HomeMy WebLinkAboutReso 25-16 - Substance Abuse Policy and Procedures - MB TransportationRESOLUTION NO. 2546
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ACCEPTING THE SUBSTANCE ABUSE POLICY AND PROCEDURES
FOR ITS TRANSIT CONTRACTOR, MV TRANSPORTATION, INC.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay maintains an agreement with MV Transportation, Inc. (MV)
for the day-to-day management and operation of Morro Bay Transit and Trolley transit services; and
WHEREAS, the City of Morro Bay is the authorized to administrator of the Morro Bay Transit and
Trolley program; and
WHEREAS, the Federal Transit Administration (FTA) requires agencies that receive Federal
transit funding to adopt and maintain a current substance abuse policy; and
WHEREAS, the Morro Bay Transit and Trolley program has utilized in the past and has the
potential to utilize in the future Federal funding; and
WHEREAS, the City's contracted service operator MV is responsible for adherence to all required
substance abuse policies, reporting, and monitoring for its employees, and has updated their Substance
Abuse Policy and Procedures to reflect the most current FTA requirements; and
WHEREAS, failure to adopt the proposed MV Transportation Drug and Alcohol Testing Policy
could result in a negative fording in the City's future Transportation Development Act Triennial
Performance Audits, and jeopardize future Federal transportation funding for the Morro Bay Transit and
Trolley program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay the
attached MV Substance Abuse Police and Procedures is hereby accepted.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 26�' day of Apri12016 by the following vote:
AYES: Irons, Headding, Makowetski, Smukler
NOES: None
ABSENT:. Johnson
ABSTAIN: None
ATTEST:
40�
ANA SWANSON, City Clerk
The Standard of Excellence
October 2015
Table of Contents
Core Values Statement................................................................................................. 3
1.0 Policy.................................................................................................................. 5
2.0 Purpose.................................................................................seem.......................... 6
3.1 Applicability........................................................................................................... 6
4.0 Opportunities for Rehabilitation.................................................................................0 7
5.1 Prohibited Drug Use. . 1 11 1 11 1 16, .., 1 11 .......... 1111PIIIIIIIII'llb"Ill., ...................... I a I S a I I ... I ........ IS 8
5.2 Prohibited Alcohol Use, I I I I I I I I I I I I . . I . I I I I I I I I I I I I I I I I I I I I I I I I a I I I I I I I I I I I . I . I I . I I I I I I , a a a I a I a I a I I I I I I I A I I I I I I I 1 1 8
6.0 Prohibited Conduct, Manufacture, Trafficking, Possession of Controlled Substances........... 9
6.1 Requirement to Submit to Drug and Alcohol Testing... .I ...... I I I P I 1 0 a I I a I a a a I I I I I 1 1. 1 .... I.............. 9
6.2 Alcohol Use/Hours of Compliance... Sell ............ 'Mae Pat "I IIIIIbIII4..I.W ....... P ....... ... 10
6.4 Refusal to Submit to a DOT Alcohol or Controlled Substance Test .................................... 10
6.6 Notify MVT of Criminal Conviction. .............. 0 1. 1 1 1 1 1 1 1 1 1 1 1 1 0 a a I I I I.. I ...... W.111pl, ',,Dole' 111.11, ..... 11* 10
7.0 Testing for Prohibited Substances... ........ 1. P 1 11 1 11 1 11 1 611,111.4 .............. I I I I I P I I 1 0 1 1 1 1 1 1 1 IS. I ....... S I 1 11
8.0 Types of Testing.... I . I P I I I I I I I I 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A I I I I I I I I I P 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . I I I I I I I I I I I I I I I I I I I I I I 1 13
8.1 Pre -Employment Testing.,, "I "I'll be, Ill "I I ........ 1 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. 1. 1 1 ........ so 1. P I I I I I I I I I I 1 1. 1 ... 10, 13
8.2 Reasonable Suspicion Testing..................................................................................1 1 5
8.3 Post Accident Testing............................................................................................. D 16
8ARandom Testing..................................................................................................... 16
9.1 Positive Alcohol Testing. I I . I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I . I P I I I I I I I I I I I I I I I I I I I I I A 1 17
9.2 Positive Drug Test................................................................................................... 17
10.0 MRO Report of a Negative Dilute Specimen... ...... I ... ''Pat, .... 1. 1 1 1 1 1 1 1 17
11.0 Substance Abuse Professional................................................................................. 18
12.0 Training and Education", IS, III "I ''I III ''I ''I "I "I ....... I I a a a a a I a a a a 1 0 1 0 a I I I I I I 1 1. 1 ........ 18
13.0 Employee Assistance and Community Service Hot -Line ................................................ 18
14.0 Records, Confidentiality.., map Sam Sam Asset ....... 19
15.0 System Contact.,, Pa. .... 11 ... a .... I", so, 19
16.0 Local Authority... ...... ... 19
17.0 Revisions to the Policy and Program......................................................................... 19
18.0 Zero Tolerance Policy, I See I .... ...... blow............ 19
ExhibitA..................................................................................................................... 20
ExhibitBe. 1 11 1 11 1 111 1 11 "1 11 1 See III "1 11 1. Ill., ........ I ...... 0*0 a No Sam 11 1 1 11 "1 11 1. See 1. 111 IS I 1 11 11 1 "1 11 1 11 1 1. 1 DID. 11 111 we 21
Testing Procedures",.,,,.''.. A..". gas Ism mum saw Gas ...... I I I 1 0 1 1 a a a I a a 0 1 0 a 0 ... 22
Random Testing Procedures.......................................................................................... 23
Collection Procedures for All Tests.... 11 DID See 10, ''1 111 ''1 11.11, ... DID 25
Shy Bladder Procedures'.. Ill "I "I "I'll "I "1 1.11.1.11 "1 so, use Ism too maboam III "I "1 111.1 ....... 0 ........ a 0 25
Reasonable Suspicion Testing Procedures'.. ''I "I Ill III "Pat, "I'll "I'll ''I "I "I "Sell See "I III Sam 26
Post -Accident Testing Procedures.,,...",'',", Is, wpm go* son E&DIES ...... 1.11,11,111,111,1116 27
Information on Prohibited Drug Use and Alcohol Misuse ...................................................... 29
Acknowledgement of MV Transportation's Drug and Alcohol Testing Policy.. I I I I I I I I I I I I I I I I I I IS. 1 35
3
MV Transportation, Inc.
Drug and Alcohol Testing Core Values
Drug and alcohol abuse are the two most preventable behavioral disorders facing our society
today. Drug abuse literally costs hundreds of billions of dollars alone in lost productivity,
increased healthcare costs, accidents and theft. It is estimated that drug and alcohol abuse
costs over a trillion dollars worldwide and growing.
MV Transportation, Inc. and its Subsidiaries are dedicated to providing safe, dependable, and
economical service to its clients. MV Transportation's employees are our most valuable resource.
It is our policy (1) to take appropriate action to assure that employees are not impaired in their
ability to perform assigned duties in a safe, productive, and healthy manner; (2) to foster and
maintain a drug and alcohol - free environment for all employees and patrons; (3) to prohibit
the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances;
and (4) to encourage employees to voluntarily seek professional assistance whenever personal
problems, including alcohol or drug use, may adversely affect their ability to perform their
assigned duties.
Drug testing not only saves businesses money but it also saves lives. This is the backdrop that MV
Transportation's Drug and Alcohol Compliance Department works in to promote a safe and
ethical drug testing program that will be the standard of the industry. MV Transportation's
Compliance Department is always looking for ways to improve the everyday challenges by
using state of the art software and easy to follow testing instructions and forms, and a
comprehensive collection site inspection tutorial for supervisors.
To achieve these goals and to comply with all applicable Federal regulations governing -
workplace anti-drug programs in the transit industry, MV Transportation incorporates three
integrated components:
• Prevention through education and training
• . Detection, deterrence and enforcement
• Treatment and opportunities for rehabilitation
Our purpose is to assure worker fitness for duty and to protect our employees, passengers, and
the public from the risks posed by the use of alcohol and prohibited drugs. It is with sincere
appreciation that I serve as Director of Drug and Alcohol Compliance, and I am thankful to be
surrounded by an extraordinary Board of Directors, Executive Committee and professional staff
in our efforts to promote a safe and drug free environment in which we all live and work.
In accordance with the U.S. Department of Transportation and the
Federal Transit Administration Regulations
(49 CFR Parts 40, 655, and 382)
MV TRANSPORTATION, INC.
