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HomeMy WebLinkAboutReso 56-18 MV Transportation Drug & Alcohol policyRESOLUTION NO. 56-18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ACCEPTING THE DRUG AND ALCOHOL POLICY 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 administrator of the Morro BayTransitand Trolley program; and WHEREAS, the Federal Transit Administration (FTA) requires agencies who 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 Drug and Alcohol Policy to reflect the most current FTA requirements; and WHEREAS, failure to accept the proposed MV Transportation Drug and Alcohol Policy could result in a negative finding 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 Drug and Alcohol Policy is hereby accepted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10th day of July 2018 by the following vote: AYES: Irons, Davis, Makowetski, McPherson NOES: None ABSENT: Headding ABSTAIN: None ATTEST: s�&An2 ed DANA SWANSON, City Clerk 2 Table of Contents Core Values Statement..............................................................................................I.0 4 1.0 Policy., . ... ... FEA "I ''I "1 11. OFF "I I., ... ... . M. "1 14. W.. I'm "I IF. I .. ... . M. MOO "I "I I.M ... 5 2.0 Purpose,,,",, .. ... ... M., "1 114 IF. ..M ... M.. M., .11.4 . ... ... IF. .1111, ... ... ..... I POO 11 .... ... Am. .1. "1............ ...... 6 3AApplicability... 114 "1 M.A "I "I "I ''1 114 11. All "I "I "I I., IF,.., 011 "1 "1 ''1 1.0 .11 ''1 "1 "1 11. .1. 1., "1 "1 ''1 "1 M. 101, 1 6 4.0 Opportunities for Rehabilitation.................................................................................1 7 5.1 Prohibited Drug Use ... ... OFF ............... ............ IF. ... MI, ...... IF. ..........:.... W..IF. ... OFF ............... 8 5.2 Prohibited Alcohol Use.,, ,, "I "I "I "I "I ''I "I "I "I I.I.MF 110 "1 "1 "1 "1 *1, 110 "1 "1 "1 111.14 8 6.0 Prohibited Conduct, Manufacture, Trafficking, Possession of Controlled Substances..,........ 9 6.1 Requirement to Submit to Drug and Alcohol Testing...... .. 1 11 1 11 1 4 4 .... ... 10 6.2 Alcohol Use/Hours of Compliance... 111141 *41 10 6.4 Refusal to Submit to a DOT Alcohol or Controlled Substance Test .................................... 10 6.6 Notify MVT of Criminal Conviction,., I.. "I "I "1 110 011 11 7.0 Testing for Prohibited Substances... I I I I I I M 1 4 6 q 1 11 1 11 1 11 1 11 1 4 $1,111,111% "I'll", 6 41,11,111,111,11, 4 11 1 11 1 11 1 11 12 8.0 Types of Testing....,, ,, 11. 14.... M....p MI, "I ... ... FF..,. "I "I ... ...... A .. ... . 4111, "1 1 .. ..... I M111 11. 1 13 8.1 Pre -Employment Testing... "I W.1.10 PPI 011 "1 "1 IF. IF. "I ''I "I I., I..." "I ''I "I "I IF. "I "I "I ''I III.., "I "I "1 13 8.2 Reasonable Suspicion Testing............................................................ I.......I . . 4 ... M....... 15 8.3 Post Accident Testing... "I "I ''1 114.11 110 "1 "1 "1 IF& ,* "I "I "I IF, #q4 "I "I "1 111.11 411 "1 "1 "1 111.*. "1 "1 1 16 8.4 Random Testing....,. "I.,, "I "I "I ... .... M., ..... I "I "I I....M ... 1111111411 .. ... ... .. ..... MI, 17 9.1 Positive. Alcohol Testing......*,,*,, 011 ,,.,,*OF "I'll ''I "1 1*101, OFF "I "I'll 11* 4*1 "1 "I'll, 17 9.2 Positive Drug Test... "I "I IF. .1m "I "I IF. M. A.M .11 0 11 "1 11 . ...... "I "I mq 1 11 "1 "1 1 .. ...... 1. 0 1 4 1 11. 17 10.0 MRO Report of a Negative Dilute Specimen............................................................... 18 11.0 Substance Abuse Professional................................................................................. 18 12.0 Training and Education.......................................................................................... 18 13.0 Employee Assistance and Community Service Hot -Line ................................................ 19 14.0 Records, Confidentiality,. . ... "1 10, "1 "1 "1 10, "1 "..M. MI, 110 "1 11. 10, F11 "I I...IM.II "I "1 14. 19 15.0 System Contact..................................................................................................... 19 16.0 Local Authority,,, 11 "1 "1 IF. M. "I "I ''I "I I .. ... . 'A "1 11 1 "1 1 .. ... I., "I "I "1 4 1. ... .. 1 0 11 "1 "1 ... ... I........... 19 17.0 Revisions to the Policy and Program......................................................................... 19 18.0 Zero Tolerance Policy,,* ,, Ins OFF "I "I IF& *11 "1 00, "1 "1 "1 114 01% ''1 "1 IF of OFF F11 "I "I "I "1 00* *1, "1 "1 I'll, 19 ExhibitA.,. I..." "I "I "I "I IF. IF. qII q4I "I OFF I'll .. ... 10, "1 11. 1., "1 "1 20 ExhibitB... I.q "I "I ".." IF..,. "1 10, "1 "1 11 . ...... "I OFF 11...M.., Flo "I II&.11 "I "I IF....., 21 TestingProcedures". IF. 04, *01 00, all .................................................................................... 22 Random Testing Procedures",", "I ",I .. ... ... "I'll" . ... ... ... . 1101,111.1 . ... ... 11 1 4 ............... M. 23 Collection Procedures for All Tests". "I "1 *11 "1 "1 "1 "1 0.1 10, "1 "1 ''1 VII 10, *** 61, "1 "1 110 "1 10, 1*1 OFF "I "I IF 0 25 ShyBladder Procedures................................................................................................ 