280City of Anaheim Administrative Regulation
CHAPTER 2 — EMPLOYMENT PROCEDURES
Subject: Alcohol and Controlled Substance A.R. 280
Testing of Employees with Commercial Issue Date: May 24, 1995
Drivers Licenses Revised: November 2, 2016
Page (1) of (13)
Purpose:
The purpose of this administrative regulation is to establish that the City of Anaheim
intends to comply with regulations established by the Omnibus Transportation Employee
Testing Act of 1991, the Federal Highway Administration, the Federal Aviation
Administration and the Department of Transportation regarding alcohol and controlled
substances testing and recordkeeping (collectively, the "Federal Regulations"). This
administrative regulation shall apply only to those employees who: (1) hold a commercial
driver's license (CDL), (2) are identified as performing or assigned to be performing
safety -sensitive functions as part of their job duties for the City of Anaheim, 3) are
employed in positions requiring a pilot's license and (4) are considered to be covered by
the Federal Regulations.
The Federal Regulations mandated that specific policies shall be emplaced and enforced.
It is the city's intent to be in direct and strict compliance with all requirements under the
Federal Regulations. Any employee holding a commercial driver's license or a pilot's
license, and who is identified as performing or assigned to be performing a safety -
sensitive function, is required to submit to alcohol and controlled substances testing in
accordance with the Federal Regulations. Also, any alcohol misuse or drug use that
could affect performance of safety -sensitive functions is prohibited. This prohibition
includes alcohol use during the four-hour period before performing safety -sensitive
functions; and the use of any drug, except by doctor's prescription, and then only if the
doctor has advised the driver that the drug will not adversely affect the driver's ability to
safety operate a motor vehicle.
Definitions:
"Alcohol'— the intoxicating agent in beverage alcohol, ethyl alcohol or other
low molecular weight alcohols including methyl and isopropyl alcohol.
"Alcohol concentration (or content)" — the alcohol in a volume of breath
expressed in terms of grams of alcohol per 210 liters of breath as indicated by an
evidential breath test.
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"Alcohol use" — the consumption of any beverage, mixture or preparation
including any medication containing alcohol.
"Commercial Drivers' License (CDL) " — a Class A or B vehicle license.
"Commercial Motor Vehicle" — any vehicle weighing over 26,001 Gross
Vehicle Weight Rating (GVWR); any vehicle requiring placarding under
Hazardous Material regulations; or any vehicle designed to transport 16 or more
passengers, including the driver.
"Covered Employee " — any City employee who operates a commercial motor
vehicle or performs flight duties and maintenance activities as outlined in 14
CFR Part 120.
"Drugs/Controlled Substances " — Amphetamines, Cocaine, Marijuana, Opiates
(heroin, etc.), and Phencyclidine (PCP).
Five (S) Panel Drug Test" — the five (5) categories of drugs established by the
FHWA which fall under the class of "Controlled Substances", per this standard.
These drugs are Amphetamines, Cocaine, Marijuana, Opiates and Phencyclidine.
Medical Review Officer (MRO) " — a licensed physician certified to review
and interpret all drug tests before they are reported to the City.
Memorandum of Understanding (MOU) " — written Agreements of rights and
responsibilities between various employee groups and the City.
"Premises " — buildings, property, work areas, vehicles, parking lots and any
place the employee happens to be working during the course and scope of City
employment during regular working hours, breaks or during any paid status.
"Pre -Employment Physical Exam" — a physical evaluation conducted before
applicants are hired or after an offer to hire, but before performing safety -
sensitive functions for the first time. Physicals may also be required when
current employees transfer to a safety -sensitive position.
Prescription Drugs " — any drug or medication prescribed by a licensed
physician for a medical condition. Use of prescribed drugs is not in direct
violation of the City's policy; however, inappropriate use of prescribed drugs use
that may cause significant impairment, thus creating a safety hazard on the job, is
in direct violation of this policy.
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"Reasonable Suspicion " — a belief based on "objective facts" sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the
influence of drugs and/or alcohol so that the employee's ability to perform
his/her job functions is impaired, or so that the employee's ability to perform
his/her job safely is reduced.
