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HomeMy WebLinkAboutRES 22-147RESOLUTION NO. 22-147 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the amended Beaumont Transit System Drug and Alcohol Policy, substantially in the form attached hereto as Exhibit "A," is hereby in all things approved for implementation by the Beaumont Municipal Transit System. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2022. F--k�Ao64(1 - Mayor Robin outon - Transit Management of Beaumont Beaumont Transit C�1 Drug & Alcohol Policy ADOPTED: October01, 2020 LAST REVISED: April 28, 2022 Revision 003 EXHIBIT "A" Table of Contents SECTION 1Purpose ofPolicy .----------_—.----------------_-------_1 SECTIONZCovered Employees ..................................................................................................................... 1 SECTION 4Consequences for Violations ....................................................................................................... Z SECTION6Testing Procedures ....................................................................................................................... 4 SECTION7Test Refusals ............................................................................................................................... S SECTION 8Voluntary Self -Referral -----------------------------_------.S SECTION9Prescribed Drugs ................................................................ ........................................................ S SECTION 1UAdoption ofDrug & Alcohol Policy Drug and Responsible Officials .......................................... 7 SECTION 1 Purpose of Policy This policy complies with 49 CFR Part 655, as amended and 49 CFR Part 40, as amended. Copies of Parts 655 and 40 are available in the drug and alcohol program manager's office and can be.found on the internet at the Federal Transit Administration (FTA) Drug and Alcohol Program website http://transit-safety.fta.dot.gov/DrugAndAlcohol/. All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with 49 CFR Part 655. Portions of this policy are not FTA-mandated, but reflect Transit Management of Beaumont's policy. In addition, DOT has published 49 CFR Part 32, implementing the Drug -Free Workplace Act of 1988, which requires the establishment of drug -free workplace policies and the reporting of certain drug - related offenses to the FTA. All Transit Management of Beaumont (TMB) employees are subject to the provisions of the Drug -Free Workplace Act of 1988. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify his or her direct supervisor no later than five days after such conviction. Changes to this policy may be made without notice to ensure compliance with federal law. SECTION 2 Covered Employees This policy applies to every person, including an applicant or transferee, who performs or will perform a "safety -sensitive function" as defined in Part 655, section 655.4. You are a covered employee if you perform any of the following: • Operating a revenue service vehicle, in or out of revenue service • Operating a non -revenue vehicle requiring a commercial driver's license • Controlling movement or dispatch of a revenue service vehicle • Maintaining (including repairs, overhaul and rebuilding) of a revenue. service vehicle or equipment.used in revenue service • Carrying a firearm for security purposes See Attachment A for a list of covered positions by job title. SECTION 3 Prohibited Behavior Use of illegal drugs is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body at or above the minimum thresholds defined in Part 40. Prohibited drugs include: • marijuana • cocaine • phencyclidine (PCP) • opioids • amphetamines All covered employees are prohibited from performing or continuing to perform safety -sensitive functions while having an alcohol concentration of 0.04 or greater: All covered employees are prohibited from consuming alcohol while performing safety -sensitive job functions or while on -call to perform safety -sensitive job functions. If an on -call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. if Transit Management of Beaumont Drug & Alcohol Policy 1 Rev 003 the on -call employee claims the ability to perform his or her safety -sensitive function, he or she must take an -alcohol test with a result of less than 0.02 prior to performance. All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety -sensitive job functions. All covered employees are prohibited from consuming alcohol for eight (8) hours following involvement in an accident or until he or she submits to the post -accident drug and alcohol test, whichever occurs first. SECTION 4 Consequences for Violations Following a positive drug or alcohol (BAC at or above 0.04) testresult or test refusal, the employee will be immediately removed from safety -sensitive duty and referred to a Substance Abuse Professional. Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately.removed from safety -sensitive duties for at least eight hours unless a retest results in the employee's alcohol concentration being less than 0.02. Treatment/Discipline Per Transit Management of Beaumont policy, any employee who tests positive for drugs or alcohol (BAC at or above 0.04) or refuses to test will be suspended without pay and referred to a Substance Abuse Professional (SAP). Failure to.contact the TMB SAP within seven (7) days upon notification of a failed test will result in termination. Employees are responsible for the cost of drug and/or alcohol treatment following a positive test or refusal to take a test. Employees eligible for health insurance benefits may be eligible to claim treatment costs under the health insurance plan. All deductible or copay amounts are the responsibility of the employee. Employees should refer to the health insurance provider policies for eligibility and claim information. Employees who are cleared to return to safety sensitive duties following successful completion of a substance abuse program may be required to continue SAP evaluation.. Employees who successfully complete the requirements of the SAP and are released to return to their safety sensitive position will be subject to the return to duty and.random testing requirements outlined in Section 5 of this policy. SECTION 5 Circumstances for Testing 5.1 Pre -Employment Testing A negative pre -employment drug test result is required before a prospective employee can.first perform safety -sensitive functions. If a pre -employment test is cancelled, the individual may be required to undergo another test and successfully pass with a verified negative result before performing safety -sensitive functions. The prospective employee may also be removed for consideration as an employee. If a covered employee has not performed a safety -sensitive function for 90 or more consecutive calendar days, and has not been in the random testing pool during that time, the employee must take and pass a pre -employment test before he or she can return to a safety -sensitive function. A covered employee or applicant who has previously failed or refused a DOT pre -employment drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements. 