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ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
ADMINISTRATIVE REGULATIONS GOVERNING
DRUG AND ALCOHOL USE AND ABUSE
I – PURPOSE
The City of Muskegon is dedicated to the well-being and safety of our employees, and the
community we serve. We’re also committed to the successful operation of our city for its
citizens. We’re committed to improving employee productivity and in servicing the needs and
demands of our employees and residents.
We abide by the Federal Drug Free Workplace Act of 1988 (§4804 of the Anti-drug Abuse Act of
1988). We must comply with the regulations of the Federal Highway Administration, Department
of Transportation (DOT) Qualification of Drivers and Procedures for Transportation Workers Drug
Testing Programs (49 CFR, Part 40 and 382).1 We’re also covered by the Americans with
Disabilities Act (Public Law 101-336, July 1990). Finally, we must comply with Michigan’s Motor
Carrier Safety Act No. 339 of 1990 (MCL 480.11) and all revisions to that act, specifically, public
Act No. 100 of 1991.
In the City of Muskegon, we’re striving to provide a working environment that is free from the
unlawful or illegal consuming, growing, producing, giving, sharing, possessing, selling,
manufacturing, or transporting of any controlled or illegal substance.
We are, therefore, setting up these regulations based upon the federal regulations governing
the use and abuses of alcohol and/or illegal or otherwise, controlled substances in our
workplace.
II –POLICY
A. ILLEGAL AND UNAUTHORIZED DRUGS: The City of Muskegon attempts to provide a drug
free, healthful, safe and secure working environment.2 None of our employees will
report to work displaying the effects of illegal, illicit, controlled or unauthorized drugs. No
employee will take, make, sell, give, transport or possess a controlled or illegal substance
listed within the context of the Controlled Substance Act (CSA). This specifically includes
all Schedule I. and II. substances as well as Schedule III. through V. Substances being
used or possessed without approval or authorization.
B. CONTROLLED SUBSTANCE LEVELS: All substance testing will be accomplished according
to the guidelines established by the U.S. Department of Health and Human Services and
the Department of Transportation, 49 CFR Parts 40, 382 and 391.3 Testing is required for
the following five substances, the use of which we consider unacceptable in our business
environment.
1. Amphetamines: (Cutoff level of 1,000 NG/ml)
a. Amphetamine confirmatory level of 500 NG/ml)
b. Methamphetamine confirmatory testing levels of 500 NG/ml
2. Cocaine: (Cutoff level of 300 NG/ml)
a. Metabolite confirmatory levels of 150 NG/ml
b. Benzoylecgonine
3. Marijuana: (Cutoff level of 50 NG/ml)
a. Metabolite Confirmatory level of 15 NG/ml
b. Delta-9-tetrahydrocannabinol
1 49 CFR, Part 382, § 107
2 49 CFR, § 382.103(a)
3 49 CFR, Part 40, § 40.29(e)
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ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
4. Opiates: (Cutoff level of 300* NG/ml)
a. 25 NG/ml if immunoassay specific for free morphine
b. Morphine confirmatory levels of 300 NG/ml
c. Codeine confirmatory levels of 300 NG/ml
5. Phencyclidine: (Cutoff level of 25 NG/ml)
a. Metabolite confirmatory level of 25 NG/ml)
6. Test Use: Any urine specimens collected may only be used to test for controlled
substances designated or approved for testing and shall not be used to conduct any
other analysis or test unless otherwise specifically authorized by FHWA regulations.
Always, the Chain of Custody will show the test required.4
a. Split Samples5 : The specimen collected must consist of not less than 45 milliliters
of urine, 30 of which are poured into a container for initial testing and 15 ml of
which will be poured into a second container for storage by the testing
laboratory for not less than 60 days from receipt of both specimens by the lab.
b. The split sample confirms contested positive test results if the primary sample
shows a positive test result. The split sample will result in a negative report if it
overturns a previously reported positive test.
c. Further, our program does not prohibit procedures incidental to an analysis of the
specimen for controlled substances.