SUBSTANCE ABUSE POLICY
1.0 Policy
MV Transportation, Inc. and its Subsidiaries (MV Transportation) are dedicated to
providing safe, dependable, and economical service to its clients. MV Transportation's
employees are our most valuable resource. It is our policy (1) to take appropriate action
to assure that employees are not impaired in their ability to perform assigned duties in a
safe, productive, and healthy manner; (2) to foster and maintain a drug and alcohol -
free environment for all employees and patrons; (3) to prohibit the unlawful
manufacture, distribution, dispensation, possession, or use of controlled substances,
and (4) to encourage employees to voluntarily seek professional assistance whenever
personal problems, including alcohol or drug use, may adversely affect their ability to
perform their assigned duties.
To achieve the goal of a substance -free workplace, this policy incorporates three
integrated components:
Prevention through education and training:
Education and training will communicate and clarify this policy to all employees,
assist employees in recognizing substance abuse problems and in finding solutions
to those problems.
Detection, deterrence and enforcement:
Federal regulations require that effective January 1, 1995, all safety -sensitive
employees will be subject to reasonable suspicion, post accident, random, return to
duty and follow up drug and alcohol testing. Applicants for safety sensitive positions
will not be eligible for those positions unless they pass a pre-employment drug test.
As a "zero tolerance" employer, any positive drug or alcohol or refusal to tests
will result in a termination of employment.
Treatment and opportunities for rehabilitation:
Alcohol and drug abuse are recognized as diseases that can be treated. MV
Transportation promotes a voluntary rehabilitation program to encourage employees
to seek professional assistance prior to testing positive for drugs or alcohol, without
fear of discipline.
i
ApproveDate: October 1, 2015
Man Kibby, CEO
MV Transportation, Inc. and its Subsidiaries
E
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 the risks posed by the use of alcohol and
use of prohibited drugs (as defined below). This policy is also intended to comply with
all applicable Federal regulations governing workplace anti-drug programs in the
transportation industry.
The Federal Transit Administration (FTA) and the Federal Motor Carrier Safety
Administration (FMCSA) of the U.S. Department of Transportation have enacted 49
CFR (Code of Federal Regulations) Parts 655 and 382, which mandate urine drug
testing and breath alcohol testing for employees performing safety -sensitive functions.
These regulations also prevent performance of safety -sensitive functions when there is
a positive test result or a test refusal. The U.S. Department of Transportation (DOT)
has also adopted the revised version of 49 CFR Part 40 as amended, which outlines
procedures for transportation workplace drug and alcohol testing programs. This Policy
incorporates these federal requirements for employees performing safety -sensitive
functions, as well as other provisions.
In addition, DOT has published 49 CFR Part 29, implementing the Drug -Free Workplace
Act of 1988, which requires the establishment of drug-free workplace policies and the
reporting of certain drug-related offenses to the FTA. California passed a similar
version of the federal law, the Drug -Free Workplace Act of 1990 (Gov't Code § 8350 et
seq). This policy reiterates the requirements of the federal regulations; these
requirements will be in Italics. Portions of this policy marked in bold are not necessarily
FTA -mandated, but reflect MV Transportation employment policy (this does not include
policy headings).
If any provision of an existing MVT policy, rule or resolution is inconsistent or in conflict
with any provision of this policy or the DOT/FTA rules, this policy and the DOT/ FTA
rules shall take precedence; if any provision of this policy is inconsistent or in conflict
with the DOT/ FTA rules the DOT/ FTA rules shall take precedence.
Applicability
3.1 Safety -Sensitive Employees
This policy applies to all safety -sensitive MV Transportation employees, including
paid part time employees who perform or could be called upon to perform any
transportation related safety -sensitive function, and this includes off-site lunch
periods or breaks when an employee is scheduled to return to work.
A safety -sensitive function is any of the following duties:
1) The operation of a transportation revenue service vehicle even when the
vehicle is not in revenue service.
2) The operation of a non -revenue service vehicle by an employee when the
operation of such a vehicle requires the driver to hold a Commercial Drivers
License (CDL).
3) Maintaining (including repairs, overhaul and rebuilding) a revenue service
vehicle or equipment used in revenue service.
4) Controlling the movement of a revenue service vehicle and
5) Carrying a firearm for security purposes. (Not applicable to MVT)
6) Volunteers are considered a covered employee if; 1) they are required to hold
a commercial driver's license to operate the vehicle, or 2) if the volunteer
receives re -numeration in excess of their actual expenses incurred while
engaged in the volunteer activity.
(For a description of job categories -See Exhibit B)
3.2 Contractors
Contractors who perform any of the safety -sensitive functions described in this policy
for MVT will be subject to the same requirements as safety -sensitive MVT
employees.
3.3 Non Safety Sensitive Positions
vendors-. employees premisesvill not .- permitted bin
iolation of this policy.
e
promote a drug and alcohol free workplace, this policy includes a
rehabilitation program that allows employees to voluntarily come forward to
request rehabilitation.
4.1 Voluntary Rehabilitation (MVT Policy)
Any employee who has a drug and/or alcohol abuse problem and has not been
selected for reasonable cause, random or post -accident testing or has not
refused a drug or alcohol test may voluntarily refer her or himself to the
General Manager or the Human Resource Department, who will refer the
individual to the company's Employee Assistance Program and/or a
Substance Abuse Counselor for a Non -DOT evaluation and treatment.
Voluntary self -referral commits the employee to a therapeutic process.
Confidentiality of the employee will be protected. The Counselor will evaluate
the employee and make a specific recommendation regarding the appropriate
treatment. When an employee voluntarily refers her or himself for treatment,
the employee may be eligible for sick leave and disability benefits. Employees
will be allowed to take accumulated vacation time or may be eligible for unpaid
time off to participate in any prescribed rehabilitation program. Employees are
encouraged to voluntarily seek professional substance abuse assistance
before any substance use or dependence affects job performance.
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4.2 While Undergoing Treatment (MVT Policy)
Any covered 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 is completed. The employee will be placed on an
unpaid leave of absence for a maximum of 30/60 days to allow time for
completion of the treatment/rehabilitation program. Proof of completion must
be provided in writing by a valid professional. The employee will be required
to pass a NonwDOT drug and alcohol test before he/she can perform a safety -
sensitive function.
pon returning to work.• • •yee's commitment to undergo
ehabilitation treatment does notguarantee that the employee's•• will be
vailable upon
4.3 Cost of Rehabilitation (MVT Policy)
All associated costs for treatment are the sole responsibility of the employee.
4.4 Returning to Work after Treatment (MVT Policy)
All employees who successfully complete prescribed treatment and are
allowed to return back to work will be subject to unannounced Non -DOT
follow-up testing as prescribed by doctor/counselor.
Prohibited Behavior and Conduct
"Prohibited substances" addressed by this policy include the following:
5.1 Prohibited Drug Use
FTA regulations specifically prohibit the use of the following illegal, prohibited
substances and require testing for their presence under certain circumstances:
Marijuana, Amphetamines, Opiates, Phencyclidine (PCP) and Cocaine ("Prohibited
)rugs") - Safety -sensitive employees may be tested for prohibited drugs at any time
while on duty or on MVT property.
5.2 Prohibited Alcohol Use
The consumption of beverages containing alcohol, or substances including any
medication such that alcohol is present in the body while performing safety sensitive
duties or transportation business, are prohibited. "Alcohol" means the intoxicating
agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols
including methyl or isopropyl alcohol. (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.)
5.3 Legal Drugs (MVT Policy)
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 supervisory
personnel. Medical advice should be sought, as appropriate, while taking
such medication and before performing safety -sensitive duties.
he information be forwarded to the Director
)epartment for clarificationreview. _ Compliance department will then
onsult with the Medical ReviewOfficer '• to determine if the medication
functions appropriate to take while performing a safetymsensitive function.
vritten approval (in his/her name) from a physician for the use of a drug in the
ourse of medical treatment. The misuse of legal drugs while performing a
afetymsensitive prohibited
If the MRO determines that the medication being taken is not appropriate to
take while performing a safety -sensitive function the employee will remain off
duty until the issue is cleared by the MRO.
A written letter from the prescribing physician stating the patient's name, the
name of the substance, the period of authorization and a statement that the
medication will not adversely affect the employee's performance to drive or
perform his/her safety sensitive function and that the employee may continue
to perform his/her safety -sensitive function while taking such medication. The
letter must be signed and dated by the physician and the letter will be
provided to the MRO for final approval.
