Resolution 2022-40Resolution No. 2022-40
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING AN AMENDMENT TO THE UNITED CITY OF YORKVILLE
EMPLOYEE MANUAL
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the City desires to amend the portion of its Employee Manual which
addresses the U.S. Department of Transportation instituted regulations that establish a zero-
tolerance level for the presence of alcohol or controlled substances in the system of any
individual who operates or maintains a commercial class vehicle license; and,
WHEREAS, it has been determined to be in the best interests of the City to amend
Section 2.7 of the Employee Manual, in the form attached hereto in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois that Section 2.7 of the United City of
Yorkville Employee Manual in the form set forth on Exhibit "A" attached hereto and
incorporated herein are hereby adopted.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
27th day of September, A.D. 2022.
u` riF /IP CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE JASON PETERSON AYE
Resolution No. 2022-40
Page 1
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this Lday of peel' , A.D. 2022.
MAYOR
Attest:
CIT CLERK
Resolution No. 2022-40
Page 2
2.7 Alcohol and Drug‐Free Workplace Policy & Program (“Policy”)
a. Purpose of the Policy:
United City of Yorkville has a strong commitment to its employees to provide a safe workplace
and to establish health care programs that promote employee health and well‐being.
Consistent with the spirit and intent of this commitment, the City has established this policy
regarding drug and alcohol abuse. Quite simply, the City’s goal will continue to be one of
establishing and maintaining a work environment that is free from the effects of alcohol and
drug abuse.
While the City has no intention of intruding into the private lives of its employees, the City
does expect employees to report for work in condition to perform their duties. The City
recognizes that alcohol and drugs can have an impact on the work place and our ability to
accomplish our goal of an alcohol and drug‐free work environment.
b. Preliminary Information:
1. Be assured that we respect the rights of our employees who are registered patients with
debilitating medical conditions who are engaging in the medical use of marijuana in
compliance with the law. Therefore, this Policy will be construed in a manner consistent
with our rights and obligations under the Illinois Medical Cannabis Program, including any
applicable interpretative rules that may apply.
While the City will not penalize an employee solely for his or her status as a registered
qualifying patient under the Compassionate Use of Medical Cannabis Program Act, any
employee who is a registered qualifying patient is nevertheless required to comply with
this Policy and is subject to discipline up to and including discharge for violations of this
Policy and Program.
2. We encourage any employee with a drug or alcohol abuse problem to voluntarily submit
to available treatment, including through the City’s Employee Assistance Program. In an
effort to maintain the high standards of health and safety to which we are committed, we
have defined our policy and rules of acceptable conduct in this sensitive area, consistent
with the federal Drug‐Free Workplace Act, 41 U.S.C. §701 and the Illinois Drug Free
Workplace Act, 30 ILCS 580, to the extent applicable.
3. Employees who hold safety sensitive positions and/or jobs that are covered by the
Department of Transportation drug and alcohol guidelines (“DOT”) will be required to
adhere to all applicable laws and regulations related to drug and alcohol use, abuse and
testing, etc. In the event of a conflict between a provision of this Policy and the DOT
regulations, the DOT regulations will govern in all cases.
4. Employees covered by a collective bargaining agreement (“CBA”) are required to comply
with this Policy and the applicable terms of the CBA. In the event of a conflict between
this Policy and the terms of the CBA, the CBA will govern for applicable employees.
c. “Drugs” defined:
The term “drug” as used in this Policy refers to both legal and illegal controlled substances
unless the legal use is pursuant to the instruction of a medical professional licensed to
prescribe or advise individuals on the use of drugs who has been informed of the employee’s
job duties and has advised that the substance does not adversely affect the employee’s ability
to safely perform his or her job. The term “drug” also includes, but is not limited to, cannabis,
cocaine, PCP, heroin, morphine, amphetamines and barbiturates.
d. Forms/Receipt/Other:
Appendices A, B, and C are attached and have been incorporated into this Policy by reference
for use by the City when applicable pursuant to this Policy and/or when otherwise required
and consistent with our legal obligations.
e. Policy Prohibitions (not an all‐inclusive list):
1. The use, sale, purchase, manufacture, distribution, dispensation, transfer, or possession
of any drug (as defined earlier) and/or alcohol, is prohibited on City premises, and is cause
for immediate discharge. The phrase “City premises” includes (without limitation) all job
sites, land, property, buildings, structures, installations, parking lots, machinery, vehicles
or other means of transportation owned or managed by or leased to City or otherwise
being utilized for the City business, and private vehicles while parked or operated on the
City premises. Any illegal substances found on City premises will be turned over to the
appropriate law enforcement agency and may result in criminal prosecution.
