REPORT TO THE CITY COUNCIL December 17, 2015 FROM: JEFF CARDELL, Director Personnel Services Department BY: MIKE PAYNE, Risk Manager Personnel Services Department SUBJECT ..Title Approve the updated Controlled Substances and Alcohol Testing Policies for Safety-Sensitive Employees/Individuals Subject to the Federal Transit Administration and the Federal Motor Carrier Safety Administration Regulations. ..Body RECOMMENDATION It is recommended that Council approve the updated Controlled Substances and Alcohol Testing Policies for Safety-Sensitive Employees Subject to the Federal Transit Administration and the Federal Motor Carrier Safety Administration Regulations to ensure compliance with U.S. Department of Transportation (DOT) drug and alcohol testing regulations. EXECUTIVE SUMMARY On September 1, 2015, the DOT performed a compliance audit of the City's Federal Transit Authority (FTA) drug & alcohol program. As a result, it was recommended that the City of Fresno modify certain language within the current FTA and Federal Motor Carrier Safety Administration (FMCSA) drug and alcohol policies and procedures to clarify current practices and fully comply with current DOT standards. The modified policies have been reviewed & approved by the DOT auditors. In addition, notice was provided to the affected bargaining units of the changes in the respective policies. BACKGROUND The DOT requires the implementation of policies designed to prevent accidents and injuries resulting from the misuse of alcohol or controlled substances by drivers of commercial and transit vehicles. In addition, such policies are required to be implemented by employers that receive financial assistance from the FTA and by contractors of those employers for employees who perform safety- sensitive functions. The DOT has implemented several changes concerning alcohol and drug testing of safety-sensitive employees. In general, safety-sensitive employees include those who are required to have a Class A or B driver's license in order to drive vehicles of a certain size or weight or when carrying a certain number of passengers, dispatching vehicles and those who maintain the vehicles. . Significant updates to the language in the respective policies are listed below. The changes provide clarification of practices required under the federal regulations. * Random tests are unannounced, conducted immediately and are conducted any day of the week when safety sensitive functions are performed. * In the event of accidents covered under regulations, the supervisor or other on-scene employer representative must decide, based on the best information available at the time, whether actions of the driver and any other safety-sensitive employee can be completely discounted as a cause of the accident. * Reasonable suspicion alcohol testing can only be performed during, immediately preceding, or just after the period of the workday that the employee performs safety-sensitive duties. * Direct observation is required when a dilute negative test result occurs. * Under the FMCSA employees who have not performed a safety-sensitive function for 30 consecutive calendar days and who have not been subject to random testing shall undergo testing prior to returning to a safety-sensitive position. * Drug testing cut-off levels (the concentrations of drug under which a test is considered negative) were updated to match current regulations. * Refusal to submit to a drug and/or alcohol test also include: o Failure of the employee to appear for a test within a reasonable time after being directed to do so; o Failure to allow direct observation or monitoring of the provision of the specimen in the case of a specimen collection requiring direct observation; o Failure to follow the observer instructions to raise and lower clothing and turn around; o Possessing or wearing a prosthetic or other device used to tamper with the testing process; and/or, o Admitting to adulteration or substitution of a specimen to the collector or MRO. * "Shy lung," or not providing a sufficient amount of breath to permit a valid breath test, will result in a referral to a physician to determine if there was a legitimate medical reason, but actual refusal to submit will be considered a refusal to test. Notice was provided to the affected bargaining units of the modifications to the existing policies required to comply with current DOT requirements and did not receive any objections to the changes. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT Approval of the policy updates does not result in any additional cost to implement the policies. Attachments: Final - FTA Drug & Alcohol Testing Policy Redline - FTA Drug & Alcohol Testing Policy Final - FMCSA Drug & Alcohol Testing Policy Redline - FMCSA Drug & Alcohol Testing Policy