08-30-11 Wrecker Committee Meeting and Public Hearing

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Towing Administrative Rules (3) Consent Form. (A) Before a drug or alcohol test is administered, towing operators and applicants are required to sign a consent form authorizing the test and permitting release of test results to the medical review officer (MRO), the company, and the department. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the drug and alcohol testing policy. (B) The consent form shall set forth the following information: (i) the procedure for confirming and verifying an initial positive test result; (ii) the consequences of a verified positive test result; and (iii) the consequences of refusing to undergo a drug or alcohol test. Page 13 of 16 (C) The consent form also provides authorization for certified or licensed attending medical personnel to take and have analyzed appropriate specimens to determine if the tested drugs were present in the towing operator's or appflcanl's system, (4) Compliance with Drug and Alcohol Testing Policy. The failure or refusal by a towing operator or applicant to cooperate fully by signing necessary consent forms or other required documents or the failure or refusal to submit to any test or any procedure under this policy in a timely manner will be grounds for refusal to hire or for termination. The submission by an applicant or employee of a urine sample that is not his /her own or is a diluted specimen shall be grounds for refusal to hire or for termination. (5) General Rules This drug and alcohol testing policy is governed by these general rules: (A) towing operators shall not take or be under the influence of any drugs unless prescribed by the employee's licensed physician. (B) taming operators are prohibited from engaging in the manufacture„ sale, distribution, use, or unauthorized possession of Illegal drugs at any time. (C) All towing company property is subject to inspection at any time without notice. There should be no expectation of privacy in or on such property, Towing company properly includes, but is not limited to, vehicles, desks, containers, files, and lockers. (D) Any towing operator convicted of violating a criminal drug or alcohol statute shall inform hislher supervisor of such conviction (including pleas of guilty and polo contendere) within five days of the conviction occurring. failure to inform the supervisor subjects the employee to disciplinary action up to anti including termination for the first offense, The towing company will notify the Texas Department of Licensing and Regulation of the conviction (including pleas of guilty and nolo contendere). (6) Types of Tests (A) Pre - employment. All applicants for positions requiring a towing operator's license, who have received a conditional offer of employment, must take a drug test before receiving a final offer of employment. (6) Annual. All towing operators employed by a towing company must complete at least one scheduled drug test each 12- month period from the date of the initial license or renewal. (C) Random Testing. In addition to annual testing, towing operators are subject to random urine drug and alcohol testing. Under this policy, annual random test for drugs and alcohol of at least 25 percent of the total number of towing operators is required. (i) A minimum of 15 minutes and a maximum of two hours will be allowed between notification of a towing operator for random urine drug and alcohol testing and the actual presentation for specimen collection. (ii) Random donor selection dates will be unannounced with unpredictable frequency. (D) Return -to -Duly and follow-up. (i) Any towing operator who has violated this drug and alcohol testing policy and is allowed to return to work must submit to a retum -to -duty test. follow -up tests will be unannounced, and at least six tests will be conducted in the first 12 months after a towing operator returns to duty. follow-up testing may be extended for up to 68 months following return to duty. The test results of all return to duty and follow-up must be negative. (6) The towing operator will be required 10 pay for his or her return-to -dusty and follow-up tests accordingly. (7) Drug Testing. The drugs for which tests are required under this policy are marijuana, cocaine, amphetamines, phencyclidina (PCP), and opiates. (8) Specimen Collection Procedures. (A) All urine specimens will be collected by a laboratory that is cortified and monitored by the federal Department of Health and Human Services. (B) Drug and alcohol testing procedures Include split specimen procedures. Each urine specimen is subdivided into Nvo bottles labeled as a "primary" and a "split' specimen. Only the primary specimen is opened and used for the urinalysis. The split specimen bottle remains sealed and is stored at the laboratory. (C) If the analysis of the primary spocimen confirms the presence of drugs or alcohol, the touring operator has 72 hours to request sending the split specimen to another Federal Department of Health and Human Services (DHHS) certified laboratory for analysis. The towing operator will be required to pay for his or her split specimen test(s). (D) For the towing operators protection, the results of the analysis will be confidential except for the testing laboratory. After the MRO has evaluated a positive test result, the towing operator will be notified, and the MRO will notify the company. (E) The towing company will notify the department of the positive test result. Notification to the department must occur within 3 days of receipt of the confirmed test results from the MRO. The notification must include the: (I) tom operator's name; littp:H les.iitn 6/21 /20 11