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HomeMy WebLinkAboutResolution - 95-216 - Commercial Vehicle Operator Alcohol and Controlled Substances Testing Policy - 12/19/1995 RESOLUTION NO. 9 5 - 21 6 CITY OF EDEN PRAIRIE COMMERCIAL VEHICLE OPERATOR ALCOHOL and CONTROLLED SUBSTANCES TESTING POLICY RESOLUTION NO. 5 -' 2.16 CITY OF EDEN PRAIRIE COMMERCIAL VEHICLE OPERATOR ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY PART I - GENERAL Section A. PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section B. SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section C. RELATION TO OTHER LAWS, REGULATIONS AND TESTING POLICIES . . . . . . . . . . . . . . . . . . . . . . . 1 Section D. NOTICE OF TESTING AUTHORITY . . . . . . . . . . . . . . 2 Section E. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . 2 PART H -- PROHIBITED CONDUCT Section A. ALCOHOL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subd. 1. Alcohol Concentration . . . . . . . . . . . . . . . . . . . . . . . 8 Subd. 2. On-Duty Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subd. 3. Pre-Duty Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subd. 4. Post-Accident Use . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subd. 5. Physical Possession . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section B. CONTROLLED SUBSTANCES . . . . . . . . . . . . . . . . . . . 9 Subd. 1. Use Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Subd. 2. Medical Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . 9 Subd. 3. Disclosure Required . . . . . . . . . . . . . . . . . . . . . . . . 9 Subd. 4. Testing Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section C. REFUSAL TO SUBMIT TO TESTING . . . . . ... . . . . . . . 9 Subd. 1. Prohibition . . . . . . . . . . . . . . . . . . . ... . . . . . . 9 Subd. 2. -Action by City . . . . . . . . . . ... . . . . . . . . . . . . . . . . .9 i Section D. RESTRICTION OF FUNCTIONS UPON KNOWLEDGE BY CITY . . . . . . . . . . . . . . . . . . . . . . . 10 Subd. 1. Alcohol Possession . . . . . . . . . . . . . . . . . . . . . . . . 10 Subd. 2. Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section E. CONSEQUENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART III — TESTS REQUIRED Section A. PRE-EMPLOYMENT TESTING . . . . . . . . . . . . . . . . . . 10 Subd. 1. Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Subd. 2. Offer Contingency . . . . . . . . . . . . . . . . . . . . . . . . 11 Subd. 3. Necessity of Test . . . . . . . . . . . . . . . . . . . . . . . . . 11 Subd. 4. Refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section B. POST-ACCIDENT TESTING . . . . . . . . . . . . . . . . . . . . 11 Subd. 1. Drivers Subject to Testing . . . . . . . . . . . . . . . . . . . 11 Subd. 2. Timing Requirements . . . . . . . . . . . . . . . . . . . . . . 12 Subd. 3. Driver's Obligation of Availability . . . . . . . . . . . . . 12 Subd. 4. Post-Accident Information and Procedures . . . . . . . . 12 Subd. 5. Independent Testing Authority . . . . . . . . . . . . . . . . 13 Section C. RANDOM TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Subd. 1. Minimum Annual Percentage Rate . . . . . . . . . . . . . 13 Subd. 2. Driver Selection . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Subd. 3. Number of Drivers Subject to Testing . . . . . . . . . . . 13 Subd. 4. Unannounced Testing . . . . . . . . . . . . . . . . . . . . . . 14 Subd. 5. Testing to Proceed Immediately . . . . . . . . . . . . . . . 14 Subd. 6. Timing of Tests . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Subd. 7. Drivers Subject to Multiple Agency Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Subd. 8. Multiple Agency Testing Rules for theCity . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section D. REASONABLE SUSPICION TESTING . . . . . . . . . . . . . 15 Subd. 1. Determination and Application . . . . . . . . . . . . . . . . 15 Subd. 2. Qualified Personnel . . . . . . . . . . . . . . . . . . . . . . . . 15 Subd. 3. Scope of Reasonable Suspicion Testing . . . . . . . . . . 16 ii Subd. 4. Timing of Test . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Subd. 5. Temporary Suspension of Duties . . . . . . . . . . . . . . 16 Subd. 6. Behavior and Appearance as Insufficient Basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Subd. 7. Alternative Testing Authority . . . . . . . . . . . . . . . . . 17 Subd. 8. Written Record of Observations . . . . . . . . . . . . . . . 17 Section E. RETURN-TO-DUTY TESTING . . . . . . . . . . . . . . . . . . . 17 Subd. 1. Alcohol Testing . . . . . . . . . . . . . . . . . . . . . . . . . 17 Subd. 2. Controlled Substances Testing 18 Section F. FOLLOW-UP TESTING . . . . . . . . . . . . . . . . . . . . . . . . 18 Subd. 1. Unannounced Additional Testing . . . . . . . . . . . . . . 18 Subd. 2. Testing Period . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART IV — SPECIMEN COLLECTION PROCEDURES Section A. TESTING PROCESS . . . . . . . . . . . . . . . . . . . .. . . . . . . 18 Section B. CONFIRMATORY RETEST . . . . . . . . . . . . . . . . . . . . . 18 Section C. ALCOHOL TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Subd. 1. Trained Technician . . . . . . . . . . . . . . . . . . . . . . . . 19 Subd. 2. Procedure 19 PART V-- HANDLING OF TEST RESULTS Section A. CONFIDENTIALITY . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section B. RETENTION OF RECORDS . . . . . . . . . . . . . . . . . . . . 20 Section C. ACCESS TO RECORDS . . . . . . . . . . . . . . . . . . . . . . . . 20 Subd. 1. Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Subd. 2. Request by Driver 20 Section D. REPORTING RESULTS . . . . . . . . . . . . . . . . . . . . . . . . 20 lll PART VI -- CONSEQUENCES FOR ENGAGING IN PROHIBITED CONDUCT Section A. REMOVAL FROM SAFETY-SENSITIVE FUNCTION . 21 Subd. 1. Restriction on Drivers . . . . . . . . . . . . . . . . . . . . . . 21 Subd. 2. Duty of the City . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Subd. 3. Refusal to Submit . . . . . . . . . . . . . . . . . . . . . . . . . 21 Subd. 4. Other Alcohol Related Conduct . . . . . . . . . . . . . . . 21 Subd. 5. Consequences From Independent Authority . . . . . . . 21 Section B. DISCIPLINE AND DISCHARGE . . . . . . . . . . . . . . . . . 22 Subd. 1. Pre-Promotion/Pre-Employment Tests . . . ... . . . . . . 22 Subd. 2. Other Tests . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 22 (a) First Positive Test Result . . . . . . . . . . . . . . 22 (b) Second Positive Test Result . . . . . . . . . . . . . 