Job Access Contract - Cab Co. ARC Use
THE CITY OF ~
DUB E
~~~
MEMORANDUM
January 24, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Job Access Contract with A-OK Cab Company
Economic Development Director David Heiar recommends City Council approval of a
contract with A-OK Yellow Cab Company for the purpose of providing evening,
weekend, and peak time transportation service to Area Residential Care using Job
Access Reverse Commute (JARC) funding matched with funding from Area Residential
Care and A-OK Yellow Cab Company.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
f1Jt~/1~ fA
Michael C. Van Milligen
~
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
THE CITY OF ( ,::.~
DUBUQLTE
~</k.~
MEMORANDUM
January 19, 2006
TO: Michael Van Milligen, City Manager
FROM' 0"" J. He~', Eoo""m~ Devel""me.. 01",_ 'W ~
SUBJECT: Job Access contract with A-OK Cab Company
PURPOSE
The purpose of this memo is to provide background information regarding a service
request from Area Residential Care and A-OK Yellow Cab Company, and to
recommend the use of an approved federal grant to fund this request.
BACKGROUND
The Transit Division is in possession of a $35,000 Job Access Reverse Commute
(JARC) SO/50 matching federal grant to support additional transportation services to
assist persons with disabilities to reach jobs and to increase access to jobs for welfare
recipients and other low-income individuals. The grant was originally approved in
September of 2000. At the time the grant was approved the State Department of Human
Services was providing matching funds under the Temporary Assistance for Needy
Families (TAN F) program. The City sub-contracted transportation service under this
grant through the Regional Transit Authority as the transit division prepared to move
minibus services and convert RTA contract into the city transit system.
However, at the end of FY 2002 the Department of Human Service Council
discontinued TANF match for JARC projects due to budget shortfalls. The loss of
matching funds essentially ended the JARC transportation service and subcontract with
the RTA. In December of 2003 a small opportunity developed to apply JARC funding
under the city's urban contract with Area Residential Care for employment
transportation to McGraw Hill at the Dubuque Technology Park. The grant contract has
been extended several times due to the marginal draw downs from the McGraw Hill
service.
In March of 2004, ECIA staff completed a planning grant project by the Community
Transportation Association of America. The purpose of the grant was to focus on
improving rural and urban transit services for persons living with disabilities in the fringe
areas surrounding the City of Dubuque. A lack of accessible evening and weekend
transportation was identified as a major barrier to persons living with disabilities in the
community.
JOB ACCESS AND REVERSE COMMUTE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JMTG INC.
This Agreement, dated for reference purposes the 6TH day of February,
2006, is made and entered into by and between the City of Dubuque, a municipal
corporation (City) and JMTG Inc, an Iowa business corporation (Agency).
WHEREAS, City has received funding through the Federal Transit
Administration Job Access and Reverse Commute competitive grant program
(JARC) with matching funds from JARC service users and Agency; and
WHEREAS, JARC funds are intended for transportation services by
expanding existing service hours to fill transportation gaps for low income
individuals to provide work-related and child-care transportation service; and
WHEREAS, the City Council of the City of Dubuque deems it in the best
interests of the City to provide, within the Dubuque urban area, JARC services
for eligible persons.
NOW THEREFORE, in consideration of the mutual conditions and
covenants contained in this Agreement, City and Agency agree as follows:
1. Term of Aareement. The term of this Agreement shall be for the period
beginning February 7,2006 through June 30, 2007.
2. ScoDe of Service.
a. City hereby contracts with Agency for and Agency agrees to provide
employment transportation service for eligible persons as provided in this
Agreement during the hours of 5:00 a.m. to 12:00 a.m. seven days a week.
b. Agency shall employ a JARC Coordinator who administer this
Agreement and who shall be responsible for report generation, billing, eligibility
verification of passengers and scheduling.
c. City and Agency shall jointly market the availability of JARC services.
d. Agency shall provide accessible vehicles and drivers trained in
passenger assistance and wheel chair securement procedures.
e. Agency agrees that its safety sensitive employees shall be subject to
federal drug and alcohol testing requirements. Prior to the execution of this
Agreement, Agency shall provide City with a copy of its drug and alcohol testing
policy.
f. Agency shall provide City completed eligibility applications for all JARC
passengers. City shall make the final determination of determine eligibility and
shall only be required to reimburse Agency for services provided to eligible
passengers.
