3.10 Drug and Alcohol Testing Policy
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Human Resources Human Resources/Assistant City Administrator Hille January 24, 2022
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty 3.10 – Drug and Alcohol
Testing Policy
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council adopt a Resolution approving a revised City policy.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No No
BACKGROUND/JUSTIFICATION:
City Staff reviewed the Drug and Alcohol Testing Policy, and noted the need to update our current policy.
The proposed changes are:
Including the information for the Federal Motor Carrier Safety Administration’s (FMSCA) Commercial
Driver’s License (CDL) Drug and Alcohol Clearinghouse (Clearinghouse). The Clearinghouse holds
information on CDL drivers’ violations related to controlled substances (drugs) and alcohol testing. This
database contains information from all previous employers.
Federal law changed in January of 2020 for an updated requirement for employers and CDL drivers. The
new law requires drivers to register in the FMSCA Clearinghouse and employers to conduct pre-
employment and annual inquiries. The City needs to update the policy to address the requirement for DOT
drivers.
This change in policy requires no operational change for our current DOT drivers, but will involve Human
Resources to conduct an annual inquiry on the national database with the employee’s consent.
SUPPORTING DOCUMENTS ATTACHED:
• Drug and Alcohol Testing Policy for Commercial Drivers (Redlined)
• Resolution 2022-11
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2022-11 Approving a Revised Drug and Alcohol Testing Policy.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
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CITY OF OTSEGO
DRUG AND ALCOHOL TESTING POLICY FOR
COMMERCIAL DRIVERS
(DOT POLICY)
I. PURPOSE AND OBJECTIVES
The City of Otsego (“City”) has a vital interest in maintaining safe, healthful, and efficient
working conditions for employees, and recognizes that individuals who are impaired because of
drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The
City is concerned about providing a safe workplace for its employees, and while the City does
not intend to intrude into the private lives of its employees, it is the goal to provide a work
environment conducive to maximum safety and optimum work standards. Alcohol and drug
abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased
accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of
city property. The use, possession, manufacture, sale, transportation, or other distribution of
controlled substance or controlled substance paraphernalia and the unauthorized use, possession
transportation, sale, or other distribution of alcohol is contrary to this policy and jeopardizes
public safety.
In response to regulations issued by United States Department of Transportation (“DOT”), the
City has adopted this Policy on Alcohol and Controlled Substances for employees who hold a
commercial driver’s license (CDL) to perform their duties. The City also has a separate Drug-
Free Workplace Policy which applies to all full- and part-time employees and all applicants for
employment who are required to undergo a pre-employment physical.
Given the significant dangers of alcohol and controlled substance use, each applicant and driver
must abide by this policy as a term and condition of hiring and continued employment.
Moreover, federal law requires the City to implement such a policy.
To ensure this policy is clearly communicated to all drivers and applicants, and in order to
comply with applicable federal law, drivers and applicants are required to review this policy and
sign the “Certificate of Receipt” portion.
Because changes in applicable law and the City’s practices and procedures may occur from time
to time, this policy may change in the future, and nothing in this policy is intended to be a
contract, promise, or guarantee the City will follow any particular course of action, disciplinary,
rehabilitative or otherwise, except as required by law. This policy does not in any way affect or
change the status of any at-will employee.
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Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent
over this policy to the extent the policy has not incorporated those revisions.
II. DEFINITIONS
“Accident,” means an occurrence involving a commercial motor vehicle operating on a public
road which results in a fatality; bodily injury to any person who, as a result of the injury,
immediately receives medical treatment away from the scene of the accident; or one or more
motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be
transported away from the scene by a tow truck or other vehicle. The term “accident” does not
include an occurrence involving only boarding and alighting from a stationary motor vehicle; an
occurrence involving only the loading or unloading of cargo; or an occurrence in the course of
the operation of a passenger car or a multipurpose passenger vehicle unless the vehicle is
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; 49 C.F.R. §
382.303(a); 49 C.F.R. § 382.303(f).
“Alcohol Concentration (or Content),” means the alcohol on a volume of breath expressed in
terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 49
C.F.R. § 382.107.
“Alcohol Use,” means the consumption of any beverage, mixture, or preparation, including any
medication, containing alcohol. 49 C.F.R. § 382.107.
“Applicant,” means a person applying to drive a commercial motor vehicle. 49 C.F.R. §
382.107.
“Breath Alcohol Technician” or “BAT,” means an individual who instructs and assists
individuals in the alcohol testing process and operates an evidential breath testing device (EBT).
49 C.F.R. § 40.3.
“City,” means City of Otsego.
“City Premises,” means all job sites, facilities, offices, buildings, structures, equipment,
vehicles and parking areas, whether owned, leased, used or under the control of the City.
“Collection Site,” means a place designated by the City where drivers present themselves for the
purpose of providing a specimen of their urine or breath to be analyzed for the presence of
alcohol or controlled substances. 49 C.F.R. § 40.3.
