increase the risk for certain cancers, especially those of the liver, esophagus, throat, and larynx (voice box).
Heavy drinking can also cause liver cirrhosis, immune system problems, brain damage, and harm to the fetus during pregnancy. In addition, drinking increases the risk of death from automobile crashes as well as recreational and on-the-job injuries. Furthermore, both homicides and suicides are more likely to be committed by persons who have been drinking. In purely economic terms, alcohol-related problems cost society approximately $185 billion per year. In human terms, the costs cannot be calculated.
What Is Alcoholism?
Alcoholism, also known as “alcohol dependence,” is a disease that includes four symptoms:
1) Craving: A strong need, or compulsion, to drink.
2) Loss of control: The inability to limit one’s drinking on any given occasion. 3) Physical dependence: Withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety, occur when alcohol use is stopped after a period of heavy drinking. 4) Tolerance: The need to drink greater amounts of alcohol in order to “get high.” People who are not alcoholic sometimes do not understand why an alcoholic can’t just “use a little willpower” to stop drinking. However, alcoholism has little to do with willpower. Alcoholics are in the grip of a powerful “craving,” or uncontrollable need, for alcohol that overrides their ability to stop drinking.
This need can be as strong as the need for food or water.
Although some people are able to recover from alcoholism without help, the majority of alcoholics need assistance. With treatment and support, many individuals are able to stop drinking and rebuild their lives.
Many people wonder why some individuals can use alcohol without problems but others cannot. One important reason has to do with genetics. Scientists have found that having an alcoholicfamily member makes it more likely that if you choose to drink you too may develop alcoholism. Genes, however, are not the whole story. In fact, scientists now believe that certain factors in a person’s environment influence whether a person with a genetic risk for alcoholism ever develops the disease.
A person’s risk for developing alcoholism can increase based on the person’s environment, including where and how he or she lives; family, friends, and culture; peer pressure; and even how easy it is to get alcohol.
What Is Alcohol Abuse?
Alcohol abuse differs from alcoholism in that it does not include an extremely strong craving for alcohol, loss of control over drinking, or physical dependence. Alcohol abuse is defined as a pattern of drinking those results in one or more of the following situations within a 12-month period:
1) Failure to fulfill major work, school, or home responsibilities; 2) Drinking in situations that are physically dangerous, such as while driving a car or operating machinery;
3) Having recurring alcohol-related legal problems, such as being arrested for driving under the influence of alcohol or for physically hurting someone while drunk; and 4) Continued drinking despite having ongoing relationship problems that are caused or worsened by the drinking. . . . .
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Although alcohol abuse is basically different from alcoholism, many effects of alcohol abuse are also experienced by alcoholics.
Absenteeism among problem drinkers or alcoholics is 3.8 to 8.3 times greater than normal. If your fellow workers don’t come to work, you may have to do their jobs in addition to your own. Workers who misuse alcohol don’t function at their full potential. Not only is absenteeism a problem, when they are at work these employees may have reduced capabilities and productivity. Since our mission is the safe transportation of hazardous liquid (or natural gas), alcohol misuse is an especially serious issue.
Where to Get Help:
1) Outpatient programs exist in a variety of settings: Community mental healthcenters. 2) Full service agencies
3) Private physicians’ and therapists’ offices Occupational settings 4) Specialized alcoholism treatmentfacilities
5) Inpatient services, designed for those with more serious alcohol problems, can be found in hospitals, residential care facilities, community halfway houses, and some alcoholism clinics.
Your local phone directory will list helpful referral organizations such as:
1) Local council on alcoholism
2) Alcoholics Anonymous
3) Community alcoholism or mental health clinic Social services or human resources department County medical society . . . .
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FREQUENTLY ASKED QUESTIONS AND ANSWERS
The City has a commitment to a fully compliant, safe, effective, and reliable alcohol and controlled substances testing program as mandated by the U.S. Department of Transportation (DOT) and the Pipeline Hazardous Materials Safety Administration (PHMSA). The Federal regulations not onlyestablish rules which the City must comply with, but they also protect employee rights. The City urges all covered employees to read this document carefully so they better understand the testing program. The City has on file a complete copy of the CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING POLICY for inspection.
COLLECTIONS ANDLABORATORY
Q. SHOULD I HAVE IDENTIFICATION WITH ME WHEN I REPORT TO THE COLLECTIONSITE? A. YES. The collection site person must positively identify you by a photographic identification such as a driver’s license or other picture I.D. In the absence of a photo I.D., you may be identified by a representative of the City who can vouch for your identification, either in person or by phone. You may request the collection site person to show you their identification.
Q. WILL I HAVE TO TAKE OFF MY CLOTHING FOR THE TEST?
A. NO. Only unnecessary outer garments, such as coats, or jackets that might conceal substances that could be used to tamper with the specimen, must be removed. This is also true of purses or briefcases; however, you may keep your wallet. Be aware that it is the practice of some physicians to ask the donor to put on an examination gown as a matter of general practice, however, the donor is within their right to refuse to do so. You may be asked to empty and show the collector items you have in your pockets. If you would like, you may request that the collection site person give you a receipt for any personal belongings that you are requested to leave with the collector during the collection process.
