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HomeMy WebLinkAboutMINUTES - 12191995 - SD16 tr , y W • I TO: BOARD OF SUPERVISORS FROM: Phil Batchelor, County Administrator DATE: December 19, 1995 SUBJECT: Alcohol and Drug Testing Policy SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION Adopt the attached Board of Supervisors ' Resolution establishing an alcohol and drug testing policy for County employees who operate commercial motor vehicles. This policy is required to implement the requirements of the Omnibus Transportation Employer Testing Act of 1991 and the rules of the United States Department of Transportation promulgated in 49CFR Parts 382 et seq. This is an emergency action which must be taken immediately under Government Code section 3504 .5 without prior meeting and conferring because the County is presently not in compliance with the federal regulations . Together with adopting the proposed resolution, the Board should direct the Employee Relations Officer to notify the affected employee organizations of the Board's action and offer to meet and confer at the earliest practicable time on such matters concerning the resolution as are within the scope of representation. CONTINUED ON ATTACHMENT: YES ON ATTACHMENT: YES SIGNATURES RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON December 19 , 1995 APPROVED AS RECOMMENDED x OTHER IT IS BY THE BOARD ORDEREDcihat Resolution No. 95/630 is ADOPTED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Admitistrator ATTESTED December 19 , 1995 cc: Risk Management PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Human Re�;otices CO T ADMINISTRATOR BY o , DEPUTY CONTACT: cc: SD. 16 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 19, 1995, by the following vote: AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None SUBJECT: Alcohol and Drug Testing ) Policy for County Employees ) Resolution No. 95/ 630 Who Operate Commercial Motor ) Vehicles ) The following rules are adopted to implement for Contra Costa County and all districts governed by the Board of Supervisors the requirements of the Omnibus Transportation Employee Testing Act of , 1991 and the rules of the Department of Transportation promulgated in 49 CFR Parts 382 et seq. 1 . POSITIONS COVERED AND DEFINITIONS 1 . 1 The Director of Human Resources shall designate positions that are subject to alcohol and drug testing as required by Federal law (See Attachment A) . Employees in these positions are hereafter referred to as "drivers . " 1 .2 As to drivers, the words "duty, " "driving duty, " "driving assignment, " and "operating a commercial motor vehicle" include, but are not limited to: i) All time on duty waiting to be dispatched. 2) All time inspecting, servicing, or conditioning any commercial motor vehicle . 3) All' time spent at the driving controls of a commercial motor vehicle. 4) All time other than driving time, spent in a commercial motor vehicle. 5) All time spent loading or unloading; attending, supervising or assisting in loading or unloading; or remaining in readiness to operate a commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded from a commercial motor vehicle. 6) All time spent repairing, obtaining assistance for or remaining in attendance upon a disabled motor vehicle. 1 . 3 "Commercial Motor Vehicle" means : 1) a vehicle with a gross combination weight of at least 26, 001 pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10, 000 pounds; 2) a vehicle with a gross vehicle weight of at least 26, 001 pounds; 3) a vehicle designed to transport 16 or more passengers, including the driver, or 4) a vehicle used to transport those hazardous materials found in the Hazardous Materials Transportation Act. 2 . PROHIBITIONS 2 . 1 No driver shall report for a driving assignment or remain on duty having a breath alcohol concentration of 0 . 02 or greater. Resolution No. 95/ 630 1 l 2 .2 No driver shall report for duty or remain on duty while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, or performance indicators of alcohol misuse. 2 . 3 No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol . 2 . 4 No driver shall use alcohol while operating a commercial motor vehicle . 2 . 5 No driver shall report for a driving assignment or operate a commercial motor vehicle within four hours after using alcohol . 2 . 6 No driver required to take a post-accident test shall use alcohol for eight hours following the accident. 2 . 7 No driver shall report for a driving assignment or remain on duty when the driver uses any controlled substance (s) (hereinafter referred to as "drug (s) ") , including those substances listed in Attachment B. Drivers shall report to their supervisor the use of any prescription drug listed in Attachment B after receiving the prescription and prior to any driving assignment. 2 . 8 No driver shall report for a driving assignment or remain on duty if the driver tests positive for drugs . 2 . 9 No driver shall refuse to submit to a post-accident alcohol or drug test, a random alcohol or drug test, a reasonable suspicion alcohol or ,drug test or a follow-up alcohol or drug test . 3 . ALCOHOL AND DRUG TESTING REQUIREMENTS 3 . 