HomeMy WebLinkAboutReso 2011-1813
RESOLUTION NO. 2011- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE CITY
OF SUNNY ISLES BEACH DRUG-FREE WORKPLACE
PROGRAM POLICY, AS AMENDED, ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is sub-recipient of American Recovery and Reinvestment Act
(ARRA) grant funds administered through Miami-Dade Transit (MDT), who is the grantee of the
Federal Transit Administration (FT A); and
WHEREAS, all sub-recipients are required to have a Drug-Free Workplace Program
Policy that includes specific elements covered in the FT A Regulations 49CFR Part 655; and
WHEREAS, the amendments affect the CDL Driver Addendum section of the policy,
and this policy has been amended to include all required elements and has received initial
approval by Miami-Dade County; and
WHEREAS, the City Commission now wishes to approve the City of Sunny Isles Beach
Drug-Free Workplace Program Policy, attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Policy. The City Commission hereby approves the City of Sunny
Isles Beach Drug-Free Workplace Program Policy as amended, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of December 2011.
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Jane A. Hines, CMC;City Cl~rk
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R2011- Drug-Free Workplace Program Policy
1
APPROVED AS TO FORM AND
LEGAL SU FI IENCY:
Vote: C:;-O
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
R2011- Drug-Free Workplace Program Policy
Moved by:
Seconded by:
---LLCY es)
v (Yes)
V (Yes)
\7(Yes)
V(Y es)
_(No)
_(No)
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CITY OF SUNNY ISLES BEACH
OF
DRUG-FREE WORKPLACE PROGRAM
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TABLE OF CONTENTS
I. PURPOSE 4
II SCOPE 5
III. DRUG-FREE WORKPLACE PROGRAM DISSEMINATION 5
IV. DEFINITIONS 5
V. ALCOHOL USE PROHIBITIONS 5
VI. DRUG USE PROHIBITIONS 6
VII. TESTING 8
A. Testing of Applications 8
B. Reasonable Suspicion Testing 8
C. Random Testing 10
D. Return to Duty Testing 11
E. Position Change Testing 11
F. Follow-up Testing 11
G. Routine Fitness for Duty 11
H. Additional Testing 11
I. Refusal to Test 11
VIII. TESTING PROCEDURE 12
A. Tested Substances 12
B. Consent Required 12
C. Designated Laboratory 12
D. Notification of Prescription Drug Use 12
E. Testing of Injured Employees 12
F. Body Specimens 13
G. Cost of Testing 13
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H. Collection Site, Work Site 13
I. Collection Site, Work Site, Personnel 14
J. Testing Laboratory 14
K. Initial Tests Used for Implementing ~ 44.101-.102, Fla. Stat. 14
(1993)*
L. Confirmation Tests Used for Implementing ~ 440.101-.102, 15
Fla. Stat
IX. TEST RESULTS (Blood and Urine) 15
A. Reporting Results 15
B. Challenges to Test Results 17
C. Employee/Applicant Protection 17
X. EMPLOYEE ASSISTANCE PROGRAM (EAP) 18
XI. INVESTIGATION 19
XII. ARREST FOR DRUG-RELATED CRIME 19
XIII. CONFIDENTIALITY 20
XIV. RECORDS AND TRAINING 20
A. Resource File 20
B. Individual Test Results 20
C. General Records of the City 20
D. Drug Training Program 21
Addendum CDL Drivers Policy 22
"A"
Appendix Contact Information and Services 37
"A"
Appendix Sunny Isles Beach Safety-Sensitive Classifications 38
"B"
Appendix Definitions 39
"C"
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DRUG-FREE WORKPLACE PROGRAM
I. Purpose
As a part of its commitment to safeguard the health of its employees, to provide a safe place for
its employees to work, and to promote a drug-free working environment, the City of Sunny Isles
Beach, Florida (City) has established this program relating to the use or abuse of alcohol and
drugs by its employees. This program is intended to conform to the requirements of the Drug-
Free Workplace Program under Florida's Workers' Compensation Law, and rules promulgated
pursuant thereto. Substance abuse, while at work or otherwise, seriously endangers the safety
of employees, as well as the general public, and creates a variety of workplace problems
including increased injuries on the job, increased absenteeism, increased health care and
benefit costs, increased theft, decreased morale, decreased productivity, and a decline in the
quality of products and services provided. This program is established in part to detect users
and remove abusers of drugs and alcohol from the workplace, to prevent the use and/or
presence of these substances in the workplace, and to assist employees in overcoming any
dependence on drugs and/or alcohol in accordance with the following guidelines.
Florida Statutes provide in part that an employee who is injured in the course and scope of his
employment and tests positive on a drug or alcohol test may be terminated and shall forfeit his
eligibility for medical and indemnity benefits under Florida's Workers' Compensation Law.
Refusal to take a drug (urine) or alcohol (blood) test will result in the employee forfeiting his
eligibility for medical and indemnity benefits under Florida's Workers' Compensation Law and
the employee being subject to dismissal. The City group medical plan excludes benefits for job
related injuries. Therefore, if Worker's Compensation benefits are forfeited pursuant to the
drug-free workplace program, the employee injured on the job will be without any City provided
medical benefits.
Certain components of this program involve utilization of additional techniques and procedures.
These additional techniques and procedures as well as the determination of the employee
groups who will be covered by such, are both justified by, and based upon, federal and state
statutes, case law, and regulatory findings related to various public sector and private sector
employees working in safety-sensitive positions throughout inter- and intrastate commerce. At
such time as the regulations implemented pursuant to the Omnibus Transportation Employee
Testing Act of 1991 or other regulatory requirements become applicable to City employees, this
program will be altered as and if necessary to conform to the specific requirements of the final
regulations. Until such time, any additional techniques and procedures shall utilize mechanisms
already in use and/or proposed for use by state or federal law and regulation. As determined by
management, based upon additional information or experience, such additional techniques and
procedures may be unilaterally, and without notice, altered, or eliminated from the remainder of
this program, and shall not impact this program's continuing compliance with ~ 440.101-.102,
Fla. Stat. (1993).
To the extent that ~ 440.101-.102, or the implementing rules issued by the Department of Labor
and Employment Security (38F-9, F.AC.) or those issued by the Department of Health and
Rehabilitative Services (10E-18, F.AC.) are amended, or other statutes and rules requiring drug
testing are determined to be applicable to City employees, the City's program will be amended
to the extent required by such, without the necessity of further general notice.
The City's Drug-Free Workplace Program has been prepared so as not to conflict with public
policy and, further, not to be discriminatory or abusive. A drug-free workplace should be the
goal of every employer in America. Drug and alcohol testing is only one of the several steps
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that must be taken to achieve this objective. When incorporated into a comprehensive anti-drug
effort, testing can go a long way in combating drug and alcohol abuse in the workplace.
II. Scope
All employees are covered by this program and, as a condition of employment, are required to
abide by the terms of this program. A supplemental program for certain employees because of
State and Federal Regulations is described is addenda hereto. Any employee in doubt as to the
requirements or procedures applicable to their situations may contact the City Human
Resources Department for information.
III. Drug-Free Workplace Program Notice
A. The City will give a general one-time notice to all employees that the City prohibits its
employees from illegally or improperly using, possessing, selling, manufacturing, or
distributing drugs on its property, or while its employees are at work; that it is against
City policy to report to work or to work under the influence of drugs; and that it is a
condition of employment to refrain from using nonprescription drugs or alcohol on the
job, or abusing legal drugs on or off the job such that it affects their job, and that a drug
testing program is being implemented. At least sixty (60) days will elapse between the
notice and any employee drug testing pursuant to this program.
B. Prior to testing, all employees or applicants for employment will be given a summary of
the Drug-Free Workplace Program, a summary of the drugs which may alter or affect a
drug test, a list of local employee assistance programs and a list of local alcohol and
drug rehabilitation programs.
C. A notice of drug testing will be included with all job vacancy announcements. A notice of
the City's drug testing program will also be posted in appropriate and conspicuous
locations on the City's premises and copies of the program will be made available for
inspection during business hours in the Human Resources Department.
IV. Definitions
The definitions of words and terms as set forth in S 440.02(1). Fla. Stat. (1993), the Florida's
Workers' Compensation Drug Testing Rules (38F-9, F.A.C.), and the Florida Department of
Health and Rehabilitative Services (HRS), Drug-Free Workplace Standards (10E-18, F.A.C.)
shall apply to the words and phrases used in this program.
V. Alcohol Use Prohibitions
A. The consumption of alcohol on City property or while on duty (during working hours,
while at work, etc.) is prohibited and will result in disciplinary action, up to and including
dismissal. The prohibition of consumption of alcohol upon City property or on duty does
not, however, apply to those assignments, premises, or events at which consumption of
alcohol is authorized by management. Such authorization does not encourage,
sanction, or authorize any individual to consume alcohol in excess to a point of being
intoxicated. Therefore any employee at an event, who in the sole opinion of the
Management becomes intoxicated, must refrain from further consumption of alcohol and,
upon request by Management, leave the function. Failure to comply with the request
constitutes a violation of the program and will subject the employee to disciplinary action.
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B. Off-duty use of alcohol may adversely affect an employee's job performance or
adversely affect or threaten to adversely affect other interests of the City, including but
not limited to the employee's relationship to his/her job, fellow workers' reputations, or
goodwill in the community. Disciplinary action up to and including dismissal may be
imposed on this basis.
C. Except as provided herein, the personal possession (i.e., on the person, or in a desk, or
locker) of alcohol on City property or during working hours will result in disciplinary
action, up to and including dismissal.
D. It is against the City's program and a violation of City policy to report to work or to work
under the influence of alcohol.
E. For purposes of this policy, an employee is presumed to be under the influence of
alcohol if a blood test shows a forensically acceptable positive quantum of proof of
alcohol usage as set forth in the Florida's Workers' Compensation Testing Rules,
Chapter 38F-9, F.A.C.
F. An employee who Management has reason to suspect is under the influence of alcohol
will be removed immediately from the workplace and will be tested and evaluated by
authorized personnel selected by Management, if reasonably available. The City will
take further action (i.e., further testing, referral to counseling, and/or disciplinary action)
based on medical information, work history, and other relevant factors. The
determination of appropriate action in each case rests solely with the City.
G. Failure to pass an alcohol test will result in further testing or disciplinary action, up to and
including dismissal.
H. Efforts to tamper with or refusal to submit to an alcohol test will subject the employee to
dismissal.
