Document Woodburn_doc_aca69475fe

DRUG AND ALCOHOL TESTING POLICY CITY OF WOODBURN Adopted as ofApril 1,2024 1) The City of Woodburn provides public transit and paratransit services for the residents of Woodburn. Part of our mission is to ensure that this service is delivered safely, efficiently, and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol to promote the health and safety of employees and the general public. ln keeping with this mission, the City of Woodburn declares that the unlawful manufacture, distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all employees. 2) Additionally, the purpose of this policy is to establish guidelines to maintain a drug and alcohol-free workplace in compliance with the Drug- Free Workplace Act of 1988, and the Omnibus Transportation Employee Testing Act of 1991. Covered employees shall abide by the terms of this policy statement as a condition of employment. This policy is intended to comply with all applicable Federal regulations governing workplace anti- drug and alcohol programs in the transit industry. Specifically, the Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandates drug and alcohol testing for safety-sensitive positions and prohibits performance of safety- sensitive functions when there is a positive test result, or a refusal to test. The U. S. Depa(ment of Transportation (USDOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of specimens for drug and alcohol testing. 3) Any provisions set forth in this policy that are included under the sole authority of the City of Woodburn and are not provided under the authority of the above-named Federal regulations are underlined. Tests conducted under the sole authority of the City of Woodburn will be performed on non- USDOT forms and will be separate from USDOT testing in all respects. B. APPLICABILITY This Drug and Alcohol Testing Policy applies to all safety-sensitive employees (full- or part{ime) when performing safety sensitive duties. See Aftachment A for a list of employees and the authority under which they are included. Drug and Alcohol Policy - Woodburn Transit Authority A. PURPOSE Page 7 ---PAGE BREAK--- A safety-sensitive function is operation of public transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), maintenance of a revenue service vehicle or equipment used in revenue service, security personnel who carry firearms, persons controlling the dispatch or movement of revenue service vehicles and any transit employee who operates a non-revenue service vehicle that requires a Commercial Driver's License to operate. Maintenance functions include the repair, overhaul, and rebuild of engines, vehicles and/or equipment used in revenue service. A list of safety- sensitive positions who perform one or more of the above-mentioned duties is provided in Attachment A, Supervisors are only safety sensitive if they perform one of the above functions. Volunteers are considered safety sensitive and subject to testing if they are required to hold a CDL or receive remuneration for service in excess of actual expense. C. DEFINITIONS Accident An occurrence associated with the operation of a vehicle even when not in revenue service, if as a result: a. An individual dies. b. An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; or, c. One or more vehicles incur disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. For purposes of this definition , disabling damage means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative. Adulterated specimen: A specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or medication. Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under 49 CFR part 40. Drug and Alcohol Policy - Woodburn Tronsit Authority page 2 ---PAGE BREAK--- Aliquot: A fractional part of a specimen used for testing, it is taken as a sample representing the whole specimen. Altemate specimen: An authorized specimen, other than the type of specimen previously collected or attempted to be collected. Canceled lesf: A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which is cancelled. A canceled test is neither positive nor negative, Collection Sife: A place selected by the employer where employees present themselves for the purpose of providing a specimen for a drug test. Confirmatory Drug Test: A second analytical procedure performed on a different aliquot of the original specimen to identify and quantify a specific drug or drug metabolite. Confirmatory Validity Test: A second test performed on a different aliquot of the original urine specimen to further support a validity test result. Covered Employee Under FTA Authoity: An employee who performs a safety- sensitive function including an applicant or transferee who is being considered for hire into a safety-sensitive function (See Attachment A for a list of covered employees). Cutoff: The analytical value drug or drug metabolite concentration) used as the decision point to determine a result negative, positive, adulterated, invalid, or substituted) or the need for further testing. Designated Employer Representative (DER): An employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. The DER also receives test results and other communications for the employer, consistent with the requirements of 49 CFR Parts 40 and 655. DOT, The Depaiment, DOT Agency: These terms encompass all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary (OST). For purposes of 49 CFR Part 40, the United States Coast Guard (USCG), in the Department of Homeland Security, is considered to be a DOT agency for drug testing purposes. These terms include any designee of a DOT agency. Drug and Alcohol Policy - Woodburn Transit Authority Page 3 ---PAGE BREAK--- Dilute specimen: A urine specimen with creatinine and specific gravity values that are lower than expected for human urine. Disabling damage: Damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative. Employee: Any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currenfly performing safety-sensitive functions designated in DOT agency regulations and applicants for employment subject to pre-employment testing. For purposes of drug testing under 49 CFR Part 40, the term employee has the same meaning as the term "donor" as found on CCF and related guidance materials produced by the