Agenda Packet 12 17 15
Cape Fear Public Transportation Authority
A regularly scheduled meeting of the Cape Fear Public Transportation Authority will be held Thursday,
December 17, 2015 at 12:00 pm in the Wave Transit Board Room at Forden Station, 505 Cando St.,
Wilmington, NC 28405. An agenda for the meeting is presented below.
MEETING AGENDA
1)Call to Order
2)Moment of silence
3)Pledge of Allegiance
4)New employee recognition
5)Public Comment Period 10 minutes
6)Consent agenda 05 minutes
1.Approval of minutes from the November 19, 2015 meeting (p. 3)
2.Adoption of 2016 Meeting Schedule (p. 9)
3.Drug & Alcohol Policy/Program update (p. 10)
7)Rural Operating Assistance Program (ROAP) Presentation 15 minutes
8)Committee Reports 20 minutes
Executive Committee, Mr. Jeff Petroff, Chairman
Planning & Operations Committee, Mr. Andrew Koeppel, Chairman
November 2015 Operating & Statistical reports (p. 38)
Finance & Budget Committee, Mr. William Bryden, Chairman
November 2015 Financial Statement (p. 41)
Facilities Committee, Mr. Jeff Petroff, Chairman
9)Staff report 15 minutes
Legislative update
10)Contractor report 10 minutes
11)New business 05 minutes
12)Old business 05 minutes
13)Adjournment
Authority offices will be closed on Thursday, December 24, 2015 and Friday, December 25, 2015 in
observance of Christmas. No bus service will be provided on Friday, December 25, 2015. Authority
offices will be closed and no bus service will be provided on Friday, January 01, 2016 in observance of
the New Year.
The next regular meeting of Cape Fear Public Transportation Authority is scheduled for Thursday,
January 28, 2016 in the Forden Station Board Room located at 505 Cando Street, Wilmington, NC
28405.
CFPTA Agenda Packet 12/17/20151
CONSENT AGENDA
The following items are attached for consideration. A brief explanation and recommendation
follows:
1)Approval of minutes from the November 19, 2015 meeting (p. 3)
2) Adoption of 2016 meeting schedule (p. )
The proposed meeting schedule is included for consideration. The schedule was drafted to
continue the current practice of monthly meetings on the fourth Thursday of each month at noon,
with the exception of November and December where the meeting is advanced one week due to
the holidays.
3) Drug & Alcohol Policy/Program update (p.
Attached for consideration is an updated Revision 005 to the Cape Fear Public Transportation
Authority Drug & Alcohol Policy/Program. The revisions to the policy are as follows:
Expanded list of prohibited substances tested for under DOT regulations
Defines treatment of a verified alcohol test between 0.02 to 0.039 as positive, resulting in
immediate termination
Addition of language specifying that consequences for positive test, or test refusal under 49 CFP
Part 40.149 C are not subject to arbitration
Release of Testing Records and Results italicized, to indicate this is in addition to DOT
regulations, as outlined in section 2.2
Expanded explanation of post-accident testing for increased clarity
Contact information updated due to staffing changes
Expanded Urine Specimen Procedures Description
Observed Collection guidelines moved from appendix E
Expanded Breath Testing Procedures
Addition of extensive definitions glossary
In addition to the content changes listed above, many formatting changes were incorporated to
improve policy readability, and content was moved to other sections to improve flow
The changes will ensure continued compliance with state and federal drug and alcohol testing
requirements. Adoption of the revised policy/program is recommended.
CFPTA Agenda Packet 12/17/20152
Cape Fear Public Transportation Authority
MINUTES OF THE
CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY
November 19, 2015
Jeff Petroff, Chairman, Presiding
MEMBERS PRESENT
Mr.Jeff Petroff, Chairman
Mr.Kevin O’Grady, Vice-Chairman
Mr.Don Betz, Secretary
Mr. Jonathan Barfield
Mr.Bill Bryden
Mr.Fred Gainey
Mr.Steven Kelly
Mr.Andy Koeppel
Mr.Rick Richards
Ms.Anne K. Ryan
MEMBERS ABSENT
Mr. Beck Smith
STAFF PRESENT
Mr.Albert Eby, Executive Director
Ms.Megan Matheny, Director of Planning& Development
Mr.Joe Mininni, Director of Finance & Administration
Mr.Michael Williams, Director of Operations
Ms.Kathy Williams, Board & Customer Service Clerk
CONTRACT MANAGEMENT STAFF PRESENT
Ms. NoelFox,Craige and Fox PLLC,Attorney
Mr.Curtis Garner, General Manager, First Transit
Mr.Bill Harned, Area Vice President, First Transit
Ms.Heather Mercer, Assistant General Manager, First Transit
GUESTS PRESENT
Ms.Deborah Andrews, Citizen
Mr.Terrance Dewberry, ATU Raleigh
Ms. Sabrina Dionne, disAbility Resource Center
Mr.Chris Dodson, NHC Senior Resource Center
Ms.Gloria Garton, disAbilityResource Center
Mr. Kwame’ Johnson, First Transit Operator
Ms.Jackie McCullough, First Transit Operator
Mr.Gerald Marney, First Transit Operator
Ms.Avril Pinder, New Hanover County
Ms.Suraiya Rashid, WMPO
Ms.Yzone Riley, First Transit Operator
Ms.Patricia Robinson, First Transit Operator
Ms.Amber Smith, New Hanover County
Mr.Ralph Smith, Karz Transportation
CALL TO ORDER
CFPTA Agenda Packet 12/17/20153
Mr. Petroffcalled the meeting to order at 12:04 pm
The meeting began with a moment of silence followed by reciting the Pledge of Allegiance
PUBLIC COMMENT
Mr. Petroff opened the public comment period
Mr. Petroff indicated the public comment period is a time for the public to bring comments to the
board
The comment period is not intended to serve as a dialogue between speakers and the Authority
Ms. Andrews stated her son, Brandon Sawyers, works at Walmart in Porters Neckand has used
the Elderly and Disabled Transportation Assistance Program (EDTAP) on daily basis for over ten
years
Ms. Andrews stated her son received a letter in the mail from Wave Transit indicating that the
EDTAP services were being limitedto two rides per month
She statedher sonreceived the letter one week prior to the reduction in service and he was
unable to read the letter due to his sight disability
Ms. Andrews said her son usedthe van service every day and transportation to and from work
by means of a taxi is now costing him $52.00per day
Ms. Andrews asked the board to please find the money to keep the EDTAP program operating
Mr. Dewberry ATU 1328 president and bus operator for Go Raleigh Transit thanked the board for
