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HomeMy WebLinkAboutWheelChair Dialysis ServiceCONTRACT FOR WHEELCHAIR DIALYSIS SERVICE BETWEEN THE CITY OF OSHKOSH Of I IKOf H O N THE WATER AND ALTERNATIVE TRANSPORT SOLUTIONS EFFECTIVE JANUARY 1, 2008 - DECEMBER 31,200 ,d ";fit is'� %t "�;; 30 STATE /FEDERAL REGULATIONS This agreement shall at all times be subjec Department of Transportation` an th'e Fed, provisions of the rban Mass Transportati B) re - II I Wisconsin ration, under the fended. (See Appendix inure to the benefit not only of ntatives, successors and iereto and and i ne Loontractor agrees to report a conviction of a crime by Oshkosh Transit for appropriate; follow -up. A ;fault of any provision of this isdue to strikes, walkouts, riots, e weather conditions, or for'any`other le Contractor. numerous c( sengers on aints about ly to G - APPENDIX A J TOY Ov 6II' !�' i 125 6. Refusing to' sign an employee acknowledgerrerit form or failure` to participate in 126 required drug /alcohol training before working in a sensitive- safety position after 127 January 1, 1996. 128 129 Any employee who violates any of these rules set forth is subject to discipline, up to and including 130 termination. 131 133 V1. REQUIRED TESTING SITUATIONS AND PROCEDURES . 134 135 All safety sensitive employees will be subject to testing after January . 1, 1996. All safety sensitive 136 employees are required to take drug or alcohol test when requested b a supervisor. These tests 137 may be conducted just before, during, and dust after performing a safety- sensitive function. Failure 138 to take a required drug or alcohol test will result in an employee's removal from that assignment(s) 139 and will result in immediate termination. 140 141 All time spent undergoing required alcohol or drug testing, including travel time shall be paid in 142 accordance with applicable provisions of a Collective Bargaining Agreement or the pay policy of 143 the City of Oshkosh. 144 145 Testing shall be conducted in the following situations: 146 147 A. Pre-Employment Testing - A prospective employee must take proscribed drug tests after 148 the offer of conditional employment and prior to beginning of work in a safety-sensitive 149 position. A positive test will result in the ,individual's disqualification from the safety - 150 sensitive position and withdrawal of the conditional employment offer. The individual will 151 be ineligible to 'reappply for the same safety - sensitive position for a period of one -gear 152 following the test. Existing employees who transfer from a non safety - sensitive position 153 to a safety - sensitive position will be subject to the same procedures as the prospective 154 employment except a positive test will automatically result in disqualification for a period 155 of one year from the safety sensitive, position. A positive test may also result in additional 156 discipline action against the empployee up to and including dismissal. Employees and 157 prospective employees will be able to request that the split test be performed under the 158 uidelines specified in Section VII /Part C of this. policy 'statement. FTA Regulations 159 (effective May 10, 1995) no longer require pre - employment alcohol testing. 160 161 B. Reasonable Suspicion Testing - A safety - sensitive employee can be subjected to 162 reasonable suspicion testing if a supervisor believes there is reasonable cause,to suspect 163 drug or alcohol impairment: 164 165 1. There is reason to suspect impairment based upon documentable objective facts 166 and circumstances. These circumstances include but are not limited to: em, loyee 167 appearance, employees manner of acting or reacting, employee behavior, indication 168 of controlled substance withdrawal, speech, breath, odor, indication of chronic 169 effects of controlled substances. The supervisor may "act if he /she believes the 170 employee is under the influence of controlled substance prior, during or after the 171 performance of a safety- sensitive function. 172 173 2. This behavior or impairment is observed to prior,' during or after the performance of 174 safety- sensitive functions: 175 176 If the supervisor believes that reasonable suspicion testing is warranted, the following 177 steps should be followed: 178 179 a) The employee should be removed from the safety- sensitive function 180 immediately. 