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HomeMy WebLinkAboutRES 15-306RESOLUTION NO. 15-306 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 22nd day of December, 2015. I ffd4J)rAj BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY A. POLICY It is the goal of Beaumont Transit Systea to provide safe, dependable, low cost transportation to all passengers. While we have mann 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 B?au-mont Transit System has the right to protect its employses, passengers and public from ti_e adverse affects of drugs and alcohol. While the employer does retain this right, it has no right to restrict an employees, off-ths-job conduct, absent a showing that such conduct inherently and necessarily impairs or could impair the employees, lob performance. The Federal Transit Administration guidelines ( 49 CFR Part 655 ' ) , set forth in this policy are created to prohibit an employee trom functioning in a safety-sansitive position while under the affects of drugs/alcohol and to assure the employree's fitness for duty. It should be noted that this company will also remain under the "Drug Free Workplace Act Of 1935" (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 systam 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 in 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 thru V of Section 202 of the Controlled Substances Act (21 CFR, U.S.C. 812) and as further defined by 21 CFR 1300.11 thru 1300.15. Beaumont transit is required by FTA to test for marijuana, amphetamines, opiates, phencyclidine, and cocaine (or their metabolites). FTA regulations define the levels that would be necessary to trigger a positive test result. 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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: time. 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. Kot reporting to the collection site in the allotted S. Leaving the scene of an accident without a valid reason betora tests have been conducted. The following disciplinary guidelines are not mandated by the FTA, but =or 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-sansitive. As sat 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 tha 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 Assistancs Program. Any employee who fails to comply with the rt,� assistance progra.n at the request of managamanz is sub]ec[' 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. A.n employee that tests positive for drugs\alcohol after an a::cidant will be terminated imm--nediately. 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 bear [12 ounces, whiskey C ouncej, wine C ounce glass]) over time may result in the following health hazards: 1. Decreased se:cual functioning 2. Dependency (up to 10 percent of all people who drink alcohol.become physically and/ox 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 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 3 3. Forty percent of family court cases are alcohol problem related. 6. Alcoholics are 15 times more lis__ly to coarnit suicils than are other segments of the population. 7. More than 60 percent of burns, 40 percent of falls, 60 percent of boating accidents and 75 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 judgemant 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 A-ssistance 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 osy:�hological complications. J. TESTING PROCEDURES It is the policy of Beaumont Transit System -z7-o 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 tasting 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. P_ 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" (1-9 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 (ILRO) 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 (SA.P) 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 wwith 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 vrovides privacy to the 1nd1V1dual being tested. Loon arrival at tha site tra emplole_e must pro -ride positive ida.;tification to the B T. After the .e3 -ing procedures ara explained to the amploy.ae the employee and tha B_k must complete,date and sign an alcohol testing form. The BAT grill then conduct a scre=ening 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 deamed 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 tlpes of testing ars required by the drug and alcohol rules. 