paying attention to the maintenance issues and concerns that were addressed at previous
meetings
He said the maintenance issues are getting betterand appreciates the purchaseof new vehicles
Ms. Riley said she is an operator for the UNCW Shuttle service andthanked the board for the for
the new shuttles
Ms. Rileysaid several routes are not making their last connections to the Brunswick Connector
at 5:00 pmcausing people to be left downtown
Ms. Riley said that two buses are needed on Route 201 Carolina Beach Rd. because it misses
the last Brunswick Connector at 5:00 pm
She also said that Route 104 Northeast is not making its connection at Forden Station and
customers are forced to wait an additional hour to make their connection
Ms. Garton stated three of her employees rely on Wave Transit for transportation and for the
past two months she has noticed some issues
Ms. Garton requested that the board speak to riders that use the service daily regarding their
concerns
She said the limited hours of operation is one barrier to seeking and maintaining employment for
her clients
She said perhaps the board can look into extending public transportation service hours beyond
9:00 pm
Ms. Gartonstated that she hopes the board will take a look at the EDTAP funding in order to find
solutions for those who depend on EDTAP services
Mr. Barfield recognized Ms. Pinder from New Hanover County to provide insight onhow EDTAP
transportation services andgrant funding impactsclients from the New Hanover County Senior
Resource Center
Ms. Pinder said the Senior Resource Center has a program that provides transportation on a
daily basis for seniors and disabled adults in the community
She stated transportation services for these individuals were funded through EDTAP and 5310
program
Ms. Pinder stated in addition to the 270 seniors served, there are roughly 100 individuals on the
waiting list for transportation services
Ms. Pinder stated that prior to this year, the Senior Resource Center received $180,000 in 5310
grant funding from NCDOT to fund their transportation needs
CFPTA Agenda Packet 12/17/20154
She said that due to changes at the federal level, 5310 funding is allocated directly to the
Authority
Ms. Pindersaid the funding the countyreceived from NCDOTto fund a portion of their
transportation needsis goneleaving the Senior Resource Center with a $100,000 deficit
Ms. Pinder said that historically, the County split the EDTAP funding with the Authority
The funding split was not part of any formal agreement between the Authority and the County
Ms. Pinder stated in an effort to cover the deficit from the reduction in 5310 grant funding the
County split the EDTAP funding with 75% allocated to theCounty and 25% allocated to Wave
Transit
Ms. Pinder stated the County has requested to use Employment (EMPL) funds to cover the
remaining deficit in transportation funding experienced by the Senior Resource Center
Mr. Eby provided a brief background on the Rural OperatingAssistance Program (ROAP) and
howFederal & State money is allocated through these funding programs
He said the ROAP grant, which supports EDTAP and EMPL, is allocated by NCDOT to New
Hanover County
Mr. Eby stated that the 5310 Program changed when the funds were distributed under new
st
legislation, Moving Ahead for Progress in the 21Century (MAP-21)
Mr. Eby said that transportation services provided by the county under the former5310 Program
were ineligible under MAP-21
He said that under the new 5310 Program, the Authorityis the designated recipient of the funds
The decision to designate the Authority for the funding was made by the Wilmington Urban Area
Metropolitan Planning Organization Transportation Advisory Committee
Mr. Eby stated that congressional emphasis of the 5310 Program is mobility management; a
portion of the grant funding would go to support a Mobility Manager with the remaining funding
used to support transportation services defined in the required and adopted FTA approved
Program Management Plan (PMP)
He said that a new requirement for 5310 funding included theProgram Management Plan (PMP)
The PMP was drafted by the Authority and over 100 agencies in the area, including NHC, were
asked to comment on the draft PMP
The only comments received regarding the draft PMP were from the WMPO
The comments were included as part of the final PMP adopted by the Authority and approved by
Federal Transit
Ms. Pinder asked if Wave Transit could allocate $36,000 of funding received under the 5310
Program to the Senior Resource Center to help cover this year’s deficit in transportationfunding
Mr. Eby stated that the request was not part of the PMP or the FTA approved grant for 5310
funding
He also stated that the Authority has not adopted a policy regarding suballocation of 5310
funding
Additionally, the Authority has not been given details regarding the type of service requested by
NHC and are not in a position to determine if it is compliant with FTA 5310 requirements
Mr. Barfield stated theneed to make sure that all Federal and State monies are used and not
returned
Hearing no further comments, Mr. Petroff closed the public comment period
CONSENT AGENDA
Mr. Petroff presented the November 2015 consent agenda for approval
Mr. Koeppel requested to open Item 2 for discussion
Mr. Betz made a motion to accept Item 1 of the consent agenda
Mr. Bryden seconded the motion and the motion carried
Mr. Koeppel recognized Item 2, the Wilmington Multimodal Transportation Center, as a
significant milestone for the Authorityas well as the City of Wilmington
CFPTA Agenda Packet 12/17/20155
Mr. Koeppelsaid that Wave Transit customers will have a facility downtown similar to Forden
Station to wait for the bus
He thanked everyonewho has played a role in the development of the Wilmington Multimodal
Center
Mr. Koeppel made a motion to accept Item 2 of the November2015 consent agenda
Mr. Betz seconded the motion and the motion carried
2016 JOB ACCESS REVERSE COMMUTE PROGRAM PUBLIC HEARING & RESOLUTION
Mr. Petroff opened the FY2016 5316 Job Access Reverse Commute (JARC) Program public
hearing
Mr. Petroff recognized Ms. Matheny to provide further detail regarding the 5316 JARC Program
Ms. Matheny stated the program provides funding to support the operation of Route 108Market
St.