6.0 Prohibited Conduct. Manufacture, Trafficking, Possession, and Use of
Controlled Substances
The manufacture, distribution, dispensation, possession, or use of controlled
substances in the workplace is prohibited. A "controlled substance" is any illegal drug
or any substance identified in Schedules I through V of Section 202 of the Controlled
Substances Act (21 U.S. C. § 812), and as further defined by 21 CFR 1300.114300.15.
Any employee engaging in the manufacture, distribution, dispensation, possession or
use of a controlled substance on MVT premises will be subject to disciplinary action, up
to and including termination and/or will be required to complete a drug abuse assistance
or rehabilitation program. Law enforcement shall be notified, as appropriate, where
criminal activity is suspected.
G�
6A Requirement to Submit to Drug and Alcohol Testing
MVT shall require every covered employee who performs a safety -sensitive function
as described in the FTA regulations Part 655 and the FMCSA regulations Part 382
to submit to post -accident, random, and reasonable suspicion drug and alcohol test -
and to a pre-employment drug test- as described in this policy. MVT shall not permit
any employee who refuses to submit to such tests to perform or continue to perform
any safety -sensitive functions.
6.2 Alcohol Use/Hours of Compliance
No safety -sensitive employee should report for duty or remain on duty when his or
her ability to perform assigned functions is adversely affected by alcohol or when his
or her breath alcohol concentration is 0.04 or greater. No employee shall use
alcohol while on duty or while performing safety -sensitive functions. No employee
shall have used alcohol within four hours prior to reporting for duty. After an
accident employees shall refrain from alcohol use for eight (8) hours or until an
alcohol test has been administered, whichever occurs first.
No safety -sensitive employee shall use alcohol during the hours that they are on
call. On call employees have the opportunity to acknowledge the use of alcohol at
the time he/she is called to report to duty and the inability to perform his/her safety
sensitive function.
6.3 Compliance with Testing Requirements
Any safety -sensitive employee who refuses to comply with a request for testing, who
fails to remain readily available for post -accident 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. Refusal can include an inability to provide a specimen or breath
alcohol sample without a valid medical explanation, as well as a verbal declaration,
obstructive behavior, or physical absence resulting in the inability to conduct the test.
6.4 Refusal to Submit to a DOT Alcohol or Controlled Substance Test
As an employee, you have refused to take a drug or alcohol test if you:
(1) Fail to appear for any test (excluding pre-employment) within a reasonable
time, as determined by the employer, after being directed to do so by the
employer.
(2) Fail to remain at the testing site until the testing process is complete,
Provided, That an employee who leaves the testing site before the testing
process commences, for a pre-employment test it is not deemed to have
refused to test; unless the testing cup was handed to the donor.
(3) Fail to provide a urine or breath specimen for any drug or alcohol test
required by Part 40 or DOT agency regulations.
(4) In the case of a directly observed or monitored collection in a drug test, fail
LU Permn uHe UU5e1vauU11 ui r IUHILU my ui yuui Niuv1b1UH ui a bPcuH1e i.
(5) Fail to provide a sufficient amount of urine or breath when directed, and it
has been determined, through a required medical evaluation, that there
was no adequate medical explanation for the failure.
10
It is MVT's policy that any employee that does not provide a valid
specimen during a collection for a test will remain off duty until the
employee is cleared by the MRO that the employee had a valid
medical reason.
(6) Fail or declines to take a second test the employer or collector has
directed you to take.
(7) Fail to undergo a medical examination or evaluation, as directed by the
MRO as part of the verification process, or as directed by the DER as part
of the shy bladder" or "shy lung" procedures.
(8) Fail to cooperate with any part of the testing process (e.g., refuse to empty
pockets or wash hands when so directed by the collector, behave in a
confrontational way that disrupts the collection process).
(9) If the MRO reports that there is verified adulterated or substituted test
result.
(10) Failure or refusal to sign Step 2 of the alcohol testing form.
(11) Failure to follow the observer's instructions during an observed collection
including instructions to raise your clothing above the waist, lower clothing
and underpants, and to turn around to permit the observer to determine if
you have any type of prosthetic or other device that could be used to
interfere with the collection process.
(12) Possess or wear a prosthetic or other device that could be used to
interfere with the collection process.
(13) Admit to the collector or MRO that you adulterated or substituted the
specimen.
As an employee, if you refuse to take a drug and/or alcohol test, you incur the same
consequences as testing positive Cl"d will be immediately removed from performing any
safety -sensitive functions, and referred to the Substance Abuse Professional,
6.5 Compliance with Treatment Requirements
All employees are encouraged to make use of the available resources for
treatment for alcohol and substance abuse problems.
6.6 Notify MVT of Criminal Drug Conviction
Every
employee_ must notify MVT of any criminal drug statute conviction for a
violation occurring in the workplace within five days after such conviction. Failure to
do so shall subject said employee to disciplinary action up to and including
termination, or satisfactory participation in a rehabilitation program, at the
employee's expense.
6.7 Improper Application of the Policy
MVT is dedicated to assuring fair and equitable application of this "Zero
Tolerance" substance abuse policy. Therefore, supervisors and managers are
required to use and apply all aspects of this policy in an unbiased and
impartial manner. Any supervisor and manager who knowingly disregards the
requirements of this policy, or who is found to deliberately misuse the policy
11
in regard to subordinates, shall be subject to disciplinary action, up to and
including termination.
7.0 Testing for Prohibited Substances
7.1 General
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 Services (DHHS). Testing
for prohibited drugs and alcohol on safety -sensitive employees shall be conducted in
accordance with the procedures set forth in 49 CFR Part 40 as amended. See
attached Testing Procedures for detailed procedures on all required types of drug
and alcohol testing.
IVledical Review Officer (MRO)- All drug testing results shall be interpreted
and evaluated by an MRO who meets all applicable requirements of Part 40,
who shall be responsible for receiving laboratory results generated by an
employer's drug testing program and has appropriate medical training to
interpret and evaluate an individual's confirmed positive test result. The MRO
shall comply with the drug testing procedures set forth in 49 CFR Part 40.
The MRO will not review alcohol test results. When a confirmed positive test
is reported from the testing laboratory, it is the responsibility of the MRO to:
(a) contact the employee and afford the employee the opportunity to discuss
the test results with him/her; (b) review the individual's medical history,
including any medical records and biomedical information provided; (c)
determine whether there is a legitimate medical explanation for the result,
including legally prescribed medication. The MRO shall not convey test
results to MVT until the MRO has made a definite decision that the test result
was positive or negative, or refusal to test. If the employee provides an
adequate explanation, the MRO verifies the test as negative and no further
action is taken. When the MRO reports the results of the verified positive test
to MVT, the MRO will disclose the drug(s) for which there was a positive test.
If the MRO declares a drug test to be invalid for any reason, the test is
considered canceled, and neither positive nor negative. However, a re-
collection under direct observation may be ordered by the MRO.
The Medical Review Officer conducting MRO services for MVT is Dr. Stephen
Kracht, M.D., D.O. in Overland Park, Kansas.
7.2 Testing for Prohibited Drugs
MVT shall collect or have collected urine samples from safety -sensitive employees
to test for Prohibited Drugs. An assigned Collection Site will split each urine sample
collected into a primary and a split sample. (See testing procedures) The urine
samples will be sent under seal, with required chain of custody forms, to a laboratory
certified by the DHHS. Currently MV Transportation is under contract with Clinical
RPferenre I ahnratnry (CRI 1 in I PnP.xa Kansas for its initial testinn and cnnfirmatinn
---- - --- ---- ---- - -- X - - --. -- -- - - _ - - - - ... ---.---- - - -- ..... - -
testing. An initial drug screen will be conducted on each primary specimen. For
those specimens that are not negative, a confirmatory Gas Chromatography/Mass
Spectrometry (GS/MS) test will be performed. The test will be considered positive if
12
the amounts present are at or above the minimum thresholds established in 49 CFR
Part 40 as amended, as set forth in the attached Exhibit A (Threshold levels of
testing).
Split Specimen Testing- If the test result %J the primary specimen is positive
or a refusal to test due to adulteration or substitution, the employee may
request the MRO to direct his/her split specimen be tested in a different
DHHS-certified laboratory. The MRO shall honor such a request if it is made
within 72 hours of the employee having been notified of a verified positive or
refusal to test result. This does not delay MVT from taking any action
consistent with this policy for positive tests and the employee will be removed
immediately from any safety -sensitive functions regardless if he/she is having
his/her split specimen tested by a different laboratory. However, if the split
specimen (bottle B) produces a negative result, or for any reason the second
portion is not available, the test is considered cancelled and no sanctions are
imposed. However, a re -collection under direct observation may be ordered
by the MRO.