I. Employees arrested for an alcohol-related incident, as indicated on the arrest report,
shall notify, as soon as feasible, but in any event no later than 24 hours after the arrest,
the City management representative having direct administrative responsibility for the
arrested employee of the arrest if the incident occurs:
1. During working hours, or
2. While operating a City vehicle, or
3. While operating a personal vehicle on City business.
Failure to comply with this subsection will result in disciplinary action up to and including
dismissal.
J. Violations of alcohol use prohibitions can subject an employee to disciplinary action up
to and including dismissal. Dismissal for a first offense will be considered an appropriate
penalty absent mitigating circumstances.
VI. Drug Use Prohibitions
A. The use, sale, purchase, possession, manufacture, distribution, or dispensation of
nonprescription drugs or their metabolites on City property or while at work (while on
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duty, during working hours, etc.) is a violation of the City's Program and is just cause for
immediate dismissal.
B. Reporting to work, or working, under the influence of nonprescription drugs is a violation
of the City's Program and is just cause for immediate dismissal unless the violation is
identified solely by the failure of a random drug test as set for in VI. C. below.
C. An employee, who fails a random urine drug test, will be allowed a one-time opportunity
to participate in an AlcohollDrug Rehabilitation Program or the City of Sunny Isles Beach
Employee Assistance Program (EAP) or other approved program as determined by the
City, in lieu of being immediately dismissed based upon such failure. However, allowing
the Employee to participate in such program in lieu of being dismissed is conditioned
upon the Employee meeting certain requirements. Furthermore, such an opportunity will
not be available to an employee who has previously participated in an Alcohol/Drug
Rehabilitation Program, the City's EAP, or other approved, similar program, as an
alternative to dismissal. Employees allowed the rehabilitation opportunity described
herein may still receive disciplinary action short of dismissal in addition to required
participation in the rehabilitation program. Participation in a treatment program being it
entirely voluntary or pursuant to this section, will not excuse additional violations of this
policy, work rule violations, improper conduct, or poor performance and an employee
may be disciplined or dismissed for such offenses or failure to perform. The City may
approve further limits on, or elimination of, the rehabilitation opportunity described above
for certain Departments or employee groups.
D. For purposes of this program, an employee is presumed to be under the influence of
drugs if a urine test or other authorized testing procedure shows a forensically
acceptable positive quantum of proof of drug usage a set forth in the Florida's Workers'
Compensation Testing Rules, Chapter 38F-9, F.A.C.
E. Legal medication (over the counter) or prescription drugs may also affect the safety of
the employee, fellow employees or members of the public. Therefore, any employee
who is taking any over-the-counter medications or prescription drug which might impair
safety, performance, or a motor function shall advise his direct management
representative of the possible impairment before reporting to work under the influence of
such medication or drug. A failure to do so may result in disciplinary action. If
Management determines that the impairment does not pose a safety risk, the employee
will be permitted to work. Otherwise, management may temporarily reassign the
employee or place the employee in an appropriate leave status during the period of
impairment. Improper use of "prescription drugs" is prohibited and may result in
disciplinary action. Improper use of prescription drugs includes, but is not limited to use
of multiple prescriptions of identical or interchangeable drugs, and/or consumption of
excessive quantities of an individual or therapeutically interchangeable drugs, and/or
inappropriately prolonged duration of consumption of drugs, and/or consumption of
prohibited drugs for other than valid medical purposes. For the purpose for this
Program, consumption of any drug by the employee of more than the manufacture's
maximum recommended daily dosage, or for a longer period of time than recommended,
or of any prohibited drug prescribed for or intended for another individual, or for other
than a valid medical purpose shall be construed to constitute improper use. Excessive
or inappropriate prescribing by the prescriber or prescribers shall NOT constitute a
defense for the employee. Prescription medication shall be kept in its original container
if such medication is taken during working hours or on City property.
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F. Refusal to submit to or efforts to tamper with a drug test will subject the employee to
dismissal.
G. Except as provided herein, failure to pass a drug test will result in disciplinary action, up
to and including dismissal.
H. Violations of drug prohibitions can subject an employee to disciplinary action, up to and
including dismissal. Dismissal for a first offense will be considered an appropriate
penalty absent mitigating circumstances.
VII. Testing
A. Testing of Applicants
1. Prior to employment, applicants, whether for regular, intermittent, or temporary
positions, will be tested for the presence of drugs.
2. Any job applicant who refuses to submit to drug testing, refuses to sign the consent
form, fails to appear for testing, tampers with the results, or fails to pass the pre-
employment confirmatory drug test will not be hired and in most cases will be
ineligible for hire for a period of at least one (1) year.
B. Reasonable Suspicion Testing
1. "Reasonable suspicion testing" means drug testing based on a belief that an
employee is using, or has used drugs in violation of the City's program, on the basis
of specific, contemporaneous, physical, behavioral or performance indicators of
probable drug use.
Two management representatives shall substantiate and concur in the decision to
test said employee, if feasible. Only one management representative need witness
the conduct. The management representative(s) and witness(es) shall have
received training in the identification of actions, appearance, conduct, or odors which
are indicative of the use of drugs or alcohol. If a management representative
believes reasonable suspicion exists, the management representative shall report his
or her findings and observations to the Department Head having administrative
responsibility for the affected employee. Upon approval by the Department Head,
the employee will be asked to immediately submit to a drug test(s) and sign a form
acknowledging his or her consent. When chemical breath testing, or other reliable
mechanisms, for alcohol testing are used, the test may be conducted immediately at
the work site or later at the collection site. Factors which substantiate cause to test
for blood or urine shall be documented by the management representative on the
Substance Abuse Investigation Report Form which must be completed as soon as
practicable, but no later than seven (7) days after the employee has been tested for
drugs. A copy of this report will be given to the employee upon request.
2. Each supervisor shall be responsible to determine if reasonable suspicion exists to
warrant drug testing and required to document in writing the specific facts,
symptoms, or observations which form the basis for such reasonable suspicion. The
documentation shall be forwarded to the Department Head or designee to authorize
the drug test of an employee.
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The Department Head or designee shall require an employee to undergo drug
testing if there is reasonable suspicion that the employee is in violation of the City of
Sunny Isles Beach Drug-Free Workplace Program. Circumstances which constitute
a basis for determining "reasonable suspicion" may include but are not limited to:
a. A Pattern of Abnormal or Erratic Behavior - This includes but is not limited to a
single, unexplainable incident of serious abnormal behavior or a pattern of
behavior which is radically different from what is normally displayed by the
employee or grossly differing from acceptable behavior in the workplace.
b. Information Provided by a Reliable and Credible Source - The first line
supervisor or another supervisor/manager receives information from a reliable
and credible source as determined by the Department Head that an employee is
violating the City's Drug-Free Workplace Program.
c. Direct Observation of Druq Use - The first line or another supervisor/manager
directly observes an employee using drugs while the employee is on duty. Under
these circumstances, a request for drug testing is MANDATORY.
d. Presence of the Physical Symptoms of Druq Use - The supervisor observes
physical symptoms that could include but are not limited to glassy or bloodshot
eyes, slurred speech, poor motor coordination, or slow or poor reflex responses
different from what is usually displayed by the employee or what is generally
associated with common ailments such as colds, sinus, hay fever, diabetes, etc.
The following will be deemed reasonable suspicion and may provide a sufficient
basis for requesting a drug test at the direction of the Department Head or
designee:
e. Violent of Threateninq Behavior - First Incident: If an employee engages in
unprovoked, unexplained, aggressive, violent and/or threatening behavior
against a fellow employee or a citizen, the Department may request that the
employee submit to drug testing.
f. Violent or Threateninq Behavior - Subsequent Incident: Whether or not an
employee has previously received formal counseling or disciplinary action for
unprovoked, unexplained, aggressive, violent and or threatening behavior
against a fellow employee or a citizen, upon a second or subsequent episode of
similar behavior/conduct (within twelve months), the Department shall request
that the employee undergo drug testing.
g. Absenteeism and/or Tardiness: If an employee has previously received a
suspension action for absenteeism and/or tardiness, a continued poor record
(within twelve months) that warrants a second or subsequent suspension action
may result in a request for a drug test.
h. Odor: Odor of cannabis or alcohol upon the person.
i. Performance Related Accidents: Each employee whose performance either
contributed to the accident or whose performance cannot be discounted as a
contributing factor to the accident shall be drug tested for both alcohol and drugs.
The management representative having administrative responsibility for the
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employee involved in the accident shall ensure that a drug test is performed as
soon as possible but no later than 32 hours after the accident. Post-accident
testing may involve breath, blood, and urine.
Should evidence of alcohol be present, i.e., an odor of alcohol, open containers,
or a statement from witness confirming alcohol consumption, the management
representative must ensure testing is completed as soon as emergency medical
care has been provided.
The following are examples of conditions that require accident related testing:
(1) City employee operating a vehicle while on city business (either a city-owned
or personal vehicle) and involved in an accident that results in a citation for a
moving violation.
(2) An accident involving property damage (city or private) estimated to be
greater than $1,000.
(3) An accident involving death.
(4) An accident involving injury requiring treatment at an off site (away from the
scene of the accident) medical facility other than occupational health
services. If the injury is of such character as would have been treated at
occupational health services, but for the unavailability of occupational health
services, Management may waive this requirement. "Unavailability" means
occurring at a time other than the hours of operation of occupational health
services or at such distance from occupational health services as to render
their use impractical.
C. Random Testing
1. Random drug testing will be performed utilizing urine and may be performed in the
future utilizing breath or other reliable mechanisms (see VIII, K).
2. Employees in safety sensitive position, including employees whose positions with the
City require them to have a commercial drivers license, will be required to submit to
drug testing on a random basis. A list of those job classifications determined to be
safety sensitive will be compiled and kept on file in the Human Resources
Department. Such list will be periodically updated.
3. For purposes of selection for testing, employees shall be identified by Social Security
Numbers and the selection of employees will be conducted through the use of a
random number generator or other neutral selection process.
4. Upon notification by management representatives that a drug test is required, the
employee will report to the test site as designated by management, but in no event,
later than 24 hours after notification, and provide a specimen of his/her urine. If
chemical breath testing, or other reliable mechanisms, for alcohol testing are used,
the test may be conducted immediately at the work site or later at the collection site.
5. Random testing shall be at an annual rate of between twenty-five percent (25%) to
fifty percent (50%) of the average number of positions for which testing is required.
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During the first 12 months of this program, random drug testing: (1) will be spread
reasonably throughout the year; and (2) the total number of tests will be equal to at
least 25 percent (25%) of the employees subject to testing.
