City of McLouth, Kansas is subject to the jurisdiction of the DOT, requires operators to test employees for the presence of prohibited drugs and provide an Employee Assistance Program.

(Ord. 90-6; Code 2012)

Employees subject to this drug testing program are required to be tested under the following types of test.

(a)   Pre-Employment Testing.

(1)   A pre-employment drug test will be conducted when an individual is hired for a position.

(2)   A pre-employment drug test will be conducted when a current employee transfers from a position not covered into a covered position. An employee who previously is separated from a Part 199 anti-drug program position will be pre-employment tested prior to performing a function covered by the pipeline safety standards.

(3)   Only applicants who are offered a covered position will be tested before being employed. Pre-employment job applicants who test positive will not be hired and do not have the right to have their samples retested. Employees transferring into a position requiring drug testing who test positive do have the right to have their sample retested. Employees who fail a drug test will not be hired for the position requiring drug testing. If applicant’s drug test is positive, then the city will refer to the MR0 review (see 1-804 - Medical Review Officer).

(4)   An employee who transfers from one position covered to another covered position does not require pre-employment testing.

(5)   Employees working in a covered position on the effective date and continue to work in a covered position do not require a pre-employment test.

(b)   Random Testing

(1)   All employees working in a covered position are subject to unannounced testing based on random selection. This includes temporary employees performing work in a covered position.

(2)   The operator will test at least fifty percent (50%) of the covered employees every twelve (12) months, divided on the basis set forth in 1-606. All persons will be subject to be randomly picked for drug testing at each random testing date. A person may be randomly picked more than once or not picked more than once or not picked at all during the annual period.

(3)   To assure the selection process is random, all covered employees will be placed in a common pool. All full time and temporary employees will be in this pool.

(4)   The random computer selection procedure will be used.

(5)   The selection procedure will select sufficient additional numbers to be used to reach the appropriate testing level during each test period. These alternate numbers will be tested in order of selection only if persons selected are unavailable for testing due to vacations, medical leave, or travel requirements.

(6)   Random testing will be done on a quarterly basis.

(c)   Post-Accident Testing

(1)   Employees working in covered positions whose performance either contributed to an accident or cannot be completely discounted as a contributing factor to the accident will be tested.

(2)   The employee will be tested as soon as possible, but not later than 32 hours after the accident. Because certain drugs or drug metabolites do not remain in the body for extended periods of time, testing should be as soon as possible.

(3)   All reasonable steps will be taken to obtain a urine sample from an employee after an accident. In case of a conscious but hospitalized employee, the hospital or medical facility will be requested to obtain a sample and, if necessary, reference will be made to the DOT drug testing requirements. If an employee is unconscious or otherwise unable to evidence consent to the procedure, the medical facility shall collect the sample.

(4)   If an employee who is subject to post accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, the employee will be removed from duty as a covered employee.

(d)   Reasonable Cause Testing

(1)   When there is reasonable cause to believe that a covered employee is using a prohibited drug, that employee will be required to take a drug test.

(2)   50 or Fewer Employees - Only one supervisor of employee must substantiate the decision to test for reasonable cause. This supervisor must be EAP trained in drug use symptoms.

(3)   A decision to test must be based on specific contemporaneous physical, behavioral, or performance indicators or probable drug use. Examples of this are evidence of repeated errors on-the-job, regulatory or City rule violations, or unsatisfactory time and attendance patterns, coupled with a specific contemporaneous event that indicates probable drug use.

(4)   Testing under 49 CFR, Part 199 is limited to marijuana, cocaine, opiates, amphetamines, and PCP.

(Ord. 90-6; Code 2012)

(a)   Drug testing will be performed utilizing urine samples.

(b)   Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be performed, but tests may include other substances.

(c)   An applicant who is offered a covered position will be required to report to the drug testing collection site specified in 1-806 within 48 hours of notification and provide a specimen of his/her urine.

(d)   Upon notification that a drug test is required, an employee will report as soon as possible but not later than 24 (32 hours for post-accident) after notification to the drug collection site and provide a specimen of his/her urine.

