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

physician-patient relationship is created between an employee and Maruti or any person performing or evaluating a test, sole ly by the administration of a testing program. Maruti or its designee, shall have access to employee testing information. If disciplinary actions are brought under or are related to this policy, Maruti or its designee, as well as the lab.oratory which conducted the test, shall have access to the employee's testing information when consulting with legal counsel. Maruti, or its designee, and the laboratory which conducted the test shall also have access to the employee's drug testing information where the information is relevant to its defense in a civil or admin istrative matter. The employee is responsible for notifying the laboratory of any administrative or civil action related to Florida Workers ' Compensation drug testing bro ught pursuant to this policy under §440.101 , Florid a Statutes. Maruti shall comply with requests by state and federal agencies to prepare and submit required reports of alcohol and drug testing programs . Maruti may also release employee test results based on a written release signed by the employee whose test results are to be released . Section 16 - Voluntary Rehabilitation Pursuant to Maruti policy, an employee who has not undergone rehabilitation for a drug or alcohol abuse prob lem previously may voluntarily request a leave of absence of up to thirty (30) days without pay to seek re ha bil itation . Maruti will provide the name(s) of employee assistance programs and local drug and alcohol rehabilitation prog rams . If the employee has accrued sick leave, he may use sick leave during this period . Such a request will not jeopardize the emp loyee's continued emp loyment, prov ided he or she follows a formal , structured treatment plan and he or she strictly adheres to the terms of his rehabilitation program . Volu ntary requests for assistance wi ll not, however, prevent disciplinary action for Page 12 of 16 violation of Maruti policy, this po licy or other rules or po licies unrelated to the voluntary req uest. Before being allowed to return to work following vo luntary reh abil itation , the employee will be eva luated by a substance abuse professional under Section 20 of th is policy and given a drug an d/or alcoho l test. This test wi ll be under direct observation. The employee must also agree to a return-to-duty agreement as set forth in Sectio n 21 of this policy . If he or she is unable to pass the test, the employee will be terminated . If he or she is ab le to pass the test, as a cond ition of retu rn ing to work, the employee must consent to period ic random drug and alco hol testing , upon the demand of the Maruti , at any time without notice, during the following two (2) year period . Having had the benefit of rehabilitation , an employee found to be unable to pass a drug or alcohol test at any time in the future , (i. e., a second offense ) shall be discha rged immediately. Section 17 - Ma ruti's Right to Discipline This policy does not prevent Ma ruti from disciplining an employee for any violation of Maruti rules , policies , procedures or other provis ion of this policy that may occur regardless of whether it is in connection with alcohol and/or drug use or abuse. Sect ion 18 - Change in Statutes or Regulations If there are changes in Florida Statutes , §§ 440.101,440.102 or FTA rules at 49 C.FR Parts 40 and 655 , or reg ulations or statutes which have an effect on all or part of this policy, the applica ble statute or regulations as amended sha ll apply to this po licy . Section 19 - Addit ional Req uireme nts 1. No employee shall perfo rm safety-sens itive fun ctions w ithin eig ht (8 ) hours after using alco hol , or during hours he or she may be on call. 2. Pursua nt to this po licy and the Florida Workers' Compensation Drug Free Workp lace Program , as soon as practicable following an accident while on duty, employees shall be tested for alco hol and dru gs if th e accident invo lves the loss of human life, if either the employee or other individ uals involved received immediate med ica l treatment away from the scene of the accident, This would be a Non DOT Test. An employee who is subject to post accident testing sha ll remain readily ava ilable for such testing or may be deemed to have refused to subm it to testing. 3. No employee required to take a post-accident alcohol test shall use alcohol for eight (8) hours following the accident or until he undergoes a post-accident alcohol test, whichever occurs first. An employee who does not comply with this section will be deemed to have refused to submit to testing. Section 20 - Refusal to Comply 1. It is understood that any safety-sensitive employee (pursuant t o FTA regulations) or any other emp loyee (pursuant to this policy and the Florida W orkers' Compensation Drug Free Workplace Prog ram) who refuses to comply with a request for drug and/or alcohol testing , who fails to remain until the testing process is complete, who fails to provide a sufficient specimen with no medical explanation , who fails to undergo a medical evaluation as required by a medical review officer, who provides false information in connection with a test, who attempts to falsify test results through tampering, contamination , adulteration, or substitution shall be removed from duty immediately. Page 13 of 16 An employee will also be considered to have refused a drug test if the employee refuses to permit the observation or Fails to follow the observers instructions to raise