Okaloosa County BOCC — August 18, 2015 — Exhibit B - Proposal — reading text

policy shall be distributed to all employees and applicable vendo rs in safety-sensitive positions . Adherence to th is policy and its provisions are a condition of employment in a safety sensitive position ; per 49 CFR Part 655. Safety-Sensitive Employees and Applicants for Safety-Sensitive Positions covered by th is Policy include those who: 1. Operate a revenue service vehicle, including when not in revenue service 2. Operate a non-revenue service vehicle when such is required to be operated by a holder of a commercial driver'S license 3. Co ntrol the movement/dispatch of a revenue service vehicle 4 . Perform maintena nce on a revenue service vehicle or eq uipment used in revenue service 5. Carry a firearm for security purposes 6. May perform any of the above safety sensitive fu nctions in a supervisory, management or training role. This policy is applicable to the following positions within Maruti Fleet This policy applies to all Maruti employees who perform safety-sensitive functions. Safety- sensitive functions are classified as functions pertaining to the operation of, contro llin g the dispatch and maintenance of any revenue vehicle as well as ca rrying a firearm for security purposes. A safety-sensitive function is also described as operation of a non-revenue vehicle when the operator of that vehicle is required by law to have a commercia l driver's license (C OL). The Maruti positions which are safety-sensitive include, but are not limited to , dispatchers, trainers , quality control specia list, supervisors and managers who perform safety-sensitive duties. The Florida Wo rkers' Compensation Drug Free Workplace Program and testing pursuant to Section 440.101, Florida Statutes, sha ll apply to all Maruti employees whether or not they are performing safety-sensitive functions under FTA regulations . Section 6 - Prohibited Conduct Pursuant to the federal Drug Free Workplace Act, 41 U.S.C. §702 , the use , possession , sa le, solicitation, tra nsfer of illegal drugs or oth er illegal substances , or an attempt to perform the forego ing actions at any time , is strictly prohibited . Pursuant to the Florida Workers Compensation Act, §440.102 and this Policy , the term "drugs" includes, but will not be limited to, alcohol , amphetamines, cannabinoids , cocaine , phencyclidine (PCP), hallucinogens, methaqualone, opiates , benzodiazepines , synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein . For FTA regulations the Page 5 of 16 term "drugs" are defined as marijuana , cocaine, opiates , amphetam ines , and phencyclidine. The term "alco hol" as defined by FTA reg ulations as the intoxicating age nt in beverage alcohol, ethyl alcohol, medications contain ing alcohol, and other low molecular we ight alcohols including methyl and isopropyl alcohol. In add ition , pursuant to this policy , the term "drugs" used herein sha ll include the use of any illegal substance as wel l as the misuse or abuse of alcohol or prescribed drugs. Section 7 - Testing Maruti may require all employees to be tested for alco hol or drug use as defin ed in Sectio n 8. "Drug test" or "test" means any chemical, biolog ical or physical instrument analysis administered by a laboratory certified by the U. S. Department of Health and Human Services for the purpose of determining the presence or absence of alcohol , a drug or its metabolites, or other illegal substances. For FTA mandated testing , such tests will be performed to the procedures set forth in 49 C.F.R. Part 40 . For the Florida Wo rkers' Compe nsation Act testin g and testing under Maruti po licy, such testing may also include testing on other products of the human body capable of revealing the presence of alcohol, drugs, or their metabolites , as approved by the United States Food and Drug Admin istration, the Agency for Hea lth Care Administration , or other applica ble agency. Blood alcohol testing may be used only for Florida Workers' Compensation testing. Except as provided below, collection of specimens will be done under medica l supervision at the company's direction . Centra Care is the U.S. Department of Health and Human Se rvices ce rtified laborat ory that conducts Maruti 's drug and alcohol testing . Section 8 - Procedure for Testing The decision to conduct t esti ng as defined in Sect ion 8 sha ll be made by the applicable Terminal Managers, or t heir designees , without any othe r prior notice to the employee. Employees may be tested for drugs and alcohol at any time while on duty. Scheduling for any testing or examinat ion will be d uring duty hours at the disc retio n of the company, and the results will become part of the employee's permanent medical record. If the employee refuses to cooperate with the testing , including refusal to s ubmit to the test at the time ordered , failure to provide an adequate specimen for testir'lg without a valid medical explanation afte r receiving notice of the requirement for testing , refusal to complete any required forms, or engaging in conduct that clearly obstructs the testing process , the employee will be immediately removed from their duties and terminated . Such refu sal will also resu lt in forfeiture of eligibility for Wo rkers' Compensation medical and indemnity benefits in accordance with §440.102, Fl orida Statutes. Section 9 - Types of Testing Pre-employment Testing Pursuant to FTA regulations , all applicants for positions with safety-sensitive functions shall undergo urine drug testing before being hired in a safety-sensitive position. Employees transferring to safety-sensitive positions shall undergo urine drug testing prior to being placed in any such position. Receipt by Maruti of verified negative drug test results is required prior to placement