25 Reasonable Suspicion Testing Procedures.....................................................................1.1 26 Post -Accident Testing Procedures................................................................................... 27 Information on Prohibited Drug Use and Alcohol Misuse',,.,......, 11, "1 "1 IF. IF..., "I "1 14, 11. M..........1 29 Acknowledgement of MV Transportation's Drug and Alcohol Testing Policy.,, ,, 1%, "1 "1 "1 "1 *11 10, 1 35 We provide freedom. Drug and Alcohol Testing Core Values Drug and alcohol abuse are the two most preventable behavioral disorders facing oursociety 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 casts over a trillion dollars worldwide and growing. MVTransparfation, 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 faster 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 A 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 forways 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, MVTransportation incorporates three integrated components: + Prevention through education and training * Detection, deterrence and enforcement Treatment and opportunities for rehabilitation MV's purpose is to assure worker fitness for duty and to protect our employees, passehgers, and the public #rom the risks pied using alcohol and prohibited drugs. MV is surrounded by an extraordinary Board of Directors, Executive Committee and professional staff who support and promote a safe and drug free environment in which we all live and work. I n accordance with the U.S. Department of Transportation and the Federal Transit Administration Regulations (49 CFR Parts 40, 555, and 382) MV TRANSPORTATION, INC. SUBSTANCE ABUSE PULICY T.0 Po►icY 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: Preventionthrough 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 atermination 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. Approved: �✓:p��. Y Date: April 9, 2018 Kevin Jones, CEO AV Transportation, Inc. and its Subsidiaries 5 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. 3.0 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. C 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 All MVT employees are subject to the provisions of the Drug -Free Workplace Act of 1998. Visitors, vendors and contracted employees on MVT premises will not be permitted to conduct transportation business if found to be in violation of this policy. 4.0 Opportunities for Rehabilitation (MVT Policyl To 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. 7 4.2 While Undergoing Treatment (MVT Policy) Any covered employee who admits to a drug andlor 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 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 Non -DOT drug and alcohol test before he/she can perform a safety - sensitive function. *MV shall make every effort to place the employee back in his/her position upon returning to work. However, an employee's commitment to undergo rehabilitation treatment does not guarantee that the employee's job will be available upon return. 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 can return to work will be subject to unannounced Non -DOT follow-up testing as prescribed by doctor/counselor. 5.0 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, Opioids, Phencyclidine (PCP) and Cocaine ("Prohibited Drugs") - 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. Any time an employee comes forward about a medication that helshe is taking the information must be forwarded to the Director of the Compliance Department for clarification and review. The Compliance department will then consult with the Medical Review Officer (MRO) to determine if the medication is appropriate to take while performing a safety -sensitive function. A legally prescribed drug means that the employee has a prescription or other written approval (in his/her name) from a physician for the use of a drug during medical treatment. The misuse of legal drugs while performing a safety -sensitive function is prohibited at all times. 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. To continue performing asafety-sensitive function the employee taking the medication will be required to provide the following. 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 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 / through V of Section 202 of the Controlled Substances Act (21 U.S.C. § 812), and as further defined by 21 CFR 13000 1 14300. 15a 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. fiA 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. fi.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 can 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. fi.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. fi.