Department of Health and Human Services. Evidential Breath Testing Device (EBT):A device approved by the NHTSA for the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations and appears on ODAPC's Web page for "Approved Evidential Breath Measurement Devices" because it conforms with the model specifications available from NHTSA. lnitial Drug rest: The first test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolitei. lnitial specimen validity Test: The first test used to determine if a specimen is adulterated, diluted, substituted, or invalid. lnvalid Result: The result reported by an HHS-certified laboratory in accordance with the criteria established by the HHS when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test. Laboratory: Any U.s. raboratory certified by HHS under the Nationar Laboratory certification Program as meeting the minimum standards of HHS; or, in the case of foreign laboratories, a laboratory approved for participation by Dor under 49 CFR Part 40. Limit of Detection (LoD): The lowest concentration at which the anaryte drug or drug metabolite) can be identified. Drug ond Alcohol Policy - Woodburn Tronsit Authority page 4 ---PAGE BREAK--- Limit of Quantification (LOQ):For quantitative assays, the lowest concentration at which the identity and concentration of the analyte drug or drug metabolite) can be accurately established. Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual,s confirmed positive test result, together with his/her medical history, and any other relevant bio-medical information. Negative Dilute: A drug test result which is negative for the five drug/drug metabolites but has creatinine and specific gravity values that are lower than expected for human urine. Negative resu/t The result reported by an HHS-certified laboratory to an MRO when a specimen contains no drug, or the concentration of the drug is less than the cutoff concentration for the drug or drug class and the specimen is a valid specimen. An alcohol concentration of less than 0.02 BAC is a negative test result. Non-negative specimen: A specimen that is reported as adulterated, substituted, positive (for drug(s) or drug metabolite(s)), or invalid. Oral Fluid Specimen: A specimen that is collected from an employee's oral cavity and is a combination of physiological fluids produced primarily by the salivary glands. An oral fluid specimen is considered to be a direct observation collection for all purposes of 49 CFR Part 40, as amended. Oxidizing Adulterant: A substance that acts alone or in combination with other substances to oxidize drugs or drug metabolites to prevent the detection of the drug or metabolites or affects the reagents in either the initial or confirmatory drug test. Peiorming (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 resulf: The result reported by an HHS- Certified laboratory when a specimen contains a drug or drug metabolite equal or greater to the cutoff concentrations. Drug and Alcohol Policy - Woodburn Tronsit Authority Page 5 ---PAGE BREAK--- Primary specimen: ln drug testing, the specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purposes of specimen validity testing. The primary specimen is the portion of the donor's subdivided specimen designated as the primary specimen by the collector to distinguish it from the split specimen, as defined in 49 CFR Part 40, as amended, Reconfirmed: The result reported for a split (Bottle B) specimen when the second HHs-certified laboratory corroborates the original result reported for the primary (Bottle A) specimen. Rejected for Testing: The result reported by an HHS- Certified laboratory when no tests are performed for specimen because of a fatal flaw or a correctable flaw that has not been corrected. Revenue Seruice Vehicles: All transit vehicles that are used for passenger transportation service. Safefy-sensifive functions: Employee duties identified as: The operation of a transit revenue service vehicle even when the vehicle is not in revenue service, The operation of a non-revenue service vehicle by an employee when the operation of such a vehicle requires the driver to hold a Commercial Drivers License (CDL). Maintaining a revenue service vehicle or equipment used in revenue seryice. Controlling dispatch or movement of a revenue service vehicle and Carrying a firearm for security purposes. Specimen: Fluid, breath, or other material collected from an employee at the collection site for the purpose of a drug or alcohol test. specimen Boftle; The bottle that, after being sealed and labeled according to the procedures in 49 CFR Part 40, is used to hold a primary or spit ge1 fp!!im9n during the transportation to the laboratory. tn the context ot orat huia testing, it may be referred to as a ,,vial,,, ,,tube',, or,,botfle,. split spe.cimenr ln drug testing, the specimen that is sent to a first raboratory and stored with its original seal intact, and which is transported to a second laboiatory for retesting at the employee's request following MRo verification of tre primarv specimen as positive, adulterated, or substituted. Drug ond Alcohol Policy - Woodburn Transit Authority Page 6 Prohibited drug: ldentified as marijuana, cocaine, opioids, amphetamines, or as specified in 49 CFR Part 40, as amended. ---PAGE BREAK--- Split specimen collection. A collection in which the single specimen collected is divided into two separate specimen bottles, the primary specimen (Bottle A) and the split specimen (Bottle Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of osteopathy) or licensed or certified social worker, employee assistance professional, state-licensed, or certified marriage and family therapist, or drug and alcohol counselor (certified by an organization listed at with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders. Subsfifufed specimen: An employee's specimen not consistent with a normal human specimen, as determined by HHS a urine specimen, with creatinine and specific gravity values that are so diminished, or so divergent that they are not consistent with normal human urine). Iesf Refusa/: The following are considered a refusal to test if the employee: Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer. Fail to remain at the collection site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. Fail to attempt to provide a specimen. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test. ln the case of a directly observed or monitored urine collection in a drug test, fail to permit monitoring or observation of your provision of a specimen. Fail to provide a sufficient quantity of specimen without a valid medical explanation. Fail or decline to take an additional test as directed by the collector or the employer for drug testing. Fail to undergo a medical evaluation as required by the MRO or the employer's Designated Employer Representative (DER). Fail to cooperate with any part of the testing process. Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly-observed urine collection. (10) Possess or wear a prosthetic or other device used to tamper with the collection process. (11) Admit to the adulteration or substitution of a specimen to the collector or MRO. ('12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ArF). (13) Fail to remain readily available following an accident, Drug and Alcohol Policy - Woodburn Transit Authority Page 7 ---PAGE BREAK--- lJndiluted (neat) oral ftuid: An oral fluid specimen to which no other solid or liquid has been added. For example: A collection device that uses a diluent (or other component, process, or method that modifies the volume of the testable specimen) must collect at least'1 mL of undiluted (neat) oral fluid. Urine specimen: Urine collected from an employee at the collection site for the purpose of a drug test. Vehicle: A bus, electric bus, van, automobile, rail car, kolley car, trolley bus, or vessel. A public transit vehicle is a vehicle used for public transportation or for ancillary services. Verified negative test: A drug test result reviewed by a medical review officer and determined to have no evidence of prohibited drug use above the minimum cutoff levels established by the Department of Health and Human Services (HHS). Verified positive fest: A drug test result reviewed by a medical review officer and determined to have evidence of prohibited drug use above the minimum cutoff levels specified in 49 CFR Part 40 as revised. Validity testing: The evaluation of the specimen to determine if it is consistent with normal human urine. Specimen validity testing will be conducted on all specimens provided for testing under DOT authority. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the specimen, if the specimen was diluted, or if the specimen was altered. 1) Every covered employee will receive a copy of this policy and will have ready access to the corresponding federal regulations including 49 CFR Parts 655 and 40, as amended. ln addition, all covered employees will undergo a minimum of 60 minutes of training on the signs and of drug use including the effects and consequences of drug use on personal health, safety, and the work environment. The training also includes manifestations and behavioral cues that may indicate prohibited drug use. 2) All supervisory personnel or company officials who are in a position to determine employee fitness for duty will receive 60 minutes of reasonable Page I D. EDUCATION AND TRAINING (14) As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. Drug and Alcohol Policy - Woodburn Transit Authority ---PAGE BREAK--- suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. 1 ) Prohibited substances addressed by this policy include the following a. lllegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of 1988 any drug or any substance identified in Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 8'12), and as further defined by 21 CFR 1300.11 through 1 300.1 5 is prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to: marUuana, amphetamines, opioids, (PCp), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Adminiskation. lllegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. lt is important to note that the use of marijuana in any circumstances remains completely prohibited for any safety-sensitive employee sub,ect to drug testing under USDOT regulations. The use of marijuana in any circumstance (including under the state recreational and/or medical marijuana laws) by a safety-sensitive employee is a violation of this policy and a violation of the USDOT regulation 49 CFR Part 40, as amended. Federal Transit Administration drug testing regulations (4g CFR part 655) require that all employees covered under FTA authority be tested for marijuana, cocaine, amphetamines, opioids, and as described in this policy. lllegal use of these five drugs is prohibited at all times and thus, covered employees may be tested for these drugs anytime that they are on duty. b. Legal Drugs: The appropriate use of legally prescribed drugs and non- prescription medications is not prohibited. Howeve the use of anv r substance which carries a warninq label that indicates that mental functioninq, motor skills. or iudq ment mav be adverselv affected must be reported to the Citv of Woodbu rn supervisor and the emDlovee is reou redtop rovide a written release from his/he r doctor or pharmacist indicatinq that the emplovee can oerform his/her safetv-sensitive functions Drug and Alcohol Policy - Woodburn Tronsit Authority Page 9 E, PROHIBITED SUBSTANCES ---PAGE BREAK--- c. Alcohol: The use of beverages containing alcohol (including mouthwash, medication, food, candy) or any other substances containing alcohol in a manner which violates the conduct listed in this policy is prohibited, 1) lllegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as amended is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty if they have used a prohibited drug as defined in 49 CFR Part 40, as amended. 2) Each covered employee is prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety- sensitive .job functions. lf an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. The covered emplovee will subsequentlv be relieved of his/her on-call responsibilities and sub ect to d scr Dline for not fulfillino his/her on-call responsibilities. 4) Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater regardless of when the alcohol was consumed. a. An employee with a breath alcohol concentration which measures 0.02-0.039 is not considered to have violated the USDOT-FTA drug and alcohol regulations, provided the employee hasn't consumed the alcohol within four hours of performing a safety-sensitive duty. However, if a safety-sensitive employee has a breath alcohol concentration of 0.02-0.039, USDOT-FTA regulations require the employee to be removed from the performance of safety-sensitive duties until: i. The employee's alcohol concentration measures less than 0.02; or ii. The start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test, Drug and Alcohol Policy - Woodburn Transit Authority Page 10 F. PROHIBITED CONDUCT 3) The Transit Department shall not permit any covered employee to perform or continue to perform safety-sensitive functions if it has actual knowledge that the employee is using alcohol. ---PAGE BREAK--- 5) No covered employee shall consume alcohol for eight hours following involvement in an accident or until heishe submits to the poslaccident drug/alcohol test, whichever occurs first. 6) No covered employee shall consume alcohol within four hours prior to the performance of safety-sensitive job functions. 7) The Citv of Woodburn. under its own autho itv. also prohibits the consumo tion of alcohol at all times the emolovee is on d utv, or anvtime the emplovee ls tn uniform 8) Consistent with the Drug-free Workplace Act of 1988, all City of Woodburn employees are prohibited from engaging in the unlavuful manufacture, distribution, dispensing, possession, or use of prohibited substances in the workplace including transit system premises and transit vehicles. G. DRUG STATUTE CONVICTION H STING RE UIREMENTS Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify the City of Woodburn management of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviciion. Failure to comply with this provision shall result in disciplinary action as defined in this policy. 1) Drug testing and alcohol testing will be conducted as required by 49 CFR Part 40 as amended. All employees covered under FTA authority shall be subject to testing prior to performing safety-sensitive duty, for reasonable suspicion, following an accident, and random as defined in this policy, and return to duty/follow-up. 2) A drug test can be performed any time a covered employee is on duty. A reasonable performed sensitive jo suspicion, random, or follow-up alcohol test can only be ust before, during, or after the performance of a safety- alcohol st can be perfo ed anv time a covered emolovee is on dutv. All covered employees will be subject to drug testing and alcohol testing as a condition of ongorng employment with the City of Woodburn, Any safety- sensitive employee who refuses to comply with a request for testing shall be removed from duty and subject to discipline as defined in this policy. b function. Under the Citv of Woodbu rn authoritv. a non-DOT Drug and Alcohol Policy - Woodburn Transic Authority Page 11 ---PAGE BREAK--- 1) Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Service (HHS). All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. The procedures will be performed in a private, confidential manner and every effort will be made to protect the employee, the integrity of the drug testing procedure, and the validity of the test result. 2) The drugs that will be tested for include marijuana, cocaine, opioids, amphetamines, and After the identity of the donor is checked using picture identification, a urine and/or oral fluid specimen will be collected as described in 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT Custody and Control Form and identified using a unique identification number that attributes the specimen to the correct individual. The specimen analysis will be conducted at a HHS certified laboratory. An initial drug screen and validity test will be conducted on the primary specimen. For those specimens that are not negative, a confirmatory test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the confirmatory test are at or above the minimum thresholds established in 49 CFR Part 40, as amended. 3) The test results from the HHS certified laboratory will be reported to a Medical Review Officer. A Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the test and to determine whether there is a legitimate medical explanation for a confirmed positive, substitute, or adulterated test result. The MRO will attempt to contact the employee to notify the employee of the non-negative laboratory result and provide the employee with an opportunity to explain the confirmed laboratory test result. The MRO will subsequently review the employee's medical history/medical records as appropriate to determine whether there is a legitimate medical explanation for a non-negative laboratory result. lf no legitimate medical explanation is found, the test will be verified positive or refusal to test and reported to the City of Woodburn. lf a legitimate explanation is found, the MRO will report the test result as negative. Drug and Alcohol Policy - Woodburn Transit Authoriq) Page 12 I. DRUGTESTINGPROCEDURES ---PAGE BREAK--- 4) lf the test is invalid without a medical explanation, a retest will be conducted under direct observation. Employees do not have access to a test of their split specimen following an invalid result. 5) Any covered employee who questions the results of a required drug test may request that the split sample be tested. The split sample test must be conducted at a second HHs-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee. City of Woodburn will ensure that the cost for the split specimen analysis is covered in order for a timely analysis of the sample, however the Citv of Woodburn will seek reimburseme for the solit samole st from the emolovee. 6) lf the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled. 7) Observed collections. a. Consistent with 49 CFR Part 40, as amended, collection under direct observation with no advance notice will occur if: i. The laboratory reports to the MRO that a specimen is invalid, and the MRO reports to the City of Woodburn that there was not an adequate medical explanation for the result. ii, The MRO reports to the City of Woodburn that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen could not be performed. Page 73 iii. The laboratory reported to the MRO that the urine specimen was negative-dilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dl, and the MRO reported the urine specimen as negative-dilute Drug ond Alcohol Policy - Woodburn Transit Authority ---PAGE BREAK--- and that a second collection must take place under direct observation (see S40. 