Loading...
HomeMy WebLinkAboutRES 12-271 RESOLUTION NO. 12-271 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the amended Beaumont Transit System Alcohol and Substance Abuse Policy, substantially in the form attached hereto as Exhibit "A," is hereby in all things approved for implementation by the Beaumont Municipal Transit System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2012. mur- CAN ayor Becky Ames - aR 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' iob performance. The Federal Transit Administration guidelines ( 49 CFR Part 655 ' ) , 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 CPR U.S.C. 812) and as further defined by 21 CPR 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) I. Marijuana 100 ng/ml 15 ng/ml 2. Amphetamines 1000 ng/m1 500 ng/ml 3 . Opiates 300 ng/ml 300 ng/ml 4. Phencyclidine 25 ng/ml 25 ng/ml (PCP) S. 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 anyway 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 AND 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 PTA 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 PTA 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 tests. Employees may not be hired or assigned to the safety-sensitive position unless they pass the tests. Participation in the systemfs 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 PTA 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 Milan 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 CHANGEI BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Effective May 1, 1998,the following changes will be implemented to the Beaumont Transit System's Alcohol and Substance Abuse Program: RECORD SECURITY: All records pertaining to the alcohol and substance abuse testing and training of Beaumont Transit employees will be secured in a locking file cabinet to be located in the General Manager's office. Only the General Manager,Assistant General Manager,and Office Manager will have a key to the filing cabinet. All incoming records will be given to the General Manager by either the Office Manager or Assistant General Manager for review. After reviewing the records and taking any required action,the General Manager will properly file the records in the locking file cabinet. The General Manager will be responsible for the security and retention of all pertinent records. Keys will only be issued out by the General Manager. If for any reason any one of the three individuals having access to the records should leave employment with Beaumont Transit, or move to a job position not having access, the General Manager will collect their key(Assistant General Manager will collect General Manager's key if he should leave), and the lock on the file cabinet will be changed as a precautionary safety measure,with new keys being issued out. RECORD RETENTION: All records pertaining to alcohol and substance abuse testing and training of Beaumont Transit employees will be retained on file for a minimum of five(5)years from the date of occurrence. BLIND PERFORMANCE TESTING: Urine samples will be submitted to the Smith Kline Beecham Laboratories through the Beaumont Industrial Clinic for blind performance testing. Three(3)blind samples will be submitted for every 100 employee samples submitted for testing as required by FTA regulations. Urine samples will be obtained by a qualified provider and submitted to Smith Kline Beecham Laboratories through the Beaumont Industrial Clinic using fictional employee names in the normal manner that actual samples are submitted. The results will be reported back to Beaumont Transit through the Beaumont Industrial Clinic. Any wrong readings on a submitted blind sample (i.e. positive on a negative sample or negative on a positive sample)will be reported to FTA immediately as required by FTA regulations. CHANGE 2 BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY The Beaumont Industrial Clinic has closed and therefore effective immediately, OccMed Systems,1846 IH 10 South, 77707, (409)840-9910, will be the new clinic used by Beaumont Transit for DOT physicals, drug screens, alcohol screens, and on the job injuries. In addition, Smith Kline Beecham will no longer be used as the testing laboratory, but effective immediately, Kroll Laboratories, 1111 Newton Street, Gretna, LA, 70053, (504)361-8989, will be used as the testing laboratory. The new Medical Review Officer(MRO)will be: Name: Dr. Brian N. Heinen, Jr. Address: 301 Marin Luther King Drive, Eunice, LA 