of an applicant on the payroll in a safety-sensitive position. Receipt by Maruti of verified negative test results of both drug and alcohol tests are required prior to placement of an employee by transfer Page 6 of 16 on the payroll in a safety-sensitive position. When a covered employee or applicant has previously failed or refused a pre- employment drug test administered pursuant to FTA regulations , the employee or applicant must provide Maruti proof of having successfully completed a referral, evaluation and treatment plan as set forth in Section 12 of this policy. Pursuant to FTA regulations, any employee who has not performed safety-sensitive work for 90 consecutive days or more regardless of the reason and has not been in the random testing pool during this time shall undergo a pre-employment drug test before being permitted to return to safety-sensitive work . The test result must be verified as negative. Pursuant to FTA regulations , if a pre -employment or pre-transfer test is canceled , Maruti requires that the applicant or the employee take another pre-employment or pre-transfer drug test administered under FTA regulations with a verified negative result. Pursuant to this policy and Florida 's Workers' Compensation Drug Free Wo rkp lace Program , all applicants for employment at Maruti must undergo drug testing prior to commencing employment in accordance with Florida Statutes §440 .102 . Reasonable Suspicion Testing a. Pursuant to FTA regulations, a safety-sensitive employee must submit to a reasonab le suspicion test when a supervisor or manager has reason to believe the employee has used prohibited drugs or misused alcohol. Pu rsuant to Maruti policy and Florida Statutes, §440 .102, all emp loyees are subject to drug and alcohol testing whe n Maruti has reason to believe that the employee has used drugs or misused alcoho l in accordance with this policy. b. For purposes of this section, " reasonable suspicion" drug testing means drug testing based on an employer's determination that reasonable suspicion exists based on spec ific, contemporaneous and observations concerning the appearance, behavior, speech, or body odors of the cover employee. Observable phenomena while at work, such as direct observation of alcohol or drug use or of the physical symptoms or manifestations of being under the influence of alcohol or a drug. i. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. ii. A report of alcohol or drug use, provid ed by a reliable and credib le so urce . (Not FTA mandated , but pursuant to Maruti policy) iii . Evidence that an individual has tam pered with an alcohol or drug test during his employment is a MRO ca ll iv. Informa tion th at an employee has caused , co ntributed to , or ha s been involved in an accident while at wo rk. (Per Maruti policy and Florida 's Workers' Compensation law) (For FTA , see post accident testing below.) v. Evidence that an employee has used , possessed , so ld, solicited , or transferred drugs or attempted to use, possess , sell, or transfer drugs. (Per Maruti policy) Page 7 of 16  c. Whe n an employee re turns from an unscheduled absence from wo rk of two (2) or more consecutive days, which the manage r has reason to believe was caused by the use of il licit substances d. The basis for "reasonable suspicio n" shall be documented by the termin al manager Post Accident Testing Post accident testing is mandatory for all Maruti employees. Pursuant to FTA regulations , as soon as practicable following an accident involving a vehicle operated by the Maruti employee on the vehicle and all other covered employees whose performance could have contributed to the accident shall be tested for alcohol and drugs : 1) if the acc ident involves the loss of human life; 2) if eithe r the operator or the passenger(s) received immediate medical treatment away from the scene of the accident; or 3) if one of the vehicles involved was to be towed from the scene of the accident due to operatio nal impairment. After non-fatal acc idents, all cove red employees operating the Ma ruti vehicle and all ot her covered employees whose performance coul d have contributed to the accident must be tested unless their performance ca n be completely discounted as a contributi ng factor based on the best available inform ation to Maruti at the ti me of the decision. Pursuant to Maruti policy and Florida Workers' Compensation testin g, a employee may also be tested if the driver receives a citation for a mov ing traffi c violation arising from the accid ent. FTA's post accident requirements take precedence ove r Maruti policy . Pu rsua nt to FTA reg ulations, an employee involved in an accident as discussed above shall be tested for drugs as soon as practicable and with in t hirty-two (32) hours after the accident. An em ployee involved in an accident as discussed above shall be tested fo r alcohol within two (2) hours after the acc ident. If a test for alcohol is not adm inistered within two (2) hours of the acc ident, Maruti must prepa re and mai ntain on fi le a record as to why the test was not completed. Attempts mu st be continued to obta in a spec imen. If no specimen is obtained within eight (8) ho urs, attempt s to obtain it shall cease and the two (2) hours written report shall be updated. No employee involved in an accident may cons ume any alcohol for a period of eight (8) hours after the acc ident or until tested fo r alcohol, whichever occurs first. Safety-sensitive employees subject to post-accident testing who fail to remain available for such testing , including notifying Maruti or its representatives of his or her location if he or she leaves the scene of the accident prior to submission to such test, may be deemed by Maruti to have refused testing . However, accident testing will be postponed while