1 97(bX1 iv. The collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen. v. The temperature on the original urine specimen was out of range (See$40.65(bX5)). vi. Anytime the employee is directed to provide another specimen because the original specimen appeared to have been tampered with (See Sao.65(cX1)). vii. All follow-up-tests; or viii. All return-to-duty tests Urine collections that are required to be directly observed will be conducted by a person of the same gender as the donor as required by 49 CFR Part 40.67. J. ALCOHOLTESTING PROCEDURES 1) Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing device (EBT) operated by a trained Breath Alcohol Technician (BAT). A list of approved EBTs can be found on ODAPC's Web page for "Approved Evidential Breath lvleasurement Devices". Alcohol screening tests may be performed using a non- evidential testing device (alcohol screening device (ASD)) which is also approved by NHTSA. A list of approved ASDs can be found on ODAPC's Web page for "Approved Screening Devices to Measure Alcohol in Bodily Fluids". lf the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test must occur on an EBT. The confirmatory test will be conducted no sooner than fifteen minutes after the completion of the initial test. The confirmatory test will be performed using a NHTSA- approved EBT operated by a trained BAT. The EBT will identifo each test by a unique sequential identification number. This number, time, and unit identifier will be provided on each EBT printout. The EBT printout, along with an approved alcohol testing form, will be used to document the test, the subsequent results, and to attribute the test to the correct employee" The test will be performed in a private, confidential manner as required by Drug and Alcohol Policy - Woodburn Transit Authorily Page 14 ---PAGE BREAK--- 49 CFR Part 40, as amended. The procedure will be followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures and validity of the test result. 2) A confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. The consequences of a positive alcohol test are described in this policy. Even though an employee who has a confirmed alcohol concentration of 0.02 to 0.039 is not considered positive, the employee shall still be removed from duty for at least eight hours or for the duration of the workdav whichever is lonoer and will be subject to the consequences described in this policy. An alcohol concentration of less than 0.02 will be considered a negative test. 3) The City of Woodburn affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. lf at any time the integrity of the testing procedures or the validity of the test results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do not impact the test result will not result in a cancelled test. 4) The alcohol testing form (ATF) required by 49 CFR part 40 as amended, shall be used for all FTA required testing. Failure of an employee to sign step 2 of the ATF will be considered a refusal to submit to testing. K. PRE-EMPL OYMENT TESTING 1) All applicants for covered transit positions shall undergo drug testing prior to performance of a safety-sensitive function. a. All offers of employment for the covered positions shall be extended conditional upon the applicant passing a drug test. An applicant will not be allowed to perform safety-sensitive functions unless the applicant takes a drug test with verified negative results. b. An employee shall not be placed, transferred, or promoted into a position covered under FTA authority or company authority until the employee takes a drug test with verified negative results. c. lf an applicant fails a pre-employment drug test, the conditional offer of employment shall be rescinded, and the applicant will be provided with a list of at least two USDOT qualified Substance Abuse Professionals. Failure of a ore-em lovment druo test will ual an a lic ment for a eriod of at lea ton vear. Before being considered for future employment the applicant Drug and Alcohol Policy - Woodburn Transit Authority Page 15 ---PAGE BREAK--- d. When an employee being placed, transferred, or promoted from a non-covered position to a position covered under FTA authority or company authority submits a drug test wlth a verified positive result, the employee shall be subject to disciplinary action in accordance with this policy. e. lf a pre-employment test is canceled, the City of Woodburn will require the applicant to take and pass another pre-employment drug test. g. Following a negative dilute the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required unless directed to do so by the MRO. h. Applicants are required (even if ultimately not hired) to provide fhe City of Woodbum with signed written releases requesting USDOT drug and alcohol records from all previous, USDOT-covered, employers that the has worked for within the last two years. Failure to do so will result in the employment offer being rescinded. The City of Woodburn is required to ask all applicants (even if ultimately not hired) if they have tested positive or refused to take a pre-employment test for a USDOT covered employer within the last two years. lf the applicant has tested positive or refused to test on a pre-employment test for a USDOT covered employer, the applicant must provide the City of Woodburn proof of having successfully completed a referral, evaluation and treatment plan as described in section 655.62 of subpart G. Drug and Alcohol Policy - Woodburn Tronsit Authoriy Page 16 must provide the employer proof of having successfully completed a referral, evaluation and treatment plan as described in section 655.62 of subpart G. The cost for the assessment and anv subsequent treatment will be the sole responsibility of the aoplicant. f. ln instances where a FTA covered employee does not perform a safety-sensitive function for a period of 90 consecutive days or more regardless of reason, and during that period is not in the random testing pool the employee will be required to take a pre- employment drug test under 49 CFR Part 655 and have negative