ORD 2005-06 - Amend Personnel Rules Chapter 10, Section 15 05-17-2005ORDINANCE 2005 -06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL RULES OF THE
CITY OF HUNTSVILLE BY AMENDING CHAPTER 10, 15, SPECIAL
RULES REGARDING USE OF COMMERCIAL MOTOR VEHICLES; AND
MAKING OTHER PROVISIONS RELATED THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION 1: Chapter 10, Section 15, Special Rules Regarding Use of Commercial Motor
Vehicles, of the Personnel Rules of the City of Huntsville, Texas, is hereby
amended to read:
Section 15. Special Rules Regarding use of Commercial Motor Vehicles.
a. Certification; persons subject to D. 0. T. testing.
Each employee that certifies that they are a commercial driver for the City shall be
subject to alcohol and drug testing described in 49 CFR Part 382. Such tests include
pre- employment tests, post- accident tests, reasonable suspicion tests, random tests,
return to duty tests, and follow up tests.
b. Prohibitions.
1. Alcohol concentration.
a) No commercial driver shall report for duty or remain on duty while having
an alcohol concentration of 0.04 or greater. §382.201.
b) No employee shall permit a commercial driver to remain on duty while the
commercial driver has an alcohol concentration of 0.04 or greater. §
382.201.
2. Alcohol possession.
a) No commercial driver shall be on duty or operate a commercial vehicle
while the driver possesses alcohol, unless the alcohol is manifested and
transported as part of a shipment. §382.204.
b) No employee shall knowingly permit a commercial driver to drive or
continue to drive a commercial vehicle while the driver possesses
unmanifested alcohol. § 382.204.
3. On duty alcohol use.
a) No commercial driver shall use alcohol while performing safety- sensitive
functions. § 382.205.
b) No employee shall knowingly permit a commercial driver using alcohol to
perform or continue to perform a safety- sensitive function. § 382.205.
4. Pre -duty alcohol use.
a) No commercial driver shall perform safety sensitive functions within four
hours after using alcohol. § 382.207.
b) No employee shall knowingly permit a commercial driver who has used
alcohol within four hours to perform or continue to perform safety sensitive
functions. § 382.207.
5. Alcohol use following an accident.
No driver required to take a post accident test shall use alcohol for eight hours
following the accident, or until the driver undergoes a post- accident test,
whichever occurs first. § 382.209.
6. Test refusal.
No driver shall refuse to submit to a post accident alcohol or controlled
substances test, a random alcohol or controlled substances test, a reasonable
suspicion alcohol or controlled substances test, or a follow -up alcohol or
controlled substances test required under these rules. § 382.211.
7. Controlled substance use.
a) No commercial driver shall report for duty or remain on duty requiring the
performance of safety sensitive functions when the driver uses any
controlled substance, unless the use is pursuant to the instructions of a
practitioner who has advised the driver that the substance does not
adversely affect the driver's ability to safely operate a commercial vehicle.
§ 382.213(a).
b) A commercial driver shall inform the driver's supervisor of any therapeutic
drug use. § 382.213(c).
8. Controlled substances testing.
a) No driver shall report for duty, remain on duty, or perform a safety sensitive
function if the driver tests positive for controlled substances. § 382.215.
b) No employee shall knowingly permit a commercial driver that tests positive
for controlled substances to perform or continue to perform safety sensitive
functions. § 382.215.
C. Tests required.
Pre - employment testing.
The City shall test all final applicants for positions involving operation of
commercial vehicles for alcohol and controlled substances. § 382.301.
2. Post accident testing.
a) As soon as practicable following an accident involving a commercial
vehicle, the City shall test for alcohol and controlled substances each
surviving driver if the accident results in the loss of human life or if a
citation is issued to the driver for a moving traffic violation. § 382.303(a).
b) Time of post accident testing:
1) Alcohol tests should be administered within two hours following the
accident; no alcohol test will be administered after eight hours.
§ 382.303(b).
2) Controlled substance tests shall be administered within 32 hours.
§ 382.303(b).
c) Employees shall remain readily available for testing after an accident.
Failure to do so will be treated as refusal to test. § 382.303(c).
d) If any law enforcement agency performs a test for alcohol or controlled
substances, the City will use the results of these tests. § 382.303(e).
