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HomeMy WebLinkAbout10-159MAY 11, 2010 10 -159 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE UPDATED OSHKOSH TRANSIT SYSTEM DRUG AND ALCOHOL POLICY INITIATED BY: TRANSPORTATION DEPARTMENT WHEREAS, the Federal Transit Administration (FTA) requires grantees to have a drug and alcohol testing program in place for all safety- sensitive employees; and WHEREAS, the Oshkosh Transit System has developed a drug and alcohol program meeting Federal Transit Administrative guidelines; and WHEREAS, the Oshkosh Transit System receives FTA capital and operating assistance; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh to approve the attached Drug and Alcohol Policy for the Oshkosh Transit System. City of Oshkosh Oshkosh Transit System Drug and Alcohol Testing Policy Effective: May 08, 2001 Revised: May 6, 2010 Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6/2010) 1.0 Policy The Oshkosh Transit System (OTS) is dedicated to providing safe, dependable and economical transportation services to our transit system passengers. It is our goal to provide a healthy, satisfying working environment which promotes personal opportunities for growth for employees of the Oshkosh Transit System. In order to achieve this, it is our policy to: 1. Assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; 2. Create a workplace environment that is free from the adverse effects of drug and alcohol substance abuse or misuse; 3. Prohibit the unlawful manufacture, distribution, dispensing, possession or use of controlled substances; and 4. Encourage employees to seek professional assistance any time personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. 2.0 Purpose The purpose of this policy is to assure worker fitness for duty and to protect our employees, passengers and the public from risks posed by the misuse of alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable State and Federal laws and regulations governing workplace anti -drug and alcohol programs in the transit industry. The Federal Transit Administration (FTA) of the U.S. Department of Transportation (DOT) has enacted 49 CFR Part 655, as amended, that mandates urine drug testing and breath alcohol testing for safety- sensitive positions and prohibits performance of safety - sensitive functions when there is a positive test result. The DOT has also enacted 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. All testing procedures shall be completed in accordance with 49 CFR Part 40. In addition, the Federal government has enacted 49 CFR Part 29, "The Drug Free Workplace Act of 1988 ", requiring the establishment of drug -free workplace policies and the reporting of certain drug related offenses to the FTA. This policy incorporates those requirements for Oshkosh Transit System employees. 3.0 Applicability This policy applies to all OTS employees, paid part-time employees and volunteers (only if operating a vehicle designed to transport sixteen or more passengers, including the driver). This policy shall also apply to transit system contractors when performing any transit related business which involve safety- sensitive functions under contract to the City of Oshkosh. This policy applies to off -site lunch periods or breaks when an employee is scheduled to return to work. City of Oshkosh Department of Transportation Page I Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6/2010) Visitors, vendors and contractor employees are governed by this policy while on transit premises and will not be permitted to conduct business if found to be in violation of this policy. Employees who perform safety - sensitive functions will be subject to testing as a condition of employment in accordance with CFR 40 Part 655. A safety - sensitive function in any duty related to the safe operation of mass transit service including the operation (whether or not vehicle is in revenue service), dispatch and/or maintenance of a revenue service vehicle. Any other employee who is required, as a condition of their employment, to hold a commercial driver's license (CDL), is also subject to testing as a condition of employment. A list of safety- sensitive positions and employees required to hold a CDL are contained in Appendix A. 4.0 Prohibited Substances "Prohibited substances" addresses by this policy include the following: 4.1 Illegally Used Controlled Substances or Drugs Any Illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812) and as further defined by 21 CFR 1300.11 through 1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. 4.2 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 on a "City of Oshkosh - Oshkosh Transit System Report on Use of Prescription Drugs ", with a physician's statement releasing the employee to perform their job duties, any time they obtain a performance- altering prescription. This form is included as Appendix B of this policy. A legally prescribed drug means that the individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient's name, the name of the substance, quantity /amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing OTS business is prohibited. 