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HomeMy WebLinkAboutCAG1995-0031 - Other - AFSCME 1995-1997 Labor Agreement - 02/01/1996 - MOU - Drug Test Procedures Records M -gemer _ KENT =_ �� Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: AFSCME Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Memorandum of Understanding - Drug Test Procedures Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 2/01/1996 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: S. Viseth Department: ES Detail: (i.e. address, location, parcel number, tax id, etc.): S.Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 F MEMORANDUM OF UNDERSTANDING By and Between The City of Kent And AFSCME Local 21-K The parties have met to discuss the impacts of the Department of Transportation (DOT) and Federal Highway Administration (FHA) regulations regarding Drug and Alcohol Testing procedures for employees who possess a commercial drivers license (CDL) or who perform a safety sensitive function The attached policy is intended to represent the parties understanding and agreement on Substance Abuse Testing for all employees in the unit who are required to possess a commercial drivers license. Signed this s� day of Jwmary, 1996. yob rua rr.� For the City: / For the Union. ue Viseth, Human Resources Director Rob Sprague, toff Representative City of Kent AFSCME, Local 21-K Karen Ford, Human Resources Analyst ✓Tammy WQueeney, President' 94 . Ciaccio Nee, Stewafd CITY OF KENT POLICY AND PROCEDURES NUMBER: 2.4.1 EFFECTIVE DATE: January 1, 1996 SUBJECT: SUBSTANCE ABUSE SUPERSEDES. New POLICY APPROVED. T hite, Mayor POLICY: It is the policy and intent of the City to maintain a safe and healthy working environment for all employees,to ensure efficient and safe community service, to protect employees and the City from liability, to safeguard City property and assets, and to comply with all applicable laws and regulations governing substance abuse. The City is committed to a substance-free workplace and has an obligation to ensure public safety and trust in its services and programs. Accordingly, the manufacture, distribution, dispensation, • possession or use of a controlled substance, the unauthorized use of prescription drugs, drugs not medically authorized, or the use of any other substance, including alcohol, which would impair job performance or pose a hazard to the safety and welfare of the employee, the public, or other employees is strictly prohibited Employees who possess or use substances in violation of this Policy are subject to disciplinary measures up to and including termination It is imperative that employees who abuse substances, as defined in the Policy, be aware of the seriousness of such misconduct and the potential penalties. In addition to law enforcement measures that would be invoked for criminal violations, such employees are subjecting themselves to major discipline because of the serious safety, health, and service risks that they create By avoiding substance abuse, such risks and penalties may be averted All employees are strongly urged to follow the guidelines in this Policy and utilize rehabilitation services if substance abuse is a personal problem 2.4.1.1 COVERAGE This Substance Abuse Policy applies to all City employees as defined in City Policy. It includes individuals at all levels and in all capacities (P\policies\substab wpd-01/11/96) II-1 SUBSTANCE ABUSE POLICY NUMBER 2 4.1 2.4.1.2 RESPONSIBILITY A. Management: Management personnel for the City are responsible for taking immediate action in compliance with this Policy and applicable procedures. To accomplish the Policy's purpose. all managers and supervisors must treat compliance as a lugh priority. B. Employees: Employees must comply with this Policy as a condition of employment. Employees are required to notify the City of any criminal drug statute conviction for a violation relating to the workplace no later than five(5)days after such conviction,no contest. or sentence. Employees must cooperate with applicable testing procedures presented in this Policy. Employees who test positive for substance use are subject to discipline and continued testing if the City elects to continue employment. Employees are urged to seek appropriate assistance for substance abuse problems on their own so they can avoid the safety, service. and disciplinary issues regulated by this Policy. The City's Human Resources Department will provide information on available rehabilitation programs to employees who test positive and to others upon request. • Regardless of any substance dependency, all employees at all levels must maintain adequate job performance as normally required by the City. C. The City- The City is responsible for instituting and maintaining a program designed to achieve a substance-free workplace and complying