"Safety -Sensitive Duties " — when an employee is required to drive one of the
following vehicles:
1. A vehicle with 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 rating of at least 26,001 pounds;
3. A vehicle designed to transport 16 or more passengers, including the
driver; or
4. A vehicle designed to transport those hazardous materials found in
the Hazardous Materials Transportation Act.
5. Or any employee who performs a safety -sensitive function listed in 14
CFR Part 120.105 and 120.215 (FAA Drug and Alcohol Testing
Program).
"Safety -Sensitive Personnel" — employees who hold a commercial drivers'
license and who operate a commercial motor vehicle on a full-time, part-time or
intermittent basis, or those employees who perform flight duties and
maintenance activities as outlined in 14 CFR Part 120.
"Substance Abuse Professional" — a licensed physician, licensed or
certified psychologist, social worker, employee assistance professional, or an
alcohol and drug abuse counselor certified by the National Association of
Alcohol and Drug Abuse Counselors (NAADAC) Certification Commission.
All persons listed must have specific knowledge of and clinical experience in the
diagnosis and treatment of alcohol and drug -related disorders in order to qualify
as Substance Abuse Professionals.
"Zero Tolerance Policy" — the policy and practice by which the City will
terminate employees who violate this Policy as stated herein.
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Responsibilities
A. Department Heads shall:
1. Ensure that this Policy is implemented within their department.
2. The department head has the authority to delegate any or all
portions of this Policy to staff, but the department head will be held
responsible for compliance.
B. Division Managers and Supervisors shall:
1. Implement all aspects of this Policy within their divisions/sections
as applicable.
2. Ensure that monthly random alcohol and controlled substances
tests are completed.
3. Immediately report all reasonable suspicion incidents to the Safety
Manager or Risk Manager who will evaluate the need for follow
up, which may include alcohol and/or controlled substances
testing.
C. Employees shall:
1. Adhere to all aspects of this Policy.
D. Safety Manager shall:
1. Update and maintain this Policy.
2. Maintain the random drug and alcohol testing program.
3. Ensure that 50% of the random pool is tested for controlled
substances and 10% of the random pool is tested for alcohol use,
annually.
Procedure
A. Covered Employees: The identification of covered positions can be
modified at any time at the discretion of the City, though the inclusion
of some positions may require a "Meet and Confer or Consult" session
with the affected employee Association.
The following is a list of positions in which the incumbent employee(s)
must hold and maintain a commercial driver's license for the purpose of
operating a Class A or B commercial motor vehicle or perform flight
duties and maintenance activities as outlined in 14 CFR Part 120.
Positions mandating a commercial driver's license are followed by
"Required". Commercial driver's licenses for positions that do not
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Page (5) of (13)
contain "Required" are discretionary and the employee may elect, at
any time, not to maintain a commercial license. Regardless of the
distinction between "Required" and "Discretionary", all employees who
hold a commercial license for the purpose of operating a Class A or B
commercial motor vehicle or perform flight duties and maintenance
activities as outlined in 14 CFR Part 120. for City Business are subject to
the rules of this Policy unless otherwise stated.
In addition to the positions listed below, there may be positions not
identified at the time this Policy was amended that are subject to the
requirements stated herein. Whenever practical, this Policy shall be
amended to include those positions.
1. Communily Services
a. Library Bookmobile Clerk (Required)
b. Part -Time Library Bookmobile Clerk
2. Police
a. Police Officer -Helicopter Pilot (Required)
b. Police Sergeant -Helicopter Pilot (Required
c. Helicopter Mechanic (Required)
d. Bailiff (Required)
e. Corrections Officer
3. Public Works
a.
Vehicle Technician II
b.
Vehicle Technician III (Required)
C.
Fleet Supervisor
d.
Fleet Acquisition Administrator
e.
Street Maintenance Worker II (Required)
f.
Street Maintenance Worker III (Required)
g.
Lead Street Maintenance Worker (Required)
h.
Motor Sweeper Operator (Required)
i.