“Commercial Motor Vehicle,” means a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle (1) has a gross combination
weight rating or gross combination weight of 26,001 or more pounds, whoever is greater,
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inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more
than 10,000 pounds, whichever is greater; or (2) has a gross vehicle weight rating or gross
vehicle weight of 26,001 or more pounds, whichever is greater; or (3) is designed to transport
sixteen (16) or more passengers, including the driver; or (4) is of any size and is used in the
transportation of materials found to be in the transportation of materials found to be hazardous
for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which
require the motor vehicle to be placarded under the Hazardous Materials Regulation. (49 C.F.R.
part 172, subpart F) § 382.107.
“Confirmation (or Confirmatory) Test,” for alcohol testing means a second test, following a
positive non-evidential test, following a positive non-evidential (e.g., saliva) screening test or a
breath alcohol screening test with the result of 0.02 or greater, that provides quantitative data of
alcohol concentration. For controlled substance testing, “Confirmation (or Confirmatory) Test”
means a second analytical procedure to identify the presence of a specific controlled substance or
metabolite which is independent of the screen test and which uses a different technique and
chemical principal from that of the screen test in order to ensure reliability and accuracy. 49
C.F.R. § 382.107.
“Controlled Substance,” means those substances identified in 49 C.F.R. § 40.21(a). Marijuana,
amphetamines, opiates, (including heroin), phencyclidine (PCP), cocaine, and any of their
metabolites are included within this definition. 49 (C.F.R. § 382.107; 49 C.F.R. § 40.21(a).
“Department of Transportation” or “DOT,” means the United States Department of
Transportation.
“DHHS,” means the Department of Health & Human Services or any designee of the Secretary,
Department of Health & Human Services. 49 C.F.R. § 40.3.
“Disabling Damage,” means damage which precludes departure of a motor vehicle from the
scene of the accident in its usual manner in daylight after simple repairs, including damage to
motor vehicles that could have been driven, but would have been further damaged if so driven.
Disabling damage does not include damage which can be remedied temporarily at the scene of
the accident without special tools or parts, tire disablement without other damage even if no
spare tire is available, headlight or tail light damage or damage to turn signals, horn or
windshield wipers which make them inoperative. 49 C.F.R. § 382.107.
“Driver,” means any person who operates a commercial motor vehicle. This includes, but is not
limited to full-time, regularly employed drivers; casual, intermittent or occasional 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 purposes of pre-employment testing, the term driver includes a person
applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107.
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“Drug,” has the same meaning as “controlled substance.”
“Employee seeking a transfer,” refers to an employee who is not subject to DOT regulations
seeking a transfer to a position that will subject them to DOT regulations in the sought after
position.
“Evidential Breath Testing Device” or “EBT,” means a device approved by the National
Highway Traffic Safety Administration (“NHTSA”) for the evidential testing of breath and
placed on NHTSA’s “Conforming Products List of Evidential Breath Measurement Devices.” 49
C.F.R. § 40.3.
“Federal Motor Carrier Safety Administration” or “FMCSA,” means the Federal Motor
Carrier Safety Administration of the United States Department of Transportation.
“Medical Review Officer” or “MRO,” means a licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by a controlled substance
testing program who has knowledge of substance abuse disorders and has appropriate medical
training to interpret and evaluate an individual’s confirmed positive test result together with his
or her medical history and any other relevant biomedical information. 49 C.F.R. § 40.3
“Performing (a Safety-Sensitive Function),” means any period in which a driver is actually
performing, ready to perform, or immediately available to perform any safety-sensitive
functions. 49 C.F.R. § 382.107.
“Positive Test Result,” means a finding of the presence of alcohol or controlled substance, or
their metabolites, in the sample tested in levels at or above the threshold detection levels
established by applicable law.
“Reasonable Suspicion,” means a belief a driver has engaged in conduct prohibited by the
FMCSA controlled substance and alcohol testing regulations, except when related solely to the
possession of alcohol, based on specific contemporaneous, articulable observations made by a
supervisor or City official who has received appropriate training concerning the appearance,
behavior, speech or body odors of the driver. The determination of reasonable suspicion will be
made in writing on a Reasonable Suspicion Record Form during, just preceding, or just after the
period of the work day that the driver is required to be in compliance with t his policy. In the
case of a controlled substance, the observations may include indications of the chronic and
withdrawal effects of a controlled substance.
“Safety-Sensitive Function,” means all time from the time a driver begins to work or is required
to be in readiness to work until the time he or she is relieved from work and all responsibility for
performing work. Safety-sensitive functions include:
• All time at a city plant, terminal, facility, or other property, or on any public
property,
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• All time waiting to be dispatched, unless the driver has been relieved from duty
by the employer;
• All time inspecting equipment as required by 49 C.F.R. § 392.7 and 392.8 or
otherwise inspecting, servicing, or conditioning any commercial motor vehicle at
any time;
• All time spent at the driving controls of a commercial motor vehicle in operation;
• All time, other than driving time, in or upon any commercial motor vehicle except
time spent resting in a sleeper berth ( a berth conforming to the requirements of
49 C.F.R. § 393.76);
• 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; and
• All time repairing, obtaining assistance, or remaining in attendance upon a
disabled vehicle. 49 C.F.R. § 382.107.
