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HomeMy WebLinkAboutResolutions - 1995.05.11 - 24539May 11, 1995 MISCELLANEOUS RESOLUTION #95129 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: RISK MANAGMENT - COMMERCIAL DRIVERS' LICENSE (CDL) AND EMPLOYEE DRUG AND ALCOHOL TESTING POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County must comply with all applicable provisions of the Omnibus Tr rtation Act of 1991, P.L. 102-143, and Federal Regulations promulgated in the interests of preventing drug and alcohol related accidents or casualties in the operation of any County-owned Commercial Motor Vehicle; and WHEREAS the Risk Management Division has formulated a County policy regarding Alcohol and Controlled Substance Testing Procedures for CDL drivers, including employment testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty testing and follow-up testing as provided for by federal law. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves the attached Commercial Drivers' License (CDL) and Employee Drug and Alcohol Testing Policy. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. Fi ce and Personnel_ Committee COMMERCIAL DRIVER'S LICENSE (CDL) . EMPLOYEE DRUG AND ALCOHOL TESTING POLICY The County of Oakland shall comply with all applicable provisions of the Omnibus Transportation Act 1991, P.L. 102-143, and the Federal Regulations promulgated thereunder, in the interests of preventing drug and alcohol related accidents or casualties in the operation of any County-owned Commercial Motor Vehicle (CMV). For this and other public and employee health and safety related concerns, the County of Oakland, consistent with applicable federal law, does hereby require that all current and/or prospective County employees who are required to drive a Commercial Motor Vehicle (CMV) or otherwise required to obtain and/or maintain a Commercial Drivers License (CDL) in connection with their County employment shall be subject to both controlled substance and/or alcohol testing as required by applicable federal law. Controlled substance and/or alcohol testing shall include employment testing as well as post-accident testing, random testing, reasonable suspicion testing, return to duty testing and follow-up testing as provided for by federal law. County employees who either operate any County-owned CMV or are required to obtain and/or maintain a CDL in the course of their County employment are prohibited from using, possessing or being under the influence of alcohol or non-prescription controlled substances or from having a blood-alcohol content of .02 B.A.C. or greater while performing their County job duties. Any current or prospective County CDL driver who refuses to submit to alcohol or controlled substance test as required by federal law or violates procedures and/or directives created pursuant to this Policy, may be subject to disciplinary action up to and including dismissal or immediate rejection of any.applicant for further consideration for County employment. The Risk Management and Safety Division shall attempt to provide all such reasonably necessary and available informational materials explaining the federal law to current and prospective employee's whose job duties may require a CDL. The Risk Management and Safety Division shall also provide sufficient information regarding safety sensitive functions to current employees to make clear what period(s) of the workday County CDL driver's are required to comply with this Policy and applicable federal law. The Risk Management and Safety Division shall establish specific procedures and provide specific information to CDL driver's about specific prohibited conduct under this Policy and/or applicable federal law and the circumstances and procedures that will be used to determine when a driver is to be tested and how such tests are to be conducted. Risk Management shall also assign an employee to attempt to help answer any County CDL driver's questions in this regard. Under no circumstances, however, shall the failure of the Risk Management and Safety Division to provide any informational materials or answer any CDL driver's question relieve any County CDL driver from his or her personal responsibility for compliance with any and all applicable legal requirements for CDL recipients under any applicable federal law or this Policy. The Risk Manager and the Personnel Director are hereby authorized, consistent with this Policy and applicable federal law, to establish such further procedures and directives, including appropriate disciplinary standards, necessary to insure the timely and full implementation of this Policy. COUNTY OF OAKLAND ALCOHOL AND CONTROLLED SUBSTANCE TESTING PROCEDURE FOR CDL DRIVERS On February 15, 1994, the final rule for alcohol and controlled substance testing was printed in the Federal Register (Vol. 59, No. 31). The County of Oakland hereby gives notice to all employees who have the responsibility of driving County vehicles under the conditions mentioned below. The purpose of the controlled substance and alcohol procedure is to prevent accidents and casualties in County operations that result from drivers being under the influence of drugs, controlled