1 Pre-Employment and Pre-Assignment Testina a. Pre-Employment -- Job announcements for covered positions shall specify that drug screening shall be part of the examination. b. Pre-employment drug tests will be conducted when an individual is offered a position covered by this policy, contingent upon passing drug tests . Applicants who refuse a test, or test positive for any drug will not be appointed and are not entitled to a retest . C. Pre-assignment -- No driver may receive or carry out a driving assignment unless first: 1) The driver has been administered an alcohol test with a result indicating an alcohol concentration less than 0 . 02, and 2) The driver has received a drug test result from a medical review officer indicating a verified negative test result . 3 .2 Random Testing a. All drivers are subject to unannounced alcohol and drug testing based on random selection. b. For alcohol testing, the number of drivers tested per year shall equal at least 250 of the total number of drivers . The random alcohol test must be administered just prior to, during, or just after the employee has performed driving duties . C. For drug testing, the number of drivers tested shall equal at least 500 of the total number of drivers . Resolution No. 95/ 630 2 d. The number of drivers subject to random drug and alcohol tests will be evaluated after the second year of the program and this number may be adjusted based on the number of violations . e . To assure that the selection process is random, all drivers will be placed in a common pool . f. Drivers who are randomly selected for testing will be notified at the time of the test, and they will remain in the common pool after testing. 3 . 3 Post-Accident Testing Every driver of a County commercial motor vehicle which is involved in an accident shall report for and receive alcohol and drug testing within two hours of the accident if able, and otherwise at the earliest possible time, not less than 8 hours as to alcohol and 32 hours as to drugs, when: a. The accident involved the loss of a human life; or b. The driver received a citation for a moving traffic violation arising from the accident; or C. Any person suffered an injury requiring immediate treatment away from the scene of the accident, or d. The accident resulted in disabling damage to any vehicle requiring it to be towed from the scene. 3 . 4 Reasonable Suspicion Testing a. Every driver shall be required to submit to an alcohol test within two hours at the direction of the driver' s trained supervisor, when the supervisor has reasonable suspicion, based on specific, contemporaneous, articulable observations concerning the driver' s appearance, behavior, speech, or body odors, made during, just preceding, or just after the work period, to believe that the driver has violated the prohibitions expressed in Part 2 above concerning alcohol . b. Every driver shall be required to submit to a drug test within two hours at the direction of the drivers ' trained supervisor, when the supervisor has reasonable suspicion, based on specific, contemporaneous, articulable observations concerning the driver' s appearance, behavior, speech, or body , odors, to believe that the driver. has violated the prohibitions expressed in Part 2 above concerning drugs . The observations may include indications of the chronic and withdrawal effects of drugs . C. Within 24 hours after observation of a reasonable cause event, the observing supervisor will document in writing a description of the behavior or performance indicators leading to the test. 3 . 5 Return-to-Duty Testing a. Before a driver may return to duty after engaging in conduct prohibited by Part 2 above concerning alcohol, the driver must undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0 . 02 . b. Before a driver may return to duty after engaging in conduct prohibited by Part 2 above concerning drugs, the driver must undergo a return-to-duty drug test with a result indicating a verified negative result for drug use. Resolution No. 95/ 630 3 C. Refer to Section 5 for other requirements to be met before returning to duty. 3. 6 Follow-Up Tests. Drivers who engage in conduct prohibited by Part 2 above are required to submit to at least six unannounced follow-up alcohol and/or drug tests within one year, together with additional unannounced tests as directed by a responsible Substance Abuse Professional, in the event they return to work. Follow-up tests must be administered just prior to, during, or just after the employee has performed driving duties . 4 . CONSEQUENCES OF DRIVER VIOLATIONS 4 . 1 Drivers who engage in conduct prohibited by Part 2 are subject to administrative/disciplinary measures, may not receive or perform a driving assignment, and shall be placed on leave of absence until the driver has received referral, evaluation and treatment, and has qualified for return-to- duty, as described in Section 5 below. With the first positive test result, the County may impose administrative/disciplinary measures, up to and including dismissal . With the second positive test result, the employee will be dismissed. 4 . 2 Drivers may not self-identify as unfit for duty after having been notified of a random, reasonable suspicion, post-accident, or follow-up test to avoid the consequences of a positive test or a refusal to test . 4 . 3 Drivers who fail or refuse to comply with any test requirement expressed in Part 3, or who fail or refuse to obtain referral, evaluation, and treatment, including required certification to the County, pursuant to Section 5. 3 (a) , will be dismissed. 4 . 4 Leave of absence pursuant to section 4 . 