C. ALCOHOLIC BEVERAGES: The use of alcoholic beverages by employees affects safe
and efficient operations. No employee will use or possess alcoholic beverages during
working hours.6 Further, no employee shall report to work while under the influence of
alcoholic beverages, displaying the effects of having used alcohol, or within four (4)
hours of having used alcohol.7
1. The odor of alcohol on any employee’s breath is reason for us to believe that the
employee has used and may be under the influence of alcohol. Any employee who
engages in such conduct may be subject to discipline, up to and including
immediate termination. Termination action, under these administrative regulations
will be initiated when:
a. An employee refuses to submit to a required preliminary breath test (PBT)
followed by an evidential breath test (EBT) or any other DOT-approved test to
measure the extent and level of alcohol within a worker’s body.8
b. An employee tests above .04 percent Breath Alcohol Level (BAL) and refuses
assessment or fails to complete the treatment plan prescribed by the assessment
professional.
c. Tests above .07 percent BAL while reporting for duty, while on duty, or within eight
(8) hours following a reportable accident.
D. NOTIFICATION OF CRIMINAL CONVICTION: All employees will notify the City of Muskegon
of any criminal drug statute conviction.
4 49 CFR, §391.93
5 49 CFR, Part 40, § 40.25 (B) (1)
6 49 CFR, § 382.205
7 49 CFR, § 382.207
8 49 CFR, §382.211
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ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
E. NOTIFICATION OF CIVIL OR CRIMINAL DRIVING INFRACTION CONVICTIONS: Likewise, any
and all employees will notify the City of Muskegon of any civil or criminal driving
conviction resulting from an arrest for impaired driving or operating under the influence
moving violation or related offense.
1. The employee must notify their immediate supervisor, in writing, of any such
conviction for drug or alcohol within twenty-four (24) hours of the conviction. The
immediate supervisor will report the incident to the Human Resources Department of
the City of Muskegon. Such convictions include:
a. Refusal to submit to chemical test (Michigan Implied Consent Law).
b. Operating with an unlawful blood alcohol level (UBAL) of .10 percent or more
c. Operating under the influence of liquor (OUIL).
d. Operating under the influence of drugs (OUID).
e. Operating while impaired (OWI) by alcohol and/or other drugs.
2. This provision also requires each employee to notify the City of Muskegon, in writing,
within twenty-four hours or by the end of the next business day of any such action
involving:
a. Any license suspension or revocation.
b. Any cancellation, lost privilege or disqualification.
F. AMNESTY AGREEMENT: It is not the intent of the City of Muskegon to cause undue
hardships, prolong suffering caused by addiction or dependence to controlled
substances or alcohol, or invoke unreasonable disciplinary action. We are urging any of
our employees who may have a problem to come forward before the first testing takes
place. Those who voluntarily come forward can expect:
1. COMPLETE and total confidentiality, and
2. Prompt referrals to certified and licensed substance abuse professionals capable of:
a. Providing accurate and clinically sound assessments.
b. Referrals to licensed and experienced employee assistance providers, and
3. REASONABLE EXPECTATIONS of return to duty provided:
a. All terms and conditions of any treatment plan are fully met, and
b. The employee is capable of holding a current license allowing them to retain
employment in that classification, and
c. Is not medically disqualified from operating any commercial motor vehicle (CMV).
4. ANY EMPLOYEE failing to meet any of the stipulations contained in the preceding
paragraph can expect appropriate levels of disciplinary action up to and including
termination of employment.
5. EMPLOYEE FAILING to come forward under this last chance agreement and who are
found to have a positive test under the provisions of Part III (following) of these
regulations can expect to be subjected to the appropriate levels of discipline.
III –DRUG AND ALCOHOL SCREENING:
All substance testing will be done by a reliable hospital or independent laboratory using
qualified and trained medical technicians or professionals.
A. EMPLOYEES will be transported to and from the collection site in all cases involving
reasonable suspicion, cause or post-accident testing.
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ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
1. The employee’s department head will make final determination whether to suspend
employees or not, and/or with or without pay.
2. Should the tests prove negative, the employee will be returned to work without.
discipline or loss of pay. Positive testing of drug or alcohol use or abuse or refusal to
submit to this testing can be grounds for discipline up to and including termination.
B. OFF DUTY ALCOHOL USE: No City employee engaged in operating a commercial motor
vehicle will consume any alcoholic beverage within four (4) hours of expected starting
time or beginning a safety-sensitive function.9
1. ANY EMPLOYEE called to work and having consumed alcohol within the four (4) hour
period will advise their supervisor or dispatcher they are unable to report to work.