Q. I’VE HEARD THAT THERE ARE OBSERVED COLLECTIONS, IS THIS TRUE? A. Yes. The collector will follow the 49 CFR Part 40 guidelines for observing the collection. There are several reasons a direct observation is to take place which are outlined below. In the event of an observed collection, the observer must be of the same gender.
Your employer must request a directly observed collection if: (1) The laboratory reported to the MRO that a specimen is invalid, and the MRO determines that there is not an adequate medical explanation for the result; or (2) The MRO reports that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen could not be performed. Your employer must request a directly observed collection if you are taking a return-to-duty or a follow-up test.
The collector must immediately conduct a collection under direct observation if: (1) Instructed to do so by your employer; (2) You are observed bringing materials to the collection site or your conduct clearly indicates an attempt to tamper with a specimen, (3) The temperature on the original specimen was out of range; or (4) The specimen appeared to have been tampered with.
The collector is required to request that you raise your shirt, blouse, dress/skirt (as appropriate per gender) . . . .
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above the waist and lower clothing and underpants to show the collector, by turning around, that you do not have a prosthetic device. After the collector has determined that a device is not present, theywill permit you to return your clothing to its proper position for continuation of the collection. The collector is still required to watch the urine from the body into the collection container.
Refusal to submit to an observed collected specimen is treated as a refusal to test and reported to the employer assuch.
Q. WHAT IS “VALIDITY” TESTING?
A. Laboratories test every specimen for adulteration, substitution and dilution. An adulterated or substituted specimen is a violation of Federal drug testing regulations.
Q. IS IT TRUE THAT I MUST WASH MY HANDS BEFORE PROVIDING A SPECIMEN? A. YES
Q. WHY IS THERE COLORING AGENT IN THEBOWL?
A. To prevent the dilution or tampering of a specimen, a variety of measures are required by Federal regulations. Other measures are designed to prevent donor access to any materials or substances which could be used to adulterate specimens. These include barring access to any soap, soap dispenser, water fountain, faucet, cleaning agent or other such potential adulterants. Similarly, a coloring agent (other than red) in the bowl prohibits dilution of the urine by water from the bowl.
Q. WHAT IS THE COLLECTION PROCESS ACTUALLY LIKE?
A. The collection site will provide you a clean, single-use specimen container that is still securely sealed in a plastic bag. You should take the container out of the bag yourself.
After affording you privacy behind the stall door to provide your sample, within four (4) minutes of voiding, the collector will measure the temperature and also inspect the specimen for color and any sign of contaminates. If the specimen is outside the permitted temperature range, the collector is required by Federal regulation to immediately conduct a direct observation collection.
DOT regulations require a “split specimen”, that is, two specimen bottles. In the event of a positive test, you will have 72 hours to request a testing of the second or split sample by another DHHS lab.
Q. DOES THE CITY CONTROLLED SUBSTANCES TESTING PROGRAM USE A RELIABLE LABORATORY TO PERFORM THEURINALYSIS?
A. YES, ABSOLUTELY. The testing laboratories used by your agency have been certified by theU.S.
Department of Health and Human Services (DHHS) and follow strict procedures set forth in 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs. . . . .
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Q. HOW CAN I BE SURE THAT THE URINE SAMPLE TESTED BY THE LABORATORY IS MINE? A. Our laboratories have been evaluated by DHHS to ensure that they adhere to strict laboratory security and chain of custody procedures. The labs strictly control access to keep unauthorized personnel from all testing processes as well as areas where records are stored. Similarly, labs must be able to prove, in court, that chain of custody (COC) procedures were maintained to control your specimen from collection through completion of testing, reporting of results, storage and final disposition. For this reason, our labs use federally mandated chain of custody procedures and forms and will ensure that your own chain of custody form (CCF) is shipped with your specimen. You will participate in the identification of your own specimen while observing the sealing of your specimen bottles.
Q. HOW DOES THE RANDOM SELECTION PROCESS WORK?
A. The City has contracted with a C/TPA, because it gives the City access to a highly sophisticated computer program through which employees are selected for random testing. This process is not subject to tampering by anyone and contains a variety of security passwords and encryption codes to ensure that no employee can be “singled out” for a random test. For your protection, this computer program will only be provided to duly authorized DOT inspectors for their review to ensure compliance with the law.
Be aware that a true random program gives each employee in the random pool an equal opportunity to be picked and therefore, it is possible and quite probable that some employees will be picked more than once.
MEDICAL REVIEWOFFICER
Q. WHAT IS THE MEDICAL REVIEW OFFICER (MRO) AND WHAT DO THEY DO? The MRO is a licensed physician with knowledge of substance abuse disorders. MRO duties include:
Reviewing and verifying both negative and positive test results, Contacting the employee whose test is reported positive by the lab and providing the employee an opportunity to discuss the test results,
Reviewing and interpreting positive test results to determine if an alternate medical explanation, medical history, relevant biomedical facts and medical records made available by the employee could have caused the positive, including legally prescribed medications and, If required by the employee, the split specimen will be analyzed by another DHHS laboratory.