test results prior to the conduct of safety-sensitive job functions. L. REASONABLE SUSPICION TESTING ---PAGE BREAK--- 1) All City of Woodburn FTA covered employees will be subject to a reasonable suspicion drug and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. Reasonable suspicion shall mean that there is objective evidence, based upon specific, contemporaneous, articulable observations of the employee's appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by one or more supervisors who are trained to detect the signs and of drug and alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse. A reasonable suspicion alcohol test can only be conducted just before, during, or just after the performance of a safety-sensitive job function. However. under the Citv of odburn's authoritv. a non-DOT reasonable sus DIcion alcohol test mav be Derformed any time the covered emplovee is on dutv. A reasonable suspicion drug test can be performed any time the covered employee is on duty. 2) The city of Woodburn shall be responsible for transportinq the emolovee to the testinq site, Supervisors should avoid placinq themselves and/or others into a situation which miqht endanoer the ohvsical safetv of those sent. The em shall disciolinarv action d dministrative leave n ln ribed in this oolicv. An emolovee who refuses an instruction to submit to a druo/alcohol test shall not be permitted to finish his or her shift and shall immediatelv be placed on administrative leave pendino disciolinarv action as specified in this oolicv 3) A written record of the observations which led to a drug/alcohol test based on reasonable suspicion shall be prepared and signed by the supervisor making the observation. This written record shall be submitted to the City of Woodburn. Drug and Alcohol Policy - Woodburn Transit Authority Page 17 4) When there are no soecific. contemooraneous. articulable obiective facts that indicate current druq or alcohol use, but the emplovee (who is not alreadv a participant in a treatment orooram) admits the abuse of alcohol or other substances to a supervisor in his/her chain of command, the emplovee shall be referred for assessment and treatment consistent with this policv. Citv of Woodburn shall place the emolovee on administrative leave in accordance with the provisions set forth under this policv. Testinq in this circumstance would be performed under the direct authoritv of the Citv of Woodburn. Since the emplovee self-referred to manaEement. testing under this circumstance would not be considered a violation of this policv or a positive test result under Federal authoritv. However. self-referral does not exempt the covered emplovee from testino ---PAGE BREAK--- 1) FATAL ACCIDENTS - A covered employee will be required to undergo drug and alcohol testing if they are involved in an accident with a transit vehicle, whether or not the vehicle is in revenue service at the time of the accident, that results in a fatality. This includes all surviving covered employees that are operating the vehicle at the time of the accident and any other whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. 2) NON-FATAL ACCIDENTS - A post-accident test of the employee operating the public transportation vehicle will be conducted if an accident occurs and at least one of the following conditions is met: a. The accident results in injuries requiring immediate medical treatment away from the scene unless the covered employee can be completely discounted as a contributing factor to the accident. b. One or more vehicles incurs disabling damage as a result of the occurrence and must be transported away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident. ln addition, 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, will be tested. As soon as practicable following an accident, as defined in this policy, the transit supervisor investigating the accident will notify the transit employee operating the transit vehicle and all other covered employees whose performance could have contributed to the accident of the need for the test. The supervisor will make the determination using the best information available at the time of the decision. The appropriate transit supervisor shall ensure that an employee, required to be tested under this section, is tested as soon as practicable, but no longer than eight hours of the accident for alcohol, and no longer than 32 hours for drugs. lf an alcohol test is not performed within two hours of the accident, the Supervisor will document the reason(s) for the delay. lf the alcohol test is not conducted within eight hours, or the drug test within 32 hours, attempts to conduct the test must cease and the reasons for the failure to test documented. Drug and Alcohol Policy - Woodburn Transit Authority Page 18 under Federal authoritv as specified in this policv or the associated consequences. M. POST.ACCIDENT TESTING ---PAGE BREAK--- Any covered employee involved in an accident must refrain from alcohol use for eight hours following the accident, or until he/she undergoes a post-accident alcohol test. An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of his or her location if he or she leaves the scene of the accident prior to submission to such test, may be deemed to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident, or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. ln the rare event that the City of Woodburn is unable to perform an FTA drug and alcohol test employee is unconscious, employee is detained by law enforcement agency), City of Woodburn may use drug and alcohol post- accident test results administered by local law enforcement ofiicials in lieu of the FTA test. The local law enforcement officials must have independent authority for the test and the employer must obtain the results in conformance with local law. 1) All covered employees will be subjected to random, unannounced testing. The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees. lndividuals who m be covered under comoanv authoritv will be selected from a pool of non-DOT-covered individuals. 