05/07/2012 Council Packet - Laserfiche WebLink

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1. Used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under Chapter 43A or other applicable state or local law, or a judicial proceeding provided that information is relevant to the hearing or proceeding. 2. Disclosed to any federal agency or other unit or the United States Government as required under federal law, regulation, or order, or in accordance with compliance requirements of a federal government contract. 3. Disclosed to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee. 4. Disclosed to the consulting or treatment professional or drug evaluator. Positive test results acquired under this drug and alcohol testing program may not be used as evidence in a criminal action against the employee or job applicant. 8.9 Drug and Alcohol Testing for Commercial Drivers In accordance with procedures required by the Federal Highway Administration and U.S. Depai tnient of Transportation drug testing regulations, all drug test results that are initially positive will be confirmed by a second testing of the primary urine sample using the GCMS testing method or some comparably accurate method to confiiiii the test result. Any confiiiued positive test results will be reviewed by a Medical Review Officer to verify a positive or negative finding. Alcohol testing will be conducted according to Federal Highway Administration and U.S. Department of Transportation alcohol testing regulations. All breath alcohol tests will be performed only on testing equipment approved by the U.S. Depaitalent of Transportation. To ensure that the policy is clearly communicated to all drivers and applicants to whom offers of employment or contracts have been made, and in order to comply with applicable federal law, drivers and applicants are required to review this policy and execute the "Certificate of Receipt" portion. Because changes in applicable law and the City's practices and procedures may occur from time to time, terms of this policy may change in the future, and nothing in this policy is intended to be a contract, promise, or representation of any specific term or condition of employment except to the extent required by law. In the event that applicable DOT or FMCSA regulations governing alcohol and controlled substance use and testing are supplemented or amended, this policy shall be deemed to have been amended to conform to the applicable regulations. Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent over this policy to the extent the policy has not incorporated those revisions. A. Persons Subject to Testing All employees are subject to testing whose job duties include operating City vehicles that: 1. Have a gross vehicle weight rating of 26,001 pounds or more; or 2. Have a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or 3. Are designed to carry 16 or more passengers, including the driver; or 45