23 (c) Suspensions and Transfers . . . . . . . . . . . : . . 23 (d) Other Misconduct . . . . . . . . . . . . . . . . . . . . 23 SECTION C. PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART VII -- INFORMATION. TRAINING AND REFERRAL Section A. CITY'S OBLIGATION TO PROVIDE INFORMATION 24 Subd. 1. General Requirements . . . . . . . . . . . . . . . . . . . . . . 24 Subd. 2. Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Subd. 3. Other Materials . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Subd. 4. Certificate of Receipt . . . . . . . . . . . . . . . . . . . . . . 26 Section B. TRAINING FOR SUPERVISORS . . . . . . . . . . . . . . . . . 26 Section C. REFERRAL, EVALUATION AND TREATMENT . . . . . 26 Subd. 1. Resource Advisory . . . . . . . . . . . . . . . . . . . . . . . . 26 Subd. 2. Evaluation by a Substance Abuse Professional . . . . . . . . . . . . . . . . . . . . . . . . 26 Subd. 3. Return-to-Duty Testing . . . . . . . . . . . . . . . . . . . . . 26 Subd. 4. Return-to-Duty Assistance . . . . . . . . . . . . . . . . . . . 27 Subd. 5.. Evaluation and Rehabilitation . . . . . . . . . . . . . . . . . 27 Subd. 6. Conflict of Interest of Substance Abuse Professional . . . . . . . . . . . . . . . . . . . . . . . . 27 iv Subd. 7. Job Applicants Excluded . . . . . . . . . . . . . . . . . . . . 28 PART VIII — MISCELLANEOUS PROVISIONS Section A. AVAILABLE REVIEW PROCEDURES . . . . . . . . . . . . 28 Subd. 1. Eligible Employee . . . . . . . . . . . . . . . . . . . . . . . . 28 Subd. 2. Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section B. GOOD FAITH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section C. CONTACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 v CITY OF EDEN PRAIRIE COMMERCIAL VEHICLE OPERATOR ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY PART I -- GENERAL Sec. A. PURPOSE The City of Eden Prairie implements this Policy to establish programs designed to prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This policy is in addition to and separate from the City of Eden Prairie Drug and Alcohol Testing Policy, which implements the requirements of State law and the Federal Drug Free Workplace Act of 1988. Sec. B. SCOPE The provisions of this Policy shall extend to all employees of the City of Eden Prairie who operate or maintain a commercial motor vehicle within the scope of duties performed for the City of Eden Prairie. This may include, but is not limited to all full-time, part-time, or leased drivers as well as any independent owner/operator contractors employed by, leased to, or under the direction or consent of the City. Job applicants to the City for employment to drive a commercial motor vehicle are also subject to limited testing under this Policy. Sec. C. RELATION TO OTHER LAWS, REGULATIONS AND TESTING POLICIES This Policy is subject to all Federal and State regulations governing testing of drivers of commercial motor vehicles and at all times shall be construed to be in compliance with Federal and State laws, rules, regulations and orders. Where not inconsistent with such, this Policy shall be given full force and effect to the fullest extent possible by law. Except as expressly provided in this Policy, nothing in the Policy shall be construed to affect the authority of the City, or the rights of drivers, with respect to the use or possession of alcohol, or the use of controlled substances, including the authority and rights with respect to testing and rehabilitation. Where this Policy does not expressly apply, nothing shall prevent the City from taking any action allowed under the City of Eden Prairie Drug and Alcohol Testing Policy. This Policy shall not be construed to alter the applicability of provisions of State criminal law. 1 Sec. D. NOTICE OF TESTING AUTHORITY Before performing an alcohol or controlled substances test under this Policy, the City shall notify a driver that the alcohol or controlled substances test is required by this Policy. The City shall not falsely represent that a test is administered under this Policy. Sec. E. DEFINITIONS Accident 1. Except as provided in paragraph 2 of this definition, an occurrence involving a commercial motor vehicle operating on a public road which results in: (a) A fatality; (b) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; (c) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away form the scene by a tow truck or other vehicle. 2. The term accident does not include: (a) An occurrence involving only boarding and alighting from a stationary motor vehicle; or (b) An occurrence involving only the loading or unloading of cargo; or (c) An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle, as defined in 49 C.F.R. § 571.3, by a motor carrier and is not transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 49 C.F.R. § 177.823. Alcohol The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol Concentration (or content) The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this policy and federal regulations. 2 Alcohol Use The consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. B.A.T (Breath Alcohol Technician) An individual who instructs and assists individuals in the alcohol testing process and operates an EBT. 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. With respect to drug testing, these procedures shall require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain of custody form(s) account(s) for the sample or sample aliquots within the laboratory. City or City of Eden Prairie The City of Eden Prairie, Minnesota, acting through its City Manager or a designee of the City Manager. City of Eden Prairie Drug and Alcohol Testing Policy A separate Drug and Alcohol policy that is adopted by Resolution and that is part of the City of Eden Prairie Personnel Rules. Commerce 1. Any trade, traffic or transportation within the jurisdiction of the United States between a place within a state and a place outside of such state, including a place outside of the United States, and 2. Any trade, traffic and transportation in the United States which affects any trade, traffic, and transportation described in paragraph 1 of this definition. Commercial Motor Vehicle A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle-- 3 1. Has a gross combination rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or 2. Has a gross vehicle weight rating of 26,001 or more pounds; or 3. Is designed to transport 16 or more passengers, including the driver; or 4. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations set forth under 49 C.F.R. 172, Subp. F; 5. A commercial motor vehicle does not include a fire truck or other emergency response equipment operated by the Eden Prairie Volunteer Firefighters Department. Confirmation Test For alcohol testing it means a second test, following a screening test with a result of .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 in chemical principal from that of the screen test in order to insure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.) Confirmatory Retest For controlled substances it means a third analytical procedure to reconfirm the presence of a specific drug or metabolite. If the test result of the primary specimen is positive the driver may request that the MRO direct the split specimen be tested in any different DHHS—certified laboratory for presence of the drug(s). Consortium An entity, including a group or association of employers or contractors, that provides alcohol or controlled substance testing pursuant to federal regulations, or other U.S. Department of Transportation alcohol or controlled substances testing rules, and that acts on behalf of the City. 4 Controlled Substance A drug or other substance, or immediate precursor, included in Schedules I through V of 21 U.S.C. § 812 as may be revised from time to time. Department of Health and Human Services (DHHS) The Department of Health and Human Services or any designee of the Secretary, or Department of Health and Human Services. DOT Agency An agency (operating administration) of the United States Department of Transportation administering regulations requiring alcohol and/or drug testing in accordance with 49 C.F.R. part 40. Driver Any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: full—time, regularly employed drivers; part—time and temporary drivers; leased drivers and independent owner/operator contractors who are either directly employed by or under lease to the City or who operate a commercial motor vehicle at the direction of or with the consent of the City. For the purposes of pre—employment/pre—duty testing only, the term driver includes a person applying to the City for employment to drive a commercial motor vehicle. Evidential Breath Testing Device (EBT) An EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSRs "Conforming Products list of Evidential Breath Measurement Devices." FHWA The Federal Highway Administration. Immediately Available The driver is on call, ready to be dispatched, or in a similar state of readiness to perform safety-sensitive functions. 5 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 who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result together with driver's medical history and any other relevant biomedical information. Performing (A safety sensitive-function) A driver is considered to be performing a safety-sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. Reasonable Suspicion Means that the City believes the appearance, behavior, speech or body odors of a driver are indicative of the use of a controlled substance or alcohol based on the observation of at least one supervisor or official who has received training in the identification of behaviors indicative of drug and alcohol use. Refuse to Submit (to an alcohol or a controlled substances test) A driver refuses to submit when the driver: 1. fails to provide adequate breath for testing without a valid medical explanation after the driver has received notice of the requirement for breath testing in accordance with the provisions of this part; 2. fails to provide adequate urine for controlled substances testing without a valid medical explanation after the driver has received notice of the requirement for urine testing in accordance with the provisions of this policy and federal regulation; or 3. engages in conduct that clearly obstructs the testing process. Safety—Sensitive Function Includes any of the following: 1. All time at a carrier or shipper plant, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from the duty by the City; 6 2. All time inspecting equipment as required by federal regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; 3. All driving time which shall mean all time spent at the driving controls of a commercial motor vehicle in operation; 4. All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth, which shall mean a berth conforming to the requirements of federal regulations; 5. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; 6. All time spent performing the driver requirements of the federal statutes related to accidents; 7. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. Screening Test (also known as Initial Test) In alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine specimens from further consideration. Substance Abuse Professional A licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug.Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances—related disorders. Supervisor The person designated by the City to perform supervisory functions over the City's drivers. 7 Violation Rate The number of drivers found during random tests given pursuant to this policy and federal regulations to have an alcohol concentration of 0.04 or greater, plus the number of drivers who refuse a random test required by this policy and federal regulations, divided by the total reported number of drivers in the industry given random alcohol tests pursuant to this policy and federal regulations, plus the total reported number of drivers in the industry who refuse a random test required by this policy and federal regulations. PART II -- PROHIBITED CONDUCT Sec. A. ALCOHOL Subd. I --Alcohol Concentration No driver shall report for duty or remain on duty requiring the performance of safety—sensitive functions while having an alcohol concentration of 0.04 or greater. Subd. 2 -- On-Duty e No driver shall use alcohol while performing safety—sensitive functions. Subd. 3 -- Pre-Duty Use No driver shall perform safety—sensitive functions within four hours after using alcohol. Subd. 4 -- Post-Accident Use No driver required to take a post—accident alcohol test because of loss of human life or who receives a citation under state or local law for a moving traffic violation arising from an accident shall use alcohol for eight hours following the accident, or until he/she undergoes a post—accident alcohol test, whichever occurs first. Subd. 5 -- Physical Possession No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol in any quantity. 