4.3 Alcohol The use of beverages containing alcohol or substances including any medication, mouthwash, food, candy, or any other substance such that alcohol is present in the body while performing transit business is prohibited. The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath testing device. City of Oshkosh Department of Transportation Page 2 Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6/2010) The proper use of mouthwash will not cause a positive confirmation test. Employees using mouthwash, cough drops, or any other medication containing alcohol, should not ingest any of these products within four (4) hours of reporting for duty or while on call. Any employee who uses or possesses medication containing alcohol while on duty or who tests positive for alcohol will be removed from his/her position, and subject to the provisions of this policy, even though the reason for the positive alcohol test is the fact that the employee's prescription medication contains alcohol. In the event that an employee is required to use an alcohol -based prescription drug and an alternative is not available, the employee shall present information to his/her supervisor. The supervisor will notify the Human Resource Director for review of the information and determine if it is necessary to make an accommodation in this circumstance. 5.0 Prohibited Conduct 5.1 Manufacture, Trafficking, Possession and Use OTS employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of prohibited substances on OTS premises, in transit vehicles, in uniform or while on transit system business. Employees who violate this provision will be subject to disciplinary action up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. 5.2 Intoxicated/ Under the Influence Any employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. Employees found to be under the influence of prohibited substances or who fail to pass a drug or alcohol test shall be immediately removed from duty and subject to disciplinary action up to and including termination. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in CFR 49 Part 40. If necessary, the appropriate law enforcement agency will be notified to safeguard the employee's well being. 5.3 Alcohol Use No covered employee should report for duty or remain on duty when his /her ability to perform functions is adversely affected by alcohol or when his/her blood alcohol concentration is 0.02 or greater. No employee shall use alcohol while on duty or while performing safety- sensitive functions. No employee shall have used alcohol within four (4) hours of reporting for duty, or during the hours that they are on call. Violation of these provisions is prohibited and punishable by disciplinary action up to and including termination. If the State of Wisconsin has a standard which is stricter than the Federal standard reflected above, then the State standard shall apply. City of Oshkosh Department of Transportation Page 3 Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6/2010) 5.4 Compliance with Testing Requirements All covered employees will be subject to urine drug testing and breath alcohol testing. Any employee who refuses to comply with a request for testing, who provides false information in connection with a test or who attempts to falsify test results through tampering, contamination, adulteration or substitution shall be removed from duty immediately and subject to disciplinary action up to and including termination. The following circumstances or behaviors are considered refusals to test for the purposes of this OTS Drug and Alcohol Policy: • Failure to appear at any test (except a pre - employment test) at the collection site within a reasonable time, as defined by the employer • Failure to remain at the testing site/building until the testing process is completed, except in pre - employment testing situations where leaving the site before the testing process begins (before receiving the specimen collection cup) is not deemed to be a test refusal. • Failure to provide breath or urine sample as required by DOT 49 CFR Part 40 • Failure to permit an observed or monitored collection when required • Failure to provide a sufficient amount of urine or breath specimen without a valid medical explanation • Failure or refusal to take a second test as directed by the employer or collector • Failure to undergo a medical examination or evaluation as directed by the Medical Review Officer (MRO) as part of the verification process, or as directed by the Designated Employer Representative (DER) under 49 CFR 40.193 or 40.261(a)(5). In the case of a pre- employment test, the individual is deemed to have refused to test only if the pre - employment test is conducted following a contingent offer of employment. • Failing to cooperate with any part of the testing process • Leaving the scene of an accident without just cause prior to submitting to a test • The MRO reports a verified adulterated or substituted test result • Failure or refusal to sign step 2 of the Alcohol Testing Form (ATF) • Possessing and /or wearing a prosthetic device or other device that could be used to conceal /carry substances and/or items that could be used to interfere with the collection process • Tampering, adulterating or substituting specimen City of Oshkosh Department of Transportation Page 4 Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6/2010) • Failure to comply with an observer's direct instructions to raise and lower clothing and turn completely around, during a directly - observed collection • Admission of adulterating or substituting a urine or breath specimen to the collector or MRO The refusal to take an OTS test described in this policy is considered to be a refusal to take a DOT test. Employees having observed collections must be instructed to raise clothing, just above the navel, lower clothing to mid - thigh; then turn around to show the same gender observers they do not have prosthetic devices that could be used to interfere with the testing process. If no device is detected, the employee is permitted to return clothing to its proper observed collection position. 