2. Employees are prohibited from working with a detectable amount of alcohol or drugs in
their system. Employees are also prohibited from consuming any amount of alcohol or
drugs during working time, on‐call periods, or during breaks. Any employee violating this
prohibition will be subject to disciplinary action up to and including immediate discharge.
(Consequently, employees are not allowed to consume alcohol or cannabis during meals
or breaks.)
3. Employees must not perform safety‐sensitive duties, such as operating a motorized
vehicle, if they are aware of any medical condition or have used alcohol or a drug
(including prescribed medicine or cannabis) that may adversely affect their ability to
perform such duties or that may affect safety, employees, or the public. Such an
employee should notify his or her supervisor of the situation as soon as the employee
becomes aware of the situation to determine if a reasonable accommodation may be
necessary. Any employee violating this prohibition will be subject to disciplinary action
up to and including immediate discharge.
4. Under no circumstances may an employee operate an automobile (private, rental or City
owned) for business purposes while intoxicated or under the influence of or impaired by
alcohol or cannabis, even if outside of working hours. Any employee violating this
prohibition will be subject to disciplinary action up to and including immediate discharge.
5. The City reserves the right to inspect packages, bags, briefcases, desks, lockers,
automobiles, etc., where there is a reasonable belief that illegal drugs or alcohol may be
present on City property. An employee’s failure to cooperate with an investigation may
result in disciplinary action, including but not limited to immediate discharge.
6. An employee suspected of being under the influence of alcohol or a drug due to specific
articulable symptoms (e.g., symptoms of the employee’s speech, physical dexterity,
agility, coordination, demeanor, irrational or unusual behavior, negligence or
carelessness in operating equipment or machinery, disregard for the safety of the
employee or others, disruption of a production or manufacturing process, or carelessness
that results in any injury to the employee or others), or an employee who is involved in
an on‐the‐job accident which results in property damage or which requires medical
treatment, may be required to take a medically approved test(s), to be given by
authorized medical personnel, to determine whether this Policy and Program has been
violated.
f. Request to Submit to Testing for Alcohol and/or Drug Use or Abuse
1. The City reserves the right to consider any employee suspected of being impaired by or
under the influence of cannabis during working hours or any on‐call period to be in
violation of this Policy. This determination will be determined based on when the
employee manifests specific, articulable symptoms while working of decreased or
lessened performance of the duties or tasks of the employee’s job position, including
(without limitation) symptoms of the employee’s speech, physical dexterity, agility,
coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in
operating equipment or machinery; disregard for the safety of the employee or others,
or involvement in any accident that results in damage to equipment or property or
medical treatment of someone involved; disruption of a production or manufacturing
process; or carelessness that results in any injury to the employee or others.
2. The City also may require an employee to submit to a drug test if the City has a good faith
belief that an employee is or may be under the influence of cannabis or impaired by
cannabis during working time based on articulable symptoms such as those set forth in
the preceding subsection of this Policy. Employees who are required to submit to a drug
test pursuant to this subsection will be afforded a reasonable opportunity to contest drug
test request or results.
3. The City also may require an employee to submit to a drug or alcohol test for other
reasons where it has a reasonable suspicion that an Employee is or may be in violation of
this Policy, including (without limitation) after an employee is involved in an incident or
accident that results in damage to property or equipment in excess of $1500 and/or that
is sufficiently serious to require medical treatment to an employee or third party. These
issues will be addressed on a case‐by‐case basis based on the circumstances involved to
determine if a test is justified.
