HomeMy WebLinkAboutResolution No. 589-06 ib
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• RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt
personnel policies entitled "Possession of Valid Driver's License or Commercial Driver's License
(CDL) Based on the Job Description Requirement" and "Motor Vehicle Drug and Alcohol
Testing." Copies of the policies are attached.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS �9,0M DAY OF 2006.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: / v
CrTY CLERK
.APPROVED THIS 2�5T DAY OF 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res05\Adopt.PersPo1ir_y.CDL MVDrujes: 1.
•
POSSESSION OF VALID DRIVER'S LICENSE OR COMMERCIAL DRIVER'S
LICENSE (CDL) BASED ON THE JOB DESCRIPTION REQUIREMENT
Obiective
A. To provide the basis for management control of the workforce.
B. To define the City of Rochester's work requirements and qualifications as they pertain to
maintaining a valid driver's license or a valid commercial driver's license (CDL) where
required.
C. To establish clearly defined employment standards as they pertain to employees who drive
vehicles while working for the City of Rochester and are therefore required to maintain a
valid driver's license or a valid CDL where required.
D. To ensure employees driving on behalf of the City of Rochester are driving safely and
complying with all licensing requirements.
E. Licenses and endorsement suspensions related to personal medical conditions and
renewal-related problems are outside of the intended scope of this policy.
Content
. A. This policy applies to all "driver's license required" positions as identified in each
employee's position description and those employees who could reasonably expect to drive
a vehicle on behalf of the City of Rochester.
B. This policy describes the process for regular motor vehicle records checks for those
employees in a "driver's license required" position.
C. This policy sets forth the consequences for:
1. Employees in "driver's license required" positions if they lose their driver's license.
2. Employees who operate a vehicle on company time, whether the vehicle is owned by
the City of Rochester or the employee, without the appropriate valid driver's license,
Minnesota driving privileges, or Commercial Driver's License (CDL).
3. Employees who fail to notify the City of Rochester of their loss of driving privileges.
Definitions
A. This policy applies to an employee's driving privileges as authorized by the State of
Minnesota, whether or not an employee has driving privileges authorized by any other
state.
B. Company time for purposes of this policy is defined as:
1. Working time during which an employee is paid wages or a salary;
•
2. A period during which an employee would be covered by any benefits arising from
employment, whether life insurance, travel insurance, health insurance, worker's
compensation, or other similar employee benefits; or
• 3. A period during which an employee's travel/mileage expenses are reimbursed by the
City of Rochester.
C. The Last Chance Agreement is a document that specifies terms and conditions for
continued employment. In accordance with that agreement, any violation within ten (10)
years of the date of the document that leads to the loss of driving privileges for any duration
will result in immediate termination without the ability to grieve the termination.
D. The phrase "complete loss of driving privileges" for the purposes of this Policy is defined as:
1. Loss of the Class D Drivers License, and
2. Loss of the Class B Commercial Drivers License (CDL).
E. The phrase "employee accommodation period" for the purposes of this Policy is defined as;
1. The first full day the Minnesota Department of Public Safety makes a determination that
the employee's drivers license is invalid, and
2. the last day of the specific accommodation period as it is stated in this Policy.
F. The term "one year" as used in this Policy to define the period of time for which the
Minnesota Department of Public Safety City suspends a CDL, shall consist of 365 days, the
total of which may not in all cases occur consecutively.
Provisions
A. All employees who could reasonably expect to operate a vehicle on behalf of the City of
Rochester and those employees in "driver's license required" positions are required to
maintain a valid driver's license as a condition of employment.
B. The loss of a driver's license and/or CDL must be reported to the employee's supervisor
immediately, and the employee will not be allowed to operate a vehicle on behalf of the City
of Rochester. Failure to notify the City could result in immediate termination. Procedures
for handling license revocation/suspension are outlined below in Section D.
C. All employees in a "driver's license required" position will participate in the City of
Rochester's periodic motor vehicle record check process. If, upon reviewing an employee's
motor vehicle records, the City becomes concerned with the number of offenses the
employee has incurred, the City will initiate a confidential coaching session with the
employee. Representation may be requested by either party to participate in the coaching
session. Employees are required to notify the City of Rochester of any citations issued
while driving on behalf of the City.
D. Any employee who knowingly operates a vehicle on behalf of the City of Rochester without
a valid driver's license or CDL will be immediately terminated.