70535 Telephone Number: (337)457-3353 Fax Number: (504)361-8989 CHANGE3 BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY OccMed Systems has closed and therefore effective immediately, Beaumont West Medical,4471 Calder, Beaumont,Texas, 77706,will the new clinic used for DOT physicals,drug screens, alcohol testing, and on the job injuries. In addition,Kroll Laboratories will no longer be used as the urine sample testing facility,and effective immediately, One Source Toxicolgy, 1213 Genoa Red Bluff Road, Pasadena,Texas, 77504, will be the new testing facility. The new Medical Review Officer(MRO) will be: Dr. James L.Davis,MD,PA Beaumont West Medical 4471 Calder Avenue Beaumont,Texas 77706 (409)866-0856-Office (409)866-0136-Fax BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY CHANGE4 As a result of the Federal Transit Administration's Office of Safety and Security Drug and Alcohol Compliance Audit,conducted 10/02/06 through 10/06/06,the following changes/revisions are made the Beaumont Municipal Transit System's Drug and Alcohol Testing Policy: 1.A covered BMT employee shall only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions,just before the employee is to perform safety- sensitive functions, or just after the employee has performed such functions. The same applies to reasonable suspicion alcohol testing. 2. When a covered employee or applicant has not performed a safety sensitive function for 90 consecutive calendar days regardless of the reason, and the employee has not been in the Beaumont Transit random selection pool during that time,then BMT will ensure that the employee or applicant takes a pre-employment drug test with a verified negative result. 3. Post-accident testing must meet all the FTA thresholds and drug/alcohol time testing limits as outlined in Part 655.44. All BMT employees are required to make themselves "readily available"for testing after any accident and will remain available until they have been tested, or cleared not to be tested, by management. 4. As soon as possible following an accident involving any BMT vehicle(bus,paratransit vehicle,truck, or automobile)and causing the loss of human life, BMT will immediately drug and alcohol test each covered employee operating the vehicle involved and any other covered employee whose actions could have contributed to the accident. When an accident occurs with a BMT vehicle and there is no loss of human life,then BMT will as soon as possible drug and alcohol test each covered employee operating the involved vehicle, plus any other covered employee whose performance could have contributed to the accident, unless it is determined by management using the best information available at the time of the decision,that the covered operator's or other covered employee's performance can be completely discounted as a contributing factor to.the accident. 5. The consequences for a covered employee who has a verified positive drug test, or a positive alcohol test with an alcohol concentration of.04 or greater,or who refuses to submit to a test under 49 CFR Part 40 Section 655.15, will be immediate removal from his or her safety- sensitive function and evaluation by a substance abuse professional. This statement will serve as clarification that BMT, in general, does have a second chance policy for covered employees who test positive for drugs and/or alcohol. However, each individual situation will be evaluated on it's own merits, and BMT reserves the right to terminate any covered employee who tests positive for drugs and/or alcohol the first time without offering a second chance. If a second chance is offered, then the covered employee who tested positive for either drugs and/or alcohol,will be immediately removed from their safety-sensitive function, evaluated by a substance abuse professional, and the procedures outlined in 49 CFR Part 40 will be followed. 6. All references to 49 CFR Parts 653 and 654 will be disregarded. All drug and alcohol testing will be conducted under 49 CFR Part 655. BMT shall require every covered employee to submit to a post-accident drug and alcohol test required under Section 655.44,a random drug and alcohol test required under Section 655.45, a reasonable suspicion drug and alcohol test required under Section 655.43, or a follow-up drug and alcohol test required under Section 655.47. BMT will not permit any covered employee who refuses to submit to any of the above listed testing to perform or continue to perform safety-sensitive functions. 