She revealed the total annual cost to operate Route108Market St.is $368,000
Ms. Matheny stated the 5316JARC grant would cover $184,000, or 50%, of the operating cost
for the routewith a local match requirement of $184,000, or 50%, for FY2016
She statedthat objective of the JARC Program is to provide transportation services to and from
employment centersand employment related activities
Ms. Matheny stated Route 108Market St. provides service along of Wilmington’s major
employment corridors while connecting Wave Transit’s two main transfer stations, Forden
Station and the Downtown Station
Hearing no comments from the public, Mr. Petroff closed the public comment period
Mr. Koeppel made a motion to accept the FY2016 5316 Job Access Reverse Commute (JARC)
Program Resolution
Mr. Betz seconded the motion and the motion carried
EXECUTIVE COMMITTEE
Mr. Petroffstated the committee did not meet
Mr. Petroff stated that the board is in need of volunteersfor an ad hoc committee to oversee the
development of the Request for Proposals (RFP) for service management of the fixed route
system
Mr. Barfieldand Mr. Bryden volunteered to serve onthe ad hoc committee
PLANNING ANDOPERATIONS COMMITTEE
Mr. Petroffrecognized Mr. Koeppelto give the committee report
Mr. Koeppel indicated there was a 15% decrease in ridership during October 2015 as compared
to October 2014
Mr. Eby stated that conversations with other transit agencies in North Carolinareveal a negative
trend in ridership across the State
The consensus is that a prolonged period of low gas prices is allowing former transit dependent
passengers an opportunity to own automobiles
Mr. Koeppel said $50,000 in advertising revenue should be realized by the close of the fiscal
year
Mr. Koeppel stated the appropriate permits from City of Wilmington and NCDOT have been
secured and staff is moving forward with the next phase of the bus stop amenities project
Mr. Koeppel indicated each bus stop location was assigned a number and the physical numbers
will be installed at each location in January 2016
FINANCE & BUDGET COMMITTEE
Mr. Petroffrecognized Mr. Brydento give the committee report
Mr. Bryden stated that income from fixedroute service is downslightly
CFPTA Agenda Packet 12/17/20156
He said a portion of the decreasecan be attributed to invoice credits provided to UNCW for
service hoursprovided by a vanpool van
Mr. Bryden said income from Paratransit servicehas increased significantly
Mr. Bryden stated the board must be prepared to make some difficult decisions as how best to
fund vehicle replacements in future budget preparations if a long term surface transportation bill
is not authorized by Congress
He stated the challengewill be findingabalance between the cost of operating a system and
allocating FTA funding to rolling stock replacement
FACILITIES COMMITTEE
Mr. Petroffstated the committee did not meet
STAFF REPORT
Mr. Petroffrecognized Mr. Ebyto give the committee report
Mr. Eby gave a brief legislative update and presentation
He said replacing the fleet is a challengedetailing the current age of the fleet
Mr. Eby stated thatvehicles at theend of theiruseful life aresafe to operate; however, they are
less reliable and more expensive to maintain
Mr. Eby said the Authority receives about $250,000 a year in 5339 Bus and Bus Facilities grant
funding which isnot enough to purchase a single bus
He said theAuthority hasbeenable to purchase shuttles and Paratransit vehicles utilizing5339
Bus and Bus Facilities grant funding
He said the Authority would needto bank two years of 5339 funds in order to purchase a single
heavy duty fixedroute bus
Mr. Eby said the STRR Act, recently passed by the US Houseof Representatives,would provide
an opportunity to purchase new vehicles without impactingcurrent service levels
The House bill was sent to a conference committee with the senate for final deliberation
He stated that he was preparing letters to the congressional delegation asking them to support
the House version of the bill
Mr. Eby said that thecurrent route structureis designed and funded for the transit dependent
and not choice riders
He said the goal is to provide reliable public transportationto as many residents as possible with
the amount of funding provided
Mr. Eby requested that should board members havea chance to speak with their Congressmen
or elected officials to let them know the funding challenges faced by the Authority
Mr. Petroff asked if Paratransit maintenance has been turned over to First Transit
Mr. Eby said the transition is occurring in stages andFirst Transit has taken over preventive
maintenanceof the Paratransit fleet
CONTRACT REPORT
Mr. Petroff recognized Mr. Harned to give the contractor report
Mr. Harned said that FirstTransit has assumed preventive maintenance of Paratransit vehicles
Mr. Harned agreedwith the union that things are beginning to look a lot better
Mr. Harned introduced Mr. Curtis Garneras resident Contractor General Manager
He said that over the past five days, 100% of compliant service was provided
He said a change in staffing and hours in the maintenance department was implemented and Mr.
Garner hasprovided continued oversight of the operation
Mr. Harned revealed that needed parts are arriving on time and $6,000 in credits for returned
parts has been received
Mr. Harned stated all fixedroute buses are back from vendors and all major enginesrepairs
have been completed
CFPTA Agenda Packet 12/17/20157
He said state inspections on all of the buses have been performed and as of October1, 2015,
First Transit has provided 99% of service
NEW BUSINESS
Mr. Eby stated that the newest Short Range Transit Plan (SRTP) will kick off early next year
Mr. Eby stated all the requirements to purchase vehicles from Durham have been met and the
vehicles should be on site prior to the close of 2015
Mr. Eby thanked Mr. O’Grady andWilmington City Council for authorizing $225,880for two new
LTVs and $20,000 for the Durham LTV’s
Mr. Eby presented a purchase order in the amount of $225,880for the purchase of two new
LTV’s from National Bus Sales
Mr. O’Grady made a motion to approve the purchase order in the amount of $225,880for the
purchase of two new LTV’s from National Bus Sales
Mr. Betz seconded the motion and the motion carried
Mr. Barfield said he believes that the image of WaveTransit has been tarnished and some PR
work needs to be conducted to change the perception
Mr. Eby said a Public Relations Plan canbe included in the SRTP and a heavy emphasis will be
placed on soliciting feedback from customers and community members
Mr. Bryden stated the Making Waves Foundation received a $5,000 grant from the Landfall
Foundation and recognized Ms. Matheny for writing the grant
Mr. Barfield recognized Ms. Pinder and Ms. Fox for their achievements in the Wilma awards
ADJOURN
Mr. Betzmade a motion to adjourn the November2015 board meeting
Mr. Barfield seconded the motion and the motion carried
SCHEDULING OF NEXT MEETING
The board meetingis scheduled for December17, 2015at 12:00 pm in the Forden Station
ConferenceRoom
Respectfully Submitted,
Albert Eby
Executive Director
/kw/mm
CFPTA Agenda Packet 12/17/20158
Cape Fear Public Transportation Authority
Pursuant to NCGS § 143-318.12, the Cape Fear Public Transportation Authority has established
the following schedule of meetings for 2016. The schedule is on file with the Authority
Secretary and available for public inspection by contacting Wave Transit at (910) 343-0106 and
at the following
URL: http://www.wavetransit.com/Portals/0/documents/Meeting_Schedule.pdf
Any changes to the following schedulewill comply with NCGS § 143-318.12.