with all appropriate laws and regulations The City accepts the responsibility of educating employees about the dangers and adverse effects of substance abuse. It also accepts the responsibility of training management personnel in the appropriate implementation of this Policy and its procedures and to alert employees to the significance of this Policy. As appropriate. the City will coordinate and negotiate with union representatives. D Human Resources: The City Human Resources Department is responsible for taking the necessary steps to ensure that employees. supervisors. and managers. performing work or providing services on City property, or on behalf of the Citv. compk with this Policy and all applicable laws and regulations so that safety, liability reduction, and public service concerns are met • (P\policies\substab wpd-01/11/96) II-2 • SUBSTANCE ABUSE POLICY NUMBER: 2.4 1 E. Medical Review Officer: The City has designated a licensed physician with knowledge of substance abuse disorders and appropriate medical training to serve as its Medical Review Officer("MRO"). The MRO shall interpret drug test results for the City. F. Substance Abuse Professional: The City has designated a substance abuse professional with knowledge of substance abuse disorders and appropriate medical training to serve as its Substance Abuse Professional The SAP shall determine whether employees who fail a drug or alcohol test or refuse to submit to such a test need assistance in resolving problems associated with substance abuse The S AP will recommend a course of action to such employees The SAP will be responsible to assure that the employee follows through with the recommendation. The SAP shall also determine the frequency and duration of follow-up testing for such employees who are permitted by the City to return to work. . 2.4.1.3 EDUCATION AND TRAINING: The City shall provide information to all employees regarding the dangers and adverse effects of substance abuse. Employees may obtain additional information by contacting the Human Resources Department. or by calling the City's Employee Assistance Program Provider. Maschhoff Barr and Associates at 1-800-523-5668 Employees required to maintain a CDL will receive at least 2 hours of training on the effects and consequences of prohibited substance use on personal health, safety. and the work environment and on the signs and symptoms which may indicate substance abuse. Super-visors and managers who make reasonable suspicion determinations shall receive at least 2 hours of training on the physical, behavioral, and performance indicators of probable substance abuse Within appropnate resources, the City will make training available for other employees to help prevent substance abuse problem situations and appropriately deal with such problems should they occur. 2.4 1.4 PROHIBITED ACTIVITY A. Alcohol: The use or possession of alcohol dunng working hours, on City property or in City vehicles (P\pohcieslsubstab wpd-01/11/96) I1-3 • SUBSTANCE ABUSE POLICY NUMBER: 2.41 is prohibited. Employees are not permitted to report for work or perform any City business while under any influence of alcohol Employees are prohibited from consuming alcohol within 4 hours prior to performing safety-sensitive functions. If the City learns that an employee has consumed alcohol within 4 hours prior to commencing work. the employee will not be permitted to perform safety-sensitive functions. Employees who have a blood alcohol concentration of 0.02 to 0 04 are prohibited from performing in a safety-sensitive function. However, test results between 0.02 to 0 04 are not considered "positive" tests and the employee may return to duty once their blood alcohol level tests below 0.02 or at their next scheduled shift (provided it is not less than 24 hours following the test) Employees would not be subject to follow-up testing or substance abuse professional evaluation. Employees who have a blood alcohol concentration of 0 04 or greater are also prohibited from performing in a safety-sensitive function. Employees shall be subject to a substance abuse professional evaluation and follow-up testing. Employees on mandatory standby duty are prohibited from consuming alcohol during the time they are on standby. A standby emplovee who does consume alcohol prior to being called in . shall acknowledge the use of alcohol and his/her inability to perform safety-sensitive functions. If an employee who voluntarily acknowledges consuming alcohol while on standby insists that s/he is not impaired, the employee must take an alcohol test and have an alcohol level of less than 0.02 before being allowed to perform safety-sensitive functions Employees that have a blood alcohol concentration of 0 02 to 0.04 are also prohibited from performing a duty requiring operation of a commercial motor