your clothing above the waist, lower clothing and underpants and turn around to observer to determine if you have any type of prosthetic or other c;levice that could be used to interfere with the collection process, Possess any device that could be use to interfere with the collection process, admit to the collector or MRO that you adulterated or substituted the specimen. Monitoring of the provision or the samples or refuses or fails to take a second test when requested. Verbal or written refusal to sign Step 2 in the required alcohol test forms pursuant to FTA regulations is considered a refusal and will result in a positive alcohol test. If a sample is collected but the employee refuses to sign the applicable signature block, that is not a test refusal. The collector must note on the CCF or ATF that the employee requested to sign but declined. Failure to arrive at all or in a timely manner is considered a refusal under this and FT A regulations and will be treated as a positive drug or alcohol test. Likewise, any refusal to take a required drug or alcohol test, as set forth above, will be treated as a positive test. Any employee refusing to take a drug and or alcohol test will be terminated. 2. All employees are encouraged to make use of available resources for treatment of alcohol and drug abuse. Under certain circumstances employees may be required to undergo treatment for drug and/or alcohol abuse . Any employee who refuses or fails to comply with Maruti requirements for treatment will be terminated . Section 21 - Return-to-Duty Agreements Pursuant to Maruti policy, employees, including those , but not limited to , performing safety- sensitive functions who may re-enter the workforce after voluntary rehabilitation for drug or alcohol, must agree to a return to duty agreement. That agreement mu st include the following: 1. A release to work statement from an approved substan ce abuse professional. 2. A verified negative test for drugs and/or alcohol. 3. An agreement to at least six (6) unannounced follow-up tests during the first twelve month period of return to safety-sensitive duty and during tbe forty-eight (48) months of safety-sensitive duty following the first twelve month period as recommended by the SAP. In addition the agreement may include (but is not limited to) : 1. A statement of expected work-related behaviors . 2. An agreement to follow specified after-care requirements with the understanding that violation of the re-entry contract is immediate grounds for termination . Section 22 - Employee Training 1. Safety-sensitive employees will receive at least sixty (60) minutes of training on the effects and consequences of prohibited drug use and Sixty (60) minutes of training on the effects of alcohol use on personal health, safety, and the work environment and on the signs and symptoms which may indicate prohibited drug use and alcohol abuse. Page14of16 2. Maruti supervisors who may determine whether reasonable suspicion exists to require an employee to undergo drug or alcohol testing pursuant to FTA regulations will receive at least sixty (60) minutes of training on the physical, behavioral , speech and performance indicators of probable alcohol and drug misuse and at least sixty (60) minutes of training on the effects and consequences of prohibited drug use and of alcohol use on personal health , safety, and the work environment and on the signs and symptoms which may indicated prohibited drug use and alcohol abuse. Section 23 - Contact If an employee has questions concerning the Maruti Drug and Alcohol Testing Policy, they may contact the Drug and Alcohol Program Coordinator or designee at (407) 412-5613 . Drug and Alcohol Prog ra m Manager or DeSignated Em ployer Representative Name: Address: Phone: E-mai l: Alternate Name: Address: Phone: E-mail: MRO: Medical Doctor Name: Address: Phone: Substance Abuse Professional Name: Address: Phone: National Hot-Line Numbers and Help Lines: 1-800-COCAI NE The American CouAcii on Alcoholism Help Line 1-800-527-5344 The Nationa l Institute on Drug Abuse Hot Line 1-800-662 HELP Alcoholics Anonymous 212-686-1100 Drug-Free Workplace Program contained in the Workers' Compensation Act, Florida Statutes §440 .101 and §440 .102, the regulations adopted pursuant to the statute, the Drug-Free Page150f16 Workplace Act, 4 1 U.S.C. §702 , and the Omnibus Transportation Employee Testing Act of 1991 (Pub. L. 102-143, Title V), regulations of the Federal Transit Administration ("FTA") contained in 49 C.F.R. Parts 40 and 655 in accordance with Chapter 341.061 , Florida Statutes for Public Transportation and Florida Adm inistrative Code (FAC.) 14-90. It is the responsibility of all Maruti employees to know and understand the terms as set forth in this policy. Questions , clarifications and interpretations of the terms and conditions set forth in this policy are to be directed to the Drug and Alcohol Program Coordinator or designee. Approved : 1/15/2014 Sig nature Date Eduardo Carrion, Vice President Maruti Fleet and Management, LLC . Page 16 of 16 Exhibit 5 - Training Program 73  Timeline of 96 Hour Operator Qualification Train ing Week 1 DAY (1) ONE OF TRAINING - Classroom 1. Welcome Welcome the Trainee's to the training sessions Discuss expectations and requirements Class participation Att ention Courtesy towa rd othe rs Telephone Number to Contact Staff Wa lk t hrough t he Fac ility Meet the Staff Members 2. The TAPTeO Operator Study Guide Welcome To You r New Career Introd uctio n t o Professiona l Dri ving Federal Regu lations Haza rd s Commu nication CONCLU SION OF DAY ONE (1) START OF DAY