8 Sec. B. CONTROLLED SUBSTANCES Subd. 1 -- Use Prohibited No driver shall report for duty or remain on duty requiring the performance of safety—sensitive functions when the driver uses any controlled substance. Subd. 2 -- Medical Exceptions The prohibition against controlled substances shall not be read to proscribe use for medicinal purposes pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. Subd. 3 -- Disclosure Required A driver shall inform the driver's supervisor of any therapeutic drug use allowed under Subd. 2. Subd. 4 -- Testing Results No driver shall report for duty, remain on duty or perform a safety-sensitive function if the driver tests positive for controlled substances. Sec. C. REFUSAL TO SUBMIT TO TESTING Subd. 1 -- Prohibition No driver shall refuse to submit to a post—accident alcohol or controlled substances test, a random alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test, or a follow—up alcohol or controlled substances test mandated by this Policy. Subd. 2 --Action by City The City shall not permit a driver who refuses to submit to the mandated tests under this Policy to perform or continue to perform safety—sensitive functions. 9 Sec. D. RESTRICTION OF FUNCTIONS UPON KNOWLEDGE BY CITY Subd. I --Alcohol Possession The City, upon actual knowledge that a driver is in possession of alcohol, shall not permit the driver to drive or continue to drive a commercial motor vehicle. Subd. 2 -- Other Further, the City, having actual knowledge of any of the following, shall not permit a driver to perform or continue to perform safety-sensitive functions: (a) that a driver has an alcohol concentration of 0.04 or greater; (b) that a driver is using alcohol while performing safety—sensitive functions; (c) that a driver has used alcohol within four hours; (d) that a driver has used a controlled substance, unless such use is permitted pursuant to the written instruction of a physician as described in Section B, Subd. 2 of this Part; or (e) that a driver has tested positive for controlled substances. Sec. E. CONSEQUENCES Failure to comply with Part II of this Policy shall result in the consequences described under Part VI. PART III -- TESTS REQUIRED Sec. A. PRE-EMPLOYMENT TESTING Subd. 1 -- .Scope Prior to the first time a driver performs safety—sensitive functions for the City, the driver shall undergo testing for controlled substances. For purposes of this subsection on pre—employment testing, the term driver includes, but is not limited to, a person applying to the City to drive a commercial motor vehicle or a person who has been re—assigned into a position that requires the performance of safety—sensitive functions. 10 Subd. 2 -- Offer Contingency Any job offer or reassignment to drive a commercial motor vehicle shall be contingent upon a negative drug test report and the applicant's written consent authorizing former employers to release to the City all information concerning any positive controlled substances tests where the applicant has not participated and completed a counseling or rehabilitation program as directed by the driver's substance abuse professional. Subd. 3 -- Necessity of Test No employer shall allow a driver to perform safety-sensitive functions unless the driver has received controlled substances test results from the MRO indicating a verified negative test result. Subd. 4 -- Refusal In the case of a job applicant applying to drive for the City, if the applicant refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. Sec. B. POST ACCIDENT TESTING Subd. 1 -- Drivers Subject to Testing As soon as practicable following an accident involving a commercial motor vehicle, the City shall test for alcohol and controlled substances each surviving driver: (a) who was performing safety—sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (b) who receives a citation under State or local law for a moving traffic violation arising from the accident. Where this Policy does not apply, the City may also test in accordance with the City of Eden Prairie Drug and Alcohol Testing Policy. 11 Subd. 2 -- Timing Requirements (a) If an alcohol test required by this section is not administered within two hours following the accident, the City shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eight hours following the accident, the City shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FHWA upon request of the Associate Administrator. (b) If a controlled substances test required by this section is not administered within thirty-two hours following the accident, the City shall cease attempts to administer a controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of the Associate Administrator. Subd. 3 -- Driver's Obligation of Availability A driver who is subject to post—accident testing shall remain readily available for such testing or 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 injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. Subd. 4 -- Post—Accident Information and Procedures The City shall provide drivers with necessary post—accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section. 12 Subd. 5 -- Independent Testing Auk The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances, conducted by Federal, State, or local officials having independent authority for the test, including any test conducted in accordance with the City of Eden Prairie Drug and Alcohol Testing Policy or the Minnesota Implied Consent Law, shall be considered to meet the post-accident testing requirements of this Section provided such tests conform to applicable Federal, State or local requirements, and that the results of the tests are obtained by the City. Sec. C. RANDOM TESTING Subd. 1 -- Minimum Annual Percentage Rate Subject to the FHWAAdministrator's decision to increase or decrease the minimum annual percentage rate for random alcohol and controlled substances testing as updated and published periodically in the Federal Register, the rates shall be as follows: (a) the minimum annual percentage rate for random alcohol testing shall be twenty—five percent (25%) of the average number of city driver positions; (b) the minimum annual percentage rate for random controlled substance testing shall be fifty percent (50%) of the average number of city driver positions. Subd. 2 -- Driver Selection The selection of drivers for random alcohol and controlled substance testing shall be made by a scientifically valid method, such as a random number table of a computer—based random