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 timeI 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) Fait 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 to permit the observation or monitoring of your provision of a specimen. (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 MUT'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 and 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 live 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. 11 7.o 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. Medical 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 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 KrachtI M.D., D.O. in Kansas City, MO. 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 Alere Toxicology in Gretna, LA for its initial testing and confirmation 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 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). 12 Split Specimen Testing- If the test result of 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. 7.3 Alcohol Testing 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 Tunes of Testin4 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 sensitive positions 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 applicant shall be required to immediately take another pre -employment drug test. 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 transferring to a different division for another safety -sensitive position is NOT required to undergo another DOT pre -employment drug test. 13 8.1.1 Non -Safety -Sensitive Positions All applicants applying for non -safety -sensitive positions will have to take and pass a pre -employment NON -DOT urine drug test prior to being hired. 8.1.2 Return to Work after 3Q Days (DOT-FMCSA Policy) 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 perform his/her safety -sensitive position. 8.1.3 Return to Work after 90 Days (DOT-FTA Policy) If a covered employee has not pertormed asafety-sensitive function for 90 consecutive calendar days regardless of the reason, AND the employee has been removed from random pool, the employee must take and pass a DOT Pre -Employment drug test (NOT a return -to -duty) before he/she can perform a safety -sensitive function. 8.1.4 Return to Work after 30 Days for Non -Regulated employees not subject to federal guidelines but perform driving duties that is considered sensitive work (MVT Policy) It is MUT's policy that all non -covered drivers who drive an MV vehicle and has not performed his/her driving functions for 30 or more consecutive days (regardless of reason) the non -covered 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 8� 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 performed safety -sensitive functions for in the previous two years. The information must be obtained and reviewed 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 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. 14 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. 8.1.6 Pre -employment Breath Alcohol Testing Although. it is not MV Transportation's policy to test for alcohol on a pre- employment test, MVT does have 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 based on 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. 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. 15 8.3 Post -Accident Testing 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 3820303 (a)(1) or (b)(1). 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. 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. 28) 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 If the accident does not meet the FTAIFMCSA testing criteria, MVT will reserve the right to test any safety -sensitive employee after any accident/incident regardless of the severity of the accident/incident. Additionally, MVT will test any other safety -sensitive employee whose performance MVT determines could have contributed to the accident. 16 Under these circumstances it must be explained to the employee that the drug and alcohol tests will be done under M.V. Transportation authority and should be done on NON -DOT drug and alcohol chain of custody forms. Any employee who takes a post accident test will remain off duty until a negative drug test and alcohol test result is received. 8.4 Random Testing 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. 9.4 Conseauences 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 considered a positive alcohol test. The employee will be immediately removed from duty and referred to a Substance Abuse Professional (SAP) and terminated from employment. 9.2 Positive Drug Test The consequences of a posve 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. 17 10.0 MRO Report of a Negative Dilute Specimen 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 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 an employee has successfully completed a program of rehabilitation AV Transportation uses: American Substance Abuse Professionals, Inc. (ASAP) Nationwide Network www.go2asap.com 1 121 Clarkview Road, Suite 130, Baltimore, Maryland 21209 Contact: Nicole Hanratty, CEAP, SAP, C-DERT 88&792-2727 x177 Mention MV Transportation 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. 