5.5 Treatment Requirements All employees are encouraged to make use of the available resources for treatment for alcohol misuse and substance abuse problems. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with treatment requirements, including the requirements for after care or return to duty, shall be subject to disciplinary action up to and including termination. 5.6 Notifying the Oshkosh Transit System of Criminal Drug Conviction Any employee who fails to immediately notify the transit system of any criminal drug statute conviction shall be subject to disciplinary action up to and including termination. 5.7 Proper Application of the Policy OTS is dedicated to assuring fair and equitable applications of this policy. Therefore, supervisors and managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor /manager who knowingly disregards the requirements of this policy, or is found to deliberately misuse this policy in regard to subordinates, shall be subject to disciplinary action up to and including termination. 6.0 Testing for Prohibited Substances OTS affirms the need to protect individual dignity, privacy and confidentiality throughout the testing process. 6.1 Overview of Testing Procedures Analytical urine drug testing and breath testing for alcohol may be conducted as required by Federal regulations. Safety- sensitive employees shall be subject to testing any time while on duty. Safety- sensitive employees shall be subject to testing prior to employment, for reasonable suspicion, and following an accident as defined in Sections 6.2.1 through 6.2.3 of this policy. In addition, employees will be tested prior to and after returning to duty after failing a drug and /or alcohol test and after completion of the Substance Abuse Professional's recommended treatment City of Oshkosh Department of Transportation Page 5 Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6 /2010) program. Those employees shall be subject to follow -up testing on a random, unannounced basis. Follow -up testing will be conducted for a period of one to five years, with at least six tests performed during the first year. The testing is performed in accordance with CFR 49 part 40. Those employees shall also be subject to testing on a random, unannounced basis. Testing shall be conducted in 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 Services (DHHS). All testing will be conducted consistent with the procedures put forth in 49 CFR Part 40. Procedures are in place to protect the employee and the integrity of the drug testing process, safeguard the validity of the test results and ensure the test results are attributed to the correct employee. These include the split specimen collection method, USDOT chain of custody and control form with unique identification number, initial screen and second specific confirmation procedure. 6.1.1 Drug Testing Blind performance testing shall be used to check quality control and quality assurance as per FTA drug testing regulation (49 CFR Part 40.103). The Blind Performance test specimens may either be blank and /or spiked with only the drugs that this program tests for. This does not however mean that it is prohibited to spike the blind samples with other (potentially interfering) compounds, as technically appropriate, in order to verify the specificity of a particular assay. These specimens are to be sent to the laboratory in such a way that the laboratory does not know they are quality control specimens rather than actual employee specimens. All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. All urine samples shall be tested for chemical adulteration, include marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP). An initial drug screen will be conducted on each specimen. For those specimens that are not negative, a confirmatory Gas Chromatography /Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if amounts present are above the minimum thresholds established in 49 CFR Part 40. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such and may result in disciplinary action. No records of unconfirmed positive tests shall be released or retained by the laboratory. In addition to testing if a specimen is adulterated, the laboratory may conduct analysis to determine if a urine specimen has been diluted. As allowed under 49 CFR Part 40, OTS requires its employees to take a second test with no advance notice (not directly observed, unless there is another reason for it) if the MRO reports a "negative- dilute" test result. The result of the second test, not that of the original test, becomes the test of record. If the employee declines to take another test, this is considered a refusal to test and is equivalent to a positive test. However, if the second test is also negative and dilute, OTS must accept the second test result and is not permitted to make the employee take a third test. Testing shall be conducted in a manner to ensure that an employee's legal drug use does not affect the test results. City of Oshkosh Department of Transportation Page 6 Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6/2010) Drug testing laboratory results will be reviewed by a qualified Medical Review Officer (MRO) to verify and validate results. The MRO will interpret and evaluate an individual's test result together with his/her medical history and any other relevant biomedical information. All confirmed positive and negative test results will be reported by the