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HomeMy WebLinkAbout2006-12-27 07-048 ORDERbasis No, 07 048 Date: 12-27-06 Item/Subject: ORDER, Amending the Drug and Ncolol Testing Policy far Safety Sensitive Positions Subject to Federal Transit Administration Regulations Responsible DeparbnetH: Executive In July 2006, the City Council adopted a new Drug and Alcohol Testing Policy for Safety Sensitive Positions mbject to Federal Transit Administration requirements. The Policy covers matters at BAT/Community WnneMr and Fleet Malnumance. Asubsequentprogramcomplianceauditby Me FTA revealed one area of defklency which ImroNed negative -dilute test results. The attached Order will correct the deficiency for negadveEilute rest results by including a re -testing procedure for negative -dilute random, return to work, and follow-up drug tests. The remainder of the Policy will continue to be in effect as adopted. This amendment was reviewed and recommended for approval by the Govemmem Operations Committee at Its meeting on December Ir. The vote was 3-0 (Hawes, Mmco, and Allen) Depannent Head Manager's Comments: Recommend approval. Order, Memorandum Budget Approval: - Finance Director /�/"IM �11� Introduced for A Passage - Conserv _ First Reading Page _ of _ Referral M Anigaoto CO filar D'Eiiico 0eceu6ex 27, 2006 CITY OF BANGOR (TITLE.) DRDER, Amending the Drug and Alcohol Testing Policy for Safety Sensitive Positions Subject to Federal Transit Administation Regulations WHEREAS, Council Omer 06-273 adopted a new Drug and Alcohol Testing Policy for safety sensitive positions subject to Federal Transit Administration (FTA) regulations; and WHEREAS, a subsequent program compliance audit conducted by Me FTA revealed one deficiency in the policy; and WHEREAS, the FTA has recommended that the Oty amend the policy to provide a corrected procedure for negative -dilute test results; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the Drug and Alcohol Testing Policy for Safety Seraffive Positions (Council Omer 06-273) is hereby amended by adding the following language to Section 1, Paragraph 4: test result is attained durin nt random,ret im to duty foloiwup rearm,thea licant or employee Wil be resuired M take another test immediately. This nd test mall become a test of recand and will not be conducted rvadon unless ifeve is another basis V use of direct ohserva' IN CITY COUNCIL December 27, 2006 ea66� n • e I CLAR 0A0E H aiTLAa Anendinc the Dtu¢ and B Oc i Tenting Policy for Safety Sensitive Position Subject to Federal Transit 6dntnietration Negulerlons a., To: Government Operations Committee From: Robert W. Farrar, Assistant City Manager/Human Resources Director subject: Drug and Alcohol Testing Polley Amendment Date: December 8, 2006 A recent audit Of the CIO Drug and Alrohol Policy for safety sensitive positions subject to Federal Transit Administration regulations has Identified one de0ciency reganiing a nega0ve-dilute test results. The Poli was adopted by Council Order 06-2731n July 2006. The arrant policy language references that only pre- employment nagauve-dilute tests wig require immediate retesting. Federal law requires that adopted policies contain language referencing procedures for negativedilule testing In all types of testing sibutions. The Policy inadvertently excluded negative -dilute testing Procedures for random, return to duty or follow. up testing. The following proposed amendment to the Polity All Wre the omission: Add the folWng to section j, Drug Testing Procedures, Paragraph 4 of the Drug and Alcohol Testing Policy for FfA Safety Sensitive Positions: If a negative-0Ilure test result is obtained during any preemployment, random, return W duty Or follow-up tasting, the applicant or employee will be required to talcs another test Immediately. This second test MR become the test of record, and win not be conducted under direct ObaeN3tion, unless there Is another basis for use of direct observation. Once this Polley amendment is approved by the qty Council, it x711 be submitted W the federal Transit Administration far acceptance. Your approval Of this Policy amendment Is recommended. O7�Q48 23