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CC - Adoption of a Resolution Approving an Updated Drug and Alcohol Policy for the Transportation Department Consistent with City Council Policy 4004 and Federal Mandates.
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Contact Person/Dept: Samantha Blackshire/Transportation
Phone Number: (310) 253-6535
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (10/07/15); Culver City Employees’ Association (CCEA) Representative Brian Niehaus and President Scott Newton (10/07/15)
Department Approval: Art Ida, Director of Transportation (09/29/15)
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RECOMMENDATION
Staff recommends the City Council adopt a Resolution approving the updated Transportation Department Drug and Alcohol Policy consistent with the City’s policy and all federal mandates.
BACKGROUND
On January 1, 1995 the Transportation Department implemented a drug and alcohol policy in accordance with the United States Department of Transportation (DOT) and Federal Transit Administration’s (FTA) revised Rule 49 CFR Part 653 on the “prevention of Prohibited Drug Use in Transit Operations,” the new Rule 49 CFR Part 654 on the “Prevention of Alcohol Misuse In Transit Operations,” and the amended Rule 49 CFR Part 40 describing the “Procedures For Transportation Workplace Drug and Alcohol Testing Programs.” All City employees occupying safety sensitive positions are required to adhere to the policy. The federal regulations defined safety sensitive positions to include: a) operation of a revenue service vehicle, whether or not the vehicle is in service; b) operation of a non-revenue service vehicle when required to be operated by a Commercial Driver’s License (CDL) holder, and; c) controlling the dispatch or movement of a revenue service vehicle or equipment used in revenue service.
On August 1, 2001, the final rule on the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations (DOT 49 CFR Part 655) went into effect. This rule replaces FTA’s previous drug and alcohol-testing rules referenced above and conforms to the DOT’S new drug and alcohol testing procedures rule (DOT 49 CFR Part 40).
DISCUSSION
The Transportation Department has developed an updated policy (Policy) in accordance with all applicable State and Federal regulations governing workplace anti-drug use and alcohol misuse programs in the transportation industry. This Policy has been reviewed by Human Resources Director Serena Wright and LPM Consulting, Inc.’s President Leila Procopio Makuh, who is a drug and alcohol policy federal auditor for the FTA. The basic components of the regulations include the testing of safety sensitive employees for the use of controlled substances and misuse of alcohol, as well as the requirement for a policy statement, education, and the specification of consequences if an employee engages in behavior prohibited by the Policy. The various types of testing safety sensitive employees could undergo include: pre-employment, random, post-accident, follow-up, and return to duty.
One significant change in the Policy is based on an agreement between the Culver City Employees Association (CCEA) and the City Manager to allow both full-time and part-time employees to perform modified duty at the discretion of the Transportation Department until their post-accident or reasonable suspicion drug test results have been provided, which does not apply to split testing. In the past, full-time employees were placed on paid status, unless the employee was suspended for any additional grounds concurrently with the pendency of receipt of test results.
The Policy has also being updated to reflect amendments to FTA 49 CFR Part 655 (“Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations”) adopted since August 1, 2001.
The City’s current Drug-Free Workplace and Drugs/Alcohol in the Workplace Policy (City Council Policy 4004) includes language that references the Transportation Department’s policy as required by the FTA.
FISCAL ANALYSIS
The costs of the mandated program including laboratory testing, medical review, and administrative costs are included in the City Council Adopted Budget for Fiscal Year 2015/2016. There will be no General Fund money used to purchase these services.
ATTACHMENTS
1. Proposed Resolution
RECOMMENDED MOTIONS
That the City Council:
Adopt a resolution approving the Transportation Department’s updated Drug and Alcohol Policy.