Cancelled Test - A drug or alcohol test that has a problem identified that
cannot be or has not been corrected, or which this part otherwise requires to
be cancelled. A cancelled test is neither a positive nor a negative test.
Tests for alcohol concentration on safety -sensitive employees will be conducted with
a National Highway Traffic Safety Administration (NHTSA) -approved evidential
breath testing device (EBT) operated by a trained breath alcohol technician (BAT).
In order to maintain quality assurance, EBT's must be externally calibrated in
accordance with the plan developed by the manufacturer of the device. If the initial
test on an employee indicates an alcohol concentration of 0.02 or greater, a second
test will be performed to confirm the results of the initial test. For summary of
applicable alcohol threshold levels, see Exhibit A.
8.0 Types of Testi
ng
49 CFR Parts 655 and 382 require the following types of testing for Prohibited
Substances for safety -sensitive employees: Pre-employment or transfer, reasonable
suspicion, post -accident, random.
8.1 Pre-employment, Transfer Testing or Return to Work Testing
All applicants for safety sensve posons shall undergo urine drug testing prior to
employment. Receipt by MVT of a verified negative test result from the MRO is
required prior to performing ANY safety sensitive functions for the first time. If an
applicant or employee's drug test is cancelled or negative -dilute the employee or
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Existing employees who are being considered for transfer to asafety-sensitive
position from aNON-safety-sensitive position will be required to undergo a DOT pre-
employment drug test. Any existing safety -sensitive employee who is simply
13
transferring to a different division for another safety -sensitive position is NOT
required to undergo another DOT pre-employment drug test.
8.1.1 Non -Safety -Sensitive Positions
All applicants applying for any non safety -sensitive positions will have to
take and pass a pre-employment NON -DOT urine drug test prior to being
hired.
MVT has some contracts that are subject to the Federal Motor Carrier Safety
Regulations and NOT FTA regulations. Therefore, if the employee has a
commercial license and has been out for 30 days or more AND the employee
has been taken out of the random testing pool the covered employee will be
required to take a DOT pre-employment drug test before he/she can return to
his/her safety -sensitive position.
8.1.3 Return to Work after 90 Days (DOT -FTA Policy)
If a covered employee has not performed asafety-
sensitive function for 90
consecutive calendar days regardless of the reason, AND the employee has
not been in the random pool during that time, the employee must take and pass
a DOT Pre -Employment drug (NOT a return -to -duty) test before he/she can
perform a safety -sensitive function.
8.1.4 Return to Work after 30 Days for Non -Regulated employees who
are not subject to federal guidelines but perform driving duties for
specific contracts that are considered sensitive (MVT Policy)
It is MVT's policy that any time anon -covered driver who drives a vehicle
for an MV contract and has not performed his/her driving functions for 30
or more consecutive days (regardless of reason) the employee will be
required to take and pass another Non -DOT Pre -Employment drug test
before he/she can return to his/her driving position. "For confirmation of
regulation authority contact Drug & Alcohol Compliance Department"
8.1.5 Previous Employer Request Requirement
As an employer we are required to verify previous violations of DOT drug and
alcohol regulations within the last two years of employment with a DOT
regulated agency or employer.
An employer must obtain and review the information listed below from any
DOT -regulated employer the employee perf
ormed safety -sensitive functions for
III LI IC pI CVIUUJ LVVU yCQl s. I IIC If IIUI II IQUUII IIIUJL LJC UL)LQII ICU aI IU ICVICVVCU
prior to the first time an employee performs safety -sensitive functions. If not
feasible, the information should be obtained no later than thirty (30) days after
14
the first time an employee performs safety -sensitive functions. The information
obtained must include:
1. Information on the employee's alcohol test in which a breath alcohol
concentration of 0.04 or greater was indicated.
2. Information on the employee's controlled substance test in which a
positive result was indicated.
3. Any refusal to submit to a required alcohol or controlled substance
test. (including verified adulterated or substituted drug test results)
4. Other violations of DOT agency drug and alcohol testing regulations
As the applicant or employee if you have violated any of the DOT drug and
alcohol regulations, you must also obtain documentation of your successful
completion of the DOT return -to -duty requirements (including proof of follow-up
tests administered).
Furthermore, all applicants will be asked whether he or she has tested positive,
or refused to test, on any pre-employment drug or alcohol test administered by
an employer to which the employee applied for, but did not obtain safety -
sensitive transportation work covered by DOT agency drug and alcohol testing
rules during the past two years.
Although it is not MV Transportation's policy to test for alcohol on a pre-
employment test, MVT does have a few contracts that require a breath alcohol
test be conducted in addition to the required drug test. Divisions that are
subject to this requirement will have to take a pre-employment breath alcohol
test. Breath alcohol testing will be in accordance with DOT Part 40 and 655.42.
8.2 Reasonable suspicion Testing
All safety -sensitive employees shall be subject to reasonable suspicion testing, to
include appropriate urine and/or breath alcohol testing when there is reasonable
suspicion to believe that a covered employee has used a prohibited drug and/or
engaged in alcohol misuse. A reasonable suspicion referral for testing will be made
on the basis of specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech, or body odors of the covered employee.
Reasonable suspicion tests for the presence of alcohol shall be authorized by
observations made just prior, during or immediately after the period of the day in
which the employee is required to be in compliance with the requirements of Part
655; and those alcohol tests shall only be conducted just before, during, or just after
the performance of a safety -sensitive function. If an alcohol test is not administered
within two hours following the determination to test the employee, the employer shall
prepare and maintain on file a record stating the reasons the alcohol test was not
promptly administered. If the alcohol test is not administered within eight hours
following the determination, MVT shall cease attempts to administer an alcohol test
and shall state in the record the reasons for not administering the test.
15
Reasonable suspicion determination will be made by a supervisor, or other company
official who has had the required Reasonable Suspicion training to detect and
document the signs and symptoms of probable drug use and alcohol use and who
reasonably concludes that an employee may be impaired by of a prohibited
substance.
Any employee who is required to take a Reasonable Suspicion test will remain
off duty until a negative alcohol and drug test is received.
Fatal Accidents
As soon as practicable following an accident involving the loss of human life,
MV Transportation will conduct drug and alcohol tests on each surviving
covered employee operating the public transportation vehicle at the time of
the accident. Post accident drug and alcohol testing of the operator is not
required under this section if the covered employee is tested under the fatal
accident testing requirements of the Federal Motor Carrier Safety
Administration rule 49 CFR 382.303 (a)(1) or (b)(1). MV Transportation shall
aIso test any other covered employee whose performance could have
contributed to the accident as determined by investigating staff using the best
information available at the time of the decision.
Non -Fatal Iniury Accidents
As soon as practicable following an accident not involving the loss of human
life in which a public transportation vehicle is involved, MV Transportation will
drug and alcohol test each covered employee operating the public
transportation vehicle at the time of the accident unless investigating staff
determine, 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.
Accident means an occurrence associated with the operation of a vehicle, if
as a result: (1) An individual dies; or (2) An individual suffers bodily injury and
immediately receives medical treatment away from the scene of the accident,
or (3) With respect to an occurrence in which the transit vehicle involved is a
bus, electric bus, van, or automobile, one or more vehicles (including non -
FTA funded vehicles) incurs disabling damage as the result of the occurrence
and such vehicle or vehicles are transported away from the scene by a tow
truck or other vehicle; or (4) With respect to an occurrence in which the public
transportation vehicle involved is a rail car, trolley car, trolley bus, or vessel,
the public transportation vehicle is removed from operation.
(For exact testing criteria -See Post Accident Testing Procedures Pg. 27)
16
MV Transportation shall also test any other covered employee whose
performance could have contributed to the accident as determined by
investigating staff using the best information available at the time of the
decision.
MV Policy: When to conduct aNON-DOT Post accident/incident test
righteserve the • test any safetymsensitive employee
ccident/incident regardless of the severity of the accident/incident.
dditionally,other safetymsensitive employeewhose
•erformance MVT determines could have contributed to the accident.
he • • and alcohol tests will be done under•r •
uthority, and should be done on NOWDOT drug and alcohol chain of
ustody forms.