Day Date Time Location
Thursday January 28, 2016 12:00 pm Forden Station, 505 Cando Street
ThursdayFebruary 25, 2016 12:00 pmForden Station, 505 Cando Street
ThursdayMarch 24, 2016 12:00 pmForden Station, 505 Cando Street
Thursday April 28, 2016 12:00 pm Forden Station, 505 Cando Street
Thursday May 26, 2016 12:00 pm Forden Station, 505 Cando Street
Thursday June 23, 2016 12:00 pm Forden Station, 505 Cando Street
Thursday July 28, 2016 12:00 pm Forden Station, 505 Cando Street
Thursday August 25, 2016 12:00 pm Forden Station, 505 Cando Street
Thursday September 22, 2016 12:00 pm Forden Station, 505 Cando Street
Thursday October 27, 2016 12:00 pm Forden Station, 505 Cando Street
Thursday November 17, 2016 12:00 pm Forden Station, 505 Cando Street
Thursday December 15, 2016 12:00 pm Forden Station, 505 Cando Street
CFPTA Agenda Packet 12/17/20159
Cape Fear Public
Transportation Authority
Drug & Alcohol Policy
Effective: December 18, 2015
Revision 005
CFPTA Agenda Packet 12/17/201510
TABLE OF CONTENTS
1.0POLICY............................................................................................................................................................................
2
2.0PURPOSE......................................................................................................................................................................... 2
3.0APPLICABILITY............................................................................................................................................................. 2
4.0 EDUCATION AND TRAINING...................................................................................................................................... 3
5.0PROHIBITED SUBSTANCES......................................................................................................................................... 3
6.0PROHIBITED CONDUCT............................................................................................................................................... 4
7.0TESTING FOR PROHIBITED SUBSTANCES.............................................................................................................. 6
8.0SYSTEM CONTACT.....................................................................................................................................................11
9.0EFFECTS OF ALCOHOL..............................................................................................................................................12
APPENDIX A - SAFETY SENSITIVE POSTITIONS...............................................................................................................14
APPENDIX B - URINE SPECIMINE COLLECTION PROCEDURE......................................................................................15
APPENDIX C - ALCOHOL BREATH TESTING PROCEDURE.............................................................................................19
APPENDIX D - EFFECTS OF ALCOHOL................................................................................................................................22
APPENDIX E – DEFINITIONS..................................................................................................................................................24
CFPTA Agenda Packet 12/17/201511
1.0POLICY
Cape Fear Public Transportation Authority(CFPTA)is dedicated to providing safe, dependable,
and economical transportationservices to our passengers. Our employees are our most valuable
resource and it is our goal to provide a healthy, satisfying work environment, which promotes
personal opportunities for growth. In meeting these goals, it is our policy to:
Ensurethat employees are not impaired in their ability to perform assigned duties in a safe,
productive, and healthy manner
Create a workplace environment free from adverse effects of drug and alcohol substance
abuse or misuse
Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled
substances
To encourage employees to seek professional assistance anytime personal problems,
including alcohol or drug dependency, adversely affect their ability to perform their assigned
duties.
2.0PURPOSE
2.1The purpose of this policy is to ensure worker fitness for duty and to protect our employees,
passengers, and the public from the risks posed by the use of alcohol and prohibited drugs.This
policy is also intended to comply with all applicable Federal regulations governing workplace anti-
drug and anti-alcohol programs in the transit industry. The Federal Transit Administration (FTA) of
the U.S. Department of Transportation has enacted 49 CFR Part 655, as amended, urine drug
testing andbreathalyzer alcohol testing for safety-sensitive positions and prevents performance
of safety-sensitive functions when there is a positive test result. The U.S. Department of
Transportation (DOT) has also enacted 49 CFR Part 40, as amended that sets standards for the
collection and testing of urine and breath specimens. In addition, the DOT has enacted 49 CFR
Part 29, “The Drug-Free Workplace Act of 1988”, and the Omnibus Transportation Employee
Testing Act of 1991which requires the establishment of drug-free workplace policies and the
reporting of certain drug-related offenses to the FTA. This policy incorporates those requirements
for safety-sensitive employees and others when so noted.
2.2All provisions set forth in italicsare under the authority of Cape Fear Public Transportation
Authority over and above the requirements set forth in 49 CFR Part 655 and Part 40, as
amended. The federal government is not responsible for the parts of this policy not mandated by
federal regulation.Tests conducted under the sole authority of Cape Fear Public Transportation
Authority will be performed on non-USDOT forms and will be separate from USDOT testing in all
respects.
3.0APPLICABILITY
3.1 This Drug and Alcohol Policy is effective 12/18/2015.This policy applies to all safety-sensitive
andnon-safety-sensitiveAuthority employees, part-time employees, and contractors when they
are on transit property or when performingany transit-related business. This policy applies tooff-
site lunch periods or breaks when an employee is scheduled to return to work.
3.2Employees who perform safety-sensitive functions will be subject topre-employment,random,
post-accident,and reasonable suspicion testing.A safety-sensitive functionis any duty related to
the safe operation of transit service including the operationof a revenue service vehicle(whether
or not the vehicle is in revenue service), dispatchingor controlling the movement of revenue
service vehicles, and maintenance of revenue service vehicles(whether or not the vehicle is in
revenue service), any position that requires carrying a fire arm for security purposes,and any
other employee who holds a Commercial Driver’s Licenseand is required to operate a vehicle
that requires a CDL as part of their job duties.Employeesare only safety sensitive if they perform
one of the above functions.A list of safety-sensitive positions is set forth in Appendix A.
