R2024-93 Resolution Certifying and Adopting the FTA Drug & Alcohol Policy for the City of Decatur Transportation Services Department

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CONSORTIUM is the FTA Drug and Alcohol Testing Consortium (hereinafter called the Consortium)administered by the Mid-West Truckers Association. The Consortium is a service agent that provides and coordinates the provisions of a variety of drug and alcohol testing services through other service agents for its participants. COVERED EMPLOYEE means a person, including an applicant or transferee, who performs or will perform a safety-sensitive function for an employer subject to the FTA regulations. A volunteer is a covered employee if the volunteer is required to hold a commercial driver's license to operate the vehicle or the volunteer performs a safety-sensitive function for this entity subject to the FTA regulations and receives remuneration in excess of his or her actual expenses incurred while engaged in the volunteer activity.(See Attachment 1 for listing of covered employee job titles.) Employee means the same as Covered Employee. DER(DESIGNATED EMPLOYER REPRESENTATIVE)—An employee authorized by the public transportation to take immediate action to remove employees from safety-sensitive duties or cause employees to be removed from these covered duties and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer,consistent with the requirements of Part 40. DISABLING DAMAGE means damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. Inclusion means damage to a motor vehicle,where the vehicle could have been driven, but would have been further damaged if so driven. Exclusions mean damage that can be remedied temporarily at the scene of the accident without special tools or parts; tire disablement without other damage even if no spare tire is available; headlamp or tail light damage; or damage to turn signals, horn, or windshield wipers, which makes the vehicle inoperable. DOT means the U.S. Department of Transportation. DRUGS—The drugs for which tests are required under Parts 40 and 655. EMPLOYER means a recipient or other entity that provides public transportation service or which performs a safety-sensitive function for such recipient or other entity. This term includes sub-recipients,operators and contractors. INITIAL TEST(or screening test) -In drug testing, the test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites. In alcohol testing, it is an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath or saliva specimen. INVALID DRUG TEST is the result reported by an HHS-certified laboratory in accordance with the criteria established by HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test. LABORATORY — Any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; or, in the case of foreign laboratories,a laboratory approved for participation by DOT under Part 40. MRO (MEDICAL REVIEW OFFICER) is a licensed physician (Medical Doctor or Doctor of Osteopathy) responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results. The MRO must be knowledgeable of and have clinical experience in controlled substances abuse disorders, including detailed knowledge of alternative medical explanations for laboratory confirmed drug test results. The MRO must be knowledgeable of issues relating to adulterated and substituted specimens as well as the possible causes of specimens having an invalid result. The Consortium has secured a contract with the qualified MRO(see Attachment 1). PERFORMING A SAFETY SENSITIVE FUNCTION means a covered employee is considered to be performing a safety sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions. PRIMARY SPECIMEN - In drug testing, it is the urine specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purpose of validity testing. RECONFIRMED—The result reported for a split specimen when the second laboratory is able to corroborate the original result reported for the primary specimen. REFUSAL TO TEST(alcohol or controlled substances) means that a covered employee: 1) Fails to show up for any test(except a pre-employment test)within a reasonable time after being directed to do so by the employer; 2) Fails 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 is not considered to have refused to test; 3) Fails to provide a urine specimen or fails to attempt to provide a saliva or breath specimen for any drug or alcohol test as required by this policy and 49 CFR Parts 655 and 40, provided that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences for a pre-employment test will not be considered to have refused to test; 4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring in providing a specimen; 5) Fails to sign the certification at Step 2 of the Alcohol Testing Form; 6) Fails to provide a sufficient amount of urine or a sufficient amount of breath,when directed; unless it has been determined, through a required medical evaluation,that there was an adequate medical explanation for the failure; 7) Fails or declines to take an additional test the employer or collector has directed the covered employee to take; 2 1 P q 9 e ©2020 Mid-West Truckers Association FTA-89056 Rev.03.13.2024