III III 111 11 111 11 1 1 111111 111,11 11 11 1 111111:11 111, 1 1 :111 1113:
egative drug test and alcohol test result is received.
Employees performing safety -sensitive functions will be subject to unannounced,
random drug and alcohol testing in accordance with FTA regulations. The random
drug and alcohol testing rates will be, at a minimum, based on the current FTA and
FMCSA requirements at all times. Each such employee shall have an equal chance
at selection and shall remain in the pool even after being tested. The basis for
random selection shall be by a scientifically valid random number generation method
initiated by computer. The dates for administering unannounced testing of
randomly -selected covered employees shall be spread reasonably throughout the
calendar year, month, week, and all hours that safety -sensitive functions are
performed. This ensures that employees would have a reasonable expectation that
they might be called for a test on any day they are at work. A covered employee
shall 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. The employee must proceed to the test site immediately after being notified
that he or she has been selected for testing in the allotted time given.
9.0 Consequences
9.1 Positive Alcohol Test
(a) Asafety-sensitive employee who has a confirmed alcohol concentration of
0.02 or greater but less than 0.04 will be removed from his or her duties for
eight hours unless a confirmation test results in a concentration measure of
less than 0.02. (For a test result which is less than 0.04 no other action will
be taken except that which is described in this paragraph.)
(b) An alcohol concentration of 0.04 or greater or a test refusal will be
17
considered a positive alcohol test,
removed from duty and referred to a
and terminated from employment.
The employee will be immediately
Substance Abuse Professional (SAP)
9.2 Positive Drug Test
The consequences of a positive drug test or a test refusal are as follows: the
employee will immediately be removed from safety sensitive duties, referred to a
Substance Abuse Professional and terminated from employment.
If the MRO informs MVT that a negative drug test was dilute, the employee will be
directed to take another test immediately. In some cases the MRO may require the
retest to be performed under "Direct Observation." Each employee directed to take
another test, will be given the minimum possible advance notice that he or she must go
to the collection site to take another test.
For any employee that is directed to take another test, the result of the second test —not
that of the original test — becomes the test of record which MVT will rely on for purposes
of this policy. Any employee who is directed to take another test and the employee -
declines to do so, shall be considered as a refusal to test for purposes of this policy and
DOT agency regulations.
Dilute Specimen- A specimen with creatinine and specific gravity values that are lower
than expected for human urine.
11.0 Substance Abuse Professional (SAP)
A SAP must meet all of the credential, basic knowledge, qualification training,
continuing education, and documentation requirements of 49 CFR Part 40, Subpart O,
§40.281 (a -e). The SAP will evaluate the employee to determine what assistance the
employee needs in resolving problems associated with prohibited substance abuse or
alcohol misuse. The SAP will also determine whether or not an employee has
successfully completed a program of rehabilitation.
MV Transportation has contracted with:
National Counseling Resource
11622, Fair Oaks Blvd, Suite 103, CA 95628
Duncan McPherson, NCAC II, SAP
1-800-607-1010
This firm is a national company that contains a large network of .qualified SAPs
throughout the United States. Employees simply call the toll-free number and provide
the SAP their city and zip code and the SAP will find them the qualified SAPs closest to
their area.
12.0 Training and Education
All employees shall participate in a minimum one-hour training session designed to
meet FTA requirements by learning about the effects and consequences of drug use on
personal health, safety and the work environment. For those supervisors participating
in reasonable suspicion determination testing, there will be at least two hours of training
to explain the criteria for reasonable cause testing, including at least an hour on the
physical, behavioral and performance indicators of probable drug use and another hour
on the physical, behavioral, speech and performance indicators of probable alcohol
misuse. Initial training sessions will be re -enforced with educational materials and
meetings. Further, employees shall be provided with a community hot-line telephone
number.
The Center for Substance Abuse Treatment maintains atoll -free Referral Helpline for
locating substance abuse treatment in your area:
1 -800 -662 -HELP
National Clearinghouse on Family Support and Children's Mental Health
800-628-1696
National Foundation for Depressive Illness
800-239-1265
SAMHSA's Center for Substance Abuse Treatment
800 -662 -HELP (4357), 8004874
889 (TDD), 877-767-8432 (Spanish)
14.0 Records, Confidentiality
A safety -sensitive employee is entitled, upon written
copies of any records relating to the employee's drug
maintain records of its substance abuse program in
access.
request, to review and obtain
and alcohol testing. MVT must
secure location with controlled
15.0 System Contact
Any questions regarding this policy or any other aspect of MVT's Substance Abuse
Management Program should be directed to the office of the following:
M
Name: Esther Avalos, Director of Drug &Alcohol Compliance
Address: 5710 N. Central Expwy., Ste. 1145, Dallas, TX 75206
Phone Number: 972-391-4616
16.0 Local Authority
19
Local Division General Managers and Safety Managers are the Designated Employer
Representatives (DERs) and are authorized to receive test information from the MRO
as well as confirmation test results from the qualified B.A.T.
17.0 Revisions to the Policy and Program
This policy and program are subject to revision in accordance with the Department of
Transportation regulations, as amended.
MVT's "Zero Tolerance" Policy means any covered employee that has a verified positive
drug or alcohol test, or test refusal, will be removed from his/her safety -sensitive
position, referred to a Substance Abuse Professional (SAP) for assessment, and will be
terminated.
20
1 AR a3IN1
Pursuant to the Federal Department of Transportation regulations, the following are the
drugs to be tested for, and the threshold levels of each test which MV Transportation is
required to accept.
Urine Initial Confirmatory
Test Cutoff (GC/MS-LC/MS) Test
Drug or Metabolite (ng/m L)* Cutoff (ng/m L)*
1. Marijuana
2. Cocaine
3. Opiates (morphine, codeine)
Heroin
4. Amphetamine (includes methamphetamine
and MDMA -Ecstasy, MDA, MDEA)
5. Phencyclidine (PCP)
* nanograms per milliliter
50 1
5
150 100
2,000 27000
10 10
500 250
25 25
ALCOHOL
(Includes ethanol, methanol, isopropanol)
Breath Alcohol Concentration
(expressed in terms of grams of alcohol per 210 liters of breath)
Initial Screen Confirmatory
(given if 0.02 or greater on initial
screen)
Under 0.02 0.02 to less than .04 employee may
not perform safety -sensitive function
21
all
The following is a general list of safety-sensve functions and the job categories of
employees who are subject to the provisions of 49 CFR Par 655 and 382 at MV
Transportation:
NOTE: This list is subject to change and revision.
49
Maintenance
340
Lead Dispatcher
416
Safety Manager
550
Mechanic
Training Manager
345
Dispatcher
420
BTW Trainer
561
Mechanic A (specify Union
Class)
87
Safety Assistant
Floating Class A
346
Window Dispatcher
425
BTW Instructor
562
Mechanic B (specify Union
Class)
112
Mechanic
349
Scheduling
Classroom Instructor
563
Mechanic C (specify Union
113
BodyRepairman
Manager
Class)
300
General Manager
350
Scheduler
r451
Classroom Trainer
564
Technician A Mechanic
301
General Manager 1
352
Scheduling
Parts Manager"
565
B Mechanic
Coordinator
302
General Manager 2
353
VA Coordinator
471
Assistant Parts
566
Technician C Mechanic
Manager
303
General Manager 3
354
Operations
475
Parts Clerk
567
Technician Apprentice
Supervisor
304
General Manager 4
355
Road Supervisor
500
Maintenance
568
Technician
Manager
Where's My Ride
Assistant
310
Division Manager
357
510
Maintenance
569
Mechanic Helper
Supervisor
Manager
315
Assistant Division
359
Lead Supervisor
512
Maintenance
570
Cleaners
Manager
Technician
320
Operations
379
Lead
Schedule/Dispatche
514
Bus Stop
571
Mechanic Helper
Manager
Maintenance
321
Shift Supervisor
399
Call Center
515
Maintenance Clerk
572
Body Shop Technician
Manager
Assistant
Safety and Training
Maintenance
322
Operations
400
Manager
516
Supervisor
575
Service Worker
Manager
323
Operations
405
Training Manager
517
Service Employee
580
Utility Crew
supervisor
330
Dispatch Manager
406
Training Supervisor
518
Advanced Service
584
Employee
Station Supervisor
332
Reservations
410
Safety Trainer
519
Entry Level
590
Bus Aide
Manager
Mechanic
335
Dispatch
411
Safety Training
520
Shop Foreman
600
Driver Trainer
Supervisor
Supervisor
336
Drive Cam
415
Assistant Safety
530
Lead Mechanic
610
Driver
Supervisor
Manager
Any MVT employee who has anon -safety -sensitive position, but who may perform a safety sensitive
function at any time while they are working must be included in the random testing and will be included
in the DOT random testing pool.