Heavy Equipment Operator (Required)
j.
Maintenance Coordinator
k.
Laborer
1.
Public Works Operations Crew Supervisor (Required)
M.
Sewer Machine Operator (Required)
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4. Public Utilities
a.
Apprentice Line Mechanic (Required)
b.
Line Mechanic (Required)
C.
Electric Crew Supervisor (Required)
d.
Utilities Troubleshooter (Required)
e.
Utilities Troubleshooter Supervisor (Required)
f.
Apprentice Substation Electrician (Required)
g.
Substation Electrician (Required)
h.
Substation Electrician Supervisor (Required)
i.
Warehouse and Toolroom Worker (Required)
j.
Utilities Yard Working Supervisor (Required)
k.
Apprentice Water Production Technician (Required)
1.
Water Production Technician (Required)
M.
Water Production Technician Supervisor (Required)
n. Water Meter Working Supervisor
o. Apprentice Maintenance Pipefitter (Required)
P. Maintenance Pipefitter (Required)
q. Maintenance Pipefitter Working Supervisor (Required)
Pre -Employment Testing
All applicants for classifications which are covered by the DOT
regulations (see "Covered Employees"), as well as, all employees who
transfer or promote to classifications which are covered, will be required
to submit to pre-employment/pre-duty alcohol and controlled substances
testing. Applicants who are subjected to pre -employment alcohol and
controlled substances testing and who test "positive" for alcohol and/or a
controlled substance (s) shall be denied employment.
Current employees who submit to an alcohol and/or controlled
substances test because they have applied for a transfer or promotion
into a classification with such requirement and who test "positive" for
alcohol and/or a controlled substance (s) will be denied the position and
may be subject to disciplinary action up to and including termination.
The City shall, pursuant to the applicant's written authorization, inquire
about the following information on a driver from the driver's
previous employers (except for current City employees who have been
employed by the City for at least two (2) years), during the two (2) years
preceding the date of application:
1. Alcohol tests with a result of 0.04% alcohol concentration or greater;
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2. Verified positive controlled substances test results; and,
3. Refusals to be tested.
The information must be obtained and reviewed by the Safety Manager
or Human Resources Analyst prior to extending any offer of
employment.
Post -Accident Testing
As soon as practical following an occurrence/accident involving a
commercial motor vehicle operated on a public road, the City shall test
each surviving driver for alcohol and controlled substances who:
1. Was performing safety -sensitive functions with respect to the
vehicle, if the accident involved the loss of human life; or,
2. Received a citation under State or local law for a moving
violation arising from the accident, if the accident involved:
a. Bodily injury to any person who, as a result of the
injury, immediately receives medical treatment away from
the scene of the accident; or,
b. One (1) or more motor vehicles incurring disabling damage
as a result of the accident, requiring the motor vehicle to be
transported away from the scene by a tow truck or other
motor vehicle.
3. The Driver must remain readily available for testing. If the driver
isn't readily available for alcohol and drug testing, he/she may be
deemed as refusing to submit to testing. A driver involved in an
accident may not consume alcohol for 8 hours or until testing is
completed.
If the alcohol test is not administered within 2 hours following
the accident, the Division Manager will prepare a report and
maintain a record stating why the test was not administered
within two hours. If the alcohol test is not administered within 8
hours following the accident, all attempts to administer the test
will cease. A report and record of why the test was not
administered will be prepared and maintained. The drug test
must be administered within 32 hours of the accident. If the test
could not be administered within 32 hours, all attempts to
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test the driver will cease. The Division Manager will prepare a
report and maintain a record stating why the test was not
administered within 32 hours.
The Safety Manager or Risk Manager shall be notified
immediately of such accidents and will advise the applicable
supervisor(s) of the proper procedures for post -accident testing.
A covered employee, who is subjected to post -accident alcohol
and/or controlled substances testing and who tests positive for
alcohol and/or a controlled substance under the guidelines of this
Policy, shall be terminated.