1. Pre-employmant 2. Reasonable suspicion 3. Post -accident 4. Random 5. Return to duty Follow-up In addition t'Za these six tvpes 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 employmant in safety -sensitive positions or individuals being transferred into safety -sensitive positions mast be given pre employment drug tests. Employees may not be hired or assignad to the safety -sensitive position unless they pass the tests. Participation in the systam's prohibited substance testing program is a requirement of each safety-sansitiva employee and, therefore is a condition of employment. Beaumont Transit System will test not only safety -sensitive employeas but non - safety -sensitive employees during pre-employment. Any prospective employee who tests p6sitiva 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 FT3 regulations (G.S. 653.43, 654.37) also require a safety -sensitive employee to submit to a test when the employer has n v reasDnable sus^1::1on that the anployea has used as prohibited drug or has misused alcohol as defined in the ra3ulati:)ns. The request to undergo a reasonable suspicion test must be basad on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body oder of the safety -sensitive employee. Managers who will be called upon to manta this determination, must be trained in the faots, circumstances, physical evidence, physical signs and symptosis, 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 (r.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 tao categories fatal and nor. -fatal accidents. 1. Fatal Accidents Whenever there is a loss of human lifer, sack 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 tasted. 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 nor. -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-s_nsitive 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 adcidants, 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 rust be parformed within 8 9 hours of the a cci dant . Random TestLag The FC.k (G.5. 663.47, 654.36) requires random tasting of drugs and alcohol for all safety-sansitiva employe=_s. Linder FTA guidelines transit agencies must use a scientifically valid random number selection method to select safety-sansitiva employees. For Beaumont Transit System purposes, we will use a computer based random number generator that is matched with safaty-sansitiva employees' identification numbers. At least 50% of the total number of safety -sensitive employees subject to drug testing and 250-s 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 wall 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 othar 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 resting 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 moH-EIU-: �Tli� fragiuericy and duration of ollo�d-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 Perfo.�--manoa T-asiir_g In addition. to the six major employs= tesring categories described above, Eeaumont Transit System will perform blind sample Or-DfiCiency testing as a cr ality ass,arance 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 quartar. 11 BEAD MONT TRANSIT SYSTEM{ 3aFETY SENSITIVE,' FUNCTIO*iS Fixed Route Bus Driver (Full Time or Past time) Shuttle Driver (Either Bus Or Van) Charter Drier (Either Bus Or Van) Mechanics (A y B) Bus Washer/Fusler 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 Maintananca Function) Secretary / Recap tionist(when performing a Dispatch Function) Office Manager (when performing a Dispatch Function) Dispatcher Parts Room Clark (When Performing a Dispatch Function Or Supervising a Maintenance Function) Shop Foreman 12 Arty questions ragarling this policy -or any other aspec: •Ji the drug -ire and alcoh of-frea transit pr•ogra;m s loul:1 contact trig following transit sys -em rapra3e:itativa: PRO(-'TP-XM.M2"_NA s R Name: William J. Munson Title: Genanal Manager AdIress: 550 Milam Beaumont, Texas 77701 Telephone Numbear: (409)535-7395 Fax Number: (409)392-4059 MEDICAL REVIEW OFFICER Name: Dr. John S. Vardiman Address: Diractor, Beaumont Industrial Clinic Telephone Number: (409)335-0074 Fax Number: (409)832-7034 SUBSTA_INCE A-BUSE PROFESSIO!iAL Name: Pending Title: Address: Telephone Number: Fax Number: 13 CILAN GL L BE AMO vT Tr tiS SYSTE 4 ALCOHOL A -ND SURSTANCE A-BUSE POLICAC �trec" - .lay 1, 1995, the follow ng changes cvilk be implementedTransit- to the Beaumont Trait System's Ucol of and Substance Abuse Program: PsECOR.D SECI.