vehicle. B Druas- The manufacture, distribution. dispensation,possession, or use of a controlled substance. drug not medically authorized. or other substances that could impair job performance or pose a hazard to the safety and welfare of the employee,the public, or other employees is prohibited. An employee is not permitted to report to work or perform any City business while under any influence of any drug, including medically authorized or over-the-counter drugs, that could impair work performance Employees must report the medical use of drugs or other substances that can impair job performance to their supervisor and provide proper written medical authorization to safely perform work from a licensed practitioner. physician. or dentist. The City may request a second opinion from a licensed practitioner, physician or dentist prior to allowing the employee to perform a safety sensitive function (P•lpolicieslsubstab wpd-01/11/96) II-4 SUBSTANCE ABUSE POLICY NUMBER: 2.4 1 • 2.4.1.5 USE OF LEAVE: Employees will be allowed to use personal leave and benefits as for any other illness. Those eligible employee's who have tested positive for a substance may use their accumulated sick. annual, and compensatory leave credits while undergoing evaluation and/or rehabilitation. Should a test result read negative for drugs or alcohol, the employee will be made whole for any lost wages or benefits 2.4.1.6 DRUG AND ALCOHOL TESTING REQUIREMENTS A. Pre-e=lovment Testing All individuals who have been given a conditional offer of regular full time or part-time employment with the City for a position which requires the possession of a commercial driver's license or performing a safety sensitive or public safety function shall be informed that a condition of employment includes passing a drug test as part of the pre-employment physical examination The drug test will test for marijuana. cocaine, opiates. phencyclidine. and amphetamines. Prospective employees who refuse to take the drug test or who test positive for one of the five controlled substances shall be considered ineligible for City employment • for one year. B. Reasonable Suspicion Testing: If a manager reasonably suspects that an employee may be under the influence or impaired by a substance, the employee shall be removed from duty immediately and required to undergo substance testing. Except in emergency situations, a supervisor will consult with another manager or representative of the Human Resources Department to ensure that adequate grounds for reasonable suspicion exist. When a manager (by direct observation or report) reasonably suspects that an employee holding a commercial driver's license may be under any influence or impaired by a substance, the employee shall be required to submit to a substance test. Although an employee may be relieved of duty at any time because of such concerns, a manager's decision to require a substance test must be based on specific. contemporaneous, articulated observations concerning the appearance, behavior, speech, or body odors of the employee. The manager makmg the determination must have received training in detecting the signs and symptoms of substance abuse. Employees remo-,ed from duty under such circumstances shall be required to meet with the City's SAP and if allowed to return to work shall do so in accordance with the return-to-work provisions of this Policy (P\policies\substab wpd-01/11196) II-5 SUBSTANCE ABUSE POLICY NUMBER: 2 4 1 • C. Post-Accident TestmQ- 1) Transit Accidents: As soon as practicable following a transit accident the employee driving the transit vehicle shall be tested for substance use Each on-duty employee whose performance may have contributed to the accident, as determined by the City, shall also be tested. 2) Non-Transit Accidents- Where.after investigation,management reasonably suspects that an employee may have contributed to a non-transit accident. the employee may be required to submit to substance testing. Employees subject to substance testing following a transit or non-transit accident must remain readily available for testing. Employees should obtain prompt medical attention as needed. however, employees who leave the accident scene must promptly notify the City of their location to arrange for sample collection Employees who fail to do so maybe deemed to have refused to submit to testmQ D. Random TestmQ • Random testing will generally be utilized by the City only as required under current law or regulation. FTA regulations require random testing of employees who are required to have a commercial driver's license. The selection process for random testing shall be made using a scientific method. such as a computer-based random number generator. All employees in the relevant pool of persons subject to random testing will have an equal chance of being