Q. WHAT IF THE MRO CAN’T CONTACT ME?
A. If the MRO can’t contact you, they must (by Federal regulation) notify the Designated Employer Representative (DER), without revealing the test result or any information. That person will then attempt to contact you and request that you contact the MRO. After notification by whatever means, you have 72 hours to contact the MRO. If you do not contact the MRO within this time period, the MRO will automatically verify the test as positive and notify the DER. Moreover, if the DER is unable to contact you, they have a right to place you on temporary medically unqualified leave. . . . .
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Q. DO I HAVE A RIGHT TO A RETEST OF ORIGINAL SPECIMEN?
A. ABSOLUTELY YES! If the MRO determines there is no legitimate medical reason for a positive, within seventy-two (72) hours of receipt of those test results from the MRO, you may request a test of the split specimen (the second specimen). The retest will be done at another DHHS certified laboratory and both labs must follow DHHS approved custody transfer procedures. A retest of the first (primary) specimen or giving a new specimen is NOT permitted by Federal rules.
Q. WHAT HAPPENS IF THE MRO DETERMINES THERE IS A LEGITIMATE MEDICAL REASON FOR A POSITIVE TEST RESULT?
A. The MRO reports the result to the Designated Employer Representative as a “negative” and no further action is taken.
NOTE: If there are other questions concerning the City of Vernon’s alcohol and drug testing program, please contact the City’s DER. . . . .
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APPENDIX A - INFORMATION AND REVISION SHEET
City Designated Employer Representative (DER) – This is the Program Administrator, the person in charge of the drug/alcohol testing program. This representative must remove employees from a Safety Sensitive position upon a violation of the DOT rules and regulations for drug/alcohol testing.
DER Name: Michael A. Earl
City Location: City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
323-583-8811 Ext. 239
C/TPA Service Agent: Quality Consortium Services
(507) 838-3080
Drug Testing Laboratory: LabOne, Inc.
d/b/a Quest Diagnostics
10101 Renner Blvd.
Lenexa, KS 66219
Phone: 913-888-3927
800-873-8845
Alere Toxicology Services
1111 Newton St.
Gretna, LA 70059
Phone: 504-361-8989
800-433-3823
Drug & Alcohol Collections
Coordinated by:
Quality Consortium Services
(507) 838-3080
EBT Device for Breath
Alcohol Testing
Medical Review Officer
(MRO):
Dr. Brian N. Heinen
151 Leon Ave.
Eunice, LA 70535
Phone: 888-382-2281
Substance Abuse Professional
(SAP):
American Substance Abuse
Professionals
888-792-2727
National Substance Abuse
Professionals Network 1-800-879-6428
Employee Assistance Program
(EAP):
Anthem PRISM
See Appendix C of this Policy for EAP information
For EAP (Employee Assistance) Referral: Attached to this policy is also a list of referral sources (Appendix C).
For required SAP referral speak to the DER listed above and/or the SAP listed above. . . . .
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APPENDIX B – THIRD PARTY PROVIDERS
The City shall be responsible for all actions of their Officials, Representatives, and Agents (including service agents) as required by CFR §40.11 and CFR §199.115(a).
On an annual basis the City will audit all third-party providers (Service Agents) who are providing DOT PHMSA services for the City. The audit will be to verify that services provided are in compliance with 49 CFR Part 40 (DOT) and 49 CFR Part 199 (PHMSA) regulations.
The City shall verify initially upon contract and annually that all Urine Specimen Collectors meet the training and qualification requirements required by 49 CFR Part 40.33. Specific training requirements for all contracted Urine Specimen Collectors are set forth in 49 CFR § 40.33 and incorporated herein by reference.
Training requirements for STTs and BATs are set forth in 49 CFR §40.213 and incorporated herein by reference.
The City shall verify all Substance Abuse Professionals (SAP’s) referred to applicants or employees meet the training and qualification requirements required by DOT 49 CFR Part 40.281. Specific qualification requirements to act as a SAP are set forth in 49 CFR 40.281 and incorporated herein by reference. . . . .
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APPENDIX C - EMPLOYEE ASSISTANCE PROGRAM
DOT regulated employees testing positive, or refusal to test must be referred to a Substance Abuse Professional (SAP):
American Substance Abuse Professionals, Inc.
888-792-2727
National Substance Abuse Professionals
Network 1-800-879
-6428
Mutual of Omaha
The following organizations and resources provide confidential assistance to individuals who have, or know someone who has, a problem with alcohol or other drugs.
Substance Abuse Treatment Locator www.findtreatment. gov Phone: 1-800-662-4357 / 1-800-662-9832 (Español) / 1-800-228-0427 (TDD) This Substance Abuse and Mental Health Services Administration (SAMHSA) Web site and toll-free phone line help individuals locate drug and alcohol abuse treatment programs in their communities.