E. The following actions will be taken upon loss of driving privileges:
1. Citations issued while driving on behalf of the City of Rochester:
a. Any single event that leads to a complete loss of driving privileges for thirty (30)
days or more, which is issued while the employee is driving on City time, will result
in immediate termination of the employee.
• b. An employee who commits a driving violation while driving on City time but who
does not lose their driving privileges for thirty (30) days or more will be
accommodated under Provisions E. 4. A condition of this accommodation will be
that the employee will be required to sign a Last Chance Agreement. An
employee who does not sign this Last Chance Agreement will be immediately
terminated.
c. Any employee who is convicted of operating a City of Rochester motor vehicle
under the influence of alcohol or illegal drugs, or who loses their driving privileges
under the implied consent laws, while the employee is driving on City time, will be
immediately terminated. Employees who are charged with violations under these
conditions will be subject to immediate layoff without pay until such time as the
judicial or administrative judgment is final.
2. Citations issued while driving on personal time:
a. For a driving violation occurring on personal time, which results in the complete
loss of driving privileges for no more that one hundred eighty (180) days, the
employee accommodation period will be for no more than one hundred eighty
(180) days under Provisions E. 4. A condition of accommodation will be that the
employee signs a Last Chance Agreement as defined in Definitions C. An
employee who does not sign this Last Chance Agreement will be terminated.
b. For a driving violation occurring on personal time, which results in the complete
• loss of driving privileges for more than one hundred eighty (180) days but a year or
less, the employee accommodation period will be for no more than one hundred
eighty (180) days under Provisions E. 4. For the time between the end of the
accommodation period and one (1) year, the employee shall be in a layoff status
without pay. A condition of accommodation will be that the employee signs a Last
Chance Agreement as defined in Definitions C. An employee who does not sign
this Last Chance Agreement will be terminated.
c. Any complete loss of driving privileges for more than a year will result in the
employee being terminated effective on the date the Minnesota Department of
Public Safety suspends or otherwise invalids the employee's driving privileges...
3. Citations affecting the CDL:
a. Any driving violation which results in the first time suspension of the CDL but
retention of Class D driving privileges the employee accommodation period will be
for nor more than one (1) year. The employee accommodation period begins with
the first full day that the CDL becomes invalid as determined by the Minnesota
Department of Public Safety. A condition of accommodation will be that the
employee signs a Last Chance Agreement as defined in Definitions C. An
employee who does not sign this Last Chance Agreement will be terminated.
b. Any driving violation which results in the permanent loss of the CDL will result in
the termination of the employee effective the date the Minnesota Department of
Public Safety revokes the employee's CDL.
4. Accommodations will be handled on a job requirements basis and case by case basis
and administered by the respective City Department Head to whom the employee
reports. Accommodations will, at a minimum, include removal from any scheduled
overtime, including but not limited to standby and/or after-hours call outs.
• No such accommodation will be made if:
➢ the job responsibilities or tasks requiring a driver's license or commercial
driver's license (CDL) cannot be readily performed by another employee,
➢ other duties are not available, or
➢ no reasonable need exists for the accommodation as determined by the
Department Head or his/her designee.
A Department Head may limit the number of employees eligible for accommodation
within his/her Department.
Accommodations may also include but are not limited to:
➢ staying in the current position with or without a reduction in wages, or
➢ the temporary reclassification into another position with wages to reflect
the reclassification, if out-of-class pay is dictated by Labor Agreements, or
➢ a temporary layoff without pay until the license is reinstated.
Employee shall be reinstated to their former position at the end of the accommodation
period provided there are no other extenuating circumstances related to employees
conduct on or off the job during the accommodation period or employees ability to
• perform all the duties of their former position. Any accommodation will not relieve an
employee from any disciplinary action taken prior to the date of the accommodation.
A driving violation, which results in the accommodation, will not be considered as a
separate disciplinary step, which could lead to termination of employment. Any
accommodations must be confirmed by a letter signed by the employee and, if
applicable, the employee's union representative stating the accommodation shall not
be considered a precedent in any future employee disciplinary case.
Vacation and/or sick leave cannot be used to extend or postpone the period of the
accommodation.
Responsibility
The City of Rochester shall be responsible for administering this policy.
November 2006
• LAST CHANCE AGREEMENT — UNION EMPLOYEE
Terms and Conditions for Maintaining your Employment
To: Employee Name
From: City of Rochester
CC: Employee Personnel File
Date:
This Last Chance Agreement is being issued because of your failure to comply with the
requirements of the Possession of Valid Driver's License or Commercial Driver's License (CDL)
Based on the Job Description Requirement City of Rochester personnel policy. Effective
immediately, you are being placed on probationary status for ten (10) years from the date of this
agreement.