7.It shall be the policy of BMT that any covered employee who produces a diluted negative urine specimen will be required to take another test immediately under non-observed conditions, unless there is another basis for the use of direct observation as listed under Section 40.67. This retest policy will apply to all types of testing and to all covered.employees. When notified for a retest, each covered employee will be given the miniinuin possible advance notice that he or she is to report to the collection site.The result of the second test, not that of the original test,will become the test of record. 8. Under BMT's policy,it is considered a refusal to take a drug and/or alcohol test if the employee fails to remain at the drug testing site until the testing process is complete. Provided, that an employee who leaves the testing site before the testing process commences for a pre- employment test is not deemed to have refused to test. 9.Under BMT's policy,it is considered a refusal to take a drug and/or alcohol test if the employee fails to undergo a medical examination or evaluation,as directed by the MRO as part of the verification process, or as directed by the DER under Section 40.193(d). In the case of a pre-employment test,the employee is deemed to have refused to test on this basis only if the pre- employment test is conducted following a contingent offer of employment. 10. Under BMT policy, it is considered a refusal to take a drug and/or alcohol test if the employee fails to cooperate with any part of the testing process(e.g. refuses to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process, etc.). 11. It is considered a refusal to take a drug test if in the case of a directly observed or monitored collection, the employee fails to pen-nit himself or herself to be directly observed or monitored during the collection of the specimen. 12. It is considered a refusal to take a drug test if the employee fails or declines to take a second test when directed to do so by the employer or collector. 13. It is considered a.refusal to take a drug test of the MRO reports that the employee has a verified adulterated or substituted test result. 14.It is considered a refusal if the employee fails or declines to sign the certification at Step 2 of the ATF as outlined in Sections 40.241(g) and 40.251(d). 15. If a non-DOT drug and/or alcohol test is refused to be taken by an employee,or a non- DOT form is refused to be signed,then under this policy you have not refused a DOT test and there are no consequences under DOT agency regulations. However,this does not exempt employees from consequences under other employer policies. CHANGE 5 BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Effective immediately,Beaumont Transit's Substance Abuse Professional(SAP)will be: Madeline Alford, LPC, LCDC Regents Park 85 IH-10 North,Suite 100A Beaumont,Texas 77707 Phone:(409)839-8233 PAX: (409)839-4489 CHANGE 6 BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Effective immediately, Beaumont West Medical has changed their name to XPRESS CARE. CHANGE 7 BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Express Care has changed their name to Nova Medical Center and has moved to the new address of 3817 Stagg Drive, Beaumont,TX 77701. In addition,the Medical Review Officer (MRO) is now Dr.Wayne Keller, M.D.,.1209 Genoa Red Bluff Road, Suite A, Pasadena,TX 77504. CHANGES BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Effective immediately,all behaviors listed in 49 CFR,Part 44,as amended,as constituting a refusal to take a required drug and/or alcohol test by a safety sensitive employee, shall be considered a part of the Beaumont Municipal Transit System's Alcohol and Substance Abuse Policy.Any employee exhibiting any of the above listed behaviors shall be charged with a refusal to take a required drug and/or alcohol test. FORMS BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY A. Acknowledgement of Employer's Drug and Alcohol Testing Program B. Prospective Employee Release of Information Form C. Occupational Testing Authorization Form D. Reasonable Suspicion Decision Documentation Form E. Post Accident Decision Documentation Form APPENDIX A Beaumont Municipal Transit System Acknowledgment of Employer's Drug and Alcohol Testing Program I, the undersigned,hereby acknowledge that I have received a copy of the Beaumont Municipal Transit System's Alcohol and Substance Abuse Policy as mandated