22
Testing Procedures
Note: Testing and collection procedures will be conducted as set forth by 49 CFR Parts
40 (as amended) & 655 & 382. The information on the following pages is meant for
general information only for MV Transportation employees. Any questions regarding
reference to the regulations should be directed to the policy section of this handbook. A
copy of 49 CFR Part 40 is available for review to each employee upon request to their
local manager.
• - •. - - - , - t �w -
)ositive test result does not apply to employees affected by this policy, The FTA
oes not mandate "Second Chance".
Pre®Employment Testing
1. The FTA regulations require that all applicants for employment in safety -sensitive
positions or individuals being transferred to safety -sensitive positions from NON -
safety -sensitive positions must be given a pre-employment drug test.
2. Applicants may not be assigned to safety -sensitive functions unless they pass
the drug test.
3. Applicants must be informed in writing of the testing requirements prior to
conducting the test. MVT will require applicant to sign a form acknowledging
that they know that their urine will be tested for Cocaine, PCP,
Amphetamines, Marijuana, and Opiates.
4. Appropriate personnel at each location will schedule appointments for collection.
The employee must be made aware that their placement into a safety sensitive
position is contingent upon a negative test result.
5. It is the responsibility of the applicant to report to the collection site at the time
and day scheduled.
6. Positive test results must be reviewed by the MRO.
7. Applicants are notified by the MRO of the laboratory results and are given an
opportunity to discuss the results.
8. Applicants who test positive will not be hired into a safety -sensitive position.
9. An applicant whose pre-employment test results are negative will continue
through the safety -sensitive hiring process.
10. Applicants will be asked whether he or she has tested positive, or refused to test
on a pre-employment drug or alcohol test while trying to obtain safety sensitive
transportation work from an employer covered by DOT agency during the past
two years. If applicant admits that he or she had a positive test or a refusal to
test, MV will not allow the applicant to perform safety sensitive duties unless and
until applicant provides documents showing the successful completion and
r eiease I I o1 i i a vAP.
23
Random Testing Procedures
The FTA regulations require random testing for prohibited drugs and alcohol for all
safety -sensitive employees. Random testing identifies those who are using drugs or
misusing alcohol but are able to use the predictability of other testing methods to
escape detection. More importantly, it is widely believed that random testing serves as
a strong deterrent against employees beginning or continuing prohibited drug use and
misuse of alcohol at MVT. MV Transportation has developed procedures for notification
and collection to best implement the requirements of the federal rules.
These procedures answer common questions regarding random testing: Who is
tested? Why are only some individuals tested? When and how do the tests occur?
1. Random drug and alcohol testing applies only to safety -sensitive employees.
Identification numbers for all safety -sensitive employees will be included in a
selection pool.
2. Random drug and alcohol testing is accomplished by a scientifically valid,
tamper -proof, computer-generated selection process. A random list for testing of
employee numbers will be generated every month.
3. Employees are chosen in an unannounced, unpredictable manner. No employee
will be removed from the random pool following the next selection, and every
employee will continue to be subject to random selection throughout the year.
Every employee in the random pool has an equal chance of being selected every
time. Employees are only removed from the random pool when they are in
rehabilitation programs, terminated or permanently transferred to a non safety.
sensitive position, or expected to be out for at least 90 days or more.
4. Random testing will be conducted on all shifts, all times of day, and all days of
the week throughout the calendar year. No shift is exempt from testing.
5. Random drug testing may be conducted concurrently with random alcohol testing
or at any time during an employee's shift. Random alcohol testing will be
conducted just before the employee is scheduled to perform a safety -sensitive
function, while the employee is performing safety -sensitive functions or just after
the employee performs a safety -sensitive function. The employee must proceed
to the test site immediately after being notified that he or she has been selected
for testing in the allotted time given.
6. For both Maintenance and Operations (Drivers) the Divisional Manager in each
location will be notified which employees have been selected for testing. Once
an employee is notified of his/her selection, he/she must report immediately for
the test. Failure to report after notification constitutes a refusal to test. (see
procedures for random test notification)
7. Employees will be notified where to report for collection, when to stop work and
report to the collection site and who will relieve them, if necessary.
R Thin inmnlnvain mi mt ci ihmitINU to a rin in nnri/n�ffr nlrnhnl tact Fnili ira to rnnnerata
with the collection procedure in any way constitutes a refusal to test which has
the same consequences as a positive test result.
9. The employee is in a paid status throughout the random testing procedure.
24
Employees will be removed from duty if the results are positive and employee
will be terminated.
10. If both alcohol and drug tests are being given, the breath alcohol test will be
performed first. Immediately thereafter, the urine sample will be collected for the
drug test.
11. If there is a confirmed breath alcohol test of between .02% and .039% (inclusive),
the employee will be relieved from duty immediately for a minimum of eight (8)
hours.
12. If there is a confirmed positive breath alcohol test (.04% or above), the employee
will be given the name of a Substance Abuse Professional (SAP) and
terminated.
1. The Human Resource Department triggers the selection list of the month's sensitive employees employees to be scheduled for testing.
2. The local manager will review work schedules, including planned absences when
known, to develop a best available time to perform the tests. The local manager
will coordinate the testing schedule with the collector.
3. In developing testing times, the goal will be to minimize the impact in service.
Testing will be conducted using the following priority periods:
® Before work,
• During split time,
® After work/shift is completed
® During work, with standby personnel relief.
4. During work, without relief (if no other time is possible).
5. Notification of Employees- The Human Resources Department triggers notification
to each location's designated employer representative (DER) via electronic mail.
The DER will notify each safety -sensitive employee selected and thus notified.
Each employee who is selected is to report to the test site immediately
The employee cannot "go off sick" or on vacation or leave of absence after notification.
6. Collection site personnel shall report "unreasonable delays" to the local DER as
employees are required to immediately report to the collection site following
notification. Failing to report to the collection site within a reasonable allotted time
constitutes a refusal to test.
7. The DER shall confirm with the Regional, Divisional, or Operations Manager that
the employee was notified.
8. The DER shall notify the proper management official if an employee fails to report
,F.. +,...+4...C4,,.
ILA lCJlll ly C11=1 I IVUHUCILIVI I.
9. An employee who fails to report for testing shall be removed from duty
immediately. If employee is determined to have "refused to test" he/she face the
same consequences as testing "positive" for drugs/alcohol and will be given the
25
name and number of a SAP and terminated from employment.
Collection Procedures for All Tests
All collection procedures shall be performed in accordance with Part 40. Upon
notification of a test under this policy;
1. The employee must report to the collection site immediately after notification.
2. The employee shall provide photo identification to collection site personnel.
Supervisors will verify the identification of employees without photo identification
and may photograph the employee if necessary.
3. The employee must comply with all collection procedures.
4. The employee must follow the directions of the collection staff to ensure that an
unadulterated urine specimen is collected and/or the breath alcohol test is
completed.
5. The employee. will beprivate enclosure and unobserved unless a direct
observed collection is determined to be needed by the MRO, the local DER, or
the collector.
6. The employee must supply at least 45 ml of urine (approx. 1 'h oz). If the
employee gives an inadequate amount of urine or if the employee is unable to
give a sufficient urine sample collection site staff shall provide the individual with
no more than 40oz of fluid to drink during a period of up to 3 hours. The
employee will attempt to provide a complete sample using a fresh container. If
the required amount is provided, the collection staff will continue with collection
process. If the employee is still unable to provide an adequate specimen within
three hours of the first unsuccessful attempt to provide the specimen, the
collection staff must discontinue the collection, note the facts on the "remarks"
line of the CCF, and immediately notify the DER.
Shy Bladder -The term "shy bladder" refers to a situation when the
employee does not provide a sufficient amount of urine (45 ml) for a DOT
required drug test. If an employee tells the collector, upon arrival at the
collection site, that he or she cannot provide a specimen, the collector
must still begin the collection procedure regardless of the reason given
and direct the employee to make the attempt to provide the specimen.
The employee must be monitored during this time. If the employee leaves
the collection site or refuses to make the attempt to provide a sufficient
urine specimen, this is considered a refusal to submit to a test.