D. Return to Duty Testing
An Employee who does not pass a blood or urine drug test may not return to work until
meeting at least the following requirements:
1. The employee must pass a drug test administered under this program.
2. The Medical Review Officer must approve the employee for return to work.
3. The employee must. agree to participate in and successfully complete any alcohol or
drug evaluation, counseling or rehabilitation program required by the City.
4. The employee must agree to submit to periodic, unannounced drug tests for a period
of up to 60 months.
E. Position Change Testing
Employees moving from a non-safety sensitive position to one designated as safety
sensitive, as a result of a formal personnel action, shall be required to successfully pass
a urine drug test within 48 hours of receiving notification that they have been selected to
fill the safety sensitive position.
F. Follow-up Testing
If the employee in the course of employment enters an employee assistance program for
drug related problems, or an alcohol and drug rehabilitation program not related to the
employee's failure to pass a drug test, the employee shall submit to a drug test prior to
return to duty and be cleared for return by the MRO, and, unless otherwise agreed to by
the City, submit to drug tests as a follow-up to such program, on at least an annual basis
for a period of 24 months thereafter, as determined by the City. Advance notice of the
follow-up test shall not be given to the employee.
G. Routine Fitness for Duty
An employee shall submit to a drug test if conducted as part of a routinely scheduled
employee fitness-for-duty medical examination that is required for all members of an
employment classification or group.
H. Additional Testing
Additional testing may also be conducted as required by applicable state or federal laws,
rules, or regulations.
I. Refusal to Test
Employees who refuse to submit to a blood or urine test administered in accordance with
this program forfeit their eligibility for all workers' compensation medical and indemnity
benefits and will be subject to dismissal. Employees who refuse to submit to a chemical
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breath test or other mechanism determined by management to be reliable will be subject
to dismissal.
VIII. Testing Procedure
A. Tested Substances
The City may test for any or all of the following drugs:
. Alcohol
. Amphetamines (Binhetamine, Desoxyn, Dexedrine)
. Cannabinoids (i.e., marijuana, hashish)
. Cocaine
. Phencyclidine (PCP)
. Methaqualone (Quaalude, Parest, Sopor)
. Opiates
. Barbiturates(Phenobarbital, Tuinal, Amytal)
. Benzodiazophines (Ativan, Azene, Clonopin, Dalmane, Diazapam, Halcion, Librium,
Poxipam, Restoril, Serax, Tranxene, Valium, Vertron, Xanax)
. Methadone (Dolophine, Methadose)
. Propoxyphene (Darvocet, Darvon N. Dolene)
B. Consent Required
Job applicants and employees will be asked to sign Consent to Testing Form. Refusal to
execute the consent form constitutes a refusal to be tested, and will subject the
employee/applicant to dismissal/failure to hire.
C. Designated Laboratory
Because of the potential adverse consequences of positive test results on employees, the
City will employ a very accurate testing program. Specimen samples will be analyzed by a
highly qualified, independent laboratory which has been selected by the City and certified by
the appropriate regulatory agency. The name and address of the certified laboratory
currently used by the City is on file with the Human Resources Department.
D. Notification of Prescription Drug Use
Applicants and employees will be given an opportunity prior to and after testing to, on a
confidential basis, provide any information they consider relevant to the test including listing
all drugs they have taken within the immediately preceding 30 day period, including
prescribed drugs and to explain the circumstances of the use of those drugs in writing or
other relevant medical information on a Drug Use Information Form, which information will
be furnished to the Medical Review Officer (MRO) in the event of a positive confirmed result.
Applicants and employees will also be provided with a notice of the most common
medication by brand name or common name, as well as the chemical name which may alter
or affect a drug test.
E. Testing of Injured Employees
An employee injured at work and required to be tested will be taken a medical facility for
immediate treatment of injury. If the injured employee is not at a designated collection site,
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the employee will be transported to one as soon as it is medically feasible and specimens
will be obtained. If it is not medically feasible to move the injured employee, specimens will
be obtained at the treating facility under the procedures set forth in this program and
transported to an approved testing laboratory. No specimen will be taken prior to the
administration of emergency medical care. An injured employee must authorize release to
the City the results of any test conducted for the purpose of showing the presence of alcohol
or drugs.
F. Body Specimens
Urine will be used for the initial test for all drugs except alcohol and for the confirmation of all
drugs except alcohol. Blood will be used for the initial and confirmation tests for alcohol for
complying with the provisions of S 440.101-.104, Fla. Stat. Sufficient volume of specimens
shall be obtained so as to provide for the necessary number of samples as may be required,
depending upon the number of required procedures. Chemical breath testing methods or
other reliable mechanisms may be utilized in connection with justifying further alcohol/blood
tests in instances involving reasonable suspicion, and random (if instituted in the future)
testing under this program, but are not required to be first utilized. In the case of injured
employees, the physician will have the discretion to determine to not draw a blood sample if
such would threaten the health of the injured employee or if the employee has a medical
condition unrelated to the accident which may preclude the drawing of the necessary
quantity of blood for a testing specimen. Under these circumstances, no inference or
presumption of intoxication or impairment will be made for the purposes of S 440.101-.102,
but discipline for violation of the Program may be taken based upon observable conduct or
conditions and/or the result of other test, if any.
G. Cost of Testing
The City will pay the cost of initial and confirmation drug tests, which it requires of
employees and job applicants. An employee or job applicant will pay the cost of any
additional drug test not required by the City.
H. Collection Site, Work Site
1. The City will utilize a collection site designated by an approved laboratory which has
all necessary personnel, materials, equipment, facilities, and supervision to provide
for the collections, security, chain of custody procedures, temporary storage and
shipping or transportation of urine and blood specimens to an approved drug testing
laboratory. The City may also utilize a medical facility as a collection site which
meets the applicable requirements.
2. The City may require that an employee take a chemical breath test at the Work Site
or other City facility.
3. Security of the collection site, chain of custody procedures, privacy of the individual,
collection control, integrity and identity of the specimen and transportation of the
specimen to the laboratory as applicable will meet state or federal rules and
guidelines. Florida Department of Health and Rehabilitative Services CHAIN OF
CUSTODY form (HRS for 1806, as amended from time to time-last revision 5/91) will
be used for each employee or job applicant whose blood or urine is tested.
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I. Collection Site, Work Site, Personnel
1. A specimen for a drug test will be taken or collected by:
a. A physician, a physician's assistant, a registered professional nurse, a licensed
practical nurse, a nurse practitioner, or a certified paramedic who is present at
the scene of the accident for the purpose of rendering emergency service or
treatment; or
b. A qualified person employed by a licensed laboratory who has the necessary
training and skills for the assigned tasks.
2. In the case of a chemical breath test, utilizing evidential breath test devices, a
technician licensed pursuant to Rule 100-42, F.A.C. In the case of other reliable
mechanisms, a management representative who has received training in
administering the test and analyzing the results.
J. Testing Laboratory
1. The laboratory used to analyze initial or confirmation blood or urine specimens will
be licensed or certified by the appropriate regulatory agencies to perform such tests.
The Florida Department of Health and Rehabilitative Services has published Drug-
Free Workplace Standards (Florida Administrative Code, Chapter 10E-18) which
shall be followed by laboratories and employers for testing procedures required
unders440.101-102, Fla. Stat. (1993).
2. All laboratory security, chain of custody, transporting and receiving of specimens,
specimen processing, retesting, storage of specimens, instrument calibration and
reporting of results will be in accordance with applicable state or federal laws and
rules established by HRS of the U.S. Department of Transportation.
3. The laboratory or Medical Review Officer will provide assistance to the employee or
job applicant for the purpose of interpreting any positive confirmed test results.
K. Initial Tests Used for Implementing S 440.101-.102. Fla.Stat. (1993)*
Initial tests will use an immunoassay except that the test for alcohol will be an enzyme
oxidation methodology. The following cutoff levels will be used when screening
specimens to determine whether they are positive or negative for these drugs or
metabolites. All levels equal to or exceeding the following will be reported as positive:
. Alcohol .05g/dl%
. Amphetamines 1000ng/ml
. Cannabinoids 100ng/ml
. Cocaine 300ng/ml
. Phencyclidine 25ng/ml
. Methaqualone 300ng/ml
. Opiates 300ng/ml
. Barbiturates 300ng/ml
. Benzodiazepines 300ng/ml
. Synthetic Narcotics:
o Methadone
o Propoxyphene
300ng/ml
300ng/ml
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*Chemical breath testing procedures as described in Chapter 100-42, F.A.C. or U. S.
Department of Transportation rules, or other reasonably reliable alcohol test devices,
including tubes containing crystals that change color when exposed to alcohol, passive
alcohol sensors, or saliva testing devices, etc., may be used, as determined by the City
prior to requiring a blood sample in its reasonable suspicion testing program (and
random if such is implemented in the future). These results are reported only to the
appropriate manager who then determines if further testing under this program is
warranted.
L. Confirmation Tests Used for Implementing S 440.101-.102, Fla. Stat.
All blood and urine specimens identified as positive on the initial test will be confirmed
using gas chromatography/mass spectrometry (GC/MS) or an equivalent or more
accurate scientifically accepted method approved by the HRS, except that alcohol will be
confirmed using gas chromatography. All confirmation will be done by quantitative
analysis. Concentrations which exceed the linear region of the standard curve will be
documented in the laboratory and recorded as "greater than highest standard curve
value". The following confirmation cutoff levels will be used when analyzing specimens
to determine whether they are positive or negative for these drugs metabolites. All
levels equal to or exceeding the following will be reported as positive:
. Alcohol .05g/dl%
. Amphetamines 1000ng/ml
. Cannabinoids 100ng/ml
. Cocaine 300ng/ml
. Phencyclidine 25ng/ml
. Methaqualone 300ng/ml
. Opiates 300ng/ml
. Barbiturates 300ng/ml
. Benzodiazepines 300ng/ml
. Synthetic Narcotics:
0 Methadone 300ng/ml
0 Propoxyphene 300ng/ml
IX. TEST RESULTS (Blood and Urine)
A. Reporting Results.
1. The laboratory shall disclose to the MRO a written positive confirmed test results
report within 7 working days after receipt of the sample. The laboratory should report
all test results (both positive and negative) to the Medical Review Officer (MRO)
within 7 working days after receipt of the specimen at the laboratory. The name and
address of the current MRO is on file with the Human Resources Department. The
MRO is employed by the City and is not an employee of the drug testing laboratory.
2. The laboratory will report as negative all specimens which are negative on the initial
test or negative on the confirmation test. Only specimens confirmed positive on the
confirmation test will be reported positive for a specific drug.