by the United States Department of Transportation and Federal Transit Administration for all covered employees who perform a safety-sensitive function.I understand this policy is required by 49 CFR Part 655,as amended,and has been duly adopted by the City of Beaumont for the Beaumont Municipal Transit System. Any provisions contained herein which are not required by 49 CFR Part 655 or 49 CFR Part 40,as amended,that have been imposed solely on the authority of the employer are designated as such in the policy document. I further understand that receipt of this policy constitutes a legal notification of the contents, and that it is my responsibility to become familiar with and adhere to all provisions contained therein. I will seek and get clarifications for any questions from the employer designated contact person or persons.I also understand that compliance with all provisions contained in the policy is a condition of my employment. I further understand that the information contained in the approved policy dated is subject to change, and that any such changes,or addendum,shall be give to me in a manner consistent with the provision of 49 CFR Part 655,as amended. Signature of Employee Date - Signature of Witness Date APPENDIX B Beaumont Municipal Transit System Release of Information Form (49 CFR Fart 40 Drug and Alcohol 'Vesting) Section I.To be completed by the new employer,signed by the employee,and transmitted to the previous employer: Employee Printed or Typed Name: Employee SS or ID Number: I hereby authorize release of information from my Department of Transportation regulated drug and alcohol testing records by my previous employer,listed in Section I-B,to the employer listed in Section 1-A. This release is in accordance with DOT Regulation 49 CFR Part 40,Section 40.25. I understand that information to be released in Section ITA by my previous employer, is Iimited to the following DOT-regulated testing items: 1. Alcohol tests with a result of 0.04 or higher; 2. Verified positive drug tests; 3. Refusals to be tested; 4. Other violations of DOT agency drug and alcohol testing regulations; S. Information obtained from previous employers of a drug and alcohol rule violation; 6. Documentation,if any,of completion of the return-to-duty process following a rule violation. Employee Signature: Date: I-A. New Employer Name: Address: Phone#: Fax#: Designated Employer Representative: Previous Employer Name: Address: Phone#: Designated Employer Representative(if known)- Section II.To be completed by the previous employer and transmitted by mail or fax to the new employer: II-A. In the two years prior to the date of the employee's signature(in Section I), for DOT-regulated testing 1.Did the employee have alcohol tests with a result of 0.04 or higher? YES NO 2.Did the employee have verified positive drug tests? YES NO 3.Did the employee refuse to be tested? YES NO 4.Did the employee have other violations of DOT agency drug and alcohol testing regulations? YES NO 5. Did a previous employer report a drug and alcohol rule violation to you? YES NO 6.If you answered"yes"to any of the above items,did the employee complete the return-to-duty process? N/A YES NO NOM: If you answered"yes"to item 5,you must provide the previous employer's report. If you answered`yes"to item 6,you must also transmit the appropriate return-to-duty documentation(e.g., SAP report(s),follow-up testing record. 11-8. Name of person providing information in Section 11-A: Title: Phone#1: Date: Address Which To Return Completed Form: Beaumont Transit Contacts: Beaumont Municipal Transit System Office (409)835-7895 Attn: William J. Munson, General Manager FAX (409)835-7895 550 Milam Street E-mail bmunson @beaumonttransit.com Beaumont, Texas 77701 APPENDIX C From.XPRESS CARE 11/01/2011 02:15 #1878 P.001f001 V. MMOICAL CENYERS raq THE PERMUNAwm OP LIPS Employer's ,At thoirization for Examination and/or Treatment (Must Present Photo ID at Time of Service) Patient Name. SSN: Company Date of Birth: Company Address: "Date of Order: Company Contact: ' Co. Phone, . Biding: Drug Testing Only". Employee To Pay At Time of Service ` Random Testing _.Reasonable Suspicion Employer(See Address Above) Urine Drag Test: _DOT _Non-DOT Workers.Compensation _� Rapid Urine Drug Check Ins..Co: Breath Alcohol Test Policy#: _.