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.
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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. Beaumont transit will strictly adhere to the FTA guidelines
when performing the required drug testing.
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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
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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
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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
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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.
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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.
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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
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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:
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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