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HomeMy WebLinkAboutRES 24-082 RESOLUTION NO. 24-082 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Beaumont's Transit System is managed by a private company, Transit Management of Beaumont-BMT Zip; and, WHEREAS, because the system receives funding and oversight from the Federal Transit Administration,the City of Beaumont must approve updates to the management company's Drug and Alcohol Policy to remain in compliance with Federal Transit Administration rules; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council be and are hereby authorized to approve the amended Drug and Alcohol Policy for the employees of BMT Zip. 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 Beaum nt this the 2nd day of April, 2024. /11 /' � ` '�`1,�/ - Mayor Roy West- eFAJMOIJT It xn.. / FTA Drug and Alcohol Policy—Management Transit of Beaumont Transit Management of Beaumont Drugand Al Effective as of: 04/02/2024 Adopted by: Date Adopted: [04/02/2024] Last Revised: [03/14/2024] Page 1 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont Table of Contents 1. Purpose of Policy 3 2. Covered Employees 4 3. Definitions 4 4. Education and Training 7 5. Prohibited Substances 8 6. Prohibited Behavior 9 7. Circumstances for Testing 10 8. Testing Procedures 13 9. Test Refusals 15 10. Voluntary Self-Referral 16 11. Prescription Drug Use ... 17 12. Consequences for Violations 18 13. Contact Person 19 Attachment A: Covered Positions 20 This policy revision is hereby adopted by Transit Management of Beaumont on this the 2nd day of April 2024. Claudia San Miguel Arlon Jackson General Manager President Amalgamated Transit Union, Division 1031 Page 2 of 20 F1'A Drug and Alcohol Policy—Management Transit of Beaumont Section 1 Purpose of Policy The Transit Management of Beaumont provides public transit services. Part of our mission is to ensure that this service is delivered safely, efficiently, and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol to promote the health and safety of employees and the public. In keeping this mission, Transit Management of Beaumont declares the unlawful manufacture, distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all employees. 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/Drug and Alcohol. Also, this policy establishes guidelines to maintain a drug and alcohol-free workplace in compliance with the Drug-Free Workplace Act of 1998 which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA, and the Omnibus Transportation Employee Testing Act of 1991. This policy is intended to comply with all applicable Federal regulations governing workplace anti-drug and anti-alcohol programs in the transit industry. Specifically, the Federal Transportation Administration (FTA) of the U.S. Department of Transportation has published 49 CFR part 655, as amended that mandates drug and alcohol to Federal DOT Regulated Testing for safety-sensitive positions and prohibits performance of safety-sensitive functions when there is a positive test result or test refusal. The U.S. Department of Transportation (USDOT) has also published 49 CFR part 40, as amended, that set standards for the collections and testing of urine and breath specimens. Portions of this policy are not FTA-mandated but reflect Transit Management of Beaumont's policy. These additional provisions are identified by bold text. All Transit Management of Beaumont 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 the DER/DAPM no later than five days after such conviction. All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with 49 CFR Part 655, as amended. Page 3 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont Section 2 Covered Employees This drug and alcohol policy applies to applicants,transferees, employees (full-time and part- time), and any employee who performs a safety-sensitive function including those covered through leases of vehicles or sub-contract of services as defined in Part 655, section 655.4. Transit Management of Beaumont employees that do not perform safety-sensitive functions are also covered under this policy. A "safety-sensitive function" as defined in Part 655, section 655.4, is any duty related to the safe operation of public transit service including. • 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.Supervisors are safety-sensitive when performing one of the functions listed in Attachment A. Section 3 Definitions Accident means an occurrence associated with the operation of a vehicle even when not in revenue service, if as a result— 1. An individual die, 2. An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; or, 3. One of the more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. For purposes of this definition, disabling damage means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been so operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts,tire disablement without other damage even if no spare tire is available, or Page 4 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont damage to headlights, taillights, turn signals, horn, or windshield wipers that make them inoperative. Adulterated Specimen a specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for the type of specimen or showing an abnormal concentration of an endogenous substance. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation, or medication. Alcohol Concentration is expressed in terms of grams of alcohol per 210 liters of breath as measured by a test under 49 CFR Part 40. Alcohol Screening Device (ASD)all approved devise listed on ODAPC's website. Canceled Test a drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which is cancelled... A canceled test is neither positive nor negative. Confirmation Test is a second analytical procedure performed on a different aliquot of the original specimen to identify and quantify the presence of a specific drug or drug metabolite. Covered Employee under FTA authority means an employee who performs a safety-sensitive function including an applicant or transferee who is being considered for hire into a safety- sensitive function (See Attachment A for a list of Safety Sensitive Employee). Designated Employer Representative (DER)an employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. The DER also receives test results and other communications for the employer, consistent with the requirements of 49 CFT parts 40 and 655. Department of Transportation (DOT) modified to encompass all DOT agencies, including, but not limited to, FAA, FRA, FMCSA, FTA, PHMSA, NHTSA, Office of the Secretary (OST), and any designee of a DOT agency. For the purposes of testing under 49 CFR Part 40, the USCG (in the Department of Homeland Security) is considered to be a DOT agency for drug testing purposes. These terms include any designee of a DOT agency. Page 5 of 20 FTA Drug and Alcohol Policy— Management Transit of Beaumont Dilute Specimen a specimen with creatinine and specific gravity values that is lower than expected for human urine. Disabling Damage means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated but does not include damage which can be remedied temporarily at the scene of the occurrence Without special tools or parts, tire disablement without damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative. Evidentiary Breath Testing Device (EBT) all approved devices as listed on ODAPC website. Initial Druq Test(Screening Druq Test) is the test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites. Initial Specimen Validity Test is the first test used to determine if the specimen is adulterated, diluted, substituted, or invalid. Invalid Druq Test is the result reported by the HHS-certified laboratory in accordance with the criteria established for a specific drug or specimen validity test. Medical Review Officer(MRO) means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his/her medical history, and any other relevant bio-medical information. Negative Dilute a drug test result which is negative for the five drug/drug metabolites but has a specific gravity value lower than expected for human urine. Negative Test means a verified presence of the identified drug or its metabolite below the minimum levels specified in 49 CFR Part 40, as amended.- Non-Negative Test result is a test result found to be adulterated, substituted, invalid, or positive for drug/drug metabolites. Page 6 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont All supervisory personnel or company officials who are in a position to determine employee fitness for duty will receive 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. Section 5 Prohibited Substances Prohibited substances addressed by this policy include the following.: Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of 1988 any drug or any substance identified in Schedule I through V of Section 202 of the Controlled Substance Act (21 W.S. C. 812), and as further defined by 21 CFR 1308.11 through 1308.15 is prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to: • marijuana • cocaine • phencyclidine (PCP) • opioids • amphetamines • alcohol As well as any drug not approved for medical use by the U.S. Drug Enforcement Administration,or the U.S. Food Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. It is important to note that the use of marijuana in any circumstances remains completely prohibited for any safety-sensitive employee subject to drug testing under USDOT regulations. The use of marijuana in any circumstance (including under state recreational and/or medical marijuana laws) by a safety-sensitive employee is a violation of this policy and a violation of the USDOT regulation 49 CFR Part 40, as amended. The Federal Transit Administration State DOT Regulated Testing regulations (49 CFR Part 655) require that all covered employees be tested for marijuana, cocaine, amphetamines, Opioid, and phencyclidine as described in this policy. Illegal use of these five drugs is prohibited at all times and thus, covered employees may be tested for these drugs anytime that they are on duty. 1. Legal Drugs:The appropriate use of legally prescribed drugs and non- prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to DER/DAPM.The employee is required to provide a written release from his/her doctor or pharmacist indicating that the employee can perform his/her safety-sensitive functions. Page 8 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont 2. Alcohol: The use of beverages containing alcohol (including any mouthwash, medication, food, candy) or any other substances containing alcohol in a manner which violates the conduct listed in this policy is prohibited. A random, reasonable suspicion, or follow-up alcohol test can only be performed on a covered employee under 49 CFR Part 655 just before, during, or just after the performance of safety-sensitive job functions. 