CFPTA Agenda Packet 12/17/201512
4.0 EDUCATION AND TRAINING
Every covered employee will receive a copy of this policy and will have ready access to the
corresponding federal regulations including 49 CFR Parts 655 and 40, as amended. In addition,
all covered employees will undergo a minimum of 60 minutes of training on the signs and
symptoms of drug use including the effects and consequences of drug use on personal health,
safety, and the work environment. The training also includes manifestations and behavioral cues
that may indicate prohibited drug use.
All supervisory personnel or company officials who are in a position to determine employee
fitness for duty will receive 60 minutes of reasonable suspicion training on the physical,
behavioral, and performance indicators of probable drug use and 60 minutes of additional
reasonable suspicion training on the physical, behavioral, speech, and performance indicators of
probable alcohol misuse. Under the authorityof Cape Fear Public Transportation Authority,
supervisory personnel will also be trained on how to intervene constructivelyand how to
effectively integrate an employee back into his/her work group following intervention and/or
treatment.
5.0PROHIBITED SUBSTANCES
5.1Illegally Used Controlled Substance or Drugs
a.Under the Drug-Free Workplace Act of 1988 any drug or any substance identified in
Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as
further defined by 21 CFR 1300.11 through 1300.15 is prohibited atall times in the workplace
unless a legal prescription has been written for the substance. It is required that laboratory
testing of urine specimens be conducted for five types of drugs. Identification of either a drug
or its metabolite in the urine indicates use of the drug in the recent past. A metabolite is a
modified form of a drug that has been chemically altered by the body’s metabolic system.The
detection period ranges from less than one day to about a month, depending on the drug and
the person’s usage habits.This includes: marijuana, amphetamines(including
methamphetamine and ecstasy), opiates (including morphine, codeine, and heroin),
phencyclidine (PCP), and cocaine,as well as any drug not approved for medical use by the
U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration.Illegal use
includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally
obtained prescription drugs.Also, the medical use of marijuana, or the use of hemp related
products, which cause drug or drug metabolites to be present in the body above the minimum
thresholds is a violation of this policy.
b.Federal Transit Administration drug testing regulations (49 CFR Part 655) require that all
employees covered under FTA authority be tested for marijuana, cocaine, amphetamines
(including methamphetamine and ecstasy), opiates (includingmorphine, codeine, andheroin),
and phencyclidine as described in Section 7 of this policy. Illegal use of these five drugs is
prohibited at alltimes and thus, covered employees may be tested for these drugs anytime
that they are on duty.
5.2
Legally Prescribed Drugs
The appropriate use of legally prescribed drugs and non-prescription medications is not
prohibited.However, the use of any substance which carries a warning label that indicates that
mental functioning, motor skills, or judgment may be adversely affected is prohibited while
performing work-related duties and must be reported toCFPTAsupervisory personnel and
medical advice should be sought by the employee, as appropriate, before performing work-
related duties.
A legally prescribed drug means that individual has a prescription or other written approval from a
physician for the use of a drug in the course of medical treatment.It must include the patient’s
CFPTA Agenda Packet 12/17/201513
name, the name of the substance, quantity/amount to be taken, and the period of authorization.
The misuse or abuse of legally prescribed drugs while performing transit business is prohibited.
5.3Alcohol
a.The use of beverages containing alcohol or any medicationor substancesuch that alcohol is
present in the body while performing safety-sensitive job functions or transit businessis
prohibited. A random or reasonable suspicion alcohol test can only be performed on a
covered employee under 49 CFR Part 655 just before, during, or just after the performance of
safety-sensitive job functions. Under Cape Fear Public TransportationAuthority, a non-DOT
alcohol test can be performed any time a covered employee is on duty.
b.An employee with a verified alcohol concentration of 0.02 to 0.039 is considered positive and
is subject to immediate termination.
6.0PROHIBITED CONDUCT
6.1Manufacture, Trafficking, Possession, and Use
Consistent with the Drug-free Workplace Act of 1988,
the manufacture, distribution,
dispensing, possession, or use of illegal substances on Authoritypremises, in transit vehicles, in
uniform, or whileconducting business is prohibited.
Any FTA covered employee that has a verified positive drug or alcohol test, or test refusal, will be
removed from safety-sensitive duties, referred to a Substance Abuse Professional (SAP) for
assessment, and will be terminated.An employee with a verified alcohol concentration of 0.02 to
0.039 is considered positive and is subject to immediate termination.
6.2Compliance with Testing Requirements
Participation in the Authority’s prohibited substance testing program is a requirement of each
employee and, therefore,is a condition of employment. All safety-sensitive and non-safety-
sensitiveemployees will be subject to urine drug testing and breath alcohol testing. Any
employee who refuses to comply with a request for testing, who provides false information in
connection with a test, or who attempts to falsify test results through tampering, contamination,
adulteration, or substitution shall be removed from duty immediately, and their employment
terminated.Refusal can include an inability to provide a specimen or breath sample without a
valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical
Test refusal will result in a referral toa
absence resulting in the inability to conduct the test.
Substance Abuse Professional (SAP), for assessment,
andtermination.
6.3Definition of Test Refusals
The following are considered a refusal to test if the employee:
Fails to appear for any test (excluding pre-employment) within a reasonable time, as
determined by the employer, after being directed to do so by the employer
Fails to remain at the testing site until the testing process is complete
Fails to provide a urine or breath specimen for any drug or alcohol test required by Part 40or
DOT agency regulations
In the case of a directly observed or monitored collection in a drug test, fails to permit the
observation or monitoring of your provision of a specimen
Fails to provide a sufficient amount of urine or breath when directed, and it has been
determined, through a required medical evaluation, that there was no adequate medical
explanation for the failure
Fails or declines to take a second test the employer or collector has directed you to take
Fails to undergo a medical examination or evaluation, as directed by the MRO as partof the
verification process, or as directed by the DER as partof the ``shy bladder'' or “shy lung”
procedures
CFPTA Agenda Packet 12/17/201514
Fails to cooperate with any partof the testing process (e.g., refuse to empty pockets when so
directed by the collector, behave in a confrontational way that disrupts the collection process)
If the MRO reports that there is verified adulterated or substituted test result
Failure or refusal to sign Step 2 of the alcohol testing form
Failure to follow the observer’s instructions during an observed collection including
instructions to raise your clothing above the waist, lower clothing and underpants, and to turn
around to permit the observer to determine if you have any type of prosthetic or other device
that could be used to interfere with the collection process.
