Broward County Commission Regular Meeting
Director's Name: Coree Cuff Lonergan
Department: Transportation
Information
Requested Action
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MOTION TO ADOPT Resolution of the Board of County Commissioners of Broward County, Florida, approving the Transportation Department’s Drug and Alcohol Testing Policy and Procedures.
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Why Action is Necessary
Title 49 CFR Part 655, outlines the United States Department of Transportation (USDOT), Federal Transit Administration’s (FTA) Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, and requires the local governing board of the transit operator to establish an anti-drug use and alcohol misuse program, and to adopt a policy statement describing the employer's policy on prohibited drug use and alcohol misuse in the workplace.
What Action Accomplishes
Adopts the Transportation Department's revised drug and alcohol testing program policy to reflect organizational changes and minor technical updates to comply with the FTA drug and alcohol testing regulations.
Goal Related Icon(s)
☐County Commission
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Previous Action Taken
October 1, 2013, Item No. 8
January 25, 2022, Item No. 9
May 2, 2023, Item No. 11
Summary Explanation/Background
THE TRANSPORTATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.
The Broward County Transportation Department (BCT) has revised its Drug and Alcohol Testing Policy and Procedures, previously approved by the Board of County Commissioners (Board) on May 2, 2023, Item No. 11, to reflect organization changes and minor technical updates to comply with the U.S. Department of Transportation's (USDOT) Federal Transit Administration (FTA) regulations. FTA requires the Board, as the public transportation operator’s governing body, to approve BCT’s revised Drug and Alcohol Testing Policy and Procedures.
The FTA regulates compliance with the drug and alcohol testing program rules and procedures for transportation workers as outlined in Chapter 49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations. Among other things, these regulations mandate drug and alcohol testing for safety-sensitive positions and prohibit performance of safety sensitive functions when there is a positive test result. Chapter 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, sets standards for the collection and testing of urine and breath specimens.
As a condition of financial assistance from the FTA under 49 U.S.C. Sections 5307, 5309, or 5311, all FTA grantees, and their subrecipients, contractors, subcontractors, and lessees, receiving federal financial assistance are required to have a drug and alcohol testing program, designed to help prevent accidents, injuries, and fatalities resulting from the misuse of alcohol and use of prohibited drugs by employees who perform safety-sensitive functions. Broward County through BCT is a recipient of FTA grant funds and must comply with these regulations related to anti-drug use and alcohol misuse programs (Section 655.11 of 49 CFR Part 655).
The resolution (Exhibit 1) approves BCT’s updated Drug and Alcohol Testing Policies and Procedures. The collective bargaining units (i.e., Amalgamated Transit Union Local 1267 and the Government Supervisors Association of Florida, Local 100) representing BCT’s safety-sensitive employees were given an opportunity to review BCT's revised Drug and Alcohol Testing Policy and Procedures and have either accepted the revisions or declined to provide comments.
Source of Additional Information
Coree Cuff Lonergan, Director, Transportation Department (954) 357-8361
Fiscal Impact
Fiscal Impact/Cost Summary
None.