(e)   The collection agency shall adhere to all requirements outlined in 49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Program.

(Ord. 90-6; Code 2012; Code 2020)

(a)   The MRO is a doctor of medicine, knowledgeable in drug abuse disorders.

(b)   The following is a list of the MRO’s specific responsibilities:

(1)   Receive positive confirmed results from laboratory.

(2)   Request, if needed, a quantitative description of test results.

(3)   Receive a certified copy of the original Chain-of-Custody.

(4)   Review and interpret positive test results.

(5)   Inform the tested individual and provide test results.

(6)   Conduct a medical interview with the tested individual by telephone.

(7)   Review the individuals medical history or any other relevant biomedical factors.

(8)   Give the individual an opportunity to discuss test results.

(9)   Order a reanalysis of the original sample in a certified laboratory, if necessary.

(10) Consult with others if question of accuracy arises. Consistent with section 1-809.

(11) Consult with laboratory officials.

(12) Not receive urinalysis results that do not comply with the Mandatory Guidelines.

(13) Not declare as positive an opiate-positive urine without “clinical evidence”.

(14) Determine whether a result is scientifically sufficient.

(15) Determine whether a result is consistent with legal drug use.

(16) Forward results of verified positive test results to management official.

(17) Maintain the required records to administer this program.

For additional details of responsibilities see the U.S. Department of Health and Human Services (DHHS) Medical Review Officer Manual.

(Ord. 90-6; Code 1994)

(a)   The testing laboratory is a NIDA/CAP certified laboratory.

(b)   The testing laboratory will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports showing compliance.

(Ord. 90-6; Code 2012)

(a)   The collection agency is a local doctor or clinic for the drug screen procedure to perform the specimen collection along with the test kit, and Chain-of-Custody. A separate Chain-of-Custody will be completed for each specimen collected.

(b)   The collection agency will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports showing compliance.

(Ord. 90-6; Code 2012)

(a)   Education - Every covered employee will receive the following drug use education:

(1)   Drug information will be periodically distributed and displayed in the work area.

(2)   A copy of the policy will be given to each employee and displayed in the work area.

(3)   The hot line telephone number for employee assistance will be given to each employee and displayed in the work area.

(b)   Training - Every supervisor covered will determine whether an employee must be drug tested based on reasonable cause who will receive the following drug use training:

(1)   A one hour (minimum) training period on the specific contemporaneous physical, behavioral, and performance indicators of possible drug use.

(2)   The training specialist for this program has completed the EAP training course.

(Ord. 90-6; Code 2012)

(a)   City of McLouth, Kansas will keep the following records for the periods specified:

(1)   Records that demonstrate the collection process conforms to Part 199 will be kept for a minimum of three years.

(2)   Records of employee drug test results that show employee failed a drug test, and the type of test failed and records that demonstrate rehabilitation, if any, will be kept for a minimum of five (5) years, and include the following information:

(A)  The functions performed by each employee who fails the drug test.

(B)  The prohibited drugs which where used by each employee who fails the drug test.

(C)  The disposition of each employee who fails the drug test (e.g., termination, rehabilitation, leave without pay, etc.).

(D)  The age of each employee who fails the drug test.

(3)   Records of employees drug test results that show employees passed a drug test will be kept for a minimum of one (1) year.

(4)   A record of the number employees tested by type of test will be kept for a minimum of five (5) years.

(5)   Records confirming that supervisors and employees have been trained as required will be kept for a minimum of three (3) years. Training records will include copies of all training materials.

(Ord. 90-6; Code 2012)

(a)   Each individual’s record of testing and results will be maintained private and confidential. With the exception of the testing laboratory, MRO, designated personnel manager or upon request of RSPA or State Agency Officials as part of an accident investigation, the results of individual drug tests will not be released to anyone without the expressed written authorization of the individual tested. Prior to testing, the individual will be informed about who will receive test data (e.g., testing laboratory, MRO, personnel manager).

(b)   All written records will be stored in locked containers or in a secure location with access available by the individuals listed above.

(Ord. 90-6; Code 2012)