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

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(C)POST-ACCIDENT TESTING-As soon as possible following an accident,a post-accident drug and alcohol test shall be conducted when the following circumstances apply: 1. In a fatal accident: If the accident involves a loss of a human life, any surviving operator shall be tested. 2. In a non-fatal accident: If the accident involves the employer's public transportation vehicle, each covered employee operating the public transportation vehicle shall be tested, unless the employer determines that the covered employee's performance can be completely discounted as a contributing factor to the accident. The employer shall also test any other covered employee whose performance could have contributed to the accident. The non-fatal accident definition includes a person who as a result of the accident immediately receives medical treatment away from the scene of the accident or one or more vehicles incur disabling damage as a result of the accident, requiring the vehicle(s)to be transported away from the scene by tow truck or other motor vehicle. A non-fatal accident may also include some accidents in the operation of a vehicle where an individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident even though there is no vehicle collision, unless the covered employee can be completely discounted as a contributing factor to the accident. A covered employee that is required to undergo a post-accident drug and alcohol test as a result of the above circumstances will be immediately removed from performing safety-sensitive functions until the employer receives a negative drug test result. In the event of a negative test,employee to be paid for time not worked. If a positive test results,please refer to Section 10. If a post-accident breath alcohol test is not conducted within two hours following the accident, the employer shall prepare and maintain on file a record stating why the breath alcohol test was not promptly administered. If the breath alcohol test is not conducted within eight hours following the accident,the employer shall cease all attempts to complete the alcohol test and shall prepare and maintain a record stating why the breath alcohol test was not promptly administered. (See Attachment C) If a post-accident drug test is not conducted within 32 hours following the accident,the employer shall cease all attempts to conduct the drug tests and prepare and maintain,on file, a record stating why the drug test was not promptly administered. (See Attachment C) A covered employee who is subject to post-accident testing shall remain readily available for such testing or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people 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 medical care. (D) REASONABLE SUSPICION TESTING -All covered employees shall be required to submit to an alcohol and/or drug test when the employer determines that reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained supervisor or other trained public transportation official based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. (See Attachment E) An employer may direct a covered employee to undergo reasonable suspicion testing for alcohol only while the employee is performing safety-sensitive functions;just before the employee is to perform safety-sensitive functions;orjust after the employee has ceased performing such functions. If reasonable suspicion exists to require a covered employee to undergo a drug test, the employee will be immediately removed from performing any safety-sensitive functions and will be removed from service pending a negative drug test result. In the event of a negative test result, the employee will be paid for time missed. If a positive test result occurs, please refer to Section 10 of this policy. If a reasonable suspicion alcohol test is not conducted within two hours after observing the covered employee, the employer shall prepare and maintain on file, a record stating the reason why the test was not promptly administered. If the test is not conducted within eight hours after observing the covered employee,the employer shall cease attempts to conduct the test and prepare and maintain on file a record stating the reasons why the test was not administered. (E) RETURN TO DUTY TESTING—When a covered employee has violated a drug and/or alcohol regulation, the employer shall follow the procedures outlined in 49 CFR Part 40 before returning the employee to duty to perform a safety-sensitive function. The SAP will provide a follow-up evaluation letter to the employer and clearly state the employee has complied with his/her recommendations for education/treatment. If the employer is ready for the covered employee to return to safety-sensitive functions,a return to duty test will be scheduled.The employer will ensure that the return to duty drug collection is conducted under direct observation. (F)FOLLOW-UP TESTING—The employer shall conduct follow up testing of each employee who returns to duty,as specified in 49 CFR Part 40, Subpart O. The employer will ensure that all follow-up drug collections are conducted under direct observation. The Consortium can assist the employer in ensuring that follow-up testing is conducted in accordance with the plan established by the SAP. 5 1 P a 9 e ©2020 Mid-West Truckers Association FTA-89056 Rev.03.13.2024