____ Phone#: . — Hail Analysis Claim#: Work Related: . Injury _Illness Pre-Employment Services: . . — urine.Drug.Test: DOT —Non-DOT Date of injury: — Rapid Urine Drug Check' Rapid Urine Drug Test. Breath Alcohol Test. (not recommended for injuries) Hair Analysis Post Accident Drug Test:—DOT' -'Non-DOT _ physicals:—DOT DOT Re-Cert. Basic Post Accident Breath'Alcohof Test — Physical Performance Evaluation Post Accident Hair Analysis .(Please Provide Job Description) LIGHT DUTY IS AVAILABLE Respirator Fit Testing: Return to Work Evaluation: __Qualitative .fob Title: _Quantitative: Mask Type: (Please Provide Job Description — Pulmonary Function Test(PFF) Occupational Injury, _ Audiogram: DOT _OSHA Conservation Non-Occupational Injury _ Blood Testing: - CBC SMAC Special Instructions: —Heavy Metal: (specify)_ TB Skin Test K-rays:- Chest B-Read T Vision Testing: . Wail Chart J-2 Color Autharb:ed-By.(Plin* Me: Signature: Date: APPENDIX D Beaumont Municipal Transit System Reasonable Suspicion Drug and Alcohol Test Decision Documentation Form 1. Name of Employee 2. Employee Number/Position 3. Decision to Test* FTA Authority —Yes _No Company Authority ____Yes _No 4. Time/Date of Decision to Test 5. Type of Test Drug _Alcohol 6. Did the Alcohol Test Occur More Than 2 Hours Following the Observations That Led to Performing the Test? Yes _No If Yes, Explain 7. If No Alcohol Test Occurred Because of More Than 8 Hours Elapsing Following Observations That Led to the Decision to Test, Explain _ 8. Supervisor Making Decision 9. Notification of Test Time/Date 10. Test Conducted Drug: Time/Date Alcohol Time/Date 11. Was the Decision to Drug and/or Alcohol Test Based on Specific, Contemporaneous, Articulable Observations Concerning the Appearance, Behavior, Speech, or Body Odor of the Safety-Sensitive Employee? Explain 12. Were There Any Specific Incidents or Complaints by Co-Workers or Passengers During the Workday Which Raised Suspicion, and Were These Incidents or Complaints Fully Investigated by the Supervisor? Explain 13. If the Employee Indicated Recent Use of Prescription or Over-the-Counter Medications, Then Please Complete a Confidential Medical Report. 14. Other Continents 15. Supervisor Signature Date *Note: The decision to test under reasonable suspicion should be able to pass the"reasonable prudent individual"test,which simply means a similarly and experienced supervisor,being reasonable and prudent, and having observed and noted the same facts, signs, and circumstances, could have reached the same conclusion. Hunches and"gut feelings"are not valid in determination.A reasonable suspicion referral must be based upon a trained supervisor's specific, contemporaneous,articulable observations concerning the appearance,behavior, speech, and/or body odor of the covered employee. APPENDIX E Beaumont Municipal 'Transit System Post-Accident Drug and Alcohol Test Decision Documentation Dorm 1. Accident Report Number 2. Location of Accident 3. Accident Time/Date 4. Report Time/Date 5. Name of Employee 6. Employee Number/Position 7. Result of Accident _Fatality —Disabling Damage* to One or More Vehicles (Bus,Van,Paratransit,Truck, Auto) _Remove From Revenue Service(Rail Only) Injury Requiring Immediate Transport to Medical Facility Employee Other Vehicle Passenger —Other, Specify 8. Was the Employee Sent for a Post-Accident Test? _Yes No 9. If No, Explain 10. Decision to Test FTA Authority —Yes No Company Authority _Yes No 11. Type of Test Drug Alcohol 12. Supervisor Making Decision 13. Notification of Test Time/Date 14. Test Conducted Drug: Time/Date Alcohol: Time/Date 15. Did the Alcohol Test Occur More Than 2 Hours From the Time of the Accident? _Yes _No If Yes,Explain 16. If No Alcohol Test Occurred Because of More Than 8 Hours Elapsing From Time of Accident, Explain 17. Did the Employee Leave the Scene of the Accident Without Just Cause? Yes Y No If yes,Explain 18. If No Drug Test Was Performed Because 32 Hours Had Elapsed Since the Time of the Accident,Explain 19. If the Employee Indicated Recent Use of Prescription.or Over-the-Counter Medications, Then Please Complete a Confidential Medical Report. 20. Other Comments 21. Supervisor Signature Date * Note: Disabling damage means damage,which precludes departure of any vehicle form the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated,but does not include damage which can be remedied temporarily at the scene of the occurrence without.special tools or parts,tire disablement,without damage even if no spare is available, or damage to headlights,taillights,turn signals,horn, mirrors,or windshield wipers that snakes them inoperative.