3. The laboratory will transmit results in a timely manner designed to ensure
confidentiality of the information. The laboratory and MRO will ensure the security of
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the data transmission and restrict access to any data transmission, storage and
retrieval system.
4. As provided in 10E-18.008 and 38F-9.014, F.A.C., the MRO will verify that positive
and negative test results were properly analyzed and handled according to HRS
rules. The MRO may require a re-test. The MRO will have knowledge of substance
abuse disorders and shall also be knowledgeable in the medical use of prescription
drugs and in the pharmacology and toxicology of illicit drugs. The MRO shall
evaluate the drug test results(s) reported by the lab, verifying by checking the chain
of custody form that the specimen was collected, transported and analyzed under
proper procedures and, determine if any alternative medical explanations caused a
positive test result. This determination by the MRO may include conducting a
medical interview with the tested individual, review of the individual(s) medical history
or the review of any other relevant bio-medical factors. The MRO shall also review
all medical records made available by the tested individual. The MRO may request
the laboratory to provide quantification of test results.
5. Within three (3) days of receipt of the test results, the MRO will (1) notify the Human
Resources Department representative of negative results, or (2) contact the
employee or job applicant regarding a confirmed positive test result and make such
inquire as to enable the MRO to determine whether prescription or over-the-counter
medication could have caused the positive test results. In this later case, the MRO
will follow the procedure set forth in either the HRS or D.O.T. rules for providing the
employee or job applicant the opportunity to present relevant information regarding
the test results. After following the appropriate procedures, the MRO will notify the
City in writing of any verified test results. If the MRO after making and documenting
all reasonable efforts is unable to contact the employee or job applicant to discuss
positive test results, the MRO will contact a designated management official to
arrange for the employee or applicant to contact the MRO. The MRO may verify a
positive test without having communicated to the employee or applicant about the
results of the test, if (1) the employee or applicant declines the opportunity, or (2)
within two days after contacting the designated management official the employee or
applicant has not contacted the MRO. Further, employees or applicants must
cooperate fully with the MRO. Failure to meet with the MRO upon his or her request
or failure to promptly provide requested information will result in an applicant not
being hired and an employee immediately being placed on suspension without pay
and may result in discharge.
6. Within 5 working days after the City receives a positive, confirmed verified test result
from the MRO the City will notify the employee or job applicant in writing of such test
results, the consequences of such results, and the options available to the employee
or job applicant, including the right to file an administrative or legal challenge.
Notification shall be mailed certified or hand delivered. Hand delivery is the preferred
method of providing notice to employees. Mailed notification shall be deemed
received by the employee or applicant when signed for, or seven calendar days after
mailing, whichever occurs first.
7. The City will upon request provide to the employee or job applicant a copy of the test
results.
8. Unless otherwise instructed by the City in writing, all written records pertaining to a
given specimen will be retained by the drug testing laboratory for a minimum of 5
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years. The drug testing laboratory shall retain (in properly secured refrigerated or
frozen storage) for a minimum period of 1 year, all confirmed positive specimens.
Within this 1 year period the City, employee, job applicant, MRO or HRS may
request in writing that the laboratory retain the specimen for an additional period of
time. If no such request, or notice of challenge (See 83) is received, the laboratory
may discard the specimen after 1 year of storage.
8. Challenges to Test Results
1. Within 5 working days after receiving notice of a positive, confirmed and verified test
result from the City, the employee or job applicant may submit information to the City
explaining or contesting the test results and why the results do not constitute a
violation of this program. The employee or job applicant will be notified in writing if
the explanation or challenge is unsatisfactory to the City. This written explanation
will be given to the employee or job applicant within 15 days of receipt of the
explanation or challenge, and will include why the employee's or job applicant's
explanation is unsatisfactory, along with the report of positive results. All such
documentation will be kept confidential and will be retained for at least 1 year.
2. Employees may challenge employment decisions made pursuant to this program as
may be authorized by the City personnel policy or collective bargaining agreements.
3. When an employee or job applicant undertakes an administrative or legal challenge
to the test results, it shall be the employee's or job applicant's responsibility to notify
the City through its Human Resources Director and the laboratory, in writing, or such
challenge and such notice shall include reference to the chain of custody specimen
identification number. After such notification, the sample shall be retained by the
laboratory until final disposition of the case or administrative appeal.
4. The Department of Health and Rehabilitative Services, employer or MRO detecting a
false positive error shall immediately notify the laboratory and the employee's
management representative to who the false positive test result was reported.
C. Employee/Applicant Protection
1. During the 180 day period after the employee's or applicant's receipt of the City's
written notification of a positive test result, the employee or applicant may request
that the City have a portion of the specimen retested, at the employee's or applicant
expense. The retesting must be done at another HRS licensed laboratory. The
second laboratory must test at equal or greater sensitivity for the drug in question as
the first laboratory. The first laboratory which performed the test for the City will be
responsible for the transfer of the portion of the specimen to be retested, and for the
integrity of the chain of custody for such transfer.
2. The drug testing laboratory will not disclose any information concerning the health or
mental condition of the tested employee or job applicant.
3. The City will not request or receive from the testing facility any information
concerning the personal health, habit or condition of the employee or job applicant
including, but not limited to, the presence or absence of HIV antibodies in a worker's
body fluids.
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4. The City will not dismiss, discipline, refuse to hire, discriminate against, or request or
require rehabilitation of an employee or job applicant on the sole basis of a positive
test result that has not been verified by a confirmation test.
5. The City will not dismiss, discipline or discriminate against an employee solely upon
the employee's voluntarily seeking treatment, while in the employ of the City, for a
drug-related problem, if the employee has not previously tested positive for drug use,
entered an employee assistance program for drug-related problems, or entered an
alcohol or drug rehabilitation program. This shall not prevent follow-up testing as
required by this program.
IX. Employee Assistance Program (EAP)
A. The City regards its employees as its most important asset. Accordingly, the City
maintains an EAP which provides help to employees who suffer from alcohol or drug
abuse and other personal or emotional problems. Employees with such problems
should seek confidential assistance from the EAP or other community resources before
drug or alcohol problems head to disciplinary action. Employees may contact the Human
Resources Department for the name of the City's EAP.
B. Information about a self-referred employee's contact with the EAP is confidential and will
not be disseminated without the employee's permission. Further, an employee is not
subject to discipline solely as a result of a self referral for treatment.
C. However, use of the EAP or other community resources will not shield the employee
from appropriate disciplinary action for violations of the City's Drug-Free Workplace
Program if such violations come to the City's attention through other means, including,
but not limited to, reports from employees or outsiders, direct observation, or drug
testing.
D. Employees referred to the EAP as a result of a first violation of the City's Drug-Free
Workplace Program may, at the City's discretion, be allowed to continue their
employment with the City provided:
1. They contact the EAP and strictly adhere to all the terms of treatment and
counseling;
2. Immediately cease any and all abuse/use of alcohol/drugs; and
3. Consent in writing to periodic unannounced testing for a period of up to 60 months
after returning to work or completion of any rehabilitation program, whichever is later.
4. Pass all drug test(s) administered under this program.
5. The employee executes and abides by an agreement describing the required
conditions.
E. Participation in any evaluation, treatment, or counseling program will be at the
employee's expense unless participation in the particular program is required by the
City, or unless the employee is entitled to such benefits under the terms of the City's
group health plan or by other available benefits.
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X. Investigation
A. To ensure that illegal drugs and alcohol do not enter or affect the workplace, the City
reserves the right to undertake reasonable searches of all vehicles, containers, lockers,
or other items on City property in furtherance of this program. Individuals may be
requested to display personal property for visual inspection.
B. Searches for the purpose described herein will be conducted only where the City has
reasonable suspicion that the employee has violated the City's Drug-Free Workplace
Program, and that evidence of such misconduct may be found during the search.
C. Preventing a premises/vehicle search or refusing to display personal property for visual
inspection will be grounds for dismissal and/or denial of access to City premises.
D. Searches of an employee's personal property will take place only in the employee's
presence. All searches under this program will occur with the utmost discretion and
consideration for the employee involved.
E. Individuals may be required to empty their pockets, but under no circumstances will an
employee be required to remove articles of clothing or be physically searched except by
law enforcement personnel having lawful authority to do so.
F. Because the City's primary concern is for the safety of its employees, the public and
their working environment, the City will not normally seek prosecution in matters
involving mere possession of illegal substances discovered solely as a result of search
under this section. However, the City will turn over all confiscated drugs and drug
paraphemalia to the proper law enforcement authorities. Further, the City reserves the
right to cooperate with or enlist the services of proper law enforcement authorities in the
course of any investigation.
XI. Arrest for Drug-Related Crime
A. As a condition of employment, each employee obligates himself or herself to notify his or
her appropriate management representative of the arrest for any alleged violation of or
conviction under any criminal drug statute, including but not limited to, offenses
described in Section 316.193, Chapter 859 and Chapter 893, Fla. Stat. (1991). Except
for the more immediate notice required under Article V.H. of this program, the employee
shall give the required notice within 48 hours of such event. Failure to notify will result in
dismissal.
B. Arrests:
If an employee is arrested on a charge of commission of a drug-related crime, the City
will perform a preliminary investigation of all of the facts and circumstances surrounding
the alleged offense, and City officials may utilize the drug-testing procedures in
accordance with this program. In most cases, the arrest for a drug-related crime, except
off-duty alcohol use, will constitute reasonable suspicion of drug use under this program.
However, information on drug test results shall not be released or used in any criminal
proceeding against the employee. Information released contrary to this section shall be
inadmissible as evidence in any such criminal proceeding. In conducting its own
investigation the City shall use the following procedures:
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During the preliminary investigation an employee may be placed on leave with pay, if
applicable, or removed from safety sensitive assignments/positions. After the
preliminary investigation in completed, but in no event later than 15 days after the
employee's department head learns of the arrest, normal personnel procedures shall be
implemented.
XII. Confidentiality
All information, interviews, reports, statements, memoranda and drug test results, written or
otherwise, received by the City as a part of this drug testing program are confidential
communications. Unless required by state or federal laws, rules or regulations, the City will
not release such information without a written consent form signed voluntarily by the person
tested, except when consulting with legal counsel in connection with action brought under or
related to S 440.101-102, or when the information is relevant to the City's defense in a civil
or administrative matter.
XIII. Records And Training
A. Resource File
The City will maintain a current resource file of providers of employee assistance including
alcohol and drug abuse programs, mental health providers, and various other persons,
entities or organizations designed to assist employees with personal or behavioral problems.