number generator that is matched with drivers' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each driver shall have an equal chance of being tested each time selections are made. Subd. 3 -- Number of Drivers Subject to Testing The City shall randomly select a sufficient number of drivers for alcohol testing during each calendar year to equal an annual rate not less than the minimum annual percentage rate for random alcohol 13 testing described in Subdivision 1 of this Section. For controlled substance testing, the City shall randomly select a sufficient number of drivers for controlled substances testing during each calendar year to equal an annual rate not less than the minimum annual percentage rate of fifty percent (50%) of drivers. If the City conducts random testing for alcohol and/or controlled substances through a consortium, the number of drivers to be tested may be calculated for each individual employer or may be based on the total number of drivers covered by the consortium who are subject to random alcohol and/or controlled substance testing at the same minimum annual percentage rate under this part or any DOT alcohol or controlled substance testing rule. Subd. 4 -- Unannounced Testing The City shall ensure that random alcohol and controlled substances tests conducted pursuant to this section are unannounced and that the dates for administering random alcohol and controlled substances tests are spread reasonably throughout the calendar year. Subd. 5 -- Testing To Proceed Immediately The City shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety—sensitive function at the time of notification, the City shall instead ensure that the driver ceases to perform the safety—sensitive function and proceeds to the testing site as soon as possible. Subd. 6 -- Timing of Tests A driver shall only be tested for alcohol while the driver is performing safety—sensitive functions, just before the driver is to perform safety—sensitive functions, or just after the driver has ceased performing such safety—sensitive functions. Subd. 7 -- Drivers Subject to Multiple Agency Testing Any driver subject to random alcohol or controlled substances testing under the alcohol or controlled substances testing rules of more than one DOT agency for the City shall be subject to random alcohol and/or controlled substances testing at the minimum annual percentage rate established for the calendar year by the DOT agency regulating more than 50% of the driver's function. 14 Subd. 8 -- Multiple Agency Testing Rules for the City Where the City is required to conduct random alcohol or controlled substances testing under the alcohol or controlled substances testing rules of more than one DOT agency, the City may: (a) Establish separate pools for random selection, with each pool containing the DOT-covered employees who are subject to testing at the same required minimum annual percentage rate; or (b) Randomly select such employees for testing at the highest minimum annual percentage rate established for the calendar year by any DOT agency to which the City is subject. Sec. D. REASONABLE SUSPICION TESTING Subd. I -- Determination and Application (a) The City shall require a driver to submit to an alcohol test when the City has reasonable suspicion to believe that the driver has violated the provisions of Part II of this Policy, except Section A, Subd. 5 of that part, concerning alcohol. The City's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. (b) The City shall require a driver to submit to a controlled substance test when the City has reasonable suspicion to believe that the driver has violated the prohibitions of Part II of this policy concerning controlled substances. The City's determination that reasonable suspicion exists to require the driver to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. Subd. 2 -- Qualified Personnel The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or an 15 employee of the City who is trained in accordance with Section B of Part VII of this Policy. The person who makes the determination or who observes or assists with making the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. Subd. 3 -- Scope of Reasonable Suspicion Testing Alcohol testing is authorized by this Section only if the observations required by Subd. I are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this Policy. The driver may be directed by the City to only undergo reasonable suspicion testing while the driver is performing safety—sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions. Subd. 4 -- Timing of Test If an alcohol test required by this section is not administered within two hours following the determination of reasonable suspicion under Subd. 1, the City shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by federal law and this policy is not administered within eight hours following the determination of reasonable suspicion under Subd. 1, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. Subd. 5 -- Temporary Suspension of Duties Notwithstanding the absence of a reasonable suspicion alcohol test under this Section, no driver shall report for duty or remain on duty requiring the performance of safety—sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indications of alcohol misuse, nor shall the City permit the driver to perform or continue to perform safety—sensitive functions, until: (a) An alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or 16 (b) Twenty—four hours have elapsed following the determination under Subd. 1 of this Section that there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy and federal law concerning the use of alcohol. Subd. 6 -- Behavior and Appearance As Insufficient Basis Except as provided in Subd. 5, the City shall not take any action under this Policy against a driver based solely on the driver's behavior and appearance, with respect to alcohol use, in the absence of an alcohol test. However, nothing shall prohibit the City from taking any action, pursuant to the City of Eden Prairie Drug and Alcohol Testing Policy or otherwise consistent with law, to discipline a driver for acts which violate standards of conduct in the workplace, even if related to alcohol use or conduct as a result of alcohol use. Subd. 7 --Alternative Testing Authority If the driver is not performing safety—sensitive functions and reasonable suspicion exists, drivers may be tested for drugs and alcohol under the City of Eden Prairie Drug and Alcohol Testing Policy and Minnesota Implied Consent law, if applicable. Subd. 8 -- Written Records of Observations A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or other city employee who made the observations, within twenty—four hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. Sec. E. RETURN—TO—DUTY TESTING Subd. 1 --Alcohol Testing The City shall ensure that before a driver returns to duty requiring the performance of a safety—sensitive function after engaging in conduct prohibited by Part II of this Policy concerning alcohol, the driver shall undergo a return—to—duty alcohol test with a result indicating an alcohol concentration of less than 0.02. 