`RIT-Y : ,dl records pertaining to the alcohol and substance abuse tasting and training of Beaumoat Transit employees will be secured in a locking Ede cabi et to be located in the General Nfanager's office. Only the General Manager, C-eneral 'Nianager, ,md Office Manager will have a key to the filina, cabinet. A[1 incoming records wit be given to the General Manager by either the Office %Ianager or zsistarlt General Manager for review. _ -ter r-.vie,Nring the records and ta! irig any required action, the General Manager vAll properly file the records in the locking file cabinet. The General Managerwill �be resporsibl? for the security and retention of all pertinent records. Keys wild only be issued out by the General Manager. If for any reason any one of the three individual, ham ng access to the records should 1eaJe employment with Beaumont Transit, or more to a job posi7 oa not ha Ar.:z access, the General Manager will collect their key (Assistant General Manager Till collect General Manager's key if he should leave), and the lock on the fila cabinet will be changed as a precautionary saf ty measure, with new keys being issued out. RECORD RETENTION: All records pertaining to alcohol and substance abuse testing and training of Beau -moat Transit employees vU be ret3lned on fills for a minimum of five (S) years from the date of occurrence. BLEY D PERFOR LA-NC'i. TESTL�iG: Urine sa.mplas will be subau-tted to the Smith Kline Beecham Laboratories throa�_h the Beaumont ——Indu-trial"Clinic for blind periormarice testing. Three (3) blilid samples will be'subrnitted 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 Beaumoat Industtrial Clinic using fictional employee carnes in the riocmal 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 negauve sample or negative oa a positive sample) will be reported to FTA irm-nediately as required by FT'A regulations CHANGE 2 B E UMONT TRANti lT SYSTEM ALCOHOL -O-D SZ-BSTA CE A-BLSE POLICY The Beau-nont Lidustrial Clinic has closed and therefort ffecti-ie immediately, Ocd%f-ed Systems, 184-5 IH 1:.1 South, 77707,(-4,)9)8-4()-9910, will be the new clinic used by Beaumont Transit for DOT ph;;sicais, drug screens, alcohol screens, and on the job 'injuries. In addition, Snaith iOine Beecham will no loner be used as the testing laboratory, but etTective immediately, Kroll Laboratories, 11111-Iewrton Street, Gretna, LA, 70053, (304)361-8939, will be used as the testing laboratory. The new ',Vedical Review Officer (14RO) will be: NL'a,ne: Dr. Brian N. Heinen, Jr. _kddress: 301 Nfarin Luther Icing D -rive, Eunice, LA 70-535 Telephone Number: (337)=137-3353 Fax dumber: (304)361--3939 CHANGE 3 �� (� ((�� B A UMO �-iT TRz!LS iT S S T E _�}I _Ly CD -N- 5 �BSTA�'iCE �L�i L0LI L X OccNiftd Sysrera.s ha.s closed and dhereiore efecti-it Eeaurnont Vst ` -Z!dical, =1171 Calder, Beaumoain T:_xas, 77706, --vill the new dinic Ls. -d Cor DOT Fn sicals, drug semens, alcohol testin=g, and on the job injuries. La addition, Krotl Laboratories will no Longer be used as the urine ,ample testing facility, and C Plecti ✓e 1;7nmediatel .tine Source Toxicolgy, 1313 Genoa Red B La.Y Read., Pasadena, Te--x-as, 7750-4, will be the new testing facility. The new Medical Review Officer (tiaO) will be: Dr. James L. Davis, 111,ID, PA Beaumoat West &-ledical 1471 Calder Avenue Beaumont, Texas 77706 (-409 1866-0856-Offce ('109 ?855 -0136 -Fax .1 5 C O i O L AND S j., B S i A` l v L. .LLP l..J h DOL 'f j 7 i 4 Y CH G v S As a result of the Federal Transit Admiriisira ioLi's Office of Safety and Security Dr -La and _alcohol CompLiaace audit, conducted 1 �� ��'; 06 t�`iroug-h 10/06,:06, the foLlow-iny changes;revisiocs ani! made -die Beaumont �-Junicipa.l Transir System's Drug and Alcohol Testian Po1ic �: 1. A covered BMT employee shall only be randomly tested for aholiot misuse while the emplovee is performing safety -sensitive functions, just before the elnplo fee is to perform safety - sensitive functions, or just after the employee has performed such bmctions. The same applies to reasonable suspicion alcohol testing. Z. 