The City will inform employees and new hires about various employee assistance programs
that the employer may have available. The information shall be made available at a
reasonable time convenient to the City in a manner that permits discreet review by the
employee. The City will provide the names, addresses, and telephone numbers of
employee assistance programs and local alcohol and drug rehabilitation programs to
employees and applicants.
B. Individual Test Results
1. The MRO shall be the sole custodian of individual positive test results.
2. The MRO shall retain the reports of individual positive test results for a period of five
years.
3. The City shall keep confidential and retain for at least one year an employee's
challenge or explanation of a positive test result, the City's response thereto, and the
report of positive result.
4. The City shall keep all negative test results for five years.
C. General Records of the City of Sunny Isles Beach
1. Records which demonstrate that the collection process conforms to all appropriate
state or federal regulations shall be kept for three years.
2. A record of the number of employees tested by type of test shall be kept for five
years.
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3. Records confirming that managers, supervisors and employees have been trained
under this program shall be kept for three years.
D. Drug Training Program
1. The City shall establish and maintain a Drug Training Program. The Program shall,
at a minimum, include the following:
a. A written statement on file and available for inspection at its Human Resources
Department outlining the Program.
b. At least an annual educational and training component for employees which
addresses drugs; and
c. An educational and training component for all supervisory and managerial
personnel which addresses drugs.
2. The educational and training components described in D.l.b and D.1.c above shall
include the following:
a. The effects and consequences of drug use on personal health, safety and work
environment.
b. The manifestations and behavioral changes that may indicate drug use or abuse.
c. Documentation of training given to employees, supervisory and management
personnel.
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Addendum "A"
City of Sunny Isles Beach Drug-Free Workplace Program
CDL Drivers Policy
It is the policy of the City of Sunny Isles Beach (City) to promote safety of mass transit
operations by prohibiting the use of certain drugs and the misuse of alcohol by employees who
perform safety-sensitive functions. City employees are our most valuable resource and it is our
goal to provide a healthy, satisfying work environment that promotes personal opportunities for
growth. As one of the steps necessary to meet this goal, it is our policy to:
. Assure that employees are not impaired in their ability to perform assigned duties in a safe,
productive, and healthy manner;
. Create a workplace environment free from the adverse effects of drug and alcohol
substance abuse and misuse;
. Prohibit the unlawful manufacture, distribution, dispensing, attempt to purchase, possession,
trafficking, driving under the influence (DUI) or use of controlled substances; and
. Encourage employees to seek professional assistance anytime personal problems,
including alcohol or drug use and misuse, adversely affect their ability to perform their
assigned duties.
In accordance with the Federal Transit Administration (FTA) regulations entitled Prevention of
Prohibited DruQ Use in Transit Operations (49 CFR Part 655), and to meet the goals set forth
above, the City has established:
. An alcohol misuse prevention program in which safety-sensitive employees are tested
for the misuse of alcohol and supervisors are authorized to make reasonable suspicion
testing determinations and are trained to recognize the signs and symptoms of alcohol
misuse; and
. An anti-drug program to detect the use of prohibited drugs by urine testing and to deter
the use of those drugs by educating and training safety-sensitive employees about the
safety and health ramifications of drug use and abuse.
Implementation details are contained in this Drua-Free Workplace Proaram Policy - CDL
Addendum, and are in conformance with 49 CFR Parts 40 and 655 as amended, or future
amendments thereto.
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General
The City of Sunny Isles Beach (City) Transit Division performs a vital service to the public. To
ensure that this service is delivered safely for the riding public and all others, each City
employee and contractor has the responsibility to perform their duty in a safe and conscientious
manner. This policy establishes a drug and alcohol-free work environment to ensure that City
employees and its contractors remain free from the effects of drugs and alcohol in order to
guarantee the health and safety of the riding public and all others.
Applicability
The federally required provisions of this policy apply to all employees who perform a safety-
sensitive function for the City, as defined by the Federal Transportation Administration. This
policy also applies to companies and their employees under contract that perform a safety-
sensitive function for the City. All vendors under contract to perform a safety-related
function for the City shall be issued a copy of this policy at the time their contract is
approved.
Contractors performing a safety-sensitive function are required to have a drug and alcohol
policy that meets the requirements of the Federal Transit Administration's (FTA) drug and
alcohol testing regulations (49 CFR Parts 40 and 655) and the Drug Free Workplace Act of
1988, and must provide a copy to their employees. Contractors must submit a summary of their
drug and alcohol testing data for each quarter to City for audit, and for the calendar year as
required by FTA regulation. Failure of a contractor to follow the Federal Transit Administration's
(FT A) drug and alcohol testing regulations can result in the contract being canceled. Each
contractor is responsible for ensuring that any agency or person hired (collection agency,
medical review officer, substance abuse professional, etc.) to perform a drug or alcohol testing
function is performing that function as required in 49 CFR Parts 40 and 655.
This policy applies to all City safety-sensitive employees and contractors when on City property
or when performing any City related business. Further, covered employees are subject to drug
and alcohol testing under this policy when involved in City business while not on City property.
This policy also applies to off-site lunch periods or breaks when an employee is scheduled to
return to work.
Application of the Policy and Employee Responsibility
The City is dedicated to assuring the fair and equitable application of this substance abuse
prevention policy. Therefore, supervisors/managers are required to use and apply all aspects of
this policy in a consistent, unbiased, and impartial manner.
All covered employees have the responsibility of being knowledgeable regarding the
requirements of the employer's policies and procedures and to fully comply with the provisions
thereof.
Education and Training Programs
The City of Sunny Isles Beach believes that education and training of all employees in the
effects and treatment of substance abuse will contribute to a safer and more efficient workplace
for everyone. Therefore, educating and informing employees about the dangers of drug abuse
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or alcohol misuse and the possible penalties for violation of the City's Drug and Alcohol Policies
and Procedures are essential components of our program.
The City has established an employee education and training program for all covered
employees, including:
Education
The education components shall include display and distribution to every covered employee of
informational material and telephone number(s) for employee assistance, if available.
TraininQ
Covered employees must receive at least 60 minutes of training on the effects and
consequences of prohibited drug use on personal health, safety, and the work environment, and
on the signs and symptoms that may indicate prohibited drug use.
Supervisors and/or other company officers authorized by the employer to make reasonable
suspicion determinations under this policy shall receive at least 60 minutes of training on the
physical, behavioral, and performance indicators of probable drug use, and at least 60 minutes
of training on the physical, behavioral, speech, and performance indicators of probable alcohol
misuse.
PROHIBITED DRUG AND ALCOHOL CONDUCT
Manufacturing, Trafficking, Possession and Use of Controlled Substances
Consistent with existing City policy, the illegal use, sale, attempt to purchase, or possession of
narcotics, drugs or controlled substances by City employees on or off duty is cause for
administrative action up to and including termination.
Employees who are under the influence of alcohol, or who possess or consume alcohol on the
job, have the potential for interfering with their own, as well as their co-workers', safe and
efficient job performance. Such conditions will be proper cause for administrative action up to
and including dismissal.
The Drug-Free Workplace Act of 1988 requires that the City notifies all employees that the
unlawful manufacture, distribution, trafficking, sales, dispensing, possession and/or use of a
controlled substance is prohibited on City property, while using City equipment or while on City
business. The act also requires that the City provide an ongoing drug-free awareness program
to inform employees about: the dangers of drug and alcohol abuse in the workplace.
Covered employees
Employees performing any of the following functions are considered safety-sensitive and
covered by all the provisions of this policy:
. Operating a revenue vehicle, in or out of revenue service.
. Operating a non-revenue vehicle that requires a possession of a CDL license.
. Controlling dispatch or movement of a revenue service vehicle.
. Maintenance of a revenue service vehicle or equipment used in revenue service.
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Contractors performing safety-sensitive functions on any vehicle are also covered by the
provisions of this policy.
Covered Volunteers performing safety-sensitive functions on any vehicle are also covered by
the provision of this policy. A volunteer is a Covered Volunteer if (1) the volunteer is required to
hold a CDL or (2) the volunteer receives remuneration in excess of their actual expenses while
engaged in the volunteer activity.
Prohibited Alcohol Use
Alcohol Testing
Covered employees must submit to alcohol tests in accordance with 49 CFR Part 655 as
amended.
All City safety-sensitive employees are subject to alcohol testing prior to, during, and
immediately after performing their job duties. The City shall test for alcohol in the following
circumstances:
. Pre-employment
. Post-accident
. Reasonable suspicion
. Random
. Return to duty
. Follow-up
Confirmed alcohol breath concentrations of 0.04 or greater are considered positive. A covered
employee with a confirmed positive alcohol test will be relieved from duty immediately. (See
Employer Action on Positive Test Result and Refusal to Test.)
The use of products containing alcohol or substances including any medication, mouthwash,
food, candy, or any other substance such that alcohol is present in the body before performing
or while performing safety-sensitive functions is prohibited.
On-Duty Use
Covered employees are prohibited from using alcohol while performing safety-sensitive
functions. No employer having actual knowledge that a covered employee is using alcohol while
performing safety-sensitive functions shall permit the employee to perform or continue to
perform safety-sensitive functions.
Pre-Duty Use
Covered employees are prohibited from using alcohol within four (4) hours of reporting for duty.
No employer having actual knowledge that a covered employee has used alcohol within four (4)
hours of performing a safety-sensitive function shall permit the employee to perform or continue
to perform safety-sensitive functions.
Covered employees who are on-call or called to return to work overtime are prohibited from
consuming alcohol during their specified on-call hours. Employees who have consumed alcohol
and are asked to come back to work should inform the caller and decline the assignment.
Employees who do not accept an assignment will not be adversely affected.
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Employees who accept the assignment and present themselves ready to work will be subject to
alcohol testing.
Use Following an Accident
Covered employees required to take a post-accident alcohol test are prohibited from using
alcohol for eight (8) hours following the accident or until he or she undergoes a post-accident
alcohol test, whichever occurs first.
Other Alcohol-Related Conduct
Covered employees whose alcohol test results are 0.02 or greater but less than 0.04 will be
removed immediately from safety-sensitive functions.
Covered employees whose alcohol test results are 0.02 or greater but less than 0.04 will be
relieved from duty and placed on unpaid leave until the start of the employee's next regularly
scheduled duty period, but not less than 8 hours following the administration of the alcohol test.
A confirmed result of 0.02 or greater but less than 0.04 may lead to disciplinary action, up to and
including termination. Furthermore, excessive confirmed results of 0.02 or greater but less than
0.04 shall result in a dismissal recommendation.