selected. Current FTA regulations require that 50 percent of employees in eligible positions undergo random testing for drugs, and 25 percent undergo random testing for alcohol. E Return to Work/Follow-up Testing: An employee who has refused to take a substance test, or who has tested positive for a substance, including those employees who have undergone evaluation and/or rehabilitation. will not be permitted to return to work until the employee has passed a substance test, has the approval of the appropriate rehabilitation program coordinator and/or SAP, and the City determines that the employee may return to duty. The decision to allow an employee to return to work shall be made by the City at its sole discretion. If an employee is returned to duty, such employee may be required to take a minimum of six random tests. as recommended by the SAP, for up to 60 months Further, such employees shall pass an alcohol test before returning to work and may be required to submit to random alcohol tests as recommended by the SAP. Follow--up alcohol tests may occur prior to, dunng, and after the employee performs safety-sensitive functions. (P\pohcies\substab wpd-01/11/96) II-6 SUBSTANCE ABUSE POLICY NUMBER 2.4 1 • F. Refusal to Submit to Testine• Refusal by an employee to consent to take such a test when directed to do so by his/her supervisor or manager shall be considered insubordination. and the employee shall be relieved of duties immediately pending investigation. In the case of alcohol testing, an employee who fails to provide adequate breath for testing without a valid medical explanation, or who otherwise engages in conduct that obstructs the testing process, shall be deemed to have refused to submit to testing. Refusal to submit to testing shall be considered the same as testing positive and may result in the same consequences. G. Test Procedures: All substance testing shall comply with DOT's Procedure for Transportation Workplace Drug and Alcohol Testing Prourams,49 CFR Part 40. These procedures are designed to ensure the accuracy and integrity of the test results and includes screening tests, confirmation tests. chain of custody safeguards, and appropriate privacy and confidentiality protections H. Drua, Testing- Drug testing will normally be performed by urinalysis at Valley Occupational Health Center. The test involves an initial screening performed by the enzyme multiplied immunoassav test ("EMIT"). Any positive test is then confirmed by a second test of the same sample by Gas Chromatographv/Mass Spectrometry ("GCMIS"). The City's designated MRO shall receive and interpret test results and report them to the City. Prior to reporting a positive test result, the MRO shall give the employee an opportunity to discuss the test results. If the employee meets with the MRO and fails to present information affecting the test result. or if the employee refuses to meet with the MRO,the MR0 will verify a positive test result and will inform the City Human Resources Director , Risk Manager. or other designated management representative. on a confidential basis. that the employee tested positive. The MRO will also inform the employee at the time the test result is verified that s/he may request a "re-test" within 72 hours (The "re-test" shall be performed at a different laboratory, at employee expense --unless the employee passes the re-test). Upon request, the employee shall be given a copy of the positive test results. I. Alcohol Testing: Alcohol testing will normally be performed by a trained breath alcohol technician ("BAT") utilizing an evidential breath testing device ("EBT"), otherwise known as a "Breathalyzer." Testing will take place at Valley Occupational Health Center or any other site designated by the City The BAT will inform an employee of the EBT results at the time of testing If the screening test shows an alcohol concentration of greater than 0 02, a confirmation test will be (P\pohcieslsubstab wpd-01/11/96) II-7 SUBSTANCE ABUSE POLICY NUMBER: 2.4 1 • conducted within 20 minutes of the screening test. If the confirmation test shows an alcohol concentration of 0 20 or greater, the BAT will show the employee the printed test results and shall notify the City's designated representative(s) of the test results. J. Urine Specimen Collection: Specimen collection for drug testing shall take place at Valley Occupational Health Center, or any other site designated by the City Employees will be required to complete appropriate consent forms and to cooperate fully with collection and testing procedures. Sample collection shall be in accordance with DOT'S Procedure for Transportation Workplace Drug and Alcohol Testing Programs, 49 CFR Part 40 These procedures are designed to ensure the integrity of the sample while maintaining employee privacy. Under no circumstances shall an employee's direct supervisor serve as the collection site person. Any attempt to tamper with a urine sample or otherwise obstruct the testing process will result in discipline, up to and including termination. 