Possess or wear a prosthetic or other device that could be used to interfere with the collection
process
.
Admit to the collector or MRO that you adulterated or substituted the specimen
6.4Required Hours of Compliance
All covered employees are prohibited from reporting for duty or remaining on duty any time there
is a quantifiable presence of a prohibited drug in the body above the minimum thresholds defined
in 49 CFR PART 40, as amended.Use and ingestion ofprohibited drugs are prohibited and
employees must be free of the presence of any prohibited substance at all times while performing
work-related duties.
Each covered employee is prohibited from consuming alcohol while performing safety-sensitive
job functions or while on-call to perform safety-sensitive job functions. If an on-call employee has
consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to
report for duty. The covered employee will subsequently be relieved of his/her on-call
responsibilities and subject to discipline.
1.Each covered employee is prohibited from reporting to work or remaining on duty requiring the
performance of safety-sensitive functions while having an alcohol concentration of 0.02 or greater
regardless of when the alcohol was consumed.
2.No covered employee shall consume alcohol for eight (8) hours following involvement in an
accident or until he/she submits to the post-accident drug/alcohol test, whichever occurs first.
3.No covered employee shall consume alcohol within four (4) hours prior to the performance of
safety-sensitive job functions.
4.Cape Fear Public Transit Authority also prohibits the consumption of alcohol at all times the
employee is on duty, or anytime the employeeis in uniform.
6.5Intoxication/Under the Influence
Any safety-sensitiveor non-safety-sensitive employee who is reasonably suspected of being
intoxicated, impaired, under the influence of a prohibited substance,or not fit for duty shall be
suspended from job duties pending an investigation and verification of condition. A drug or
alcohol test is considered positive if the individual is found to have a quantifiable presence of a
prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as
amended.
6.6Notifying the Authorityof Criminal Drug Conviction
Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify Cape
Fear Public TransportationAuthority management of any criminal drug statute conviction
immediately following the conviction, and prior to returning to duty. Any employee who fails to
immediately notify the Authorityof any criminal drug statute convictionwill result in termination.
CFPTA Agenda Packet 12/17/201515
6.7
Proper Application of the Policy
The Authority is dedicated to assuring fair and equitable application of this substance abuse
policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in
anunbiased and impartial manner. Any supervisor/manager who knowingly disregards the
requirements of this policy, or who is found to deliberately misuse the policy in regard to
subordinates, shall be subject to disciplinary action, up to and including termination.
6.8GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal is not
subject to arbitration.
7.0TESTING FOR PROHIBITED SUBSTANCES
7.1General
Analytical urine drug testing and breath testing for alcohol may be conducted when
circumstances warrant or as required by Federal regulation49 CFR part 40 as amended.All
safety-sensitive employees shall be subject to testing prior to performing safety-sensitive duties
and employment, for reasonable suspicion,following an accidentand randomtesting. All non-
safety sensitive employeescovered under the sole authority of Cape Fear Public Transportation
Authority will also be subject totesting forNON-DOT pre-employment, NON-DOTreasonable
suspicion and NON-DOT post-accident using non-DOT testing forms.
A drug test can be performed any time a covered employee is on duty. A reasonable suspicion
and random alcohol test can only be performed just before, during, or after the performance of a
safety-sensitive job function. Under Cape Fear Public Transit Authority authority, a non-DOT
alcohol test can be performed any time a covered employee is on duty.
All covered employees willbe subject to urine drug testing and breath alcohol testing as a
condition of ongoing employment with Cape Fear Public TransportationAuthority. Any safety-
sensitive employee who refuses to comply with a request for testing shall be removed from duty,
given a referral to a SAP and employment will be terminated.
Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and
using techniques, equipment and laboratory facilities which have been approved by the U.S.
Departmentof Health and Human Services (DHHS). All testing will be conducted consistent with
the procedures put forth in 49 CFR Part 40, as amended. The procedures will be performed in a
private, confidential manner and every effort will be made to protect the employee, the integrity of
the drug testing procedure, and the validity of the test result.
Urine Specimen Collection Procedures are set forth in Appendix B.Breath Specimen Collection
Procedures are set forth in Appendix C.
The drugs that will be tested forare marijuana, cocaine, opiates(including morphine, codeine,
and heroin), amphetamines(including methamphetamine and ecstasy), and phencyclidine. An
initial drug screen will be conducted on each specimen. For those specimens that are positive, a
confirmatory gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test
will be considered positive if the amounts present are above the minimum thresholds established
in 49 CFR Part 40, as amended. 49 CFR Part 40.89(b) requires that specimen validity testing be
conducted on all urine specimens provided for testing under DOT authority. Specimen validity
testing is the evaluation of the specimen to determine if it is consistent with normal human urine.
The purpose of validity testing is to determine whether certain adulterants or foreign substances
were added to the urine, if the urine was diluted or if the specimen was substituted.
Testsfor alcohol concentration will be conducted utilizing a National Highway Traffic Safety
Administration (NHTSA) approved evidential breath testing device (EBT) operated by a trained
CFPTA Agenda Packet 12/17/201516
breath alcohol technician (BAT). Alcohol screening tests may be performed using a non-evidential
testing device which is also approved by NHSTA If the initial test indicates an alcohol
concentration of 0.02 or greater, a second test will be performedto confirm the results of the
initial test.
Part 655.35(a) states “No employer shall permit a covered employee tested under the provisions
of subpart E of this part who is found to have an alcohol concentration of 0.02 or greater but less
than 0.04 to perform or continue to perform safety-sensitive functions, until (1) The employee's
alcohol concentration measures less than 0.02; or (2) The start of the employee's next regularly
scheduledduty period, but not less than eight hours following administration of the test.”
Aconfirmed positive drug and/or alcohol test will result in termination.Per 49 CFR part
655.61(a)(1), If a covered employee has a verified positive drug test result, or has a confirmed
alcohol test of 0.04 or greater, or refuses to submit to a drug or alcohol test required by this part,
the Authority shall advise the employee of the resources available for evaluating and resolving
problems associated with prohibited drug use and alcohol misuse including the names,
addresses, and telephone numbers ofasubstance abuse professionals (SAP).