laboratory directly to the Medical Review Officer (MRO) prior to any results being released to the City of Oshkosh. The MRO will be a licensed physician with knowledge of substance abuse disorders who has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. The MRO will review and consider possible alternative medical explanations for the positive test result as well as the chain of custody to ensure that it is complete and sufficient on its face. The designated MRO is listed in Section 13.0 of this policy. In accordance with 49 CFR Part 40, prior to making a final decision to verify a positive test result for an individual, the MRO will give the individual an opportunity to discuss the test result. If the MRO determines, after the appropriate review, that there is a legitimate medical explanation for the confirmed positive test result other than the unauthorized use of a prohibited drug, the MRO will report the test as negative. If the MRO determines, after appropriate review, that there is no legitimate medical explanation for the confirmed positive test result other than the unauthorized use of a prohibited drug, the MRO shall refer the individual tested to the City of Oshkosh for further proceedings in accordance with this policy, report the test as positive, and provide the name of drug(s) detected. If the MRO determines, based upon his review of the laboratory inspection reports, quality assurance and quality control data, and other drug test results, that a particular drug test result is scientifically insufficient for further action, the MRO will conclude that the test is canceled. If the MRO determines that a specimen is unsuitable for testing, the MRO will cancel the test and may inform the City of Oshkosh that another specimen should be collected under direct observation. If the MRO receives a laboratory report identifying the specimen as adulterated, the MRO will report the test as adulterated and inform the City of Oshkosh that the employee has refused to test. 6.1.2 Alcohol Testing Test for alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)- approved evidential breath testing (EBT) device operated by a trained breath alcohol technician (BAT). If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be administered to confirm the results of the initial test. Any covered employee who has a confirmed alcohol concentration greater than 0.02 but less than 0.04, as per Title 49 CFR Part 655.35(a), will result in removal from his /her position for eight (8) hours unless a retest results in a concentration measure of less than 0.02. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy and a violation of the requirements set forth in 49 CFR Part 655 for safety- sensitive employees which is punishable by disciplinary action up to and including termination. Alcohol testing may be performed before, during and after safety - sensitive functions. City of Oshkosh Department of Transportation Page 7 Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6/2010) 6.1.3 Test Results Upon notice that a covered employee has a verified positive drug test result, or has engaged in alcohol - related conduct prohibited by this policy, or upon notice that an employee has refused to submit to a required test, the employee will immediately be required to cease performing his/her safety sensitive function (Title 49 CFR Parts 655.61), be informed of education and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment as set forth in Title 49 CFR Part 655.62. A positive drug and /or alcohol test will also result in disciplinary action up to and including termination. Test results from drug and alcohol testing shall be treated with the same confidentiality as other employee medical records. The test results and any related treatment shall not be reported except to those who need to know as necessary for rehabilitation purposes, to a decision maker in connection with a grievance, lawsuit or other proceeding, or as required by applicable law. Any employee who questions the results of a drug test required by this policy may request that an additional test be conducted. This test must be conducted at a different DHHS - certified laboratory. The test must be conducted on a split sample that was provided at the same time as the original sample. All costs for such testing are paid by the employee unless the second test invalidates the original test. The method of collecting, storing and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40. The employee's request for a retest must be made to the Medical Review Officer (MRO) within 72 hours (including weekends and holidays) of notice, which may be made orally, of the initial test result. Requests after 72 hours will only be accepted if the delay was due to documentable facts that were beyond the control of the employee. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT, the employer, and the employee. 