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SR 07-24-2018 3T City Council Report City Council Meeting: July 24, 2018 Agenda Item: 3.T 1 of 3 To: Mayor and City Council From: Edward King, Director, Big Blue Bus, Finance & Administrative Services Subject: Adoption of Big Blue Bus Drug & Alcohol Program Recommended Action Staff recommends that the City Council adopt the Big Blue Bus Drug and Al cohol Program, as required by the Federal Transit Administration. Summary Big Blue Bus (BBB) recommends that City Council adopt its revised Drug & Alcohol Program, as required by the Federal Transit Administration (FTA). BBB’s Drug & Alcohol Program has been updated to include amendments from 49 Code of Federal Regulations (CFR) Part 40, such as additional controlled substances added to the testing, and references to Federal Motor Carrier Safety Administration (FMCSA) standards were removed. Discussion FTA requires that employers who receive financial assistance from the FTA, as well as their contractors, implement programs, as specified in 49 CFR Part 655, that are designed to help prevent accidents, injuries, and fatalities resulting from the m isuse of alcohol and use of prohibited drugs by employees who perform safety-sensitive functions. The FTA also requires that the governing body of a transit agency adopt its Drug & Alcohol Program. The latest revisions to the policy include: A) Department of Transportation (DOT) published amendments to 49 CFR Part 40. Among the changes, four-semi synthetic opioids (i.e. hydrocodone, oxycodone, hydromorphone, oxymorphone) were added to the DOT drug testing panel. Removal of analyte methylenedisxyethylamphetamine (MDEA) was part of the amendment. The final rule also clarifies certain existing drug testing program 2 of 3 provisions and definitions, makes technical amendments, and removes the requirement for employers and Third-Party Administrators (test facility) to submit blind specimens. B) The revised program includes removal of FMCSA references and standards. While individual California Driver License (CDL) holders are still subject to FMCSA sanctions and other ramifications for rule violations (i.e. CDL disqualification), they are exempt from the testing requirements of Part 382. Section 382.103(d)(1) states: Exemptions. This part shall not apply to employers and their drivers: (1) required to comply the alcohol and/or controlled substance testing requirements of Part 655 of this title (FTA alcohol and controlled substance testing regulations). C) Safety-sensitive positions have been updated and language for random testing percentage was broadened, to include for annual changes. Staff has informed the bargaining units impacted by the modifications that have been mandated by FTA. Past Council Actions The Drug & Alcohol Program is regularly updated and adopted by Council. The most recent adoption was in January 2017. Meeting Date Description 1/24/2017 (attachment A) Adoption of Drug & Alcohol Policy Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. 3 of 3 Prepared By: Enny Chung, Sr. Admin Analyst - Grants Approved Forwarded to Council Attachments: A. 1.24.17_Drug & Policy Adoption B. 2018 CSM BBB Drug and Alcohol Policy_rev City Council Report City Council Meeting: January 24, 2017 Agenda Item: 3.I 1 of 6 To: Mayor and City Council From: Edward King, Director, Big Blue Bus, Transit Finance & Grants Subject: Big Blue Bus Short Range Transit Plan, Application for Funds and Drug & Alcohol Policy Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to file the Fiscal Year (FY) 2017 through FY 2019 Short Range Transit Plan (SRTP) with the Los Angeles County Metropolitan Transportation Authority (Metro); 2. Adopt the resolution authorizing the City Manager to: a. Apply for and execute grant agreements and execute related certifications and assurances with the Federal Transit Administration (FTA), Metro, or other federal, state, regional or local agencies, and b. Enter into agreements for transit funds for the pass-through of funds and agreements for planning, programming, and implementing transit services and capital projects during FY 2017 through FY 2019; and 3. Adopt the Big Blue Bus Drug & Alcohol Policy. Executive Summary Big Blue Bus requests City Council authorization to file the FY 2017-FY 2019 Short Range Transit Plan (SRTP) with the LA County Metropolitan Transportation Authority (Metro), the regional planning authority. Municipal operators are required to file the SRTP with the regional planning authority in order to maintain eligibility to receive federal and state transit funds. Santa Monica’s Big Blue Bus (BBB) has filed this report with Metro for the last 30 years. The SRTP is a planning document that provides a service and systems evaluation, summarizes and evaluates recent accomplishments, provides a three-year action plan for service, operations, and programs, provides a capital improvement program, and the corresponding estimated values for planning purposes. BBB also requests Council action to adopt the updated Drug & Alcohol Program and authorize the City Manager to file grant applications, execute grant agreements and to enter into agreements associated with funding, planning, programming, and implementation of transit services and capital projects. T here is no fiscal impact associated with the requested actions. Future fiscal impacts will be considered during the annual budget process. Discussion Short Range Transit Plan 2 of 6 Big Blue Bus is required by the Transportation Development Act (TDA) of 197 1 to file an SRTP to maintain eligibility for federal, state, and regional transit funding. The SRTP is a planning document that evaluates accomplishments over the past year and provides a three-year action plan for service, operations, and programs, a capital improvement program, including fleet replacement, facility improvements, equipment modernization, and other infrastructure needs, and the corresponding budget for implementation. The SRTP also serves as an opportunity for staff to outline service improvements, establish industry standards and service planning guidelines, and evaluate system-wide route performance. The FY2017-2019 Short Range Transit Plan includes a brief description of Big Blue Bus service containing route information, service area facts, completed route/service changes, and planned service changes. Service changes implemented since the last SRTP were identified and approved through the Expo Integration Plan (known as Evolution of Blue) that was adopted by City Council on April 28, 2015. Future service changes will be covered in a follow-up study to the Evolution of Blue plan expected to begin in late 2017 (one year after the Evolution of Blue service changes were completed). The follow-up study shall assess all route changes to determine BBB’s success in improving ridership and providing reliable, efficient connections with the Expo Line. The results of the follow-up study would shape future improvements beyond 2017. The SRTP also contains an update on any significant capital projects; for example, bus replacements. As part of this ongoing project, BBB accepted 11 new 40-foot buses, 4 30-foot buses, and 7 articulated buses during the last two years and will be accepting 25 additional 40-foot buses between December 2016 and March 2017. 3 of 6 The SRTP summarizes BBB’s group fare discount program, including with Santa Monica College, UCLA, Saint John’s Health Center, and Unincorporated Los Angeles County areas. The fare discount program is just one of the many initiatives implemented by BBB to benefit the community. Others include regional coordination, digital communications updates, Bus Stop Pride (to further improve the customer experience while awaiting, boarding, or alighting from our buses), transit information improvements, and many more. Big Blue Bus has been working continuously and resolutely to enhance service for its residents, current customers, and future customers. In addition to the description of Big Blue Bus’ system, service, programs, and projects, the SRTP includes a snapshot of BBB through financial tables, as required by the State’s Transportation Development Act, including the current fare structure, fleet inventory, financial statement, and a capital project summary. The Short Range Transit Plan document also identifies the projected operating revenue and expenses required to realize the service, programs, and projects contained within the plan. The proposed SRTP financial forecast is based on a combination of BBB' share of Metro’s countywide formula-based allocation of transit funds and BBB’s projected operational needs. The FY 2016-17 estimated formula allocation of operating funds (TDA, State Transit Assistance (STA), Proposition A 40%, Measure R 20%, Proposition C-Security, Foothill Mitigation, and Bus Stop Improvement Program) is $43.6 million, and non-formula allocation (Proposition A and Measure R Local Return) is $1.4 million. Local operating revenues (passenger fares, advertising, interest, lease, and special transit services revenues) are estimated at $18.3 million. Authorization 4 of 6 Staff requests that Council authorize the City Manager to file grant applications as transit-related funding opportunities become available; to execute grant agreements to accept federal, state, regional and local transit or transit-related funds, as funds are approved or programmed; and, to execute and file certifications and assurances as they relate to grant programs, compliance and project implementation. These authorizations would allow the City to expedite its annua l grant applications and participate in unanticipated one-time grant opportunities in a timely manner. Potential funding agencies include, but are not limited to, the Federal Transit Administration (FTA) and other federal agencies, Metro, the South Coast Air Quality Management District (SCAQMD), State Department of Homeland Security, California Department of Transportation (CalTrans), and other state and regional agencies. Staff also requests that the City Manager be authorized to enter into agreements including but not limited to, Memorandums of Understanding (MOUs), Letters of Agreement (LOAs), Cooperative Procurement Agreements, and sub -grantee agreements for transit funds and for pass-through funds. Agreements may include, but are not limited to, agreements by and between the City of Santa Monica and Metro, SCAQMD, FTA, the Southern California Association of Governments (SCAG), Playa Vista, non-profits, and other federal, state, local, and regional entities for the purposes of planning, programming funds and implementing transit services and capital projects for the residents of the City of Santa Monica and greater Los Angeles area. Drug & Alcohol Policy/Procedures FTA requires the governing body of a transit agency to adopt its Drug & Alcohol Policy. 5 of 6 FTA recently updated regulations for drug and alcohol testing for safety sensitive employees. Staff requests that Council adopt BBB’s Draft Drug & Alcohol Policy/Procedures for Employees in Safety-Sensitive Job Functions, which has been updated to comply with current Federal Regulations, clarifying testing procedures falling under City authority and Federal authority. Staff is currently in the process of advising the bargaining units impacted by the modifications most recently mandated by FTA. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended actions. The SRTP is a working document with estimated values for planning purposes. Provision for the proposed capital improvements and recommended service changes that impact the operating budget will be made each budget year with available allocations of transit revenues. The FY 2016 -17 improvements are fully funded in the City budget with local operating and transit subsidy funds. 6 of 6 Prepared By: Enny Chung, Sr. Admin Analyst - Grants Approved Forwarded to Council Attachments: A. FINAL SRTP_FY17-FY19 B. Drug Alcohol Policy 2016_revised 1.24.17 C. Expo Integration Plan (Evolution of Blue) D. Short Range Transit Plan Resolution Drug & Alcohol Policy/Procedures For Employees in Safety-Sensitive Job Functions Adopted ______________, 2018 In accordance with the U.S. Department of Transportation, Federal Transit Administration (49 CFR Parts 40 and 655) City of Santa Monica’s City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 2 Table of Contents Page Introduction & Policy Statement 3 Program Manager 4 Prohibited Substances 4 Prohibited Conduct 4 Covered Employees 5 Types of Testing & Requirements 6 Testing Procedures 12 Refusals to Test and Uncompleted Tests 15 Consequences of Engaging in Prohibited Behavior 16 Additional Grounds for Disciplinary Action 16 Evaluation / Rehabilitation 17 Return-to-Work 19 Medical Review Officer 19 Testing Laboratory 20 Employee and Supervisor Training 20 Recordkeeping 20 Contractors Hired by the City 22 Confidentiality 22 Glossary of Acronyms 22 Terms and Definitions 23 Effects of Alcohol Misuse and Drug Abuse 25 Attachments: A)Fact Sheets: Alcohol, Amphetamine, Cocaine, Marijuana, Opiate and Phencyclidine 27 B)Post-Accident Decision Form 34 C)Reasonable Suspicion Record of Decision Form 36 D)Notification of Required Testing Form 38 E)Acknowledgement of Training and Receipt of Policy 41 City of Santa Monica’s Big Blue Bus Adopted by City Council on _______, 2018 3 City of Santa Monica’s Big Blue Bus I. INTRODUCTION The City of Santa Monica (“City”) has implemented the Drug and Alcohol Policy/Procedures for Employees in Safety-Sensitive Job Functions for covered Big Blue Bus employees to ensure compliance with federal regulations of the Department of Transportation (DOT). This policy supplements the City’s Drug-Free Workplace Program. If federal regulations conflict with the City policies, the federal regulations shall prevail. If federal regulations fail to provide language for a particular situation, the employee shall be subject to other applicable City policies. DOT allows the City’s policy to be stricter than their regulations as long as language specific to the City’s policy is identified. Therefore, where this policy goes beyond the requirements of DOT, the text is highlighted in bold print. A.Policy Statement The City is committed to maintaining a safe and productive work environment and providing safe, dependable and efficient transportation services to our customers. We recognize that our safety-sensitive employees' potential use of illegal drugs and misuse of alcohol poses a significant risk to public safety, as well as the employee’s health and well-being, and can cause loss of efficiency and productivity or a disruptive work environment. In view of this, the City, on behalf of the Big Blue Bus, has adopted this policy that is designed to: 1.Provide a drug and alcohol-free work environment; 2.Deter and detect employees’ use of illegal drugs and misuse of alcohol; 3.Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of drugs; and 4.Encourage employees to seek professional assistance anytime personal problems, including drug or alcohol dependency, may adversely affect their ability to safely perform their assigned duties. B.Purpose The purpose of this policy is to ensure worker fitness for duty and to protect our employees, passengers, and the public from safety and health risks posed by the misuse of alcohol and drugs. This policy is intended to comply with all applicable State and Federal regulations governing workplace anti-drug use and alcohol misuse programs in the transportation industry. The regulations include Department of Transportation (DOT) regulations, 49 CFR Parts 40 and 655.Part 655 requires that Transit Employees who maintain, operate, or control the movement of public transportation vehicles be tested for drugs and alcohol. Part 40 sets the standards for the collection and testing of urine and breath specimens. This policy incorporates the DOT requirements for DOT-covered safety-sensitive employees. Participation in this program is a requirement of all safety-sensitive employees, and therefore, is a condition of employment. All covered employees are required to submit to drug and alcohol testing administered in accordance with Part 655. Any questions in relation to this program should be directed to the DOT Program Manager, Transit Safety & Security Coordinator, at (310) 458-1975, or the Human Resources Department. City of Santa Monica’s Big Blue Bus Adopted by City Council on _______, 2018 4 Additional information regarding DOT regulations can also be found at http://transit- safety.volpe.dot.gov/DrugAndAlcohol/Regulations/default.asp. This policy applies to safety-sensitive employees only, as defined in this policy. It applies to off- site lunch periods or breaks when an employee is scheduled to return to work or is on-call. Visitors, invitees, and vendors are prohibited from entering City premises or from conducting any work on behalf of the Big Blue Bus when illegal substances are present in their system, or when they are under the influence of alcohol. II.PROHIBITED SUBSTANCES A.Drugs: Covered employees are prohibited by the Department of Transportation (DOT) from using marijuana (including all hemp products), cocaine, opiates (including hydrocodone, oxycodone, hydromorphone, and oxymorphone), phencyclidine (PCP), and amphetamines at any time. For the purpose of this policy, the term “drugs” and “controlled substances” have the same meaning. B.Alcohol: The consumption/use of beverages containing alcohol or substances including any medication, mouthwash, food, candy, or any other substances such that alcohol is present in the body while performing safety-sensitive functions is prohibited. III.PROHIBITED CONDUCT Any covered employee who engages in the following prohibited conduct will be immediately removed from performing safety-sensitive functions and may be subject to disciplinary action, up to and including termination. (1)All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body at or above the minimum thresholds defined in 49 CFR Part 40. (2)Each covered employee is prohibited from possessing or consuming alcohol while performing safety-sensitive job functions or consuming alcohol while on-call to perform safety-sensitive job functions. If a covered employee is on-call and has consumed alcohol while on-call, the employee must acknowledge the use of alcohol at the time that he/she is called to report for duty. And, if the covered employee claims ability to perform his or her safety-sensitive function, the covered employee must first take and pass an alcohol test before performing any safety- sensitive function. (3)The Big Blue Bus 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. (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 0.02 or greater regardless of when the alcohol was consumed. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 5 (5)No covered employee shall consume alcohol or any drug within for eight hours following involvement in an accident or until he/she submits to the post-accident drug/alcohol test, whichever occurs first. (6)No covered employee shall perform safety-sensitive job functions within four hours of consuming alcohol. (7)Consistent with the Drug-Free Workplace Act of 1988, all covered employees are prohibited from engaging in unlawful manufacturing, distributing, dispensing, possessing, or using prohibited substances in the workplace, including City premises and vehicles. In addition, covered employees are required to notify the City of any criminal drug conviction for a violation occurring in the workplace within five days after conviction. The appropriate use of certain legally prescribed drugs and non-prescription medication may not be prohibited. It is the employee’s responsibility to inform his/her physician of the employee’s job duties and determine from the physician, or other health care professional, whether the prescribed drug or non-prescription medication may impair the safe and effective performance of job functions, or mental or motor function. The employee shall immediately advise his/her supervisor when the physician, or other health care professional, has indicated that the employee’s safe and effective performance of job functions, or mental or motor function, may be impaired while taking the medication. A prescription is considered valid only if it is legally obtained; in writing; and indicates the employee’s name, date, the name of the substance, quantity or amount to be taken, and the period of authorization. Medication or any controlled substances or drugs obtained illegally outside the United States are not considered valid medical prescriptions under this policy. It is a violation of this policy to use any drug in a manner that is inconsistent with the prescription. If an employee’s drug screen comes back positive due to a prescription drug, it shall be the employee’s responsibility to provide the Medical Review Officer with proof of a valid prescription. IV.COVERED EMPLOYEES This policy applies to (1) every employee whose position is covered by the DOT regulations; requires the possession of a commercial driver’s license (CDL); and involves performing a “safety-sensitive function” as defined herein; and (2) any person applying for such positions. Under the Federal Transit Administration (FTA), you are performing a safety-sensitive function if you perform any of the following: •Operation of a revenue service vehicle, in or out of revenue service. •Operation of a non-revenue vehicle requiring a CDL. •Controlling movement or dispatch of a revenue service vehicle. •Security personnel who carry firearms. •Maintenance (including repairs, overhaul and rebuilding) of a revenue service vehicle or equipment used on revenue service. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 6 Supervisors are considered safety-sensitive only if they perform, or may be called upon to perform any of the above safety-sensitive functions. The City has analyzed actual job duties performed, or may be called upon to be performed, by Big Blue Bus employees and has determined that the following job classifications are considered safety- sensitive for the purposes of this policy. •Motor Coach Operator •Motor Coach Operator Trainee •Motor Coach Operator Supervisor •Transit Operations Dispatcher •Transit Mechanic I •Transit Mechanic II •Transit Mechanic Supervisor •Transit Maintenance Training Coordinator •Transit Maintenance Worker •Senior Transit Maintenance Worker •Motor Coach Cleaner •Transit Quality Assurance Coordinator •LCNG Technician •Transit Training Coordinator •Lead Transit Training Coordinator •Any laborer holding a commercial driver’s license (CDL) Covered employee means a person, including an applicant or transferee, who performs or will perform a safety-sensitive function. This includes any time-period in which a covered employee is “on call” or on a “split shift.” When designated safety-sensitive employees’ are contacted by their supervisor or manager to perform “call-out” emergency duty, they shall not be coerced or otherwise ordered to report for such duty when they inform their supervisor/manager of consumption of alcohol in violation of this policy. Contracted employees, or any other person that stands in the shoes of a Transit employee and performs or will perform a safety-sensitive function, are also considered covered employees. V.TYPES OF TESTING AND REQUIREMENTS Covered employees and applicants are subject to following types of tests: 1.Pre-Employment Testing a)Applicants: A pre-employment drug and alcohol test will be conducted when an applicant is selected to be hired for a position defined in Section IV of this policy. Said individual will not perform covered safety-sensitive functions until he/she passes the pre-employment drug test and the BAC test indicates an alcohol concentration of less than 0.02. b)Current Employees: A pre-employment drug and alcohol test will be conducted when a current employee transfers from a position not covered by this policy into a safety-sensitive City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 7 position covered in this policy. The employee will not perform covered safety-sensitive functions until he/she passes the pre-employment drug test and the BAC test indicates an alcohol concentration of less than 0.02. All safety-sensitive employees who have not performed a safety-sensitive function for 90 or more consecutive calendar days, regardless of the reason, and have been out of the random testing pool during that time period, are subject to and must successfully pass a pre- employment drug and alcohol test before performing any safety-sensitive function. If a pre-employment test is canceled, the applicant will be required to submit to and pass another pre-employment test with verified negative results before performing a safety-sensitive function. In accordance with the revised 49 CFR Part 40, the City must, after written consent, check on the drug and alcohol testing record of an individual seeking to begin performing safety-sensitive duties for the first time (i.e., a new hire, an employee transferring into a safety-sensitive position). If the individual refuses to provide written consent, the City must not permit the individual to perform safety-sensitive functions. In addition, if the individual has had a positive pre-employment drug or alcohol test, or has refused such a test, he or she will not be hired until and unless the individual has provided documentation of successful completion of the return-to- duty process, which includes SAP referral, evaluation and treatment plan. 2.Random Testing a) All covered employees are subject to unannounced testing based on random selection. A covered employee may be randomly tested for prohibited drug use anytime while on duty. An employee shall only be tested for alcohol while the employee is performing, just before the employee is to perform, or just after the employee has performed safety-sensitive functions. b)The annual FTA minimum random testing requirement percentages for drug and alcohol tests on safety-sensitive employees is published annually in the Federal Register, in accordance with 49 CFR § 655.45. c)All persons will be subject to be randomly picked for drug testing at each unannounced random testing date. A person may be randomly picked more than once or not picked at all during the annual period. Employees remain in the random selection pool at all times, regardless of whether or not they have been previously selected for testing. d)The random selection procedure will be a computer-based number generator. Every covered employee will have an equal probability of being selected each time the random selection procedure is performed. e)Random testing will be done on a weekly basis. Testing will be conducted on different days of the week and throughout all hours of the work day during the annual cycle to prevent employees from matching their drug use patterns to the schedule for collection. Selected employees will not be notified until immediately prior to the time that they are required to proceed to the collection site. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 8 f)If an employee is temporarily unavailable, or it is their day off, the name will be held until their next shift within the same testing period. No employee shall be excused because of operational difficulties. g)Random notifications should be conducted as discreetly as possible in order to ensure the confidentially and integrity of the process. h)The testing dates and times are unannounced and employees are required to immediately proceed to the designated collection site following notification. A supervisor or other appropriate personnel will transport and accompany the employee to the collection site. 3.Post-Accident Testing Covered employees shall be tested for alcohol and drugs following an accident pursuant to the following guidelines. The decision to test a covered employee shall be based on the City’s determination. a)Qualifying Accidents for Post-Accident Testing for Public Transportation Vehicle (1)Whenever there is a loss of human life, drug and alcohol testing is mandatory for any surviving covered employee operating the public transportation vehicle at the time of the accident, without any consideration of the employee’s performance as a contributing factor. Each covered employee whose performance could have contributed to the accident as determined by the City using the best information available at the time of the decision, shall also be tested for alcohol and drugs. (2) Whenever there is a non-fatal accident (i.e., not involving the loss of human life) in which a public transportation vehicle is involved, each covered employee operating the vehicle shall be tested for drugs and alcohol unless the employee’s performance can be completely discounted as a contributing factor. In addition, any other covered employee whose performance could have contributed to the accident as determined by the City using the best information available at the time of the decision, shall be tested for drugs and alcohol. b)Timeframe for Testing Employees Following Accident (1)Because certain drugs or drug metabolites do not remain in the body for extended periods of time, testing should be conducted as soon as possible after the accident or occurrence. The employee will be tested for drugs as soon as possible, but no later than 32 hours after the accident. Alcohol tests should be conducted within two hours and must be performed within eight hours. Any employee involved in an accident must refrain from using alcohol for eight hours or until he/she undergoes a post-accident alcohol test. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 9 (2)As soon as practicable following an accident, the City shall test each surviving covered employee for alcohol if that employee’s performance of a covered function either contributed to the accident or cannot be completely discounted as a contributing factor to the accident. If an alcohol test is required, but is not administered within two hours following the accident, the Supervisor shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a required test is not administered within eight hours following the accident, the Supervisor shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. These records shall be made available to FTA upon request. (3)The decision not to administer a test shall be based on the Supervisor’s determination, using the best available information at the time of the determination that the covered employee’s performance can be completely discounted as a contributing factor to the accident. The Supervisor’s justification for his/her decision must be maintained in the file. (4)A covered employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying the on-scene supervisor of his/her location if he/she leaves the scene of the accident prior to submission to such test, may be deemed by the City to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for an injured employee accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. (5)All reasonable steps will be taken to obtain a urine sample for the drug testing from an employee after an accident. In case of a conscious but hospitalized employee, the hospital or medical facility will be requested to obtain a sample and if necessary, reference will be made to the DOT drug testing requirements. If an employee who is subject to post-accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that is a test refusal. c)Process for Obtaining Specimen Collection/Documentation Following Accident (1)Supervisor shall discreetly inform the employee that the employee is required to be tested for drugs and alcohol. (2)The employee will not be allowed to proceed alone to or from the collection site. A Supervisor or other appropriate personnel shall accompany him/her to and from the collection site. (3)FTA regulations stipulate that the results of breath or blood test for the use of alcohol or a urine test for the use of drugs, conducted by Federal, State or local officials having independent authority for the test, shall be considered to meet the requirements of 49 CFR Part 655, provided such tests conform to applicable Federal, State, or local requirements, and that the results of the tests are obtained by the employer. In the event that the City is unable to conduct a FTA post-accident alcohol and/or drug test due to circumstances beyond its control (i.e. employee is unconscious, incarcerated, City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 10 etc.), results from local or state law enforcement officers may be used in lieu of FTA tests if provided results are consistent with state and local law. 4.Reasonable Suspicion Testing a)When there is reasonable suspicion to believe that a covered employee is impaired in any way while on duty or when expected to perform a safety-sensitive duty, the employee will be required to take a test for drugs and/or alcohol. The required observations for alcohol and/or drug testing shall be made by a Supervisor/Manager or City official who is trained in detecting the signs and symptoms of drug use or alcohol misuse. The Supervisor/Manager will complete the Reasonable Suspicion Record of Decision Form (Attachment C) and document the circumstances and observations that support the determination to conduct a reasonable suspicion test. A reasonable suspicion test for alcohol is authorized only just before, during, or just after the employee’s performance of safety-sensitive duties. b)If an alcohol test is required, but is not administered within two hours following the observations triggering the request for the test, the Supervisor/Manager shall prepare and maintain on file a written record stating the reasons the test was not promptly administered. If a required test is not administered within eight hours following the request, the Supervisor/Manager shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. These records shall be completed by the employee’s supervisor and forwarded to the DOT Program Manager for inclusion in the drug and alcohol files. These records shall also be made available to FTA upon request. c)If a drug test is required, but not administered within 32 hours following the observations triggering the request for the test, the Supervisor/Manager shall cease attempts to administer a drug test and shall state in the record the reasons for not administering the test. These records shall be completed by the employee’s supervisor and forwarded to the DOT Program Manager for inclusion in the drug and alcohol files. These records shall also be made available to FTA upon request. d)Process for Obtaining Specimen Collection/Documentation 1)The Supervisor/Manager shall discreetly inform the covered employee that there is reasonable suspicion to believe that the employee is using or under the influence of a drug or alcohol while on duty. The Supervisor/Manager will also inform the employee that the employee will be accompanied by the Supervisor/Manager or other appropriate personnel to the specimen collection site to provide a urine/breath specimen, and that the consequence of refusal to submit to testing is equivalent to having a positive test result. 2)A Supervisor/Manager or other appropriate personnel shall accompany the employee to and from the collection site. The employee may have a representative accompany him/her to the collection site if he/she desires. However, there will be no unreasonable delay in proceeding to the collection site (i.e., waiting for employee City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 11 representative to arrive before proceeding to collection site), and conducting the drug and/or alcohol analysis. 3)After returning from the collection site, the employee shall not be allowed to perform covered functions pending the results of the drug and/or alcohol test. The employee shall not be allowed to operate any public transportation vehicle, City vehicle or equipment due to the reasonable suspicion that the employee may be using or under the influence of drugs or alcohol while on duty. e)No employee shall report for duty or remain on duty while the employee is under the influence of or impaired by alcohol or drugs. Nor shall the City permit the employee to perform or continue to perform safety-sensitive functions until: 1) negative drug test results are reported; and/or 2) an alcohol test is administered and the driver’s breath alcohol concentration measures less than 0.02; or 3) eight hours have elapsed following the determination that there was a reasonable suspicion to believe that the employee had violated the alcohol prohibitions under this policy. f)Under City policy, evidence of alcohol or illegal drug use, sale or delivery shall be considered a basis for reasonable suspicion testing, as well as behaviors which may result in flagrant violations of established safety, security, or other operating procedures, altercations with others, or erratic or violent behavior. If an employee refuses to submit to a drug/alcohol test, such refusal to submit to testing is equivalent to having a positive test result, and the employee may be subject to disciplinary action, up to and including termination of employment with the City. Supervisors and Managers are required by City policy to notify the appropriate law enforcement agency when they have reason to believe that an employee may have illegal drugs in his or her possession or control. 5.Return-to-Duty Testing Before a covered employee may return to work and begin performing safety-sensitive functions after engaging in prohibited conduct under this policy (i.e., a verified positive drug test, an alcohol test result of .04 or above, or refusal to test), the employee must: (1)Have been referred to a Substance Abuse Professional (SAP) for treatment and subsequently recommended by the SAP for return to duty; and (2)Undergo a return-to-duty drug test that results in a verified negative test result; and/or (3)Undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02. 6.Follow-up Testing a)An employee who is referred to a substance abuse professional (SAP) pursuant to this policy shall be subject to unannounced follow-up alcohol and/or drug testing as directed by the SAP. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 12 b)A minimum of six unannounced, follow-up tests must be administered within the first 12 months after the employee has returned to duty. The SAP can direct additional testing during this period or for an additional period up to a maximum of 60 months from the date that the employee returned to duty. The SAP may modify the requirement for the follow-up testing in excess of the minimum at any time, if the SAP determines that the testing is no longer necessary. c)Follow-up testing for drugs or alcohol may be conducted anytime the covered employee is on duty. d)An employee who is undergoing follow-up testing shall remain in the random pool and be randomly rested if his/her number is selected. 7.Annual/Periodic Physicals It is City policy to conduct a drug and alcohol test as part of the periodic physical exam undergone by each safety-sensitive employee, and the following conditions apply: a)Depending upon the employee’s prior drug and alcohol testing record, a positive drug or alcohol test may result in disciplinary action, up to and including termination. b)An employee who tests positive for one or more of the drugs listed in Section VI (Testing Procedures) shall be given the opportunity to discuss the test result with the Medical Review Officer. c)If the drug and/or alcohol test result is deemed positive, the employee will be referred to the City’s Employee Assistance Program (EAP) for evaluation by the Substance Abuse Professional (SAP). The City will provide further EAP services only if the employee is not subject to termination. VI.TESTING PROCEDURES Analytical urine drug testing and breath testing for alcohol may be conducted pursuant to this policy or as required by law. Drug tests can be performed any time an employee is on duty. An alcohol test can be performed when the employee is actually performing a safety-sensitive duty, just before, or just after the performance of a safety-sensitive duty. Testing shall be conducted in a manner to ensure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities that have been approved by the U.S. Department of Health and Human Services (DHHS). All DOT-required testing will be conducted in accordance with the procedures set forth in 49 CFR Part 40. The procedures will be performed in a private, confidential manner and every effort will be made to protect the employee, the integrity of the testing procedure, and the validity of the test result. Upon notification that a drug test is required, an employee will report immediately after notification to the drug collection site and provide a specimen of his/her urine. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 13 Drug Tests: The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines including ecstasy (MDMA), and phencyclidine (PCP). Urine specimens will be collected using the split specimen collection method described in 49 CFR Part 40. 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. Any non-Federal testing under City authority will be on non-Federal forms. An initial drug screen will be conducted on the primary specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) or Liquid Chromatography/Mass Spectrometry (LC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40. The current cut-off limits expressed in nanograms per milliliter (ng/ml) are as follows: Drug or Metabolite Initial Test Level Confirmation Test Level Marijuana Metabolites a.THC 50 ng/ml 15 ng/ml Cocaine Metabolites (Benzoylecgonine) 150 ng/ml 100 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Amphetamines a.Amphetamine b. Methamphetamine c.MDMA (Ecstasy) d.MDA (Ecstasy) e.MDEA (Ecstasy) 500 ng/ml 500 ng/ml 500 ng/ml 500 ng/ml 500 ng/ml 250 ng/ml 250 ng/ml (specimen must also contain amphetamine at a concentration ≥ 100 ng/ml) 250 ng/ml 250 ng/ml 250 ng/ml Opiate Metabolites a.Codeine b. Morphine c.6 acetylmorphine d.Hydrocodone e.Oxycodone f.Hydromorphone g.Oxymorphone 2000 ng/ml 2000 ng/ml 10 ng/ml 300 ng/ml 100 ng/ml 100 ng/ml 100 ng/ml 2000 ng/ml 2000 ng/ml 10 ng/ml 100 ng/ml 100 ng/ml 100 ng/ml 100 ng/ml The test results from the laboratory will be reported to a Medical Review Officer (MRO). The MRO will review the test results to determine whether there is a legitimate medical explanation for a confirmed positive, adulterated, substituted or invalid test result. The MRO will contact the employee, notify the employee of the non-negative laboratory result, and provide the employee with an opportunity to explain the confirmed test result. If there is contact with the employee and the employee provides medical information to explain the test result, the MRO will subsequently review the employee’s relevant medical history/medical records to determine whether there is a legitimate medical explanation for the confirmed laboratory result. If no legitimate medical explanation is found, the test will be verified positive, adulterated, substituted or invalid, and City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 14 reported to the Program Manager. If a legitimate explanation is found, the MRO will report the test result as negative. The split specimen will be stored at the initial laboratory until the analysis of the primary specimen is completed. If the primary specimen is negative, the split will be discarded. If the primary is non- negative, the split will be retained for testing if so requested by the employee through the Medical Review Officer. If the split test confirms the initial test results, the City may seek reimbursement for the cost of the test from the employee. In instances where the employee produces a dilute specimen, he or she must undergo a second 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. Alcohol Tests: Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved testing device operated by a trained technician. If 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 will be performed using a NHTSA- approved evidential breath testing device (EBT) operated by a trained Breath Alcohol Technician (BAT). The EBT will identify 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 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. Under the FTA rule, an employee who has confirmed breath alcohol concentration of 0.02 or greater but less than 0.04 will be removed from his/her position for eight hours, or until a retest results in a concentration measure of less than 0.02. Employees with a BAC of 0.04 or greater will be removed from a covered function and referred to the SAP for evaluation. Observed collections are required in the following circumstances: •All return-to-duty tests; •All follow-up tests; •Anytime the employee is directed to provide another specimen because the temperature on the original specimen was out of the accepted temperature range of 90°F - 100°F; •Anytime the employee is directed to provide another specimen because the original specimen appeared to have been tampered with; •Anytime a collector observes employee conduct that clearly indicates an attempt to tamper with a specimen; •Anytime the employee is directed to provide another specimen because the laboratory reported to the MRO that the original specimen was invalid and the MRO determined that there was not an adequate medical explanation for the result (example: super dilute); •Anytime the employee is directed to provide another specimen because the MRO determined that the original specimen was positive, adulterated, or substituted, but had to be cancelled because the test of the split specimen could not be performed. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 15 The observer shall be the same gender as the employee. The collector need not be the same gender as the employee. The observer is responsible for ensuring that the specimen goes from the employee’s body into the collection container. VII.REFUSALS TO TEST AND UNCOMPLETED TESTS Compliance with this policy and specifically the drug/alcohol testing procedures is a condition of employment. Refusal to take a required drug/alcohol test or failure of a drug/alcohol test shall result in removal from performing covered functions. Behavior that constitutes a refusal to test is treated equivalent to a positive test. A.You have refused to take a test if you: •Fail to appear for any test (except a pre-employment test) at the collection site within a reasonable time; •Fail to provide a breath or urine sample without a valid medical reason (confirmed by a physician); •Fail to provide sufficient volume without a valid medical explanation; •Leave the scene of an accident without just cause prior to submitting to a test; •Fail to permit the observation or monitoring of specimen collection when it is required; •Fail to take a second test when required; •Fail to undergo a medical examination when required by the MRO or Designated Employer Representative (DER); •Fail to cooperate with any part of the testing process; •Fail to sign the alcohol test form, “Notification of Required Testing”; •Fail to remain at the test site until the testing process is completed and a specimen is provided; •Provide an adulterated/substituted sample; •Fail to follow the observer’s instructions during an observed collection including instructions to: raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process; •Possess or wear a prosthetic or other device that could be used to interfere with the collection process; •Admit to the collector or MRO that you adulterated or substituted the specimen. B.Shy Bladder If an employee is unable to provide at least 45 milliliters of urine collection site personnel shall urge the individual to drink not more than 40 ounces of fluid and, distributed reasonably within a three-hour time period, or until the individual has provided sufficient urine specimen, whichever comes first. If the employee is still not able to give an adequate sample within three hours of the initial attempt, the City, after consultation with the MRO, shall refer the individual for a medical evaluation within five business days to determine if the individual’s inability to provide a sample is due to a genuine medical condition or constitutes a refusal to test. An employee’s refusal to be examined by a physician shall be regarded as a refusal to a test. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 16 VIII.CONSEQUENCES OF ENGAGING IN PROHIBITED BEHAVIOR A.Pre-Employment Test 1)Applicants: An applicant who refuses or fails a pre-employment drug or alcohol test will not be hired for any covered position. The applicant will be referred to the City’s EAP for SAP consultation (at the individual’s expense). 2)Current Employees: An employee who refuses or fails a pre-employment drug or alcohol test will not be eligible for assignment to a covered position. B.Random, Reasonable Suspicion, Post-Accident, and Periodic Physical Tests An employee who refuses or fails the drug/alcohol test will be immediately removed from his/her safety-sensitive position, and referred to the City’s EAP for evaluation by a SAP or substance abuse counselor, as appropriate. The employee will be removed from his/her safety-sensitive position until the City receives written documentation from the SAP or substance abuse counselor that the employee has successfully completed a referral, evaluation and treatment plan meeting DOT requirements and passed a return-to-work drug/alcohol test. In addition, the employee may be subject to disciplinary action, up to and including termination. C.Alcohol Concentration Levels Between 0.02 and 0.39 percent An employee whose alcohol test indicates an alcohol concentration level between 0.02 and 0.039 will be removed from his/her job duties for at least eight hours for FTA-covered employees, and at least 24 hours for FMSCA-covered employees. The employee may be subject to progressive discipline for occurrences between 0.02 and 0.039. The supervisor/manager shall arrange to have an employee transported home safely if that employee tests positive for alcohol at 0.02 percent or greater. IX.ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION Employees may be subject to disciplinary action, up to and including termination, for violating this policy and/or the following prohibited conduct: A.Drinking alcohol while on duty or in uniform Employees are prohibited from drinking alcohol at any time while in uniform, on duty or in City vehicles. B.Sale, purchase, transfer or possession with intent to Deliver City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 17 Employees are prohibited from engaging in the sale or attempted sale, purchase, transfer or possession with intent to deliver illegal drugs and unauthorized substances while on City premises, in City vehicles, or on City business. In addition, law enforcement authorities will be notified. C.Simple possession or use Employees are prohibited from possessing or using illegal drugs or unauthorized substances while in uniform, on duty, on City premises, or in City vehicles. In addition, law enforcement will be notified. D.Providing false information or attempting to contaminate or alter a urine specimen Such conduct is considered a test refusal and the equivalent of a positive test. E.Refusal or failure to comply with treatment recommendations X.EVALUATION / REHABILITATION The Substance Abuse Professional (SAP) must meet the DOT qualification requirements, including having one of the following credentials: licensed physician (medical doctor or doctor of osteopathy); licensed or certified psychologist; licensed or certified social worker; licensed or certified employee assistance professional; state-licensed or certified marriage and family therapist; or a drug and alcohol counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission, the International Certification Reciprocity Consortium/Alcohol and other Drug Abuse, or by the National Board for Certified Counselors, Inc., and Affiliates/Master Addictions Counselor. The SAP will perform responsibilities and retain confidential records as required by 49 CFR Part 40. An employee who fails a drug and/or alcohol test, or refuses to be tested will be referred to a Substance Abuse Professional who shall determine what assistance the employee needs in resolving problems associated with alcohol misuse or drug use. Applicants not hired or employees who have been terminated as a result of a violation of this policy shall also be referred to the SAP. Each employee identified as needing assistance in resolving problems associated with alcohol misuse or drug use shall be evaluated by a Substance Abuse Professional to determine that the employee has properly followed any rehabilitation program and shall be subject to unannounced follow-up alcohol and drug tests. Return to work following an SAP referral will require a follow-up test as scheduled by the SAP for a time period not to exceed 60 months. The City offers SAP services through its comprehensive Employee Assistance Program (EAP) available through Holman Professional Counseling Centers at (800) 321-2843. The employee may arrange for assistance either directly with the EAP provider, through the department staff, or through the bargaining unit representative. The City provides the EAP at very little, if any, cost to employees. Former employees (not currently employed) are not eligible for City financial support of their EAP treatment program. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 18 Employees needing help in dealing with drug or alcohol problems are encouraged to use the City’s EAP or health insurance plans, as appropriate. Conscientious and voluntary efforts made by the employee, and not required under this policy, to seek such help will not be noted in his or her personnel file. Being directed to attend a program, as required by this policy, is not considered a conscientious or voluntary effort on the part of the employee. Employees may enter the EAP in one of the following ways: 1)Voluntary participation; 2)Referral by his/her bargaining unit; or 3)Mandated by the City for violation of this policy, unless that violation leads to termination of employment with the City. Any employee who believes that he or she has a drug or alcohol abuse problem may voluntarily request assistance from the City by contacting his or her Supervisor, Manager or the Human Resources Department. The following conditions and procedures apply to an employee’s requests: •The Supervisor, Manager or the Human Resources Department, when informed by the employee of a substance abuse problem, will refer the employee to a substance abuse counselor through the EAP. •The City may allow the employee to take a leave of absence and to charge accrued vacation leave, or if vacation is unavailable, other leave credits (e.g. sick leave) while the employee participates in rehabilitation or treatment program. If no leave credits are available to the employee, he or she may, if necessary, be placed on a leave of absence without pay for the period of the rehabilitation or treatment. •In order to return to active service, the employee must agree to undertake and to successfully complete a course of treatment as deemed appropriate by the substance abuse counselor. •After successful completion of the rehabilitation or treatment program, the employee will return to active service. Return to service also may occur earlier when the City is satisfied that the employee continues successful participation in a recommended program. Such return is contingent on the City receiving satisfactory documentation of compliance from a treating agency and from the substance abuse counselor; and the completion of a return-to-work medical examination, including federally-required drug and alcohol tests. •Unannounced non-DOT follow-up drug and alcohol testing may be required 60 months after completion of the rehabilitation or treatment program. The frequency and duration will be based on the recommendation of the substance abuse counselor. Any follow-up positive test or test refusal may result in disciplinary action, up to and including termination. If the employee is being referred to the EAP by his or her employee bargaining unit, the employee must notify his or her Supervisor or Manager. The same conditions and procedures outlined above will also apply to referrals made by the employee’s bargaining unit. If the employee’s participation in the EAP is mandated as a result of a violation of this policy, the Human Resource Department will work with the employee to contact the EAP and schedule the employee’s initial EAP session. This initial session will involve an assessment by the SAP of the substance abuse problem, with a determination being made as to the recommended course of rehabilitation, treatment or education. The same procedures and conditions outlined above for a City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 19 voluntary referral will apply. In addition, the Human Resources Department will receive progress reports from the substance abuse counselor regarding the employee’s progress in his or her rehabilitation or treatment program. XI.RETURN-TO-WORK A.After Mandatory Referral An employee wishing to return to work after a mandatory referral to a Substance Abuse Professional (SAP) must agree to the terms of a Return-to-Work Agreement which shall be established by the City. That Agreement may include, but is not limited to, the following: 1)A release to work statement from an approved treatment specialist and the SAP. 2)A plan, designed by the SAP, setting out after-care and follow-up treatment procedures through the SAP and the EAP. 3)A review and release for work from the City’s Medical Review Officer (MRO). 4)A negative return-to-work test for drugs and/or alcohol. 5)Consent to submit to continued follow-up periodic drug and/or alcohol testing as established by the SAP. 6)A statement of expected work-related behaviors. 7)Signed acknowledgement by employee that violation of the agreement will be grounds for termination. Failure to successfully complete a treatment program and comply with the return-to-work agreement, and pass a drug and/or alcohol tests after return-to-work, may be grounds for termination. B.After Self-Referral Employees self-referring to a substance abuse treatment program with the prior knowledge of their Supervisor or Manager, and who utilize City benefits, must agree to a return-to-work agreement, which will include: 1)A release to work statement from an approved treatment specialist. 2)An evaluation from the substance abuse counselor. XII.MEDICAL REVIEW OFFICER (MRO) A.The MRO must be a licensed physician or doctor of osteopathy who meets the qualification requirements of the DOT regulations. The MRO is responsible for receiving laboratory results generated by the drug testing program, has knowledge of substance abuse disorders, and has approved medical training to interpret and evaluate an individual’s confirmed positive test result together with his/her medical history and any other relevant biomedical information. B.The MRO will perform responsibilities, perform notifications, and retain confidential records as required by 49 CFR Part 40. XIII.TESTING LABORATORY City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 20 The City shall use a drug testing laboratory certified under DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs. The testing laboratory will comply with all methods and procedures of 49 CFR Part 40. The laboratory shall have a qualified individual to assume professional, organizational, educational, and administrative responsibility for the laboratory’s urine drug testing facility. XIV.EMPLOYEE/SUPERVISOR TRAINING The education and ongoing awareness component of this policy includes display of posters, distribution to all employees of the drug and alcohol policy and other informational materials, and periodic information seminars. The City provides to all safety-sensitive employees a minimum of 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety and the work environment, and on the signs and symptoms that may indicate prohibited drug use. A.Every covered employee will receive the following drug use/alcohol misuse education: 1.Drug/alcohol information will be periodically distributed and displayed in the work areas. 2.Copies of this policy will be displayed in the work area. This information will be discussed at the time that it is handed out so that the employees understand its content. Every new employee receives a copy of the entire policy. 3.The hot line telephone number for Employee Assistance Program is (800) 321-2843, 24 hours per day, seven days a week. B.Supervisors will receive 60 minutes of reasonable 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 prohibited drug and alcohol use while on duty. XV.RECORDKEEPING 1.A.The City shall maintain the following records as required by applicable law and regulations. The records shall be maintained in a secure location with controlled access. The following records shall be maintained for five years: a)Records of employee alcohol test results that indicate an alcohol concentration of 0.02 or greater; b)Records of verified positive drug test results and refusals; c)Documentation of refusals to take required alcohol and/or drug tests (including substituted or adulterated drug test results; d)Employee SAP evaluation and referrals, SAP reports, follow-up tests, and scheduled for follow-up tests; and e)Annual Management Information System (MIS) reports summary. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 21 2.Information obtained for employees from previous employers under 49 CFR 40.25 concerning drug and alcohol test information shall be maintained for three years due to triennial audit. 3.The following records shall be maintained for two years: a)Records related to the drug collection process; b)Records related to the inspection, maintenance, and calibration of evidential breath testing (EBT) devices; and c)Education and training records. 4.Records of negative and canceled drug test results and alcohol test results with a concentration of less than 0.02 shall be maintained for one year. B.Access to Facilities and Records 1.Except as required by law or expressly authorized or required by DOT, the City shall not release covered employee information that is contained in the records required to be maintained. 2.A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee’s use of drugs or misuse of alcohol, including any records pertaining to his or her drug or alcohol tests. The City shall promptly provide the records requested by the employee. Access to employee’s records shall not be contingent upon payment for records other than those specifically requested. 3.For covered employees who seek to perform safety-sensitive functions, the City is required to obtain from the employee’s previous DOT-covered employers who employed the employee during any period during the preceding two years, pursuant to an employee’s consent, information on the employee’s alcohol tests with a concentration result of 0.04 or greater, positive drug test results, refusals to be tested, other violations of DOT agency drug and alcohol testing regulations, and documentation of the employee’s successful completion of DOT return-to-duty requirements. If it is not feasible to obtain the information prior to the driver performing safety-sensitive functions: a)this information shall be obtained and reviewed by the City as soon as possible. The City shall not permit the employee to perform safety-sensitive functions after 30 days from the date on which the employee first performed safety-sensitive functions, unless it has obtained or made and documented a good faith effort to obtain this information. b)If the employee stops performing safety-sensitive functions for the City before the expiration of the 30-day period or before the City has obtained the required information, the City must still obtain the information. c)The City must provide to each of the employee’s DOT-covered employers within the two preceding years the employee’s specific, written authorization for release of the information. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 22 d)The release of any information may take the form of personal interviews, telephone interviews, letters, or any other method of obtaining information that ensures confidentiality. The City shall maintain a written, confidential record with respect to each past employer contacted. e) The covered employee may not perform safety-sensitive functions if the City obtains information on the employee’s alcohol test with a BAC of 0.04 or greater; verified positive drug test result; or the employee’s refusal to be tested; unless and until the City obtains information on a subsequent substance abuse professional evaluation and/or determination under 49 CFR Part 40 §40.25. XVI.CONTRACTORS HIRED BY THE CITY A.Contractors hired by the City that fall under 49 CFR Part 655 are required to submit a copy of their Anti-Drug/Alcohol Misuse Program and may also be required to submit quarterly reports that state: Number of employees tested, Type of test, Number of positive drug tests and resulting action; and Number of alcohol tests that indicated a BAC of 0.02 or greater, but less than 0.039 and resulting action for that period. The Contractor shall make clear the job titles of employees who will perform any work or functions covered by Part 655 under said contract. Names may also be included if clarification is necessary. Failure to submit an Anti-Drug/Alcohol Misuse Program that complies with Part 655 and Part 40 may result in the rejection of offerer’s bid. Failure to submit quarterly reports or annual MIS reports may result in a default of contract as stated in the project’s specifications and contract documents. B.The Contractor shall allow access to property and records to a City representative, the FTA or any DOT agency with regulatory authority over the operator for the purpose of monitoring the operator’s compliance with the requirements of 49 CFR Parts 40 and 655. XVII. CONFIDENTIALITY A.Each individual’s record of testing and results under this policy will be maintained private and confidential to the extent authorized by law and DOT regulations. Except as provided by law or expressly authorized by DOT regulations, the results of individual drug/alcohol tests will not be released to anyone without the specific, written consent of the individual authorizing release of the information to an identified person. Prior to testing, the individual will be informed about who will receive test data (e.g., testing laboratory, MRO, Program Manager, Supervisor). B.All written records will be stored in locked containers or in a secure location with access available only by the Program Manager or his/her designee, and the DOT upon request. C.Drug and alcohol testing and/or rehabilitation records shall only be released to subsequent DOT-covered employers upon written consent from the covered employee. Then only the specific information requested by the employee shall be released. XVIII.GLOSSARY OF ACRONYMS BAC - Breath Alcohol Concentration City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 23 BAT -Breath Alcohol Technician CCF -Custody and Control Form CFR -Code of Federal Regulations CPL -Conforming Products List DAPM -Drug & Alcohol Program Manager DER -Designated Employer Representative DHHS -Department of Health and Human Services DOT -Department of Transportation EAP -Employee Assistance Program EBT -Evidential Breath Testing (Device) FMCSA - Federal Motor Carrier Safety Administration FTA -Federal Transit Administration GC/MS - Gas Chromatography/Mass Spectrometry LC/MS - Liquid Chromatography/Mass Spectrometry MIS -Management Information System MRO -Medical Review Officer NHTSA - National Highway Traffic Safety Association NTSB -National Transportation Safety Board QAP -Quality Assurance Plans (for EBTs) SAP -Substance Abuse Professional XIX.TERMS AND DEFINITIONS Accident – An occurrence associated with the operation of a vehicle, if as a result: (1) an individual dies; or (2) an individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or (3) with respect to an occurrence in which the mass transit vehicle involved is a bus, electric bus, van, or automobile, one or more vehicles (including non-FTA funded vehicles) incurs disabling damage as the result of the occurrence and such vehicle or vehicles are transported away from the scene by a tow truck or other vehicle; or (4) with respect to an occurrence in which the public transportation vehicle involved is a rail car, trolley car, trolley bus, or vessel, the public transportation vehicle is removed from operation.. (49 CFR §655.4.) Air Blank – A reading by an EBT of ambient air containing no alcohol. Alcohol Concentration – The alcohol in a volume breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath testing device. Alcohol Use – The consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Blind Sample or Blind Performance Test – A urine specimen submitted to a laboratory for quality control testing purposes, with fictitious identifier, so that the laboratory cannot distinguish it from employee specimens, and which is spiked with known quantities of specific drugs or which is blank, containing no drugs. Breath Alcohol Technician – An individual who instructs and assists individuals in the alcohol testing process and operates an EBT. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 24 Canceled or Invalid Test – In drug or alcohol testing, a test that has a problem identified that cannot be or has not been corrected, or which is required to be cancelled. Chain of Custody – Procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. These procedures shall require that an appropriate drug testing custody form from a Department of Health & Human Services (DHHS) certified laboratory be used from time of collection to receipt by the laboratory. Collection Site – A place designated by the employer where individuals present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs. Confirmation Test – For alcohol testing means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing it means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Contractor – A person or organization that provides a service for a recipient, sub-recipient, employer, or operator consistent with a specific understanding or arrangement. Covered Function (Safety-Sensitive) – means (a) operating a revenue service vehicle, including when not in service (FTA); (b) operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial Driver’s License; (c) controlling dispatch or movement of a revenue service vehicle; (d) maintaining a revenue service vehicle or equipment used in revenue service, unless the recipient receives sections 18 funding and contracts out such services; (e) carrying a firearm for security purposes. Dilute Specimen – A specimen with creatinine and specific gravity values that are lower than expected for human urine. Drug Metabolite – The specific substance produced when the human body metabolizes a given drug as it passes through the body and is excreted in the urine. Employee Assistance Program (EAP) – A program provided to assist employees in identifying and resolving personal concerns, including drug or alcohol dependency. Rehabilitation and re-entry to the work force are usually arranged through an EAP. Evidential Breath Testing Device (EBT) – an EBT approved by the National Highway Traffic Safety Administration (NHTSA) for evidential testing of breath and placed on NHTSA’s conforming products list of evidential breath measurement devices (CPL), and identified on the CPL as confirming with the model specifications available from the National Highway Traffic Safety Administration, Office of Alcohol and State Programs. Medical Review Officer (MRO) – A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program and 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 or her medical history and any other relevant biomedical information. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 25 Post-Accident Test – a drug and alcohol test administered to a covered employee following an accident. Pre-Employment Test – a drug and alcohol test administered to an applicant or covered employee who is being considered for a safety-sensitive position. Random Test – an unannounced drug or alcohol test of covered employees based on random selection. Refuse to Submit or Test – failure by a covered employee to comply with the drug and/or alcohol testing process, and such refusal to submit to testing is equivalent to having a positive test. Return-to-Duty Test – an initial drug or alcohol test prior to return-to-duty and additional unannounced drug tests (i.e., follow-up tests) given to covered employees who are returning to safety-sensitive positions. Split Specimen – a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result. Substance Abuse Professional (SAP) – a person who evaluates employees who have violated DOT drug and alcohol regulation and makes recommendation concerning education, treatment, and follow-up testing and aftercare. Verified Positive (drug test result) – a drug test result reviewed by a Medical Review Officer and determined to have evidence of prohibited drug use. XX.EMPLOYEE INFORMATION ON THE EFFECTS OF ALCOHOL MISUSE/DRUG USE A.Effects of alcohol and drugs on a person’s health, work, and personal life include, but are not limited to: disruption of sleep; changes in eating patterns, commonly not eating as much; weight loss; mood swings; depression; increased physical ailments (e.g., headaches, colds, stomach problems); decreased motivation; withdrawal from family and friends; quicker to anger; neglects obligations and is not as attentive; does not handle stress well; changes friends; and excuses uses of drugs/alcohol. B.Signs and symptoms of drug use or alcohol misuse which could affect work performance include, but are not limited to: reporting to work late; calling in sick often; unauthorized absences; smell of alcohol on a person; taking long or frequent breaks; change in personality – more angry or less friendly; decreased motivation; an “I don’t care” attitude; thinking and concentration not as sharp; more prone to accidents; forgetfulness; less attentive to appearance; appearing tired; sleeping on the job. For additional information, see Attachment A – Drug and Alcohol Fact Sheets. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 26 Alcohol Fact Sheet Alcohol is a socially acceptable, legal substance that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for employment and relaxation during social gatherings. However, when consumed primarily for its physical and mood- altering effects, alcohol can be a substance of abuse. As a depressant, it slows down physical responses and progressively impairs mental functions. Signs and Symptoms of Use •Dulled mental processes •Lack of coordination •Odor of alcohol on breath •Possible constricted pupils •Sleepy or stuporous condition •Slowed reaction rate •Slurred speech (Note: except for the odor, these are general signs and symptoms of any depressant substance) Health Effects The chronic consumption of alcohol (average of three servings per day of beer [12 ounces per serving], whiskey [1 ounce per serving], or wine [6 ounces per serving]) over time may result in the following health hazards: •Decreased sexual functioning •Dependency (up to 10 percent of all people who drink alcohol become physically and/or mentally dependent on alcohol and can be termed “alcoholic”) •Fatal liver diseases including cirrhosis and fibrosis •Heart diseases such as cardiomyopathy, arrhythmias, high blood pressure, and stroke •Cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant melanoma •Kidney disease •Pancreatitis •Spontaneous abortion and neonatal mortality •Ulcers •Birth defects (up to 54 percent of all birth defects are alcohol related) •Immune system suppression leading to pneumonia and tuberculosis •Mental health problems, including depression and anxiety Social Issues •Two-thirds of all homicides are committed by people who drink prior to the crime. •Two to three percent of the driving population is legally drunk at one time. This rate is doubled at night and on weekends. •Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during their lifetimes. •The rate of separation and divorce in families with alcohol dependency problems is seven times the average. •Forty percent of family court cases are alcohol problem related. Attachment A City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 27 •Alcoholics are 15 times more likely to commit suicide than other segments of the population. •More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and 76 percent of private aircraft accidents are alcohol related. The Annual Toll •10,000 will die in alcohol-impaired driving crashes •90,000 will die due to alcohol-related health issues Workplace Issues •It takes one hour for the average person (weighing 150 pounds) to process one serving of an alcoholic beverage from the body. •Impairment in coordination and judgment can be objectively measured with as little as two drinks in the body. •A person who is legally intoxicated is six times more likely to have an accident than a sober person. Amphetamine Fact Sheet Amphetamines are central nervous system stimulants that speed up the mind and body. The physical sense of energy at lower doses and the mental exhilaration at higher doses are the reason for their abuse. Although widely prescribed at one time for weight reduction and mood elevation, the legal use of amphetamines is now limited to a very narrow range of medical conditions. Most amphetamines that are abused are illegally manufactured in foreign countries and smuggled into the U.S. or clandestinely manufactured in crude laboratories. Description •Amphetamine is sold in counterfeit capsules or as white, flat, doubled-scored “minibennies.” It is usually taken by mouth. •Methamphetamine is often sold as a creamy white and granular powder or in lumps and is packaged in aluminum foil wraps or sealable plastic bags. Methamphetamine may be taken orally, injected, or snorted into the nose. •Trade/street names include Biphetamine, Delcobese, Desotyn, Detedrine, Chetrol, Ritalin, Speed, Meth, Crank, Crystal, Monster, Black Beauties, Rits and Ecstasy. Signs and Symptoms of Use •Hyperexcitability, restlessness •Dilated pupils •Increased heart rate and blood pressure •Heart palpitations and irregular beats •Profuse sweating •Rapid respiration •Confusion •Panic •Talkativeness and incoherence •Inability to concentrate •Heightened aggressive behavior City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 28 Health Effects •Regular use produces strong psychological dependence and increasing tolerance to drug. •High doses may cause toxic psychosis resembling schizophrenia. •Intoxication may induce a heart attack or stroke due to spiking of blood pressure. •Chronic use may cause heart and brain damage due to severe constriction of capillary blood vessels. •Long-term use can cause anxiety, confusion, paranoia, hallucinations, delusions, and severe dental problems. •The euphoric stimulation increases impulsive and risk-taking behaviors, including bizarre and violent acts. •Withdrawal from the drug may result in severe physical symptoms such as fatigue, insomnia, psychomotor agitation, anxiety, and mental depression. Workplace Issues •Since amphetamines alleviate the sensation of fatigue, they may be abused to increase alertness because of failure to get rest. •Low-dose amphetamine use will cause a short-term improvement in mental and physical functioning. With greater use or increasing fatigue, the effect reverses and has an impairing effect. Hangover effect is characterized by physical fatigue and depression, which may make operation of equipment or vehicles dangerous. Cocaine Fact Sheet Cocaine is used medically as a local anesthetic. It is abused as a powerful physical and mental stimulant. The entire central nervous system is energized. Muscles are more tense, the heart beats faster and stronger, and the body burns more energy. The brain experiences an exhilaration caused by a large release of neurohormones associated with mood elevation. Description •The source of cocaine is the coca bush, grown almost exclusively in the mountainous regions of northern and central South America. •Cocaine Hydrochloride – “snorting coke” is a white to creamy granular or lumpy powder that is chopped into a fine powder before use. It is snorted into the nose, rubbed on the gums, or injected in veins. The effect is felt within minutes and lasts 40-50 minutes per “line” (about 60 to 90 milligrams). Common paraphernalia include a single-edged razor blade and small mirror or piece of smooth metal, a half straw or metal tube, and a small screw cap vial or folded paper packet containing the cocaine. •Cocaine Base – a small