Drug and Alcohol Policy - DBA The JuleCopyrighted
December 16, 2024
City of Dubuque
City Council
CONSENT ITEMS # 17.
ITEM TITLE: Drug and Alcohol Policy - DBA The Jule
SUMMARY: City Manager recommending City Council adopts and
approves the Drug and Alcohol Policy for the City of Dubuque
Transit Division (DBA) The Jule.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Memo to MVM for Drug and Alcohol Policy
3. FTA Drug & Alcohol Policy
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THE CITY OF
DUBE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Drug and Alcohol Policy — DBA The Jule
DATE: December 11, 2024
Dubuque
AI WIN av
2007-2012.2013
2017*2019
Director of Transportation Services Ryan Knuckey is recommending City Council adopts
and approves the Drug and Alcohol Policy for the City of Dubuque Transit Division
(DBA) The Jule.
The Jule has a triennial review every three years, during the review the FTA consultants
reviewed current policies and procedures. At the time of the review, the FTA noted that
The Jule's Drug and Alcohol Policy was not adopted by the City Council. To resolve this
finding, the FTA is requiring The Jule to have City Council adopt and approve the Drug
and Alcohol Policy by January Th, 2025. Once approved, The Jule needs to submit to
the FTA the approved policy.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Y
Mic ael C. Van Milligen
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Ryan Knuckey, Director of Transportation Services
Jodi Johnson, Transit Supervisor
Russ Stecklein, Parking Supervisor
Tony Breitbach, Purchasing & Risk Manager
Shelley Stickfort, Chief Human Resources Officer
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Dubuque
THE CITY OF
UB E
All-Ameria Ciq
,NW I165:11 Nlil:
' I I'
2007*2012*2013
2017*2019
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Ryan Knuckey, Director of Transportation Services
SUBJECT: Drug and Alcohol Policy — DBA The Jule
DATE: December 2, 2024
BACKGROUND:
The Jule had a triennial review in August of 2024. There was a finding stating that The
Jule needed their Drug and Alcohol Policy adopted and approved by the City Council.
The Jule has a triennial review every three years, during the review the FTA consultants
reviewed current policies and procedures. At the time of the review, the FTA noted that
The Jule's Drug and Alcohol Policy was not adopted by the City Council. To resolve this
finding, the FTA is requiring The Jule to have City Council adopt and approve the Drug
and Alcohol Policy by January 7t", 2025. Once approved, The Jule needs to submit to
the FTA the approved policy.
REQUESTED ACTION:
I respectfully request City Council adopts and approves the Drug and Alcohol Policy for
the City of Dubuque Transit Division (DBA) The Jule.
Cc: Jodi Johnson, Transit Supervisor
Russ Stecklein, Parking Supervisor
Tony Breitbach, Purchasing Coordinator
Shelley Stickfort, Chief Human Resources Officer
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FTA Drug and Alcohol Policy — City of Dubuque Transit Division DBA The Jule
City of Dubuque Transit Division DBA
The Jule
Drug and Alcohol Policy
Adopted by:
Effective as of November 1, 2024
Date Adopted: [dd/mm/yyyy]
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FTA Drug and Alcohol Policy — City of Dubuque Transit Division DBA The Jule
Table of Contents
1. Purpose of Policy .............................
2. Covered Employees .........................
3. Prohibited Behavior .........................
4. Consequences for Violations ...........
5. Circumstances for Testing ................
6. Testing Procedures ..........................
7. Test Refusals ....................................
S. Prescription Drug Use ......................
9. Contact Person .................................
Attachment A: Covered Positions ..............
Last Revised: 110/15/20241
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FTA Drug and Alcohol Policy City of Dubuque Transit Division DBA The Jule
I. Purpose of Policy
This policy complies with 49 CFR Part 655, as amended and 49 CFR Part 40, as amended. Copies of
Parts 655 and 40 are available in the drug and alcohol program manager's office and can be found on the
internet at the Federal Transit Administration (FTA) Drug and Alcohol Program website
http://transit-safeiy.fta.dot. og v/DrugAndAlcohol/.
All covered employees are required to submit to drug and alcohol tests as a condition of employment in
accordance with 49 CFR Part 655.
Portions of this policy are not FTA-mandated, but reflect City of Dubuque Transit Division DBA The
Jule's policy. These additional provisions are identified by bold text.
In addition, DOT has published 49 CFR Part 32, implementing the Drug -Free Workplace Act of 1988,
which requires the establishment of drug -free workplace policies and the reporting of certain drug -related
offenses to the FTA.
All City of Dubuque Transit Division DBA The Jule employees are subject to the provisions of the
Drug -Free Workplace Act of 1988.
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is
prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for
a violation occurring in the workplace shall notify their supervisor no later than five days after
such conviction.