3. Compensation.
a. City shall pay to Agency an amount not to exceed $35,000 for the
period of March 1, 2006 to June 30, 2007 which shall constitute complete
compensation for all services to be rendered during the term of this
Agreement.
b. Compensation shall be paid to Agency upon receipt from Agency by
City by the fifth day of each month following the month for which services were
provided, of a request for reimbursement in two (2) copies together with a ledger
sheet detailing receipts and expenditures and a tabulation detailing delivery of
services, all in a form acceptable to City.
c. There shall be no reduction of service levels or any fare increase by
Agency or City except as permitted by the procedures established by the City
Council for the KeyLine Transit System.
d. Agency agrees to establish and maintain a cash fare structure of $6.00
per one way ride.
The cost of this service will be paid for through the following formula:
50% $3.00 JARC funds
40% $ClienUAgency fare $1.00/$1.40
10% A-OK Yellow Cab Company (JMTG, Inc.) $ .60
There shall be no fare increase except as permitted by the procedures
established in the Fare Increase and Serve Changes Process adopted by the
Dubuque City Council.
4. Driver Trainina. Agency shall provide training to all its drivers who
provide JARC services in passenger assistance, sensitivity, lift operation and
safe driving.
5. Privacy of Patrons. Agency shall determine the qualifications of
persons utilizing JARC services and shall maintain the anonymity and privacy of
such persons.
6. Insurance.
a. Agency shall at all times during the term of this Agreement maintain
insurance as provided in the attached Insurance Schedule.
b. Agency shall immediately notify City's Transit Manager of any accident
involving a JARC passenger. Agency agrees that City's representatives and its
insurer shall have the right to discuss the contents of any report relating to such
accident and the circumstances of any such accident with Agency employees,
and Agency agrees that it shall require its employees to cooperate with City and
its insurer in the investigation of any such accident.
7. Indemnification. Agency shall defend, indemnify and save harmless
City, its officers, agents and employees, from and against any and all claims,
losses, judgments, costs and expenses of any kind arising out of or related to
Agency's performance of this Agreement.
8. Records.
a. Agency shall comply with all requirements of the Federal Transit
Administration imposed upon City concerning special requirements of law
program requirements and other administrative requirements approved in
accordance with Federal Circular A-102.
b. Agency shall give City, Federal Transit Administration and the
Comptroller General of the United States, through any authorized representative,
access to and the right to examine all records, books, papers and documents
relating to this Agreement.
c. In addition to the foregoing, Agency shall maintain the following specific
records and shall provide City access to such records for review and audit:
(1) Time Records
(2) Requests for reimbursements and supporting documents
(3) Maintenance and mileage records.
d. Agency shall maintain all records related to this Agreement for not less
than three years after the end of the federal fiscal year to which they pertain.
9. Compliance with Law.
a. Agency shall at its expense comply with all applicable federal, state and
local laws, ordinances and regulations, including but not limited to, any applicable
laws and regulations pursuant to the Americans with Disabilities Act (ADA).
b. Agency shall comply with all applicable federal, state and local laws and
regulations pertaining to wages and hours of employment of its employees.
10. Civil Riahts.
a. Agency shall comply with Title VI of the Civil Rights Act of 1964 (P.L.
88-352) and in accordance with Title VI of the Act, no person shall, on the
grounds of race, color, or national origin be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which Agency receives financial assistance. Agency shall
immediately take measures necessary to effectuate this requirement.
b. Agency agrees that routing, scheduling, quality of service, frequency of
service, age and quality of vehicles assigned to routes, quality of stations,
serving different routes and location of routes shall not be determined on the
basis of race, color, sex, age, national origin, religion or disability, except as
otherwise provided by law.
c. Agency shall comply with Title VI of the Civil Rights Act of 1964 (42
UJSC), the Iowa Civil Rights Act (Iowa Code Chapter 601A) and the City of
Dubuque Human Rights Ordinance.
d. In the event that Agency is in noncompliance with the nondiscrimination
provisions of this Agreement, City shall impose such contract sanctions as it or
the Federal Transit Administration may determine to be appropriate, including,
but not limited to:
1. Withholding payments due Agency under this Agreement until the
Agency complies; and/or
2. Cancellation, termination or suspension of this Agreement in whole or in
part.
