Post-Accident a. The City may require a covered employee who was involved in an event that meets any of the following criteria to submit to drug and/or alcohol testing:
(1.) Fatality;
(2.) Employee involved in an on duty vehicular accident resulting in death and/or injury requiring transport for medical treatment;
(3.) Disabling damage to vehicles;
(4.) Damage to machinery, moving parts, or other non-vehicular equipment or structures in excess of $500.00 and
(5.) When reasonable cause/suspicion exists.
b. Following an accident, all covered employees subject to testing shall remain readily available for testing. An employee may be deemed to have refused to submit to substance abuse testing if the employee fails to remain readily available, including notifying a supervisor (or designee) of the accident location or if the employee leaves the scene of the accident prior to submitting for testing.
c. Nothing in this section shall delay medical attention for the injured following an accident or prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
Post-Accident a. The SFMTA may require a Covered Employee who caused or may have caused, an Accident, based on information known at the time by the department employing the employees, to submit to drug and/or alcohol testing:
b. Following an Accident, all Covered Employees subject to testing shall remain readily available for testing. A Covered Employee may be deemed to have refused to submit to substance abuse testing if the employee fails to remain readily available, including failure to notifying a supervisor (or designee) of the Accident location or leaving the scene of the Accident prior to submitting to testing.
c. Nothing in this section shall delay medical attention for the injured following an accident or prohibit an employee from leaving the scene of an Accident for the period necessary to obtain assistance in responding to the Accident or to obtain necessary emergency medical care.
d. If the City requires an employee to be tested Post-Accident, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewards. If the employee requests representation, the SFMTA may allow a reasonable amount of time (a maximum of one hour) for the employee to obtain representation provided that the union representative meet the employee at the Accident site, work location or testing center as determined by the SFMTA. Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee will be tested.
e. As soon as reasonably possible after the occurrence of an Accident, the supervisor or other SFMTA representative at the Accident site shall make best efforts to contact the SFMTA Department of Human Resources (SFMTA DHR), and SFMTA DHR shall then make best efforts to telephone the union(s) designated representative on file with SFMTA DHR representing the Covered Employee(s) involved in the Accident. If the designated representative does not answer, SFMTA DHR shall leave a voice mail message notifying the union of the Accident. For purposes of this paragraph, a designated representative shall be any union officer or employee whose telephone number is on file with SFMTA DHR for the purpose of Accident review. The union may change the designated representative, in writing, as necessary from time to time, but it is the sole responsibility of the union to ensure that a current telephone number (with voice mail capability) for a designated repr...
Post-Accident. An Employee driving on duty who is involved in a vehicular accident, or an employee driving a city vehicle whether on or off duty, shall be tested for drugs and alcohol as soon as practical following the accident if any of the following occurs:
i. The accident involves the loss of human life or bodily injury to any person who, as a result of the injury, receives emergency medical treatment away from the scene of the accident; or
ii. The driver receives a citation under state or local law for a moving traffic violation arising from the accident or;
iii. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be towed away from the scene;
iv. The accident causes damage to property other than a motor vehicle and the investigating supervisor reasonably believes that the property damage is of an amount greater than $5,000.00 Notwithstanding the above, when the investigating supervisor determines immediately after the accident that the accident was not caused by negligence on the part of the employee, (e.g. the employee is stopped and gets rear-ended by another driver), the employee will not be required to submit to post-accident testing.
Post-Accident a. The City may require a covered employee who was involved in an event that meets any of the following criteria to submit to drug and/or alcohol testing:
Post-Accident. Drivers will be tested for alcohol and controlled substances as soon as practicable following as accident if the accident involved the loss of human life or if the driver receives a citation under state or local law for a moving violation arising from the accident.
Post-Accident. Members shall be subject to a drug and alcohol test when involved in an accident for which there is a reasonable belief that drugs or alcohol contributed to the accident.
Post-Accident. An employee involved in an accident while on duty may be required to undergo a drug and alcohol test when there is:
a. Property damage, and/or
b. Personal injury For the purposes of this Article, an accident is an unplanned happening involving an officer, while in the performance of duty, where no other factors contribute significantly to the resulting injury or damage. An accident is not an incident or series of incidents where mechanical failure, equipment failure, terrain, environment, weather, or other natural phenomenon significantly contributes to the unplanned happening. An accident is not a physical altercation between an officer and a suspect. An officer’s actions or negligence must be the conclusive and primary reason for the reported injury or damage.
Post-Accident. A traffic accident is defined as an incident involving a motor vehicle which results in death or serious bodily injury or in which there is a citation issued to the City employee, or from which a vehicle is towed from the scene, or in which someone is medically treated away from the scene and which occurs in the performance of his/her duties. As soon as practicable after an accident, alcohol and drug tests shall be administered to every surviving employee who receives a moving citation or whose operation of the vehicle cannot be ruled out by the supervisor as a contributing factor. The following will apply for all affected employees resulting from accidents, incidents or related occurrences:
Post-Accident. An employee involved in an accident while on duty may be required to undergo a drug and alcohol test when there is:
a. Property damage that exceeds $500, and/or
b. Personal injury
Post-Accident. As soon as possible following an accident involving a Department vehicle, a post-accident drug and alcohol test shall be conducted under the following circumstances:
1) For all accidents involving the driver/employee that results in a fatality; or
2) If there is no fatality and if the driver/employee receives a citation for a moving traffic violation and either the accident involves bodily injury to a person who as a result of the accident immediately receives medical treatment away from the scene of the accident, or, one or more motor vehicles incur disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle. For accidents where there is no fatality, no citation issued, or a citation is issued but no medical attention is required away from the scene and/or no vehicle must be removed from the scene by a tow truck, no post-accident testing shall be conducted. If a post-accident alcohol test is not conducted within two hours following the accident, the Village shall prepare and maintain on file a record stating why the alcohol test was not promptly administered. If the alcohol test is not conducted within eight hours following the accident, the Village shall cease all attempts to complete the alcohol test and shall prepare and maintain a record stating why the alcohol test was not promptly administered. If a post-accident drug test is not conducted within 32 hours following the accident, the Village shall cease all attempts to conduct the drug test and prepare and maintain on file a record stating why the drug test was not promptly administered. An employee who is subject to post-accident testing shall remain readily available for such testing or it may be deemed by the Village as a refusal to test. Nothing in this Section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary medical care. Drug and/or breath or blood alcohol tests conducted by federal, state, or local officials, having independent authority for the test, shall be considered to meet the post-accident testing requirements, provided such testing conforms to the applicable federal, state, or local drug and/or alcohol testing requirements and that the results are obtained by the Village...