4. An employee’s refusal to submit to a drug and/or alcohol test upon request may result in
disciplinary action, up to and including immediate discharge. Refusal includes refusing to
report immediately to the testing location upon request, refusal to sign a medical test
authorization form as required by the City, refusal to provide specimens unless medically
incapable of doing so, and/or attempts to falsify or interfere with the testing process,
including failure to comply with instructions or attempting to substitute, dilute, or
otherwise change specimens to be tested. Employee consent to testing under this Policy
will not act as a waiver of disciplinary action, up to and including discharge for a Policy
violation.
5. While the City awaits the results of a drug and/or alcohol test, the employee may be
suspended without pay. In this situation, if the results of the test are negative, the
employee normally will be reimbursed for regular working time lost due to taking the
test(s).
e. Convictions for Drug Related Activity
Employees who are convicted for off‐the‐job drug‐related activity may be considered to
be in violation of this Policy and Program. Employees shall notify the City of any criminal
drug statute conviction no later than five (5) days after such conviction.
In deciding what action to take, the City will conduct an individualized assessment of the
situation and consider the nature of the charges, the nature of the employee’s present
job assignment, the employee’s record with the City, the impact of the employee’s
conviction on the City and any other factor the City may deem relevant. The City will only
take employment actions related to convictions which are job related. Alternatively, and
in keeping with the City’s desire to encourage treatment and rehabilitation where
possible, the City may require a convicted employee to successfully complete an
approved drug rehabilitation program in lieu of other disciplinary action.
g. Return to Work Testing
An employee who returns to work after a leave of absence for any reason lasting longer than
365 consecutive work days, may be required to submit to a return to work drug screen
evaluation to ensure the employee can safely perform his essential job functions either with
or without a reasonable accommodation if medically necessary.
h. EAP or Other Reasonable Accommodations:
Employees with an alcohol or drug use or abuse problem are encouraged to contact the City’s
Employee Assistant Program for possible referral for treatment. The City will not discipline
an employee who voluntarily seeks treatment for a substance abuse problem if the employee
is not in violation of this Policy and Program or other rules of conduct. The cost of such
treatment is at the employee’s expense (subject to possible coverage, if any, by group health
insurance). Seeking such assistance will not be a defense for violating this Policy and Program
nor will it excuse or limit the employee’s obligation to meet the City’s policies, rules of
conduct, and standards, including but not limited to those regarding attendance, job
performance, and safe and sober behavior on the job.
i. Assurances against Retaliation
Be assured that no employee who reports a possible Policy violation and/or who seeks a
reasonable accommodation to deal with alcohol or drug use or abuse will not be subject to
retaliation for that purpose. Of course, an employee who submits an intentionally false report
of a possible policy violation will be subject to disciplinary action including immediate
dismissal. Note: A report that is unsubstantiated but reported in good faith is not in violation
of this Policy.
Appendix A
Acknowledgement of Receipt of
Drug Free Workplace Policy and
Agreement to Abide by Policy
I, , hereby acknowledge that I have received a copy of the
United City of Yorkville's ("City") Drug Free Workplace Policy ("Policy").
In conjunction with my receiving a copy of the Policy, I further acknowledge the following:
1. I have read the Policy and fully understand the terms contained therein and the
consequences for violating any term of the Policy.
2. I understand that my compliance with all terms of the Policy is a condition of my
employment with the City, and I agree to abide by all terms of the Policy.
3. As applicable, if a post‐accident drug and/or alcohol (if job related) test is required under
this Policy and I am seriously injured and unable to provide a specimen at the time of the accident, then
this Acknowledgement shall be considered my authorization for the City to obtain hospital reports and
other documents which would indicate whether there were any controlled substances and/or alcohol in
my system.
4. I authorize the collection site, laboratory and/or medical review officer retained by the
City to perform any and all functions which those entities and/or individuals may be required to perform
pursuant to this Policy or applicable regulations. Such authorization shall include, but is not limited to, the
release of test result information to the City, verification of the use of prescribed medications, obtaining
information from the employee's physician, hospital, dentist or pharmacist and the reporting of negative
test results with a qualifying statement in cases wherein an employee may be taking a legally prescribed
drug.