Failure to produce a sample of urine will result in an immediate referral for
an evaluation from a licensed physician within 5 days who can determine
in his or her reasonable judgment the safety -sensitive employee's inability
to provide an adequate amount of urine. If no medical reason is found
substantiating an inadequate sample, the incident will be treated as a
"refusal to test" and will carry the same consequences as a positive test
result.
It is MVT's policy that any employee who does not provide a valid
specimen during a collection for a test will remain off duty until the
26
edical reason.
7. If the employee fails to provide an adequate amount of breath for the breath
alcohol test, a second attempt will be made. If the Employee, after multiple
attempts, fails to produce a sample, the Breath Alcohol Technician (BAT) shall so
note in the "Remarks" section of the breath alcohol testing form and immediately
inform the DER. The DER will instruct the employee to obtain, as soon as
possible but within 5 days after the attempted provision of breath, an evaluation
from a licensed physician who is acceptable to the employer concerning the
employee's medical ability to provide an adequate amount of breath.
8. Whenever there is reason to believe that a particular individual has altered or
substituted the urine specimen, a second specimen shall be obtained as soon as
possible under direct observation of a same gender observer. Reasons may
include; temperature of the specimen out of normal range, bluing agent in the
specimen.
Substituted Specimen A specimen with creatinine and specific gravity
values that are so diminished that they are not consistent with human
urine.
Adulterated Specimen- A specimen that contains a substance that is not
expected to be present in human urine, or contains a substance expected
to be present but is at a concentration so high that it is not consistent with
human urine.
9. If the breath alcohol screening is 0.02 or greater, the breath alcohol technician
will wait at least 15 minutes and a maximum of 30 minutes before administering
the confirmation test. Even if more than 30 minutes have passed the BAT will
still conduct the confirmation test.
10. To ensure that the test results are attributed to the correct covered employee;
bU th specimen bottles must be sealed and labeled in the presence of the donor.
The labels must be printed with the same specimen identification number as the
custody control form and are attached to the specimen bottles. The donor initials
the labels on the vials verifying that the specimen is his or hers.
Reasonable Suspicion Testing Procedures
1. Supervisors and managers receive training in order to identify behaviors that
might be indicators of drug use and/or alcohol misuse. Training includes the
procedures for how to deal with employees suspected of drug use and/ or alcohol
misuse.
2. If a supervisor observes an appearance, behavior, speech pattern, or body odor
of the .covered employee that might be indicative of drug use and/or alcohol
misuse, he/she directs the employee to stop work and escorts the employee to
an area to be questioned and observed in private.
3. The supervisor completes the Reasonable Suspicion Incident Report. The
supervisor must ensure that the employee does not continue to operate in a
safety -sensitive function after identified for reasonable suspicion testing.
27
4. If there is a decision to test based on observable symptoms, the employee is
ordered to submit to a drug and alcohol test and is escorted to the collection site.
5. The employee is on paid status until the test collection is completed. Employee
will remain off duty until a negative drug and alcohol test is received. To
the greatest extent possible, arrangements shall be made to have him/her
transported home and employee should not be allowed to leave on his/her own
recognizance.
6. If there is a confirmed breath alcohol test of between .02% and .039% (inclusive),
the employee will be relieved from safety -sensitive duty immediately for a
minimum of eight (8) hours. If there is a confirmed positive breath alcohol test
(.04% or greater) and/or confirmed positive drug test, or refusal to test, the
employee shall be provided the name and number of a SAP and the employee
will be terminated.
7. If the employee's drug test is confirmed negative by the MRO and/or the BAT test
is below 0.02 the employee will be allowed to return to work and will be paid for
any time missed.
Post -Accident Testing Procedures
The FTA regulations require testing for prohibited drugs and alcohol in the case of
certain public transportation accidents. Post -accident testing is mandatory for accidents
where there is a loss of life and for other non-fatal accidents.
1. The supervisor ensures that all injured people receive proper medical care.
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.
2. The supervisor determines whether the accident meets FTA criteria using MVT's
"Post Accident Decision Checklist Form".
3. If the accident meets the FTA/DOT criteria a DOT post accident drug and alcohol
test will be conducted immediately. The employee will be taken to the collection
site and tested as soon as practicable following the accident. The employee
should remain readily available for alcohol testing up to 8 hours and for drug
testing up to 32 hours after the accident, including notifying his/her supervisor of
his/her location or he/she may be deemed to have refused to submit to testing if
he/she does not make him/herself readily available for testing.
4. Once the tests have been completed the employee will remain off duty until
a negative drug and alcohol test is received.
5. If the employee is not tested within two hours for alcohol, the supervisor must
document the reason for the delay, and if test is not conducted in 8 hours, the
DER shall cease all further attempts and update the records as to the reason(s)
why the test was not completed. If the 32 hours have passed the DER shall
cease all further attempts to complete the drug test.
6. If the employee refuses to be tested, or the breath alcohol test is .04 or greater,
or if the drug test is confirmed positive, the employee is immediately removed
from duty, the Sap will find them the qualified SAPs closest to their area, and will
be terminated.
Post -Accident Testing Criteria
It should be noted that apost-accident test is given because the incident meets the
criteria listed below. It is NOT a probable cause or reasonable suspicion test. An
accident (§ 655.4) is defined as an occurrence associated with the operation of a vehicle
in which:
1. An individual dies.
2. An individual suffers a bodily injury and immediately receives medical treatment
away from the scene of the accident.
3. With respect to an occurrence in which the public transportation vehicle involved
is a bus, van or automobile, one or 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.
(Inclusions) Disabling damage includes damage to vehicles that could have
been operated, but would have been further damaged if so operated.
(Exclusions) 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 damage to headlights, tail -lights,
turn signals, horn, or windshield wipers that makes them inoperative.
4. With respect to an occurrence in which the public transportation vehicle involved
is a rail car, trolley car, trolley bus, or vessel, the public transportation vehicle is
removed from operation.
5. The FTA has determined that "LIFTS" constitute equipment used in revenue
service and their operation is essential to the operation of the vehicle and
protection of public safety, their operation shall now be included in the accident
definition.
To determine if a test should be administered under this section, always use MV
Transportation's "Post Accident Decision Checklist". This form should be used
for all accidents in determining whether a test will be done under DOT authority.
Prohibited Drugs and Alcohol Misuse
MVT is required to ensure that all covered employees receive at least 60 minutes
A training and discussion on the effects and consequences of prohibited drug
use on personal health, safety, and the work environment, and on the signs and
symptoms that may indicate prohibited drug use. The information below shall
assist in providing statistics and examples of substance abuse in the work force
and the signs and symptoms of such use.
A study conducted showed 75 percent of illicit drug users 18 and older are employed,
which amounts to about 10 million U.S. workers. On a daily basis, based on 250 work
days in a year, at least 42,000 Americans are coming to work stoned or are getting
"high" while on the job.
Studies and statistics show that:
1. Every 23 minutes a death occurs as a result of a drug or alcohol related
accident.
2. A typical abuser is:
a. Late to work 3 times more often
b. Requests twice as much time off
c. Is absent 2 1/2 times more than average
d. Uses 3 times as many sick benefits
e. Collects 5 times as much worker's comp
f. Has 300% higher medical costs/benefits
If these statistics haven't convinced you that the problem is serious, let's look at a
feVV more.
A national survey once reported that:
1. 19% of all children over the age of 12 had used some type of illegal drug
2. 65% of 18 to 25 year olds had used some type of illegal drug
3. 30 to 40 million Americans stated they had used cocaine
4. By age 17, 70% of American teenagers had tried alcohol
As you can see, drug and alcohol abuse is a serious problem, having a major effect
on all our lives. Even though you may not be abusing drugs or alcohol, you are
affected by the results of drug and alcohol abuse in our society. You pay higher
medical costs to help cover the costs for abusers who cannot afford the cost of
treatment. You pay higher insurance costs to help fund the drug and alcohol abuse
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more because of decreased worker productivity, as well as increased cost to
employers.
30
This section is designed to provide you with a brief overview of the seriousness of
using controlled substances and alcohol. It also provides education on the signs,
symptoms and effects of the illicit drugs that you will be tested for. Your employer
has taken great measures to assure you of a safe working environment. Please
review this booklet in its entirety to educate yourself on drug and alcohol in the
workplace. When you have completed reading this material, you will better
understand the need for a drug-free workplace.