3. Under Transit Management of Beaumont, the DER/Drug and Alcohol Program Manager (DAPM) or a trained supervisor authority, can perform a NON-DOT alcohol test any time a covered employee is on duty. Section 6 Prohibited Behavior 1. Illegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as amended is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty if they have used a prohibited drug as defined in 49 CFR Part 40, as amended. 2. Each covered employee is 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. The covered employee will subsequently be relieved of his/her on-call responsibilities. 3. Transit Management of Beaumont shall not permit any covered employee to perform or continue to perform safety-sensitive functions if it has actual knowledge that the employee is using alcohol. 4. Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater regardless of when the alcohol was consumed. Transit Management of Beaumont will not be responsible for compensation for lost wages. 5. No covered employee shall consume alcohol for eight(8) hours following involvement in an accident or until he/she submits to the post-accident drug/alcohol test, whichever occurs first. 6. No covered employee shall consume alcohol within four(4) hours prior to the performance of safety- sensitive job functions. 7.Transit Management of Beaumont under its own authority also prohibits the consumption of alcohol while an employee is on duty,or anytime the employee is in uniform. 8. Consistent with the Drug-free Workplace Act of 1988, all Transit Management of Beaumont employees are prohibited from engaging in the unlawful manufacture,distribution,dispensing, possession, or use of prohibited substances in the workplace including Transit Management of Beaumont premises,transit and/or agency vehicles,and while in uniform or while on personal business. Page 9 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont Any return-to-duty drug testing will be directly observed. All tests will be conducted in accordance with 49 CFR Part 40, Subpart 0. Failure to contact the TMB SAP within seven (7) days upon notification of a failed test will result in termination. Section 7 Circumstances for Testing Federal DOT regulated testing for drugs and alcohol will be conducted as required by 49 CFR Part 40. All covered employees shall be subject to testing prior to employment, for reasonable suspicion, following an accident, and random. Pre-Employment Testing Pre-employment alcohol/drug tests are conducted after making a contingent offer of employment or transfer. All pre-employment alcohol tests will be conducted using the procedures set forth in 49 CFR Part 40. An alcohol test result of less than 0.02 is required before an employee can first perform safety- sensitive functions. If a pre-employment alcohol test result returns as a positive or is cancelled, the job offer will be rescinded. A negative pre-employment drug test result is required before an employee is hired to perform safety-sensitive functions. If a pre-employment test is cancelled or is returned as positive the offer will be rescinded. If a covered employee who has not performed a safety-sensitive function for 90 or more consecutive calendar days, regardless of reason, and the employee has not been in the random testing pool during that time, the employee will be required to take a drug and alcohol test under 49 CFR Part 655 and must take and pass a pre-employment test before he or she can return to a safety-sensitive function. Transit Management of Beaumont will not be responsible for the cost of treatments, or follow-up tests. A covered employee or applicant who has previously failed or refused a DOT drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan as described in 655.62 of Subpart G of the Federal DOT Regulated Testing. 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 Page 10 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing 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. Post-Accident Testing Covered employees shall be subject to post-accident drug and alcohol testing under the following circumstances: Fatal Accidents As soon as practicable following an accident involving the loss of a human life, drug and alcohol tests will be conducted on each 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. 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: (1) 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. (2) One or more vehicles incurs 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. (3) The vehicle is a rail car, trolley car or bus, or vessel, and is removed from operation, unless the covered employee can be completely discounted as a contributing factor to the accident. Page 11 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont 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. 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. 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. There will be no discretion on the part of management /supervisors. 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. 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 Page 12 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont provide a negative return-to-duty drug test result and/or an alcohol test result of less than 0.02. Any return-to-duty drug testing will be directly observed. A covered employee may only be follow-up 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. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O. Refer to Section 12/ Consequences for Violations. Follow-up Testing Employees returning to safety-sensitive duty following leave for a DOT drug and/or alcohol violation 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. 