3. Random testing.
a) Employees will be selected for alcohol and drug testing on a random basis
in a manner to ensure that they always have an equal chance of selection on
a scientifically valid basis. The testing frequency and selection process will
be such that a chance of selection continues to exist throughout
employment. An employee selected for random testing, could be chosen
again during the same year.
b) A number of certified employees equal to fifty percent (50%) of the
commercial drivers certified under section 15(a) above, will be tested for
drugs each year. A number of certified employees equal to twenty -five
percent (25%) of the commercial drivers certified under section 15(a) above
will be tested for alcohol each year.
c) Random testing will occur throughout the year. Employees will not be
notified until the time of the test. A supervisor will accompany the employee
to the test site immediately after notification. § 382.305.
4. Reasonable suspicion testing.
If an employee is reasonably suspected of using alcohol or drugs in the
workplace or of working while under the influence of alcohol or drugs, their
Division Head may recommend an alcohol and /or drug test.
The Division Head's written recommendation to require an employee to be tested
must be based on specific, contemporaneous, articulable observations
concerning appearance, behavior, speech, body odors, and /or work
performance. This may include indications of the chronic use and withdrawal
effects of alcohol and drugs.
The Director must approve the decision to test. § 382.307.
5. Return to duty testing.
If an employee tests positive for alcohol or drugs, the employee must undergo a
return to duty test no later than 45 days from the date the employee tests positive.
6 Follow up testing.
If an employee tests positive for alcohol or drugs, the employee must
undergo follow -up testing for alcohol or drugs for up to 60 months
following their return to duty. This will consist of at least six tests in the
first 12 months following their return -to -duty.
The number, frequency and type offollow -up testing are left up to the Director,
with advice of the City of Huntsville's substance abuse professional (SAP)
following the driver's return -to -duty. All follow -up testing will be at the expense
of the employee. The SAP may stop follow -up testing any time after the first six
tests have been administered. §§ 382.309, 382.311.
d. Handling of test results, records retention and confidentiality.
The HRD will maintain records related to the City's alcohol misuse and
controlled substances programs, including records related to this section, in a
secure location with controlled access. 49 CFR 40.81; § 382.401.
2. All information concerning test results is confidential. Any exchange of
information, anytime, by mail, phone, fax, or other electronic means will be done
in a way to ensure confidentiality.
Only the employee, the Medical Review Officer or Breath Alcohol Technician,
Substance Abuse Professional, Substance Control Officer, the City's Human
Resources Department, the Division Head and Director, whether employed by
the City or contracted, will know the employee's test results. 49 CFR § 40.81; 49
CFR § 382.401.
3. If the drug test result is positive, the SAP will notify the employee of the results
and the director will place the employee on Administrative Leave With Pay
pending other action. The employee will have 72 hours to ask for a test of the
split specimen at their expense. If the second test is negative, the medical review
officer will cancel the result of the first test and the city will reimburse the
employee for the retest.
e. Consequences for drivers engaging in substance abuse related conduct.
An employee tested under the provisions of these rules whose drug test result is
positive may be terminated and if not shall be removed from all duties for 72
hours or until the next work day, whichever is longer. After 72 hours, the
employee may be assigned to non safety sensitive work if the employee's
supervisor determines that such work is available. The employee may use
vacation, holiday, and /or compensatory time for work missed during this period,
but not sick leave.
2. No driver shall do safety sensitive functions, including driving a commercial
motor vehicle, if the driver has engaged in conduct prohibited by subsection b.
above until the employee has been evaluated by a substance abuse professional
approved by the City and has undergone a return to duty test with a verified
negative result. § 382.605(b) and (c).
3. A driver tested under the provisions of subsection c. above who is found to have
an alcohol concentration ofgreater than 0.02 but less than 0.04 shall be removed
from duties for 24 hours or until the next work day, whichever is longer. The
employee may use vacation, holiday, and /or compensatory time for work missed
during this period, but not sick leave. 49 CFR § 382.505(a).
SECTION 2: This Ordinance shall take effect immediately.
PASSED AND APPROVED THIS 17th DAY OF MAY 2005.
THE CITY OF HUNTSVILLE
Steed Smith, Mayor Pro Tern
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Danna Welter, City Secretary
APPROVED AS T ORM:
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Thomas A. Le , Cit Attorney