2) The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year, day of the week and hours of the day. 3) The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not less than the percentage rates set each year by the FTA administrator. The current year testing rates can be viewed online at rates. Page 79 N. RANDOMTESTING Drug and Alcohol Policy - Woodburn Tronsit AuthoriI ---PAGE BREAK--- 4) Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and subject to selection, whether or not the employee has been previously tested. There is no discretion on the part of management in the selection, 5) Covered transit employees that fall under the Federal Transit Administration regulations will be included in one random pool maintained separately from the testing pool of non-safety-sensitive employees that are included solely under the City of Woodburn authority. 6) Random tests can be conducted at any time during an employee's shifi for drug testing. Alcohol random tests can only be performed just before, during, or just after the performance of a safety sensitive duty. However. under the Citv of Woodburn's authoritv. a non-DOT random alcohol test mav be oerformed anv time the covered emplovee is on dutv Testing can occur during the beginning, middle, or end of an employee's shift. 7) Employees are required to proceed immediately to the collection site upon notification of their random selection. O. RETURN-TO-DUW TESTING City of Woodburn will terminate the emolovme t of anv emolovee that tests ositive a test as s I ified in this However, in the rare event an employee is reinstated with court order or other action beyond the control of the transit system, the employee must complete the return{o-duty process prior to the performance of safety-sensitive functions. All covered employees who previously tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and released by the Substance Abuse Professional before returning to work. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. The SAP will recommend the return-to- duty test only when the employee has successfully completed the treatment requirement and is known to be drug and alcohol-free and there are no undue concerns for public safety. The SAP will determine whether the employee returning to duty will require a return-to-duty drug test, alcohol test, or both. P.F OW-UP TESTING Covered employees that have returned to duty following a positive or refused test will be required to undergo frequent, unannounced drug and/or alcohol testing Drug and Alcohol Policy - Woodburn Transit Authority Page 20 ---PAGE BREAK--- following their return-to-duty test. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year. The frequency and duration of the follow-up tests (beyond the minimums) will be determined by SAP reflecting the SAP's assessment of the employee's unique situation and recovery progress. Follow-up testing should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion, and return-to-duty testing. Q. RESULT OF DRUG/A LCOHOL TEST 1) Any covered employee that has a verified positive drug or alcohol test, or test refusal, will be immediately removed from his/her safety-sensitive position, informed of educational and rehabilitation programs available, and will be provided with a list of at least two USDOT qualified Substance Abuse Professionals (SAP) for assessment, and will be terminated. 2) Following a negative dilute the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required unless directed to do so by the tVlRO. 3) Refusal to submit to a drug/alcohol test shall be considered equivalent to a positive test result ct act of insubordination an shall result in n termination and referral to a list of USDOT qualified SAPs. A test refusal is defined as any of the following circumstances: a. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer. b. Fail to remain at the collection site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. c. Fail to attempt to provide a specimen. An employee who does not provide a specimen because he or she has left the testing site Page 21 ln the instance of a self-referral or a manaoement referral, the emplovee will be subject to non-USDOT follow-up tests and follow-up testinq plans modeled usinq the process described in 49 CFR Part 40. However. all non-USDOT follow-up tests and all Daperwork associated with an emplovee's return-to-work aqreement that was not precipitated bv a positive test result (or refusal to test) does not constitute a violation of the Federal requlations will be conducted under companv authoritv and will be performed usinq non-DOT testinq forms. Drug and Alcohol Policy - Woodburn Transit Authoriry ---PAGE BREAK--- before the testing process commenced for a pre-employment test has not refused to test. d. ln the case of a directly-observed or monitored urine collection in a drug test, fail to permit monitoring or observation of your provision of a specimen. e. Fail to provide a sufficient quantity of specimen without a valid medical explanation. f. Fail or decline to take an additional test as directed by the collector or the employer for drug testing. g. Fail to undergo a medical evaluation as required by the MRO or the employer's Designated Employer Representative (DER). h. Fail to cooperate with any part ofthe testing process. i. Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly observed urine collection. j. Possess or wear a prosthetic or other device used to tamper with the collection process. k. Admit to the adulteration or substitution of a specimen to the collector or MRO. l. Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). m. Fail to remain readily available following an accident. n. As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. 