11. Interest of Members. Officers. or Emplovees of the City of
Dubuaue. Members of the Dubuaue City Council or Other Public Officials.
No officer or employee of the City of Dubuque, or its designees or agents, no
member of the Dubuque City Council and no other public official of the City who
exercises any function or responsibilities with respect to this Agreement during
such persons' tenure, shall have any interest, direct or indirect, in this Agreement
or the proceeds thereof, for work to be performed in connection with the program
assisted under this Agreement.
12. Assianment. Agency shall not assign this Agreement in whole or in
part without the prior written approval of City.
13. Termination.
a. This Agreement may be terminated for any reason by either party giving
thirty (30) days notice in writing to the other party. However, the City may also
terminate this Agreement for failure of the Agency to comply with any material
term of this Agreement by giving ten (10) days notice in writing to Agency.
b. There is no obligation on the part of either party to continue or to renew
this Agreement upon its expiration or termination.
JMTG Inc.
CITY OF DUBUQUE, IOWA
Jim Pullen, President
Date
~ IL.....;.; 1-/7-010
Harry J. IS Date
Dubuque ransit Trustee Board
Chairperson
WITNESS
Jeanne Schneider
City Clerk
Date
Roy D. Buol
Mayor
Date
From: Ric:kUrbain 563--582-6580 To: Fax#5821810
Date: 1J23l2OOt1 Tlme: 3:13:10 PM
Page 1 012
ACORD.. CERTIFICATE OF LIABILITY INSURANCE
VATI!: IIIIMlOm'YYI
vl/23/2006
THIS CER11fICATE IS ISSueD AS A MATTBl Of INFORMATION
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KEYLINE Job Access Transportation Service Request
Form to be completed by applicant. Please print. All spaces must be completed before
service can be processed. Completed applications should be sent to KeyLine Transit,
Attn: JARC, 2401 Central Avenue, Dubuque, IA 52001 or faxed to 589-4340. For
information call dispatch at 690-6464.
DATE:
APPLICANT'S NAME:
ADDRESS: STREET:
PHONE NUMBER:
SOC. SEC. NUMBER:
AGENCY WHO REFERRED YOU:
TRIP PURPOSE: EMPLOYMENT: TRAINING: BOTH:
NAME AND ADDRESS OF EMPLOYMENT AND/OR TRAINING SITE:
DO YOU REQUIRE CHILD CARE TRANSPORTATION? YES:_ NO:_
NAMES AND AGES OF CHILDREN REQUIRING TRANSPORTATION:
NAME AND ADDRESS OF CHILD CARE PROVIDOR:
DO YOU REQUIRE ACCESSIBLE TRANSPORTATION (i.e. wheel chair lift)?
YES NO:
DOES YOUR DISABILITY PREVENT YOU FROM USING THE KEYLINE
ROUTES? YES NO
HAVE YOU COMPLETED AN ADA ELIGIBILITY APPLICATION?
YES_ADA ELIGIBILITY ID # NO
PASSENGER
ORIGIN
DESTINATION
APPOINTMENT TIME
Please note any additional information about your schedule below such as "schedule changes
weekly" or "schedule alternates with another schedule bi-weekly":
Any referral than can use the KeyLine fixed route will be provided fixed route schedule
information and will not be eligible for JARC transportation.
KeyLine reserves the right to arrange JARC transportation to the nearest KeyLine fixed
route schedule if staff determine KeyLine routes and times accommodate the consumer's
transportation needs.
