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

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When a covered employee is on-call, the employer shall prohibit the covered employee from consuming alcohol for the specified on-call hours. On-call is defined as the covered employee being available by some means of a telecommunication device for a specified period of time,in order to report for duty if the need arises. The procedure shall include either the opportunity for the covered employee to acknowledge the use of alcohol at the time he/she is called to report to duty and his/her inability to perform his/her safety-sensitive function or the requirement that the covered employee take an alcohol test,if the covered employee has acknowledged the use of alcohol, but claims ability to perform his or her safety-sensitive function. A covered employee tested under Section 4 of this policy who is found to have an alcohol concentration of 0.02 or greater, but less than 0.04, shall be immediately removed from performing safety-sensitive functions. The employer shall not allow a covered employee to perform or continue to perform safety-sensitive functions until the start of the covered employee's next regularly scheduled duty period,but not less than 8 hours following the administration of the alcohol test or, until another alcohol test is conducted on the employee and the result is less than 0.02. Any covered employee who has an alcohol test result of 0.02 or greater,but less than 0.04,will be terminated. 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 FTA. All employees are subject to the provisions of the Drug-Free Workplace Act of 1988. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify the DER no later than five days after such conviction. The employer will provide the covered employee who has violated a drug and/or alcohol regulation with names and phone numbers of SAP networks that will offer qualified SAPs available geographically to the employee. Section 4—CIRCUMSTANCES FOR TESTING (A)PRE-EMPLOYMENT TESTING-Before allowing a covered employee or applicant to perform a safety-sensitive function for the first time, the employer must ensure the employee or applicant takes a pre-employment drug test and receives a verified negative result. Pre- employment alcohol testing will not be conducted. If a covered employee has not performed a safety-sensitive function for 90 or more consecutive calendar days, and the covered employee has not been in the random selection pool during that time, the employee must take and pass a pre-employment test before he or she can return to a safety-sensitive function. When a covered employee or applicant has previously failed or refused a pre-employment drug test administered under Part 655, the employee must provide the employer proof of having successfully completed a referral, evaluation and treatment plan as described in Part 655.62. If an applicant or employee's pre-employment drug test is canceled,the applicant or employee must take another pre-employment test and pass before the applicant or employee will be hired or the transferee will start any safety-sensitive function. (B) RANDOM TESTING—Testing rates will meet or exceed the minimum annual percentage rate set each year by the FTA Administrator. The current year testing rates can be viewed online at rittp://www.dot.gov/odapc/random-testing-rates. On a regular basis,the Consortium's service agent will,from the total group,randomly select by a computer-based random number generated program, that is matched with the membership numbers, the covered employees' names and their social security numbers, or other comparable identifying numbers. Under the selection process used, each covered employee shall have an equal chance of being selected each time selections are made. Once the Consortium's service agent generates the random selections, they will forward the random selections to the Consortium,who will notify the employers. If any of the employer's covered employees are selected,the employer will be given a date before which the covered employee must be tested per the random selection process. Failure of the employer to ensure the random testing is conducted within the time allotted will cause the employer to be out of compliance with the random testing requirement of 49 CFR Part 655.45. The employer shall ensure that random drug and alcohol tests conducted under the random testing regulations are unannounced and immediate. The employer shall also ensure that the random tests are spread reasonably throughout the year.Testing shall start in January and shall be continuous throughout the year.There will be no period during which the testing is halted. Testing will be conducted on all days and hours during which the public transportation service is in operation. A covered employee shall only be tested for alcohol while the covered employee is performing safety-sensitive functions, just before the covered employee is to perform safety-sensitive functions, or just after the covered employee has ceased performing such functions. A covered employee shall be tested for drugs anytime during the workday. RANDOM TESTING AT END OF SHIFT—Random testing may occur anytime an employee is on duty so long as the employee is notified prior to the end of the shift. Employees who provide advance,verifiable notice of scheduled medical or child care commitments to the employer will be random drug tested no later than three hours before the end of their shift and random alcohol tested no later than 30 minutes before the end of their shift. 4 1 P a g e ©2020 Mid-West Truckers Association FTA-89056 Rev.03.13.2024