Random Testing
The City of Anaheim will conduct random testing for all drivers as
follows. The City will use a citywide selection process based on a
scientifically valid method, prescribed by FMCSA regulations. The
Safety Manager will generate or receive a random testing selection
report from a third party administrator of random testing candidates and
will notify the respective supervisors on unannounced dates during the
testing period. The supervisors shall ensure that the random alcohol and
controlled substances tests conducted under this section are
unannounced.
1. A covered employee, who is subjected to a random alcohol
and/or controlled substances test and who tests positive for
alcohol and/or a controlled substance(s) under this Policy, shall
be terminated.
2. The City will subject at least 10% of the total number of
covered employees to random alcohol testing per year, and at
least 50% of the total number of covered employees to random
controlled substances testing per year; however, the Federal
Highway Administration and Federal Aviation Administration
may decide to increase or decrease the Safety Rules minimum
annual percentage rates based on the reported violation rate for
the industry.
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Reasonable Suspicion Testing
Covered employees are also required to submit to an alcohol and/or
controlled substances test when a trained supervisor has "reasonable
suspicion" to believe that the employee is under the influence of alcohol
or a controlled substance.
The basis for this decision will be specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech, or body odors
of the drivers. The driver's Supervisor or another Manager will
immediately remove the driver from any and all safety -sensitive
functions and take the driver or make arrangements for the driver to be
taken to a testing facility. The observation must be based on short-term
indicators, such as blurry eyes, slurred speech, detected alcohol on the
breath, etc. The supervisor may not rely on long-term signs, such as
absenteeism or tardiness to support the need for a reasonable suspicion
test. The witness or witnesses must directly observe the behavior.
Hearsay or second- hand information is not sufficient cause to require an
employee to submit to an alcohol and/or controlled substances test.
1. The suspected conduct shall be verified by at least one (1)
supervisor. Said supervisor shall have received a copy of this
Policy and shall adhere to the guidelines for making a
determination of reasonable suspicion. An Observed
Behavior/Reasonable Suspicion Record shall be used to
document reasonable suspicion.
2. Once a reasonable suspicion determination is made, it is the
responsibility of the employee's supervisor to ensure that the
employee under suspicion is evaluated and when necessary,
transported to a specimen collection site to provide a urineibreath
sample.
3. Any driver tested for reasonable suspicion shall be denied
commercial motor vehicle driving privileges until the test
results are received from the City's Medical Review officer
(MRO).
4. The reasonable suspicion test shall be administered immediately,
and in no case will a test be administered more than eight (8)
hours following the observation.
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5. To ensure that supervisors are trained to make reasonable
suspicion determinations, supervisors vested with the authority to
demand a reasonable suspicion test shall attend at least 60
minutes of training on alcohol misuse and at least 60 minutes of
training on controlled substances use. The training shall cover
the physical, behavioral, speech and performance indicators of
probable alcohol misuse and use of controlled substances.
Refresher training shall be conducted bi-annually.
6. A covered employee, who is subjected to reasonable testing and
who tests "positive" for alcohol and/or a controlled substance
under the guidelines of this Policy, shall be terminated.
Prohibitions
In addition to adopting a Zero Tolerance Policy for the DOT testing
listed in this policy, the City has also adopted a Zero Tolerance Policy
(termination of employment) for violating any of the prohibitions listed
below. Although covered employees may not be under the influence or
in possession of controlled substances or alcohol during working hours,
the regulations of the FHWA & FAA prohibit certain conduct (listed
below) while performing, and prior to performing, safety -sensitive
functions:
1. Reporting for duty or remaining on duty requiring the
performance of safety- sensitive function while having an
alcohol concentration level of 0.04% or greater;
2. Performing a safety -sensitive function within four (4) hours of
using alcohol;
3. Being on duty or operating a vehicle described herein while
possessing alcohol;
4. Using alcohol while performing a safety -sensitive function;
5. Reporting for duty or remaining on duty requiring the
performance of safety -sensitive functions when the employee
used any controlled substances, except if the use is pursuant to
the instructions of a physician who has advised the employee that
the substance does not adversely affect the employee's ability to
safely operate a vehicle;
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6. Reporting for duty or remaining on duty requiring the
performance of safety- sensitive functions if the employee tests
positive for controlled substances;
7. Refusing to submit to any alcohol or controlled substances test
required by this Policy;
8. Consuming alcohol during the eight (8) hours immediately
following an accident, unless the employee has been informed that
his/her action(s) have been discounted as a contributing factor, or
if the employee has been tested.