4) An alcohol test result of >0.02 to < 0.039 BAC shall result in the removal of the employee from duty for eight hours or the remainder or the workdav whichever is lonoer. The em ovee will not be allowed to return to safetv- o sensitive dutv for his/her next shift until heishe submits to a NONDOT alcohol test with a result of less than 0.02 BAC a. Mandatorv referral for an assessment bv an emplover approved counselino professional for assessment , formulation of a treatment plan. and execution of a return-to-work aqreement: b. Failure to execute or remain compliant with the return-to-work aqreement shall result in termin ation from the Citv of Woodburn emplovment. i. Compliance with the return-to-w ork aoreement means that the emo ovee has submitted to a dr q/alcohol test immediatelv prior to returnino to work; the result of that test is neoative: the emolovee is coooeratinq with his/her recommended treatmen oro ram: and. the emolovee has aoreed to oeriodic unannounced follow-up testina as Drug and Alcohol Policy - Woodburn Transit Authority Page 22 5) ln the instance of a self-referral or a manaoement referral. disciplinarv action aqainst the emplovee shall include: ---PAGE BREAK--- c. Refusal ibed in this however all oerformed as oart of a return-to-work aqreement required under this oolicv is under the sole authoritv of the Citv of Woodburn and will be oerformed usinq non-DOT testinq forms to submit to a eriodic unannounced follow-uo druo/alcohol o test shall be considered a direct act of insubordination and shall result in termination. All tests conducted as part of the return- to-work aqreement willbe conducted under company authoritv and \ilill be oerformed usinq non-DOT testinq forms. A self-referral or manaoement referraIto the emDlover's counselino Dro ional that was not oreciDita d bv a positive test result does not constitute a violation of the Federal reo ulations and will not be considered asa oositive test result in relation to the Drodressive discioline defined n this oo tcv e. Periodic unannounced follow-uo druq/alcohol testino conducted as self-refe I or mana eme verified positive shall be conside red a positive test result in relation to the orooressive disciol ine defined in this oolicv. f. A Volunta Referral does not shield an emDlovee from disciolinarv action or ouarantee emolovment with the City of Woodburn o. A Volunta Referral does not shield an employee from the reouirement to comolv with druq and alcohol testinq d The consequences specified by 49 CFR Part 40.149 for a positive test or test refusal is not subject to arbitration. S, PROPER APPLICATION OF THE POLICY Citv of Woodburn is dedicated to assurino fair and eouitable aDolication of this substance abuse licv. Therefore. suDervisors/manaqers are reouired to use and aoolv all aspe of this oolicv in an unbiased and im artial manner. Anv suoervisor/manaoer ho knowinolv disreoards the requirements of this oolicv. or who is found to deliberatelv misuse the licv in reoard to subordinates, shall be subiect to disciolinarv action. uo to and includino termination T. F RMATION DISCLOSU Drug and Alcohol Policy - Woodburn Tronsit Authori1l Page 23 6) Failure of an employee to report within five days a criminal druq statute conviction for a violation occurrinq in the workplace shall result in termination. R. GRIEVANCEANDAPPEAL ---PAGE BREAK--- 1) Drug/alcohol testing records shall be maintained by the City of Woodburn Drug and Alcohol Program Manager and, except as provided below or by law, the results of any drug/alcohol test shall not be disclosed without express written consent of the tested employee. 2) The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have the right to gain access to any pertinent records such as equipment calibration records, and records of laboratory ce(ifications. Employees may not have access to SAP follow-up testing plans. 3) Records of a verified positive drug/alcohol test result shall be released to the Drug and Alcohol Program Manager, and other transit system management personnel on a needto-know basis. 4) Records will be released to a subsequent employer only upon receipt of a written request from the employee. 5) Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test. The records will be released to the decision maker in the proceeding, 6) Records will be released to the National Transportation Safety Board during an accident investigation. 7) lnformation will be released in a criminal or civil action resulting from an employee's performance of safety-sensitive duties, jn which a court of competent jurisdiction determines that the drug or alcohol test information is relevant to the case and issues an order to the employer to release the information. The employer will release the information to the decision maker in the proceeding with a binding stipulation that it will only be released to parties of the proceeding. 8) Records will be released to the DOT or any DOT agency with regulatory authority over the employer or any of its employees. 9) Records will be released if requested by a Federal, state, or local safety agency with regulatory authority over City of Woodburn or the employee. Drug ond Alcohol Policy - Woodburn Transit Authority poge 24 ---PAGE BREAK--- 10)lf a party seeks a court order to release a specimen or part of a specimen contrary to any provision of Part 40 as amended, necessary legal steps to contest the issuance of the order will be taken. 11)ln cases of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FTA. Drug and Alcohol Policy - Woodburn Transit AuthoriI Page 25 ---PAGE BREAK--- This Policy was adopted by the City of Woodburn on April 1, 2024. City of Woodburn By Scott C. ministrator Date: Aoril 1. 2024 Drug and Alcohol Policy - Woodburn Transit Authoriqt page 26 ---PAGE BREAK--- Job Title Attachment A Job Duties Testinq Authoritv Transit Operations Supervisor Fleet Maintenance Bus Driver Management of Transit Program Mechanical Service Dispatch & Driving FTA FTA FTA Drug and Alcohol Policy - Woodburn Transit Authority Page 27 ---PAGE BREAK--- Any questions regarding this policy or any other aspect of the substance abuse policy should be directed to the following individual(s). City of Woodburn Druo and Alcohol Proqram Manaqer Name: Mel Gregg Title: HR Director Address: 270 Montgomery St. Woodburn, OR 97071 Telephone Numben [PHONE REDACTED] Medical Review Officer Name: Matthew Noble, M.D. Title: Address: 318 1 SW Sam Jackson Park Rd Portland, OR 97239 Telephone Number: 503494-7 551 Substance Abuse Professional Name: Katherine Hager Title: Address: 3276 Commercial Street SE Salem, OR 97302 Telephone Number: 503-428-7 21 1 HHS Certified Laboratory Primary Specimen Name: Legacy Metro Lab Address: 1225 NE Second Avenue Portland, OR 97232 Telephone Number: 503-41 3-5295 HHS Certified Labo to So it Soecimen Name:LabCorp Address: 500 Perimeter Park, Suite C Morrisville, NC 27560 Telephone Number: 9'1 9-481 -5262 Drug ond Alcohol Policy - Woodburn Tronsit Authority Page 28 Attachment B Contacts