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2021 Drug and Alcohol Policy Updates
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Please read and confirm receipt of the updated provisions in the City of Claremore Drug, Alcohol, Detection, Intervention, and Employee Assistance Policy. Required fields include first and last name and confirmation check box located at the end of form.
INSTRUCTIONS: Please read and confirm receipt of the updated provisions in the City of Claremore Drug, Alcohol, Detection, Intervention, and Employee Assistance Policy. Required field: Confirmation check box located at the end of form.
DRUG AND ALCOHOL DETECTION, INTERVENTION, AND EMPLOYEE ASSISTANCE POLICY
Updated language regarding CDL and the Federal Motor Carrier Safety Administration
8.3 ALCOHOL AND DRUG TESTING FOR CDL DRIVERS
The purpose of this policy is to prevent accidents and injuries resulting from alcohol or controlled substance use by drivers of commercial motor vehicles. This policy is intended to comply with the City's mandatory obligations under regulations issued by the United States Department of Transportation (“DOT”).
Required Testing & Consent
The following testing is required of all drivers:
Pre-Employment Testing and Consent
1. Alcohol Testing
A driver may not commence the performance of duties unless the test shows a concentration of less than 0.04. If the test shows a concentration of between 0.02 and 0.04, no safety-sensitive duties may be performed for at least 24 hours.
A pre-employment alcohol test will not be required if:
i. The driver has undergone an alcohol test required by the Federal Act within the previous six weeks and tested under 0.04; and ii. The driver provides evidence that no prior employer of the driver has any record of alcohol misuse by the driver within the previous six months.
2. Controlled Substances
The driver must receive a confirmed negative controlled substance test result from a medical officer, except that no testing is required if:
i. The driver has participated within the previous 30 days in a drug testing program meeting the requirements of the Federal Act; and ii. While participating in the program, the driver either (a) was tested for controlled substances within six months prior to the date of employment application or (b) participated in a random controlled substance testing program for the 12 months prior to the date of the employment application; and iii. The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or the controlled substance use rule of another DOT agency within the previous six months.
3. Preemployment Consent
The City shall comply with the query requirements of the FMCSA, including participation in the Clearinghouse. This participation is described in detail in the City’s policy on Compliance with Regulations regarding the FMCSA Clearinghouse. As part of this compliance, until January 6, 2023, the City shall request the driver’s written consent to obtain the following information from DOT-regulated employers who have employed the driver during the three (3) years before the date of the driver’s application to a position requiring safety-sensitive duties:
i. Alcohol tests with a result of 0.04 or higher alcohol concentration; ii. Verified positive drug tests; iii. Refusals to be tested (including verified adulterated or substituted drug test results); iv. Other violations of DOT agency drug and alcohol testing regulations; and v. Documentation of the driver’s successful completion of return-to-duty requirements (for those drivers who have violated a drug or alcohol regulation). If the previous employer does not have this documentation, the City shall request that the driver produce it.
A driver may not perform safety-sensitive functions if s/he refuses to consent in writing to the release of the above information. This records check shall be in addition to any queries conducted on the Clearinghouse website. After January 6, 2023, the City shall continue to seek records from employers to the extent required by FMCSA and DOT regulations and shall seek consents when such records checks are required. Drivers are responsible for furnishing the City with accurate information regarding their employment history, including accurate identification of all former DOT-regulated employers. The City shall maintain a written, confidential record of the information obtained or of the good faith efforts made to obtain the information. This record shall be maintained for three (3) years from the date of the driver’s first performance of safety-sensitive functions. Prior to the driver’s first performance of safety-sensitive functions, the City shall ask the driver whether s/he has tested positive, or refused to test, on any pre-employment drug or alcohol test (1) administered by a DOT-regulated employer, (2) in connection with a position for which the driver applied, (3) involving the driver’s failure to obtain safety-sensitive transportation work, and (4) over the period of three (3) years preceding the date of the employee’s application for employment with the City. If the driver admits to a positive test or a refusal to test within the past two years, the City shall not allow the driver to perform safety-sensitive functions until and unless the driver documents successful completion of the return-to-duty process.
4. Consequences Associated with Preemployment Testing
The City may decline to employ an applicant who fails drug testing, provides false information, or who fails to cooperate with the City in procuring testing and test results. To the extent the applicant has been offered employment or placed in an alternate position pending the receipt of test results, the offer may be withdrawn and alternate employment terminated in accordance with the City’s policies and procedures applicable to employee termination.
8.4 COMPLIANCE WITH REGULATIONS REGARDING THE FMCSA CLEARINGHOUSE
The City is committed to complying with all federal regulations and assuring the safety of its students. Therefore, it is the policy of the City to comply with all Federal Department of Transportation (DOT) agency regulations regarding mandatory use of the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse (Clearinghouse) to screen its current and prospective CDL employees before and throughout their employment with the City. This policy supplements the City’s existing drug and alcohol testing policies regarding CDL drivers.
The City may contract with a Consortium/Third-Party Administrator (Consortium) to manage its compliance with this policy and law regarding the Clearinghouse, except its obligations to register and set up and account with the Clearinghouse and pay for queries.
Non-Delegable Duties Regarding the Drug and Alcohol Clearinghouse
The City shall itself register and set up an account with the Clearinghouse and purchase queries from the Clearinghouse. It shall not contract with a Consortium to perform those duties.
CDL Employees Hired After January 6, 2020: Pre-Employment Screening
• The City shall require all prospective CDL employees to register themselves with the Clearinghouse and provide the City with digital consent to obtain all information available from a full query.
