TO: AC Transit Board of Directors
FROM: Michael A. Hursh, General Manager
SUBJECT: Amendments to Board Policy 522 - Alcohol and Substance Abuse Policy
ACTION ITEM
RECOMMENDED ACTION(S):
Title
Consider the adoption of Resolution No. 21-045 approving amendments to Board Policy No. 200 - Alcohol and Substance Abuse Policy.
Body
STRATEGIC IMPORTANCE:
Goal - Safe and Secure Operations
Initiative - Employee Recruitment, Training and Retention
Following the Federal Transit Administration (FTA) Triennial Review, minor amendments to the District's Alcohol and Substance Abuse Policy were required. These were reviewed and approved by Union leadership and are ready for adoption by the Board.
BUDGETARY/FISCAL IMPACT:
If the policy changes are not approved, the FTA could withhold the District's funding.
BACKGROUND/RATIONALE:
The FTA conducted an audit of the District's Alcohol Substance Abuse Program as part of the Triennial Review in March of 2021. During the Triennial Review, the FTA auditor conducted a thorough review of the District's Board Policy on Alcohol and Substance Abuse. As a result, the FTA auditor verbally instructed staff to make minor revisions to the verbiage describing prohibited substances and removing the Department of Transportation's biennial drug testing from the policy. During the AC Transit Triennial Review Exit Conference, the auditors reported no findings and did not provide a corrective action deadline to make amendments to the policy.
After the Triennial Review, the Alcohol/Substance Abuse Joint Labor Management Subcommittee (a Joint Labor Management Council between ATU Local 192, IBEW Local 1245, AFSCME Local 3916 and the District) convened for the purpose of modifying the policy in accordance with 49 CFR Parts 40 and 655. During Subcommittee meetings, there was also discussion about reopening the entire policy for negotiation of additional modifications requested by staff. The Unions did not agree to reopen the entire polic...
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