7.2Release of Testing Records and Results
The Authority affirms the need to protect individual dignity, privacy, and confidentiality throughout
If at any time the integrity of the testing procedures or the validity of
thetesting process.
the test results is compromised, the test will be canceled.
Minor inconsistencies or
procedural flaws that do not impact the test result will not result in a cancelled test.
7.2.1 Drug/alcohol testing records shall be maintained by the Cape Fear Public Transportation
Authority Drug and Alcohol Program Manager and, except as provided below or by law,
the results of any drug/alcohol test shall not be disclosed without express written consent
of the tested employee.
7.2.2The employee, upon written request, is entitled to obtain copies of any records pertaining
to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing
records. Covered employees have the right to gain access to any pertinent records such
as equipment calibration records, and records of laboratory certifications. Employees may
not have access to SAP follow-up testing plans.
7.2.3Records of a verified positive drug/alcohol test result shall be released to the Drug and
Alcohol Program Manager, and other transit system management personnel on a need to
know basis.
7.2.4Records will be released to a subsequent employer only upon receipt of a written request
from the employee.
7.2.5Records of an employee's drugor alcohol tests shall be released to the adjudicator in a
grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual
arising from the results of the drugor alcohol test. The records will be released to the
decision maker in the proceeding.
7.2.6Records will be released to the National Transportation Safety Board during an accident
investigation.
7.2.7Information will be released in a criminal or civil action resulting from an employee’s
performance of safety-sensitive duties, in which a court of competent jurisdiction
determines that the drug or alcohol test information is relevant to the case and issues an
order to the employer to release the information. The employer will release the
information to the decision maker in the proceeding with a binding stipulation that it will
only be released to parties of the proceeding.
CFPTA Agenda Packet 12/17/201517
7.2.8Records will be released to the DOT or any DOT agency with regulatory authority over the
employer or any of its employees.
7.2.9Records will be released if requested by a Federal, state or local safety agency with
regulatory authority over Cape Fear Public TransportationAuthority or the employee.
7.2.10If a party seeks a court order to release a specimen or partof a specimen contrary to any
provision of Part 40 as amended, necessary legal steps to contest the issuance of the
order will be taken
7.2.11In cases of a contractor or sub-recipient of a state department of transportation, records
will be released when requested by such agencies that must certify compliance with the
regulation to the FTA.
7.2.12Requests for test result information by an unemployment service bureau can be granted, if
the individual’s dismissal was a result of a positive drug or alcohol test,because the
request for unemployment benefits was initiated by the former employee.
7.3Pre-Employment Testing
All safety-sensitive and non-safety-sensitiveposition applicants shall undergo urine drug testing.
Priorto beginningsafety-sensitive job functions, a pre-employment drug test with a verified
negative result must be obtained.This includes established employees who are transferring from
a non-safety sensitive position into a safety sensitive position or a covered safetysensitive
employee who has not performed a safety-sensitive function and has been out of the random
pool for longer than ninety (90) days regardlessof the reason(s) for absence. Applicants will be
notified of this requirement during the interview processand the test maybe givenseparately or
as part of the pre-employment physical.All offers of employment for safety-sensitive positions
shall be extended conditional upon the applicant passing a drug test.If a pre-employment drug
screen is canceled, the applicant must retake the test and have a confirmed negative result
before preforming any safety sensitive job duties. If an applicant fails a pre-employment drug test,
the conditional offer of employment shall be rescinded and the applicant will be referred to a
Substance Abuse Professional.A positivepre-employment drug test will disqualify an applicant
for employment.
Applicants are required (even if ultimately not hired) to provide their consent to the Authority to
request FTA drug and alcohol records from all previous, DOT-covered, employers that the
applicant has worked for within the last two yearsreport previous DOT covered employer drug
and alcohol test result. Failure to do so will result in the employment offer being rescinded. The
Authority is required to ask all applicants (even if ultimately not hired) if they have tested positive
or refused to test on a pre-employment test for a DOT covered employer within the last two years.
If the applicant has tested positive or refused to test on a pre-employment test for a DOT covered
employer, the applicant must provide the Authorityproof of having successfully completed a
referral, evaluation and treatment plan as described in section 655.62 of subpart G.
t is the policy of Cape Fear PublicTransportation Authoritythat any applicant who fails a drug
I
test for any of the five scheduled drugs on a pre-employment test will be disqualified as an
applicant for employment.
7.4 Reasonable Suspicion Testing
All Cape Fear Public Transit Authority FTA covered employees will be subject to a reasonable
suspicion drug and/or alcohol test when the employer has reasonable suspicion to believe that the
CFPTA Agenda Packet 12/17/201518
covered employee has used a prohibited drug and/or engaged in alcohol misuse. Reasonable
suspicion shall mean that there is objective evidence, based upon specific, contemporaneous,
articulable observations of the employee's appearance, behavior, speech or body odor that are
consistent with possible drug use and/or alcohol misuse.
All employeesmay be subject to a fitness for duty evaluation, to include appropriate urine and
breathalcoholtesting when there are reasons to believe that drug or alcohol use is adversely
affecting job performance.
Reasonable suspicion determinations will be made by a supervisor who is trained to detect the
signs and symptoms of drug and alcohol use and who reasonably concludes that an employee
may be adversely affected or impaired in his/her work performance due to prohibited substance
abuse or misuse.The determination that reasonable suspicion exists shall be based on specific,
contemporaneous, articulable observations concerning the appearance, behavior, speech, or
body odors of the employee.The Authoritymay direct anycoveredemployee to undergo
reasonable suspicion testing for alcohol only while the employee is performing safety-sensitive
functions; just before the employee is to perform safety-sensitive functions; or just after the
employee has ceased performing such functions.A reasonable suspicion drug test can be
performed any time the covered employee is on duty.
A written record of the observations which led to a drug/alcohol test based on reasonable
suspicion shall be prepared and signed by the supervisor making the observation. This written
record shall be submitted to the Cape Fear Public TransportationAuthority Drug and Alcohol
Program Manager.