• Until January 6, 2023, the City shall also secure the prospective CDL employee’s written consent to obtain from previous and current DOT-regulated employers the following information covering the past three (3) years:
Any verified positive, adulterated, or substituted controlled substances test result; any alcohol confirmation test with a concentration of 0.04 or higher; any refusal to submit to a test in violation of 49 C.F.R. § 382.211; or any employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance, in violation of § 382.213.
o The City shall obtain the necessary consent and conduct a full query through the Clearinghouse for all prospective CDL employees and obtain results that confirm the prospective CDL employee’s Clearinghouse record contains none of the violations listed in this section before permitting any prospective CDL employee to perform a safety-sensitive function for the City, including operating a CMV.
o Once a prospective CDL employee has been hired, the City will conduct query requirements on the employee to the same extent those required on Current CDL Employees.
Current CDL Employees: Conducting Queries from the Clearinghouse
• At least annually (defined as once per 365-day period), the City shall conduct queries (full or limited) from the Clearinghouse on each CDL employee to determine whether information exists in the Clearinghouse. Any query run on an employee (including any full query run on a prospective CDL employee) shall count towards this requirement.
• When the City runs full queries on its CDL employees, it shall require those employees to register with the Clearinghouse and provide digital consent for the City to obtain all information available from a full query.
• The City may, in lieu of full queries, annually obtain its CDL employees’ written consent and perform limited queries of the Clearinghouse.
o Should a limited query show that information exists within the Clearinghouse about a particular CDL employee, the City shall, within 24 hours of conducting the limited query, require the employee to register with the Clearinghouse (if not already registered) and provide digital consent for the City to obtain all information available from a full query; the City shall then conduct a full query to confirm the CDL employee’s Clearinghouse record contains none of the prohibitions listed below.
o If the City fails to conduct a full query with the prescribed 24 hours, it shall not permit the CDL employee to continue to perform safety-sensitive functions until the City obtains a full query showing none of the prohibitions listed below.
• The City shall not permit a CDL employee to perform any safety-sensitive function if they refuse to provide the necessary consents or the results of a Clearinghouse query demonstrate any of the following:
o a verified positive, adulterated, or substituted controlled substances test result; an alcohol confirmation test with a concentration of 0.04 or higher; a refusal to submit to a test in violation of 49 C.F.R. § 382.211; an employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance in violation of § 382.213, except where a query of the Clearinghouse demonstrates that:
That the driver has successfully completed the Substance Abuse Professional (SAP) evaluation, referral, and education/treatment process set forth in part 40, subpart O, of title 49; achieves a negative return-to-duty test result; and completes the follow-up testing plan prescribed by the SAP.
That, if the driver has not completed all follow-up tests as prescribed by the SAP in accordance with 49 C.F.R. § 40.307 and specified in the SAP report required by § 40.311, the driver has completed the SAP evaluation, referral, and education/treatment process set forth in part 40, subpart O, of title 49 and achieves a negative return-to-duty test result, and the employer assumes the responsibility for managing the follow-up testing process associated with the testing violation.
• The City shall retain for three (3) years a record of each Clearinghouse query it runs and all information received in response to each query made. The City shall additionally retain any written employee consent to limited queries for a period of not less than three (3) years from the last date a query was run on the employee.
Updating the Clearinghouse
• The City or a Service Agent on behalf of the City, shall, by the close of the third business day following the date on which it obtained information related to a CDL employee, update the Clearinghouse with all information required under 49 C.F.R. §382.705(b), in any of the following circumstances:
o An alcohol confirmation test with a concentration of 0.04 or higher or a refusal to test for alcohol. o Refusal to test for drugs when a determination by an MRO is not required. o Actual knowledge (defined by 49 C.F.R 382.107) that a driver has used alcohol on duty, used alcohol within four (4) house of coming on duty, used alcohol prior to a post-accident test, or has used a controlled substance. o Negative return-to-duty test results (drug and alcohol testing); and o Completion of a follow-up test.
• A SAP or MRO as defined in the Drug Testing for CDL Drivers policy shall report any information required by 49 C.F.R. 382.705 in the circumstances required pursuant to that regulation. The circumstances that must be reported include:
o Verified positive, adulterated, or substituted controlled substance tests results (MRO); o Refusal-to-test determination by the MRO (MRO); o A negative return-to-duty test (SAP); and o An employer’s report of completion of follow-up testing (SAP);
Use of the Drug and Alcohol Clearinghouse to Comply with 40 C.F.R. § 40.25
• As of January 6, 2023, the City shall use the Clearinghouse in accordance with 49 C.F.R. § 382.701(a) to comply with its obligations under 49 C.F.R. § 40.25 regarding its drug and alcohol testing requirements for CDL employees; except, where an employee subject to follow-up testing has not successfully completed all follow-up tests, the City shall then request the employee’s follow-up testing plan directly from the previous employer in accordance with § 40.25(b).
• Additionally, the City shall request information required under § 40.25 directly from those employers regulated by a DOT agency other than FMCSA if a prospective CDL employee was subject to an alcohol and controlled testing program under the requirements of a DOT Agency other than FMCSA.
This is to certify that I have received and read the updated 2021 Drug Testing Policy of the City of Claremore. If a provision of this policy conflicts with the provision of a Collective Bargaining Agreement, the provision of the Collective Bargaining Agreement will control over the handbook.
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