ORD 1995-07 - Amend Personnel Policies - Drug Testing 02-28-1995ORDINANCE NO. 95 -07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL
RULES OF THE CITY OF HUNTSVILLE TO IMPLEMENT
DRUG AND ALCOHOL TESTING REQUIRED FOR
COMMERCIAL DRIVERS BY FEDERAL LAW; AND
MAKING OTHER PROVISIONS RELATED THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: Chapter 2, Definitions, of the Personnel Rules of the City of Huntsville, Texas,
is amended by adding the following definitions:
Commercial
Driver An employee who is subject to the Commercial Driver's License
requirements of the United States Department of Transportation (49 CFR
part 383) and operates a Commercial Motor Vehicle (CMS for the City
on a routine, intermittent, or occasional basis. Intermittent and
occasional includes operating a CMV on a back -up basis or as
infrequently as once a year. 49 CFR § 382.
Commercial
Vehicle A motor vehicle or combination of motor vehicles used to transport
passengers or property if the motor vehicle:
(1) has a gross combination weight of 26,001 or more pounds
including a towed unit with a gross vehicle weight of more than
10,000 pounds; or
(2) has a gross vehicle weight of 26, 001 or more pounds; or
(3) is designed to transport 16 or more passengers, including the
commercial driver; or
(4) is used in the transportation of materials hazardous for the
purposes of the Hazardous Materials Transportation Act and which
require the motor vehicle to be placarded under the Hazardous
Materials Regulations (49 CFR part 172, subpart F).
Controlled
Substance A substance, including a drug and an immediate precursor, listed
in Schedules I through V or Penalty Groups 1 through 4 of the
Texas Controlled Substances Act, Texas Health and Safety Code
Chapter 481.
Drug A substance, other than a device or a component, part or
accessory of a device, that is: (A). recognized as a drug in the
official United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, official National Formulary,
or a supplement to either pharmacopoeia or the formulary; (B).
intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (C). intended to affect
the structure or function of the body of man or animals but is not
food; or (D). intended for use as a component of a substance
described by items (A), (B), or (C). See Texas Health and Safety
Code section 481.002.
Safety- Sensitive
Function Any of the following duties: (1) Operating a revenue service
vehicle, including when not in revenue service, (2) Operating a
non revenue service vehicle, when required to be operated by a
holder of a Commercial Driver's License; (3) Controlling dispatch
or movement of a revenue service vehicle; (4) Maintaining a
revenue service vehicle or equipment used in revenue service,
unless the recipient receives section 18 funding and contracts out
such services; or (5) Carrying a firearm for security purposes. See
49 CFR 654.
SECTION 2: Chapter 3, Vacancies, of the Personnel Rules of the City of Huntsville, Texas,
is amended to read:
CHAPTER 3, VACANCIES
Section 8. Applications.
Applications for initial employment, promotion or other type of transfer, and
reinstatement shall be submitted as prescribed by the Human Resources Division. Only
applications officially received in the prescribed manner shall be considered.
All information submitted concerning applying for City positions is subject to verification.
The City shall require such releases as necessary to investigate an applicant's medical,
education, employment, drug and /or alcohol, criminal and driving histories.
SECTION 3: Chapter 10, Section 14, Employee drug abuse policy, of the Personnel Rules of
the City of Huntsville, Texas, is amended to read:
CHAPTER 10, CONDUCT
Section 14. Employee Drug Abuse PolicX.
a. It is the policy of the City of Huntsville to help employees in eliminating drug
abuse. Employees who voluntarily come forward to their Division Head with an
admission of drug and /or alcohol dependence and who seek treatment shall be
referred to the EAP program.
b. The term "drugs" includes alcoholic beverage and prescription drugs, and illegal
inhalants and illegal drugs. The term drug does not include prescription drugs
when taken as directed by a doctor.
C. The unlawful manufacture, distribution, dispensation, possession, or use of a
controlled substance on City premises, or while conducting City business is
absolutely prohibited. Being under the influence of any illegal drug, or being
impaired by the use of alcohol on City premises, or while conducting City
business is prohibited. The use of illegal drugs off -duty is inconsistent with law -
abiding behavior expected of all employees. Violations of this policy may result
in disciplinary action, including termination, and may have other legal
consequences.
See also Chapter 11, § 1 1Grounds for Disciplinary Action.
d. The City of Huntsville provides medical insurance benefits and an Employee
Assistance Program (EAP) which may help an employee in a drug or alcohol
abuse program; however, follow -up testing is not a covered expense under the
medical plan. Additionally, the Human Resources Division will help, upon
request of the employee, in obtaining care.
(The City's current EAP is Interface: 1- 800 - 324 - 4327)
e. Any employee may request information on drug and alcohol abuse education and
training from the Human Resources Division or the Division Head. The Human
Resources Division will provide assistance in obtaining care through the EAP.
f. The City may require pre- employment chemical screens on final applicants for
employment.
g. A supervisor may request an employee to submit to a drug and /or alcohol test if
the supervisor has reasonable suspicion that the employee is under the influence
of drugs or alcohol so that the employee's ability to do the functions of the job is
impaired or the employee's ability to do the job safely is reduced.
h. A supervisor may request an employee to submit to a drug and /or alcohol test if
the employee is involved in a work - related accident causing property damage or
personal injury.
i. The City Manager shall establish reasonable procedures for the administration of
drug /alcohol /chemical tests to ensure that the examination and its results are not
unreasonably intrusive upon the individuals.
j. An employee shall notify the City of drug /alcohol related violations occurring no
later than five (S) days after conviction.
SECTION 4: Chapter 10, of the Personnel Rules of the City of Huntsville, Texas, is amended
by adding a new Section 15, Special rules regarding use of commercial motor
vehicles, which shall read:
CHAPTER 10; CONDUCT.
Section IS; Special rules regarding use of commercial motor vehicles.
a. Certification; persons subject to D. O. 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.
1. 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 decision to test must be approved by the Director.
§ 382.307
5. Return to duty 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.
§ 382.309.
6. Follow up testing.
The number, frequency and type of follow -up testing is 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.
§ 382.311.
d. Handling of test results, records retention and confidentiality.
1. Records related to the City's alcohol misuse and controlled substances
programs, including records related to this section, shall be maintained by
the City's Human Resources Department 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, at any time, by mail, phone, fax, or other electronic means
will be done in a way to ensure confidentiality.
The employee's test results will be known by 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.
49 CFR § 40.81; 49 CFR § 382.401.
3. If the drug test result is positive, the employee will be notified of the
results and placed 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.
1. No driver shall perform 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).
2. A driver tested under the provisions of subsection c. above who is found
to have an alcohol concentration of greater 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 4: This Ordinance shall take effect immediately.
APPROVED this 28th day of February, 1995.
THE CITY OF HUNTSVILLE
KL� 13
William B. Green, Mayor
ATTEST:
Danna Welter, City Secretary
APPROVED AS TO FORM:
Scott Bounds, City Attorney