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HomeMy WebLinkAbout5.E.5. Adoption of Drug and Alcohol Testing Policy for CDL Holders-Res. No. 6949 5.f.5, City of Shako pee CONSENT MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kris Wilson, Assistant City Administrato~ SUBJECT: Adoption of Drug and Alcohol Testing Policy for CDL Holders DATE: October 2, 2009 Introduction The Council is asked to adopt Resolution No. 6949, adopting a Drug and Alcohol Testing Policy for Commercial Driver's License Holders. Background Many of the vehicles used by the Public Works Department meet the federal Department of Transportation's definition of a Commercial Motor Vehicle, therefore full-time employees in the Public Works Department are required to have a Commercial Driver's License (CDL) and are subject to the drug and alcohol testing requirements ofthe Federal Omnibus Transportation Employee Testing Act. This is not a new law and we have been following the testing requirements of the law for many years. However, I recently learned that the regulations require employers to have a separate, written policy on drug and alcohol testing specifically as it relates to CDL holders and that we cannot use the written drug and alcohol testing policy found in our general employee handbook to meet this requirement. Therefore, with the help of attorney Mary Tietjen at Kennedy and Graven, we have developed the attached written policy to bring the City into compliance with these regulations. The policy outlines prohibited conduct as it relates to drug and alcohol use, the consequences of engaging in prohibited activities and the circumstances under which the City will conduct drug and alcohol testing of employees with CDLs. The vast majority ofthe policy simply puts our current practices into writing. However, in order to meet the federal requirements, we have had to clearly identify, in advance, what disciplinary action the City will take if an employee were to fail a drug or alcohol test administered under this policy. Federal regulations require that we immediately remove the employee from all safety-sensitive functions and that we refer them to a substance abuse professional for evaluation. Federal regulations do not dictate what, if any, disciplinary action the City might take - they simply require that we notify employee in advance what the consequences of certain test results will be. As found on page 4, this policy proposes that for a first offense, an employee would be placed on a five (5) day unpaid suspension. For any subsequent violation within five years, the employee would be discharged. The reason for the five day unpaid suspension for a first offense is that state law specifically prohibits terminating an employee for a first failed drug or alcohol test. Ms. Tietjen has advised that while we may not have to comply with this state law while conducting testing under the federal regulations, it is a potentially thorny situation to try to terminate an employee in Minnesota for a first offense of this nature. Lastly, it is important to note, this disciplinary action is solely in response to the failed drug or alcohol test. Employees who are found to have violated additional state or federal laws or policies of the City while under the influence of drugs or alcohol or have lost the Commercial Drivers License required for their position, may be subject to additional discipline, up to and including termination. Relationship to Vision As noted above, this is a housekeeping item. Weare simply putting current practice into writing. Requested Action Ifit concurs, the Council is asked to offer Resolution No. 6949, a resolution adopting a Drug and Alcohol Testing Policy for Commercial Drivers License Holders, and move its adoption. RESOLUTION No. 6949 A RESOLUTION ADOPTING A DRUG AND ALCOHOL TESTING POLICY FOR COMMERCIAL DRIVERS LICENSE HOLDERS WHEREAS, the City of Shakopee strives to protect the safety of both residents and employees at all times; and WHEREAS, it is the strict policy of the City of Shakopee that our workplaces shall be free of drug and alcohol use and abuse; and WHEREAS, the federal Omnibus Transportation Employee Testing Act requires employers to adopt a written drug and alcohol testing policy for its employees operating with a commercial driver's license; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the attached Drug and Alcohol Testing Policy for Commercial Drivers License Holders is hereby adopted and made effective immediately. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of October, 2009. Mayor of the City of Shakopee ATTEST: City Clerk City of Shakopee Drug & Alcohol Testing Policy for Commercial Drivers License Holders SHAKOPEE Adopted by the City Council via Resolution No. ### October XX, 2009 PURPOSE The purpose of this policy is to establish programs required by federal law which are designed to help prevent accidents and injuries resulting from the misuse of alcohol or the use of controlled substances by employees of the City of Shakopee who drive commercial motor vehicles and/or perform safety sensitive functions. This policy implements the requirements of the Federal Omnibus Transportation Employee Testing Act and the U.S. Department of Transportation Regulations 49 C.F.R. Part 382. This policy is in addition