Prohibited Drug Use
Prescribed Drugs
The appropriate use of legally prescribed drugs and non-prescription medication is not
prohibited. However, the use of any substance that carries a warning label that indicates that
mental functions, motor skills, or judgment may be adversely affected must be reported to
supervisory personnel and medical advice should be sought as appropriate, before performing
work-related duties.
A legally prescribed drug means that the individual has obtained a prescription or other written
approval from a physician for the use of a drug in the course of medical treatment. The
prescription or written authorization must include the covered employee's name, the name of
the substance, quantity/amount to be taken, and the period of authorization.
The misuse or abuse of legal drugs that have the potential to affect mental functions, motor
skills, or judgment is prohibited. Failure to comply may lead to disciplinary action, up to and
including dismissal.
Prohibited Drugs
Covered employees must submit to drug tests administered in accordance with 49 CFR Part
655 as amended.
The City is required to screen covered employees for prohibited drugs and drug metabolites in
the following circumstances: pre-employment, post-accident, reasonable suspicion, random,
return to duty and follow-up.
Covered employees shall be tested for the following prohibited drugs and any updates to drug
testing made by the Department of Transportation (DOT):
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~ Marijuana (Delta9-THC)
~ Cocaine (BZE)
~ Amphetamines
. MDA
. MDEA
. MDMA
. Methamphetamines
. Amphetamine
~ Opiates
. Codeine
. Morphine Drug or Metabolites
. 6-AM (Heroin)
~ Phencyclidine (PCP)
The use and consumption of the five illegal drugs is prohibited at all times and employees can
be tested for drugs anytime while on duty.
A covered employee that has a confirmed positive drug test result on a required test will be
relieved from duty immediately. A covered employee that refuses a drug test will be removed
from duty immediately. (See Employer Action on Positive Test Result and Refusal to Test.)
If a drug test is canceled on a pre-employment, return to duty, or follow-up test, the employee or
applicant must re-take the drug test and produce a negative drug test result.
An immediate observed collection will occur when an employee produces a sample out of the
temperature range, shows evidence of tampering/adulterant, and will be required on all return to
duty and follow up tests.
See Prohibited Drug and Alcohol Testing Procedures section for new collection procedures.
The City shall require an immediate retest upon being notified by the MRO that an employee's
test result is negative dilute. This policy applies to all required tests. (See required tests.)
Required Tests
Pre-Employment Testing
Requires:
~ DOT drug and alcohol tests.
~ Request For Drug and Alcohol Information From Previous Employer Form.
All applicants must produce a negative drug test and alcohol test result prior to being hired. If a
test is cancelled by the MRO, the prospective employee must retake the test as soon as
applicable.
An employee may not transfer from a non-safety sensitive position to a safety-sensitive position
until they take a pre-employment drug and alcohol test with verified negative results.
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The City is required to obtain a release from all applicants for the purpose of obtaining drug and
alcohol test results from their previous employer. Applicants that refuse to sign a City provided
release form will not be considered for safety-sensitive hiring.
A positive drug or alcohol test result will disqualify an external applicant for employment
consideration with the City for a period of one (1) year. Internal applicants will be subject to
disciplinary action, up to and including dismissal.
An applicant who has previously failed or refused a required drug or alcohol test must provide
proof of having successfully completed a SAP treatment plan, follow-up testing, and has taken
and passed a return to duty test. Applicants who fail to provide this information will not be
considered for safety-sensitive hiring.
Bus operators who have not performed a safety-sensitive function for thirty (30) days or more
due to personal illness or injury will be required to complete a safety-sensitive pre-employment
physical, before returning to safety-sensitive duties. Additionally, covered employees who have
not performed a safety-sensitive function for ninety (90) consecutive calendar days regardless
of the reason, will be required to take a pre-employment drug and alcohol test with negative
results before performing safety-sensitive duties. No covered employee will be permitted to a
resume safety-sensitive function before meeting the prescribed return to duty screenings.
External applicants or internal applicants temporarily disqualified for a medical condition will not
be hired until the Medical Review Officer has cleared them to perform safety-sensitive functions.
Post-Accident Testing
Requires:
~ DOT drug and alcohol tests.
~ Supervisor must transport and escort the employee into the testing site and return the
employee to the workplace.
~ FTA Post-Accident Report completed by the supervisor at the scene of the accident and
a copy sent to Human Resources.
Definition of Accident
Testing for prohibited drugs and alcohol will be conducted in the case of certain mass transit
accidents. An accident by the FTA is an occurrence associated with the operation of a vehicle
in which:
~ An individual dies, or
~ An individual receives injuries requiring immediate transport to a medical treatment
facility, or
~ With respect to an occurrence in which the mass transit vehicle involved is a bus,
electric bus, van or automobile, one or more vehicles (including non-FT A funded
vehicles) incurs disabling damage as the result of the occurrence and such vehicle or
vehicles are transported away from the scene by a tow truck or other vehicle or are
removed from service; or
~ With respect to an occurrence in which the mass transit vehicle involved is a rail car,
trolley car, trolley bus, or vessel, the mass transit is removed from operation.
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~ Disabling damage does not include damage to headlights, turn signals, horn, windshield
wipers, and tires or other damage that could be remedied temporarily at the scene of the
occurrence if special tools or parts were available.
Fatal Accidents
Covered employees must be tested for prohibited drug and alcohol concentration as soon as
practicable following an accident involving the loss of human life, regardless of circumstances.
Each surviving covered employee operating the mass transit vehicle at the time of the accident
shall be tested. The employer shall also test any other covered employee whose performance
could have contributed to the accident, as determined by the employer using the best
information available at the time of the decision.
The employee must be relieved from duty pending the results of the post-accident drug and
alcohol tests for all fatal accidents.
Nonfatal Accidents
Covered employees shall be tested for prohibited drug and alcohol concentration as soon as
practicable following an accident not involving the loss of human life. The employer shall test
each covered employee operating the mass transit vehicle at the time of the accident unless the
employer determines, using the best information available at the time of the decision, that the
covered employee's performance can be completely discounted as a contributing factor to the
accident. All decisions related to post accident testing must be documented in detail, using the
FTA Post Accident Report Form including the decision-making process used to reach a decision
not to test. The employer shall also test any other covered employee whose performance could
have contributed to the accident, as determined by the employer using the best information
available at the time of the decision.
If an alcohol test is not administered within two (2) hours following the accident, the employer
shall prepare and maintain on file a record stating the reason that the test was not promptly
administered. If an alcohol test is not administered within eight (8) hours following the accident,
attempts to administer an alcohol test shall cease and a record shall be maintained. Records
shall be submitted to the FT A upon request of the Administrator.
A post-accident drug test is required as soon as practicable but within thirty-two (32) hours of
the accident. If a required drug test is not administered within thirty-two (32) hours following
the accident, the employer shall prepare and maintain on file a record stating the reason that the
test was not promptly administered.
A covered employee is not prohibited from leaving the scene of an accident for the period
necessary to obtain assistance in responding to the accident or to obtain necessary medical
care.
A covered employee who leaves the accident scene without proper authorization prior to
submitting to a drug and/or alcohol test will be considered to have refused the test and will be
subject to disciplinary action, up to and including dismissal. (See Consequences, Refusal to
Test Violations.)
The employer may use the results of blood, urine, or breath tests for the use of determining
prohibited drugs or the misuse of alcohol, conducted by Federal, State, or local officials having
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independent authority for the tests. Such tests may be used only when the employer is unable
to perform a post-accident test within the required time period.
Management may decide to relieve an employee from safety-sensitive duty with pay pending
the results of the post-accident test. Management must notify Human Resources as soon as
possible that the employee was relieved pending the post-accident test results. Human
Resources will then notify management when the results are received in order to minimize
impact in operations.
Random Testing
Requires:
~ DOT drug and alcohol tests.
~ FTA Random Drug and Alcohol Notification Form.
The City is required to randomly test covered employees at the minimum annual rate set by the
FTA Administrator.
The selection of employees for random alcohol testing and prohibited drug testing shall be
made by a scientifically valid method, such as random number table or a computer based
random number generator that is matched with the employees' Social Security numbers, payroll
identification numbers, or other comparable identifying numbers. Under the selection process
used, each covered employee shall have an equal chance of being tested each time selections
are made.
The employer shall randomly select a sufficient number of covered employees for testing during
each calendar year to equal an annual rate not less than the minimum annual percentage rate
for random alcohol and prohibited drug testing determined by the Administrator.
The employer shall ensure that random tests are unannounced and unpredictable, and that the
dates for administering random tests are spread reasonably throughout the calendar year.
Random testing must be conducted at all times of day when safety-sensitive functions are
performed.
Once notified of selection for random testing, a covered employee must proceed to the test site
immediately. If the employee is performing a safety-sensitive function at the time of the
notification, the employer shall instead ensure that the employee ceases to perform the safety-
sensitive function and proceeds to the testing site immediately.
Covered employees not available on the day of their selection will be tested on the first day
back to work unless the covered employee is on a long-term absence.
Reasonable Suspicion Testing
Requires:
~ DOT drug and alcohol test.
~ Reasonable Suspicion Checklist completed by the supervisor making the determination
to send the employee for testing.
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~ Employee must be in the supervisor's presence at all times. The supervisor must
transport the employee and escort the employee into the testing site and return the
employee to their workplace.
~ Employee must be removed from duty pending the results of the drug and alcohol test.
Covered employees displaying the signs and symptoms of drug use or alcohol misuse are
required to submit to reasonable suspicion drug and alcohol testing when directed.
A decision to test for reasonable suspicion shall be based on specific, contemporaneous,
articulable observations concerning the appearance, behavior, speech or body odor of the
covered employee. Only supervisor(s) or other company official(s) trained in reasonable
suspicion testing can make the required observations for DOT reasonable suspicion
tests.
Alcohol testing is authorized by this section only if the observations required by this section are
made during, just preceding, or just after the period of the workday that the covered employee is
required to be in compliance. An employer may direct a covered employee to undergo
reasonable suspicion testing for alcohol only while the employee is performing safety-sensitive
functions; just before the employee is to perform safety-sensitive functions; or just after the
employee has ceased performing such functions.
Time Reauirements
If a reasonable suspicion alcohol test is not administered within two (2) hours following
determination of reasonable suspicion, the employer shall prepare and maintain on file a record
stating the reason the alcohol test was not promptly administered. If a reasonable suspicion
alcohol test is not administered within eight (8) hours following determination of reasonable
suspicion, the employer shall cease attempts to administer an alcohol test and shall state in the
record the reasons for not completing the test.
An employee displaying the signs and/or symptoms of drug use or alcohol misuse and sent for
reasonable suspicion testing must be relieved from duty after taking the reasonable suspicion
test. The employee cannot return to safety-sensitive duty until a negative test result is obtained.