3
JMTG, Inc
POLICY FOR A DRUG AND ALCOHOL FREE WORKPLACE
Effective: January, 2006
TABLE of CONTENTS
Statement of Purpose
Definitions
Work Rules
Legal Drugs
Prescription Drugs Over-the-Counter Drugs Notification
Abuse
Alcohol or Drug Possession, Transfer or Use
Prospective Employee Discipline in Connection with a Drug or Alcohol
Test
Drug and Alcohol Testing Programs
Pre-employment drug testing; (Safety-Sensitive Employees Only)
Post accident alcohol and drug testing; (All-Employees)
Random Alcohol and drug testing (Safety Sensitive Employees Only)
Reasonable Suspicion testing; (All-Employees)
Return to Duty (All-Employees)
Follow-up (All-Employees)
Employee Discipline in Connection with a Drug or Alcohol Test
Refusal to Submit to a Drug or Alcohol Test
First Positive Drug or Alcohol Test Result
Exception-One- Time Mandatory Rehabilitation
Additional Information
Testing Lab
Test Costs
Alcohol Testing by Evidential Breath Testing Devices
Minors
Written Notification
Medical Review Officers (MRO)
Confidentiality of Test Results
STATEMENT OF PURPOSE
JMTG, Inc. possesses a commitment to the safety of our employees and the general
public, the protection of company and customer property, and the maintenance of a
drug and alcohol free work environment. It is our intent that an employee whose
faculties appear to be impaired during work hours will not be allowed to work regardless
of the cause.
Consistent with the spirit and intent of this commitment, JMTG, Inc prohibits the use,
transfer, distribution, manufacture or possession of alcohol, controlled substances,
unauthorized drugs, intoxicants, drug paraphernalia, or any combination thereof, on any
company premises or work sites, including company vehicles and private vehicles
parked on company premises or work sites. This prohibition includes breaks, meals,
and overtime.
Unique business situations, such as entertaining clients or special employee recognition
events, may dictate an occasional exception to this policy. These exceptions generally
will apply outside of normal working hours or on occasions when employees are not
required to perform their normal duties. This policy does not apply to alcoholic
beverages provided by the company for use at special company-sponsored activities.
All employees are expected to abide by this policy as a condition of employment.
Employees who fail to conform to these rules will be subject to removal from the facility
and appropriate disciplinary action, up to and including termination of employment. This
policy applies to all employees however, not all employees will be subject to all testing
situations. Certain employees deemed "Safety-Sensitive" employees, will be subject to
additional testing requirements due to the nature of their positions. No testing will occur
based upon information known prior to effective date of this policy.
JMTG, Inc requires:
. Pre-employment drug testing; (Safety-Sensitive Employees Only)
. Post accident alcohol and drug testing; (All-Employees)
. Random Alcohol and drug testing (Safety Sensitive Employees Only)
. Reasonable Suspicion testing; (All-Employees)
. Return to Duty (All-Employees)
. Follow-up (All-Employees)
DEFINITIONS
"Abuse" of alcohol or a legal drug - Any use of alcohol or a legal drug that impairs an
individual's faculties while at work. In addition, the taking of a prescription drug that
was prescribedfor another shall be considered "abuse" of a legal drug.
"Alcohol"- Ethanol, isopropanal, or methanol. (To include, but not limited to, the
common ingredients of liquor. beer, wine, etc.)
"EBT" or "evidential breath testing device" means a device approved by the National
Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and
placed on NHTSA 's Conforming Products Lists of Evidential Breath Testing Devices
(CPL) and identified on the CPL as conforming with the model specifications available
from the NHTSA. Office of Alcohol and State Programs. .
"Drug": Any drug or substance defined as a controlled substance and included in
schedule I. II. III, IVor V under the Federal Controlled Substances Act, 21 U.S.C. 9801 et
seq.
"Legal drug": An over-the-counter drug, or a drug for which there is a valid
prescription for the employee. "Prospective employee": A person who has made
application, whether written or oral, to our company to become an employee and has
interviewed with appropriate company personnel. This includes an individual returning
from layoff of a period of 30 days or more or after a termination.
"Safety-Sensitive Employee" ~ Any employee required to obtain a Commercial Driver's
License, controlling dispatch for such vehicles or maintaining and repairing such
vehicles.
"Sample": A sample from the human body, such as urine, saliva. skin. or hair, capable of
revealing the presences of alcohol or other drugs, or their metabolites. "Sample" does
not include blood. except in situations where a blood test was made on an employee
involved in a workplace accident if the test was administered by or at the direction of a
person providing treatment to the employee and the test was not made at the request of or
by the suggestion of the employer. For the purposes of alcohol testing: In addition to the
definition stated above, a sample shall also refer to breath as utilized in Breath Alcohol
Testing Procedures.