to and separate from the Drug-Free Workplace Policy found in the Personnel Handbook for Employees of the City of Shakopee. APPLICABILITY This policy applies to every employee (full-time, part-time, temporary and seasonal) of the City of Shakopee who operates or maintains a commercial motor vehicle and whose job requires a commercial driver's license (CDL) and/or the performance of safety sensitive functions. Persons applying for employment that includes driving or maintaining a commercial motor vehicle or to a position that requires the performance of safety sensitive functions are subject to pre- employment, pre-duty testing. In the event of a conflict between this Policy and any federal law or regulation, the provisions of the federal law or regulation shall prevail. PROHffiITIONS Under federal law and this policy, the following alcohol and controlled substance-related activities are prohibited: 1. Reporting for duty or remaining on duty requiring the performance of safety sensitive functions while having an alcohol concentration of 0.04 or greater. NOTE: Employees reporting for duty or remaining on duty to perform safety sensitive functions while having an alcohol concentration of at least 0.02 but less than 0.04, shall be removed from duty and placed on unpaid leave for a period of 24 hours or until the start of their next regularly scheduled shift, whichever comes later; but shall not be required to undergo evaluation by a Substance Abuse Professional or submit to return to duty or follow-up testing, as would be the case with an employee with an alcohol concentration of 0.04 or greater. 2. Reporting for duty or remaining on duty which requires the performance of safety sensitive functions when the employee uses or tests positive for any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to safely operate a commercial motor vehicle or to perform safety sensitive functions. 3. Being on duty, operating a commercial motor vehicle and/or performing safety sensitive functions while possessing, using or consuming any quantity of alcohol or a controlled substance not prescribed to the employee by a licensed physician. 4. Using alcohol within four (4) hours prior to reporting for work. 2 5. Using alcohol within eight (8) hours following an accident for which a post-accident alcohol test is required, or until undergoing a post-accident alcohol test, whichever occurs first. 6. Refusing to submit to a post-accident alcohol or controlled substances test, a random alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test, or a follow-up alcohol or controlled substances test required by the terms of this policy and federal law . Under the terms of federal law and this policy, any supervisor or manager who has actual knowledge that an employee has violated or attempted to violate any of the above prohibitions, shall not permit the employee to perform or continue to perform safety sensitive functions. CONSEQUENCES Consequences for employees who have a positive test result on a confirmatory test or retest for engaging in prohibited activities are as follows: 1. The employee shall immediately cease performance of safety sensitive functions and shall not be permitted to perform safety sensitive functions until at least such time as the employee has been evaluated by a Substance Abuse Professional (SAP) or Medical Review Officer (MRO) and successfully completed return to duty testing, as described in this policy. These constitute the minimum requirements for returning to duty, other requirements may be imposed based on the specific circumstances of the prohibited conduct. 2. The employee shall be evaluated by a City-approved Substance Abuse Professional (SAP) or Medical Review Officer (MRO) who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substance use. 3. If it is determined by the SAP or MRO that the employee needs assistance in resolving problems associated with alcohol misuse or controlled substance use, the employee shall follow the rehabilitation program prescribed. This program shall be at the employee's own expense or pursuant to coverage under an existing employee benefit plan and shall be on off- duty time and/or through the use of any available paid time off. 4. Each employee identified as needing such assistance shall be re-evaluated by the City- approved SAP or MRO to determine that the employee has followed the rehabilitation program prescribed. An employee who either refuses to participate in or fails to successfully complete a rehabilitation program specified by the SAP or MRO will be subject to disciplinary action, up to and including discharge, as deemed appropriate by the appointing authority. 5. If the conduct involved misuse of alcohol, the employee shall undergo a return-to-duty alcohol test with a result indicating a breath alcohol level ofless than 0.02 before returning to duty requiring performance of a safety-sensitive function. If the conduct involved use of controlled substance, the employee shall undergo a return-to-duty controlled substance test 3 with a verified negative result before returning to duty requiring performance of a safety- sensitive function. 6. The employee shall be subject to unannounced follow-up alcohol and controlled substance testing as directed by the SAP or MRO and this policy. 