FTA Drug and Alcohol Policy – City of Fairfield
City of Fairfield
Effective as of 09/16/2025
Adopted by: City of Fairfield City Council Date Adopted: [09/16/2025] Last Revised: [01/15/2019]
Drug and Alcohol Policy
FTA Drug and Alcohol Policy – City of Fairfield
Table of Contents
1. Purpose of Policy ................................................................................................................................. 3
2. Covered Employees ............................................................................................................................. 3
3. Prohibited Behavior ............................................................................................................................ 4
4. Consequences for Violations ............................................................................................................... 5
5. Circumstances for Testing ................................................................................................................... 6
6. Testing Procedures .............................................................................................................................. 9
7. Test Refusals........................................................................................................................................ 9
8. Voluntary Self-Referral ...................................................................................................................... 10
9. Prescription Drug Use ....................................................................................................................... 11
10. Contact Person .................................................................................................................................. 11 Attachment A: Covered Positions ............................................................................................................... 12
FTA Drug and Alcohol Policy – City of Fairfield
1. Purpose of Policy
The City of Fairfield provides public transit and paratransit services for residents of Fairfield. Part of the City of Fairfield’s mission is to ensure that this service is delivered safely, efficiently, and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol in order to promote the health and safety of employees and the general public. In keeping with this mission, the City of Fairfield declares that unlawful manufacture, distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all covered employees.
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-safety.fta.dot.gov/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 the City of Fairfield’s policy. These additional provisions are identified by bold text.
In addition, the Department of Transportation (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.
The unlawful manufacture, distribution, dispensation, possession or use of controlled substances and/or misuse of alcohol 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 the City of Fairfield’s Human Resources Department no later than five calendar days after such conviction.
The City of Fairfield is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors and managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor or manager who knowingly disregards the requirements of this policy or who is found to deliberately misuse the policy in regard to subordinates shall be subject to disciplinary action, which may include termination.
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. The City of Fairfield employees that do not perform safety-sensitive functions as defined in Part 655, section 655.4 are not covered under this policy.
You are a covered employee if you perform any of the following:
FTA Drug and Alcohol Policy – City of Fairfield
• 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:
• marijuana
• cocaine
• phencyclidine (PCP)
• opioids
• amphetamines
All City of Fairfield employees may be tested for these same substances.
All covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.04 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. The covered employee will subsequently be relieved of their responsibilities and may be subject to discipline. If the on-call employee claims the ability to perform his or her safety-sensitive function, they must take an alcohol test with a result of less than 0.02 prior to performance.
The City of Fairfield, under its own authority, prohibits the consumption of alcohol while the employee is on duty or anytime the employee is in a City of Fairfield uniform.
Under the City of Fairfield’s authority, a non-DOT alcohol test can be performed at any time an employee is on duty.
All covered employees are prohibited from consuming alcohol within four hours prior to the performance of safety-sensitive job functions.
All covered employees are required to take a post-accident test are prohibited from consuming alcohol for eight hours following involvement in an accident or until they submit to the post-accident drug and alcohol test, whichever occurs first.
FTA Drug and Alcohol Policy – City of Fairfield
4. Consequences for Violations
Following a positive drug or alcohol (BAC at or above 0.04) 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, but less than 0.04, 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.
Treatment/Discipline
Per the City of Fairfield policy, the first time a City of Fairfield employee tests positive for drugs or alcohol (BAC at or above 0.04) will result in mandatory referral to an SAP for assessment formulation or a treatment plan and execution of a return-to-duty agreement.
The cost of any treatment or rehabilitation services will be paid directly by the employee or their insurance provider. The employee will be permitted to take accrued sick leave or administrative leave to participate in the prescribed treatment program. If the employee has insufficient accrued leave, the employee shall be placed on leave-without-pay until the employee has successfully completed the required treatment program and has been released to return to duty. Any leave taken, either paid or unpaid, shall be considered leave taken under the Family and Medical Leave Act and/or California Family Rights Act.
Failure to execute or remain compliant with the return-to-duty agreement may result in the termination of employment with the City of Fairfield.