181 182 b) , The supervisor should escort the employee to the drug /alcohol testing site. 183 The alcohol test shall take place no later than (8) hours and the drug test no 184 later than (24) hours after the reasonable suspicion is determined. , the 185 alcohol test shall take place more than (2) hours but less than (8) hous after 186 the reasonable suspicion is determined, the supervisor will be required to 187 complete a report explaining the reason for the delay. 188 3 6 376 Substance Abuse 'Professional (SAP). A referral to the SAP will take place' 377 regardless of disciplinary action brought against the employee. 378 379 4. The Substance Abuse Professional will developp the appropriate treatment program. 3 380 The employee will be required to fully follow the designated treatment program. 381 382 5. The Substance Abuse Professional will determine when the employee is ready to 383 return to work. They will forward that written authorization to the Medical Review 384 Officer and the Oshkosh Transit Drug /Alcohol Coordinator. 385 , 386 6. The employee will able to return to work after receipt b the employer and Medical 387 Review Officer of a negative drug and alcohol test result in their return to work tests. 388 They will be subject to a minimum of six random follow -up drug and alcohol tests 389 in the next twelve months. 390 391 D. GUIDELINES FOR PRESCRIPTION AND NON PRESCRIPTION_,DRUGS 392 393 It is required to` notify the Personnel Department or a supervisor if an employee is taking any 394 legally prescribed medication, therapeutic drug or non prescription tion drug that contains any 395 measurable amount of alcohol or, carries a warning label that indicates the employees mental 396 functioning, motor skills or judgement may be adversely affected by the use of this medication. 397 Federal regulations stipulate that an employee is not permitted to use or possess medication 398 containing alcohol while in performance of a safety - sensitive duty. A positive alcohol test as a 399 result of legally prescribed medication will be treated as any other valid positive test results for 400 alcohol. 401 402 403 Vill. EFFECTS OF ALCOHOL MISUSE 404 405 Alcoholism and drug dependency are treatable illnesses thafcan'be successfully dealt with if 406 identified in the early stages and referred to an appropriate source for treatment. Indications of 407 alcohol and drug abuse include extreme changes in personality, problems with employer or other 408 employees, interrupted or changing sleep patterns, problems with attendance and lateness, 409 concealment of social habits involving drugs and alcohol, and family problems. Continued alcohol 410 and drug dependency can lead to a deterioration of health. 411 412 The Oshkosh Transit System encourages employees to seek treatment voluntarily and supports 413 employees who volunteer for treatment of alcohol or drug abuse. If you feel you have an alcohol 414 or drug dependency, we encourage you to speak with your immediate supervisor for information 415 about the Employee Assistance Program (EAP) that is available to you. Confidentiality of 416 information will be maintained at all times. The Oshkosh Transit, System and the City of Oshkosh 417 will assist the employee with sick leave, vacation time, or`leave without pay during treatment and 418 rehabilitation, and insurance coverage will be provided to the extent of individual coverage. 419 420 While the `Oshkosh Transit System is' willing to 'assist employees with alcohol or chemical 421 dependency problems, safety is our first priority. Employees must adhere to the attached Drug 422 and Alcohol Policy regardless of participation in a treatment program and are expected to observe 423 all other job performance standards and work rules. 424 425 426 IX. ALCOHOL TESTING PROCEDURES 427` 428 A. OVERVIEW . 429 430 The City of Oshkosh . has ,entered into an alcohol and_ drugg testing agreement with the 431 Occupational 'Health at Mercy Oakwood /Mercy Medical Center (hereafter known as OHS 432 and MMC). Dru` testing will normally be conducted through the use of Evidential Breath Tests 433 (EBT) to determine the presence of alcohol. 434 7 A 498 5. Leaving the scene of an accident without a valid reason before the tests have been 499 conducted; or Soo 6. Failure,to sign required testing forms for urine collection. 