7. On the first occurrence, the employee shall be placed on a five (5) day unpaid suspension, but not discharged. Additional disciplinary action, up to and including termination, may result in cases where the employee is found to have violated additional state or federal laws or policies of the City. 8. When an employee has a subsequent violation of any alcohol or controlled substance activity prohibited by this policy within five years, the employee shall be discharged. 9. Notwithstanding any other provisions herein, the City may temporarily reassign an employee to non-safety sensitive functions pending the outcome of a reasonable suspicion controlled substance or alcohol test. 10. An employee who refuses to take a required drug and/or alcohol test is subject to be discharged from employment on grounds of insubordination. 11. Disciplinary actions taken pursuant to this Policy are appealable pursuant to the procedures established in the Personnel Handbook for Employees of the City of Shakopee or any applicable collective bargaining agreement, but not both. 12. A job applicant seeking a position requiring the performance of safety sensitive functions may be disqualified from further consideration for the conditionally offered position. If the applicant is a current employee of the City seeking a promotion, he/she will be evaluated by a SAP or MRO who shall determine what assistance, if any the employee needs in resolving problems associated with alcohol misuse or controlled substance use. CIRCUMSTANCES FOR TESTING Pre-Employment Testing: Any job offer, reassignment or promotion to a position which requires the performance of safety sensitive functions or to drive a commercial motor vehicle shall be contingent upon: a) A drug test resulting in a negative report prior to beginning employment; and b) The applicant's written authorization to former employers to release to the City all information on the applicant's alcohol tests with a concentration result of .04 or greater, positive controlled substance test results, and refusals to be tested, within the preceding two years. A job offer will not be withdrawn based on a positive test result from an initial screening test that has not been verified by a confirmatory test. The City reserves the right not to hire an individual who has a positive test result on a confirmatory test. A job applicant who refuses to submit to a required drug test shall be considered to have withdrawn from the process. 4 Post-Accident Testing: As soon as practicable following an accident involving a commercial motor vehicle, the City shall test for alcohol and controlled substances of each surviving employee who was performing safety sensitive functions with respect to the vehicle if: a) the accident involved the loss of human life; or b) a citation is issued for a moving violation accompanied by 1) an injury immediately treated away from the scene or 2) a vehicle is required to be towed from the scene. The City shall provide employees with information regarding post-accident procedures, prior to the employee operating a commercial motor vehicle. The City shall provide a copy of these instructions for each vehicle and the instructions must remain in the City vehicle at all times. Unauthorized removal of the instructions may be cause for disciplinary action as deemed appropriate by the appointing authority. Alcohol Test -- shall be administered within two (2) hours following the accident whenever possible. If a test is not administered within eight (8) hours following the accident, no test will be administered. Controlled substance test -- shall be administered as soon as possible but no later than 32 hours following the accident, or no test shall be administered. An employee who is subject to post-accident testing shall remain readily available for such testing. Failure to do so will be considered a refusal to submit to testing. However, this does not mean that an employee should delay necessary medical attention for injured persons (including himlherselt) following an accident. Nor does it prohibit the employee from leaving the scene of an accident for the time necessary to obtain necessary police or medical assistance. The employee must not consume any liquid containing alcohol for up to 8 hours following an accident or until after the employee has been tested, whichever occurs first. Violation of this provision will be considered a refusal to submit to testing. If a drug or alcohol test is not administered, the City shall prepare and maintain on file a record stating the reasons why the test was not promptly administered. Random Testing: Employees will be selected on a random basis for testing. Random selection will be computer generated by an off-site agent of the City. The selection process is random with an equal chance of an employee being selected each time a selection is made. An employee can be selected more than once in a given year, or more than once during the same drawing. In the event that an employee is selected more than once in one drawing, he/she must undergo just one drug and/or alcohol test. The City will conduct random testing for alcohol and controlled substances through a consortium and the number of employees to be tested will be based on the total number of individuals 5 covered by the consortium. By