17 Subd. 2 --.Controlled Substances Testing The City shall ensure that before a driver returns to duty requiring the performance of a safety—sensitive function after engaging in conduct prohibited by Part II of this Policy concerning controlled substances, the driver shall undergo a return—to—duty controlled substances test with a result indicating a verified negative result for controlled substances use. Sec. F. FOLLOW-UP TESTING Subd. 1 -- Unannounced Additional Testing Following a determination under Part VII, Section C, Subd. 2 that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the City shall ensure that the driver is subject to unannounced follow—up alcohol and/or controlled substances testing as directed by a substance abuse professional in accordance with the provisions of Part VII, Section C, Subd. 4(b). Subd. 2 -- Testing Period Follow—up alcohol testing shall be conducted only when the driver is performing safety—sensitive functions, just before the driver is to perform safety—sensitive functions, or just after the driver has ceased performing such safety—sensitive functions. PART IV -- SPECIMEN COLLECTION PROCEDURES Sec. A. TESTING PROCESS The City is required to use the "split sample" method of collection for its drivers. The City shall contract with a professional testing facility certified under the DHHS "Mandatory Guidelines for Federal Workplace Drug Testing Programs," 53 C.F.R. 11970, to perform the collection and analysis of urine specimen in accordance with 49 C.F.R. 40. Sec. B. CONFIRMATORY RETEST The MRO shall notify each driver who has a confirmed positive test that the driver has 72 hours in which to request a test of the split specimen if the test is verified as positive. The driver is responsible for all costs 18 associated with the confirmatory retest unless results are negative. If the driver requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimens to another DHHS—certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT, the City, and the driver. Sec. C. ALCOHOL TESTING Subd. 1 -- Trained Technician The City shall use a breath alcohol technician (BAT) that is trained to proficiency in the operation of the evidential breath testing device (EBT). The breath alcohol technician shall follow the procedures for alcohol testing listed in 49 C.F.R. part 40. Subd. 2 -- Procedure Two breath tests are required to determine if a person has a prohibited alcohol concentration. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If the driver attempts and fails to provide an adequate amount of breath, the City will direct the driver to obtain a written evaluation from a licensed physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated City contact person. PART V -- HANDLING OF TEST RESULTS Sec. A. CONFIDENTIALITY The results of all tests conducted under this Policy are confidential. Any information concerning an individual's test results and records shall not be released without the written permission of the individual except as provided for under federal or state law. The City shall comply with federal law regarding the handling of test results, record retention, and confidentiality under 49 C.F.R. H 19 382.401-382.413. In particular, City contracts with laboratories shall require that the laboratory maintain employee test records in confidence, as provided in DOT agency regulations. The contracts, as required by 49 C.F.R. 40.35, shall provide that the laboratory shall disclose information related to a positive drug test of an individual to the individual, the City, or the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test. Sec. B. RETENTION OF RECORDS The City shall maintain records of its alcohol misuse and controlled substances use prevention programs as provided in 49 C.F.R. § 382.401. The records shall be maintained in a secure location with controlled access. Sec. C. ACCESS TO RECORDS Subd. 1 -- Limitations Except as required by law or expressly authorized or required in this Section, the City shall not release driver information contained in records required to be maintained under Section B of this part and in accordance with federal law. Subd. 2 -- Request by Driver A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver's use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substances tests. The City shall promptly provide the records requested by the driver. Access to the driver's records shall not be contingent upon payment for records other than those specifically requested. Sec. D. REPORTING RESULTS The City shall prepare and maintain an annual calendar year summary of the results of its alcohol and controlled substances testing programs performed under this Policy in accordance with 49 C.F.R. § 382.403. 20 PART VI -- CONSEQUENCES FOR ENGAGING IN PROHIBITED CONDUCT Sec. A. REMOVAL FROM SAFETY-SENSITIVE FUNCTION Subd. 1 -- Restriction on Drivers Except as provided in Part VII, no driver shall perform safety—sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by Part II of this policy or an alcohol or controlled substance rule of a DOT agency, unless the driver has met the requirements of Section C of Part VII. Subd. 2 -- Duty of the City The City shall not permit any driver to perform safety—sensitive functions, including driving a commercial vehicle, if the City has determined that the driver has violated this policy, unless the driver has met the requirements of Section C of Part VII. Subd. 3 -- Refusal to Submit If the driver refuses to undergo testing required by this Policy, no test shall be given, and the City Manager or other designated City officer may recommend that the driver be discharged from employment on grounds of insubordination. Subd. 4 -- .Other Alcohol Related Conduct No driver tested under the provisions of Part III of this policy, who is found to have an alcohol concentration of 0.02 or greater but less