee may use alcohol in any form during down time on a split run. Failure to comply will result in disciplinary action up to and including termination. Illegal Drugs Use and ingestion of illegal drugs is prohibited at all times. Transit system employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use 3 of controlled substances in the workplace consistent with the Drug Free Workplace Act of 1988. H. DISCIPLINE REGARDING THE USE OF DRUGS ALJD THE MISUSE OF ALCOHOL Under this policy and as set forth under FTA regulations, any employee with an alcohol concentration of .04 or greater is not allowed to perform any safety-sensitive duties until he or she has been evaluated by a Substance Abuse Professional and has passed a return to duty test. An employee with a alcohol concentration of . 02 or' greater but less than . 04 must be removed from duty for eight hours or until a retest shows an alcohol concentration of less than . 02 . Furthermore under the FTA guidelines any safety- sensitive employee who has a verified positive drug test result, an alcohol concentration of . 04 or greater, or refuses to submit to a test must also be evaluated by a Substance Abuse Professional. Refusal to submit to a test include the following behaviors: 1 . Refusal to take the test. 2 . Inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation. 3 . Tampering with or attempting to adulterate the specimen or collection procedure. 4 . Not reporting to the collection site in the allotted time. 5. Leaving the scene of an accident without a valid reason before tests have been conducted. The following disciplinary guidelines are not mandated by the FTA, but for the purposes of this policy Beaumont Transit System reserves the right to conduct disciplinary procedures regarding drugs\alcohol as it deems necessary. These guidelines cover all employees both safety-sensitive and non-safety-sensitive. As set forth by the FTA, Beaumont Transit System will ensure that all employees receive the opportunity for evaluation and treatment should they have a verified positive test result. Evaluation and rehabilitation will be offered to the employee .even if the employee is terminated. All employees who test positive for drugs\alcohol while performing a safety-sensitive function will be offered treatment in a rehabilitation program for the first offense. Should the employee refuse the treatment program he\she will be terminated immediately. Should an employee-test positive a second time while performing a safety-sensitive function the employee will be terminated immediately. Those who test positive while on company property will be suspended pending an investigation by management and dependent upon those findings the employee will receive disciplinary action up to and including termination. Should management have reasonable suspicion to believe that an employee is abusing drugs or alcohol outside the workplace and it is adversely affecting his or her job performance, the company reserves the right to require that the employee enter a Employee Assistance Program. Any employee who fails to comply with the 4 assistance program at the request of management is subject to disciplinary action up to and including termination. Any employee that refuses to submit to a drug urine test or a breath alcohol test as outlined above will be terminated immediately. An employee that tests positive for drugs\alcohol after an accident will be terminated immediately. The company has the right under FTA regulation to test up to 32 hours for drugs and 8 hours for alcohol after an accident. If an employee is charged with drug trafficking, possession, manufacturing or use outside the workplace he or she will be terminated immediately. Furthermore any safety- sensitive employee or holder of a CDL who receives a DWI outside the workplace and does not notify management within 1 day of being charged will receive discipline up to and including termination. I. EFFECTS OF ALCOHOL As outlined by the FTA this section will cover the effects of alcohol misuse on an individual's health, work and personal life; signs and symptoms of an alcohol problem; and available methods of intervening when an alcohol problem is suspected. Health Effects The chronic consumption of alcohol (average of three servings per day of beer (12 ounces] , whiskey (1 ounce] , wine (6 ounce glass] ) over time may result in the following health hazards: 1. Decreased sexual functioning 2 . Dependency (up to 10 percent of all people who drink alcohol become physically and/or mentally dependent on alcohol and can be termed "alcoholic" 3 . Fatal liver diseases 4 . Increased cancers of the mouth, tongue, pharnyx, esophagus, rectum, breast, and malignant melanoma 5. Kidney disease 6. Pancreatitis 7 . Spontaneous abortion and neonatal mortality 8 . Ulcers 9 . Birth defects (up to 54% of all birth defects are alcohol related) . Social Issues 1. Two thirds of all homicides are committed by people who drink prior to the crime. 2 . Two to three percent of the driving population is legally drunk at any one time. This rate is doubled at night and on weekends. 3 . Two-thirds of all Americans will be involved in a alcohol related vehicle accident during their lifetimes. 4 . The rate of separation and divorce in families with alcohol dependency problems is 7 times the average 5 5. Forty percent of family court cases are alcohol problem related. 6. Alcoholics are 15 times more likely to commit suicide than are other segments of the population. 7 . More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents and 76 percent of private aircraft accidents are alcohol related. The Annual Toll 1. 24, 000 people will die on the highway due to the legally impaired driver. 2 . 12, 000 more will die on the highway due `to the alcohol affected driver. 3 . 15,800 will die in non-highway accidents 4 . 30, 000 will die due to alcohol caused liver 5. 10, 000 will die due to alcohol-induced brain disease or suicide. 