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CC RES 95-060 RESOLUTION IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS
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CC RES 95-060 RESOLUTION IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS
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RES 1995
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CC RES 95-060 RESOLUTION IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS
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THE CITY OF ST. ANTHONY'S POLICY IMPLEMENTING <br /> THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT <br /> AND RELATED REGULATIONS <br /> The abuse of drugs and alcohol is a nationwide problem which affects persons of every age, <br /> race and gender. The City of St. Anthony recognizes that work performance and public <br /> safety problems are created when employees use or abuse controlled substances or alcohol. <br /> Therefore, the City of St. Anthony wishes to provide a safe workplace for its employees <br /> and to maintain a drug and alcohol free workplace. <br /> The purpose of this policy is to establish programs designed to help prevent accidents and <br /> injuries resulting from the misuse of alcohol or use of controlled substances by drivers of <br /> commercial motor vehicles. This policy implements the requirements of the federal <br /> Omnibus Transportation Employee Testing Act of 1991 and the U.S. Department of <br /> Transportation Regulations, 49 C.F.R., Part 382. This policy is in addition to and separate <br /> from the City's Drug and Alcohol Testing Policy, which implements the requirements of <br /> state law and the federal Drug Free Workplace Act of 1988. <br /> 1. POLICY <br /> All employees are strictly prohibited from using, possessing, manufacturing, dispensing, <br /> • selling, or transferring drugs, alcohol or drug paraphernalia or being under the influence of <br /> drugs or alcohol while working or performing job duties or while on City premises or <br /> while operating City vehicles, machinery or equipment. No employee shall perform <br /> safety-sensitive functions within four (4) hours after using alcohol. Any employee found <br /> to be in violation of this policy is subject to discipline up and including termination of <br /> employment. <br /> 2. COVERAGE <br /> The Omnibus Transportation Employee Testing Act (the Act), requires that all employees <br /> whose job duties include the operation a of commercial motor vehicle and who are <br /> required to hold a commercial driver's license (CDL), shall be subject to drug and alcohol <br /> testing. "Commercial Motor Vehicle" (CMV), means a motor vehicle or combination of <br /> motor vehicles used to transport passengers or property if the motor vehicle meets any one <br /> of the following criteria: <br /> (a) Has a gross combination weight rating of 26,000 or more pounds; or <br /> (b) has a gross combination weight rating of 26,000 or more pounds inclusive of <br /> a towed unit with a gross vehicle weight rating of more than 10,000 <br /> pounds; or <br /> • (c) designed to transport 16 or more passengers including the driver; or <br />
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