Other National Hotlines & National Assistance Groups:
Drug & Alcohol Abuse Hotline 1-800-252-6465
Drug Addiction Referral Hotline1-800-758-5877
Alcoholics Anonymous1-800-344-2666
Narcotics Anonymous1-818-773-9999
AL-ANON Family Group Headquarters1-800-356-9996
Child Help's - National Child Abuse Hot Line1-800-422-4453 M.A.D.D.1-800-438-6233
S.A.D.D.1-508-481-3568
Families Anonymous1-800-736-9805
Florida Alcohol and Drug Abuse Association1-850-878-2196 National Runaway Switchboard1-800-621-4000
National Institute on Drug Abuse (NIDA)1-301-443-1124
National Suicide Prevention Lifeline1-800-273-8255
National Council on Alcoholism & Drug Dependence Hopeline1-800-622-2255 National Clearing House for Alcohol & Drug Information1-800-729-6686
Employees may also speak with the City representative identified in APPENDIX A for additional Employee Assistance Program (EAP) information or required referral to a Substance Abuse Professional. . . . .
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APPENDIX D - DRUG PANEL
As specified in DOT regulations 49 CFR Part 40, Section 40.87; the following substances will be tested for: (subject to change if the regulation changes)
All cutoff concentrations are expressed in nanograms per milliliter (ng/mL) DOT 5 Panel Drug Test Effective 01/01/2018
Initial Test Analyte Initial test
cutoff
Confirmatory test
analyte
Confirmatory
test cutoff
concentration
1 Marijuana metabolites
(THCA)
50 ng/mL THCA 15 ng/mL
2 Cocaine metabolite
(Benzoylecgonine)
150 ng/mL Benzoylecgonine 100 ng/mL
3 Phencyclidine (PCP) 25 ng/mL Phencyclidine
(PCP)
25 ng/mL
4 Amphetamines
Amphetamine 500 ng/mL Amphetamine 250 ng/mL
Methamphetamine 500 ng/mL Methamphetamine 250 ng/mL
MDMA/MDA 500 ng/mL MDMA/MDA 250 ng/mL
5 Opioids
Codeine/Morphine 2000 ng/mL Codeine/Morphine 2000 ng/mL 6-Acetylmorphine (6-AM or Heroin)
10 ng/mL6-Acetylmorphine
(6-AM or Heroin)
10 ng/mL
Hydrocodone 300 ng/mL Hydrocodone 100 ng/mL
Hydromorphone 300 ng/mL Hydromorphone 100 ng/mL
Oxymorphone 100 ng/mL Oxymorphone 100 ng/mL
Oxycodone 100 ng/mL Oxycodone 100 ng/mL
On an initial drug test, a result below the cutoff concentration is a negative. If the result is at or above the cutoff concentration the lab must conduct a confirmation test.
On a confirmation drug test, a result below the cutoff concentration is a negative. If the result is at or above the cutoff concentration it is a “lab report” confirmed positive requiring an MRO review.
The laboratory must report quantitative values for morphine or codeine that are greater than or equal to 15,000 ng/mL to the MRO.
All specimens will undergo a validity test to determine if the specimen is consistent with normal human urine. The purpose of validity testing is to determine whether adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted.
Alcohol – removal from safety sensitive position at .02% BAC or greater, violation of Policy at .04% BAC or greater. . . . .
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APPENDIX E – PREVIOUS EMPLOYER REQUEST
REQUEST FOR DOT DRUG AND ALCOHOL TESTINGINFORMATION FROM PREVIOUS
EMPLOYER
EFFECTIVE AUGUST 1, 2001, 49 CFR Part 40, U.S. Department of Transportation, Procedures for Transportation Workplace Drug and Alcohol Testing Programs requires employers to do a background check of all new employees hired (or current employees transferred) to perform safety sensitive covered functions. Enclosed with this document is a suggested form for requesting that information. The following is the regulation.
49 CFR Part 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties? (a) Yes, as an employer, you must, after obtaining an employee's written consent, request the information about the employee listed in paragraph (b) of this section. This requirement applies only to employees seeking to begin performing safety-sensitive duties for you for the first time (i.e., a new hire, an employee transfersinto a safety-sensitive position). If the employee refusesto provide this written consent, you must not permit the employee to perform safety-sensitive functions.
Employers regulated by FMCSA, must comply with the requirements of this section by using the FMCSA’s Drug and Alcohol Clearinghouse in accordance with section 382.71(a). In addition, they must continue to comply with the requirements of section 40.25 when checking an employee’s testing history with employers regulated by a DOT operating administration other than FMCSA.
Employers regulated by FMCSA, with a prospective employee subject to drug and alcohol testing with a DOT agency other than FMCSA, must continue to request the information about the employee listed in this section. For example, if employers regulated by both FMCSA and PHMSA, hiring an employee to perform functions regulated by both DOT agencies, must query FMCSA’s Clearinghouse to satisfy FMCSA’s requirements and must request the information listed below in this section to satisfy PHMSA’s requirements.