2. Covered Employees
This policy applies to every person, including an applicant or transferee, who performs or will perform a
"safety -sensitive function" as defined in Part 655, section 655.4.
You are a covered employee if you perform any of the following:
• Operating a revenue service vehicle, in or out of revenue service
• Operating a non -revenue vehicle requiring a commercial driver's license
• Controlling movement or dispatch of a revenue service vehicle
• Maintaining (including repairs, overhaul and rebuilding) of a revenue service vehicle or
equipment used in revenue service
• Carrying a firearm for security purposes
See Attachment A for a list of covered positions by job title.
3. Prohibited Behavior
Use of illegal drugs is prohibited at all times. Prohibited drugs include:
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FTA Drug and Alcohol Policy City of Dubuque Transit Division DBA The Jule
• marijuana
• cocaine
• phencyclidine (PCP)
• opioids
• amphetamines
All covered employees are prohibited from performing or continuing to perform safety -sensitive functions
while having an alcohol concentration of 0.02 or greater.
All covered employees are prohibited from consuming alcohol while performing safety -sensitive job
functions or while on -call to perform safety -sensitive job functions. If an on -call employee has consumed
alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. If the
on -call employee claims the ability to perform his or her safety -sensitive function, he or she must take an
alcohol test with a result of less than 0.02 prior to performance.
All covered employees are prohibited from consuming alcohol within four (4) hours prior to the
performance of safety -sensitive job functions.
All covered employees required to take a post -accident test are prohibited from consuming alcohol for
eight (8) hours following involvement in an accident or until he or she submits to the post -accident drug
and alcohol test, whichever occurs first.
4. Consequences for Violations
Following a positive drug or alcohol (BAC at or above 0.02) test result or test refusal, the employee will
be immediately removed from safety -sensitive duty and provided with contact information for Substance
Abuse Professionals (SAPS).
Following a BAC of 0.02 or greater, the employee will be immediately removed from safety -sensitive
duties until the start of their next regularly scheduled duty period (but for not less than eight hours) unless
a retest results in the employee's alcohol concentration being less than 0.02.
Zero Tolerance
Per City of Dubuque Transit Division DBA The Jule policy, any employee who tests positive for
drugs or alcohol (BAC at or above 0.02) or refuses to test will be terminated from employment.
5. Circumstances for Testing
Pre -Employment Testing
Pre -employment alcohol tests are conducted after making a contingent offer of employment or transfer.
All pre -employment alcohol tests will be conducted using the procedures set forth in 49 CFR Part 40. An
alcohol test result of less than 0.02 is required before an employee can first perform safety -sensitive
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FTA Drug and Alcohol Policy — City of Dubuque Transit Division DBA The Jule
functions. If a pre -employment alcohol test is cancelled, the individual will be required to undergo
another test with a result of less than 0.02 before performing safety -sensitive functions.
A negative pre -employment drug test result is required before an employee can first perform safety -
sensitive functions. If a pre -employment test is cancelled, the individual will be required to undergo
another test and successfully pass with a verified negative result before performing safety -sensitive
functions.
If a covered employee has not performed a safety -sensitive function for 90 or more consecutive calendar
days, and has not been in the random testing pool during that time, the employee must take and pass a
pre -employment test before he or she can return to a safety -sensitive function.
A covered employee or applicant who has previously failed or refused a DOT drug and/or alcohol test
must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting
DOT requirements.
Reasonable Suspicion Testing
All covered employees shall be subject to a drug and/or alcohol test when City of Dubuque Transit
Division DBA The Jule has reasonable suspicion to believe that the covered employee has used a
prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made
by a trained supervisor or other trained company official on the basis of specific, contemporaneous,
articulable observations concerning the appearance, behavior, speech, or body odors of the covered
employee.
Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered
employees may be subject to reasonable suspicion alcohol testing while the employee is performing
safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after
the employee has ceased performing such functions.
Post -Accident Testing
Covered employees shall be subject to post -accident drug and alcohol testing under the following
circumstances:
Fatal Accidents
As soon as practicable following an accident involving the loss of a human life, drug and alcohol
tests will be conducted on each surviving covered employee operating the public transportation
vehicle at the time of the accident. In addition, any other covered employee whose performance
could have contributed to the accident, as determined by City of Dubuque Transit Division DBA
The Jule using the best information available at the time of the decision, will be tested.