2.4.1.7 ENFORCEMENT AND DISCIPLINE- The City takes a strong stand against substance abuse and its impact on the workplace. Accordingly, • violations of this Policy will be grounds for appropriate disciplinary action. up to and including termination. Additionally, law enforcement authorities will be notified in appropriate situations. Once it has been determined that an employee has violated the City's policy on alcohol and drugs. appropriate disciplinary action may be taken. Any employment decisions will be based on objective evidence, not mere unconfirmed suspicions A positive test result. standing alone. is not always sufficient evidence upon which to base disciplinary action. In determining what is appropriate disciplinary action in any given case, the following considerations may be taken into account. 1) The employee's past employment record and length of employment. 2) The severity of the employee's alcohol or drug problem as determmed by the appropriate medical professional. 3) The duration of the employee's alcohol or drug problem. 4) The nature and quality of the employee's performance. 5) The nature. reliability, and extent of evidence showing that the employee violated the Substance Abuse Policy. In addition. the following factors may be considered 1) Was there reasonable cause to suspect that the employee was under any influence of alcohol or drugs (if the employee was tested and the test result is to be relied on to 40 support the disciplinary action)? (P\policies\substab wpd-01/11/96) II-S SUBSTANCE ABUSE POLICY NUMBER: 2.4 1 • 2) Were proper procedures used when the employee was tested" 3) Was the employee given notice of the City's policy and if needed, an explanation of its provisions and requirements' 4) Did the employee desire to seek assistance? 5) Were there previous rehabilitation attempts? 6) What were the results of previous rehabilitation attempts? 7) If rehabilitation has not previously been attempted, in your opinion could the employee successfully complete such a program? 8) Is there sufficient evidence to prove that the alleged conduct took place" 9) If an employee refused to submit to testing, was the employee informed of the requirements of the policy and directed to comply with it? 10) Will the City's reputation be compromised if the employee is allowed to remain on the job and the public is aware of the employee's drug or alcohol condition? 11) Will the employee's reputation be adversely affected in disproportion to the conduct? 12) Would co-workers refuse to work with the employee if he/she were allowed to remain? 13) Has the employee's violation created a situation where the employer and employee would no longer be able to effectively work together? 14) Has the employee's suspected use of alcohol or drugs caused a deterioration in work performance? 15) What employment action has been taken in the past involving similar situations? 2.4.1.8 REPORTING VIOLATIONS Experience indicates that individuals with substance abuse problems best respond to appropriate confrontation, dialogue, and notice about the impact and risks of their situation Therefore, an employee who is aware of substance use or behavior in violation of this Policy is encouraged to promptly report the behavior to management. To the degree possible, the reporting employee's identity will be kept confidential. 2.4.1.9 REHABILITATION- The City offers employees the use of rehabilitative services pursuant to coverage limitations and in accordance with the terms of its benefit programs Employees are personally responsible for seeking appropriate treatment for substance dependency Employees who voluntarily seek treatment for substance dependencies will be allowed to use personal leave and benefits as for any other illness and will not have job security or opportunities for promotion jeopardized by seeking treatment However, such employees are subject to the same prohibitions and penalties as other employees regarding the manufacture, distribution. dispensation. possession, or use of substances in violation of this Policy. In addition. substance dependent employees are subject to appropriate disciplinary action, including possible termination. if they do not meet satisfactory general performance standards, appropriate conduct requirements. or other conditions of employment. (P 1policieslsubstab wpd -01/11/96) II-9 SUBSTANCE ABUSE POLICY NUMBER: 2.41 • Employees who refuse to take a substance test. or who test positive for a substance in violation of this Policy, may be given the opportunity to enter a rehabilitation program in lieu of termination. Employees who successfully complete rehabilitation under such circumstances may be returned to work at the City's discretion in accordance with the return-to-work provisions of this Policy. 