2. BREATH ALCOHOL LEVEL OF .02 TO .04 PERCENT: Federal Motor Carrier Safety
Regulation (FMCSR) 392.5 A person, whether licensed or not, whose breath contains
.02 percent or more but less than .04 percent by weight of alcohol shall not operate
a commercial motor vehicle within the State of Michigan. Any operator found
operating a commercial motor vehicle in this condition is subject to suspension up to
and including termination.
a. Any vehicle or equipment being operated by an employee testing positive for
alcohol use to these levels will be shut down, locked, secured, or otherwise
locked-out and tagged-out until a designated representative of the City can
retrieve the vehicle and/or equipment.
b. Any employee found to have violated the mandatory twenty-four (24) hour
stand down order will be considered violating these regulations and appropriate
disciplinary action can be taken.
c. Any employees who operate a publicly-owned commercial motor vehicle
violating law enforcement imposed out-of-service order may be guilty of a
misdemeanor and may have their CDL suspended for (1) year. Such an action
would disqualify that employee from continued employment as a driver.
d. Any employee refusing to submit to a Preliminary Breath Test (PBT) for cause or
whose breath alcohol level measures .02 percent or more but less than .04
percent as measured by a PBT and confirmed by an Evidential Breath Test (EBT)
will be suspended for 24 hours.
The employee who refuses to submit to PBT or EBT and was operating a
commercial motor vehicle will be considered to have a BAL. of above .04
percent and is medically disqualified from operating a commercial motor
vehicle until they can successfully pass a chemical analysis of breath and submit
to an assessment by a licensed substance abuse professional.
(i). Under the terms of 49 CFR, part 382, subpart A, 382211, No employer shall
allow a driver who refuses to submit to a required alcohol or controlled
substance test to perform or continue to do safety-sensitive functions.
9 49 CFR, Part 382, §382.207
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ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
IV- EMPLOYMENT CONSIDERATION TESTING10:
All regulated (safety-sensitive) applicants must submit to and pass a urine drug screening test to
be considered for employment.
A. POST-OFFER CANDIDATES: All other job candidates, if appropriate, will submit to, and
pass a urine drug screen.
1. An applicant who has received a firm job offer is cautioned against giving notice at
their current position, selling real estate, or incurring other costs associated with
accepting employment with the City of Muskegon until drug screening testing
clearance has been received. Under no circumstances should a new employee
report for work until clearance is received by the City.
2. If an applicant protests a positive urine drug test screening result, the City may
exercise its discretion to allow the applicant to submit the split sample portion of the
original specimen, immediately and without prior notice, for testing. An applicant
who refuses screening will be denied any further consideration.
3. If the split-sample urine drug screen test is requested, the applicant will pay for the
test. If the split sample test is reported as a negative, the employee will be
reimbursed for the cost of the split sample test. If the split sample test results overturn
a first test positive, the test will be considered a negative and a copy of the second
test results will be placed in the employee’s drivers or personnel file and a copy
provided to the employee or applicant.
V – REASONABLE SUSPICION OR FOR CAUSE TESTING:
Any employee whose performance suggests that they are unfit for duty and are possibly using
or abusing drugs or alcohol will be subject to a drug or alcohol screening test.11
A. REASONABLE SUSPICION: For the purposes of our regulations, the term “reasonable
suspicion” applies to only testing for controlled substances. The tern, “reasonable
cause”, applies to testing for consumption and use of alcohol.
B. JUSTIFICATION OF REASONABLE SUSPICION TESTING: A trained supervisor may insist on a
reasonable suspicion drug or reasonable cause alcohol test any time he or she has a
valid and supportable reason to believe that the employee’s actions, behavior,
appearance or symptoms suggest the use or abuse or illegal or unauthorized drugs
and/or alcohol. The trained supervisor must document incidents of reasonable
suspicion (for cause) and the justification should include two or more of the indicators
contained on the Supervisor’s Incident Report (AD-102) and as outlined in Paragraph C
of this section except reportable accidents.
1. A trained supervisor is one who has received not less than 60 minutes of initial
training in detecting the signs and symptom of drug use and 60 minutes in detecting
the signs and symptoms of alcohol use and abuse.12
10 49 CFR, Part 382, Subpart C, §382.301
11 §382.307
12 49 CFR, Part 382, Subpart C, §382.307 and Subpart F, §382.603
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ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
2. Where possible and practicable, the supervisor making the initial observation shall
enlist the assistance of another trained supervisor to confirm their observations within
the expectation of employee privacy and confidentiality.
a. In cases where it is not possible to obtain eyewitness support, the supervisor may
obtain telephonic or electronic confirmation of his or her observations.