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. Refer to Section 12/ Consequences for Violations. Section 8 Testing Procedures Testing shall be conducted, in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Service (DHHS). All FTA drug and alcohol testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. The procedures will be performed in a private, confidential manner and every effort will be made to protect the employee, the integrity of the testing procedure, and the validity of the test result. The drugs that will be tested for include marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine. The five drugs listed are the only drugs that may be tested for under FTA authority. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. The use of marijuana in any circumstance (including under state recreational and/or medical marijuana laws) by a safety-sensitive employee is a violation of this policy and a violation of the USDOT regulation 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT Custody and Control Form and identified using a unique identification number that attributes the specimen to the correct individual. The specimen analysis will be conducted at a DHHS certified laboratory. An initial drug screen and validity test will be conducted on the primary trine-specimen. For those specimens that are not Page 13 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont negative, a confirmatory test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the confirmatory test are at or above the minimum thresholds established in 49 CFR Part 40, as amended. Dilute Urine Specimen 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/di, but less than or equal to 5mg/dl. Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/di 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 promptly. The split sample must be conducted at a second DHHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee. The employee will ensure that the cost of the split specimen is covered in order for a timely analysis of the sample. Transit Management of Beaumont will not be responsible or be required to pay for the employee's cost of the Split Specimen test. If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled. Employees do not have access to a test of their split specimen following an invalid result. Observed collections are required in the following circumstances: • All return-to-duty tests. • All follow-up tests. Page 14 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont • Anytime the employee is directed to provide another specimen because the temperature on the original specimen was out of the accepted temperature range of 90*F- 100*F. • Anytime the employee is directed to provide another specimen because the original specimen appeared to have tampered with. • Anytime a collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen. • Anytime the employee is directed to provide another specimen because the laboratory reported to the MRO that the original specimen was invalid, and the MRO determined that there was not an adequate medical explanation for the result. • Anytime the employee is directed to provide another specimen because the MRO determined that the original specimen was positive, adulterated or substituted, but had to be cancelled because the test of the split specimen could not be performed. Section 9 Test Refusals As a covered employee, you have refused to test if you: (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by Transit Management of Beaumont. (2) Fail to remain at the testing site until the testing process is complete. A candidate who leaves the testing site before the testing process commences for a pre-employment test has not refused to test, but the candidate(s) will forfeit his/her employment offer. (3) Fail to attempt to provide a specimen for a drug or alcohol test. An employee who does not provide a testing specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test, but the candidate(s) will forfeit his/her employment offer. (4) In the case of a directly observed or monitored urine collection, fail to permit monitoring or observation of your provision of a specimen. (5) Fail to provide a sufficient specimen for a drug or alcohol test without a valid medical explanation. (6) Fail or decline to take a second drug test as directed by the collector or Transit Management of Beaumont. (7) Fail to undergo a medical evaluation as required by the MRO or Transit Management of Beaumont's Designated Employer Representative (DER). (8) Fail to cooperate with any part of the testing process. Page 15 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont (9) Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly observed urine drug test. (10) Possess or wear a prosthetic or other device used to tamper with the collection process. (11) Admit to the adulteration or substitution of a specimen to the collector or MRO. (12) MRO verified adulterated/substituted sample. (13) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). (14) 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 will be provided with contact information for a SAP's. Refer to Section 12/ Consequences for Violations. Section 10 Voluntary Self-Referral Any employee who has a drug and/or alcohol abuse problem and has not been notified of the requirement to submit to reasonable suspicion, random or post-accident testing or has not refused a drug or alcohol test may voluntarily refer her or himself to the DER/DAPM 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. Transit Management of Beaumont will not be responsible for lost wages, cost of substance abuse counselor evaluations, treatments, or follow-up tests. Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify the DER/DAPM of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action as defined in this policy. Page 16 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont Section 11 Prescription Drug Use The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to DER/ DAPM. Medical advice should be sought, as appropriate, while taking such medication and before performing safety-sensitive duties. If the employee tests positive for any of the semi-synthetic opioid drugs in Section 5 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 a "positive." If the employee tests positive for medications outlined in Section 5 of the policy and has not informed the DER/DAPM of the prescription, the employee will be subject to disciplinary action and up to termination. DOT's regulation requires an MRO to report medication use/medical information to a third part (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 a 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. Page 17 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont Section 12 Consequences for Violations Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty and provided with contact information for Substance Abuse Professionals (SAPs). Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties until the start of their next regularly scheduled duty period (but for not less than eight (8) hours) unless a retest results in the employee's alcohol concentration being less than 0.02. Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify the DER/DAPM of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action as defined in this policy. Transit Management of Beaumont will not be responsible for lost wages, cost of SAP evaluations, treatments, or follow-up tests. Treatment/Discipline Any employee who tests positive for drugs or alcohol (BAC at or above 0.04) or refuses to test will be immediately removed from his/her safety-sensitive duties and referred to a Substance Abuse Professional (SAP), per Transit Management of Beaumont policy,the employee will be suspended without pay. Transit Management of Beaumont will not be responsible for the employee's cost of drug and for 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. An employee who is allowed to return to a safety-sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must complete a SAP-required program of education and/or treatment and provide a negative return-to-duty drug test result and /or alcohol test result less than 0.02" (as it's up to the SAP whether the test will be for drugs, alcohol or both). Employees who are cleared to return to safety sensitive duties following successful completion of an alcohol/substance abuse program may be required to continue SAP evaluation. Employees who successfully complete the requirements of the SAP and are released to return Page 18 of 20 PTA Drug and Alcohol Policy—Management Transit of Beaumont to their safety-sensitive position will be subject to the return to duty and follow-up testing requirements outlined in Section 10 of this policy. Contact Person For questions about Transit Management of Beaumont's anti-drug and alcohol misuse program, or any other aspect of the substance abuse policy should be directed to the following individual(s): DER/Drug and Alcohol Program Manager Name: Minnie Gonzales Title: Chief Safety Office Address: 550 Milam St. Beaumont, Texas 77701 Telephone Number: (409) 835-7895 Medical Review Officer Name: Dr. Brian N. Heinen Address: 151 Leon Ave. Eunice, LA 70535 Telephone Number: (888) 382-2281 Substance Abuse Professional Name: Madeline Alford, LPC Address: 6885 Phelan Blvd Beaumont, Texas 77706 Telephone Number: (409) 861-1930 Drug &Alcohol Testing Collection Site: Name: Eastex Urgent Care Adress: 4310 Dowlen Rd. Suite 16 Beaumont, Texas 77706 Telephone Number: (409) 299-4448 Page 19 of 20 FTA Drug and Alcohol Policy—Management Transit of Beaumont Attachment A: Covered Positions Pursuant to 49 CFR Section 655.4 safety-sensitive employees are defined to as follow: "Safety-sensitive functions 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 non-revenue service vehicle, when required to be operated by the holder of a Commercial Driver's License. • Controlling dispatch or movement of a revenue service vehicle. • Maintaining (including repairs, overhauling, and rebuilding) a revenue service vehicle or equipment used in revenue service. • 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 Operators Trainees • CDL Holder Trainer • Class"A" Maintenance Personnel • Class "B" Maintenance Personnel • Service Personnel • Maintenance Manager • Dispatchers/Schedulers • Vehicle Operators covered due to leasing • Vehicle Operators covered due to outsourcing or transit services or leasing Page 20 of 20 8M7 . Acknowledgement of Transit Management of Beaumont ZIP Drug and Alcohol Testing Policy I acknowledge that I have received a copy of the anti-drug and alcohol misuse program policy mandated by the U.S. Department of Transportation(DOT), Federal Transit Administration (FTA)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 may be 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. (Print Name) (Signature) (Date)