2 4.1.10 RECORDS- Records of treatment for substance dependency. substance tests. or of employees or applicants involved in other situations related to this Policy will be maintained and used by the City as confidentially as possible. Test results and records will be maintained in a separate medical files and will not become a part of the employees personnel file. The City shall maintain records and reports as required by appropriate government authorities. Only City management representatives with a "need-to-know" responsibility will be made aware of substance abuse situations or test results. No third party shall be provided with such information without specific written authorization by the employee. except as required by law. 2.4.1.11 POLICY COMMITMENT AND NOTICE The City is committed to assisting its employees in complying with this Policy and in avoiding . problems and penalties of substance abuse if at all possible All employees shall receive a copy of this Policy Questions regarding the Policy or its requirements should be directed to the City Human Resources Director/Risk Manaaer. Additionally.the City will maintain an appropriate dialogue with its employees' union representatives to refine this Policy, if necessary. 2.4.1.12 DEFINITIONS A. ALCOHOL: Alcohol "Alcohol" means any intoxicating liquor that when consumed to excess will produce some level of intoxication. Alcohol Test "Alcohol test" means a blood and/or breath test to determine an employee's alcohol concentration level. Passing an Alcohol Test "Passing an alcohol test" means that the test result shows an alcohol concentration of less than 0.04. Passina an alcohol test shall be referred to as "testing ne2ati-,e " B. Commercial Driver's License (CDL) A "commercial driver's license" is a requirement for employees who work in positions that may require that they drive any of the following vehicles: (P\policies\substab wpd-01/11/96) II-10 SUBSTANCE ABUSE POLICY NUMBER 2.4 1 A single vehicle with a gross weight (GVwR rating of more than 26.000 pounds. A trailer with a GVWR of more than 10,000 pounds if the gross weight rating of the combined vehicle(s) is more than 26,000 pounds A vehicle designed to transport 16 or more persons (including the driver). A school bus regardless of size Any size vehicle which carves placarding amounts of hazardous materials. three classes,A. B and C. In addition to a CDL, drivers may These vehicles are divided into tlu - need special endorsements if they dnve passenger carrying vehicles. buses; pull double or triple trailers. drive tank vehicles, or haul hazardous materials. C DRUG: Drug "Drug" means any substance that impairs an employee's ability to perform a job or duty or poses a threat to the safety of the employee or others. This definition includes controlled substances (those substances whose dissemination is controlled by regulation or statute. including, but not limited to,those drugs included in Schedule I and II as defined by 21 U S. C. 801 et seq., the possession of which is illegal under Chapter 13 of that title). Such • controlled substances are frequently and commonly referred to in familiar terms and, in addition, to the full body of the drug family, would include such commonly known items as marijuana, cocaine (e, crack), opiates, amphetamines, and phencyclidine ("PCP"). Furthermore, this definition of drug also includes over-the-counter drugs andior drugs which require a prescription or other written approval from a licensed practitioner/physician or dentist for their use, if the use of such drug(s) may impair the employee's ability to perform a job or duty, or poses a threat to the safety of the employee or others It further includes any other substance capable of altering an individual's mood, perception. pain level. or judgment. Drug Test "Drug test" means a blood and/or urinalysis test for the presence of amphetamines, cocaine. opiates, THC (marijuana), phencyclidine (PCP), or other substances. Passing a Druz Test" "Passing a drug test" means that the test result does not show any positive evidence of the presence of a drug in the employee's system that is at or above a determined threshold level. An MRO must determine that the results of a drug test. (1) show no evidence or insufficient evidence of a prohibited drug or drug metabolite; (2) show evidence of a prohibited drug or drug metabolite, but there is a legitimate medical explanation for the result. (3) show evidence of a prohibited drug or drug metabolite below a determined threshold level, or (P 1pohciestsubstab wpd-01/11/96) II-11 SUBSTANCE ABUSE POLICY NUMBER: 2 4 1 (4) are suspect because of irregularities in the administration