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
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Introduced for
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_ First Reading Page _ of _
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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
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I CLAR
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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.
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