501 502 503 504 XI. CONFIDENTIALITY OF RECORDS 505 506 The Oshkosh Transit System respects the privacy rights of all of its employees. It understands 507 that the nature of these tests requires respect for the employees' rights for confidentiality. Test 508 results will be communicated to the employee, their supervisor, and the drug and alcohol program 509 manager. Oshkosh Transit will not reveal these records or the identity of any employees partici- 510 pating in related treatment -programs unless one of the following circumstances arise: 511 512 1. The employee directs release of records /information to a third party in writing 513 (exceptions: Medical Review Office, Substance Abuse Professional, and /or Program 514 onager). 515 516 2. Oshkosh Transit may, disclose information related to a test result to the decision 517 maker, in a lawsuit, grievance, on behalf of the employee tested. 518 519 3. Upon written request, Oshkosh Transit will provide any employee with their records 520 relating to his /her test. 521 522 4. Oshkosh Transit must release information to the National Transportation Safety 523 Board (NTSB) about any post accident test performed for an accident that is under 524 NTSB investigation. 525 526 5. Oshkosh Transit will make available copies of all results` of employee testing 527 programs, and any other records pertaining to testing programs when requested by 528 the US Department of Transportation (DOT) or any other records pertaining to 529 testing programs when requested by [SOT or any DOT agency with regulatory ' 530 authority over Oshkosh Transit or any of its employees. It will also reply tc similar 531 requests with Wisconsin agencies that have authorized oversight responsibilities. 532 533 534 These exceptions to employee confidentiality are required ' by Federal Transit Administration,` 535 guidelines. 536 537 ` 538 XII. TRAINING 539 540 All employees will be subject to a minimum of sixty minutes of training. It will focus upon the 541 effects and indicators.of drug use. Training will be primarily by the use of audio - visual materials 542 that are incompliance with Federal Transit Administration guidelines. New employees will receive 543 this training prior to performance of safety sensitive duties. All employees will also be required to 544 read this ocument and verify that they have read and understand this policy and agree to fully 545 comply with it with the Drug and Alcohol Verification Form. 546 547 All supervisors will receive a minimum of 120 minutes` of training in addition to the training 548 indicated above. Sixty minutes of the training will be with respect to the alcohol program and sixty 549 minutes will be for the drug program. 550 551 552 553 s � - „ 554 555 APPENDIX A 557 558 SAFETY SENSITIVE POSITIONS 559 COVERED UNDER FTA 560 DRUG AND ALCOHOL REGULATIONS 561 562 5 63 I. OSHKOSH TRANSIT EMPLOYEES 564 565 A. DRIVERS (FULL - TIME) e” 566 567 B. DRIVERS (PART - TIME) 568 569 C. MECHANICS -570 A, 571 D. SERVICE TECHNICIAN' , 572 573 E. MECHANIC %OPERATORS 574 _ ,.. . . 575 F. ADMINISTRATIVE SECRETARY 576 ' 577 G. MAINTENANCE SUPERVISOR 579 H. TRANSIT COORDINATOR 580 581 L TRANSPORTATION SUPERVISOR" 582 5 83 J. TRANS PORTATION DIRECTOR 584 585 K. OFFICE CLERK (PART - TIME) 586 587 11. NON OSHKOSH TRANSIT EMPLOYEES 588 589 A. ALL OSHKOSH CAB COMPANY EMPLOYEES WHO EVER OPERATE A CAB OR 590 VAN, PERFORM REPAIRS OR DISPATCH: 591 592 �1 DIAL -A- RIDE . 593 2 CABULANCE 594 3 RURAL OVER 60 595 4 RURAL UNDER 60 596 ; . , 5 ADVOCAP . 597 „ 6 ANY FUTURE FEDERALLY FUNDED OSHKOSH TRANSIT 598 599 B. BUS DRIVER(S) FOR ZION ELDERCARE 600 601 C. DISPATCHERS FOR ZION ELDERCARE 602 603 D. KOBUSSEN BUSES, DRIVERS, MECHANICS AND DISPATCHERS 604 605 E. LAKESIDE PACKAGING PLUS, IN C DRIVERS, MECHANICS AND 606 DISPATCHERS. 607 . . 608 F. FUTURE EMPLOYEES OR VOLUNTEERS WHO PERFORM A SAFETY 609 SENSITIVE' FUNCTION AS DEFINED BY FTA UNDER CONTRACT TO 610 OSHKOSH TRANSIT. 611 612 613 614 615 616 617 rII,, .� 10 618 619 APPENDIX B 620 621 622 POLICIES CONCERNING EMPLOYEES WITH BUSINESSES THAT CONTRACT WITH 623 OSHKOSH TRANSIT 624 625 Federal Transit Administration guidelines require that all companies that contract with Oshkosh 626 Transit have all persons who perform safety- sensitive functions undergo drug and alcohol testing 627 procedures outlined in the policy manual. 628 629 The Contractor will be required to be included with Oshkosh Transit in their drug and alcohol 630 testing program. This program will include all employees of Oshkosh Transit and all safety- 631 sensitive employees of companies that provided contracted transit and paratransit services for 632 Oshkosh Transit. Safety- sensitive employees include all employees who drive, repair or dispatch 6.33 transit and /or'paratransit vehicles. The Federal Transit Administration mandated drug and alcohol 634 testing program will be effective January 1, 1996 for Oshkosh Transit. 