WORK RULES
The use, possession, sale, purchase, manufacture, distribution, dispensation, or
being under the influence of alcohol or illegal drugs or the misuse of legal drugs
while on the job during the workday, including breaks, meals, and overtime, or on
company property or in vehicles, is strictly prohibited.
LeaalDruas
Prescription Drugs. An employee may bring to work and take a prescription
drug during work hours only if a physician or other authorized prescriber has
prescribed the drug for the employee and only if the drug is taken in accordance
with the prescriber's directions.
Over-the-Counter Drugs. An employee may bring to work and take an over-the
counter drug during work hours only if the drug is used for its intended purposes
and in accordance with package directions and any supplemental directions of
the employee's physician.
Notification. An employee must notify their supervisor whenever he or she is
using a prescription drug, which potentially may affect safety or work
performance. In making this determination, the employee should rely on the
warnings or cautions that are received with the particular lawful drug. JMTG, Inc
does not seek information on all drugs that an individual may be taking, but only
those where there is an indication that the drug may affect performance, or there
is a caution that one should not engage in certain activities which are part of the
employee's job duties. JMTG, Inc reserves the right to take appropriate action
(including relieving employee from work) if the use of the drug is impairing or is
deemed likely to impair the employee's faculties or work performance. Failure to
make proper notification will be considered a violation of company work rules.
Abuse. Abuse of legal drugs will not be tolerated and will be dealt with in the
same manner as the use of a controlled substance.
Alcohol or Drua Possession. Transfer or Use.
An employee bringing or attempting to bring into, having possession of, using,
consuming, selling, transferring, or attempting to sell or transfer, any alcoholic
beverage or any prescription drug or any form of controlled substance, while in
company's facilities, on the company's premises, property, or job site is guilty of
misconduct and is subject to discipline, which will normally result in discharge,
even for the first offense.
Excluded from this are employees who bring or attempt to bring, are in
possession of, or transfer any legal unopened alcoholic beverages while in the
company parking lot and provided such beverages are kept within a vehicle.
Impairment During Work Hours. An employee whose faculties are impaired
during work hours "due to the effects of the use of alcohol or illegal use of a
controlled substance, including the abuse of a legal drug, is subject to discipline,
including discharge.
Prospective Employee Discipline in Connection with a Drug or Alcohol Test.
Prospective Safety Sensitive employees, after having received an offer of
employment or upon an offer to return to work, are required to undergo a drug
test. To be considered qualified for employment with the company; we must
receive a "negative" report on the drug screen. If that qualification is not met, the
prospective employee will be deemed "not qualified," and either the application
process will be terminated or any conditional offer of employment that has been
extended will be withdrawn. A prospective employee's positive drug test result, or
the refusal of the prospective employee to provide a testing sample, does not
prevent the prospective employee from later initiating another inquiry with the
company.
DRUG AND ALCOHOL TESTING PROGRAMS
Covered employees are subject to six types of testing under this policy.
Pre-emplovment Testina.
Prior to the first time an employee performs safety-sensitive functions, a pre-
employment drug test will be conducted. A pre-employment alcohol test is not
required.
A pre-employment drug test will be conducted when an individual is hired to
perform safety-sensitive functions. The offer of employment is conditioned on the
results of the drug test. A pre-employment drug test will also' be conducted when
a current employee becomes subject to this program as a result of a change in
job description or work assignment. Such test shall be administered prior to the
first time the employee performs a safety-sensitive function. The employer will
not allow an employee subject to a pre-employment test to perform safety-
sensitive functions without a verified negative test result.
Pre-employment drug testing is not required if the employee was in a DOT drug-
testing program within the previous 30 days and either was tested within the past
6 months or was subject to random testing for the past 12 months.
Post-Accident Testina.
As soon as practicable following an accident involving the loss of human life, an
employer shall conduct drug and alcohol tests on each surviving covered
employee operating the mass transit vehicle at the time of the accident. The
employer shall also drug and alcohol test any other covered employee whose
performance could have contributed to the accident.