5. I hereby release and hold harmless the City and its employees and agents from any liability
whatsoever arising from the Policy.
6. The City reserves the right to amend or modify this Policy at any time.
Employee's Signature Date
Appendix B
Drug Free Workplace Consent to Testing (Current Employee)
I, , acknowledge receiving written notice of the
existence of the United City of Yorkville (the "City") Drug Free Workplace Policy (the "Policy").
As a condition of continued employment or service to the City, I understand and agree that I must
not use, buy, sell, accept as a gift, experiment with, traffic in or be otherwise involved with illicit or
inappropriate drugs or alcohol when it could affect the safe performance of my job. I understand that the
Policy does not apply to medication properly taken as prescribed by a licensed physician, except as
provided by the Policy.
I further understand and agree that I may be required to submit to testing for the detection of
prohibited substances or alcohol based upon suspicion, following an on‐the‐job accident or injury, or
following a violation of this policy.
I understand, further, that refusal to submit to testing when requested to do so by a supervisor
will result in discipline up to and including termination.
My signature below indicates my understanding of this Policy and what is expected of me, my
consent to be tested and my authorization to release to any collection site personnel, medical review
officer or City representative the information necessary to comply with this Policy.
Employee's Signature Date
Witness’ Signature Date
Appendix C
Drug Free Workplace Post‐Offer Consent to Testing (Applicant)
I, , understand and acknowledge the following:
After an offer of employment has been extended by the United City of Yorkville ("the City"), I must
undergo a drug screen designed to identify whether or not I use illegal drugs. This drug screen will be
administered by a clinic or lab selected by the City. All offers of employment with the United City of
Yorkville are contingent on a negative drug test.
Should a positive test result exist, my offer of employment will be automatically rescinded by
the City, unless I submit documentation supporting the legitimate use for a specific drug or the specific
drug that resulted in a positive determination. This documentation must be made either prior to or
within 24 hours after the positive drug result is communicated to me. If I test positive, I may re‐apply
for employment with the City after a time period of twelve (12) months.
I also understand and agree that should I refuse to consent to a test or test positive for the use of
an illegal controlled substance, I will not commence work for the City and the job offer will be
automatically rescinded. My employment is expressly conditioned on the successful passage of the pre‐
employment drug screen.
In recognition of the requirements of the Americans with Disabilities Act (ADA), the City will not
discriminate against any applicant who has successfully completed a drug or alcohol rehabilitation
program. However, the ADA does not prevent the City from refusing to hire any applicant who tests
positive for illicit drug use prior to employment.
I authorize the collection site, laboratory and/or medical review officer retained by the City to
perform any and all functions which those entities and/or individuals may be required to perform
pursuant to this Policy or applicable regulations. Such authorization shall include, but is not limited to, the
release of test result information to the City, verification of the use of prescribed medications, obtaining
information from the applicant's physician, hospital, dentist or pharmacist and the reporting of negative
test results with a qualifying statement in cases wherein an applicant may be taking a legally prescribed
drug.
I understand and agree my employment with the City, if any, is for no definite period of time and
that the City may elect to discontinue my employment relationship for whatever reason it considers
proper and at any time. I, likewise, may leave the City for whatever reason I consider proper and at any
time.
I hereby release and hold harmless the United City of Yorkville and its employees and agents from any
liability whatsoever arising from this Policy.
Employee's Signature Date
Witness’ Signature Date
2.7.1 DRUG AND ALCOHOL PROCEDURES FOR CDL EEMPLOYEES
Introduction
To promote public safety and to help prevent accidents and injuries the U.S. Department of
Transportation (D.O.T.) instituted regulations that establish a zero-tolerance level for the presence
of alcohol or controlled substances in the system of any individual who operates or maintains a
commercial class vehicle. The regulations establish testing requirements to help ensure compliance
with the alcohol and controlled substance prohibitions. The controlled substances prohibited by
the D.O.T. regulations are: Marijuana, Cocaine, Opiates, Amphetamines, and Phencyclidine
(PCP). The following procedures have been developed to implement the D.O.T. regulations which
can be found in 49 CFR Parts 40 and 382. The numbers inside the parentheses appearing in many
of the sections refer to 49 CFR Part 40 or 382 sections relevant to the procedure. Employees who
violate this policy are subject to disciplinary action, up to and including discharge.