6.2 Types of Testing 6.2.1 Pre - Employment Testing All applicants for a safety- sensitive position shall undergo urine testing immediately following the offer of employment or transfer into an OTS position. Receipt by the City of a negative test result is required prior to employment. Applicants for safety sensitive positions will be required to submit to an unannounced breath alcohol test prior to being placed in revenue service (if an operator) or performing regular duties (if in non - operator positions). Failure of a pre- employment drug test will disqualify an applicant for employment for a period of twelve (12) months. Evidence of the absence of drug or alcohol dependency from a Substance Abuse Professional (SAP) and negative pre - employment drug and alcohol tests will be required prior to further consideration for employment. If an employee has not performed any safety - sensitive functions for at least 90 consecutive calendar days regardless of the reason, and the employee has been out of the random selection pool during that time, the employee must submit to a pre - employment drug test and have a City of Oshkosh Department of Transportation Page 8 Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6/2010) verified negative result returned to OTS before he or she is allowed to return to performing safety- sensitive duties. Pre - employment background checks for prior positions that required DOT drug and alcohol testing will be required for the applicant's previous two (2) years of employment along with a history of testing results and refusals. Applicant must sign a records request form, requesting these results from previous employer. Failure to do so will be grounds to deny employment. 6.2.2 Reasonable Suspicion Testing All employees may be subject to when there is reason to believe that an employee is under the influence of drugs and/or alcohol just before, during or just after safety- sensitive duties as described in this policy. Reasonable suspicion referrals must be made by a supervisor(s), or other company official(s) who is trained to detect the signs and symptoms of drug and alcohol use and who reasonably concludes that an employee may be adversely affected or impaired in his /her work performance due to possible prohibited substance abuse or alcohol misuse. A supervisor's, or other company official's determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. A reasonable suspicion alcohol test will only be required if the reasonable suspicion observations are made just before, during or just after the period of the work day that the covered employee is required to be in compliance with this policy. A supervisor or other company official will therefore only direct a covered employee to undergo reasonable suspicion alcohol testing while the employee is performing safety - sensitive functions, is just about to perform safety sensitive functions, or has just ceased performing safety - sensitive functions. Once the employee has been removed from duty, the supervisor will take the employee to the testing site for drug and/or alcohol testing immediately. If an alcohol test comes back positive, the employee will not be permitted to drive his/her own vehicle home at that time. The employee must make alternative arrangements to get home from the testing site. Refusal to follow this procedure will require local law enforcement authorities to be notified. The employee will be advised not to report for work as the employee will be placed on administrative leave without pay. The employee will be contacted once the test results are known and a decision has been made as to the employee's status. A report outlining, in detail, the event and or behavior observed by the supervisor must be made to the Personnel department within 24 hours of the testing. 6.2.3 Post Accident Testing Post - accident testing will be conducted in the following cases. • Fatal Accident. Employees will be required to undergo urine and breath testing if they are involved in an accident with a transit system vehicle (regardless of whether or not the vehicle is in revenue service) that results in a fatality. This includes all safety- sensitive City of Oshkosh Department of Transportation Page 9 Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6/2010) employees that are on duty in the vehicles and any other whose performance could have contributed to the accident. • Non Fatal Accidents. A post- accident test will be conducted if an accident results in injuries requiring transportation to a medical treatment facility. In non -fatal accidents, a post- accident test does not need to be conducted if it is determined, using the best information available at the time of the decision, that the covered employee's performance can be completely discounted as a contributing factor to the accident. • Disabled Vehicle. A drug and alcohol test will be given whenever one or more vehicles incurs disabling damage that requires towing from the accident site, whether it is a City - owned vehicle or vehicle of another party involved with an OTS vehicle. Following an accident, the employee will be tested as soon as possible, but not to exceed eight (8) hours of the accident for alcohol testing and 32 hours of the accident for substance testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or 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. Any employee involved in an accident must refrain from alcohol use for (8) hours following the accident or until he /she undergoes a post- accident alcohol test, whichever occurs first. Any employee who leaves the scene of the accident without authorization from an OTS supervisor prior to submission to drug and alcohol testing will be considered to have refused the test and their employment will be considered terminated. Employees tested and under this provision will include not only the operations personnel, but any other covered employees whose performance could have contributed to the accident. 