(b) You must request the information listed in this paragraph (b) from DOT-regulated employers who have employed the employee during any period during the two years (three years for FMCSA) before the date of the employee's application or transfer:
1) Alcohol tests with a result of 0.04% or higher alcohol concentration; 2) Verified positive drug tests;
3) Refusals to be tested (including verified adulterated or substituted drug test results); 4) Other violations of DOT agency drug and alcohol testing regulations; and 5) With respect to any employee who violated a DOT drug and alcohol regulation, documentation of the employee's successful completion of DOT return
-to-duty requirements (including follow-up
tests).
A form is provided with this policy for the City to use to request the previous employer drug and alcohol history.
. . . .
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If the previous employer does not have information about the return -do-duty process (e.g., an employer
who did not hire an employee who tested positive ona pre-employment test), you must seek to obtain this information from the employee.
The information obtained froma previous employer includes any drug or alcohol test information obtained from previous employers under this section or other applicable DOT agency regulations.
If feasible, you must obtain and review this information before the employee first performs safety- sensitive functions. If this is not feasible, you must obtain and review the information as soon as possible. However, you must not permit the employee to perform safety-sensitive functions after 30 days from the date on which the employee first performed safety-sensitive functions, unless you have obtained or made and documented a good faith effort to obtain thisinformation.
If you obtain information that the employee has violateda DOT agency drug and alcohol regulation, you must not use the employee to perform safety
-sensitive functions unless you also obtain
information that the employee has subsequently complied with the return-to-duty requirements of 49 CFR Part 40 SubpartO and DOT agency drug and alcohol regulations.
You must provide to each of the employers from whom you request information under paragraph (b) of this section written consent for the release of the information cited in paragraph (a) of this section.
The release of information under this section must be in any written form (e.g., fax, e-mail, letter) that ensures confidentiality. As the previous employer, you must maintaina written record of the information released, including the date, the party to whom it was released, and a summary of the information provided. A form is provided with this policy to make this request.
If you are an employer from whom information is requested under paragraph (b) of this section, you must, after reviewing the employee's specific, written consent, immediately release the requested information to the employer making the inquiry.
As the employer requesting the information required under this section, you must maintaina written, confidential record of the information you obtain or of the good faith efforts you made to obtain the information. You must retain this information for three years from the date of the employee's first performance of safety-sensitive duties for you.
As the employer, you must also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years. If the employee admitsthat he orshe hada positive test ora refusal to test, you must not use the employee to perform safety-sensitive functions for you, until and unless the employee documents successful completion of the required return -to-duty process.
Previous employer means any DOT regulated person who employed the covered employee in the preceding2 years (3 years for FMCSA)
, including any possible current employer.
. . . .
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APPENDIX F - POST-ACCIDENT GUIDELINES
FOR SUPERVISORS and EMPLOYEES
The employee is required to notify their supervisor immediately when an incident occurs.
The appropriate official of this City must take all reasonable steps to obtain both an alcohol test and a urine sample from an employee after an accident has been determined by the Pipeline Operator, as defined in this policy, but any injury should be treated first.
Each employee shall be required to submit to an alcohol test within 2 hours of the accident. If a test is not administered within two hours following the accident the City shall prepare and maintain on file a record stating the reasons why the test was not administered. If a test is not administered within 8 hours following the accident the City shall cease all attempts to conduct an alcohol test and shall prepare and maintain on file written documentation indicating why the alcohol test was not conducted.
Each employee shall be required to submit to a drug test no later than 32 hours after an accident. If a test is not administered within 32 hours following the accident the City shall cease all attempts to conduct a drug test and shall prepare and maintain on file written documentation indicating why the drug test was not conducted.
In the event the employee is injured, treatment comes first however; the following guidelines will be followed for alcohol/drug testing:
In the case of a conscious but hospitalized employee, management should request that the hospital or medical facility obtain the breath and urine samples from the employee under DOT drug testing requirements as set forth in 49 CFR Part 40.
If an employee is injured, unconscious (employee is unable to communicate), or otherwise unable to evidence consent (employee is unable to sign custody and control form or alcohol test form) to the alcohol/drug test, a test should not be attempted.
If an employee is conscious (employee can communicate) and he/she is able to evidence consent (employee able to sign custody and control form and the alcohol test form) to the alcohol/drug test and is able to provide an adequate breath and void normally the specimens shall be collected.
If an employee who is subject to post-accident testing is conscious, able to breath and urinates normally (in the opinion of a medical professional), and refuses to be tested, that employee will be removed from duty and will be subject to disciplinary action up to and including termination.
The following procedure should be followed to ensure a proper post-accident procedure.
Employee should report all post-accident/incidents to their supervisor if a supervisor has not witnessed the accident.
The supervisor will validate the post-accident decision by making sure the definition of a PHMSA accident . . . .
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applies to the current event. This will be done by obtaining approval fromthe PHMSA Operator to proceed with post-accident testing.
The supervisor will remove the employee from the workplace during the decision-making process to concur or discounta PHMSA accident occurred and the supervisor will explain the reason to the employee.