The drugs for which you will be subject to testing include:
Marijuana
Phencyclidine
� Opiates
Alcohol (by evidential breath testing device only)
Amphetamines (methamphetamine, MDMA -ecstasy) are central nervous system
stimulants. They tend to make people "hyper" and "jumpy". They can be taken
either orally or injected. They are often used by people to stay awake and to
counteract the effects of drowsiness. They are especially dangerous to take
while performing safety -sensitive tasks or driving.
Ecstasy, MDMA (3,4 methylenedioxymethamphetamine), is a synthetic, psychoactive
drug that is chemically similar to the stimulant methamphetamine and the hallucinogen
mescaline. MDMA causes an increase in serotonin which plays an important role in the
regulation of mood, sleep, pain, appetite, and other behaviors.
Some heavy MDMA users experience long lasting confusion, depression, and selective
impairment of working memory and attention processes. Ecstasy users make extremely
dangerous drivers. They can exhibit the same impairments as amphetamine, heroin,
cocaine, and hallucinogen users.
Signs and Symptoms of Amphetamine Use
♦ Hypersensitivity
♦ Exhaustion
♦ Dilated Pupils
o Grinding teeth
o Loss of appetite and immediate weight loss
o Dry
mouth
♦ Excessive talking
Effects on Person
♦ More likely to take risks
♦ Impaired judgement
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Facts about Cocaine
Cocaine also stimulates the central nervous system. It gives the user an intense
feeling of well-being, or euphoria, known as a "high". The "high" will last for 10 to
60 minutes. A more potent form of the drug called "crack" cocaine is especially
addicting and dangerous. Although it's "high" lasts only about 5 to 8 minutes,
"crack" cocaine can be addicting after only one use, and cause death the first
time it is used. Cocaine can be injected, snorted, or free -based. Snorting is
sniffing the drug up the nose, and free -basing is done by heating the drug and
inhaling the vapors.
♦ Mood swings
♦ Weight Loss
♦ Restlessness: Difficulty sitting or standing in one place
♦ Depression
♦ Nose bleeds
♦ Irritable, angry, nervous, angers easily
♦ Bad breath
♦ Euphoric feeling
♦ Running nose, uncontrollable sniffing
Effects on Person
♦ Slowed reaction time
♦ Distorted vision and depth perception
♦ Slow to make decisions
♦ Unable to correctly measure time and distance
Facts about Marijuana
Marijuana is a depressant and mind altering drug. Marijuana does not depress
the central nervous system's reaction, it works on the brain. Mind altering means
it causes hallucinations. It can be eaten or smoked. Street names for marijuana
are "dope", "grass", "joint", "hash", or "hooch".
Tests have shown that people's reflexes and thought processes are slower under
the influence of marijuana. The eff
ects of this drug are longer lasting than first
thought. In fact, impairment can last more than 24 hours after using marijuana.
The body actually stores the drug for days, weeks, and in some cases, months,
depending on the frequency of use.
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Signs and Symptoms of Marijuana Use
♦ Dilated pupils
♦ Slowed reflexes
♦ Giddiness
♦ Slowed thinking
♦ Moodiness
♦ Trance -like state
♦ Impaired vision
♦ Reduced feeling of pain
♦ Odor of burning
s Short-term memory loss
♦ Loss of concentration
o Unable to sleep after prolonged use
Signs To Look For
♦ Cigarette rolling paper
♦ Dried plant material, either crumbled or pressed
♦ Roach clip (device to hold joint)
♦ Hash pipe (very small pipe)
Facts about Opiates
Opiates are classified as a narcotic analgesic. They tend to have a sedating, calming
effect, and act as a depressant to the central nervous system. Opiates are more
commonly known as morphine, codeine, and heroin. Street names for opiates are
"junk", "smack", "horse", and "brown sugar". Opiates are prescribed by doctors to
relieve pain, but they are used by the abuser to relax or "escape the real world". They
can either be taken orally, injected or smoked.
When the drug is injected, the user feels an immediate "rush", usually followed by a very
relaxed and soothing feeling. However, some opiates can cause very unpleasant side
effects such as nervousness, nausea, and restlessness, and if taken in excess, may
cause coma or death.
Signs and Symptoms of Opiate Use
♦ Mental confusion
s Slured speech
♦ Unsteadiness
♦ Hostility
o Memory loss
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o Drowsiness
♦ Excess talking
♦ Euphoria
♦ Depression
♦ Short attention span
♦ Cold, moist or bluish skin
♦ Reduced feeling of pain
Effects on Person
♦ Lack of concentration —Day dreaming
♦ Distorted sense of time and distance
♦ Distorted vision
Facts about Phencyclidine (PCP)
Phencyclidine, commonly called "Angel Dust", is known as a dissociative anesthetic.
Users of PCP may experience hallucinations and signs of intoxication. They may not be
able to focus their attention or will experience confusion and lack of coordination.
Although PCP has immediate short term effects, it is also known for its long term effect
of causing psychotic behavior often associated with violent acts. Other street names for
PCP include "hog", and "crystal". PCP may be smoked, snorted or injected.
Signs and Symptoms of PCP Use
♦ Delusions
♦ Confusion
♦ Panic
s Increased blood pressure
♦ Anxiety
♦ Flashbacks
Effects on Person
♦ More likely to take risks
♦ Impaired coordination
♦ Aggressive actions
Facts about Alcohol
Alcohol is a socially acceptable drug that has been consumed throughout the world for
centuries. It is considered a recreational beverage when consumed in moderation for
enjoyment and relaxation during social gatherings. However, when consumed primarily
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for its physical and mood -altering effects, it is a substance of abuse. As a depressant, it
slows down physical responses and progressively impairs mental functions.
♦ Dulled mental processes
♦ Lack of coordination
♦ Odor of alcohol on breath
♦ Possible constricted pupils
♦ Sleepy or stuporous condition
♦ Slowed reaction rate
♦ Slurred speech
(Note: Except for the odor, these are general signs and symptoms of any depressant
substance.)
Health Effects
The chronic consumption of alcohol (average of three servings per day of beer
[12oz], whiskey[1 oz], or wine[6oz glass] over time may result in the following health
hazards:
♦ Decreased sexual functioning
♦ Dependency (up to 10% of all people who drink alcohol become physically
and/or mentally dependent on alcohol and can be termed "alcoholic")
♦ Fatal liver diseases
♦ Increased cancers of the mouth, tongue, phary
nx, esophagus, rectum, breast,
and malignant melanoma.
o Kidney disease
♦ Pancreatitis
♦ Spontaneous abortion and neonatal mortality
♦ Ulcers
♦ Birth defects (up to 54% of all birth defects are alcohol related).
Workplace Issues
V
It takes one hour for the average person (150 pounds) to process one
serving of an alcoholic beverage from the body.
♦ Impairment in coordination and judgment can be objectively measured with
as little as two drinks in the body.
♦ A person who is legally intoxicated is 6 times more likely to have an accident
than a sober person.
35
MV TRANSPORTATION, INC.
ACKNOWLEDGEMENT
OF
EMPLOYER'S DRUG AND ALCOHOL TESTING POLICY
Print Full Name
the undersigned, hereby
acknowledge that I have received a copy of the anti-drug and alcohol misuse program
policy mandated by the U.S. Department of Transportation, Federal Transit
Administration for all covered employees who perform a safety -sensitive function. I
understand this policy is required by 49 CFR Part 655, as amended, and has been duly
adopted by the governing board of the employer. Any provisions contained herein which
are not required by 49 CFR Part 655, as amended, that have been imposed solely on
the authority of the employer are designated as such in the policy document.
I further understand that receipt of this policy constitutes a legal notification of the
contents, and that it is my responsibility to become familiar with and adhere to all
provisions contained therein. I will seek and get clarification for any compliance with all
provisions contained in the policy. I also understand that compliance with all provisions
contained in the policy is a condition of employment.
I further understand that the information contained in the approved policy dated Oct 1,
2015 is subject to change, and that any such changes, or addendum, shall be
disseminated in a manner consistent with the provision of 49 CFR Part 6557 as
amended.
I hereby acknowledge that I have participated in and completed the required minimum
one-hour of DRUG AND ALCOHOL EMPLOYEE EDUCATION AND TRAINING in
accordance with Part 655.14(b)(1) and in addition, to the training, this policy and
handbook was reviewed.
I further acknowledge that I have been advised of the consequences for safety sensitive
employees who violate the testing requirements and information concerning the effects
and alcohol misuse and controlled substance abuse on health, work and personal life.
Signature of Employee
Print Name
Date
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