than 0.04, shall perform or continue to perform safety-sensitive functions for the City, including driving a commercial motor vehicle, nor shall the City permit the driver to perform or continue to perform safety-sensitive functions, until the start of the driver's next regularly scheduled duty, but not less than 24 hours following administration of the test. Subd. 5 —.Consequences From Independent Authority Except as provided in Subd. 4, the City shall not take action under this Policy against a driver based solely on test results showing an alcohol concentration less than 0.04. However, nothing shall 21 prohibit the City from taking any action, pursuant to the City of Eden Prairie Drug and Alcohol Testing Policy or otherwise consistent with law, to discipline a driver for acts which violate standards of conduct in the workplace, even if related to alcohol use or conduct as a result of alcohol use. Sec. B. DISCIPLINE AND DISCHARGE Subd. 1 -- Pre-Transfer/Pre-Employment Tests The City will not withdraw an offer of employment or re-assignment to a driver position made contingent on the job applicant passing drug testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the City Manager or other designated City officer shall withdraw the contingent offer of employment or promotion to a driver position if the City determines in accordance with the Minnesota Human Rights Act that drug usage or abuse prevents the job applicant from performing the safety-sensitive functions of the job in question. Subd. 2 -- Other Tests The City Manager or other designated City officer will not discharge, discipline, discriminate against, or request or require rehabilitation of a driver solely on the basis of a positive test result from a screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest (controlled substances only), the City may do the following: (a) First Positive Test Result. Give the driver an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The City through its Employee Assistance Program may determine which program is more appropriate after consultation with a Substance Abuse Professional or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under the driver's own benefit plan. If the driver either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by 22 withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program, and alcohol or drug abuse prevents the driver from performing the safety-sensitive functions of the job in question the City manger or other designated City official may recommend that the driver be discharged from employment. (b) Second Positive Test Result. Where alcohol or drug abuse prevents the driver from performing the safety-sensitive functions of the job in question the City Manager or other designated City official may recommend that the driver be discharged from employment. The driver, whether discharged or not, will have access to any employee assistance program maintained by the City, to the extent permitted by the programs terms, for evaluation and referral in resolving problems with alcohol misuse and controlled substances use. (c) Suspensions and Transfers. Notwithstanding any other provisions herein, the City may temporarily suspend the tested driver with pay for up to 90 days or transfer that driver to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest (controlled substances only), provided the City believes that it is reasonably necessary to protect the health or safety of the driver, co-employees, or the public. (d) Other Misconduct. Nothing in this policy limits the right of the City to discipline or discharge a driver on grounds other than a positive test result in a confirmatory test arising from the same or other incident, including but not limited to a conviction of any criminal drug statute for a violation occurring in the workplace. Sec. C. PENALTIES Any employee who knowingly and willfully violates the Omnibus Transportation Employee Testing Act while operating a commercial motor vehicle by activities that have led or could have led to death or serious injury is subject to the statutory criminal sanctions. 23 PART VII -- INFORMATION, TRAINING AND REFERRAL Sec. A. CITY'S OBLIGATION TO PROVIDE INFORMATION Subd. 1 -- General Requirements The City shall provide educational materials that explain the requirements of the Policy and the City's policies and procedures with respect to meeting these requirements. (a) The City shall ensure that a copy of these materials is distributed to each driver prior to the start of alcohol and controlled substances testing under this policy and to each driver subsequently hired or transferred into a position requiring driving a commercial motor vehicle. (b) The City shall provide written notice to representatives of employee organizations of the availability of this information. Subd. 2 --.Content The materials to be made available to drivers shall include a detailed discussions of at least the following: (a) The identity of the person designated by the City to answer driver questions about the materials; (b) The categories of drivers who are subject to the provisions of this Policy; (c) Sufficient information about the safety sensitive-functions performed by those drivers to make clear what period of the work day the driver is required to be in compliance with this Policy; (d) Specific information concerning driver conduct that is prohibited by this Policy; (e) The circumstances under which a driver will be tested for alcohol and/or controlled substances under this Policy; 24 (f) The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver; (g) The requirements that a driver submit to alcohol and controlled substances tests administered in accordance with this policy; (h) An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences; (i) The consequences for drivers found to have violated Part II of this Policy, including the requirement that the driver be removed immediately from safety sensitive-functions, and the procedures under Section C of Part VII; (j) The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04; (lc) Information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life; signs and symptoms of an alcohol or controlled substances problem (the driver's or a co worker's); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to an employee assistance program and/or referral to management. Subd. 3 -- Other Materials The materials supplied to drivers may also include information on the City of Eden Prairie Drug and.Alcohol Testing Policy, including any consequences for a driver found to have a specified alcohol or controlled substances level, that are based on the City's authority in that policy. The additional provisions and consequences must be clearly and obviously described as being based on the City of Eden Prairie Drug and Alcohol Testing Policy. 