635` 636 Oshkosh Transit will provide all training associated with this program. A new employee or an 637 employee who becomes involved in a safety- sensitive function after January 1, 1996 will be 638 required to take a pre- employment drug test and undergo Oshkosh Transit drug and alcohol 639 training before beginning their safety - sensitive duties. Oshkosh Transit will communicate the time 640 and date that safety- sensitive employees are required to take drug and alcohol tests. All 641 individuals who are instructed to take a drug test must do so at the time, date and location indicat- 642 ed. Oshkosh Transit will pay the cost of: drug and alcohol training, pre - employment tests, 643 suspicion testing, post-accident testing and random testing. The cost of split drug tests will be in 644 accordance with the written policy of Oshkosh Transit. 645 646 `Safet sensitive personnel of the Contractor who test positive for either drugs or alcohol, when 647 that positive ,test is verified by the Medical Review Officer will be removed from their safety 648 sensitive position. They will be prohibited from working in any safety-sensitive aratransit position 649 that contracts with Oshkosh Transit. The Contractor will be required to provide Oshkosh Transit 650 °a Fist of all new safety- sensitive and non safety - sensitive employees on a quarterly basis. A list 651 of all employees will be provided on an annual basis. The initial list needs to be submitted to 652 Oshkosh Transit no Later than October 28, 1995. It will include the employee's name, position, 653 social security number, and indicate if that is 'a safety - sensitive employee. Subsequent lists will 654 be updated monthly for the term of the contract. The Contractor will also promptly' rovide upon 655 request any additional employee information necessary for Oshkosh Transit to administer this 656 program. 658 The Contractor agrees to abide by the conditions and guidelines spelled out in the Oshkosh 659 Transit System Drug and Alcohol Policy. If the Contractor wishes to have drug and alcohol policies 660 different from Oshkosh Transit, it must submit these policies in writing to Oshkosh Transit for 661 approval. Oshkosh Transit reserves the right to accept or reject any changes to the existing drug 662 and alcohol policy. Contractor's can set up their own drug and alcohol program. 'Contractors must 663 submit a letter no later than December 15 of each year certifying that they have set up a program 664 which complies with FTA regulations for the following calendar year. Oshkosh Transit will not pay 665 the Contractor any of its costs if it opts for a separate program. 666 667 668 669 670 671 672 . 673 674 675 676 677 � '' . x - a APPENDIX B 18. Incorporation of Federal Transit Administration (FTA) Terms All contractual provisions required by the USDOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996 or any subsequent amendments, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be_ deemed to control in the event of a conflict with other provisions contained in his Agreement. The Recipient shall not perform any act, fail to perform' any act, or refuse to comply with anyWisDOT'requests that would cause WisDOT to be in violation of the FTA terms and conditions. 19. Drug'`and Alcohol Testing The Recipient agrees to comply with the follow Federal substance abuse regulations ` " a. Drug -Free Workplace. U.S. DOT regulations, "Drug -Free Workplace Requirements (Grants)," 49 C.F.R. Part 29, Subpart F, as modified by 41 U.S.C. §§ 702 et seq. b. Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655, to the extent applicable. 20. Intelligent Transportation System Prog am The Recipient agrees that it will comply with all requirements of Section VII of FTA „ Notice, "FTA National ITS Architecture Policy,on Transit Projects, "66 Fed. Reg.. 1459, January 8 2001, in the course of implementing an ITS project. The applicant further agrees that it will comply, and require its third party contractors and subrecipients to comply, with all applicable requirements imposed by Section V (Regional ITS Architecture) and Section VI (Project Implementation) of that Notice. 21. Access Reuirements for Persons with Disabilities