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

Home Browse Search

8) Fails to undergo a medical examination or evaluation as directed by the MRO as part of the verification process,or as directed by the employer concerning the evaluation as part of the shy bladder or insufficient breath procedures. In the case of a pre-employment drug test,the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment; 9) Fails to cooperate with any part of the drug or alcohol testing process(e.g., refuses to empty pockets when directed by the collector, behaves in a confrontational way that disrupts the collection process,fails to wash hands after being directed to do so by the collector); 10) For an observed collection, fails to follow the observer's instructions to raise his/her clothing above the waist, lower clothing and underpants,and to turn around to permit the observer to determine if the covered employee has any type of prosthetic or other device that could be used to interfere with the collection process; 11) Possesses or wears a prosthetic or other device that could be used to interfere with the collection process; 12) Admits to the collector or the MRO that the covered employee has adulterated or substituted the specimen; It is also considered a refusal to test (which is the same as a positive test) when the covered employee refuses to test or when the MRO reports to the employer/Consortium that a covered employee has a verified adulterated or substituted drug test result. A covered employee who has refused to test will be immediately removed from performing safety-sensitive functions. The employer will provide the employee with names and phone numbers of SAP networks that will offer qualified SAPs available geographically to the employee. SAFETY SENSITIVE FUNCTION means any of the following duties: (1)Operating a revenue service vehicle, including when it is not in revenue service; (2)Operating a non-revenue service vehicle requiring a commercial driver's license; (3)Controlling the dispatch or movement of a revenue service vehicle; (4) Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service, unless the employer receives funding under 49 U.S.C.5311 and contracts out such services; or (5)Carrying a firearm for security purposes. SAMHSA(SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION) -The federal agency under the Department of Health and Human Services(DHHS)responsible for the certification of laboratories used as part of the drug-testing program.The Consortium has secured a contract with a DHHS/SAMHSA certified laboratory(see Attachment 1). SAP(SUBSTANCE ABUSE PROFESSIONAL)is a person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education,treatment,follow-up testing, and aftercare. (See Attachment 1 for listing of SAPs). SUBSTITUTED SPECIMEN is a urine specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine. VERIFIED TEST is a drug test result or validity test result from a DHHS/SAMHSA-certified laboratory that has undergone review and final determination by the MRO. Section 3 - PROHIBITED BEHAVIOR 49 CFR (Code of Federal Regulations) Parts 655 and 40 prohibit the use/misuse of controlled substances and/or alcohol by covered employees regulated by the FTA. No covered employee will consume any illegal drug at any time. All employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body above the minimum thresholds defined in Part 40. Prohibited drugs include: • Marijuana • Cocaine • Phencyclidine(PCP) • Opioids • Amphetamines Covered employees may be tested for drugs at any time during the workday. A covered employee shall be immediately removed from performing safety-sensitive functions after a positive,adulterated or substituted drug test result. No covered employee shall refuse to submit to a drug or alcohol test(see Refusal to Test definition in Section 2)when required in accordance with 49 CFR Parts 655 and 40. A covered employee shall be immediately removed from performing safety-sensitive functions when he/she refuses to submit to a drug or an alcohol test. The consumption of alcohol is prohibited while the covered employee is performing a safety-sensitive function. A covered employee shall be immediately removed from safety-sensitive functions while consuming or having consumed alcohol within four hours of reporting for such duties,or having a BAC of 0.04 or greater. No employer having knowledge of such conditions shall allow a covered employee to perform or continue to perform safety-sensitive functions. No covered employee required to take a post-accident alcohol test shall use alcohol for up to eight hours after an accident or until the post- accident test is completed. 3 1 P a g e ©2020 Mid-West Truckers Association FTA-89056 Rev.03.13.2024