crystalline rock about the size of small pebble. It boils at a low temperature, is not soluble in water, and is up to 90 percent pure. It is heated in a glass pipe and the vapor is inhaled. The effect is felt within seven seconds. Common paraphernalia includes a “crack pipe” (a small glass smoking device for vaporizing the crack crystal) and a lighter, alcohol lamp, or small butane torch for heating. •Trade/street names include: Coke, Rock, Crack, Free Base, Flake, Snow, Smoke, and Blow. Signs and Symptoms of Use • Financial problems City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 29 • Frequent and extended absences from meetings or work assignment • Increased physical activity and fatigue • Isolation and withdrawal from friends and normal activities • Secretive behaviors, frequent nonbusiness visitors, delivered packages, phone calls • Unusual defensiveness, anxiety, agitation • Wide mood swings • Runny or irritated nose • Difficulty in concentration • Dilated pupils and visual impairment • Restlessness • Formication (sensation of insects crawling on skin) • High blood pressure, heart palpitations, and irregular rhythm • Hallucinations • Hyperexcitability and overreaction to stimulus • Insomnia • Paranoia and hallucinations • Profuse sweating and dry mouth • Talkativeness Health Effects •Research suggests that regular cocaine use may upset the chemical balance of the brain. As a result, it may speed up the aging process by causing irreparable damage to critical nerve cells. The onset of nervous system illnesses such as Parkinson’s disease could also occur. •Cocaine use causes the heart to beat faster and harder and rapidly increases blood pressure. In addition, cocaine causes spasms of blood vessels in the brain and heart. Both effects lead to ruptured vessels causing strokes or heart attacks. •Strong psychological dependency can occur with one “hit” of crack. Usually, mental dependency occurs within days (crack) or within several months (snorting coke). Cocaine causes the strongest mental dependency of any known drug. •Treatment success rates are lower than for other chemical dependencies. •Cocaine is extremely dangerous when taken with depressant drugs. Death due to overdose is rapid. •7,000 people died from cocaine overdose in 2015 Workplace Issues •Extreme mood and energy swings create instability. Sudden noises can cause a violent reaction. •Lapses in attention and ignoring warning signals greatly increase the potential for accidents. •The high cost of cocaine frequently leads to workplace theft and/or dealing. •A developing paranoia and withdrawal create unpredictable and sometimes violent behavior. •Work performance is characterized by forgetfulness, absenteeism, tardiness, and missed assignments. Cannabinoids (Marijuana) Fact Sheet Marijuana is one of the most misunderstood and underestimated drugs of abuse. People use marijuana for the mildly tranquilizing and mood –and perception – altering effects it produces. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 30 Description •Leaf marijuana will range in color from green to light tan. The leaves are usually dry and broken into small pieces. The seeds are oval with one slightly pointed end. Less prevalent, hashish is a compressed, sometimes tarlike substance ranging in color from pale yellow to black. It is usually sold in small chunks wrapped in aluminum foil. It may also be sold in an oily liquid. •Marijuana has a distinctly pungent aroma resembling a combination of sweet alfalfa and incense. •Cigarette papers, roach clip holders, and small pipes made of bone, brass, or glass are commonly found. Smoking “bongs” (large bore pipes for inhaling large volumes of smoke) can easily be made from soft drink cans and toilet paper rolls. •Trade/street names include: Marinol, THC, Pot, Grass, Joint, Reefer, Acapulco Gold, Sinsemilla, Thai Sticks, Hash, and Hash Oil. Signs and Symptoms of Use Reddened eyes (often masked by eye drops), slowed speech, distinctive odor on clothing, lackadaisical “I don’t care” attitude, chronic fatigue and lack of motivation, irritating cough, and chronic sore throat. Health Effects • When marijuana is smoked, it is irritating to the lungs. Chronic smoking causes emphysema-like conditions. • One joint causes the heart to race and be overworked. People with undiagnosed heart conditions are at risk. • Marijuana is commonly contaminated with the fungus Aspergillus, which can cause serious respiratory tract and sinus infections. • Marijuana smoking lowers the body’s immune system response, making users more susceptible to infection. Pregnancy Problems and Birth Defects •The active chemical, tetrahydrocannabinol (THC), and 60 other related chemicals in marijuana concentrate in the ovaries and testes. •Chronic smoking of marijuana in males causes a decrease in sex hormone, testosterone, and an increase in estrogen, the female sex hormone. The result is a decrease in sperm count, which can lead to temporary sterility. Occasionally, the onset of female sex characteristics including breast development occurs in heavy users. •Chronic smoking of marijuana in females causes a decrease in fertility and an increase in testosterone. •Pregnant women who are chronic marijuana smokers have a higher than normal incidence of stillborn births, early termination of pregnancy, and higher infant mortality rate during the first few days of life. •In test animals, THC causes birth defects, including malformations of the brain, spinal cord, forelimbs, and liver and water on the brain and spine. •Offspring of test animals who were exposed to marijuana have fewer chromosomes than normal, causing gross birth defects or death of the fetus. Pediatricians and surgeons are concluding that the use of marijuana by either or both parents, especially during pregnancy, leads to specific birth defects of the infant’s feet and hands. •One of the most common effects of prenatal cannabinoid exposure is underweight newborn babies City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 31 •Fetal exposure may decrease visual functioning and causes other ophthalmic problems. Mental Function Regular use can cause the following effects: •Delayed decision-making •Diminished concentration •Impaired short-term memory, interfering with learning •Impaired signal detection (ability to detect a brief flash of light), a risk for users who are operating machinery •Impaired tracking (the ability to follow a moving object with the eyes) and visual distance measurements •Erratic cognitive function •Distortions in time estimation •Long-term negative effects on mental function known as “acute brain syndrome,” which is characterized by disorders in memory, cognitive function, sleep patterns, and physical condition Acute Effects •Aggressive urges •Anxiety •Confusion •Fearfulness •Hallucinations •Heavy sedation •Immobility •Mental dependency •Panic paranoid reaction •Unpleasant distortions in body image Workplace Issues •The active chemical, THC, stores in body fat and slowly releases over time. Marijuana smoking has a long-term effect on performance. •Combining alcohol or other depressant drugs and marijuana can produce a multiplied effect, increasing the impairing effect of both the depressant and marijuana. Opiates (Narcotics) Fact Sheet Opiates (also called narcotics) are drugs that alleviate pain, depress body functions and reactions, and when taken in large doses, cause a strong euphoric feeling. Description •Natural and natural derivatives – opium, morphine, codeine, and herion •Synthetics – meperidine (Demerol), oxymorphone (Numorphan), and oxycodone (Percodan) •May be taken in pill form, smoked, or jected, depending upon the type of narcotic used •Trade/street names include: Smack, Horse, Emma, Big D, Dollies, Juice, Syrup, and China White Signs and Symptoms of Use City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 32 •Mood changes •Impaired mental functioning and alertness •Constricted pupils •Depression and apathy •Impaired coordination •Physical fatigue and drowsiness •Nausea, vomiting, and constipation •Impaired respiration Health Effects •IV needle users have a high risk for contracting hepatitis and AIDS due to sharing of needles. •Narcotics increase pain tolerance. As a result, people could more severely injure themselves or fail to seek medical attention after an accident due to the lack of pain sensitivity. •In combination with alcohol and other depressant drugs, heroin use can lead to a dangerous slowdown of heart rate and breathing, coma, and death. •Long-term heroin users may develop collapsed veins, infection of the heart lining and valves, abscesses, liver or kidney disease, and lung complication. Social Issues •There are over 500,000 heroin addicts in the U.S., most of whom are IV needle users. •An even greater number of medicinal narcotic-dependent persons obtain their narcotics through prescriptions. •Because of tolerance, there is an ever-increasing need for more narcotic to produce the same effect. •Strong mental and physical dependency occurs. •The combination of tolerance and dependency creates an increasing financial burden for the user. Costs for heroin can reach hundreds of dollars a day. Workplace Issues •Unwanted side effects such as nausea, vomiting, dizziness, mental clouding, and drowsiness place the legitimate user and abuser at higher risk for an accident. •Narcotics have a legitimate medical use in alleviating pain. Workplace use may cause impairment of physical and mental functions. •Work performance is characterized by forgetfulness, absenteeism, tardiness, missed appointments, and missed assignments. Phencyclidine (PCP) Fact Sheet Phencyclidine (PCP) was originally developed as an anesthetic, but the adverse side effects prevented its use except as a large animal tranquilizer. Phencyclidine acts as both a depressant and a hallucinogen, and sometimes as a stimulant. It is abused primarily for its variety of mood-altering effects. Low doses produce sedation and euphoric mood changes. The mood can change rapidly from sedation to excitation and agitation. Larger doses may produce a coma-like condition with muscle rigidity and a blank stare with the eyelids half closed. Sudden noises or physical shocks may cause a “freak out” in City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 33 which the person has abnormal strength, extremely violent behavior, and an inability to speak or comprehend communication. Description •PCP is sold as a creamy, granular powder and is often packaged in one-inch square aluminum foil or folded paper “packets.” •It may be mixed with marijuana or tobacco and smoked. It is sometimes combined with procaine, a local anesthetic, and sold as imitation cocaine. •Trade/street names include: Angel Dust, Dust, and Hog. Signs and Symptoms of Use •Impaired coordination •Severe confusion and agitation •Extreme mood shifts •Muscle rigidity •Nystagmus (jerky eye movements) •Dilated pupils •Profuse sweating •Rapid heartbeat •Dizziness •Delusions, hallucinations, paranoia Health Effects •The potential for accidents and overdose emergencies is high due to the extreme mental effects combined with the anesthetic effect on the body. •PCP is potentiated by other depressant drugs, including alcohol, increasing the likelihood of an overdose reaction. •Misdiagnosing the hallucination as LSD induced, and then treating with Thorazine, can cause a fatal reaction. •Use can cause irreversible memory loss, personality changes, and other mental disorders. There are four phases to PCP abuse. The first phase is acute toxicity. It can last up to three days and can include combativeness, catatonia, convulsions, and coma. Distortions of size, shape, and distance perception are common. The second phase, which does not always follow the first, is a toxic psychosis. Users may experience visual and auditory delusions, paranoia, and agitation. The third phase is a drug- induced schizophrenia that may last a month or longer. The fourth phase is PCP-induced depression. Suicidal tendencies and mental dysfunction can last for months. Workplace Issues •PCP abuse is less common today than in recent years. It is also not generally used in a workplace setting because of the severe disorientation that occurs. City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 34 CITY OF SANTA MONICA’S BIG BLUE BUS POST-ACCIDENT RECORD OF DECISION Testing Instructions Supervisor or Manager: This form is to document the action taken following an accident involving a City-owned vehicle that may meet DOT post-accident drug/alcohol testing requirements. DOT regulations require the testing of the vehicle operator and any other employees whose performance could have contributed to the accident. •Complete a “Post-Accident Record of Decision” form. •If the testing criteria is met (see below) complete the “Notification of Required Testing” form. •Escort the employee to the testing facility. •Give the staff the “Notification of Required Testing” form so they can complete their portion. •Transport the employee back to the work site and forward this form to Program Manager. Employee: Employee ID: Job Title Date of accident: Time: Location: Vehicle #: Route #: Run #: Description of accident: Post-Accident Testing Criteria FTA Covered Employees 1)Was there a fatality? • YES – test is required. •NO – go to question #2. 2)Did anybody require immediate medical attention away from the scene of the accident? • YES – test is required. •NO – go to question #3. 