federal law, the consortium is presently required to conduct drug testing on 50% of the annual average number of employees in the consortium, and to conduct alcohol testing on 10% of the annual average number of employees in the consortium required to carry a CDL. Random alcohol testing will be performed just before, during, or after an employee's performance of a safety sensitive function or while in a state of readiness to perform. Employees selected for random testing will not have advance notice. Once the employee is notified, helshe must proceed immediately to the collection site and all performance of safety- sensitive functions must cease. If a name is selected and that employee is not in a state of readiness to perform safety sensitive functions (vacation, sick, light duty) for a period of 30 days or more, the name must be put back in the random pool and another selected. Random selections and tests are unannounced and spread reasonably throughout the calendar year. Reasonable Suspicion Testing: The City will require an employee to submit to an alcohol or controlled substance test when the employee's supervisor or a manager, trained in accordance with federal law, has reasonable suspicion that the employee has violated the alcohol or controlled substance prohibitions. According to federal regulations, reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. Timing of Reasonable Suspicion. The observations which lead the supervisor or manager to recommend a reasonable suspicion alcohol test must have been made during, just proceeding, or just after the period of the work day that the employee is required to be in compliance with this policy. An employee may be directed to undergo reasonable suspicion testing before, during, or after performing safety sensitive functions, or while in a state of readiness to perform safety sensitive functions. Administration of Test. A supervisor will escort the employee to the testing facility and home, unless the employee can make other arrangements to be driven home. The employee will not be permitted to perform safety-sensitive functions until the test results are known or until such time as 24 hours have passed. An alcohol test shall be administered within two hours following the determination of reasonable suspicion; if not, the City shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test is not administered within (8) eight hours following the determination of reasonable suspicion, the City shall cease all attempts to conduct the test and shall state in the record the reasons for not administering the test. Return to Duty Testing: The City shall ensure that before an employee returns to a safety-sensitive function, after engaging in conduct prohibited by federal law or this policy concerning alcohol, the employee shall undergo a return-to-duty alcohol test indicating a breath alcohol concentration ofless than 0.02. The City shall also ensure that before an employee returns to a safety-sensitive function, after engaging in conduct prohibited by federal law or this policy concerning controlled substances, the employee shall undergo a return-to-duty controlled substance test with a result 6 indicating a verified negative result for controlled substance use. Additionally, the employee must also be evaluated by a SAP and successfully complete any assistance program prescribed. Follow-Up Testing: Following a determination that an employee is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the City shall ensure that the employee is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by the SAP. The employee shall be subject to a minimum of six (6) follow-up controlled substance and/or alcohol tests in the first 12 months, and at a lesser rate for a period of up to 60 months. PROCEDURES FOR TESTING Alcohol Testing: The rules require breath testing administered by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing Device (EBT). Two breath tests are required to determine if a person has a prohibited alcohol concentration. . Any results less than 0.02 alcohol concentration is a "negative" test. Ifthe alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. Ifthe employee fails to provide an adequate amount of breath, the City will direct the employee to obtain written evaluation from a licensed physician to determine if the employee's inability to provide a specimen is genuine or constitutes a refusal to test. Results are confidential, and will be released to Human Resources, the appropriate supervisor and Department Head (in order to take necessary action or make arrangements), and the SAP. Controlled Substance Testing: Drug testing is conducted by analyzing an employee's urine specimen. The analysis is performed at laboratories certified and monitored by the Department of Health and Human Services. The employee will provide a urine specimen at a specified collection facility or site. The collector seals and labels the specimen, completes a chain of custody document, and prepares the specimen and paperwork for shipment to the testing laboratory. A "split" urine sample is required; each urine specimen is subdivided into two bottles labeled "primary" and "split". Both bottles are sent to the laboratory, however only the primary sample is opened and used for the analysis. The split sample