“Screening Test (also known as Initial Test),” in alcohol testing, mean an analytical procedure
to determine whether a driver may have a prohibited concentration of alcohol in her or her
system. Screening tests may be conducted by utilizing a non-evidential screening device
included by the National Highway Traffic Administration on its conforming products list (e.g., a
saliva screening device) or an evidential breath testing device (“EBT”) operated by a trained
breath alcohol technician (“BAT”). In controlled substance testing, “Screening Test” means an
immunoassay screen to eliminate “negative” urine specimens form further consideration. 49
C.F.R. § 382.107.
“Substance Abuse Professional” or “SAP,” means a licensed physician (medical doctor or
doctor of osteopathy), licensed or certified psychologist, licensed or certified social worker,
licensed or certified employee assistance professional, or licensed or certified addiction
counselor (certified by the National Association of Alcoholism and Controlled Substance Abuse
Counselors Certification Commission) with knowledge of an clinical experience in the diagnosis
and treatment of alcohol and controlled substance-related disorders. 49 C.F.R. § 382.107.
III. PERSONS SUBJECT TO TESTING & TYPES OF TESTS
All employees are subject to testing whose job duties include performing “safety-sensitive
duties” on City vehicles that:
1. Have a gross combination weight rating or gross combination weight of 26,001 pounds or
more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating
or gross vehicle weight of more than 10,000 pounds, whichever is greater; or
2. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds
whichever is greater; or
3. Are designed to transport 16 or more passengers, including the driver; or
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4. Are of any size and are used in the transportation of materials found to be hazardous for
the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and
which require the motor vehicle to be placarded under the Hazardous Materials
Regulations (49 CFR part 172, subpart F).
The following functions are considered safety-sensitive:
1. all time waiting to be dispatched to drive a commercial motor vehicle
2. all time inspecting, servicing, or conditioning a commercial motor vehicle
3. all time driving at the controls of the commercial motor vehicle
4. all other time in or upon a commercial motor vehicle (except time spent resting in a
sleeper berth)
5. all time loading or unloading a commercial motor vehicle, attending the same, giving or
receiving receipts for shipments being loaded or unloaded, or remaining in readiness to
operate the vehicle
6. all time repairing, obtaining assistance, or attending to a disable commercial motor
vehicle.
The City may test any applicant to whom a conditional offer of employment has been made and
any driver for controlled substance and alcohol under any of the following circumstances:
A. Pre-Employment Testing. All applicants, including current employees seeking a transfer,
applying for a position where duties include performing safety-sensitive duties described above,
will be required to take a drug test prior to the first time a driver performs a safety-sensitive
function for the City. A driver may not perform safety-sensitive functions unless the driver has
received a controlled substance test result from the Medical Review Officer (“MRO”) indicating
a verified negative test result. In addition to pre-employment controlled substance testing,
applicants will be required to authorize in writing former employers to release alcohol test results
of .04 or greater, positive controlled substance test results, refusals to test, other violations of
drug and alcohol testing regulations, and completion of return to duty requirements within the
preceding three years.
All applicants, including current employees seeking a transfer, applying for a position where
duties include performing safety-sensitive duties described above, will be required to take an
alcohol test prior to the first time a driver performs a safety-sensitive function for the City, but
only after a conditional offer of employment has been made. No applicant, including current
employees seeking a transfer, will perform safety-sensitive functions unless the driver has
received an alcohol test result from the MRO indicating a test result of .02 or less Blood Alcohol
Content (“BAC”).
The City will contact the candidate’s DOT regulated previous and current employers within the
last three years for drug and alcohol test results as referenced above, and review the testing
history if feasible before the employee first performs safety-sensitive functions for the City.
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B. Post-Accident Testing. As soon as practicable following an accident involving a
commercial motor vehicle operating on a public road, the City will test each surviving driver for
controlled substances and alcohol when the following occurs:
• The accident involves a fatality or
• The driver receives a citation for a moving traffic violation from the accident and
an injury is treated away from the accident scene or
• The driver receives a citation for a moving traffics violation from the accident and
a vehicle is required to be towed from the accident scene.
The following chart summarizes when DOT post-accident testing needs to be conducted:
Type of accident involved
Citation issued to
the DOT covered
CDL driver?
Test must be performed
by the City
i. Human fatality
YES YES
NO YES
ii. Bodily injury with immediate
medical treatment away from
the scene
YES YES
NO NO
iii. Disabling damage to any YES YES
motor vehicle requiring tow NO NO
away
A driver subject to post-accident testing must remain readily available or the driver will be
deemed to have refused to submit to testing. This requirement to remain ready for testing does
not preclude 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 medical care.
Post – Accident Controlled Substance Testing
Drivers are required to submit a urine sample for post-accident controlled substance testing as
soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the
City will cease its attempts to test the driver and prepare and maintain on file a record stating
why the test was not promptly administered.