C. DRUG OR ALCOHOL SCREENING TESTS: Approved tests will be required of a specific
employee, or group of employees, anytime the City, based upon the observations of a
trained supervisor, thinks that such testing may be appropriate, including, but not limited
to the following:13
1. Employee absenteeism or tardiness
2. Accident investigation
3. Unexplained deterioration of individual job performance
4. A significant change in the individual’s personality
5. Reports that an individual employee, or groups of employees, have been using
drugs or alcohol violating this policy.
6. Admission regarding the employee’s use of drugs or alcohol.
7. Unexplained absences from the normal workplace when there is reason to suspect
drug or alcohol-related activity violating this policy
8. Smell or odor suggesting the presence of drugs or alcohol.
9. Behavior suggesting the employee is under the influence of drugs or alcohol.
10. Safety violation including injuries.
VI - POST-ACCIDENT TESTING:
Any employee involved in a reportable vehicle accident14 while operating any vehicle owned
or operated by the City of Muskegon may be required to submit to a urine drug screen or
Evidential Breath Test. By definition, the City of Muskegon considers an accident reportable
when:
A. ACCIDENT: An accident resulted in personal injury requiring medical attention15, or
B. CITATION: An employee was cited by an investigating law enforcement agency,16, or
C. Any vehicle or heavy equipment involved in the accident is unable to be driven from the
scene under its own power.17
VII – RANDOM AND PERIODIC SELECTION: (CDL’s only)
A. RANDOM SELECTION: All CDL employees will be included in casual selections of
employees to undergo unannounced urine drug screens and alcohol tests. Such casual
selections are called random tests and selection will be conducted from a pool of eligible
workers employed by the City.18 Selection will be based upon:
1. Regulated Selection: A casual or random draw of the selected employees from a
pool containing the last four digits of employee social security numbers of all
regulated employees.
13 §382.307 (a) (b) (c) 9d)
14 §382.303
15 City of Muskegon Work Rule
16 49 CFR, Part 382, Subpart C, §382.303 (a) (2) and (b) (2)
17 City of Muskegon Work Rule
18 §382.305 (e) (f)
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ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
a. Random Drug Tests will equal not less than 50 percent of all employees listed within
the pool in a calendar year.19
b. Random Alcohol Tests will equal not less than 25 percent of all employees listed
within the pool for at least the first year of operation.
c. Random alcohol tests may be selected from those to participate in the drug
screen random selection provided;
(i.) Each employee within the pool has an equal chance of being selected for
either or both tests.
(ii.) If industry wide positive levels exceed more than one (1) percent for two
years running, the random alcohol testing rate will increase to fifty (50)
percent.
(iii.) If industry wide levels fall below one (1) percent positives for two years
running, the random alcohol rate will fall to ten (10) percent.
VII – TEST LEVELS
For the purposes of these regulations, any employee will be considered to have failed (with a
positive test result) any administered urine drug screen if, after analysis, test levels exceed the
established cut-off levels and show the use of a controlled substance included in Schedule I or II
as defined by §802(6) of Title 21 of the United States Code (Section §802(6) of Title 21, Food &
Drugs): the possession of which is unlawful under Chapter 13 of that title (§801 et seq. of Title 21).
The term illegal drug does not mean the use of a controlled substance pursuant to a valid
prescription of other uses authorized by law. Valid prescriptions used following the physician’s
instructions must be recorded and treated as negative test results.
IX – CONFIDENTIALITY
All actions taken by the City of Muskegon under the authority of these regulations will be taken to
insure the confidentiality of the employees.20 Information related to investigations, possible
employee violations, or drug or alcohol screening tests results will be made available only on a
strict “need-to-know” basis.
A. NEED-TO-KNOW: For the purposes of our regulations, “need to know” is limited to:
1. Auditors or Enforcement Officials of the U.S. Department of Transportation,
Department of Transportation, Motor Carrier Division of the Michigan State Police, or
2. The regulation administrator’s principal, Specialists Limited, or
3. The appropriate level of management of the Human Resources Department of the
City of Muskegon, the City Manager and appropriate department heads, or
4. The Medical Review Officer (MRO) responsible for interpreting the results of a urine
drug screen, or
5. The Substance Abuse Professional (SAP) responsible for learning the extent and
degree of addiction or dependence on alcohol and drug resulting from a positive
alcohol EBT.
B. CONFIDENTIAL DISCUSSIONS: All discussions with employees will be conducted as
privately as circumstances permit. The employee may exercise his rights under the terms
of the collective bargaining agreement to have his or her union representative present if
they so desire. The union representative is bound by the same rules of confidentiality as
those with a need-to-know as shown in Paragraph A., parts 1 through 7 (above).