6.2.4 Random Testing OTS employees in safety- sensitive positions will be subjected to random, unannounced testing. The selection method for random alcohol testing shall be made using a scientifically valid method, such as a random number table or a computer based random number generator. There is no discretion on the part of management or operations in the selection and notification of individuals for testing. The testing goal is to annually complete tests at current mandated rates. The dates for administering unannounced testing of randomly selected covered employees will be spread reasonably throughout the calendar year. A picture ID or driver's license will be needed for proof of identification. 6.2.5 Return to Duty/ Follow -up Testing All employees who previously tested positive on a drug or alcohol test must test negative (below 0.02 for alcohol) and be evaluated by the Substance Abuse Professional and deemed eligible to return to work by the Medical Review Officer before the Employer makes a decision about whether the employee may return to work. Employees will be required to undergo frequent unannounced random urine and/or breath testing following their return to duty. The Substance Abuse Professional and OTS management will determine the length of time follow -up testing will be required and may be for a period of one to five years. City of Oshkosh Department of Transportation Page 10 Oshkosh Transit S Drug and Alcohol Testing Policy (Revised 5/6/2010) 6.2.6 Direct Observation Testing All employees who have had a positive drug and or alcohol test must have Direct Observation (DO) tests. For direct observation (DO) testing, employees will be required to raise clothing above the navel, lower clothing to mid - thigh, and turn around to show the same gender observer they do not have any prosthetic devices for beating test. If no device is detected, the employee is permitted to return clothing to proper observed collection position. Then the observed collection will take place. 6.2.7 Dilute Negative Test An applicant taking a pre - employment test or an employee producing a dilute negative sample in a random, post- accident and/or reasonable suspicion test will be directed to take another test immediately upon the employer's notification by the MRO. The results of the second test will become the test of record. 7.0 Employment Assessment Any employee who tests positive for the presence of illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40 will be referred for an evaluation by a Substance Abuse Professional (SAP). A SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor (certified by NAADAC or the ICRC) with knowledge of and clinical experience in the diagnosis and treatment of drug- and alcohol - related disorders. The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited substance abuse or misuse. Assessment by an SAP does not shield an employee from disciplinary action or guarantee employment or reinstatement with the City of Oshkosh Transit System. The City's policies and the Labor agreement should be consulted to determine the penalty for performance based infractions and violations of policy provisions. If an employee is allowed to return to duty, he /she must properly follow the rehabilitation program prescribed by the SAP. The SAP's plan must include a minimum of six (6) Direct Observation (DO) follow -up tests within the first twelve (12) months back in safety- sensitive duties. The employee must pass return -to -duty drug and alcohol tests, and be subject to unannounced follow up tests for a period of one (1) to five (5) years. The cost of any treatment or use of sick leave and vacation leave to participate in rehabilitation will be determined on a case - by -case basis. 8.0 Return -to -Work Agreements Employees who re -enter the workforce must enter into a return-to -work agreement. The Union will be party to return -to -work agreements for represented employees. The agreement may include, but will not be limited to, the following: 1. A release to work statement from an approved SAP. 2. A negative test for drugs and /or alcohol. City of Oshkosh Department of Transportation Page 11 Oshkosh Transit S Drug and Alcohol Testing Policy (Revised 5/6/2010) 3. An agreement to unannounced frequent follow up testing with direct observation. 4. An agreement to follow specified after care requirements. Failure to comply or complete return to work agreement or SAP instructions will result in termination from employment. A second confirmed drug and/or alcohol test will result in termination of employment. 9.0 Maintenance of Records OTS shall maintain records of its anti -drug and alcohol program as provided in this section in a secure location with controlled access. 9.1 Retention of Records The period of retention shall begin and be measured from the date of the document's /data's creation. OTS's drug and alcohol records shall be maintained consistent to the following schedule, consistent with Title 49 CFR Part 655.71: a) Five Years: Records of covered employee verified positive drug test results, records of employee alcohol test results with results indicating an alcohol concentration of 0.02 or greater, documentation of refusals to take required drug or alcohol test, calibration documentation, and covered employee evaluations and referrals to the SAP, and copies of annual MIS Reports submitted to the FTA. b) Two years: Records related to the collection process (except calibration of EBT's) and employee training. c) One Year: Records of negative drug test results and alcohol test results less than 0.02. 