Post- Accident Alcohol Testing
Drivers are required to submit to post-accident alcohol testing as soon as possible. After an
accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested
within two (2) hours after the accident, the City will prepare and maintain on file a record stating
why the test was not administered within that time. If eight hours have elapsed since the
accident and the driver has not submitted to an alcohol test, the City will cease its attempts to test
the driver and prepare and maintain on file a record stating why the test was not administered.
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The City may accept the results of a blood or breath test in place of an alcohol test and urine test
for the use of controlled substances if:
• The tests are conducted by federal, state, or local officials having independent authority
for the test, and
• The tests conform to applicable federal, state, or local testing requirements, and
• The test results can be obtained by the City.
Whenever such a test is conducted by a law enforcement officer, the driver must contact the City
and immediately report the existence of the test, providing the name, badge number, and
telephone number of the law enforcement officer who conducted the test.
C. Random Testing. Every driver will be subject to unannounced alcohol and controlled
substance testing on a random selection basis. Drivers will be selected for testing by use of a
scientifically valid method under which each driver has an equal chan ce of being selected each
time selections are made. These random tests will be conducted throughout the calendar year.
Each driver who is notified of selection for random testing must cease performing safety -
sensitive functions and report to the designated test site immediately. It is mathematically
possible drivers may be selected be picked and tested more than once, and others not at all
If a driver is selected for a random test while he or she is absent, on leave or away from wo rk,
that driver may be required to undergo the test when he or she returns to work.
For 2014, federal law requires the City to test at a rate of at least fifty percent (50%) of its
average number of drivers for controlled substance each year, and to test at a rate of at least ten
percent (10%) of its average number of drivers for alcohol each year. These minimum testing
rates are subject to change by the DOT.
D. Reasonable Suspicion Testing. When a supervisor has reasonable suspicion to believe a
driver has engaged in conduct prohibited by federal law or this policy, the City will require the
driver to submit to an alcohol and/or controlled substance test.
The City’s determination that reasonable suspicion exists to require the driver to undergo an
alcohol test will be based on “specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech, or body odors of the driver.” In the case of controlled substance,
the observations may include indications of the chronic and withdrawal effects of a controlled
substance.
The required observations for reasonable suspicion testing will be made by a supervisor or other
person designated by the City who has received appropriate training in identification of actions,
appearance and conduct of a driver which are indicative of the use of alcohol or controlled
substance. These observations leading to an alcohol or controlled substance test will be reflected
in writing and signed by the supervisor who made the observations. The record will be retained
by the City. The person who makes the determination that reasonable suspicion exists to conduct
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testing, will not be the person conducting the testing, which shall instead be conducted by
another qualified person.
Alcohol testing is authorized only if the observations are made during, just before, or just after
the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not
administered within two (2) hours following the determination of reasonable suspicion, the City
will prepare and maintain on file a record stating the reasons the alcohol test was not promptly
administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours
following the determination of reasonable suspicion, the City will prepare and maintain on file a
record stating the reasons the alcohol test was not administered, and will cease attempts to
conduct the alcohol test.
Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or
remain on duty requiring the performance of safety-sensitive functions while the driver is under
the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance
indicators of alcohol use, nor will the City permit the driver to perform or continue to perform
safety-sensitive functions until (1) an alcohol test is administered and the driver’s alcohol
concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the
determination of reasonable suspicion.
E. Return-to-Duty Testing. The City reserves the right to impose discipline against drivers
who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel
policy and collective bargaining agreements. Except as otherwise required by law, the City is
not obligated to reinstate or requalify such drivers for a first positive test result.
Should the City consider reinstatement of a DOT covered driver, the driver must undergo a
Substance Abuse Professional (“SAP”) evaluation and participate in any prescribed
education/treatment, and successfully complete return-to-duty alcohol test with a result
indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a
verified negative result, before the driver returns to duty requiring the performance of a safety -
sensitive function. The SAP determines if the driver has completed the education/treatment as
prescribed.
The employee is responsible for paying for all costs associated with the return-to-duty test. The
controlled substance test will be conducted under direct observation.
F. Follow-Up Testing. The City reserves the right to impose discipline against drivers who
violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies
and collective bargaining agreements. Except as otherwise required by law, the City is not
obligated to reinstate or requalify such drivers.
Should the City reinstate a driver following a determination by a Substance Abuse Professional
(SAP) that the driver is in need of assistance in resolving problems associated with alcohol use
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and/or use of controlled substance, the City will ensure that the driver is subject to unannounced
follow-up alcohol and/or controlled substance testing. The number and frequency of such
follow-up testing will be directed by the SAP and will consist of at least six (6) tests in the first
twelve (12) months following the driver’s return to duty. Follow-up testing will not exceed sixty
(60) months from the date of the driver’s return to duty. The SAP may terminated the
requirement for follow-up testing at any time after the first six tests have been administered, if
the SAP determines such test is no longer necessary. The employee is responsible for paying for
all costs associated with follow-up tests.