18 13.0 Employee Assistance Community Service Hot -Line The Center for Substance Abuse Treatment maintains a toll -free Referral Helpline 800-662-HELP National Mental Health Association 800-969-NMHA (6642) National Domestic Violence Hotline 800-799-SAFE National Suicide Hotline 800-SUICIDE (784-2433) National Child Abuse Hotline 8004224453 14.0 Records, Confidentiality A safety -sensitive employee is entitled, upon written request, to review and obtain copies of any records relating to the employee's drug and alcohol testing. MVT must maintain records of its substance abuse program in a secure location with controlled access. 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: Name: Esther Avalos, Director of Drug &Alcohol Compliance Address: 2711 N. Haskell Ave., Ste. 1500, LB-2, Dallas, TX 75204 Phone Number: 972-3914616 16.0 Local Authority 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. 18.0 Zero Tolerance Policy MV Transportation's "Zero Tolerance" Policy means any covered employee .that has a verified positive drug or alcohol test, or test refusal, will be immediately removed from his/her safety -sensitive position, referred to a Substance Abuse Professional (SAP), and will be terminated. 19 EXHIBIT A 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: Confirmatory test cutoff Initial test analyte Initial test cutoff 1 Confirmatory test analyte concentration 50 ng/mL3 THCA Mari uana metabolites HCA)2 .............. ................................. 15 n mL. 150 ng/mL 3 Benzoylecgonine Cocaine metabolite Benzo lec onine ... ............. 100 n /mL. 2000 ng/mL Codeine Codeine/ .................................................. ......................... ..............................1.. 2000 n /mL. Morphine Morphine ....................................... 2000 n /mL. 300 ng/mL Hydrocodone Hdrocodone/.......................................... ....................................... .....:........................... 100 nmL. Hydromorphone Hydromorphone 100 n /mL. 100 ng/mL oxycodone Oxycodone/ ........................................ 100 ngImL. ............................................. oxymorphone Oxymorphone 100 n /mL. 10 nglmL 6-Acetylmorphine 6-Ace Imo hine ............................... ............................ 10 n mL. ..................................... 25 ng/mL Phencyclidine Phencyclidine .......................................... 25 n mL. 500 ng/mL Amphetamine Amphetamine/ ......................... ...................... 250 nmL. ......................................... Methamphetamine Metham hetamine ................... 250 ngImLI MDMA 4/MDA 5 500 ng/mL MDMA 250 n mL. ...........1.1................... .............. MDA (ng/mL) nanograms per milliliter 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 20 EXHIBIT B The following is a general list of safety -sensitive functions and the Jolla 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 Training Manager 340 Lead Dispatcher 416 Safety Manager 550 Mechanic 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 112 Mechanic Class) 349 Scheduling 450 Classroom Instructor 563 Mechanic C (specify Union 113 Bo Repairman Manager Class) 300 General Manager 350 Scheduler 461 Classroom Trainer 564 Technician A Mechanic 301 General Manager 1 352 Scheduling Coordinator 470 Parts Manager 565 B Mechanic 302 General Manager 2 VA Coordinator 471 Assistant Parts 666 Technician C Mechanic Manager 303 General Manager 3Operations F354 Supervisor 475 Parts Clerk 567 Technician Apprentice 304 General Manager 4 355 Road Supervisor 500 Maintenance 568 Technician Manager 310 Division Manager 357 Where's My Ride 510 Assistant 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 Manager 515 Maintenance Clerk 572 Body Shop Technician Assistant Safety and Training Maintenance 322 Operations 400 Manager 516 Supervisor 575 Service Worker Manager 323 Operations405 Training Manager 517 Service Employee 580 Utility Crew supervisor or 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 Supervisor 411 Safety Training Supervisor 520 Shop Foreman 600 Driver Trainer 336 Drive Cam 415 Assistant Safety 530 Lead Mechanic 610 Driver Supervisor Manager Any M VT employee who has anon -safety -sensitive position, but who may perform a safety sensitive function at any time while they are working will be subject to random testing and will be included in the DOT random testing pool. 21 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. This is a "Zero Tolerance" policy and any reference to return to work after a positive test result does not apply to employees affected by this policy. The FTA does 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 Opioids. 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 release from a SAP. 22 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 can 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. 8. The employee must submit to a drug and/or alcohol test. Failure to cooperate with the collection procedure in any way constitutes a refusal to test which has the same consequences as a positive test result. 