The second instance of a verified positive drug or alcohol (BAC at or above 0.04) test result, including a sample submitted under the random, reasonable suspicion, return-to-duty, or follow-up drug and/or alcohol test provisions herein, may result in the termination of employment with the City of Fairfield.
A verified positive post-accident or reasonable suspicion drug and/or alcohol (BAC at or above
0.04) may result in the termination of employment with the City of Fairfield.
An alcohol test result of BAC of 0.02 to 0.039 shall result in the removal of the employee from duty for eight hours or the remainder of the day, whichever is longer. The employee will not be allowed to return to safety-sensitive duty until they submit to an alcohol test with a result of less than 0.02 BAC.
Refusal to submit to a drug or alcohol test shall be considered a positive test result and may result in the termination of employment with the City of Fairfield and referral to a substance abuse professional.
Refusal to submit to periodic unannounced follow-up drug and/or alcohol test shall be considered a direct act of insubordination and may result in the termination of employment with the City of Fairfield.
FTA Drug and Alcohol Policy – City of Fairfield
A periodic unannounced follow-up drug and/or alcohol test that results in a verified positive may result in termination of employment with the City of Fairfield.
Failure of an employee to report a criminal drug statute conviction for a violation occurring in the workplace within five calendar days may result in termination of employment with the City of Fairfield.
5. Circumstances for Testing
Pre-Employment Testing
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. Failure of a pre-employment drug test will disqualify an applicant from employment with the City of Fairfield for a period of at least one year.
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 they 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 employees shall be subject to a drug and/or alcohol test when the City of Fairfield 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. Under the City of Fairfield’s authority, a non- DOT reasonable suspicion alcohol test may be performed any time the covered employee is on duty.
All employees covered under the sole authority of the City of Fairfield will be subject to non-DOT reasonable suspicion testing procedures.
The City of Fairfield shall be responsible for transporting the employee to the testing site.
Supervisors should avoid placing themselves and/or others into a situation which might endanger the physical safety of those present. The employee shall be placed on administrative leave pending disciplinary action described in Section 4 of this policy. An employee who refuses to submit to a FTA Drug and Alcohol Policy – City of Fairfield
drug/alcohol test shall not be permitted to finish their shift and shall immediately be placed on administrative leave pending the applicable disciplinary action specified in Section 4 of this policy.
When there are no specific, contemporaneous, articulable objective facts that indicate current drug and/or alcohol use, but the employee (who is not already a participant in a treatment program) admits to the abuse of alcohol or other substances to a supervisor in their chain of command, the employee shall be referred for assessment and treatment consistent with Section 4 and Section 8 of this policy. The City of Fairfield shall place the employee on administrative leave in accordance with the provisions set forth under Section 4 and Section 8 of this policy. Testing in this circumstance would be performed under the direct authority of the City of Fairfield. Since the employee self-referred to management, testing under this circumstance would not be considered a violation of this policy or a positive test result under Federal authority. However, self-referral does not exempt the covered employee from testing under Federal authority specified in Section 5 of this policy or the associated consequences specified in Section 4 of this policy.
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 Fairfield using the best information available at the time of the decision, will be tested.
Non-fatal Accidents
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
In addition, any other covered employee whose performance could have contributed to the accident, as determined by the City of Fairfield 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 FTA Drug and Alcohol Policy – City of Fairfield
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.gov/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.
Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site.
Return to Duty Testing
Any employee who is allowed to return to safety-sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), complete a SAP-required program of education and/or treatment, and provide a negative return-to-duty drug test result and/or an alcohol test result of less than 0.02. Any return-to-duty drug testing will be directly observed. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O.
Follow-up Testing
Employees returning to safety-sensitive duty following a return-to-duty test will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of one to five years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow-up testing shall be directed by the SAP.
A covered employee may only be subject to follow-up 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. A covered employee may be subject to follow-up drug testing anytime while on duty. All follow-up drug tests will be directly observed. All testing will be conducted in accordance with 49 CFR Part 40, Subpart O.