The supervisor should explain to the employee that even though it may feel like an accusation, stress that this is an attempt to gather additional data to determine why the accident occurred, Document the reason to test or not to test and all other actives that take place surrounding the accident event.
The employee who is subject to post-accident testing must remain available for testing, or the City may consider the employee to have refused to submit to an alcohol& drug test.
The employee subject to post-accident testing must refrain from consuming alcohol for eight hours following the accident, or until he or she submits to an alcohol test, whichever comes first.
When the determination has been made, explain to the employee that it isa requirement to conduct the drug and alcohol test per the PHMSA regulations.
It is a best practice to transport the employee to the collection/testing facility.
After returning from the collection site, the employee should not be allowed to return to performing any covered functions pending the results of the alcohol and drug test and any discussion of disciplinary action that may occur. . . . .
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APPENDIX G - REASONABLE CAUSE/SUSPICION GUIDELINES FOR
SUPERVISORS
In making a determination of reasonable cause, the factors to be considered include, but are not limited to the following:
1) Adequately documented pattern of unsatisfactory work performance, for which no apparent nonimpairment related reason exists, or a change in an employee's prior pattern of work performance, especially where there is some evidence of alcohol misuse or drug related behavior on or off the work site.
2) Physical signs and symptoms consistent with alcohol misuse or controlled substance use. 3) Evidence of illegal substance use, possession, sale, or delivery while on duty. 4) Occurrence of a serious or potentially serious accident that may have been caused by human error, or flagrant violations of established safety, security, or other operational procedures.
Forms utilized for this Policy include a Reasonable Cause/Suspicion Checklist to assist in making the reasonable suspicion determination.
The following are recommended actions a supervisor should take when confronted with a possible drug or alcohol use situation:
1) Ask the employee to come to a private area with another supervisor and/or other appropriate personnel
2) Inquire about the behavior, rumor or report
3) Inform the employee of your concerns
4) Get his or her explanation of what is going on
5) If you feel there is a problem, notify your superior 6) If there is evidence or suspicion of recent use and based upon the employee’s response the supervisor should:
a. Transport the employee to the collection/testing site b. Place the employee on leave until a formal investigation takes place c. Arrange for the employee to be escorted home
d. Refer the employee to the EAP, if applicable
If you make observations regarding the illegal distribution, possession, sale, transportation or manufacturing of controlled and dangerous substances on work property, contact local law enforcement.
These situations usually result in a uniformed officer responding to conduct an investigation, make an arrest(if appropriate) and prepare a report
49 CFR Part 382.603: Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing under 49 CFR §382.307. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. . . . .
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ACKNOWLEDGEMENT OF RECEIVING ANTI-DRUG AND ALCOHOL MISUSE PREVENTION POLICY
City of Vernon
I hereby acknowledge receipt of this notice, Frequently Asked Questions and Answers, the Anti-Drug and the Alcohol Misuse Prevention Policy. I agree to familiarize myself with these plans and to comply with all provisions. (PRINT EMPLOYEE NAME) (EMPLOYEE I.D.NUMBER) (EMPLOYEE SIGNATURE) (DATE)
(WITNESS PRINT NAME AND SIGNATURE) (DATE)
This receipt is to be read and signed by the employee. A copy of this receipt may be given to the employee.
The original of this receipt must be kept on file. . . . .
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City Council Agenda Report
Meeting Date: September 5, 2023
From: Scott Williams, Director of Finance
Department: Finance
Submitted by: Jessica Alcaraz, Financial Services Administrator Subject
Community Development Block Grant Program Closeout for Coronavirus Response Rounds 2 and 3
Recommendation
Receive and file the report summarizing the accomplishments performed under the Community Development Block Grant Agreement 20-CDBG-CV-2-3-00153 and authorize staff to proceed with submitting required documents for closeout to the State.
Background
On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security (CARES) Act in response to the impacts of the COVID-19 pandemic. The State Department of Housing and Community Development (HCD) published a Notice of Funding Availability (NOFA) for the Community Development Block Grant Program – Coronavirus Response Round 2 and 3 (CDBG-CV 2 and 3). As a local non-entitlement jurisdiction, the City was allocated $247,979 based on the formula provided HCD to aid in offsetting costs for activities related to COVID-19.
On September 21, 2021, Council adopted Resolution No. 2021-31 approving an application for funding and the execution of a grant agreement 20-CDBG-CV-2-3-00153 with HCD.
The full $247,979 awarded was expended for the operations of the AltaMed services for COVID19 screening and testing. Early in the pandemic, the City partnered with AltaMed to promptly mobilize and effectively respond to Coronavirus. Grants totaling $250,000 were given to AltaMed to aid with operational costs incurred in setting up outdoor evaluation and testing centers to meet the need of underserved, high-risk communities across Los Angeles and Orange County. Three of the nine centers were located in the Southeast Los Angeles (SELA) region. From March 15, 2020 to July 20, 2020, the evaluation centers in SELA completed 20,798 medical assessments serving City of Vernon residents, businesses, and neighboring community members. AltaMed’s main focus was to leverage testing to identify the sick and to provide targeted care to the most vulnerable populations offering an invaluable service during the peak of the pandemic.