Follow-up alcohol testing will be conducted only when the driver is performing safety-sensitive
functions, or immediately prior to or after performing safety-sensitive functions.
G. Cost of Required Testing. The City will pay for the cost of pre-employment, post-
accident, random, and reasonable suspicion controlled substance and alcohol testing requested or
required of all job applicants and employees. The driver must pay for the cost of all requested
confirmatory re-tests, return-to-duty, and follow-up testing.
IV. REQUIRED PRIOR CONTROLLED SUBSTANCE AND ALCOHOL
CHECKS FOR APPLICANTS
The City will conduct prior drug and alcohol checks of applicants for employment to drive a
commercial motor vehicle. Applicants must execute a consent form authorizing the City to
obtain the required information. The City will obtain (pursuant to the applicant’s written
consent) information on the applicant’s alcohol test with a concentration result of 0.04 or greater,
positive controlled substance test results, and refusals to be tested within the preceding three (3)
years which are maintained by the applicant’s previous employers. The City will obtain all
information concerning the applicant which is maintained by the applicant’s previous employers
within the preceding three (3) years pursuant to DOT and FMCSA controlled substance and
alcohol testing regulations. The City will review such records, if feasible, prior to the first time a
driver performs safety-sensitive functions.
V. PROHIBITED CONDUCT
The following conduct is explicitly prohibited by applicable DOT and FMCSA regulations and
therefore constitutes violation of City policy.
A. Under the influence of alcohol when reporting for duty or while on duty. No driver may
report for duty or remain on duty requiring the performance of safety -sensitive functions while
having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or remaining on
duty to perform safety-sensitive functions while having an alcohol concentration of 0.02, but less
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than 0.04, will be removed from duty for 24 hours, escorted home and placed on vacation leave
for hours missed from work.
B. On-Duty Use of Alcohol. No driver may use alcohol while performing safety-sensitive
functions.
C. Pre-Duty Use of Alcohol. No driver may perform safety-sensitive functions within four
(4) hours after using alcohol. If an employee has had alcohol within four hours, they are to
notify their supervisors before performing any safety-sensitive functions.
D. Alcohol Use Following an Accident. No driver required to take a post-accident alcohol
test may use alcohol for eight (8) hours following the accident, or until the driver undergoes a
post-accident alcohol test, which ever occurs first.
E. Refusal to Submit to a Required Alcohol or Controlled Substance Test. No applicant or
driver may refuse to submit to pre-employment, post-accident, random, reasonable suspicion or
follow-up alcohol or controlled substance testing.
In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled
substance testing, no test will be conducted. Refusal by a driver to submit to controlled
substance or alcohol testing will be considered a positive test result, will cause disqualification
from performing safety-sensitive functions, and may appear on the driver’s permanent record.
Drivers who refuse to submit to testing will be subject to discipline , up to an including
termination. If an applicant refuses to submit to pre-employment controlled substance testing,
any applicable conditional offer will be withdrawn.
For purposes of this section, a driver is considered to have refused to submit to an alcohol or
controlled substance test when the driver:
• Fails to provide adequate breath for alcohol testing without a valid medical explanation
after he or she has received notice of the requirement for breath testing.
• Fails to provide adequate urine for controlled substance testing without a genuine
inability to provide a specimen (as determined by a medical evaluation), after he or she
has received notice of the requirement for urine testing.
• Fails to report for testing within a reasonable period of time, as determined by the City.
• Fails to remain at a testing site until testing is complete.
• In the case of directly observed or monitored collection, fails to permit observation or
monitoring.
• Fails or declines to take a second test as required by the City and/or collector.
• Fails to undergo a medical examination as directed by the City pursuant to federal law.
• Refuses to complete and sign the alcohol testing form, to provide a breath or saliva
sample, to provide an adequate amount of breath, or otherwise cooperate in any way that
prevents the completion of the testing process.
• Engages in conduct that clearly obstructs the test process.
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F. Altering or attempting to alter a urine sample or breath test. A driver altering or
attempting to alter a urine sample or controlled substance test, or substituting or attempting to
substitute a urine sample, will be subject to providing a specimen under direct observation. Both
specimens will be subject to laboratory testing. In such case, the employee may be subject to
immediate termination of employment and any job offer made to an applicant will be
immediately withdrawn.
G. Controlled Substance Use. No driver may report for duty or remain on duty requiring the
performance of safety-sensitive functions when the driver uses any controlled substance, except
when the use is pursuant to the instructions of a licensed medical practitioner who has advised
the driver in writing the substance does not adversely affect the driver’s ability to safely operate
a commercial motor vehicle. Drivers must forward this information regarding therapeutic
controlled substance use to the City immediately after receiving any such advice.
Having a medical marijuana card and/or a cannabis prescription from a physician does not allow
anyone to use or possess that drug in the city’s workplace. The federal government still
classifies cannabis as an illegal drug. There is no acceptable concentration of marijuana
metabolites in the urine or blood of an employee who performs safety-sensitive duties for
the City. Employees are still subject to being tested under our policies, as well as for being
disciplined, suspended or terminated after testing positive for cannabis while at work.