Adverse Effects of Alcohol and Drug Use
Unlawful use of drugs and alcohol poses several risks. Alcohol and drug abuse can lead to several
health problems, such as lung cancer, obstructive pulmonary disease, chronic respiratory
infections, liver disease, high blood pressure, cardiac disease, and seizures. Drug abusers are at an
increased risk for AIDS and hepatitis.
The impairments drugs cause mean users (and their nearby co-workers) suffer more accidental
injuries and motor vehicle accidents. Drugs can also rob the user of his or her ability to place for
and reach long-term goals, to deal constructively with stress and anxiety, or to have successful and
satisfying friendships and family relationships. Because drug use is unlawful, lives can be ruined
when users are arrested, jailed or injured by drug-related violence.
Affected Employees
The following employees are subject to these alcohol and drug procedures, restrictions, and
requirements: All employees who are required to have a valid CDL driver’s license as a condition
of employment and operate a commercial vehicle for the City. This includes full-time and part-
time employees.
The above employees are always subject to these procedures and regulations while on duty
including all overtime and call back time. An exception may be made by Management to exempt
an employee from alcohol use restrictions if the employee is attending off site training and is not
expected to return to duty for the remainder of the day.
Employee Requirements (382.201 to .215):
To meet the D.O.T. regulations, the following requirements are placed upon affected employees.
Exceptions to these requirements may be made by Human Resources in making temporary work
assignments for employees.
Affected employees will not consume any product containing alcohol or controlled substances
while on duty.
Affected employees will not report for duty while there is any alcohol or controlled substance in
their system (unless the use is pursuant to the instruction of a physician who has been informed of
the affected employee’s job duties and has advised the affected employee that the substance does
not adversely affect his/her ability to safely perform his/her job).
Affected employees will not possess any product containing alcohol or controlled substances while
on duty.
Affected employees cannot report for duty within four hours of having consumed alcohol and may
not perform safety-sensitive functions (this includes but is not limited to operating motor vehicles
or equipment) within four hours after using alcohol.
Affected employees must immediately report for testing when so ordered and must cooperate with
testing personnel and procedures.
Affected employees must agree to release testing results to the City and to the substance abuse
professional (S.A.P.), and to release the substance abuse professional’s report to the City.
Affected employees cannot consume alcohol for eight hours following an accident involving a
death or an accident for which the employee received a moving violation for their operation of a
commercial class vehicle which contributed to the accident or until the employee undergoes a post-
accident or controlled substance test, whichever occurs first. The employee must remain available
for testing for a period of eight hours for an alcohol test or 72 hours for a controlled substance test.
Tests Performed
Detailed descriptions of the testing procedures are contained in 49 CFR Part 40 and Part 382 of
the Federal Regulations. A brief description of the testing procedure follows.
Alcohol Test
Employee immediately reports to the designated testing facility, shows a photo identification card,
and signs testing form.
Employee blows into alcohol testing device. If employee cannot exhale enough quality of air
through the machine for a complete test a medical exam will be performed.
If test results are negative the employee returns to work. Results will be reported to Human
Resources.
If test results are positive, another test will be performed after a 15-minute wait but before 20
minutes. The employee may not eat or drink anything nor belch during the waiting period for the
retest.
If retest results are negative, test is reported to Human Resources as negative.
If retest results are positive, the test results are immediately reported to Human Resources.
Controlled Substances Test
Testing will only be performed for the five controlled substances prohibited by the D.O.T. regs -
Marijuana, Cocaine, Opiates, Amphetamines, and Phencyclidine.
Employee immediately reports to the designated testing facility, shows a photo identification card,
and signs the testing form.
Employee provides a urine sample. If unable to provide enough quantity for testing, the employee
will be asked to drink water (up to 24 oz. in two hours) and attempted again.
Hospital personnel will perform required testing to verify that the specimen sample has not been
tampered with. The employee returns to work.