of the test or chain of custody procedures. Passing a drug test shall be referred to as "testing negative." D. EMPLOYEE "Employee" includes all employees as defined in City Policy 1.1.1. E. SUBSTANCE: Substance "Substance" includes drugs and alcohol, as defined below. Substance Abuse "Substance abuse" means involvement with a substance in violation of this Policy. Substance Test Substance Test" includes both drug and alcohol tests, as defined. • Failin}a Substance Test "Failing a substance test" means that the test result showed positive evidence of the presence of a substance in an employee's system that is at or above a determined threshold level. This determination shall be made by the City MRO under the same standards as passing a substance test. Failing a substance test shall be referred to as "testing positive." Employees who refuse to take a substance test when requested to do so shall be considered to have failed the substance test. F. Under Anv Influence "Under any influence" is defined as a condition arising from using a substance, which may limit an employee's ability to safely- and efficiently perform a job or duties or may pose a threat to the safety of the employee or others. and it shall be determined by the presence of a substance in an employee's system as measured by a substance test in accordance with the terms of this Policy G. Impaired "Impaired" means a diminishing or worsening of an employee's mental or physical condition that is the result of using a substance. H Proper :Medical Authorization "Proper medical authorization" means a prescription or other written approval from a licensed practitioner/physician or dentist for the use of a substance in the course of medical treatment. which must include the name of the substance, the period of authorization. and whether the (P\pohcies\substab wpd-01/11/96) II-12 SUBSTANCE ABUSE POLICY NUMBER 2.4.1 prescribed medication may impairjob performance. This requirement also applies to refills of prescribed drugs. I. ACCIDENTS- Transit Accident "Transit accident" is defined in accordance with FTA regulations to mean an occurrence associated with the operation of a vehicle. and if as a result. 1) an individual dies; 2) an individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident. or 3) with respect to an occurrence in which a vehicle is a bus, van. or automobile. one or more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. Non-Transit Accident "Non-transit accident" means an occurrence other than a transit accident where an employ ee is involved in injury, or harm occurs to other individuals. equipment. or property, and if as a result. (1) an individual dies; (2) an individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident. or (3) with respect to an occurrence in which a vehicle is a bus. van, or automobile, one or more vehicles incurs disablmQ damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. J SAFETY-SENSITIVE FUNCTIONS: A "safety-sensitive position" is defined in accordance with FTA regulations to mean any duty related to the safe operation of mass transportation service, including: 1) operating a revenue service vehicle, whether or not such vehicle is in revenue service; 2) operating a non-revenue service vehicle. «hen required to be operated by the holder of a Commercial Driver's License, 3) controlling dispatch or movement of a revenue service vehicle: 4) maintaining revenue service vehicles or equipment used in revenue sen ice or supervising an employee who performs any of these functions; or 5) carrying a firearm for security purposes. (P policiesNsubstab wpd-01/11/96) II-13 SUBSTANCE ABUSE POLICY NUMBER: 2.4.1 Employees in safety-sensitive positions will be notified. 2.4.1.13 RIGHT OF .APPEAL: The employee has the right to challenge the result of the drug or alcohol tests and any discipline imposed in the same manner that he/she may grieve any other City action. 2 4.1.14 UNION HELD HARMLESS: This drug and alcohol testing program was initiated at the request of the City. The City assumes the sole responsibility for the admirstration of this Policy and shall be solely liable for any legal obligations and costs ansing out of the provisions and/or application of this collective bargaining agreement relating to drug and alcohol testing. the union shall be held harmless for the violation of any worker rights ansmg from the administration of the drug and alcohol testing program. 24.115 COLLECTIVE BARGAINING AGREEMENTS/CIVIL SERVICE LAWS. Employees covered by Collective Bargaining agreements, Civil Service laws and rules. or covered by the Law Enforcement Officers and Fire fighter's (LEOFF I & II) disability_ provisions. will be subject to the specific terms of those agreements. laws or rules applicable for substance abuse language. (P\pohcies\substab.wpd-01/11/96) II-14