6 . Up to another 125, 000 will die due to alcohol-related conditions or accidents Workplace Issues 1. It takes one hour for the average person (150 pounds) to process one serving of an alcoholic beverage from the body. 2 . Impairment in coordination and judgement can be objectively measured with as little as two drinks in body. 3 . A person who is legally intoxicated is 6 times more likely to have an accident than a sober person. Signs and Symptoms of Use 1. Dulled mental processes 2 . Lack of coordination 3 . odor of alcohol on breath 4 . Possible constricted pupils 5. Sleepy or stuporous condition 6. Slowed reaction rate 7 . Slurred speech Methods of Intervention 1. Develop an effective Employee Assistance Program to aid in the counseling of employees with alcohol related problems 2 . Drug and alcohol rehabilitation treatment (2 types) A. Intensive Impatient Services: Treat people with physical and/or psychological complications. B. Intensive outpatient services: Treat dependent 6 patients who have fewer physical or psychological complications. J. TESTING PROCEDURES It is the policy of Beaumont Transit System to follow the drug\alcohol testing procedures that have been laid out by the FTA. Beaumont Transit System will strictly adhere to all standards of confidentiality and assure all employees that testing records and results will be released only to those authorized by the FTA rules to receive such information. Furthermore should Beaumont Transit System wish to test it's employees for drugs other than the five specified by the FTA, it will perform these tests ' separately from the FTA test. Such testing is outside the scope of the FTA regulation and is entirely at the discretion of the transit system. R. DRUG TESTING All drug testing will be done through urinalysis. All urine specimens will be collected at a appropriate collection site. A collection site is a place designated by the employer where individuals present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs. The collection site must meet the Department of Transportation guidelines established in "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" (49 CFR part 40) . All drug testing under the FTA regulations must be completed in a laboratory certified by the Department of Health and Human Services (DHHS) . All testing will be conducted consistent with the procedures put forth in 49 CFR part 40, as amended. All test results will be reviewed by a qualified Medical Review Officer (MRO) and for all specimens that test positive, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. Also if an employee has a verified positive drug test they will be advised of the resources available to evaluate and resolve problems associated with drug abuse. Though the company maintains a policy of termination for anyone testing positive they will afford the employee the opportunity to be evaluated by a Substance Abuse Professional (SAP) as mandated by the FTA. L. ALCOHOL TESTING The FTA regulation (49 CFR part 654) requires that the employer conduct breath alcohol testing on safety-sensitive employees consistent with the provisions set forth in 49 CFR part 40. The breath specimen must be collected through the use of an evidential breath testing device (EBT) that is approved by the National Highway Traffic Safety Administration (NHTSA) . The test must be performed by a breath alcohol technician (BAT) . The BAT must be "trained to proficiency" in the operation of the EBT he or she is using and in the alcohol testing procedures specified in the regulations. The alcohol test will be conducted at a site that 7 provides privacy to the individual being tested. Upon arrival at the site the employee must provide positive identification to the BAT. After the testing procedures are explained to the employee the employee and the BAT must complete,date and sign an alcohol testing form. The BAT will then conduct a screening test. If the result of the screening test is less than . 02 no further testing will be required and the test will be reported to the employer as negative. If the alcohol concentration is greater than . 02 a confirmation test will be performed. If the initial and confirmatory tests are not identical, the confirmation test result is deemed to be the final result. Policy regarding alcohol concentration, refusal and removal from a safety-sensitive position were discussed in section H. M. TYPES OF TESTING Six types of testing are required by the drug and alcohol rules: 1 . Pre-employment 2 . Reasonable suspicion 3 . Post-accident 4 . Random 5. Return to duty 6 . Follow-up In addition the these six types of testing Beaumont Transit System is also required by the FTA to perform blind sample testing as a quality assurance measure for the testing laboratory. Pre-Employment FTA regulations (G.S. 653 .41, 654. 31) require that all applicants for employment in safety-sensitive positions or individuals being transferred into safety-sensitive positions must be given pre employment drug and alcohol tests. Employees may not be hired or assigned to the safety-sensitive position unless they pass the tests. Participation in the system's prohibited substance testing program is a requirement of each safety-sensitive employee and, therefore is a condition of employment. Beaumont Transit System will test not only safety-sensitive employees but non- safety-sensitive employees during pre-employment. Any prospective employee who tests positive for drugs/alcohol during pre-employment will not be hired and will not be allowed to apply for a position with the transit system again. Any employee who wishes to transfer into a safety-sensitive position and tests positive is subject to disciplinary action up to and including termination. Reasonable -suspicion The FTA regulations (G. S. 653.43 , 654 .37) also require a safety-sensitive employee to submit to a test when the employer has 8 reasonable suspicion that the employee has used as prohibited drug or has misused alcohol as defined in the regulations. The request to undergo a reasonable suspicion test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odor of the safety-sensitive employee. Managers who will be called upon to make this determination, must be trained in the facts, circumstances, physical evidence, physical signs and symptoms, or patterns of performance and/or behavior that are associated with use. Managers must be fair and objective in requesting reasonable suspicion tests. Post Accident FTA regulations (G.S. 653 . 