'When a covered employee or applicant has not performed a saierY sensitive tunct,on for 90 consecutive calendar days regardless of the reason, and the employ -_e has not been in the Beaumont Transit random selection pool during that tilde, then BMT w -El erasure that the employee or applicant takes a pre-employment drug test widi a verified negative result. 3. Post -accident testing must meet all the FTA threshold; and &-i 'alcohol time testia..7 limits as outlined in Part 6». 4. A►_1 BtifT employees are regldnr d to make thernselves "readily available' for testing atter any accident and will r--mai.n available until t�1e hav:- be- : tested, Or ciearsd not to be tested, by management. 4. As soon as possible following an accident involving any B -,',,1T vehicle (bus, paratransit vehicle, trsck, or automobile) and causing the loss of human life, BAIT will immediately drug and alcohol test each covered employee ot)erating the vehicle involved and any other covered employee whose actions could have contributed to the accident. N'tien an accident occurs with a B_IT vehicle arid. 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, plias any other covered employee whose performance could have coozibuted to the accident, unless it is deter -iZed by management using the best information avai table 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 =19 CFR Part 40 Section 655.15, will be irarnedi?te removal from his or her safety - sensitive fitrlction and evaluation by a substance abuse professional. This statement will serve as clarification that BN1T, is general, does have a s2�coad chance poLiey for covered employees viho t--st positive for drugs anl,`or al._-ohol. However, each individual situation viii be evaLuat_d on it's o�xn merits, and B_\IT reserves the ri•ht to terminate _7 11"y" who [.'_3CJ pijjt[Sifor drugs aiij Oi 3i%o1:01 the Ili3i tin---i'vitiiJut oi'f'Cit ' Ci t: r3s�C:?n, Ch3CCe is Qtitrz!L_ the _Qv_C'u'_rIIpIJL ,vbj) tested r,os:'' I)r ei:h;-�rdr-1=3 an �,al�� ,D' wil)li i ;�`� � t _ _r �h �. L-.�. e .i1�.="1��.11t�1v C�t1: _d �i_�;r t��lr e;aluated by :a substance 3yuse pL"o .�ssloral, and t a oudri?din -r) CFR Pa ,_:_ be follo �, d. 6. AL references to 49 CFR Parts 653 and 6-51 xill be disregarded. A-1 drug and alcohol testinc- %ih be conducted under 49 CFR Pay[ 655. B _�1T shall r.quire every- covered ampto,ree to submit to a post -accident drug and alcohol test required under Section 65-5.44, a random dru- and alcohol test required under Section 6>j. 1a, a reasonable suspicioa drag and alcohol tem requir_d under Section 655.43, or a follow-up drug and alcohol test r!�quintd ender Section 655.47. BN.f will not permit any covered employee who refuses to submit to any of dae above Lsted testing to perform or Continue to perform safaty-sensitive F.inctions. 7. It shall be thepolicy of BLIT that any covered employee who produces a diluted neCrativa urine specimen will be required to take another test L=ediateLy under non -observed conditions, unless thera is another basis for the use of direct obscuration as listed under Section 10.67. This retest policy will apply to al1 types of testing and to all covered employees. ' -hen notified for a rete, each covered emOloyee will be given the r_nLu_.irnum possibLe advance notice that he or she is to raport to the collection site. The result of the second test, not that of the original t6st, will become the test of record. S. T --rider B1,IT's police, it is considered a ref.sal to tare a drag and for alcohol test if t1he ernployee fa=ils to remain at the dP1O, testing site until the testing process is complete. Provided, that an employee who leaves the testing site before the testi: ? process commences for a pre- elriploymerit test is not deemed to have refused to tesL 9. Under B_MT's policy, it is considered a refusal to take a drag aaw'or alcohol test if the ernployae fails to undergo a medical examination or evaluation, as directed by the NPRO as part of the verification process, or as directed by the DER under Section 40.19j(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- employrnent test is conducted foLlov,-i.g a contingent offer of employment. 