remains sealed and stored. If the analysis of the primary specimen confirms the presence of illegal, controlled substances, the employee has 72 hours to request, at hislher own expense, that the split sample be sent to another certified laboratory for analysis. If the employee is unable to provide the appropriate quantity of urine, the collection site person shall instruct the employee to drink not more than 24 ounces of fluids and, after a period of no more than three hours, again attempt to provide a complete sample. If the employee is still unable to provide a complete sample, the testing shall be discontinued and the employer notified. The employee shall then be directed to obtain written evaluation from a licensed physician to determine if the employee's inability to provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the City may elect to not have the referral made and may revoke the employment offer. 7 Drug tests are reported by the testing laboratories directly to the MRO. If the results are negative, the MRO shall report the results to Human Resources and no further action is necessary. If the test result is confirmed positive, the MRO shall give the employee an opportunity to explain. The MRO will review the confirmed positive test result to determine whether there is an acceptable medical reason for the positive result. The MRO shall verify and report a positive result to Human Resources when there is no legitimate medical reason for a positive test result. If, after making reasonable efforts and documenting these efforts, the MRO is unable to contact the employee directly, the MRO must contact Human Resources who shall then direct the employee to contact the MRO. Once the employee has been informed to contact the MRO, he/she must do so within 24 hours or prior to the start of his or her next shift, whichever occurs first. If the employee fails to do so or can not be reached, he/she will be placed on immediate suspension without pay pending the release ofthe test result. The MRO may verify a positive test without having communicated directly with the employee about the test results under the following circumstances: 1) The employee expressly declines the opportunity to discuss the test result with the MRO; or 2) The employee has not contacted the MRO within 72 hours of being instructed to do so by Human Resources; or 3) After making and documenting all reasonable efforts, neither the MRO nor Human Resources has been able to contact the employee within 10 days of the date on which the MRO received the results. of the confirmatory test. .. CONFIDENTIALITY All test results and required records are maintained under strict. confidentiality by the City, the drug testing laboratory, and the MRO. They cannot be released to others without the written consent of the individual except as provided for by regulations or law. CONTACTS Human Resources will coordinate the implementation, direction and administration of the City's alcohol and controlled substances policy, and will be the principal contact for the collection site, the testing lab, the MRO, the BAT, and the person tested. Employee questions should be directed to Human Resources. On-Site Collection Services: Consolidated Medical Services, Inc. (CMS), Bloomington, MN (952)876 - 9300 (24 hr. hotline (612) 392 - 5050) Testing Laboratory: Quest Diagnostics Multiple locations, including Lenexa, Kansas 1-800-877 -7484 Medical Review Officer: James R. Criscione, MD 8 St. Louis MRO 3895 Jeffco Blvd. Arnold, MO 63010 Phone: 636-461-1300 Fax: 636-461-1691 Post Accident Emergency Line: 636-464-8383 The City shall provide a list of approved Substance Abuse Professionals as needed, based on availability and certification. 9 DEFINITIONS Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Appointing Authority - the City Council of the City of Shakopee, Minnesota. BAT (Breath Alcohol Technician) -an individual who instructs and assists individuals in the alcohol testing process and operates an EBT. Chain of Custody - procedures to account for the integrity of each urine specimen by tracking its handling and storage from point. of specimen collection to final disposition of the specimen. City or City of Shakopee - the City of Shakopee, Minnesota, acting through its City Council, City Administrator andlor their designee. . City of Shakopee Drug-Free Workplace Policy - a separate policy that is part of the Personnel Handbook for Employees of the City of Shakopee. Commercial Motor Vehicle - a motor vehicle or combination of motor vehicles which; (a) has a gross combination rating of 26,00 1 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or (b) has a gross vehicle weight rating of 26,001 or more pounds; or (c) is designed to transport 16 or inore passengers, including the driver; or (d) is of any size and is used in the transportation of hazardous materials requiring placards. Note: a commercial motor vehicle does not include a fire truck or other emergency fire equipment. Confirmation Test - For alcohol testing: a second test, following a screening test with a result of .02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing: a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique in chemical principal from that of the screen test in order to insure reliability and accuracy. Confirmatory