23 9. The employee is in a paid status throughout the random testing procedure. 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. Procedures for Random Tesf Nofificafion 1. The Human Resource Department triggers the selection list of the month's safety - sensitive 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 for testing after notification. 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 24 same consequences as testing "positive" for drugs/alcohol and will be given the name and number of a SAP and terminated from employment. Collection Procedures for Al! 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 be in a private 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 '/ 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} fora 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 My I s policy that any employee who does not provide a valid specimen during a collection for a test will remain off duty until the employee is cleared from the MRO that the employee had a valid medical 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. 1Nhenever there is reason to believe that an 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; both 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 to identify behaviors that might be indicators of drug use Al 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 26 supervisor must ensure that the employee does not continue to operate in a safety -sensitive function after identified for reasonable suspicion testing. 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) 27 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. Me 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. Vllith 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 of 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. Atypical 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 few 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 programs paid for by insurance companies. The material and services you buy cost more because of decreased worker productivity, as well as increased cost to employers. Fri 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: • Amphetamine • Marijuana • Phencyclidine (PCP) Facts about Arnphetaf►tines . Cocaine • Opioids • 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 ♦ Grinding teeth ♦ Loss of appetite and immediate weight loss ♦ Dry mouth ♦ Excessive talking Effects on Person ♦ More likely to take risks ♦ Impaired judgement 30 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. Signs and Symptoms of Cocaine Use ♦ Mood swings o Weight Loss ♦ Restlessness: Difficulty sitting or standing in one place ♦ Depression o 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 Mrijuana 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 effects 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. 31 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 ♦ Short-term memory loss o Loss of concentration ♦ 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 Opioids Opioids are classified as a narcotic analgesic. They tend to have a sedating, calming effect, and act as a depressant to the central nervous system. Opioids are more commonly known as morphine, codeine, hydrocodone, hydromorphone, oxycodone, oxymorphone, and heroin. Street names for Opioids are "junk", "smack", "horse", and "brown sugar". Opioids are prescribed by doctors to relieve pain, they can either be taken orally, injected or smoked. Some common names for these semi -synthetic opioids include OxyContin0, Percodan(D, Percocet@, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®. When the drug is injected, the user feels an immediate "rush usually followed by a very relaxed and soothing feeling. However, some Opioids 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 Opioid Use ♦ Mental confusion 32 e Slured speech ♦ Unsteadiness ♦ Hostility ♦ Memory loss ♦ Drowsiness o Excess talking o Euphoria ♦ Depression o 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 e Confusion ♦ Panic e 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 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. Signs and Symptoms of Use ♦ Dulled mental processes o 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] overtime 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, pharynx, esophagus, rectum, breast, and malignant melanoma. o Kidney disease, Pancreatitis, Ulcers ♦ Spontaneous abortion and neonatal mortality e Birth defects (up to 54% of all birth defects are alcohol related). Workplace Issues ♦ 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. 34 MV Transportation, Inc ACKNOWLEDGEMENT OF EMPLOYER'S DRUG AND ALCOHOL TESTING POLICY I, ,the undersigned, hereby Print Full Name 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 April 1 2018 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 655, as amended. I hereby acknowledge that I have participated in and completed the required minimum 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use 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. Signature of Employee Date Print Name 35