Sample is sent to Lab where it is split in half. A screening test is performed on a portion of one of
the sample splits. If negative results are obtained the testing is reported as negative to the medical
review officer (M.R.O.) who in turn reports negative results to Human Resources. If screening
tests are positive, sophisticated confirmation testing is performed on the rest of the split sample.
Results are reported to the M.R.O. If negative the M.R.O. reports a negative result to Human
Resources.
If the results are positive, confirming the presence of one of the five controlled substances, the
M.R.O. will contact the employee to talk over the results of the test to determine if there is a
legitimate clinical reason for the presence of the drug, and will decide if test results are negative
or positive. If the employee cannot be reached by the M.R.O., Human Resources will be contacted
to tell the employee to contact the M.R.O. If contact is not made in 72 hours the M.R.O. will
determine the test results as positive. The M.R.O. reports to Human Resources test results as
positive or negative.
If test results are positive, the employee will be removed from duties of operating or maintaining
a commercial class vehicle. The employee has 72 hours in which to request a retest of the second
split sample and can request that the split sample be tested at a second lab. A negative retest of the
split sample will cancel the first positive results.
Six circumstances under which testing will be performed:
1. Pre-employment Testing (382.301, 413)
Before a new employee is hired or before an existing employee may be transferred to a position in
which operating or maintaining a commercial class vehicle is required, both alcohol and controlled
substance testing is required.
If an employee has not been in a random testing pool for one month, then alcohol and controlled
substance testing must be performed before the employee may operate or maintain a commercial
class vehicle.
Alcohol test results must be below 0.04 and controlled substances negative or the employee cannot
be hired to the position without a substance abuse professional evaluation. There is no requirement
that the prospective employee be hired or that they see the M.R.O. or S.A.P., but an attempt must
be made to inform the prospective employee of the test results and to seek an evaluation.
In addition to submitting to testing, the prospective employee must supply the City with the names
of all firms for which they have been employed in the previous two years operating or maintaining
commercial class vehicles. Additionally, the City will conduct a pre-employment query of the
D.OT.’s database containing records of drug and alcohol program violations (referred to as the
“Clearinghouse”) about whether the prospective employee has: (1) a verified positive, adulterated
or substituted controlled substances test result; (2) an alcohol confirmation test of 0.04 or higher;
(3) refused to submit to a test in violation of 382.211; or (4) an employer has reported actual
knowledge that the prospective employee used alcohol on duty or before duty or following an
accident; or (5) used a controlled substance. The City will report these categories of information
to the Clearinghouse when it collects it. In addition, the City will report to the Clearinghouse a
S.A.P.’s report of the successful completion of the return-to-duty process, a negative return-to-
duty test, and reports of completing follow-up testing in accordance with FMCSA requirements.
Thereafter, the City will conduct an annual query of the Clearinghouse.
The prospective employee must cooperate fully with the City in obtaining from each of the
previous employer’s results of any positive test, S.A.P.’S reports, and any refusals to test. The
City will retain records of queries, consents and results for at least three (3) years.
2. Random Testing (382.305)
All affected employees will be placed in pool from which random selections for testing will be
made. Random testing will be for both alcohol and controlled substances.
The annual rate of testing for the entire pool will be as directed by the U.S. Secretary of
Transportation, currently 10% per year for alcohol and 50% per year for illegal drugs.
Every employee in the selection pool has an equal chance of being selected each time a drawing
is made.
Selection for testing will be performed on a sufficiently random basis. Employees will not know
when testing is complete for the year nor when to anticipate the next selection.
A surplus of names will be generated so that another selection may be made in place of an
employee who is temporarily on leave.
The City will report or cause to be reported positive test results based on random testing to the
Clearinghouse when required by law. Refusals to test or failure to cooperate with testing may be
subject to reporting to the Clearinghouse, as required by law.
3. Reasonable Suspicion Testing (382.307)
When a supervisor has reason to believe that an employee has alcohol or controlled substances in
their system, they contact another supervisor or management official trained in the signs and
symptoms of drug and/or alcohol misuse who will also observe the employee. If both supervisors
agree, the employee will be driven the designated testing facility for alcohol or controlled
substances testing as appropriate.