H. Controlled Substance Testing. No driver may report for duty, remain on-duty or perform
a safety-sensitive function if the driver tests positive for controlled substance.
VI. COLLECTION AND TESTING PROCEDURES
Drivers are required to report immediately upon notification to the collection site. For random
tests conducted off site, employees may use a City vehicle to drive to the collection site. Drivers
will be expected to provide a photo ID card for identification to the collection staff. All drivers
will be expected to cooperate with collection site personnel request to remove any unnecessary
outer garments such as coats, sweaters or jackets and will be required to empty their pockets.
Collection personnel will complete a Federal Custody and Control Form (“CCF”) which drivers
providing a sample will sign as well.
A. Alcohol Testing. Employees will be tested for alcohol just before, during, or
immediately following performance of a safety-sensitive function. If a driver is also taking a
DOT controlled substance test, generally speaking, the alcohol test is completed before the urine
collection process begins. Screening tests for alcohol concentration will be performed utilizing a
non-evidential screening device included by the National Highway Traffic Safety Administration
on its conforming products list (e.g., a saliva screening device) or an evidential breath testing
device (“EBT”) operated by a trained breath alcohol technician (“BAT”) at a collection site. An
alcohol test usually takes approximately 15 minutes if the result is negative. If a driver’s first
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attempt is positive (with an alcohol concentration of .02 or greater), the driver will be asked to
wait at least 15 minutes and then be tested again. The driver may not eat, drink or place anything
in his/her mouth (e.g., cigarette, chewing gum) during this time. All confirmation tests will be
conducted in a location that affords privacy to the driver being tested, unless unusual
circumstances (e.g., when it is essential to conduct a test outdoors at the scene of an accident)
make it impracticable to provide such privacy. Any results less than 0.02 alcohol concentration
is considered a “negative” test result.
If the driver attempts and fails to provide an adequate amount of breath, he/she will be referred to
a 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 City by the collection site staff.
B. Controlled Substance Testing. The City will use a “split urine specimen” collection
procedure for controlled substance testing. Collection of urine specimens for controlled
substance testing will be conducted by an approved collector and will be conducted in a setting
and manner to ensure the driver’s privacy.
Controlled substance testing generally takes about 15 minutes. At the collection site, the driver
will be given a sealed container and must provide at least 45 ml of urine for testing. Once the
sample is provided the collection personnel will check the temperature and color and look for
signs of contamination. The urine is then split into two separate specimen containers (A, or
“primary,” and B, or “split”) with identifying labels and security seals affixed to both. The
collection facility will be responsible for maintaining a proper chain of custody for delivery of
the sample to a DHHS-certified laboratory for analysis. The laboratory will retain a sufficient
portion of any positive sample for testing and store that portion in a scientifically-acceptable
manner for a minimum 365-day period.
If an employee fails to provide a sufficient amount of urine to permit a controlled substance test
(45 milliliters of urine), the collector will discard the insufficient specimen, unless there is
evidence of tampering with that specimen. The collector will urge the driver to drink up to 40
ounces of fluid, distributed reasonably over a period of up to three hours, or until the driver has
provided a sufficient urine specimen, whichever occurs first. If the driver has not provided a
sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease
efforts to attempt to obtain a specimen. The driver must then obtain, within five calendar days,
an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the
medical issues raised by the employee’s failure to provide a sufficient specimen. If the licensed
physician concludes the driver has a medical condition, or with a high degree of probability
could have, precluded the driver from providing a sufficient amount of urine, the City will
consider the test to have been canceled. If a licensed physician cannot make such a
determination, the City will consider the driver to have engaged in a refusal to test, and will take
appropriate disciplinary action under this policy.
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The primary specimen is used for the first test. If the test is negative, it is reported to the MRO
who then reports the result, following a review of the CCF Form for compliance, to the City. If
the initial result is positive or non-negative, a “confirmatory retest” will be conducted on the
primary specimen. If the confirmatory re-test is also positive, the result will be sent to the MRO.
The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the
driver directly, the MRO must contact the City who will direct the driver to contact the MRO.
VII. REVIEW OF TEST RESULTS
The MRO is a licensed physician with knowledge and clinical experience in substance abuse
disorders, and is responsible for receiving and reviewing laboratory results of the controlled
substances test as well as evaluating medical explanations for certain drug test results. Prior to
making a final decision to verify a positive test result, the MRO will give the driver or the job
applicant an opportunity to discuss the test result, typically through a phone call. The MRO, or a
staff person under the MRO’s supervision, will contact the individual directly, on a confidential
basis, to determine whether the individual wishes to discuss the test result. If the employee or job
applicant wishes to discuss the test result:
• The individual may be required to speak and/or meet with the MRO, who will review the
individual’s medical history, including any medical records provided.
• The individual will be afforded the opportunity to discuss the test results and to offer any
additional or clarifying information which may explain the positive test result. If the
employee or job applicant, believes a mistake was made at the collecti on site, at the
labor, on a chain-of-custody form, or that the drug test results are caused by lawful
substance use, the employee should tell the MRO.