Blatant violation of any City of Rochester policy or work rule related to the operation of City
vehicles or equipment will be grounds for termination of your employment.
Any alcohol or drug-related violation which results in your loss of driving privileges, for any
length of time, shall result in your immediate termination.
If you violate any of the terms and conditions outlined in this agreement, your employment will
• be immediately terminated. The only issue which may be presented for review pursuant to the
grievance procedure will be whether or not you violated the conditions of this agreement. The
arbitrator will have no authority to modify or set aside the discharge action if a violation of one of
the conditions of this agreement is found to have occurred.
This agreement will not set a precedent and is without prejudice to future cases involving other
employees.
Accepted and Agreed,
Department Head Employee
Date Date
Business Representative
•
Date
June 2006
CITY OF ROCHESTER
PERSONNEL POLICY
• MOTOR VEHICLE DRUG AND ALCOHOL TESTING
Purpose:
Vehicular accidents can be costly in terms of human injury, lost work time, vehicle repair, and
higher City-paid insurance costs. This policy is to define minimum qualifications for drivers of
City commercial vehicles and standards for commercial vehicle operation.
Policy:
A. Driver Qualifications
This policy shall apply to all City of Rochester employees who are required to maintain a
commercial driver's license (CDL) whether under federal law, state law, administrative law, job
description,or civil service rules.
An employee can operate a City commercial vehicle only if s/he is
1. aged 21 or older;
2. a holder of a valid license for the class of vehicle in question; and
3. otherwise qualified under federal and state regulations to drive the vehicle assigned.
• This policy is meant to comply with the Federal Highway Administration Controlled Substances
and Alcohol Use and Testing Regulations (49 C.F.R. Part 382; 383, subpart D; and 384.219)
and Minnesota Statutes 181.950 - 181.957).
In the case of an inconsistency between this policy and/or a collective bargaining agreement
and any federal law or administrative rule, the federal law or administrative rule shall prevail.
B. Alcohol Use Regulations
Employees are prohibited from performing safety-sensitive functions including being at the
driving controls of a commercial motor vehicle (CMV); waiting to be dispatched; inspecting,
servicing or conditioning a CMV; in or on a CMV; loading or unloading or providing oversight of
these actions; repairing, getting assistance, or staying with a disabled vehicle:
1. while having a breath alcohol concentration of 0.04 percent or greater as indicated by
an alcohol breath test,
2. while using alcohol,
3. within four (4) hours after consuming alcohol,
4. if the employee refuses to submit to an alcohol test, or
5. within eight (8) hours after an accident or until completing an alcohol breath test if
required to be tested as a result of involvement in the accident.
CITY OF ROCHESTER
PERSONNEL POLICY
Performing a safety-sensitive function(s) means the period from the time a driver begins to work
or is required to be in readiness to work until the time he or she is relieved from work.
Any City employee subject to this policy who violates any of these regulations will be prohibited
from performing any safety-sensitive function(s) and may be subject to disciplinary action up to
and including involuntary termination.
C. Alcohol Testing
The following alcohol tests are required under this policy:
1. Post-Accident Testing: An alcohol test must be conducted within eight hours after any
accident involving an employee driving a City-assigned vehicle. An accident while
operating a commercial motor vehicle on a public roadway occurs when there is a
fatality; or the CMV driver is ticketed for a moving violation. If ticketed, then one or
both of the following must also occur a) disabling damage (at least one towed vehicle)
and/or b) an injury treated away from the scene. An alcohol test will also be required
for any employee involved in a fatal accident even if he employee is not cited for a
moving traffic violation. A breath or blood test for use of alcohol administered by police
or public safety officials may be substituted for any post-accident test.
2. Reasonable Suspicion Testing: An alcohol test must be conducted within eight hours
whenever a supervisor, department head or other City official has reasonable suspicion
to believe an employee has violated any prohibited alcohol use regulation set forth
• above. Reasonable Suspicion means at least one supervisor or City official has
observed behavior, appearance, speech or odors that are characteristic of alcohol use.
Use "Reasonable Cause Record —Observed Behavior" form.
3. Random Testing: On an unannounced basis, random alcohol tests will be given to
employees just before, during or just after driving assignments. At least twenty-five
percent (25%) of all employees will be subject to random testing each year.
