0485 (0tg
RESOLUTION NO. 455 (`9 - 95)
A RESOLUTION 70 INCORPORATE THE FEDERAL DEPARTMENT OF TRANSPORTATION'S
RULES FOR CONTROLLED SUBSTANCES AND ALCOHOL TES77NG, UPDA77NG THE
OMNIBUS TRANSPORTA77ON EMPLOYEE TES77NG ACT OF 199 / INTO EXISPNG
PERSONNEL POLICIES; AMENDING ANY PERSONNEL POLICY PROVIDING FOR CERTA /N
CONDITIONS OF EMPLOYMENT DECLARING AN EMERGENCY, AND, FOR OTHER
PURPOSES.
WHEREAS, PURSUANT TO CONGRESSIONAL MANDATE, THE U. S. DEPARTMENT OF
TRANSPORTATION (DOT) HAS HANDED DOWN IN ITS 1994 FINAL RULES FOR CONTROLLED
SUBSTANCES AND ALCOHOL TESTING, (HEREUNDER CALLED THE RULES), UPDATING DOT'S
APPLICATION AND ENFORCEMENT OF THE OMNIBUS TRANSPORTATION EMPLOYEE TESTING Act OF
1991;
WHEREAS, ALL EMPLOYEES OCCUPYING POSITIONS REQUIRING A COMMERCIAL DRIVERS
LICENSE TO CARRY OUT THE DUTIES OF THEIR POSITION WILL NOW BE SUBJECT TO THE RULES
AND REGULATIONS SET FORTH BY DOT, INCLUDING THOSE FOR DRUG AND ALCOHOL TESTING,
BEGINNING JANUARY 1 , 1 996; AND,
WHEREAS, THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS IS COMMITTED
TO MAINTAINING A SAFE WORKPLACE FOR ITS EMPLOYEES AND USERS OF THE PUBLIC HIGHWAYS
THAT IS FREE FROM ILLEGAL DRUG USE AND THE MISUSE OF ALCOHOL.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
JACKSONVILLE, ARKANSAS, THAT:
SECTION I : ALL PERSONNEL POLICIES OF THE CITY OF JACKSONVILLE, ARKANSAS, ARE
HEREBY REVISED AND AMENDED TO INCORPORATE THE 1 994 DOT FINAL RULES REGARDING
CONTROLLED SUBSTANCE AND ALCOHOL TESTING. A COPY OF SAID RULES IS ATTACHED HERETO
AND BY REFERENCE 15 INCORPORATED HEREIN.
SECTION 2: THIS RESOLUTION SHALL SPECIFICALLY AMEND ANY PERSONNEL POLICY
PROVIDING FOR CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WHOSE DUTIES REQUIRE THEM TO
MAINTAIN A COMMERCIAL DRIVER'S LICENSE IN ORDER TO LAWFULLY PERFORM THEIR DUTIES.
SECTION 3: ANY RESOLUTION, RULE, REGULATION OR PART THEREOF IN CONFLICT
HEREWITH 15 HEREBY REPEALED.
SECTION 4: THE PERSONNEL DIRECTOR OR HIS AUTHORIZED DESIGNEE 15 HEREBY
DIRECTED TO ESTABLISH PROCEDURES TO ENSURE COMPLIANCE WITH THE RULES, INCLUDING THE
ASSIGNMENT OF A DESIGNATED REPRESENTATIVE RESPONSIBLE FOR THE EXECUTION OF THE
PROCEDURES.
SECTION 5: ANY LABORATORY, MEDICAL REVIEW OFFICER, SUBSTANCE ABUSE
PROFESSIONAL, OR ANY OTHER PROFESSIONAL WHO RECEIVES PAYMENT FOR TESTING,
EVALUATING, RECORD KEEPING, OR OTHER SERVICES MANDATED BY THE RULES MUST BE
QUALIFIED IN ACCORDANCE WITH THE RULES AND MUST PERFORM SUCH SERVICES IN
CONFORMANCE WITH 49 CFR, PART 40 AND PART 382.
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RESOLUTION No. 485
DECEMBER 7th , 1 995
PAGE Two
SECTION 6: DRUG AND ALCOHOL TESTING WILL BE ADMINISTERED TO THOSE EMPLOYEES
MANDATED BY THE RULES IN THE CIRCUMSTANCES AND IN THE MANNER(S) SPECIFICALLY MANDATED.
SECTION 7: THE PENALTY FOR REFUSAL TO TAKE A MANDATED TEST FOR DRUGS OR
ALCOHOL IS IMMEDIATE DISCHARGE. THE PENALTY FOR A POSITIVE DRUG TEST RESULT, ONCE THE
TIME LIMIT FOR REQUESTING A SECOND TEST OF A SPLIT SAMPLE HAS EXPIRED, OR UPON RECEIPT
OF A POSITIVE DRUG TEST RESULT FROM THE SECOND TEST, 15 IMMEDIATE DISCHARGE. THE
PENALTY FOR A POSITIVE ALCOHOL TEST RESULT 15 IMMEDIATE DISCHARGE.
SECTION 6: EMPLOYEES WHOSE INITIAL DRUG TEST RESULTS ARE POSITIVE AND WHO
REQUEST A TEST OF THE SECOND PORTION OF THE SPLIT SAMPLE WILL BE SUSPENDED WITHOUT
PAY UNTIL SUCH TIME AS THE "DESIGNATED REPRESENTATIVE" RECEIVES THE RESULTS OF THE
SECOND (SPLIT SAMPLE) TEST. ANY SUCH SECOND TEST WILL BE AT THE EMPLOYEE'S EXPENSE.
A NEGATIVE RESULT FROM THE SECOND (SPLIT SAMPLE) DRUG TEST WILL RENDER THE FIRST TEST
INVALID, AND THE EMPLOYEE WILL BE REINSTATED WITH BACK PAY AND REIMBURSEMENT FOR THE
COST OF THE SECOND TEST.
SECTION 9: IF ANY PROVISION OF THIS RESOLUTION I5 HELD INVALID BY A COURT OF LAW
OR SUBSEQUENT LEGISLATIVE ACTION, SUCH HOLDING SHALL IN NO WAY AFFECT THE VALIDITY OF
THE REMAINING PROVISIONS OR SECTIONS OF THIS RESOLUTION, WHICH SHALL REMAIN IN FULL
FORCE AND EFFECT.
SECTION I 0: THE NEED TO ADOPT THE DEPARTMENT OF TRANSPORTATIONS 1 994 FINAL
` - - -' RULES ON DRUG AND ALCOHOL TESTING, TO BE EFFECTIVE JANUARY I , 1 996, IS NECESSARY
FOR THE EFFECTIVE, EFFICIENT, AND SAFE OPERATION OF THE VEHICLES AND EQUIPMENT OWNED
BY THE CITY OF JACKSONVILLE, ARKANSAS, TO PROTECT THE HEALTH AND WELFARE OF ITS
CITIZENS WHO TRAVEL THE STREETS AND HIGHWAYS, AND FOR ITS EMPLOYEES IN THE WORKPLACE.
THEREFORE, AN EMERGENCY IS HEREBY DECLARED TO EXIST, AND THIS RESOLUTION SHALL BE
IN FULL FORCE AND EFFECT FROM AND AFTER JANUARY 1 , 1 996.
APPROVED AND ADOPTED THIS 7t DAY OF DECEMBER, 1 995.
TOMMY SWAIM, •YOR
ATTEST:
4 L� U . LEONARD, CCITY�C ERK
APPROVED AS TO FORM:
11 i
ROBERT.. BAMBU- dp O..