10. Under B\,IT policy, it is considered a refdsal to take a drug and/or alcohol test if the employee fails to cooperate with any part of the testing process (c.O. refuses to ampEy 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 drub test if in the casc of a directly observed or monitored collection, the employee fails to permit himself or herself to be directly observed or monitored during the collection of the specimen. L?. It is considered a refusal to take a drt.tg test it the employe_ fails or declines to rak_ a second test when direct.:d to do so by the employer or collector �h:�., t� 1 F a, r t� -P L3. .t li �oRsldere''� a r_ ..gal to eke a C nig, tt_„ oL the - 2,C� r..piotu -i,at t.�` ?nlv'l i�% _its «. I= is ili:derad 3 r:flsal if Chi en,p [,,y --:a L3'. -.i or del: Li Ile] :o 3; gn C., t _cr'.lp_aC=. C a: JL�-n 2 ATF as outlined In Sections -10.24t1,7) old 4').25Il•�i1- 15. IL` a Poi1-DOT .1-u aad�or aL-ohc L C�St 13 C_'P1sZd GJ p� C3LC2Ci ?'% an2t�_pL'?�i?Z, OC a non- 15 form is rt,6used co be si-ned, then under t:lis poLicti- cou L.av: not rtri;td a DOT cast a.Lid there are ao consequences under DOT alency r-2a-utatioas. Hocvnr, rlus does r_oc' �mpt -impLoy es Lrom consequences under other ernplovlar poticies. CHAiNGE S BEA.NIO-NIT 41UiIICIPALTRA1 ljiTSYSTcP.I ALCOHOL,AND SUBSTANCE ASI:Sc POLICY Effective immediately, Beaumont Transit's Substance Abuse Processional (SAP) will be: Madeline Alford, LPC, LCDC Regents Park 35 IH -10 North, Suite 100A Beaumont, Texas 77707 Phone: (409)939-3233 FAX: (409)339-4439 CHANGE 6 i3EAlJMON T IM UNICI PAL TRANSIT SYSTEM ,ALCOHOL AND SUBSTA.kc- ABUSE POLICY ,— fec ve immediately, SeaumontWest Medical has changed their name to XPRESS CARE. CHANGE 3 SEAUNIOiNT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Effective immediately, all behaviors listed in 49 CFR, Part 40, as amended, as constituting a refusal to take a required drub 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. CHANGE 9 BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY The Substance Abuse Professional (SAP) has moved to a new address. It is as follows: Madeline Alford, HIED, L.C.D.C., L.P.C. 1485 Wellington Circle, #102 Beaumont, TX 77706 (409)861-1930 =OFNI5 'H-AOMONT 1411;i`IICI?ALT?.APISITSYSTEPiI A*-CO,'OL AND SUBSTANCE ABUSE POLICY A. Acknowledgement of =moloyer'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 Sy -stem Acknowledgment of Employer's Drug and Alcohol Testing Program I , the undersimed, 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 Transportal.oa and Federal Transit Atration for all covered employees who perform a saf ty-sensitive Esnction_ I under>+taa-d dais policy is requi:zed by 49 CFR Part 65 5, as amended, and has been duly adopted by the City of Beatnnont for the Beaumont -Iuni.cipal Transit System. Any provisions contained herein tiYhich are not required by 49 CFR Part 653 or 49 CFR Part 40, as amended, that have been imposed solely on the authority of tae employer ase designated as such in the policy docmnent. I frtrther understand that rcccipc of this policy coati=- es a legal nod cation of the contents, and that it is my responsibilit,7 to become familiar with and adhere to all provisions contained therein. I will seek and ger. cla-incations for any q_uesdons from the employer desipated contact person or persons. I also understand chat compliance with all provisions contained in the policy is a condition of my employment. I Rin -her un.ders and that the =" rmation contained in the approved DO1ZCv dated is subject to change, and that aay such changes, or addendum, shah be ve to me in a manner consistent with, the pro,Asion of ^9 CFR Part 655, as amender'. Signature of Employee Date -- Sign:ature of tivitaess Date APPENDIX B -e.%hi �a i3 T. �, d2� i 313i�1?1 'i'.AS•i '19 .y 8 FH M�''i- N L L'�. s a di.; 3. 'fi Ey t) I 3 I -Y9 CFR k 4 Vii. icy e`�slti .l a!i�_'',�?. Yb•9..? iu•f JecE;on. I. To be COTpI?t• d by ll?