Agenda - Council - 01/09/1996 - Laserfiche WebLink

Home

FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS IMPLEMENTATION POLICY Purpose: The purpose of this policy is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This policy implements the requirements of the federal Omnibus Transportation Testing Act and the U.S. Department of Regulations, 49 C.F.R. Part 382. This policy is in addition to and separate from the City's Drug and Alcohol Testing Policy, which implements the requirements of state law, and the federal Drug Free Workplace Act of t 988. This policy is not intended to form a contract. Applicability: Employees (regular full-time, regular part-time, seasonal/temporary, and applicants for positions which require CDLs) who are required to obtain and hold a corranercial drivers license, unless waived by the Public Safety Exemption. Definitions: Accident - (1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a public road which results in: (a) a fatality, (b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident, (c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. (2) The term accident does not include: (a) an occurrence involving only boarding and alighting from a stationary motor vehicle, or (b) an occurrence involving only the loading or unloading of cargo, or (c) an occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defined in 571.3 of this title) by a motor carder and is not transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 177.823 of this title. Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyi alcohol. Alcohol concentration (or content) - the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this policy and federal regulations. I I I I I I i I I I I I I I I I I I I