• If there is some new information which may affect the original finding, the MRO may
request the laboratory to perform additional testing on the original specimen in order to
further clarify the results; and
• A final determination will be made by the MRO that the test is either positive or negative,
and the individual will be so advised.
If the MRO upholds the positive, adulterated or substituted drug determination, that test result
will be provided to the City. There is no opportunity to explain a positive alcohol test provided
in the DOT regulations.
The driver can request the MRO to have the split specimen (the second “B” container) tested at
the driver’s expense. This includes all costs that may be associated with the re-test. There is no
split specimen testing for an invalid result. The driver has 72 hours after they have been notified
of the positive result to make this request. If the employee requests an analysis of the split
specimen, the MRO will direct the laboratory to send the split specimen to another certified
laboratory for analysis.
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If an employee has not contacted the MRO within 72 hours, the employee may present
information documenting that serious injury, illness, lack of actual notice of the verified test
result, inability to contact the MRO, or other circumstances unavoidably prevented the employee
from making timely contact. If the MRO concludes there is legitimate explanation for the
employee’s failure to contact within 72 hours, the MRO will direct the analysis of the split
specimen.
If the results of the split specimen are negative, the City may pay for all costs associated with the
rest and there will be no adverse action taken against the employee or job applicant.
VIII. NOTIFICATION OF TEST RESULTS
A. Employees. The City will notify a driver of the results of random, reasonable suspicion,
and post-accident tests for controlled substance if the test results are verified positive, and will
inform the driver which controlled substance or substances were verified as positive. Results of
alcohol tests will be immediately available from the collection agent.
B. Right to Confirmatory Retest. Within seventy-two (72) hours after receiving notice of a
positive controlled substance test result, an applicant or driver may request through the MRO a
re-analysis (confirmatory retest) of the driver’s split specimen. Action required by federal
regulation as a result of a positive controlled substance test (e.g., removal from safety -sensitive
functions) will not be stayed during retesting of the split specimen. If the result of the
confirmatory retest fails to reconfirm the presence of the controlled substance(s) or controlled
substance metabolite(s) found in the primary specimen, or if the split specimen is unavailable,
inadequate for testing or untestable, the MRO will cancel the test.
C. Dilute Specimens
• Dilute Negatives
Creatinine concentration of specimen is equal to or greater than 2 mg/dL, but less
than or equal to 5 mg/dL
If the City receives information that a driver has provided a dilute negative
specimen, the City will direct a recollection, pursuant to the MRO’s direction,
under direct observation.
• Creatinine concentration of specimen is greater than 5mg/dL
If the MRO advises the City that the employee’s dilute negative specimen
contains a creatinine concentration greater than five mg/dL, the City will direct
the driver to take a second screening test, not under direct observation. The
second screening test will be performed as soon as possible after the City receives
word of the dilute negative specimen.
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IX. CONSEQUENCES FOR DRIVERS ENGAGING IN PRO HIBITED
CONDUCT
A. Job Applicants. Any applicable conditional offer of employment will be withdrawn from
a job applicant or employee seeking a transfer who refuses to be tested or tests positive for
controlled substance pursuant to this policy.
B. Employees. Drivers who are known to have engaged in prohibited behavior with regard
to alcohol misuse or use of controlled substance, as defined earlier in this policy, are subject to
the following consequences:
1. Removal from Safety-Sensitive Functions
No driver may perform safety-sensitive functions, including driving a
commercial motor vehicle, if the driver has engaged in conduct prohibited by
federal law.
No driver who is found to have an alcohol concentration of 0.02 or greater but
less than 0.04 may perform or continue to perform safety-sensitive functions
for the City, including driving a commercial motor vehicle, until the start of
the driver’s next regularly scheduled duty, but not less than twenty-four (24)
hours following administration of the test.
If a driver tests positive under this policy, or is found to have an alcohol
concentration of .02 or greater but less than .04, the driver will be removed
from safety sensitive duties and escorted home; the driver should not drive
home, but be escorted to his or her home. The driver will then be placed on
vacation leave for hours missed from work.
2. Notification of Resources Available
The City will advise each driver who has engaged in conduct prohibited by
federal law or who has a positive alcohol or controlled substance test of the
resources available to the driver in evaluating and resolving problems
associated with the misuse of alcohol and use of a controlled substance,
including the names, addresses, and telephone numbers of Substance Abuse
Professionals and counseling and treatment programs. The City will provide
this SAP listing in writing at no cost to the driver.
3. Discipline
The City reserves the right to impose whatever discipline the City deems
appropriate in its sole discretion, up to and including termination for a first
occurrence, against drivers who violate applicable FMCSA or DOT rules or
this policy, subject to applicable personnel policies and collective bargaining
agreements. Except as otherwise required by law, the City is not obli gated to
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reinstate or requalify such drivers following a first positive confirmed
controlled substance or alcohol test result.