9.2 Release of Information OTS may only release testing records and results under the following circumstances: 1) When a Transit Employee gives written instruction that OTS may release information or copies of records regarding an employee's test results to a third party or subsequent employer: OTS must ensure that each request for release of information specifically identifies the person to whom the information is to be released, the circumstances under which the release is authorized, and the specific kind of information to be released. This documentation must be maintained. • A separate release must be signed each time information is to be disclosed. 2) When, due to a lawsuit, grievance, or proceeding initiated on behalf of the employee tested, the result must be released to the decision -maker in the case; 3) When an employee provides a written request for copies of his/her records relating to the City of Oshkosh Department of Transportation Page 12 Oshkosh Transit System Drug and Alcohol Testing Policy (Revised 5/6/2010) test(s) (cannot be contingent on payment); 4) When an accident investigation is being performed by the National Transportation Safety Board (NTSB) and the post- accident test results are needed for the investigation; 5) When records are requested by the DOT or any DOT agency with regulatory authority over the employer or any of its employees, or to a state oversight agency authorized to oversee transit systems; 6) Request for test result information by an unemployment service bureau can be granted, if the individual's dismissal was a result of a positive drug or alcohol test, because the employee initiated the request for unemployment benefits. 7) Drug and alcohol test results can only be released without written consent directly to an authorized representative of the employee's employer of record. 8) Access to Test results will be available to the program manager and Personnel Director. Supervisors will only have access on a "need to know" basis such as in a pending dismissal or disciplinary action due to a positive test result. The employee's Supervisor who is handling the discipline /dismissal would "need to know" the reason for the discipline /dismissal and therefore, will be informed of the positive test result. 10.0 Training 10.1 Supervisory Training Supervisors and/or other company officers authorized to determine whether reasonable suspicion exists to require a covered employee to undergo a drug or alcohol test under this policy will be required to receive at least 60 minutes of training on alcohol misuse and 60 minutes of training on drug use. This training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and prohibited drug use. 10.2 Covered Employee Training Covered employees will receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety and the work environment and on the signs and symptoms which may indicate prohibited drug use. 11.0 Revisions to Policy In the event that state and/or federal laws and /or regulations change and have an impact on this policy statement, this policy shall be revised to be in accordance with the new laws and /or regulations. 12.0 System Contact Any questions regarding this policy or any other aspect of the drug -free and alcohol -free transit program should be addressed to the following transit system representatives: City of Oshkosh Department of Transportation Page 13 Oshkosh Transit Drug and Alcohol Testing Policy (Revised 5/6/2010) Christopher Strong, P.E. Director of Transportation Oshkosh Transit System 926 Dempsey Trail Oshkosh, WI 54902 Phone: 920 - 232 -5342 Jan Knapp Transit Operations Supervisor Oshkosh Transit System 926 Dempsey Trail Oshkosh, WI 54902 Phone: 920 - 232 -5340 13.0 Medical Review Officer (MRO) MRO services are provided by LexisNexis through our collector, Aurora Occupational Health Services. The MRO is Dr. Stewart Hoffman, MD, 866 - 441 -5350. 13.1 Substance Abuse Professional (SAP) SAP services are provided by Aurora Occupational Health Services, 1- 800 - 236 -3231, http://www.Aurora.or . Adopted by the City of Oshkosh Common Council: May 11, 2010 City of Oshkosh Department of Transportation Page 14 Appendix A List of Covered Employees Director of Transportation Transit Operations Supervisor Transit Maintenance Supervisor Transit Coordinator Transit Dispatcher Administrative Assistant Transit Operator Transit Operator /Mechanic Transit Operator /Sign Transit Lead Mechanic Transit Mechanic Seasonal and Part-time Employees Assigned to Similar Functions Appendix B CITY OF OSHKOSH - OSHKOSH TRANSIT SYSTEM REPORT ON USE OF PRESCRIPTION DRUGS TO: DIRECTOR OF TRANSPORTATION FROM: POSITION: EMPLOYEE #: DATE: (EMPLOYEE NAME) This is to advise you that I am currently taking a prescription drug(s) per the order of (name of physician) for a period of approximately (number of days and length of time). City of Oshkosh - Transportation Department 926 Dempsey Trail, Oshkosh, WI 54902 (920) 232 -5342 (! MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Christopher Strong, P.E., Director of Transportation DATE: May 6, 2010 ( 0 OHKOH ON THE WATER RE: UPDATED DRUG AND ALCOHOL TESTING POLICY FOR OSHKOSH TRANSIT SYSTEM Transit Operations Supervisor Jan Knapp recently attended a training related to drug and alcohol testing programs. Through her training, she found several areas where our existing Drug and Alcohol Testing policy (last updated in May 2001) was in need of revisions and updating, based on new requirements from the Federal Transit Administration (FTA). The attached policy incorporates those revisions to insure compliance with FTA requirements. The FTA requires the Common Council approve this revised policy. If you have any questions regarding this policy, please feel free to contact me. Cc: Jan Knapp, Transit Operations Supervisor City of Oshkosh — Department of Transportation