Conseauences for Emnlovees Found to have Alcohol Concentration
Levels of 0.02% or Greater but less than 0.04%: An employee whose
alcohol test indicates an alcohol concentration level between 0.02% and
0.04% will be removed from his or her safety- sensitive position for at
least eight (8) hours.
The employee may not be disciplined based solely on test results
showing an alcohol concentration of less than 0.04%; however, this does
not preclude the supervisor from imposing disciplinary action, up to and
including termination, if the test result is combined with some other
violation or act (i.e. vehicular accident, property damage or inappropriate
behavior/conduct).
Before the employee may be returned to his/her safety -sensitive position,
the employee shall undergo a return -to -duty alcohol test with a result
indicating an alcohol concentration of less than 0.02%.
PROCEDURES TO BE USED FOR DETECTION OF DRUGS AND ALCOHOL
A. Alcohol Testing: Alcohol testing shall be conducted by using an
Evidential Breath Testing Device (EBT) approved by the National
Traffic Safety Administration or by a urine test.
If an EBT test is used, a screening test shall be conducted first. If
the result is an alcohol concentration level of less than 0.02%, the test
will be considered a "negative" test. If the alcohol concentration level
is 0.02% or more, a second confirmation test shall be conducted. If a
urine test is conducted and "tests positive", a confirmation test shall be
conducted.
City of Anaheim Administrative Regulation 280
Page (11) of (13)
The procedures to be utilized by the medical clinic for collection and
testing of the specimen are attached hereto as Attachment B.
B. Controlled Substances Testing: Controlled substances testing
shall be conducted pursuant to the procedures set forth below:
1. The urine specimen shall be split into two bottles labeled as
"primary" and "split" specimen; both bottles shall be sent to the
lab. If the urinalysis of the "primary" specimen "tests positive"
for the presence of a controlled substance, the employee has 72
hours to request that the "split" specimen be analyzed by a
different certified lab;
2. The urine sample shall be tested for the following controlled
substances: Marijuana, Cocaine, Opiates, Amphetamines and
Phencyclidine;
3. If the test is "positive" for one (1) or more of the controlled
substances as defined, a confirmation test shall be performed
using gas chromatography/mass spectrometry analysis;
4. All controlled substance test results shall be reviewed and
interpreted by the MRO, before they are reported to the employee
and then to the City;
5. With all "positive" controlled substances tests, the MRO shall
attempt to contact the employee (as confidentially as possible) to
determine if the employee can provide an alternative medical
explanation for the "positive" test result. If document is provided
and the MRO determines that there was a legitimate medical use
for the prohibited controlled substance, the test result may be
reported by the MRO to the City as "negative".
C. Refusal to Submit to an Alcohol and/or Controlled Substances Test: A
covered employee who refuses to submit to any required alcohol and/or
controlled substances test shall be terminated.
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Page (12) of (13)
D. Custodian of Records: All employee records required for retention by
the City will be retained by the Human Resources Department. The
custodian of records will be the Safety Manager. The following records
will be retained for the period stated:
1. Retention period of five (5) years:
a. Alcohol tests indicating an alcohol concentration of 0.02%
or greater;
b. Verified "positive" controlled substances test results;
C. Refusals to submit to required alcohol or controlled
substances tests;
d. Substance Abuse Program evaluations and referrals;
e. Driver evaluations and referrals;
f. Records related to the administration of the alcohol and
controlled substances testing program; and,
g. A copy of each annual calendar year random
alcohol/controlled substances testing summary.
2. Retention period of two (2) years:
a. Records related to the alcohol and controlled substances
collection process.
3. Retention period of one (1) year:
a. "Negative" and cancelled controlled substances tests and
alcohol tests with a concentration of less than 0.02%.