19 §382.305 (g)
20 49 CFR, Part 382, Subpart D. §382.401
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ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
X – SUSPENSIONS
Any employee, support person, supervisor, or administrator who is sent for an illegal drug or
alcohol test, may be suspended immediately21 (with pay). However, once a test is positive, then
appropriate actions will be taken. Successful completion of a voluntary, supervised substance
abuse treatment or rehabilitation program will reduce the level of disciplinary action for first time
offenders.
A. POSITIVE TEST RESULTS: If, first positive test with rehabilitation, there will be no termination;
second positive within 18 months may terminate; second positive within 18 months may
terminate; second positive after 2 years, there will be no termination; third positive any
time, will constitute termination.
XI – EMPLOYEE ASSISTANCE
The City of Muskegon actively supports the Employee Assistance concept.22 This program openly
promotes the treatment of employees suffering from addiction or abuse problems. As a matter
of policy, we provide our employees, support personnel, supervisors and administrators with
information regularly. This information will include dangers of abuse, awareness, community and
professional efforts and community or private treatment availability. We cannot, however,
financially support an employee who voluntarily submits to treatment beyond the benefits
normally provided by virtue of our existing health care program, medical insurance or employee
assistance program.
A. SUBSTANCE ABUSE ASSESSMENTS: Employees testing positively for alcohol use following an
Evidential Breath Test will be afforded the opportunity to undergo an assessment by a
licensed and certified Substance Abuse Professional.23 The SAP will be trained at minimum
to the level of MSW (Masters of Social Work) and preferably be a Clinical Psychologist.
B. THE SUBSTANCE ABUSE PROFESSIONAL (SAP) may prescribe a treatment or rehabilitation
program for a positive tested employee following the initial assessment.
1. A positively tested employee refusing assessment may be terminated from continuing
employment.
2. A positively tested employee failing to complete the prescribed treatment plan may
be terminated from continuing employment
3. A positively tested employee testing positive following treatment may be terminated
from continuing employment.
4. Frequently, assessments to find an employee’s level of addiction or dependency is
covered by our existing health care benefit package and we encourage our
employees to seek out assistance whenever and wherever possible.
5. The Substance Abuse Professional may not refer the driver to the SAP’s private
practice.24
C. REFERRALS: All of our employees are urged to contact our EAP provider in cases where:
1. They wish to refer themselves for treatment, or
2. Treatment is recommended by their supervisor or official of the City of Muskegon, or
3. The employee’s drug or alcohol tests result in a positive indicator, or
4. They or members of their family show signs of needing assistance or through
intervention by family members.
21 49 CFR, Part 382, Subpart E
22 49 CFR, Part 382, Subpart F
23 49 CFR, Part 382, Subpart F, §382.605
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ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
D. EMPLOYEE ASSISTANCE PROVIDER:
Mercy WorkLife Services
125 E. Southern Ave.
Muskegon, MI 49442
Telephone (231) 726-3582
E. PAY DURING TREATMENT: Except where specifically authorized in our collective
bargaining agreement with the association or our existing benefit package, employees
may not collect pay, unless they have been authorized sick or vacation leave.
XII – RETURN TO WORK
The City of Muskegon will attempt to, where possible, return a recovering employee to work. A
recovering employee is one who is currently participating in, or has successfully completed a
supervised treatment or rehabilitation program. A return to work is not a guarantee of an
employee’s previous position or classification. Regulated employees who prove recovery may
be reinstated provided our insurance carrier will insure a driver in that capacity and the driver
can be licensed according to the state and federal law or regulation.
A. CONTROLLED SUBSTANCE RECOVERY TESTING: Employees recovering from a controlled
substance or addiction will submit to unannounced urine drug screens at least six times in
the first 12 months following the driver’s return to duty.25
B. ALCOHOL RECOVERY TESTING: Employees recovering from alcohol abuse or addiction
will submit to unannounced evidential breath tests at least six times within the first year
following return to work.26
C. REGULATION REQUIREMENTS: The preceding return to work and follow-up testing
requirements are regulated by the U.S. Department of Transportation, Federal Highway
Administration under 49 CFR, Part 382. These regulations specifically address coverage of
employees of local and state units of government, and drivers operating intrastate and
interstate.27
24 §382.605(e)
25 49 CFR, Part 382, Subpart F, §382.605(c)(2)(ii)
26 §382.605(c) (2)(ii)
27 Federal Register, Vol. 59, No. 31, February 15, 1994, p. 7486
Civil Service Commission Approved 5/11/2020
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