5.2 Reasonable Suspicion Testing All covered employees shall be subject to a drug and/or alcohol test when Transit Management of Beaumont has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing Transit Management of Beaumont Drug & Alcohol Policy 2' Rev 003 will be made by a trained supervisor or other trained company official on the basis of specific; contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety -sensitive functions, just before the employee is to perform_ safety -sensitive functions, or just after the employee has ceased performing such functions. 5.3 Post -Accident Testing Covered employees shall be subject to post -accident drug and alcohol testing under the following circumstances: 5.3.1 Fatal Accidents As soon as practicable following an accident involving the loss of a human life, drug and alcohol tests will be conducted on any surviving covered employee operating the public transportation vehicle at the time of the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by Transit Management of Beaumont using the best information available at the time of the decision, will be tested. 5.3.2 Non -fatal Accidents As soon as practicable following an accident not involving the loss of a human life, drug and alcohol tests will be conducted on each covered employee operating the public transportation vehicle at the time of the accident if at least one of the following conditions is met: The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident one or more vehicles incur disabling damage and must be towed away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by Transit Management of Beaumont using the best information available at the time of the decision, will be tested. A covered employee subject to post -accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. Post -accident testing shall meet all FTA thresholds and drug/alcohol time testing limits as outlined in Part 655.44. All TMB employees are required to make themselves "readily available" for testing after any accident/incident and will remain available until they have been testes, or cleared not to be tested. 5.4 Random Testing Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety -sensitive functions. are performed. Transit Management of Beaumont Drug & Alcohol Policy 3 Rev 003 Testing rates will meet or exceed the minimum annual percentage rate set each year by the FTA administrator. The current year testing rates can be viewed online at www.transportation.gov/odapc/­random-testing-rates. The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer -based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made. A covered employee may 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 ceased performing such functions. A.covered employee may be randomly tested for prohibited drug use anytime while on duty. Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site. 5.5 Return to Duty Testing Any employee who is allowed to return to safety -sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), complete a SAP -required program of education and/or treatment, and provide a negative return -to -duty drug and/or alcohol test result. Any return -to -duty drug testing will be directly observed. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O. Any employee has not performed a safety sensitive function for ninety (90) consecutive calendar days, regardless of the reason, shall be required to undergo a pre -employment drug test with a verified negative result. 5.6 Follow-up Testing Employees returning to safety -sensitive duty following leave for substance abuse rehabilitation will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of one (1) to five (5) years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow-up testing shall be directed by the SAP. A covered employee may only be subject to follow-up, alcohol testing while the employee is performing safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be subject to follow-up drug testing anytime while on duty. All follow-up drug tests will be directly observed. All testing will be conducted in accordance with 49 CFR Part 40, Subpart 0. SECTION 6 Testing Procedures All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended. If there is a negative dilute test result, Transit Management of Beaumont will accept the test result and there will be no retest, unless the creatinine concentration of a negative dilute specimen was greater than or equal to 2 mg/dL, but less than or equal to 5 mg/dL. Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL require an immediate recollection under direct observation (see 49 CFR Part 40, section 40.67). Split Specimen Test In the event of a verified positive test result, or a verified adulterated or substituted result, the employee may request that the split specimen be tested at a second laboratory. Transit Management of Beaumont guarantees that the split specimen test will be conducted in a timely fashion. Transit Management of Beaumont Drug & Alcohol Policy 4 Rev 003 SECTION 7 Test Refusals As a covered employee, you have refused to test if you: •. Fail to appear for any test (except a pre -employment test) within a reasonable time, as determined by Transit Management of Beaumont. • Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre -employment test has not refused to test. • Fail to attempt to provide a breath or urine specimen. An employee who does not provide a urine or breath specimen because he or she has left the testing site before the testing process commenced for a pre -employment test has :hot refused to test. • In the case of a directly -observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of'a specimen: • Fail to provide a sufficient quantity of urine or breath without a valid medical explanation. • Fail or decline to take a second test as directed by the collector or Transit Management of Beaumont for drug testing. • Fail to undergo a medical evaluation as required by the MRO.or Transit Management of Beaumont's Designated