The program under agreement 20-CBG-CV-2-3-00153 has been completed. Staff has submitted final funds requests for all eligible expenses and will submit the required closeout documents to initiate the closeout process after Council approval.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. AltaMed COVID-19 Response Efforts Report . . . .
Item 7 Page 1 of 5
1 COVID-19 Response Efforts– City of Vernon Final Report
BACKGROUND
The COVID-19 Pandemic has become a historic public health challenge that is testing the capacity of health care delivery organizations to respond to escalating patient demand while also having to manage patient and staff safety. As one of the largest safety net providers in the Southern California, AltaMed is well-positioned to respond to the urgent needs of the COVID-19 pandemic. AltaMed provides care in communities that traditionally bear the burdens of health disparities and that have been disproportionately impacted by COVID-19. A significant number of the community members we care for are burdened with chronic disease, are at risk of becoming homeless or are currently homeless, and have substance use disorders. Collectively, these populations are disproportionately impacted by this pandemic, at high-risk of COVID-19 infection and have lower rates of recovery. Additionally, in our immigrant communities, low-income patients and underinsured patients are less likely to seek medical care due to cost. As such, our patient population represents some of the most vulnerable especially as it pertains to COVID-19.
COVID-19 RESPONSE
As Southern California felt the impact of rapidly unfolding events such as school closings and safer-at-home orders in mid-March, AltaMed promptly mobilized to best respond and support not only its 230,000 patients, but also the greater community it serves—predominantly low- income, immigrant, communities of color in Los Angeles and Orange Counties. Led by Dr. Sherril Brown, AltaMed’s Infection Prevention Medical Director, a COVID-19 action plan to shift the way health care is delivered was quickly developed and deployed. In order for the organization to be able respond effectively to COVID-19, it was determined that an approach was needed to ensure individuals with upper respiratory symptoms could be triaged and treated quickly without exposing others to possible infection. The team was able to rapidly develop infrastructure for the delivery of alternative medical care in response to the COVID-19 pandemic. The result was the implementation of safe, outdoor evaluation/ community testing sites in Los Angeles and Orange Counties for AltaMed patients and non-patients presenting symptoms with upper respiratory infection, one of the main COVID-19 symptoms. These centers provide community-based testing and evaluation for both AltaMed patients and non-patients in a “drive-through” setting. Our testing efforts has been imperative to maintain the overall health system capacity by allowing AltaMed care for individuals that otherwise could have inundated the hospital system. . . . .
Item 7 Page 2 of 5
2 COVID-19 Response Efforts– City of Vernon Final Report PERFORMANCE UPDATE (REPORTING PERIOD 3/15/2020 –7/20/2020) During this reporting period, AltaMed launched nine outdoor Evaluation & Testing Centers to meet the need of underserved, high-risk of infection communities across Los Angeles and Orange Counties.Three of our nine evaluation sites werelocated in Southeast Los Angeles (SELA) region. As of July20
th, AltaMed’s evaluation center
s in SELA have been able to complete 20,798 medical assessments serving City of Vernon residents, neighboring community members and inviduals working in the city. The tables below show demographics breakdown for community members that have turned to AltaMed as a trusted Medical Care provider during this pandemic.
While the numbers above show significant wins for AltaMed and the health of our communities, the operational cost of these programs has been a huge undertaking. “One of the key things that I am concerned about, when government is making big decisions about where resources should go, those resources are not coming down to our communities, even though these are the individuals categorized as essential workers” says Dr. Efrain Talamantes, AltaMed’s Chief Operating Officer. Many health centers have had to take on the burden of expenses caused by the COVID-19 pandemic. The three main areas where AltaMed has incurred significant unplanned expenses are:
1. Building capacity in temporary drive-up testing centers – During this reporting period, AltaMed incurred start up cost to operate and maintain outdoor testing centers, open for evening and weekend evaluations; Some of the most notable expenses in this category has been outdoor equipment rentals, security, portable technology equipment, signage, etc.
2. Increased health center capacity and personnel levels to support coronavirus testing, clinical and operational needs directly related to testing – Increased capacity by redeploying clinical staff to evaluation centers with a high testing need including nursing staff to assess and conduct tests and physicians to provide onsite oversight and testing services;
3. Purchased and distributed personal protective equipment and supplies to provide a safe testing environment for staff and patients – Supplies include: N95 masks, Pediatric masks, Face Shields, PPE gowns, gloves, shoe covers, bouffants, hand sanitizer, disinfectants, and thermometers, etc.
AltaMed is incredibly grateful to City of Vernon for their financial support during this worldwide crisis. The awarded funds of $250,000 have been utilized to offset over 2 million dollars of unplanned expenditures (see breakdown below) and will allow us to continue to serve Southeast Los Angeles community members in need of testing and/or treatment for COVID-19. . . . .