Non -fatal Accidents
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FTA Drug and Alcohol Policy — City of Dubuque Transit Division DBA The Jule
As soon as practicable following an accident not involving the loss of a human life, drug and
alcohol tests will be conducted on each covered employee operating the public transportation
vehicle at the time of the accident if at least one of the following conditions is met:
(1) The accident results in injuries requiring immediate medical treatment away from the
scene, unless the covered employee can be completely discounted as a contributing
factor to the accident
(2) One or more vehicles incurs disabling damage and must be towed away from the
scene, unless the covered employee can be completely discounted as a contributing
factor to the accident
(3) The vehicle is a rail car, trolley car or bus, or vessel, and is removed from operation,
unless the covered employee can be completely discounted as a contributing factor to
the accident
In addition, any other covered employee whose performance could have contributed to the
accident, as determined by City of Dubuque Transit Division DBA The Jule using the best
information available at the time of the decision, will be tested.
A covered employee subject to post -accident testing must remain readily available, or it is considered a
refusal to test. Nothing in this section shall be construed to require the delay of necessary medical
attention for the injured following an accident or to prohibit a covered employee from leaving the
scene of an accident for the period necessary to obtain assistance in responding to the accident or to
obtain necessary emergency medical care.
Random Testing
Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering
random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all
times of the day when safety -sensitive functions are performed.
Testing rates will meet or exceed the minimum annual percentage rate set each year by the FTA
administrator. The current year testing rates can be viewed online at
www.transportation. og v/odapc/random-testing rates.
The selection of employees for random drug and alcohol testing will be made by a scientifically valid
method, such as a random number table or a computer -based random number generator. Under the
selection process used, each covered employee will have an equal chance of being tested each time
selections are made.
A covered employee may only be randomly tested for alcohol misuse while the employee is performing
safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after
the employee has ceased performing such functions. A covered employee may be randomly tested for
prohibited drug use anytime while on duty.
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FTA Drug and Alcohol Policy — City of Dubuque Transit Division DBA The Jule
Each covered employee who is notified of selection for random drug or random alcohol testing must
immediately proceed to the designated testing site.
6. Testing Procedures
All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended.
Dilute Urine Specimen
If there is a negative dilute test result, City of Dubuque Transit Division DBA The Jule will conduct one
additional retest. The result of the second test will be the test of record.
Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5
mg/dL require an immediate recollection under direct observation (see 49 CFR Part 40, section 40.67).
Split Specimen Test
In the event of a verified positive test result, or a verified adulterated or substituted result, the employee
can request that the split specimen be tested at a second laboratory. City of Dubuque Transit Division
DBA The Jule guarantees that the split specimen test will be conducted in a timely fashion. The City
employee will be required to pay for the split specimen test at a separate laboratory.
7. Test Refusals
As a covered employee, you have refused to test if you:
(1) Fail to appear for any test (except a pre -employment test) within a reasonable time, as determined by
City of Dubuque Transit Division DBA The Jule.
(2) Fail to remain at the testing site until the testing process is complete. An employee who leaves the
testing site before the testing process commences for a pre -employment test has not refused to test.
(3) Fail to provide a specimen for a drug or alcohol test. An employee who does not provide a specimen
because he or she has left the testing site before the testing process commenced for a pre-
employment test has not refused to test.
(4) In the case of a directly -observed or monitored urine drug collection, fail to permit monitoring or
observation of your provision of a specimen.
(5) Fail to provide a sufficient specimen for a drug or alcohol test without a valid medical explanation.
(6) Fail or decline to take a second drug test as directed by the collector or City of Dubuque Transit
Division DBA The Jule.
(7) Fail to undergo a medical evaluation as required by the MRO or City of Dubuque Transit Division
DBA The Jule's Designated Employer Representative (DER).
(8) Fail to cooperate with any part of the testing process.
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FTA Drug and Alcohol Policy — City of Dubuque Transit Division DBA The Jule
(9) Fail to follow an observer's instructions to raise and lower clothing and turn around during a
directly -observed urine drug test.
(10) Possess or wear a prosthetic or other device used to tamper with the collection process.
(11) Admit to the adulteration or substitution of a specimen to the collector or MRO.
(12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
(13) Fail to remain readily available following an accident.
As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result,
you have refused to take a drug test.
As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences
as testing positive and will be immediately removed from performing safety -sensitive functions, and
provided with contact information for SAPS.
8. Prescription Drug Use
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited.
However, the use of any substance which carries a warning label that indicates that mental
functioning, motor skills, or judgment may be adversely affected must be reported to their direct
supervisor. Medical advice should be sought, as appropriate, while taking such medication and
before performing safety -sensitive duties.
9. Contact Person
For questions about City of Dubuque Transit Division DBA The Jule's anti -drug and alcohol misuse
program, contact Ryan Knuckey, Director of Transportation Services at 563-589-4341 or
rknuckey@cityofdubuque.org.
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FTA Drug and Alcohol Policy — City of Dubuque Transit Division DBA The Jule
Attachment A: Covered Positions
Director of Transportation Services
Operation Supervisors
Bus operators
Transit Dispatch/Schedulers
Transit Service Workers
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