Employees selected for testing must proceed immediately to the testing site. If a City
vehicle is not available the employee will be reimbursed mileage for using his or her
own vehicle. Employees may be selected for more than one (1) test per year.
The regulations provide for modification of the random testing rate depending on the
rate of violations in each jurisdiction subject to the regulations. The random testing
rate could be adjust upward to fifty percent (50%) or downward to ten percent (10%).
4. Return-to-Duty and Follow-up Testing: Every person eligible and approved as
determined by the City to return to work after violation of any prohibited alcohol use
regulation set forth above is required to submit to an alcohol test. An employee will not
be approved to return to duty unless the alcohol test shows an alcohol concentration
less than 0.02 percent. In addition, an employee eligible and approved to return to work
as determined by the City after violating any prohibited alcohol use rule will be subject
to a minimum of at least six (6) unannounced follow-up alcohol tests during the first
twelve (12) months after an employee returns to duty. Follow-up testing can, as
permitted by federal regulations, be extended for a period of sixty (60) months following
the return to duty.
• D. Prohibited Controlled Substances Use Regulations
CITY OF ROCHESTER
PERSONNEL POLICY
1. No employee shall report for duty or remain on duty when the employee has used or
uses any controlled substance. An exception exists when use of the controlled
substance 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 safety operate a
City motor vehicle.
2. No employee shall report for duty or remain on duty if the employee tests
positive for any controlled substance.
3. An employee who tests positive for a controlled substance is medically unqualified to
operate a City motor vehicle. He/she must call his/her supervisor so the supervisor can
arrange a ride home from the testing site since the employee is no longer authorized to
drive a motor vehicle. A refusal to be tested is treated as a positive test and an
employee who refuses to submit to a required drug test shall not be permitted to
operate a commercial motor vehicle.
E. Controlled Substances Testing
The following drug tests are required under this policy:
1. Pre-employment Testing: All job applicants, including persons currently employed by
the City of Rochester, applying for a job where duties include operating commercial
motor vehicles are required to undergo testing for controlled substances. The job offer
will be contingent upon a negative drug test report. An applicant is not required to
• submit to a pre-employment controlled substance test if:
a. the applicant has participated in a controlled substances testing program that
meets the requirements of this policy within the preceding thirty (30) days, and
b. while participating in that testing program was tested within the preceding six (6)
months or participated in a random controlled substances testing program
continuously for the preceding twelve (12) months, and
c. if the City of Rochester verifies that no prior employer of the applicant has any
record of a violation of controlled substance use rules of any Department of
Transportation agency in the preceding six (6) months.
In order to rely on the pre-employment controlled substances test exception, the
City must contact the controlled substances testing program in which the applicant
has participated and obtain the following information:
• the name and address of the program(s);
• verification of the applicant's participation in the program(s);
• verification that the program(s) conforms to the federal regulations;
• verification that the applicant is qualified under the federal regulations;
. • the date the applicant was last tested for controlled substances; and
• CITY OF ROCHESTER
PERSONNEL POLICY
the results of any controlled substance test taken within the last six (6) months
• and a record of any violations of the alcohol and controlled substance use
regulations.
2. Post-Accident Testing: Within thirty-two (32) hours of any accident (see definition in
C.1) involving an employee who receives a citation for a moving violation, a controlled
substance test will be conducted. A controlled substance test will also be required for
any employee involved in a fatal accident even if the employee is not cited for a moving
traffic violation. A urine test for drugs administered by police or public safety official as
a result of the accident may be substituted for a post-accident controlled substance test.
3. Random Testing: All employees shall be subject to controlled substance testing on a
random selection basis. Random controlled substance tests are unannounced and at
least fifty percent (50%) of the employees will be tested annually. A random controlled
substance test may be required at any time the employee is at work. Employees
selected for testing must proceed immediately to the testing site. Employees shall be
tested on work time and should use a City vehicle to travel to and from the collection
site. If a City vehicle is not available the employee will be reimbursed mileage for using
his or her own vehicle. Employees may be selected for more than one (1) test per year.
Tests shall be spread reasonably throughout the year.
4. Reasonable Suspicion Testing: An employee shall be required to submit to a controlled
substance test when the City of Rochester has reasonable suspicion to believe the
• employee has violated the controlled substances regulations described above.
Reasonable suspicion means that at least one supervisor or City official has observed
behavior, appearance, speech or odors that are characteristic of controlled substances
misuse.
