4.130.090 Required tests | Palmer Municipal Code

4.130.090 Required tests.

1. For the purposes of pre-employment testing only, an employee includes applicants and current employees selected for employment in such a position or an employee who has been out of the random pool for a period of 90 days or longer.

a. Prior to the first time a driver performs safety-sensitive functions for the city, the driver shall undergo testing for controlled substances as a condition prior to being used.

b. No driver will be allowed to perform safety-sensitive functions unless the employee has received a controlled substances test result from the medical review officer (MRO) or consortium/third party administrator (C/TPA) indicating a verified negative test result for that driver.

2. The applicable designated employer representative (DER) will obtain, pursuant to a driver’s consent, information on the employee’s alcohol tests with a concentration result of 0.04 or greater, positive controlled substances test results, and refusals to be tested, within the preceding two years, which are maintained by the employee’s previous employers.

a. This information must be obtained and reviewed by the applicable DER no later than 14 calendar days after the first time a driver performs safety-sensitive functions for the city, if it is not feasible to obtain the information prior to the driver performing safety-sensitive functions.

b. A driver will not be allowed to perform safety-sensitive functions more than 14 days without obtaining the information.

3. A driver will not be allowed to perform safety-sensitive functions if the city obtains information showing an alcohol test with a concentration of 0.04 or greater, or a verified positive controlled substances test result, or refusal to be tested, unless the applicable DER obtains information on the driver’s subsequent substance abuse professional evaluation and associated successful return-to-duty testing.

1. The city shall require a driver to submit to an alcohol test when the city believes the driver has violated the prohibitions of this policy concerning alcohol.

a. The city’s determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

2. The city shall require a driver to submit to a controlled substances test when the city has reasonable suspicion to believe that the driver has violated the prohibitions of this policy concerning controlled substances.

a. The city’s determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

b. The observations may include indications of the chronic and withdrawal effects of controlled substances.

3. The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or city official who is trained in accordance with this policy. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver.

4. Alcohol testing is authorized by this section only if the observations required by this title are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance.

a. A driver may be directed by the employer to only undergo reasonable suspicion testing while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.

a. If an alcohol test required by this title is not administered within two hours following the reasonable suspicion determination, the city shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered.

b. If the alcohol test required by this policy is not administered within eight hours following the reasonable suspicion determination, the city shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test.

c. The report(s) shall be forwarded to the applicable DER.

C. Notwithstanding the absence of a reasonable suspicion alcohol test under this policy, no driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the city permit the driver to perform or continue to perform safety-sensitive functions, until:

1. An alcohol test is administered and the driver’s alcohol concentration measures less than 0.02; or

2. Twenty-four hours have elapsed following the determination that there is reasonable suspicion to believe that the driver has violated the prohibitions concerning the use of alcohol.

D. Except as provided in this title, the city shall not take any action against a driver based solely on the driver’s behavior and appearance, with respect to alcohol use, in the absence of an alcohol test.

E. A written record shall be made of the observations leading to an alcohol or controlled substance reasonable suspicion test, and signed by the supervisor or city official who made the observation, within 24 hours of the observed behavior or before the results of the controlled substance tests are released, whichever is earlier. (Ord. 12-001 § 3, 2013)