As soon as possible following a non-fatal accident involving a mass transit
vehicle, the employer shall drug and alcohol test each covered employee
operating the mass transit vehicle at the time of the accident unless the employer
determines that the covered employee's performance was not a contributing
factor to the accident. The employer shall also drug and alcohol test any other
covered employee whose performance could have contributed to the accident.
An employee who is subject to post-accident drug and alcohol testing will remain
readily available for such testing or may be deemed to have refused to submit to
testing. However, the employee is allowed to get necessary emergency medical
attention for injured people, or, if necessary, to leave the scene of an accident for
the period necessary to obtain assistance in responding to the accident.
Drug tests will be administered as soon as practicable, but no later than 32 hours
after the accident. Alcohol tests will be administered as soon as practicable, but
no later than 8 hours after the accident.
Random Testina.
Safety Sensitive employees are subject to unannounced drug and alcohol testing
based on random selection. The employer will ensure that random drug and
alcohol tests are unannounced and spread reasonably throughout the calendar
year. The number of employees subject to random drug and alcohol tests will by
calculated using a scientifically valid method of random selection. All covered
employees will be subject to random testing on each random testing date and will
have an equal chance of being tested each time selections are made. As a result
of the random selection process, an employee may be tested more than once or
not at all during the calendar year.
A covered employee shall only be randomly tested while the employee is
performing safety-sensitive functions, just before the employee is performing
safety sensitive functions; or just after the employee has eased performing
safety-sensitive functions.
Reasonable Suspicion Testina.
When the employer has reasonable suspicion to believe that an employee
covered by this policy is using a prohibited drug, or is using alcohol in a
prohibited manner, the employer will require that the employee take a drug
and/or alcohol test (whichever is appropriate).
The decision to refer an employee for a reasonable suspicion test shall be made
by one trained supervisor.
A decision to test must be based on specific observations concerning the
appearance, behavior, speech or body odors of the employee. A supervisor must
make the required observations for reasonable suspicion drug or alcohol testing.
The observations must be made during, just before, or just after the period of the
workday that the employee is performing safety-sensitive functions.
The employee may be directed to undergo testing during, just before, or just after
the period of the workday that the employee is performing safety-sensitive
functions.
If the reasonable suspicion alcohol test is not administered within two hours
following reasonable suspicion determination, the employer shall prepare and
maintain on file a record stating the reasons the test was not promptly
administered. If the test is not administered within eight hours, the employer
shall cease attempts to administer the test and shall state in the record the
reason for not administering the test.
Once behavioral, speech, and performance indicators show an employee is
under the influence of or impaired by alcohol, the employee will not report for, or
remain on duty requiring the performance of safety-sensitive functions. The
employer will not permit an employee to perform or continue to perform safety-
sensitive functions if the employer has a reasonable suspicion the employee is
under the influence of alcohol until an alcohol test shows the employee's alcohol
concentration as less than .02; or 24 hours have elapsed following the
determination of reasonable suspicion.
Regarding drugs, the supervisor who made the reasonable suspicion
observations shall make a written record of his or her observations which led to
the test within 24 hours of the observed behavior or before the results of the drug
test are released, whichever is earlier.
Return to Dutv Testina.
Any employee who has engaged in prohibited drug or alcohol use must undergo
a drug or alcohol test before returning to duty requiring the performance of
safety-sensitive functions. The drug test must indicate a verified negative result
for drug use. The alcohol test must indicate an alcohol concentration of less than
0.02.
Follow-UD Testina.
Any employee returned to duty after engaging in prohibited drug or alcohol use is
subject to follow-up testing following a determination by a SAP that an employee
needs help in resolving drug or alcohol abuse problems. Follow-up testing shall
be conducted only when 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 safety-sensitive functions.
EMPLOYEE DISCIPLINE IN CONNECTION WITH A DRUG OR ALCOHOL TEST
The following is a list of uniform requirements for what action the company will
take against the employee upon receipt of a confirmed positive drug or alcohol
test result, or upon the employee's personal refusal to submit to such test. Any
action taken against an employee or prospective employee shall be based only
on the results of the drug or alcohol test.