4. Evaluation, and Return to Duty Testing
Should the City wish to consider reinstatement of a driver who engaged in
conduct prohibited by federal law and/or who had a positive alcohol or
controlled substance test, the driver must undergo a SAP evaluation,
participate in any prescribed education/treatment, and successfully complete
return-to-duty alcohol test with a result indicating an alcohol concentration of
less than 0.02 and/or or a controlled substance test with a verified negative
result, before the driver returns to duty requiring the performance of a safety-
sensitive function. The SAP will determine what assistance, if any, the driver
needs in resolving problems associated with alcohol misuse and controlled
substance use and will ensure the driver properly follows any rehabilitation
program and submits to unannounced follow-up alcohol and controlled
substance testing.
5. Follow-Up Testing
If the driver passes the return-to-duty test, he/she will be subject to
unannounced follow-up alcohol and/or controlled substance testing. The
number and frequency for such follow-up testing will be as directed by the
SAP and will consist of at least six tests in the first twelve months. These tests
will be conducted under direct observation.
6. Refusal to test
All drivers and applicants have the right to refuse to take a required alcohol
and/or controlled substance test. If an employee refuses to undergo testing,
the employee will be considered to have tested positive and may be subject to
disciplinary action, up to and including termination. Refer to Refusing to Test
provided earlier in this policy.
7. Responsibility for Cost of Evaluation and Rehabilitation
Drivers will be responsible for paying the cost of evaluation and rehabilitation
(including services provided by a Substance Abuse Professional)
recommended or required by the City or FMCSA or DOT rules, except to the
extent that such expense is covered by an applicable employee benefit plan or
imposed on the City pursuant to a collective bargaining agreement.
8. Reporting to the FMCSA’s CDL Drug and Alcohol Clearinghouse
In accordance with the Federal Motor Carrier Safety Administration’s
(FMSCA) Commercial Driver’s License (CDL) Drug and Alcohol
Clearinghouse reporting requirements beginning January 6, 2020, the City
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will report the following information to the Clearinghouse within three
business days:
• A DOT alcohol confirmation test result with an alcohol concentration of
0.04 or greater;
• A negative DOT return-to-duty test result;
• The driver’s refusal to submit to a DOT test for drug or alcohol use;
• Actual knowledge a driver has used alcohol or controlled substances,
based on the employer’s direct observation, information provided by the
driver’s previous employer(s), a traffic citation for driving a CMV while
under the influence of alcohol or controlled substances, or an employee’s
admission of alcohol or controlled substance abuse except as provided in §
382.121) of:
o On duty alcohol use pursuant to § 382.205;
o Pre-duty alcohol use pursuant to § 382.207;
o Alcohol use following an accident pursuant to § 382.209;
o Controlled substance use pursuant to § 382.213;
• Employers will also report negative return-to-duty (RTD) test results and
the successful completion of a driver’s follow-up testing plan as ordered
by a SAP.
X. LOSS OF CDL LICENSE FOR TRAFFIC VIOLATIONS IN
COMMERCIAL AND PERSONAL VEHICLES
Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license
holders can lose their CDL for certain traffic offenses in a commercial or personal vehicle.
Employees are required to notify their supervisor immediately if the status of their CDL license
changes in any way.
XI. MAINTENANCE AND DISCLOSURE OF RECORDS
Except as required or authorized by law, the City will not release driver’s information that is
contained in records required to be maintained by this policy or FMCSA and DOT regulations.
In addition, a driver is entitled, upon written request, to obtain copies of any records pertaining to
the driver’s use of alcohol or a controlled substance, including any records pertaining to his or
her alcohol or controlled substance tests.
XII. POLICY CONTACT FOR ADDITIONAL INFORMATION
If you have any questions about this policy or the City’s controlled substance and alcohol testing
procedures, you may contact your immediate supervisor to obtain additional information.
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CERTIFICATE OF RECEIPT
I have read and understand the terms of the City's Drug-Free Workplace Policy. I have been
given the opportunity to ask any questions that I had regarding this policy.
____________________________
Employee Name (Please Print)
____________________________________
Employee Signature Date
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2022-11
APPROVING A REVISED
DRUG AND ALCOHOL TESTING POLICY FOR COMMERCIAL DRIVERS
WHEREAS, the City previously adopted a Drug and Alcohol Testing Policy for Commercial Drivers on May 26,
2015; and
WHEREAS, the City has made certain revisions within the policy; and
WHEREAS, the City has found the need for the policy to be updated to reflect changing federal laws; and
WHEREAS, the City Council has met to discuss and review the revised policy; and
WHEREAS, the City Council has determined that the revised policy shall be in force and effect upon the date
of adoption of this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. That the revised Drug and Alcohol Testing Policy for Commercial Drivers as attached hereto is hereby
adopted effective immediately.
2. That the following City policies previously adopted are no longer in force and effect:
a. Drug and Alcohol Testing Policy for Commercial Drivers; adopted May 26, 2015.
2
ADOPTED by the Otsego City Council this 24th day of January, 2022.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra J. Etzel, City Clerk