substances, or alcohol and to maintain high standards of conduct, responsibility, proficiency, and integrity. If you are a controlled substance user or have an alcohol use problem, you are encouraged to seek assistance through the County's Employee Assistance Program to resolve your alcohol and/or controlled substance problem before being selected for any alcohol or substance abuse testing. Employees violating these procedures and/or prohibited activities under the Department of Transportation rules and regulations are subject to appropriate disciplinary action up to and including dismissal and/or other remedial measures as the individual circumstances warrant. APPLICABILITY The rule applies to every County employee and/or prospective County employee who is required to drive a commercial motor vehicle (CMV) or is otherwise required to obtain and/or maintain a commercial drivers license (CDL) in connection with their County employment. The rule covers interstate and intrastate truck and motor coach operations including those operated by federal, state and local government agencies, church and civic organizations, school districts, Indian tribes, farmers, custom harvesters for hire, and private companies as required by the Omnibus Transportation Act of 1991. TESTING REQUIREMENTS Alcohol and Controlled substance testing shall be performed under the following circumstances: • Employment physical • Post-accident (when a citation is issued to a County employee and/or death has occurred as a result of an accident) • Random* • Return-to-duty (where applicable, as determined by the employer) • Reasonable suspicion testing Alcohol a. Evidential Breath Test (EBT) readings of less than .02 are considered to be negative. b. EBT readings of .02 or greater, but less than .04, are not in violation of the rule, but driver must be removed from safety sensitive functions for no less than 24 hours. c. Confirmed EBT readings of .04 or greater are considered to be in violation of the rule. Page Two Controlled Substance The urine will be tested for the presence of Marijuana, Cocaine, Phencyclidine, Opiates and Amphetamines. Split Sampling: a) A split-sample of urine will be required on all controlled substance testing under this rule. b) The rule will require that 45 ml of urine (30 ml for the primary specimen and 15 for the secondary specimen) be collected. C) The driver has 72 hours to request testing of secondary specimen if he/she disputes a positive result verified by the Medical Review Officer (MRO). d) The secondary specimen will be stored at the laboratory. e) Failure to produce a sample in a reasonable amount of time will be considered a refusal and appropriate disciplinary actions will be taken up to and including dismissal from County employment. 'Alcohol Random selection must be performed at a minimum rate of 25% of the average number of driver positions annuaNy. Controlled substance random selection is done at a 50% rate. These figures are subject to review and adjustment by the FHWA. OAKLAND COUNTY'S RESPONSIBILITY 1. Oakland County has arranged for Ideal Occupational Clinic to perform all drug tests. The clinic shall have available all equipment and personnel necessary to enable Oakland County to conform to the Alcohol and Controlled Substance Program. 2. Oakland County shall obtain evidential breath testing (EBT) equipment from the conforming products list printed by DOT. Oakland County Risk Management and Safety shall train and certify two of its staff as Breath Alcohol Technicians (BATs). Breath alcohol tests will be performed by these individuals unless there is a matter of urgency when neither can be reached, at which time Ideal Occupational Clinic will administer the test. 3. Oakland County has arranged for the services of a laboratory, certified by the Department of Public Health and Human Services, to perform all controlled substance test analysis. 4. Oakland County has arranged for a qualified licensed physician to act as the Medical Review Officer (MRO). The MRO has knowledge of substance abuse problems and has appropriate training to evaluate and interpret a person's positive test results, medical history, and any other relevant information. The MAO will select names for random alcohol and controlled substance testing. 5. Managers and supervisors of drivers to whom this program applies (CDL drivers) must attend a minimum of 2 hours of training which will familiarize them with this program and will provide information necessary to make an articuable, contemporaneous observation of an employee to determine reasonable suspicion of an employee as it applies to violations'of this program. Page Three 6. Risk Management and Safety shall provide the training for managers and supervisors in reference to number 5. 7. Risk Management and Safety is the designated County representative to answer questions regarding this program. They can be reached at 858-0483 or 858-5138. 8. Risk Management and Safety will supply all required information about this policy to managers and supervisors of CDL drivers. The aforementioned managers and supervisors shall be responsible for distributing this information to all CDL drivers. New hires will be provided with the information at the time of their employment physical. 