1 shall be without pay, and employees on such leave will not be entitled to accrue paid leave benefits . However, such employees will be allowed to use accrued paid leave benefits, including sick leave, in accordance with County policy, but subject to any disciplinary action. 4 . 5 Drivers notified of a positive test result shall contact a Substance Abuse Professional within 72 hours to arrange for an appointment and shall notify his/her supervisor by the beginning of the next work shift . Failure to do so will result in dismissal . 5. REFERRAL, EVALUATION, AND TREATMENT 5. 1 Each driver who has tested positive for drugs or alcohol shall be referred to a Substance Abuse Professional for counseling and treatment, and shall be given information as to available resources for evaluating and resolving alcohol misuse and use of drugs . All counseling and treatment shall be at the driver' s expense . 5.2 Each driver who has tested positive for alcohol or drugs shall be evaluated by a Substance Abuse Professional who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and/or drug use. 5.. 3 Before a driver who has engaged in conduct prohibited by Part 2 and whose driving is otherwise permitted may return to driving duties : a. A Substance Abuse Professional must certify in writing to the County that the driver has complied with all recommendations made for assistance in resolving the driver' s alcohol misuse and/or ' drug use, and state what follow-up testing is required. Resolution No. 95/ 630 4 b. The driver must take and successfully pass the return-to-duty tests required by Part 3 . 5. 5 . 4 Self-Referral - Prior to the first time a driver tests positive under this program, the driver may self-refer to the Employee Assistance Professional, to a Substance Abuse Professional, to a community drug and alcohol treatment resource, or contact their health plan for confidential assistance in resolving personal issues or treatment of alcohol or drug problems . All counseling and treatment shall be at the driver' s expense . Drivers voluntarily seeking to avoid conduct which violates this policy will be entitled to use leave accruals . 6. PROGRAM MANAGEMENT 6. 1 The drug and -.alcohol program for drivers shall be managed by the Risk Manager. 6.2 The records required by law shall be developed and maintained by the Risk Manager and the agency which provides alcohol and drug testing services . 6 . 3 The Director of Human Resources shall provide a minimum of 60 minutes of training on alcohol abuse and an additional minimum of 60 minutes of training on drug use to the supervisors of drivers who are thereafter designated as persons who shall determine whether reasonable suspicion exists to require a driver to undergo alcohol or drug testing. 6 . 4 Every driver shall be given a copy of this policy and shall acknowledge the receipt thereof. (Attachment C) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Sup Isors on te date shown. ,r ATTESTED: Q,e.b41L�..^ PHIL BATCHELOR,Clerk of the Board Supervisoaand Count A Inistrator 0 BY ,Deputy C Resolution No. 95/ 630 5 ATTACHMENT A ALCOHOL AND DRUG TESTING REQUIREMENTS DESIGNATED POSITIONS The following positions and such others as may be designated by the Director of Human Resources are subject to alcohol and drug testing as required by federal law: DOT CODE Local 1 0061 Airport Operations Specialist (9BVB) 0474 Asst. Public Works Maintenance Coord. . (PSSE) 9554 Community Services Bus Driver (9554) 6182 Equipment Operator II (PSTA) 6181 Equipment Operator I (PSVA) 0103 Equipment Mechanic (PMWB) 0153 Laborer (PSWB) with Commercial Drivers ' License 0062 Lead Airport Ops . Specialist (9BTA) 0210 Road Mtce. Carpenter Appr. (PSWD) 3191 Sr. Veg. Mgmt. Technician (PSTD) 0231 Specialty Crew Leader (PSTC) 0236 Storeroom Clerk (9IWC) 2632 Weights & Measures Inspector II (BMVA) 2633 Weights & Measures Inspector III (BWTB) 2671 Work Program Crew Leader I (GPT2) 2672 Work Program Crew Leader II (GPTC) DSA 0078 Deputy Sheriff (6XWA) Management 1241 Fleet Manager (PMFB) 1242 Fleet Service Center Supv. (PMHC) 0450 Public Works Mtce. Supt. (PSGA) with Commercial Drivers ' License 0201 Public Works Mtce. Supv. (PSHB) with Commercial Drivers ' License 2634 Supv. Weights & Measures Insp. (BWHA) Department Codes 33 Agriculture 54 Health Services 59 Community Services 65 Public Works 66 General Services 25 Sheriff-Coroner Resolution No . 95/ 630 1 ATTACHMENT B ALCOHOL AND DRUG TESTING REQUIREMENTS CONTROLLED SUBSTANCES Any of the illicit, over-the-counter, or professionally prescribed psycho-active drugs, including but not limited to the drugs listed below, are controlled substances : .Amphetamines Barbiturates Benzodiazepines Cannabinoids Cocaine Ethanol Methadone Methaqualone Opiates Phencyclidine Propoxyphene Resolution No . 95/ 630 ATTACHMENT C ACKNOWLEDGE 4MT/RECEIPT FORM Federal Highway Administration/Commercial Drivers I hereby acknowledge that I have received a copy of the County' s Alcohol and Drug Testing Policy concerning alcohol and drug testing as required by the Federal Highway Administration (FHWA) , 49 CFR .Part 382 . I have read and understand the provisions outlined in the County' s Alcohol and Drug Testing Policy and agree to ; comply with all the requirements contained therein. If I have any questions about this policy, I can ask my supervisor. I understand that compliance with the Alcohol and Drug Testing Policy is a condition of employment with the County and that disciplinary action may be taken if I violate the policy. Employee Signature Date Witness Resolution No. 95/630