-' new eMP10 er, 3i'7ned by th. ti? io, and _ransmi t_d to Chia prt-, io .i empio-- er : �Tv`J ••�� i'r"i1:t�Jr T'.-oed N-arnt:: C l?rlJ'+.e SS or ID iamber: hertbv aurihonz-- ralta;- JI information F-O,n my D,par:meni o: Trammortatron r -;fisted dna; 3. d iLcohcl tcsaag i^'^.RCjs 7_f my pre thous --mploytr, listed in Sz :. n 1-3, to rhe .rnpioyer lisred in Sect:vn 1-.d. is i; r;t��s� :n zccardance vi h B�7T Rtguladon 49 CI R. Par'. daJ, Section i).??. [ understand ghat information ;o �t rtltased in . ec_ion 11-.-I by ., y pr.vious empioytr, is limited :o the ollowing DOT-rt.iLatcd resting items: I. :Mcohol less with a result of 0.04 or hig2cr, _. Vtriflied positive dru; t--=; 3. R--fusals to be tc.Azd; 4. Other violations of DOT agency drig and alcohol m dng regulations; 5. Information obtained :tom prtvious tnploytm of s drug and alcohol rule violation; i. Documentation, if an;, of compaction o[ rhe rerun-to-durl process following a vale violation. Employee Signature: I--iL. New Employtr;`tante: .A-ddress: Phone T. Designst--d Employtr Reprtsentative: I -B. ?rtvious Employer Name: .-.jdrtss: ?hones Desi stet? Employ:r Repctsent dve (ii lmowr.;: Fax m: Date: Section II. To be completed by the previous employer and transmitted by mail or fax to the neer e-inployer: II -A. Ia the two year prior to tie date of he tmployee's aiQr atur: (in Section n, for DOT -r. -Mated testing - l. Did the employee have alcohol tests with a result of 0.0.4 or higher? 'i -ES —N O ?. Did the employee have vtrifed positive drug tests? YES NO 3. Did th-- wmp[oyta r?,5.ase to be tested? YES NO 4. Did the employee have other violations ofDOT agency drub and alcohol ttsting regulations? YES N0 5. Did a prtvious employer report a drug and alcohol rule violation to you? YES 1140 6. If you aaswtrtd "yts" to any of the above items, did the tmploy':e complettthe return -to -duty process? Nle YES NO TOTE: IJ you answersd "yes " to itsm i, you mutt provicL the pr--vious employer's report. IJ you ansivered "yes'" to item 6, you rnu-t also transmit Ire appropriate returr--to-duty documentation (e -g., .541° report(s), follow-up testing record). R -E. Name o f person providing information in Section 11-.4: Title: Phon; s. Date: Address 1%'hich To Return Cogtpleted Form: En=ont Nfuudcipal Tro.nsii System •� frn• (Lill::im I Viiin _nn M-4mi:r�r Beau,montTransit Co-atacts: Q)fico (409)333-7895 FA x' (409,91;-7X")i APPENDIX C �.]_p1CCL ..T=Ra - .,vi . .' i�•ia r� �; �.vw�ai r;-f.*,r 9" •` _a I: 540. �•,.aT*2: 31'3 �]!:?....i SJi a i .iis c T. t al -us -t Fir -ase -It Ph —to ID a_ ].i e ` f S=a vi .Y� Patient -,'343 i-_. Cho :aa I: CoiriCany Address: Cor noarL Contact; Employee Ta Pay Aa Time of Servk9 a Grnpioyer (See Address Abode) Compensation Ins_ Go. Policy: Phar eClaim is n _ V-1 ] _-Yi1i ;� 33.?{��7"-moi: _ z-;Su''_�_` Date o; injury: Rapid Urine Drug Tas not r c L mend&J for injuries) (P os, Accideri Dr ::g Tea,: DCT Nora -DOT root Acciderii lest Pest fi :ciders; Hai.. � iaiysis LIGHT DUITY IS AVAILABLE R a turn l to Work Evaluation, Joh Title: DLL�� Flaaw _- ?Lovida Job escrip:ion Occupational Injurl Nor-,-Occupat;on31 Injury Special In-stma ons: At-thorted B!/ (:3lir;t': Sign•.acu; S NIL Dat_m of Order: Co_ Phone: L-w,ug Testis]--> >...sY„y; Urine Dreg Test: _DGT t`aort-DC7 T _ Rapid Unna Drug Check _ D.eau] Al;ohol Tast i it A ial j?sis =i^ sizoym : i i. s mi t'-: t Uldi,e Drug i es`a.: [NOT Non -DID _ Rapid Urine Drag Check I Breath Aicohci Test Hair Analysis _ Physicals: —DOT _DDT Re -Car;. _EasiC — Physical Pe orrnancV Evajuabcla !Please Provide !oh Description; _ Respirator Pi# Testintg: Qualitative ,'anI ta N,N'o ! Pul,Torary Fun—tion Tv.:—� v = l ) Audiogram: _DOT _03'HA Uo,isa, ✓ation Blood Tasting: CBC Biti-LAC Heaq kletal:1�3 Tia Skin Test X-rays: _ Chest _ S-P:ead Vision Testing: lf��ail dart .i -I _Cotv. Ita: Data: APPENDIX L*4 L! I M. '-�iw a1d�j4'i� 1 � i•c�'.iY3i� �1 3�%a3'- T i's'L' soca Ic SLisp Lipa Dr u aP,d ��lcct hloI 4 � ;t M:..6_,g+finD-� tlmi Pat2t Gin For-in 1. Name ,) 4 EmpL),==c ?. Emrjl.a,-,e L umber." osition 3. Decision to Tes * FTA Authoriry _ Yes Cornpany Autson'tv — Yes ='.. TE-ne, Date of Decision to Test 5. Type o f Test _ Dru _ Aleoho i 5. Did the Alcohol T cst Occur 1\4,-) c-- Than 2 Hours F oLlowir_Q the Obsei r atic-ns That Led to Perfor ri-ag the Test? - Yes No if Yes, Explain 7. li No AlcohoL Test Occurred Because of More Than S Hours El3rsin, Fctlo Win, Observations That Led to the Decision to Test, Explain S. Supervisor `VLa:dna Decision 9. Notification of Test 10. Test Conducted T imeiD ate Dv -i.