9. Oakland County shall comply with all directives of the DOT Alcohol and Controlled Substance Testing Rule. PROCEDURES 1. Employment physical: • Employee must receive negative readings on both alcohol and controlled substance testing before performing any safety sensitive functions for the County. Testing will be part of employment physical. 2. Post-accident: • Driver shall immediately, or as soon as possible, contact their supervisor and remain readily available for testing after accident. • CDL driver shall be tested for alcohol and controlled substance as soon as possible after an accident when a citation is issued to the CDL driver or when the accident involves the loss of human life. • Supervisor will take the CDL driver to the clinic for testing. Under no circumstances will CDL drivers transport themselves to the clinic after an accident involving the above circumstances. • The supervisor shall immediately notify Risk Management and Safety of the accident at 858-5138. • 3. Random: • The attendance clerk will be given the names of CDL drivers to be tested. They will contact that employees's manager/supervisor. • Manager/supervisor must insure that CDL driver is notified. Once notified, the driver must immediately proceed to the test site for testing unless instructed otherwise by their manager/supervisor. Page Four 4. Reasonable suspicion: • Manager/supervisor shall require CDL driver to report for testing when it is determined that reasonable suspicion of controlled substance or alcohol abuse exists. • Manager/supervisor shall take CDL driver to clinic. Under no circumstances will CDL drivers transport themselves to the clinic when testing because of reasonable suspicion. • Alcohol tests will be administered by Risk Management and Safety or Ideal Occupational Clinic. Controlled substance tests will be administered by Ideal occupational clinic. 5. Return to-duty (where determined to be applicable by the employer): • Following a determination by the employer that the CDL driver's employment will be continued, they shall be required to comply with all (SAP) substance abuse professional rehabilitation program requirements and undergo a return-to-duty alcohol and/or controlled substances test and also be subject to unannounced follow-up testing as prescribed by a SAP. EFFECTS OF ALCOHOL AND CONTROLLED SUBSTANCE USE ON HEALTH. WORK AND PERSONAL LIFE 1. Marijuana (THC, hashish, hashish oil) - Could impair or reduce short term memory and comprehension. Marijuana may cause paranoia or psychosis and a psychological dependence may develop after long term use. Marijuana also contains more cancer causing agents than tobacco. 2. Cocaine (Crack, coke) - Causes elevated blood pressure, heart rate, and respiratory rate. May cause brain seizures, respiratory paralysis, or psychosis. Highly addictive. 3. Opiates (Opium, heroin, morphine, codeine, methadone) - Easy to overdose which may cause user to lapse into coma or die. Highly addictive. 4. Amphetamines - A prescription drug used for weight control, head colds, hay fever, narcolepsy, and other numerous ailments. Popular as an inhalant. Classified as a stimulant of the nervous system. 5. Phencyclidine (PCP, angel dust) - Very dangerous and affects are unpredictable. Phencyclidine is a hallucinogen. Disrupts the portion of the brain that controls intellect and instinct and causes loss of coordination. Large doses may cause convulsions, coma, heart or lung failure, or ruptured blood vessels in the brain. 6. Alcohol - Causes physical and mood altering affects. More specifically, slowed reaction time, slurred speech, distorted vision and drowsiness. Addiction to alcohol can cause, drops in productivity, frequent tardiness, missed days and higher than normal medical bills. The affects of alcohol abuse are proven to have a substantial negative affect on ones life. Page Five NTERVENTION If you suspect an employee is under the influence of alcohol or controlled substances, you as a supervisor/manager are obligated to intervene before the employee endangers innocent lives by performing safety sensitive functions while under the influence. Here are some important items to remember when confronting an employee: • Take control of the situation but avoid escalating the situation. • Allow the employee to express their side of the situation. • Be sure to document your observations. • It is helpful, but not necessary, to have another person verify your observations, but you must also insure a reasonable amount of confidentiality. In summary, be fair, control the situation, and remember you are protecting the safety of your employees and the public. If you have any questions regarding this policy please call Risk Management and Safety at 858-0483 or 858-5138. The preceding document is a summary of Oakland County's Alcohol and Controlled Substance Polio) and Procedures for CDL drivers as required by Federal law. It is not meant to be all inclusive. For more detailed information, refer to the federal regulations which are found in the Federal Register. Sources for this information are: • federal Register (Vol. 59, No. 31) • RCOC Alcohol and Controlled Substance Policy RS/dg aActrishnd.out The following is a re-emphasis of the prohibited actions under The Department of Transportation's Alcohol and controlled Substance Rules and Regulations. This document also includes the consequences for violating DOT rules and regulations and/or Oakland County's Policy and procedure. Prohibitions under the DOT Rules and Regulations 1. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of .04 or greater. 2. No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. 3. No driver shall use alcohol while performing safety-sensitive functions. 4. No driver shall perform safety-sensitive functions within four hours after using alcohol. 5. No driver required to take a post-accident alcohol test shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first. 6. No driver shall refuse to or controlled substance test, substances test, a reasonable substance test or a follow-up test. submit to a post-accident alcohol a random alcohol or controlled suspicion alcohol or controlled alcohol or controlled substances 7. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. An employee may be required to inform the employer of any therapeutic drug use. 8. No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances. Consequences for Violations of Alcohol/Controlled Substance Abuse Policy and/or DOT Rules and Regulations. Applicants who refuse to submit to a alcohol or controlled substances test or who have a alcohol test or a controlled substances test with a verified positive test result, will not be hired. EBT (Evidential Breath Testing) readings of less than .02 are considered to be negative. Drivers with confirmed EBT readings of .02 or greater but less than .04 are not in violation of the Federal Register Rules and Regulations but are required to be removed from the safety-sensitive functions until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test. This time may be considered unauthorized leave without pay and may subject the employee to disciplinary action. Alcohol testing must be performed by a certified Breath Alcohol Technician (BAT) utilizing EBT equipment only. Violation(s) of any of the above listed prohibited activities may result in disciplinary action up to and including dismissal from County employment. Upon determining that a violation has been committed, the appropriate level of discipline will be determined by the employer on an individual basis. The type of violation committed and the employee's County employment record will be included in the consideration when making this determination. If it is determined that the employee's employment will not be continued, the dismissal will be handled in accordance with Merit System Rules and contract provisions (if applicable). If it is determined that the employee's employment will be continued, the employee will be referred to the Employee Assistance Program for information regarding: - resources available for evaluations and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance abuse professionals and counselling and treatment programs. - a referral to a substance abuse professional (SAP) who shall determine what assistance, if any, the employee may need in resolving problems associated with alcohol misuse and controlled substances use. Before being allowed to return to duty requiring the performance of a safety-sensitive function the driver shall: - fully comply with any rehabilitation program prescribed by the SAP, and - undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 if the prohibited conduct involved alcohol, - undergo a controlled substances test with a verified negative result if the prohibited conduct involved a controlled substance, - undergo return-to-duty testing for both alcohol and controlled substances, if the SAP determines that return-to-duty testing for both alcohol and controlled substances •s necessary for that particular driver, - shall be subject to unannounced follow-up alcohol and controlled substances tests administered by the employer following the driver's return to duty in accordance with the provisions of Section 382.605(c)(2)(ii). All costs associated with employee referral, rehabilitation, return-to-duty testing and follow-up testing will be the responsibility of the employee. OAKLAND COUNTY ACKNOWLEDGEMENT OF RECEIPT EMPLOYEES' NAME (PLEASE PRINT) DEPARTMENT/DIVISION SOCIAL SECURITY NO. This is to certify that on this date I have received, read, and understand the Oakland County ALCOHOL AND CONTROLLED SUBSTANCE TESTING PROCEDURES FOR CDL DRIVERS and the accompanying attachment containing prohibitions under the DOT rules and regulations and consequences for violations of Alcohol and Controlled substance Abuse policy. DATE EMPLOYEE SIGNATURE PE FOREGOING RESOLUTIO 5 /AO I HEREB L. Brooks Pi re171F.Tri. County Executive Date 11•1111•111 Resolution #95129 May 11, 1995 Moved by Douglas supported by Huntoon the resolution be adopted. AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McPherson, Obrecht, Palmer, Powers, Quarles, Schmid, Taub, Amos, Crake, Devine, Dingeldey. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 11, 1995 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 11th day of May D. Allen, County Clerk