Return to Duty Testing
Requires:
~ DOT drug and alcohol test.
~ Requires clearance by the Substance Abuse Professional to return to work.
Covered employees that were removed from duty because of a refusal to test or because of a
positive drug or alcohol test result must take and pass a return to duty test before returning to
work. A return-to-duty test will include testing for both prohibited drugs and alcohol. The
employee must have a negative drug test and an alcohol test result of less than 0.02 to return to
a safety-sensitive function.
See Prohibited Drug and Alcohol Testing Procedures section for new collection procedures.
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Follow-up Testing After Return to Duty
Requires:
~ DOT drug and alcohol tests.
~ FTA Random Drug and Alcohol Notification Form.
Covered employees that have passed a return to duty test will be subject to unannounced
follow-up testing for at least twelve (12) but not more than sixty (60) months. The duration of
the follow-up testing will be recommended by the Substance Abuse Professional with a
minimum of six (6) tests performed during the first twelve (12) months after the employee has
returned to duty.
See Prohibited Drug and Alcohol Testing Procedures section for new collection procedures.
Employees who go on Light Duty after they have entered a follow-up program are still subject to
follow-up drug and alcohol testing.
Testing Protocol
Covered employees are subject to City fitness for duty examinations if unable to provide a
sufficient amount of breath or urine for a required DOT test, and the MRO determines there is a
valid medical condition. Fitness for duty examinations will be conducted in accordance with
Sunny Isles Beach Testing Protocol.
Covered employees are also subject to alcohol tests and drug tests. Drug tests may also test for
other drugs in addition to those required by DOT. The level at which a result from a test
administered pursuant to City policy or contract language is a confirmed positive may be different
than the level for tests conducted pursuant to federal regulations. City administered drug and
alcohol tests will be conducted in accordance with City Testing Protocol.
Consequences
Refusal to Test Violations
The following behaviors displayed, but not limited to, by covered employees or applicants during
drug or alcohol testing shall constitute a refusal to test:
. Failure to appear for any test within a reasonable time, as determined by the employer,
after being directed to do so by the employer;
. Failure to remain at the testing site until the testing process is complete;
. Failure to provide a urine specimen, breath or saliva sample for any drug and alcohol
test required by DOT or FT A regulations;
. Failure to permit a direct observation or monitoring of your provision of a specimen;
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. Failure to provide a sufficient amount of urine or breath without an adequate medical
explanation;
. Failure or decline to take a second test the employer or collector requests you to take;
. Failure to undergo a medical examination or evaluation, as directed by the MRO as part
of the verification process, or as directed by the Designated Employer Representative as
part of the shy bladder or insufficient breath procedures;
. Failure to cooperate with any part of the testing process (e.g., refuse to empty pockets
when directed by the collector, behave in a confrontational way that disrupts the
collection process);
. When evidence is found that the employee is wearing a prosthetic device that could be
used to interfere with the collection process;
. When an employee admits to have adulterated his/her sample or substituting a
specimen to the MRO or the collector;
. If the MRO reports that your urine sample is determined to be a verified adulterated or
substituted specimen;
. A covered employee who leaves the accident scene without proper authorization prior to
submitting to a drug or alcohol test;
. Failure to sign the certification at Step 2 of the Alcohol Testing Form;
. Refusing to wash his or her hands;
. Admitting to adulterating or substituting a specimen.
The above behaviors constitute a violation of the City's Drug-Free Workplace Policy. The
covered employee shall be relieved of duty immediately and shall be subject to disciplinary
action up to and including dismissal. (See Employer Action on Positive Test Result and Refusal
to Test.)
Employer Action on Positive Test Result and Refusal to Test
Immediately after receiving notice from a Medical Review Officer (MRO) that a covered
employee has a verified positive drug test, the employer shall remove the covered employee
from safety-sensitive duty immediately.
Immediately after receiving notice from a Breath Alcohol Technician (BAT) that a covered
employee has a confirmed alcohol test result of 0.04 or greater, the employer shall remove the
covered employee from safety-sensitive duty immediately.
If a covered employee refuses to submit to a required drug or alcohol test, the employer shall
remove the covered employee from safety-sensitive duty immediately. (See also Refusal to Test
Violations. )
A covered employee that was removed from duty because of a refusal to test or because of a
positive drug or alcohol test result must be referred to a Substance Abuse Professional (SAP).
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The employee must also meet the requirements for returning to duty, including taking a return to
duty test. (See also Referral, Evaluation and Treatment; Return to Duty Testing; Follow-up
Testing After Return to Duty.)
Referral, Evaluation, and Treatment
Employees that refuse to test or test positive for prohibited drug and alcohol will be advised of
resources available for evaluating and resolving problems associated with substance abuse and
alcohol misuse, including the names, addresses, and telephone numbers of the substance
abuse professional (SAP) and counseling and treatment programs.
The provisions of this section are not meant to convey to an employee the right to raise a
problem with substance abuse as a defense to the commission of an act that may result in
disciplinary action.
Under certain circumstances, employees may be required to undergo treatment for substance
abuse. A covered employee who refuses or fails to comply with treatment requirements, after
care, or return to duty requirements, shall be subject to disciplinary action, up to and including
dismissal.
Assessment by a SAP does not shield an employee from disciplinary action or guarantee
continued employment with the City.
The cost of any treatment or rehabilitation services will be paid directly by the employee or their
insurance provider.
If applicable and available, employees will be permitted to take leave to participate in the
prescribed rehabilitation program.
Employees who are permitted to return to work must enter into a written return to work contract
with the City. Any violations of the provisions of the contract will result in disciplinary action, up
to and including dismissal.
Employee Assistance Program
The Employee Assistance Program (EAP) is a service designed to provide assistance to
employees whose personal problems are affecting their ability to function on the job, at home or
in society. The City encourages employees that have a drug or alcohol problem to seek help
immediately through the EAP.
A covered employee cannot admit to a drug or alcohol problem once they are notified to
proceed to take a DOT drug/alcohol test. Employees are notified that admitting to a drug or
alcohol problem does not exempt them from the consequences of any drug and/or alcohol
violation described in this policy.
Discipline Policy
Covered employees who test positive for prohibited drugs and/or alcohol on the first occurrence,
excluding post-accidents, will be offered a continued work agreement in lieu of dismissal. The
agreement will include a minimum ten (10) day disciplinary suspension, evaluation, and
mandatory follow-up testing as determined by the Substance Abuse Professional. Second
occurrences of violations of the City's Drug-Free Workplace Program Policy shall result in a
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dismissal recommendation, pursuant to the terms and conditions of the continued work
agreement.
Additionally, employees arrested for being under the influence and/or involved in actions that
prohibit the unlawful manufacture, distribution, attempt to purchase, dispensing, possession,
trafficking, sales, or use of controlled substances, refusals to submit to drug/alcohol testing as
defined in the policy guidelines and/or first positives resulting from post-accident testing shall be
reviewed by the City as a dismissal recommendation and subject to dismissal.
Notifying City of Criminal Drug Conviction or Arrest
Employees arrested on or off-duty are required to notify the City, including but not limited to,
those related to drug charges for possession, sale, manufacture, dispensing, attempt to
purchase, distribution, or trafficking, and DUI within three days of the arrest.
Retention of Records
The City shall maintain all alcohol and prohibited drug testing information including test results
and other appropriate records in a secure manner to prevent the disclosure of such information
to unauthorized personnel. The records shall be maintained in a secure location with controlled
access.
Period of retention
In determining compliance with the retention period requirement, each record shall be
maintained for the specified period of time, measured from the date of the creation of the
document or data. Records shall be maintained in accordance with State Statutes.
Access to facilities or records will be allowed as required by law or expressly authorized in State
Statutes.
Employees must submit a written request to Human Resources for copies of their drug and
alcohol test results. Employees must request in writing to have their drug and alcohol records
released/forwarded to any agency or business requesting verification of previous drug and
alcohol test results.
Prohibited Drug and Alcohol Testing Procedures
Covered employees and applicants must submit to drug and alcohol collection procedures in
accordance with 49 CFR Part 40 as amended.
Covered employees and applicants must follow directions given for the purpose of collecting
their drug, alcohol, or saliva sample. Failure to comply constitutes a refusal to test and the
employee or applicant will be subject to disciplinary action up to and including dismissal. (See
Employer Action on Positive Test Result and Refusal to Test.)
Drug testing will be conducted using urine samples as referenced in 49 CFR Part 40. Alcohol
testing will be conducted using breath or saliva samples as referenced in 49 CFR Part 40.
DOT Part 40 regulations require that all follow up tests and return-to-duty tests must be directly
observed. Employees must raise their shirts, blouses, or dresses/skirts, as appropriate above
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the waist and lower their pants and underpants to show the observer, by turning around that
they do not have a prosthetic device on their person. After this is done, they may return their
clothing to its proper position and contribute a specimen in such manner that the observer can
see the urine exiting directly from the individual into the collection container, as required under
current regulations.
An immediate observed collection will also occur when: an employee produces a sample out of
the temperature range; shows evidence of tampering/adulterant; if the original specimen
appeared to have been tampered with; is required on all return to duty and follow up tests; if the
laboratory reported to the MRO that a specimen is invalid and the MRO reported that there was
not an adequate medical explanation for the result; the MRO reported that the original positive,
adulterated or substituted test result had to be canceled because the split specimen could not
be performed. (See Part 40.67 for additional instructions.)
All insufficient breath alcohol test results (shy lung) and all inability to produce urine samples
(shy bladders) will result in the employee being relieved from duty immediately pending a
medical evaluation. The employee will be instructed to proceed to the City's Medical Review
Officer (MRO) to conduct the medical evaluation. If there is no valid medical reason for not
providing a breath sample or urine sample, the employee will be considered a refusal to test.
(See Employer Action on Positive Test Result and Refusal to Test.)
The covered employee relieved from duty because of a shy lung or shy bladder cannot return to
safety-sensitive duty until they are cleared by the Medical Review Officer.
Covered employees that are informed by the Medical Review Officer of a confirmed positive
drug test result, or a verified refusal to test because of adulteration or substitution, have 72
hours to request a test of the split specimen sample. If an employee requests an analysis of the
split specimen within 72 hours of notification of a verified positive test, or a verified refusal to
test because of adulteration or substitution, the Medical Review Officer shall direct the
laboratory in writing to provide the split specimen sample to another Department of Health and
Human Services (DHHS) certified laboratory for analysis as required in Part 40 procedures.