--: TimeiDat.- Alcohol Tunei'Date L 1. «,-as the Decision to Drub an,±or Alcohol T-zst Base -don Sped=ic, Cont-maporaneous. rticulabLe i)bstrvatioas Coacemhrig the Appearance, Beha-vior, Speech, or Body Odor of the Saf--m--S.>r sirive Employee? Explain ! 1cideau or CornJ[alin3 Co-,, ock�rs or Passeaz-r3 D'•1rli a the V,,_-:)rIkday 4k aich Raised Ju3pi3ior., and VV'rt TlnZs�e Lacidenis or CoLcriplai is Full,; lnvtstto-aud b.: Che `uper-visor? Explain i3. li dieLrnrlo;ree Indicated Recent Use of Prescription or 0vt.-the-Count-2I'dedications, Then Please Comptet= a Confidential Medical Report. l 4. Otiaer Comments l ?. S aper -visor Sigma= --t Date *'Iota: The decision to test under reasonable suspicion should be able to -pass the "pea unable prudem individual" test, which simply means a similarly aad �Lperimced surpervlsoI, belagg reasonable and prudent, and having observed and noted tl`ie same facts, 3i?r, and circumstances. could have reached the same conclusion. Hunches and "?alt feelin?s" arc aot valid in detLmu. ation. A reasonable suspicion referral must be based upon a trained supervisor's specific, cont--mporaneous. articulable observations concerning, the appearance, beha'v'ior, speech, aad:`or bod,� odor of the covered employee. APPILENDIX E Post -Accident Drug, a nd alcohol Test DL DecIJiG'i >ra..i., L--nL `iii. i!fl F0 t_:3 1. A•3cidr:at F sport NTimber ?. Location of Accident 3. Accident Time/Date 4. Report Tirne;Date 5. Name of Employee 5. Employee N- umberiTosition 'Result of �•�CL•sd'n _ Fsrali? _ Disabiic•? Darua.ge* to One or N-Iore VeEcies (" Blas, Van, Para.traJasit, Truck, Auto ) _ Remove From Revenue Service ( Rail Only) Irj,.:ry Requiring Mediate Transport to Medical Facility _ Employee — Other Vehicle Passers-,er — Other, Specifti Was the Employee Sent for a Post -Accident Test'? If No, E:,zplaia 10. Decision to Test 11. Type of Test i I Supervisor Mala ga Dtcision FTA Authority Company Authority D ru, Yes N; o _ Yes +o Yes `4 o Alcohol ,_ T_sTime, D1=- LT Tts. Cor -,Lc t,u Dr, 7: T me. Da -e .4.1._ohoi: Timte;Da-1e 15. Did the Alcohol Test {occur Nbre Than 2) Hours From. tl_e Time of rhe a.cidtni' Y --s ti o If Yes, Explain Lo. I1 Ni0 Alcohol Test Occurred Because of i4lore Than 3 Hour Elapsin- From Ti t of Accident, Explain 17. Divi the Employee Lea4 -:� the Scene of the Accident Without Ju -sl Caine? -es Vo U' yds, Explain 1 S. If No Drug Tcs-L Was Performed Because 32 Hours Had Elapsed S Lace the Time of the _accident, Explain 19. If the EmpLoy--e hidicat--d Recent Use of Prescription or O.-er-the-Co<<nter �:Icdications, Then PLea e Complete, a Confidential Medical Report. 20. Other Comment3 ? L. S aper visor 5 i _7natur-, Date Vote: Disabling damage means damage, which precludes depsr urt of any vehicL` town d1? scene of the occurrence in its usual manner in daylight after simpi_c repairs. DisabLin- llama_-- includes da:mag-� to k;ehi: l,s that co�-ild have been op,r.3tzd but would l�av� been 61rth�r dam { `,7 T iyF 71 T-.� �, �i"�'y.-'L';r ' r -.,-1 -..+, __� c_ •C '� "1 f7. {.1 ��l'R=c ':il:� ":74': '�l'•y_'�"'l'1 "1 '�-T1 ��F::. i..c.>� �:{t�y-.:19 -::]c:..acl�l.'-:�- �:7; :.'Tv .i� .{_ :]'i: �w �,_ c..,c.._..y..•..L �.� i.,r-::;1� �=r^r �pr'ul l- 't. spl'• 1, U C'G 77 CHANGE 10 BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY The clinic used for the collection of urine samples for DOT drug testing, DOT alcohol breathalyzer testing, and DOT physicals is now: NOVA Medical Center 3817 Stagg Drive Beaumont, Texas 77701 (409)866-0856 The lab used to test the urine samples is still: One Source Toxicology 1213 Genoa Red Bluff Road Pasadena, Texas 77504 (888)747-3774 The Medical Review Officer (MRO) is now: Dr. Wayne F. Keller, M.D. 1213 Genoa Red Bluff Road Pasadena, Texas 77504 (888)747-3774