Employer Representative (DER). • Fail to cooperate with any part of the testing process. • Fail to follow an observer's instructions to raise and lower.clothing and turn around during a directly -observed test. • Possess or wear a prosthetic or other device used to tamper with the collection process. • Admit to the adulteration or substitution of a specimen to the collector or MRO. • Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). • Fail to remain readily available following an accident. • As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. • As a .covered employee, if.you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety .sensitive functions, and referred to a SAP. SECTION 8 Voluntary Self -Referral Any employee who has a drug and/or alcohol abuse problem and has not been selected for reasonable suspicion, random or post -accident testing or has not refused a drug or. alcohol test may voluntarily refer her or himself to their direct supervisor, who will refer the employee to the General Manager, who will refer the individual to a substance abuse counselor for evaluation and treatment. The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance. Any safety -sensitive employee who admits to a drug and/or alcohol problem will immediately be removed from his/her safety -sensitive function and will not be allowed to perform such function until successful completion of a prescribed rehabilitation program. SECTION 9 Prescribed Drugs Employees are required to inform their supervisor if they are prescribed and taking legal drugs tested for in Section 3. Employees are prohibited from performing safety sensitive functions while taking prescribed medications outlined in Section 3 of this policy. Employees who have been prescribed Transit Management of Beaumont Drug & Alcohol Policy 5 Rev 003 medications in Section 3 will be subject to the provisions listed in Section 5.5 before returning to any safety sensitive function. If an employee tests positive for any of the semi -synthetic opioid drugs in Section.3 of this policy, the Medical Review Officer (MRO) will conduct an interview with the employee to' determine if there is a legitimate medical explanation for the result. If an employee has a, valid prescription, it should be provided to the MRO who will determine if the prescription is valid. If a legitimate medical explanation is established, the MRO will report the result as a 'negative'. If not, the MRO will report the result as 'positive'. If the employee tests positive for medications outlined in Section 3 of this policy and has not informed his or her supervisor of the prescription, the employee will be subject to disciplinary action including termination. DDT's regulation requires an MRO to report medication use/medical information to.a third party (e.g. employer, health care provider responsible for medical qualifications, etc.), if the MRO determines in his or her reasonable medical judgement that an employee may be medically unqualified according to DOT Agency regulations, or if the employee's continued performance is likely to pose a significant safety risk. The MRO may report this information even if the MRO verifies a drug test result as.'negative'. Prior to an MRO reporting information to a third party an employee will have up to five days to have his or her prescribing physician contact the MRO. Employees are responsible for facilitating the contact between the MRO and a prescribing physician. A prescribing physician should be willing to state to the MRO that an employee can safely perform safety -sensitive functions while taking the medication(s), or consider changing the medication to one that does not make the employee medically unqualified or does not pose a significant safety risk. Transit Management of Beaumont Drug & Alcohol Policy 6 Rev 003 SECTION 10 Adoption of Drug & Alcohol Policy Drug and Responsible Officials Questions regarding Transit Management 's anti -drug and alcohol misuse program should following: Alcohol Program Manager (DAPM): Operations Manager 550 Milam St. (409) 835-7895 Medical Review Officer: Dr Brian N. Heinen Ave. (888) 382-2281 (913) 752-3148 (fax) Substance Abuse Professional: - Madeline Alford, LPC 6885 Phelan Blvd Beaumont, TX 77706 (409) 861-1930 Drug & Alcohol Testing Collection Site: AFC Urgent Care - Beaumont 3195 Dowlen Rd. Suite 105 Beaumont, TX 77706 (409) 204- This policy is hereby adopted by Transit Management of Beaumont on this the 'h day of April; 2022. y - Claudia San Miguel General Manager Management of Beaumont Drug & Alcohol Policy Rev 003 k Attachment A: Covered Positions Pursuant to 49 CFR Section 655.4 safety -sensitive employees are defined to as follows: "Safety -sensitive function means any of the following.duties, when performed by employees of recipients, subrecipients, operators, or contractors: • Operating a revenue service vehicle, including when not in revenue service; • Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License; • Controlling dispatch or movement.of a revenue service vehicle; • Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service. This section does not apply to the following: • an employer who receives funding under 49 U.S.C. 5307 or 5309 • is in an area less than 200,000 in population • and contracts out such services • or an employer who receives funding under 49 U.S.C. 5311 and contracts out such services • Carrying a firearm for security purposes. At the time of adoption of this policy, the following Beaumont Transit/Transit Management of Beaumont positions are considered safety sensitive: • Bus Operators • Bus Operator Trainees • Class "A" Maintenance Personnel • Class :'B" Maintenance Personnel • Service Personnel • Maintenance Supervisors • Dispatchers or other personnel that dispatch operators • Paratransit Schedulers Transit Management of Beaumont Drug & Alcohol Policy 8 Rev 003 Transit Management of Beaumont Drug & Alcohol Policy Acknowledgement I acknowledge that I have received a copy of the Transit Management of Beaumont Drug & Alcohol Policy -for all covered employees who perform a safety -sensitive function. I understand that compliance with all provisions contained in the policy is a condition of employment. I further understand that the information contained in the policy dated October 01, 2020 and revised April 28, 2022, is subject to change, and that any such changes or addendum, shall be disseminated in a manner consistent with the provisions of 49 CFR Part 655. Employee Signature Print Employee Name Date Signed Transit Management of Beaumont Drug & Alcohol Policy 9 Rev 003