05/07/2012 Council Packet - Laserfiche WebLink

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4. Are of any size and are used in the transportation of materials where the vehicle is required to be placarded under the Hazardous Materials Regulations 49 CFR part 172, subpart F (regardless of weight). All applicants, including current employees, applying for a position where duties include operating the vehicles described above, will be required to take a drug test after a job offer is made. The job is contingent upon a negative drug test report. In accordance with Federal Motor Carrier Safety Administration regulations, firefighters operating commercial motor vehicles necessary for the preservation of life or property are exempt from DOT testing requirements. Every driver will be subject to alcohol and controlled substance testing on a random selection basis. Drivers will be selected for testing by use of a scientifically valid method under which each driver has an equal chance of being selected each time selections are made. These random tests will be conducted throughout the calendar year. Each driver who is notified of selection for random testing must cease performing safety - sensitive functions and report to the designated test site immediately. It is mathematically possible that drivers may be selected for more than one random test per year. If a driver is selected for a random test while he or she is absent, on leave or away from work, that driver will be required to undergo the test when he or she returns to work. At this time, federal law requires the City to test at a rate of at least 50 percent of its average number of drivers for controlled substance each year, and to test at a rate of at least 10 percent of its average number of drivers for alcohol each year. These minimum testing rates are subject to change by the DOT. B. Removal from Safety - Sensitive Functions No driver may perform safety - sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law. No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may perform or continue to perform safety - sensitive functions for the City, including driving a commercial motor vehicle, until the start of the driver's next regularly scheduled work day, but not less than 24 hours following administration of the test. If a driver tests positive under this policy, or is found to have an alcohol concentration of .02 or greater but less than .04, the driver will be removed from safety sensitive duties and escorted home. The driver should not drive home and will be given transportation to his or her home. The driver will then be placed on a leave of absence until a confirmatory test has been completed. C. Reasonable Suspicion A trained supervisor is required to conduct a test for drugs or alcohol if he or she suspects an employee is under the influence of drugs or alcohol. The suspicion must be based on specific observations by a trained supervisor concerning the employee's current appearance, behavior, speech, and smell that are usually associated with drug or alcohol use. A written record will be made of the observations leading to an alcohol or controlled substance test and signed by the trained supervisor within 32 hours of the observed behavior, or before the 46