4. Variable retention:
a. Records related to the education and training of
supervisors and drivers shall be maintained by the City
while the individual performs the functions which require
the training and for two (2) years after ceasing to perform
those functions.
CONFIDENTIALITY
Confidentially will be maintained to the highest degree possible in the
administration of this Policy so as to protect the privacy of the individual
involved. Laboratory reports and test results shall not appear in any
employee's personnel file. Information of this nature will be contained in a
separate confidential medical folder that will be kept exclusively under the
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Page (13) of (13)
control of the Human Resources Department. Reports or test results may be
disclosed to City management on a strictly need -to -know basis and to the
tested employee upon request. Disclosures, without patient content, may also
occur when: (1) the information is compelled by law or by judicial or
administrative process; (2) the information has been placed at -issue in a
formal dispute between the City and employee; (3) the information is to be
used in administering an employee benefit plan, and/or (4) the information is
needed by medical personnel for diagnosis or treatment of the patient who is
unable to authorize disclosure.
Coordination with Other City Administrative Regulations and Policies
This administrative regulation applies to a specific group of employees as set forth in the
purpose section, above. However, the inclusion of an employee in this group does not
exempt such employees from being subject to all other applicable administrative
regulations and policies.
Conflicts in Regulations
In the event of any conflict between the provisions of (1) this administrative regulation;
(2) the Federal Regulations; (3) any other policy or administrative regulation of the City,
such conflicts shall be resolved by applying such provisions in the following order of
precedence (from highest to lowest); the Federal Regulations, the Policy Manual and
Procedures adopted hereunder, this administrative regulation, and any other city policy or
administrative regulations.
Attachment: Observed Behavior Reasonable Suspicion Record
City of Anaheim
OBSERVED BEHAVIOR -REASONABLE SUSPICION RECORD (Appendix A)
Purpose of Form: A supervisor trained in accordance with 49 CFR 382.603 shall require a covered employee to submit to a drug and
alcohol test based on direct observation of current, specific, describable observations concerning such things as the appearance,
behavior, speech or body odors of the employee. If appropriate tests are not promptly administered, an explanation should be provided.
Observation: Location:
Address:
Date Observed:
Time Observed: (from am/pm: to am/pm)
REASONABLE SUSPICION DETERMINED FOR: _ Alcohol _ Drugs
Mark items that apply and describe specifics
1.
WALKING/BALANCE:
Stumbling
Staggering
Falling
Unable to Stand
Swaying
Unsteady
Holding on
Rigid
Sagging at knees
Feet wide apart
2.
SPEECH:
Shouting
Whispering
Slow
Rambling
Slurred
Slobbering
Incoherent
3.
ACTIONS:
Resisting communications
Insulting
Hostile
Drowsy
Fighting/insubordinate
Profanity
Threatening
Erratic
Hyperactive
Crying
Indifferent
4.
EYES:
Bloodshot
Watery
Dilated
Glassy
Droopy
Closed
Wearing sunglasses
5.
FACE:
Flushed
Pale
Sweaty
6.
APPEARANCE/CLOTHING:
Disheveled
Messy
Dirty
Partially dressed
Having odor
Stains on clothing
7.
BREATH:
Alcoholic odor
Faint alcohol odor
No alcohol odor
Marijuana odor
8.
MOVEMENTS:
Fumbling
Jerky
Slow
Nervous
Hyperactive
9.
EATING/CHEWING:
Gum
Candy
Mints
Tobacco
Other
Other
observations:
Did employee admit to using drugs or alcohol?
When:
How much:
Yes _ No
Substance:
Where taken:
WITNESSED BY:
am/pm
Signature Title Preparation date Time
am/pm
Signature Title Preparation date Time
THE ALCOHOL TEST MUST BE ADMINISTERED WITHIN EIGHT HOURS FOLLOWING A REASONABLE SUSPICION DETERMINATION.
EMPLOYER RETAIN IN EMPLOYEE'S CONFIDENTIAL FILE
OB-RS Record: August 1, 2016