During the time for the retest, the employee will be relieved of duty with pay pending the results
of the split specimen sample. The employee can only resume safety-sensitive functions if the
MRO declares the test is negative. If the MRO declares the test is positive, the employee will be
relieved of duty immediately. (See Employer Action on Positive Test Result and Refusal to
Test. )
This policy complies with the Federal Transit Administration's (FTA) drug and alcohol testing
regulations (49 CFR Parts 40 and 655) and the Drug Free Workplace Act of 1988. This policy is
provided to help employees and contractors better understand the requirements of the drug and
alcohol testing procedures and regulations.
A copy of this policy shall be provided to all covered employees, representatives of employer
organizations, and contractors as required by Part 655.
Copies of 49 CFR Part 40 (Procedures for Workplace Drug and Alcohol Testing) will be
maintained for reference in the Human Resources Department.
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Appendix A
Contact Information and Services
. Human Resources Department
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach 33160
Phone: (305) 792-1708 Fax: (305) 792-1643
Priscilla Walker, Assistant to City Manager/HR - (786) 202-1145 Cell
Yael Londono, HRlBenefits Administrator - (786) 271-4389 Cell
. Occupational Health Services Provider
Medical Review Officer
Kenneth Kaplan, MD.,
Mt. Sinai Occupational Health Center, 4300 Alton Rd., Miami Beach, FL 33140
Phone: (305) 674-2312
Testing Centers
Mount Sinai Medical Center Emergency Room,
2845 Aventura Boulevard, Aventura, FL 33180
Phone: 305-692-1000 (Open 24 Hours)
Mt. Sinai Occupational Health Center
Lowenstein Bldg., 4300 Alton Rd, Miami Beach, FL 33140
Phone: (305) 674-2312
Mt. Sinai Medical Center Emergency Department
4300 Alton Rd., Miami Beach, FL 33140
Phone: (305) 674-2200 (Open 24 Hours)
. Substance Abuse Professional
Kenneth Kaplan, MD.,
Mt. Sinai Occupational Health Center, 4300 Alton Rd., Miami Beach, FL 33140
Phone: (305) 674-2312
. Certified DHHS Testing Laboratory
Doctors Laboratory, Inc., 2906 Julia Dr., Valdosta, GA 31602 (229) 244-4468
. Employee Assistance Program
Mutual of Omaha's Employee Assistance Program
Phone: (800) 316-2796/ mutualofomaha.com/eap
Professional, confidential, consultation, 24 hours a day
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Appendix B
Sunny Isles Beach Safety-Sensitive Classifications
The following occupational functions have been reviewed and determined to be safety-sensitive.
The City will periodically review current and newly created occupations for required DOT drug
and alcohol testing.
1. Shuttle Bus Driver
2. Street Sweeper
3. Fleet Manager
4. Maintenance Workers w/CDL requirement
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Appendix C
Definitions:
Accident An occurrence associated with the operation of a vehicle, if as a result -
(1) an individual dies; or
(2) an individual suffers a bodily injury and immediately receives medical treatment away
from the scene of the accident; or
(3) with respect to an occurrence in which the mass transit vehicle involved is a bus, electric
bus, van or automobile, one or more vehicles (including non-FTA funded vehicles) incurs
disabling damage as the result of the occurrence and such vehicle or vehicles are
transported away from the scene by a tow truck or other vehicle.
(4) with respect to an occurrence in which the mass transit vehicle involved is a rail car,
trolley car, trolley bus, or vessel, the mass transit is removed from operation.
Administrator The administrator of the Federal Transit Administration or the Administrator's
designee.
Anti-drug Program - A program to detect and deter the use of prohibited drugs as required by
this part.
Breath Alcohol Technician (BAT) - An individual who instructs and assists individuals in the
alcohol testing process and operates an EST.
Certification - A recipient's written statement, authorized by the organization's governing board
or other authorizing official that the recipient has complied with the provisions of this part. (See
49 CFR Part 655.82 and 655.83 for certification requirements.)
Contractor - A person or organization that provides a safety-sensitive service for a recipient,
sub-recipient, employer, or operator consistent with a specific understanding or arrangement.
The understanding can be a written contract or an informal arrangement that reflects an ongoing
relationship between the parties.
Covered Employee - A person, including an applicant or transferee, who performs or will
perform a safety-sensitive function for an entity subject to this part; however, a volunteer is a
covered employee if:
(1) The volunteer is required to hold a commercial driver's license to operate the vehicle; or
(2) The volunteer performs a safety-sensitive function for an entity subject to this part and
receives remuneration in excess of his or her actual expenses incurred while engaging
in the volunteer activity.
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Appendix C continued
Disabling damage - Damage that precludes departure of a motor vehicle from the scene of the
accident in its usual manner in daylight after simple repairs.
(1) Inclusion. Damage to a motor vehicle, where the vehicle could have been driven, but
would have been further damaged if so driven.
(2) Exclusion.
(i) Damage that can be remedied temporarily at the scene of the accident without
special tools or parts.
(ii) Tire disablement without other damage even if no spare tire is available.
(Hi) Headlamp or taillight damage.
(iv) Damage to turn signals, horn, or windshield wipers which make the vehicle
inoperable.
DOT or The Department - The United States Department of Transportation.
DOT Agency - An agency ("or operating administrator") of the United States Department of
Transportation administering regulations requiring drug and alcohol testing (see 14 CFR part 95;
46 CFR parts 4,5,and 16; and 49 CFR parts 199, 219, 382, and 655).
Employer - A recipient or other entity that provides mass transportation service or which
performs a safety-sensitive function for such recipient of other entity. This term includes sub-
recipients, operators and contractors.
FTA - The Federal Transit Administration, an agency of the United States Department of
Transportation.
Medical Review Officer (MRO) - A licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by an employer's drug testing program
who has knowledge of substance abuse disorders and has appropriate medical training to
interpret and evaluate an individuals' confirmed positive test result together with his or her
medical history and any other relevant biomedical information.
Performing a safety-sensitive function - A covered employee is considered to be performing
a safety-sensitive function and includes any period in which he or she is actually performing,
ready to perform, or immediately available to perform such functions.
Positive rate - The sum of the annual number of positive results for random drug test
conducted under this part plus the annual number of refusals to submit to a random drug test
authorized under this part divided by the sum of the annual number of random drug tests
conducted under this part plus the annual number of refusals to submit to a random drug test
authorized under this part.
Prohibited Drugs - marijuana, cocaine, opiates, amphetamines, or phencyclidine.
Recipient - An entity receiving Federal financial assistance under 49 U.S.C.5307, 5309, or
5311; or under 23 U.S.C. 103(e)(4).
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12/15/2011
Appendix C continued
Refuse to Submit - Any circumstances outlined in 49 CFR 40.191 and 40.261.
Safety-sensitive function - Any of the following duties performed by employees of recipients,
sub-recipients, operators, or contractors:
(1) Operating a revenue service vehicle, including when not in revenue service;
(2) Operating a non-revenue service vehicle, when required to be operated by a holder of a
Commercial Driver's License (CDL);
(3) Controlling dispatch or movement of a revenue service vehicle;
(4) Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or
equipment used in revenue service. This section does not apply to the following: an
employer who receives funding under 49 U.S.C. 5307 or 5309, is in an area less than
200,000 in population, and contracts out such services; or an employer who receives
funding under 49 U.S.C. 5311 and contracts out such services;
(5) Carrying a firearm for security purposes.
Substance Abuse Professional (SAP) - A licensed physician (medical doctor or doctor of
osteopathy) or a licensed or certified psychologist, social worker, employee assistance
professional or addiction counselor (certified by the National Association of Alcoholism and Drug
Abuse Counselors Certification Commission), with knowledge of and clinical experience in the
diagnosis and treatment of drug and alcohol-related disorders.
Vehicle - A bus, electric bus, van, automobile, rail car, trolley car, trolley bus or vessel. A mass
transit vehicle is a vehicle used for mass transportation or for ancillary services.
Violation rate - The sum of the annual number of results from the random alcohol tests
conducted under this part that have alcohol concentration of .04' or greater plus the annual
number of refusals to submit to alcohol tests authorized under this part, divided by the sum of
the annual of random alcohol tests conducted under this part plus the annual number of refusals
to submit to a drug test authorized under this part.
SIB_Drug-Free_ Workplace_Program_-_ W-CDL
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12/15/201 I
Preview
Page 1 of2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Priscilla Walker, Assistant to City Manager/Human Resources
DATE:
12/15/2011
RE:
Drug-Free Workplace Program Policy Amendments
RECOMMENDATION:
It is recommended that the City Commission consider the attached resolution approving
the City of Sunny Isles Beach Drug-Free Workplace Program Policy, as amended.
REASONS:
The City of Sunny Isles Beach is sub-recipient of American Recovery and Reinvestment
Act (ARRA) grant funds administered through Miami-Dade Transit (MDT). MDT is the
grantee of the Federal Transit Administration (FT A). All sub-recipients are required to
have a Drug-Free Workplace Program Policy that includes specific elements covered in
the FTA Regulations 49CFR Part 655.
In sum, the policy must contain the following elements:
. Approval by governing board or other "final authority" for the agency
· Identity of contact person
· Employee categories subject to testing
· Prohibited behavior
. Testing policy & procedures (employees testing requirements)
. Behavior that constitutes a refusal to submit to a test
. Consequences for an employee who has a verified positive test result
. Consequences for an employee found to have an alcohol concentration of 0.02 or
greater but less than 0.04, and a policy regarding secondary testing upon receipt of
a negative-dilute result from the Medical Review Officer.
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=667 &MeetingID=O&MeetingDate... 12/8/2011
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Page 2 of2
ADDITIONAL INFORMATION:
The policy before you has been amended to include all of the required elements and has
received initial approval by Miami-Dade County. The amendments affect the CDL
Driver Addendum section of the policy and include the following:
1. A requirement that the policy shall apply to contractors performing safety sensitive
functions on ARRA grant funded vehicles. (Page 23 - Applicability).
2. A definition for "Covered Employee" and "Covered Volunteer". (Page 24 -
Covered Employees).
3. A requirement that Bus Operators who have not performed a safety-sensitive
function for 30 days or more due to a personal illness/injury must complete a pre-
employment physical before returning to safety-sensitive duties. (Page 28 -
Paragraph 4).
4. An updated "Definition of Accident" section. (Page 28 - Definition of Accident).
Thank you.
FUNDING SOURCE:
This item does not require a funding source.
ATTACHMENTS:
.
Resolution
.
Drug-Free Workplace Program
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=667 &MeetingID=O&MeetingDate... 12/8/2011