The supervisor’s determination must be based upon specific, describable, current observations of
the employee’s appearance, behavior, speech or body odor. Possession alone is not enough cause
to require the employee to submit to testing.
When a reasonable suspicion determination has been made, the employee must immediately stop
operation or maintenance of a commercial class vehicle. (For 24 hours or until a negative test result
whichever comes first).
The employee will be informed of his or her right to consent or refuse testing, and the consequences
of refusing testing or failing an alcohol or drug test. The employee will be asked to review and
sign a Consent/Refusal Form.
The supervisor calls the designated testing facility to advise that the employee will be reporting
for the testing. The employee under suspicion must be accompanied to the testing facility,
preferably by a supervisor.
If an employee refuses to submit to a test, he or she will be required to call someone to drive him
or her home. If unable to find someone, a cab/rideshare will be called. The City will pay for the
cab/rideshare cost with reimbursement by the employee when he returns to work. If the employee
insists on driving himself or herself, the local Police Department will be called and notified.
Testing for alcohol reasonable suspicion should be performed within two hours but cannot be
conducted if eight hours have passed since the determination was made. A written report must be
submitted to Human Resources for the file explaining why testing was not performed within two
hours. Controlled substances testing should be performed as soon as possible but not after 32 hours
since the determination was made.
The supervisor(s) making the determination must submit a signed written description citing the
specific observations which led to the reasonable suspicion testing. The written description should
be submitted before the test results have been received.
The City will report or cause to be reported positive test results based on reasonable suspicion
testing to the Clearinghouse when required by law. Refusals to test or failure to cooperate with
testing may be subject to reporting to the Clearinghouse, as required by law.
4. Post-Accident Testing (382.303)
a. A surviving driver of a commercial class vehicle involved in an accident in which a
death occurred or for which the driver received a ticket for the operation of their
commercial vehicle having contributed to the accident, will be tested for both alcohol and
controlled substances.
b. The driver will remain readily available for testing after an accident until 32 hours have
passed or earlier if a supervisor advises that testing will not be necessary.
c. A driver cannot consume any alcohol within eight hours following an accident unless a
supervisor advises that no testing will be required, or testing has already been performed.
d. If a death occurs or a driving citation is issued, alcohol testing will be performed within
two hours but no testing after eight hours, and controlled substance testing within 32 hours.
A written record must be submitted to file explaining why alcohol testing could not be
performed within two hours if such is the case and a record if either testing could not be
performed.
e. The City will report or cause to be reported positive test results based on post-accident
testing to the Clearinghouse when required by law. Refusals to test or failure to cooperate
with testing may be subject to reporting to the Clearinghouse, as required by law.
5. Return to Duty Testing (382.309):
Alcohol and controlled substances testing will be performed with negative test results (less than
0.02 alcohol) on all affected employees who:
a. Have been removed from duty of operating or maintaining a commercial class vehicle
for refusing to test or testing positive for controlled substances or alcohol greater than 0.04.
Employee will be responsible for all costs associated with this classification of return to
duty testing or
b. Have not been in a random testing pool for more than 30 days. (Employees who have
been on extended leave).
6. Follow-up Testing (382.311,.605)
a. Any affected employee who has refused to test or who has tested positive for controlled
substances or greater than 0.04 alcohol content and has been determined by a substance
abuse professional to require help in dealing with their substance abusers’ problem will be
subject to follow up testing.
b. Human Resources will order the affected employee to immediately report for surprise
alcohol or controlled substance (or both) testing at the frequency prescribed by the
substance abuse professional. Human Resources will advise the S.A.P. of the test results.
The duration of surprise testing will continue if required by the S.A.P. to a maximum of
five years.
c. At a minimum, six unannounced tests will be required within the first 12 months of
return to duty. This minimum must be conducted regardless of whether the S.A.P. deems
no more testing is required.
d. Employee is responsible for all costs associated with follow-up testing.
e. The City will report negative test results to the Clearinghouse, when required by law.