Retest - a third testing of the original test sample when the confirmatory test produces a positive test result. A confirmatory retest is done at the request and expense of the employee. Controlled Substance - those substances whose distribution is controlled by regulation or statute including, but not limited to, narcotics, depressants, stimulants, hallucinogens, and cannabis. Driver -any person who operates or maintains commercial motor vehicle. This includes, but is not limited to: full-time, regularly employed drivers; part-time and temporary drivers; leased drivers and independent owner/operator contractors who are either directly employed by or under lease to the employer or who operate a commercial motor vehicle at the direction of or with the consent of the employer. For the purposes of pre-employment/pre-duty testing only, the term 10 driver includes a person applying to the City for employment for a position that requires a commercial drivers license. Employee - any individual who works for the City, in full-time, part-time, temporary or seasonal capacity, who operates or maintains a commercial motor vehicle and whose job requires a commercial driver's license (CDL) and/or the performance of safety sensitive functions. Drug - means any substance (other than alcohol) that is a controlled substance as defined in 49 C.F.R. Part 382 and 49 C.F.R. Part 40. EBT (Evidential Breath Testing Device) - an EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath. Medical Review Officer (MRO)- A licensed physician responsible for receiving laboratory results generated by an employer's drug testing progralll who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an employee's confirmed positive test result together with the employee's medical history and any other relevant biomedical information. Performing (A safety sensitive function) - an employee is considered to be performing a safety sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform, or in a state of readiness to perform any safety sensitive function while on duty. Reasonable Suspicion - means that the City believes the appearance, behavior, speech or body odors of an employee are indicative of the use of a controlled substance or alcohol based on the observation of at least one (1) supervisor or official who has received training in the identification of behaviors indicative of drug and alcohol use. Refusal- (to submit to an alcohol or a controlled substances test) - an employee who: (a) fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer; (b) fails to remain at the testing site until the testing process is complete; (c) in the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the employee's provision of a specimen; (d) fails or declines to take a second test the employer or collector has directed the employee to take; (e) fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process (in the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment); (f) is reported by the MRO as having a verified adulterated or substituted test result; (g) fails to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing in accordance with the provisions of this part, (h) fails to provide adequate urine for controlled substances testing without a valid medical 11 explanation after the employee has received notice of the requirement for urine testing in accordance with the provisions of this policy and federal regulation, or (i) engages in conduct that obstructs the testing process. Safety-Sensitive Function - any of the following: (a) All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched or in a state of readiness to drive and/or maintain a commercial motor vehicle, unless the driver has been relieved from duty by the supervisor; (b) All time inspecting equipment as required by federal regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; (c) All driving time which shall mean all time spent at the driving controls of a commercial motor vehicle in operation; (d) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth, which shall mean a berth confirming to the requirements of federal regulations; (e) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (f) All time spent performing the driver requirements of the federal statutes related to accidents; (g) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle. Screening Test (also known as Initial Test) - in alcohol testing, it means an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine specimens from further consideration. State of Readiness - an employee who is on call, ready to be dispatched, or immediately able to perform safety-sensitive functions while on duty. Substance Abuse Professional (SAP) - a licensed physician or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. 12 SHAKOPEE DRUG & ALCOHOL TESTING POLICY FOR COMMERCIAL DRIVERS LICENSE HOLDERS ACKNOWLEDGEMENT OF RECEIPT I acknowledge receipt ofthe City of Shako pee's Drug and Alcohol Testing Policy for Commercial Drivers License Holders. I have read the Policy, I understand that it applies to me and I have been given an opportunity to ask questions about any portions of the Policy that I do not understand. I understand the consequences of a positive drug or alcohol test and/or engaging in prohibited activities. Employee Name: Signature: Date: 13