5. Return-to-Duty and Follow-up Testing: An employee eligible and approved to return to
work as determined by the City after violation of any controlled substances regulation is
required to submit to a return-to-duty controlled substances test. An employee will not
be approved to return to work unless the controlled substance test is negative for
controlled substances. An employee returning to work after any violation of the
controlled substances regulation will be subject to a minimum of at least six (6)
unannounced controlled substance test during the first twelve (12) months after
returning to work. Follow-up testing can, under the circumstances set forth in the
federal regulation, be extended for a period of sixty (60) months following the return to
work.
F. Consequences of Engaging in Prohibited Alcohol or Controlled Substances Use
1. Every employee who engages in any violation of the prohibited alcohol or controlled
substances use regulations will be immediately removed from duty. Every employee
who has violated any regulation cannot return to duty until he/she has been evaluated
by a substance abuse professional and complied with all treatment recommendations.
2. At a minimum, an employee who has violated the prohibited alcohol use rules will not
be approved to return to duty unless a return-to-duty alcohol test shows an alcohol
concentration of less than 0.02 percent. At a minimum, an employee who has violated
• the controlled substances abuse rules will not be allowed to return to duty unless a
return-to-duty controlled substances test shows a verified negative result. The City of
CITY OF ROCHESTER
PERSONNEL POLICY
• Rochester will also take appropriate disciplinary measures, up to and including
discharge of any employee who has violated the prohibited alcohol or controlled
substances regulations.
3. In addition, employees who are found to have an alcohol concentration greater than
0.02 percent, but less than 0.04 percent when tested before, during or after driving
duties must be removed from driving duty for a minimum of twenty-four (24) hours.
G. Refusal to Test
If an employee refused to submit to a test required under this policy, he/she shall be subject to
discipline, up to and including discharge. Refusal to test will be treated as a positive test and
the fact of his/her failure or refusal may be used as evidence against him/her. In addition, an
employee who refuses to submit to a lawfully required alcohol or controlled substance test will
not be permitted to operate a City motor vehicle. Failure to provide adequate breath without a
Valid medical explanation constitutes a refusal to submit to an alcohol test. Engaging in conduct
that clearly obstructs any drug or alcohol testing process also constitutes a refusal to submit to a
test.
In addition, any employee subject to post-accident drug and/or alcohol testing who leaves the
scene of an accident before a test is administered or fails to remain readily available for testing
may be deemed to have refused to submit to testing. Such a refusal will be treated as if the
employee had a verified positive controlled substances test and/or had an alcohol test result of
0.04 percent or greater. (See "Drug Information Guide" or find it on line at Human Resources
• web site.)
H. Dilute Samples
If an employee or applicant provides a dilute specimen for testing, the individual will be required
to submit to additional testing.
I. Failure to Provide Adequate Specimen
If the employee or applicant fails to provide an adequate specimen for testing, the individual will
be required to remain at the testing facility and drink fluids until such time as an adequate
sample is given. If the individual is unable to provide a sample within three hours, the individual
will be treated as though he/she produced a positive result unless medical certification is
provided that indicates the individual has a medical condition that precludes him/her from
producing an adequate specimen.
J. Confidentiality
Driver drug and alcohol testing records are confidential. Test results and other confidential
information will be disclosed to the driver, a substance abuse professional, and any other
person or entity as authorized by law. Any other disclosure of testing information shall require
the employee's consent.
K. Alcohol and Controlled Substances Program Manager
The Director of Human Resources will coordinate the implementation, direction, and
Is administration of the City's Motor Vehicle Drug and Alcohol Testing policy. The Director of
Human Resources is the principal contact for the collection site, the testing lab, the Medical
CITY OF ROCHESTER
PERSONNEL POLICY
Review Officer, the Breath Alcohol Technician and the person tested. Employee questions
concerning this policy should be directed to the Director of Human Resources.
L. Employee Assistance Program
The City of Rochester encourages any employee with any problem relating to alcohol or
controlled substances use to seek professional help. Employees seeking assistance with such
problems are urged to contact Human Resources and/or the Center For Effective Living; 1027
NW 7th Street, Rochester; (507) 288-5675.
M. Record keeping
All records related to the administration and results of this policy will be maintained for a
minimum of five (5) years. However, individual negative test results will be maintained for a
minimum of one (1) year.
Revised 12/19/05
Revised 11/20/06
•