7. Consequences of failed or refused tests (382.605)
a. An employee will be immediately removed from duty upon the employee’s refusal to
cooperate with testing procedures or upon receipt of positive test results. The City will
report such information to the Clearinghouse, as required by law. Employees who refuse
to submit to testing or fail an alcohol or drug test are subject to disciplinary action, up to
and including discharge.
b. The employee selects a substance abuse professional (S.A.P.). The employee is
responsible for payment to the substance abuse professional and subsequent counseling
and rehabilitation. The employee’s medical insurance may be used to help pay for these
services. A list of S.A.P.’s will be provided the employee; however, the employee is free
to choose any certified S.A.P.
c. The employee signs a release allowing the City to release the test results to the
S.A.P. and signs a release for the S.A.P. to report back to Human Resources. The City will
report an employee’s completion of the S.A.P return-to-duty process to the Clearinghouse,
when required by law.
The S.A.P. will report back to Human Resources that the employee:
a. Does not require any help in dealing with a substance abuse problem - in which
case the employee may be returned to full duty.
b. That the employee requires and is cooperating with continued counseling and
rehabilitation and may return to full duty or may not return to full duty yet.
c. That the employee requires but is not cooperating with counseling and
rehabilitation and may not return to duty.
The employee is responsible for obtaining any counseling or rehabilitation prescribed the S.A.P.
and must provide appropriate releases for counseling and rehabilitation professionals to report
back to the S.A.P. Employees are advised that the U.S. D.O.T. regs require that the additional
counseling and rehabilitation not be performed by any business entity in which the S.A.P. has a
financial interest.
8. When the S.A.P. reports to Human Resources that the employee may return to full duty
of operating and maintaining commercial class vehicles the employee must:
a. Test negative in return to duty alcohol or controlled substances testing (or both tests if so,
indicated by the S.A.P.).
b. Continue with any rehabilitation therapy if so, prescribed by the S.A.P.
c. Test negative in unannounced follow up testing as prescribed by the S.A.P. or at a
minimum, six tests in the first 12 months of returning to duty as ordered by Human Resources.
d. Information regarding the employee’s completion of the S.A.P.’s return to duty steps may
be reported to the Clearinghouse, as may be required by law.
Required Training
1. All affected employees will be informed of any new D.O.T. regulations and these policies and
procedures to implement the regulations.
2. All supervisory personnel will receive training in recognizing physical signs of alcohol misuse
and controlled substance use prior to any employee being ordered to submit to reasonable
suspicion testing by that supervisor. Sixty minutes of training for alcohol misuse recognition and
60 minutes of training for controlled substance use recognition is required.
3. All new employees and newly transferred employees to affected positions will receive training
prior to operating or maintaining a commercial class vehicle. All newly hired supervisory
personnel will receive 60 minutes of alcohol misuse recognition training and 60 minutes of
controlled substances use training prior to their requiring any employee to submit to reasonable
suspicion testing.
4. All employees will sign a receipt that they attended the training. The receipt will be kept in City
records.
NEITHER THIS POLICY NOR ANY OF ITS TERMS ARE INTENDED TO CREATE A
CONTRACT OF EMPLOYMENT OR CONTAIN THE TERMS OF ANY CONTRACT OF
EMPLOYMENT. THE CITY RETAINS THE SOLE RIGHT TO CHANGE, AMEND, OR
MODIFY ANY TERM OR PROVISION OF THIS POLICY, AND WILL PROVIDE
NOTICE WHEN IT DOES SO.
PLEASE BE ADVISED THAT THE FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION (“FMCSA”) SETS THE MINIMUM REQUIREMENTS FOR
TESTING OF SAFETY SENSITIVE EMPLOYEES. THE CITY’S POLICY IN CERTAIN
INSTANCES MAY BE MORE OR LESS STRINGENT FOR OTHER EMPLOYEES.
Appendix D Receipt of Reading Section 2.7.1 Drug and Alcohol Procedures for CDL
Employees
I have received a copy of the City’s DOT Controlled Substances and Alcohol Procedures for
CDL Employees
____________________
Date
_________________________________
Driver's Signature
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Driver's Name (printed)
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Driver Identification