3)Did either vehicle sustain “disabling damage?” (see next page for definition). • YES – test is required. •NO – stop. Do not test If a test is required, the driver must be tested unless the employee’s performance can be completely discounted as a contributing factor to the accident. Can the employee’s performance be completely discounted? NO YES Explain why: Attachment B City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 35 CITY OF SANTA MONICA’S BIG BLUE BUS Post-Accident Record of Decision Where to Test Monday to Sunday at any time. Collection Plus at City of Santa Monica Big Blue Bus 1660 7th Street Santa Monica CA 90401-3324 (310)458-1975 Drug & Alcohol Testing Information Time of accident: AM/PM Time of arrival at collection site: AM/PM Time of alcohol test (see the employee’s copy of the “Alcohol Testing Form”): AM/PM Elapsed time between the accident and alcohol test: Was the alcohol test performed within two hours of the accident (if more than eight hours have passed, the attempt to test must stop and the reason stated below): NO YES If NO, state reason: Print Supervisor Name Signature Title Date •Disabling Damage is damage that precludes the departure of any vehicle from the scene of an accident in its usual manner in daylight hours after simple repairs. Disabling damage includes: damage to vehicles that could have been operated, but would have caused further damage if so operated. Disabling damage does not include: damage that could be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no space tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperable. For Drug & Alcohol Designated Employer Representative Use Alcohol test performed within two hours? NO ______ YES ______ Alcohol test performed before drug test? NO ______ YES ______ Testing forms completed accurately? NO ______ YES ______ If NO to any of the above, explain here:_______________________________________________________________________________ ___________________________________________________________________________________ Follow-up action taken: _______________________________________________________________ ___________________________________________________________________________________ DER initials: _________ City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 36 CITY OF SANTA MONICA’S BIG BLUE BUS Reasonable Suspicion Record of Decision Supervisor or Manager: This form is to be used to substantiate and document the objective facts, observations, and circumstances leading to a reasonable suspicion determination regarding reasonable suspicion drug and/or alcohol testing. After direct observation of the employee’s behavior, please check all of the reasonable suspicion indicators observed. See back of this form for additional instructions. Name: Employee ID: Job Title: Date: Time observed: From: To: Location of employee when reasonable suspicion evaluation was made (be specific): Evaluating Supervisor: _________________________________________________ Other Supervisor(s) present: ____________________________________________ Observations (check all that apply) Eyes: Bloodshot/red Constricted (tiny) pupils Dilated (large) pupils Glassy/watery Heavy eyelids Fixed/blank stare Other: Breath/Body Odor: Alcohol Marijuana Other: Speech: Confused Slurred Not understandable Stuttered Mumbled Rambled Incomplete sentences Other: Body Movements: Falling Swaying Drowsy/sleepy Needs support Stumbling Shaky hands/body Unsteady walk Tremors/twitches Other: Body Appearance: Flushed or pale Disheveled appearance Heavy/quick breathing Sweating Dry mouth Frequent swallowing Repeated wetting lips Other: Behavior/Attitude: Excited Quick Tempered Disoriented Combative Talkative Uncooperative Irrational Verbally abusive Inappropriate laughing Unusual Behavior Hiccoughing Fighting Belching Crying Vomiting Other: _______________ Did the employee admit to using alcohol or drugs? NO YES Did you see a drug or alcohol being used? NO YES Did you see any drug paraphernalia or alcohol containers?NO YES If you answered YES to any of the questions explain what you observed or heard: Any other unusual actions/behavior made by the employee? NO YES Explain: Document any explanation or statements made by the employee regarding the incident, circumstances, etc. List any witness to employee’s behavior: Page 1 of 2 Attachment C City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 37 Reasonable Suspicion Test Ordered: YES NO Reasonable Suspicion Test Refused: YES NO If the employee refuses to test instruct him/her that any refusal to test is treated the same as a positive test. Testing Information Time you first observed employee: AM/PM Time employee signed “Notification of Required Testing” form: AM/PM Time you arrived at testing facility: AM/PM Time you left the testing facility: AM/PM __________________________________ __________________ ____________________ Signature of Evaluating Supervisor Date Time Testing Instructions •Complete the “Reasonable Suspicion Record of Decision” form. •Meet privately with the employee to explain that there is reason to believe that he/she is under the influence of a drug or alcohol while on duty and that you are ordering him/her to submit to a test. •Complete the “Notification of Required Testing” form and have the employee sign to acknowledge they understand the test is required under DOT regulations. •Once you have advised the employee of a required test you must immediately escort the employee to the collection site. •Advise the employee he/she may have a representative accompany them to the collection site. HOWEVER, there cannot be an unreasonable delay in proceeding to the collection facility. •Any refusal to submit to testing will be treated the same as a positive test. •Give the facility the “Notification of Required Testing” form so they can complete their portion. •Remain there with the employee until the test is completed. •Escort the employee back to the Dispatch Office, or if off-site, drive the employee back to the work site. •Upon return to the Dispatch Office or work site, remain with the employee. Do not allow the employee to resume work. The employee shall not perform any work duties until a negative result is confirmed by the MRO. Assist the employee in arranging alternative transportation home, such as a relative or friend. •Forward any paperwork given to you to Transit Safety & Security Coordinator. Where to Test Collection Plus, City of Santa Monica Big Blue Bus 1660 7th Street CA 90401-3324 If testing cannot be administered by Collection Plus, the Human Resources Department should be immediately contacted so that an alternative facility may be assigned. For Drug & Alcohol Program Designated Employer Representative USE Drug test result: Positive: _______ Negative: _______ Not conducted: ________ Alcohol test result: Positive: _______ Negative: _______ Not conducted: ________ Were there any procedural errors identified? YES _______ NO _______ If YES explain: ______________________________________________________________________ __________________________________________________________________________________ Describe remedial action taken: ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Decision to Test Page 2 of 2 City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 38 CITY OF SANTA MONICA’S BIG BLUE BUS Notification of Required Testing Pursuant to the US DOT Regulations 49 CFR Part 40and 655 This form MUST be completed for ALL tests Employee Identification Employee Name: ________________________ ID #: ____________ Title: _____________________ Department: ___________________________ Division: ___________________________ Pursuant to the US DOT Regulations 49 CFR Part 40 and 655, as amended, all safety-sensitive employees/applicants are required to submit to drug and alcohol testing. •The date, location and reason for the test are stated below. •This form must be presented to the collection site staff. •This form must be returned to the Supervisor after the test. •Behavior that constitutes a refusal to test is treated equivalent to a positive test. I acknowledge receipt of this notification and understand that as a condition of my employment with the City, the above identified testing is required. I further understand that hiring decisions and disciplinary action, up to and including termination, may be based on the results of this test. I further authorize the release to the City of all above-mentioned test results and relevant test information as part of the drug and alcohol screening test process. _____________________________________ ___________________ ___________ AM / PM Employee Signature Date Time Test Information Collection Site: □ Collection Plus, City of Santa Monica Big Blue Bus, 1660 7th Street, Santa Monica, CA 90401-3324 Scheduled test date: _________________ Date Notice given to Employee: __________________ Time given: ____________ AM / PM If this notice was NOT given to the employee on the scheduled test date you must indicate the reason why: _______________________________________________________________________________ Type of Test: □Drug □Alcohol □Both Drug/Alcohol □Pre-Employment □Post-Accident □Reasonable Suspicion □Random □Follow-up □Return-to-Duty Manager/Supervisor Signature: _____________________________________Date: ________________________ Attachment D Page 1 of 3 City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 39 Were any errors found on the following forms: •Notification Form No ______ Yes ______ Explain: _________________________________________ •Custody & Control Form No ______ Yes ______ Explain: _________________________________________ •Drug Testing Result Form No ______ Yes ______ Explain: _________________________________________ •Alcohol Testing Result Form No ______ Yes ______ Explain: _________________________________________ •MRO Verification Form Was this an observed test? No ______ No ______ Yes ______ Yes ______ Explain: _________________________________________ Explain: _________________________________________ Follow-up action taken: ___________________________________________________________________________________ _____________________________________________________________________________________________________ _ Distribution: Original to DER Copy to Employee and Collection site For Drug & Alcohol Designated Employer Representative Use Page 2 of 3 Please take a few minutes to read the following, which describes your role in the collection process The specimen collection procedures are established by the U.S. DOT regulations. Failure to follow the procedures will be considered a refusal to test, which is treated as an equivalent to a positive test. The following is a summary of the specimen collection process: 1.At the collection site you will be asked to show your driver’s license or City ID badge to identify yourself. 2.Before entering the restroom to provide a specimen, you will be asked to remove extra clothing (jacket, coat, hat, etc.). Purses, handbags, etc. must remain with outer garments, outside the restroom. 3.You will be asked to empty your pockets and show the contents to the Collector. 4.You will be asked to wash your hands before entering the bathroom to provide a specimen. 5.You will be provided a sealed specimen bottle and the Collector will unwrap it in your presence. 6.After providing the specimen, you should observe the Collector check the specimen for its volume, temperature, and color. 7.If the specimen shows signs of tampering (for example: unusual color, presence of foreign objects or material) or is outside of the acceptable temperature range (90-100°F), DOT regulations require you to provide a second specimen under direct observation. 8.The Collector will complete the Federal Control Custody Form and place tamper proof seals over the specimen bottles. You will initial the seals, sign the Control Custody Form and receive a copy of the form. Refusal to Test: Per the DOT regulations, a refusal to test is considered a positive test. Examples of a refusal to test include (see policy for complete list): Failure to cooperate with any part of the collection process. Failure to immediately report to the collection site after receiving this notice. Leaving the collection site before completing test. Failure to provide a urine sample without a valid medical explanation from the MRO. Specimen tampering. If you have any questions during the collection process, Page 3 of 3 City of Santa Monica’s Big Blue Bus Adopted by City Council on ______, 2018 41 do not hesitate to ask the collection staff CITY OF SANTA MONICA’S BIG BLUE BUS Acknowledgement of Receipt FTA Covered Employee My signature below certifies that I have received a copy of the following materials: 1.City of Santa Monica’s Big Blue Bus Drug and Alcohol Policy/Procedures for Employees in Safety-Sensitive Job Functions; 2.The brochure from the City-sponsored Employee Assistance Program. In addition, I certify that I have received 90 minutes of training on the effects and consequences of alcohol misuse and prohibited drug use on health, safety, personal life, and the work environment, and on the signs and symptoms that may indicate such use. I understand that it is my responsibility to become familiar with the information contained in these documents. I further understand that if any of the information is unclear or if I have any questions, it is my responsibility to ask for clarification from my Supervisor, Manager, the Designated Employer Representative, or the Human Resources Department. Employee Name (Print) Signature Date Employee ID Hire Date Department Job Title Attachment E