45, 654 .33) require testing for prohibited drugs and alcohol in the case of certain mass transit accidents. Post-accident testing falls under two categories fatal and non-fatal accidents. 1 . Fatal Accidents Whenever there is a loss of human life, each surviving safety- sensitive employee on duty at the time of the accident must be tested. Safety-sensitive employees not on the vehicle (e.g. maintenance personnel) , whose performance could have contributed to the accident (as determined by the transit agency using the best information available at the time of the accident) must be tested. Beaumont Transit System will reserve the right to test non-safety sensitive employees should they be involved in or contribute to a fatal accident. 2 . Non-Fatal Accidents Following non-fatal accidents involving a bus, van, or automobile, employers shall test each safety-sensitive employee on duty in the mass transit vehicle at the time of the accident if the employee received a citation under State or local law for a moving violation arising from the accident. Safety-sensitive employees in non-fatal accidents involving railcars, trolley cars, trolley buses, or vessels on duty in the vehicle at the time of the accident must be tested unless their behavior can be completely discounted as a contributing factor to the accident. For non-fatal accidents, the employer shall test any other safety-sensitive employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the accident. It will be noted that Beaumont Transit System reserves the right to test non-safety-sensitive employees in non-fatal accident situations if they were involved or contributed- in some way. Post-accident drug and alcohol tests must be performed as soon as possible. Drug tests must be performed within 32 hours following the accident. Alcohol tests must be performed within 8 9 hours of the accident. Random Testing The FTA (G.S. 653 .47, 654 . 35) requires random testing of drugs and alcohol for all safety-sensitive employees. Under FTA guidelines transit agencies must use a scientifically valid random number selection method to select safety-sensitive employees. For Beaumont Transit System purposes, we will use a computer based random number generator that is matched with safety-sensitive employees' identification numbers. At least 50% of the total number of safety-sensitive employees subject to drug testing and 25% subject to alcohol testing will be tested each' year. The test dates will be spread reasonably throughout the year and the transit system will use precaution not to establish a predictable pattern. The process will be unannounced as well as random. All safety sensitive employees in the random pool will have an equal chance of being selected for testing and shall remain in the pool, even after being tested. All non-safety-sensitive employees that Beaumont Transit System wishes to random test will be placed in a separate pool and tested under the authority of Beaumont Transit System, not the DOT's or the FTA's. Return to Duty Testing Before any employee is allowed to return to duty to perform a safety-sensitive function following a verified positive test result, an alcohol result of . 04 or greater, a refusal to submit to a test, or other activity that violates the regulations, that employee must first be evaluated by a substance abuse professional and pass a return to duty test (G.S. 653 .49, 654 . 39) . The test result must be a verified negative drug test result or an alcohol test result of less than . 02 before the employee will be allowed to return to a safety-sensitive function. Should the situation arise where an individual will be allowed to return to duty after testing positive, Beaumont Transit will strictly follow the FTA's guidelines concerning return to duty testing. Follow-up Testing Once allowed to return to duty, an employee shall be subject to unannounced follow-up testing for at least 12 but not more than 60 months. The frequency and duration of follow-up testing will be recommended by the substance abuse professional as long as a minimum of six tests are performed during the first 12 months after the employee has returned to duty (G.S. 653.51, 654 .41) . Employees that are subject to follow-up testing will remain in the random testing pool and will be tested when their names come up. Should the situation arise Beaumont Transit System will follow FTA guidelines on follow-up testing. 10 Blind Performance Testing In addition to the six major employee testing categories described above, Beaumont Transit System will perform blind sample proficiency testing as a quality assurance measure for the testing laboratory (G.S. 40. 31) . Under this FTA requirement, the employer will submit three quality control specimens to the laboratory for every 100 employee specimens sent for testing, up to a maximum of 100 blind samples per quarter. 11 BEAUMONT TRANSIT SYSTEM SAFETY SENSITIVE FUNCTIONS Fixed Route Bus Driver (Full Time or Part time) Shuttle Driver (Either Bus Or Van) Charter Driver (Either Bus Or Van) Mechanics (A & B) Bus Washer/Fueler Service Employees Mechanic's Helpers Any Employee Operating A Handicap Service Vehicle Manager (When Performing a Dispatch Function Or Supervising a Maintenance Function) Assistant Manager (When Performing a Dispatch Function Or Supervising a Maintenance Function) Secretary/Receptionist(when performing a Dispatch Function) Office Manager (when performing a Dispatch Function) Dispatcher Parts Room Clerk (When Performing a Dispatch Function Or Supervising a Maintenance Function) Shop Foreman 12 Any questions regarding this policy or any other aspect of the drug-free and alcohol-free transit program should contact the following transit system representative: PROGRAM MANAGER Name: William J. Munson Title: General Manager Address: 550 Milam Beaumont, Texas 77701 Telephone Number: (409) 835-7895 Fax Number: (409) 892-4069 MEDICAL REVIEW OFFICER Name: Dr. John S. Vardiman Address: Director, Beaumont Industrial Clinic Telephone Number: (409) 835-0074 Fax Number: (409) 832-7034 SUBSTANCE ABUSE PROFESSIONAL Name: Pending Title: Address: Telephone Number: Fax Number: 13