25 Subd. 4 -- Certificate of Receipt The City shall ensure that each driver is required to sign a statement certifying that he or she has received a copy of these materials described in this section. The City shall maintain the original of the signed statement and may provide a copy of the statement to the driver. Sec. B. TRAINING FOR SUPERVISORS The City shall ensure that persons designated to determine whether reasonable suspicion exists to require a driver to undergo testing under Part III, Section D of this Policy receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The training shall cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances. Sec. C. REFERRAL, EVALUATION AND TREATMENT Subd. 1 -- Resource Advisory Each driver who engages in conduct prohibited by Part II of this policy shall be advised by the City of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance use professionals and counseling and treatment programs. Subd. 2 -- Evaluation by a Substance Abuse Professional Each driver who engages in conduct prohibited by Part II of this policy shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. Subd. 3 -- Return—to—Duty Ted Before a driver returns to duty requiring the performance of a safety—sensitive function after engaging in conduct prohibited by Part II of this policy, the driver shall undergo a return—to—duty alcohol test with the result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substances test with a verified negative result if the conduct involved a controlled substance. 26 Subd. 4 -- Return-to-Duty Assistance In addition, each driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substance use: (a) shall be evaluated by a substance abuse professional to determine that the driver has properly followed any rehabilitation program prescribed under Subd. 2 of this Section; and (b) shall be subject to unannounced follow—up alcohol and controlled substances testing administered by the City following the driver's return to duty. The number and frequency of such follow—up testing shall be as directed by the substance abuse professional, and consist of at least six 6 tests in the first twelve 12 months following the driver's return to duty. The city may direct the driver to undergo return—to—duty and follow—up testing for both alcohol and controlled substances, if the substance abuse professional determines that return—to—duty and follow—up testing for both alcohol and controlled substances is necessary for that particular driver. Any such testing shall be performed in accordance with the requirements of 49 C.F.R. 40. Follow—up testing shall not exceed sixty months from the date of the driver's return to duty. The substance abuse professional may terminate the requirement for follow—up testing at any time after the first six tests have been administered, if the substance abuse professional determines that such testing is no longer necessary. Subd. 5 -- Evaluation and Rehabilitation Evaluation will be provided by the City's Employee Assistance Program and paid for by the City. Any recommended participation in a counseling or rehabilitation program will be at the employee's own expense or pursuant to coverage under an employee's benefit ,plan. Subd. 6 -- Conflict of Interest of Substance Abuse Professional The City shall ensure that a substance abuse professional who determines that a driver requires assistance in resolving problems with alcohol misuse or controlled substances use does not refer the driver to the substance abuse professional's private practice or to a person or 27 organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This paragraph does not prohibit a substance abuse professional from referring a driver for assistance provided through: (a) a public agency, such as a State, County, or municipality; (b) the City or a person under contract to provide treatment for alcohol or controlled substance problems on behalf of the City; (c) the sole source of the therapeutically appropriate treatment under the driver's health insurance program; or (d) the sole source of therapeutically appropriate treatment reasonably accessible to the driver. Subd. 7 -- lob Applicants Excluded The requirements of this Section with respect to referral, evaluation and rehabilitation do not apply to applicants who refuse to submit to a pre-employment controlled substances test or who have a controlled substances test with a verified positive test result. PART VIII -- MISCELLANEOUS PROVISIONS Sec. A. AVAILABLE REVIEW PROCEDURES Subd. 1 -- Generally A regular employee aggrieved by a decision of the City Manager, other than an employee who has not completed the required probationary period at the time of the decision, a part-time employee, temporary employee or job applicant, shall choose one of the available review procedures contained in Subd. 2, to the exclusion of all others, except that an employee who is a veteran may have additional rights under the Veterans Preference Act, Minnesota State Statutes Section 197.46. Subd. 2 -- Procedure (a) An employee entitled to review under Subd. 1 shall request a review of the decision no later than fifteen calendar days after the action. The employee shall meet with the City Manager and a representative of the Human Resources Department to discuss the decision within twenty calendar days of said request. All 28 requests for review must be submitted in writing to the City of Eden Prairie Human Resources Director, 8080 Mitchell Road, Eden Prairie, MN 55344; or (b) An employee covered by a collective bargaining agreement may elect to seek relief under the terms of said agreement by contacting the appropriate union and initiating grievance procedures within the applicable time limits. Sec. B. GOOD FAITH EFFORT The City of Eden Prairie will make a continuing good faith effort to maintain a drug—free workplace through this Policy. Sec. C. CONTACT Any questions regarding this Policy may be directed to the City of Eden Prairie Safety Coordinator, 8080 Mitchell Road, Eden Prairie, MN 55344. ADOPTED by the Eden Prairie City Council on the 19th day of December, 1995. i ean L. Harris, Mayor ATTEST: or-ZAZ"� J D. Frane, City Clerk 29