Refusal to Submit to a Drua or Alcohol Test.
An employee's personal refusal to submit to a drug or alcohol test when
requested to do so will result in immediate discipline including but not limited to
termination. An employee is considered to have refused to submit to a drug test
when the employee does any of the following:
. Fails to appear for any test within a reasonable time, as determined
by the employer, after being directed to do so by the employer;
. Fails to remain at the testing site until the testing process is
complete;
. Fails to provide a urine specimen for any DOT -required drug test;
. Fails to permit a required directly observed or monitored drug test;
. Fails to provide a sufficient amount of urine when directed, and it
has been determined that there was no medical explanation for the
failure;
. Fails to take a second test when directed;
. Fails to undergo a medical examination as part of the "shy bladder"
procedures;
. Fails to sign the Custody and Control Form (CCF) when required to
do so or
. Fails to cooperate with any part of the testing process.
An employee is considered to have refused to submit to an alcohol test when the
employee does any of the following:
. Fails to appear for any test within a reasonable time, as determined
by the employer, after being directed to do so by the employer;
. Fails to remain at the testing site until the testing process is
complete;
. Fails to attempt to provide a saliva or breath specimen for any
required test;
. Fails to provide a sufficient breath specimen and a physician has
determined that there is no adequate medical explanation for the
failure;
. Fails to undergo a medical examination as directed by the
employer;
. Fails to sign the Alcohol Testing Form (ATF) when required to do
so; or
. Fails to cooperate with any part of the testing process.
First Positive Drua or Alcohol Test Result.
An employee's first confirmed positive drug or alcohol test will result in immediate
suspension without payor benefits for a minimum period of 7 days but not to
exceed 30 days.
Additionally, within the suspension period and at his or her own expense, the
employee must enroll in a qualified rehabilitation treatment program. The
program may include additional testing. If the employee participates in and
successfully completes the program, the employee will not be subjected to
additional discipline and will be allowed to return to work after the conclusion of
their first rehabilitation treatment session. However, failure to comply with these
requirements will result in termination.
Second Positive Drua or Alcohol Test Result.
An employee's second confirmed positive drug or alcohol test will result in
immediate termination.
ADDITIONAL INFORMATION
Test Costs. The actual costs for testing, other than for a second, confirmatory test if one
is requested as provided by law, are paid by the Company. If the drug or alcohol sample
collection is conducted at a place other than the employee's normal work site, the
Company will provide transportation, or pay reasonable transportation costs (an amount
equivalent to the applicable company rate) to the employee.
Alcohol Testing by Evidential Breath Testing Devices. Notwithstanding any provision of
this policy to the contrary, initial and confirmatory alcohol tests may, in addition to other
methods previously described, be conducted with an evidential breath testing device, or
EST. Any individual administering initial or confirmatory alcohol testing shall be qualified
as required by the federal Omnibus Transportation Employee Testing Act of 1991.
Minors. Per Iowa Code. Any written notice of a positive test result required by statute to
be provided to an individual pursuant to a drug or alcohol test conducted pursuant to a
written drug or alcohol testing policy must also be provided to the parent of the
individual by certified, return receipt requested, if the individual tested is a minor. This
provision applies to all testing.
Written Notification. If any required drug and/or alcohol test is confirmed positive, the
employee or applicant shall be given written notice of the results of the test, the name
and address of the medical review officer, and the right to request records relating to the
test if such request is made within 15 days of the date of the notice.
Medical Review Officers (MROI.
The Medical Review Officers are:
Tri-State Occupational Health
1940 Elm Street
Dubuque, IA 52001
(563) 584--4600 /582-53881-800-837-2959
Fax: 563-584--4600
Confidentialitv of Test Results.
The Company will maintain the highest standards for confidentiality for all records and
information concerning alcohol and drug testing. No employee is authorized without the
written express consent of the Company President to release, communicate, or leave
unsecured information on alcohol or drug abuse problems. Any employee violating this
policy will be subject to disciplinary action including possible termination of employment.
Non-employees, contractors, vendors, and agencies that disclose unauthorized
information will be subject to legal recourse. Employees who have tested positive for
drugs or alcohol under this policy may have access to test records upon written request
to the Company.