CC RES 95-060 RESOLUTION IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS

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• Page 21 (b) conduct prohibited by federal law and this policy 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 controlled substance use. 382.605 (c) Return to Duty Testing and Assistance. (c)(1) (1) Before a driver returns to duty requiring the performance of a safety sensitive function after engaging in conduct prohibited by a federal law or this policy, the driver shall undergo a Return-To-Duty alcohol test with the result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved a controlled substance. 382.605 (2) In addition, each driver identified as needing assistance in resolving (c)(2)(i-ii) problems associated with alcohol misuse or controlled substance use: (A.) Shall be evaluated by a Substance Abuse Professional to determine that the driver has properly followed any rehabilitation program prescribed under federal law and these rules; and • (B.) Shall be subject to unannounced Follow-Up alcohol and controlled substance testing administered by the City following the driver's return to duty. The number and frequency of such Follow- Up testing shall be as directed by the Substance Abuse Professional, and consist of at least six (6) tests in the first twelve (12) months following the driver's return to duty. The City may direct the driver to undergo Return-To-Duty and Follow-Up testing for both alcohol and controlled substances, if the Substance Abuse Professional determines that Return-To-Duty and Follow-Up testing for both alcohol and controlled substances is necessary for that particular driver. Any such testing shall be performed in accordance with the requirements of 49 C.F.R. Part 40. Follow-Up testing shall not exceed sixty (60) months from the date of the driver's Return-To- Duty. The Substance Abuse Professional may terminate the requirement for Follow-Up testing at any time after the first six (6) tests have been administered, if the Substance Abuse Professional determines that such testing is no longer necessary. 382.605 (d) Evaluation and Rehabilitation. Evaluation can be provided by the Substance Abuse Professional associated with the driver's health plan. Any recommended participation in a counseling or rehabilitation program will be • at the driver's own expense or pursuant to coverage under an employee's benefit plan.