In the instance of a self-referral or a management referral, the employee will be subject to non- DOT follow-up tests and follow-up testing plans modeled using the process described in 49 CFR FTA Drug and Alcohol Policy – City of Fairfield
Part 40. However, all non-DOT follow-up tests and all paperwork associated with an employee’s return-to-work agreement that was not precipitated by a positive test result (or refusal to test) do not constitute a violation of the Federal regulations will be conducted under City authority and performed using non-DOT testing forms.
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, the City of Fairfield 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. The City of Fairfield will ensure that the initial cost for the split specimen is covered to guarantee that the split specimen test will be conducted in a timely fashion, however, the City will seek reimbursement from the employee if the split sample is requested for testing.
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 the City of Fairfield.
(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 they have 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 Fairfield. (7) Fail to undergo a medical evaluation as required by the MRO or City of Fairfield’s Designated Employer Representative (DER).
(8) Fail to cooperate with any part of the testing process.
FTA Drug and Alcohol Policy – City of Fairfield
(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. Refusal to take a drug and/or alcohol test may result in termination.
8. Voluntary Self-Referral
Any employee who has a drug and/or alcohol use disorder and has not been notified of the requirement to submit to reasonable suspicion, random or post-accident testing or has not refused a drug or alcohol test may voluntarily refer themself to their City of Fairfield supervisor or the City of Fairfield’s Human Resources Department. In the instance of a self-referral or management referral, the individual will be referred to a substance abuse counselor.
The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees shall execute a return-to-work agreement in accordance with the treatment plan recommended by the substance abuse counselor. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance.
Failure to execute or remain compliant with the return-to-work agreement may result in the termination of employment with the City of Fairfield. Compliance with the return-to-work agreement means that the employee has submitted to a drug and/or alcohol test immediately prior to returning to work, the result of that test is negative, the employee is cooperating with their recommended treatment program, and the employee has agreed to periodic unannounced follow-up testing described in Section 5 of this policy. All tests performed as part of a return-to-work agreement are under the sole authority of City of Fairfield and will be performed using non-DOT testing forms.
A self-referral or management referral to the employer's approved counseling professional that was not precipitated by a positive test result does not constitute a violation of the Federal regulations and will not be considered as a positive test result in relation to the progressive discipline defined in Section 4 of this policy.
FTA Drug and Alcohol Policy – City of Fairfield
Periodic unannounced follow-up drug and/or alcohol test conducted as a result of a self-referral or management referral which results in a verified positive shall be considered a positive test result in relation to the progressive discipline defined in Section 4 of this policy.
A voluntary referral does not shield an employee from the requirement to comply with drug and alcohol testing, nor does it shield an employee from disciplinary action or guarantee employment with the City of Fairfield.
Any safety-sensitive employee who admits to a drug and/or alcohol use disorder will immediately be removed from their safety-sensitive function and will not be allowed to perform such function until successful completion of a prescribed rehabilitation program.
9. 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 a City of Fairfield supervisor or the City of Fairfield’s Human Resources Department. Medical advice should be sought, as appropriate, while taking such medication and before performing safety- sensitive duties. The employee shall be required to provide a written release statement from their doctor or pharmacist indicating that the employe can perform their safety-sensitive functions.
10. Contact Person
For questions about City of Fairfield’s anti-drug and alcohol misuse program, contact the City of Fairfield’s Human Resources Department.
Jessica Collins
Human Resources Manager
[email protected]
(707) 428-7561
Angela Broaddus
Human Resources Manager
[email protected]
(707) 428-7396
FTA Drug and Alcohol Policy – City of Fairfield
This Policy was adopted by the City Council of the City of Fairfield on September 16th, 2025.
Name: David Gassaway
Title: City Manager
Attachment A: Covered Positions
The City of Fairfield Human Resources Department will maintain a list of Safety-Sensitive Employees that are covered under the Department of Transportation regulations. Incumbents who possess a valid Commercial Driver License in the listed classifications are subject to testing.
1. Fleet Division Manager – Fleet Management Division
2. Public Works Supervisor – Fleet Management Division
3. Equipment Mechanic I/II
4. Equipment Service Worker I/II
5. Equipment Mechanic Senior
6. Senior Fire Mechanic