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3 COVID-19 Response Efforts– City of Vernon Final Report
DEMOGRAPHICS
11,290
9,508
8,500
9,000
9,500
10,000
10,500
11,000
11,500
GENDER
Female
Male
ETHNICITY QUANTITY
Hispanic or Latino 12,738
White 6,341
Asian 783
Black or African American 165
American Indian or Alaska
Native
9 Native Hawaiian/Other Pacific
Islander 26
Other Multi Racial 736
TOTAL 20,798
2,755
9,439
7,267
1,337
0 1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
0-17 18-40 41-65 65+
AGE
. . . .
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4 COVID-19 Response Efforts– City of Vernon Final Report
EXPENDITURES
. . . .
Item 7 Page 5 of 5
City Council Agenda Report
Meeting Date: September 5, 2023
From: Zaynah Moussa, City Attorney
Department: City Attorney
Submitted by: Eva Muro, Legal Analyst
Subject
Amendment No. 1 to the Attorney Services Agreement between the City of Vernon and Burke, Williams & Sorensen, LLP for specialized outside legal services Recommendation
Approve and authorize the City Administrator to execute Amendment No. 1 to the Attorney Services Agreement with Burke, Williams & Sorensen, LLP (Burke Williams), in substantially the same form as submitted, to increase the total not-to-exceed amount by an additional $125,000.
Background
The City Attorney’s Office is staffed by the City Attorney and one Legal Analyst. For litigation and specialized legal matters, the City Attorney utilizes the assistance of outside counsel on an as-needed basis. On May 17, 2022, City Council approved an Attorney Services Agreement for litigation and specialized legal services with Burke Williams (Agreement).
Burke Williams was selected after a comprehensive competitive selection process, in accordance with City purchasing procedures and good governance contracting principles. In November 2021, the City Attorney’s Office issued a Request for Proposals (RFP) for Outside Legal Services to develop a “roster” of outside counsel that can be utilized when needed. After receiving high scores from the RFP evaluation panel, Burke Williams was selected for litigation and specialized municipal matters. The term of the Agreement between the City and Burke Williams is May 20, 2022 through May 19, 2025. The City Attorney’s Office anticipates conducting a new RFP process for outside legal services in or around November 2024, in compliance with Vernon Municipal Code Section 3.32.220(B).
The City Attorney’s Office estimates costs for outside legal services each fiscal year and seeks contract approval or amendment consistent with budget allocations approved by City Council. Based on pending legal matters assigned to Burke Williams and projected costs for Fiscal Year 2023-24, staff is requesting authority to enter into Amendment No. 1, which maintains all existing terms under the current Agreement and increases the not-to-exceed amount by $125,000, bringing the total contract amount to $275,000. Pursuant to Section 3.32.030(B), City Council approval is required for the proposed amendment as the total value of the contract exceeds $100,000.
Fiscal Impact
The fiscal impact is not-to-exceed $275,000 in the three-year contract term. Sufficient funds are available in General Fund, City Attorney Department, Professional Services – Legal Account No. 011-010-115-529200 for the current fiscal year and will be budgeted in FY 2024-25.
Attachments
1. Burke Williams - Amendment No. 1 . . . .
Item 8 Page 1 of 3
AMENDMENT NO. 1 TO THE ATTORNEY SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BURKE, WILLIAMS & SORENSEN, LLP FOR SPECIALIZED OUTSIDE LEGAL SERVICES This Amendment No. 1(Amendment) to the Agreement for specialized outside legal services dated May 20, 2022, (Agreement), is made as of September 5, 2023, by and between the City of Vernon, a California charter city and municipal corporation (City), and Burke, Williams & Sorensen, LLP, (Associate Counsel), a limited liability partnership.
The City and Associate Counsel agree as follows:
RECITALS
A.The City and Associate Counsel are parties to a written Agreement dated May 20, 2022, under which Associate Counsel provides specialized outside legal services.
B.The City and Associate Counsel desire to amend the Agreement to increase the total not to exceed amount by an additional $125,000.
NOW, THEREFORE, the parties to this Amendment agree as follows:
1. Effective as of September 5, 2023, the total amount not to exceed for the period of May 20, 2022 through May 19, 2025 shall not exceed a total amount of $275,000.
2. Except as expressly modified by this Amendment, all provisions of the Agreement shall remain in full force and effect.
3. The provisions of this Amendment shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment and shall supersedeany other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment.
4. The person or persons executing this Amendment on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
[Signatures Begin on Next Page].
. . . .
Item 8 Page 2 of 3
Burke, Williams & Sorensen, LLP Amendment No. 1 Page 2 of 2 _______________________
IN WITNESS WHEREOF, the parties have executed this Amendment as of thedate stated in the introductory clause.
City of Vernon,a California Charter City and
California municipalcorporation
_______________________________
Carlos Fandino, City Administrator
ATTEST:
________________________________
LISA POPE, City Clerk
APPROVED AS TO FORM:
_______________________________
ZAYNAH N. MOUSSA, City Attorney
Burke, Williams & Sorensen, LLP, a
limited liability partnership By:
Name:
Title:
. . . .
Item 8 Page 3 of 3