7.5 DOT Post-Accident Testing
FATAL ACCIDENTS-Safety sensitive employees arerequired, by regulations set forth in 49 CFR
part 655, to undergo urine and breath testing if they areinvolved in an accident with arevenue
transit vehicle (regardless of whether or not the vehicle is in revenue service) that results in a
fatality. Safety-sensitive employees not on the vehicle (e.g., maintenanceor dispatchpersonnel)
whose performance could have contributed to the accident (as determined by the transit agency
using the best information available at the time of the accident) will also be tested.
NON-FATAL ACCIDENTS- Additionally, a safety-sensitive employee will be requiredto undergo
DOT post-accident testing (unless the employee’s performance can be completely discounted as
a contributing factor to the accident)if an individual suffers bodily injury and immediately receives
medical treatment away from the scene of the accident; or, a vehicle incurs disabling damage
which precludes the departure of a motor vehicle from the scene of the accident after simple
repair. Under the sole authority of CFPTA,CFPTA reserves the right to conduct a NON-DOT
post-accident drug and/or alcohol test on involved employeesfollowing all accidents.
As soon as practicable following an accident, as defined in this policy, the transit supervisor
investigating the accident will notify the transit employee operating the transit vehicle and all other
covered employees whose performance could have contributed to the accident of the need for
the test. The supervisor will make the determination using the best information available at the
time of the decision.
If an alcohol testrequired by this section isnot administered within two (2) hours following the
accident, the Authorityshall prepare and maintain on file a record stating the reasons the alcohol
test was not promptly administered. If an alcohol test required by this section is not administered
within eight hours following the accident, the Authority shall cease attempts to administer an
alcohol test and maintain the record.If a drug test required by this section is not administered
within 32 hours following the accident, the Authority shall cease attempts to administer a drug test
and shall prepare and maintain on file a record stating the reasons the drug test was not promptly
administered.
CFPTA Agenda Packet 12/17/201519
Any employee involved in an accident must refrain from alcohol use for eight hours following the
accident or until he/she undergoesa post-accident alcohol test. Any employee who leaves the
scene of the accident without appropriate authorization prior to submission to drug and alcohol
testing will be considered to have refused the test andtheir employment terminated.Nothing in
this section shall be construed to require the delay of necessary medical attention for the injured
following an accident or to prohibit a covered 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.
In the rare event that Cape Fear Public Transit Authority is unable to perform anFTA drug and
alcohol test (i.e., employee is unconscious, employee is detained by law enforcement agency),
Cape Fear Public TransportationAuthority may use drug and alcohol post-accident test results
administered by local law enforcement officials in lieu of the FTA test. The local law enforcement
officials must have independent authority for the test and the employer must obtainthe results in
conformance with local law.
7.6
Non DOT Post-Accident Testing
All employees are required to undergo urine and breath testing if they are involved in an accident
with anyAuthorityvehicle, unless the employee’s performance can be completely discounted as
a contributing factor to the accident. A Non DOT test will be performedunder the authority of the
Authority.
If an alcohol test required by this section is not administered within two (2) hours following the
accident, the authorityshall prepare and maintain on file a record stating the reasons the alcohol
test was not promptly administered. If an alcohol test required by this section is not administered
within eight hours following the accident, the authorityshall cease attempts to administer an
alcohol test and maintain the record.If a drug test required by this section is not administered
within 32 hours following the accident, the authorityshall cease attempts to administer a drug test
and shall prepare and maintain on file a record stating the reasons the drug test was not promptly
administered.
Any employee involved in an accident must refrain from alcohol use for eight hours following the
accident or until he/she undergoes a post-accident alcohol test.Any employee who leaves the
scene of the accident without appropriate authorization prior to submission to drug and alcohol
testing will be considered to have refused the test and their employment terminated. Nothing in
this section shall be construed to require the delay of necessary medical attention for the injured
following an accident or to prohibit a covered 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.
7.7 Random Testing
Employees in safety-sensitive positions will be subjected to random, unannounced testing. The
percentage of safety sensitive employees tested will not be less than the minimum percentage as
determinedby the Federal Transit Administration annually. Random selection shall be made by a
scientifically valid method by using computerized random selection software. Each covered
employee shall have an equal chance of being tested each time selections are made. Random
tests will be reasonably spread throughout the year and random testing will be continuous and
conducted on all days and hours during which the Authorityis in operation. Random test willbe
unannounced and immediate. Each covered employee who is notified of selection for random
drugor random alcohol testing shall proceed to the test site immediately.
Per 49 CFR part 655.45(1) a safety sensitive employee can be randomly tested for drug use at
any time during their shift, but will only be randomly tested for alcohol misuse while the employee
is performing a safety sensitive function; just before the employee is to perform a safety sensitive
function; or just after the employee has ceased performing such a function.
CFPTA Agenda Packet 12/17/201520
7.8 Promotion Testing
Employees being transferred from a non-safety-sensitive position into a safety-sensitive position
will be given pre-employment drug test. Employees may not be assigned to the safety-sensitive
function until a verifiednegative test is received.
7.9 Periodic Testing
NON-DOT periodic drug testing will occur when a safety-sensitive employee submits
himself/herself to a medical examination. Employees will be notified up to one week in advance of
the medical exam. Failure to submit to a periodic test or failing a periodic test will subject an
employee to discipline up to and including termination.Periodic Testing is done Cape Fear Public
TransportationAuthority authority only and will be done using a NON-DOT form.
7.10Employee Requested (Split Specimen) Testing
Any employee who questions the results of a required drug test under paragraphs 7.3 through 7.9
of this policy may request that anadditional test be conducted. This test must be conducted at a
different testing DHHS-certified laboratory. The test must be conducted on the split sample that
was provided at the same time as the original sample. CFPTA will ensure that the cost for the
split specimen are covered in order for a timely analysis of the sample, however CFPTA may
seek reimbursement for the split sample test from the employee..The method of collection,
storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR
Part 40, as amended. The employee’s request for a re-test must be made,to the Medical Review
Officer (MRO) within 72 hours of notice of the initial test result. Requests after 72 hours will only
be accepted if the delay was due to documentable facts that are beyond the control of the
employee.
7.11Dilute Testing
Any covered employee's verified test result being reported as negative dilute where the creatinine
concentration of the dilute specimen is greater than 5 mg/dl, shall require no further testing (49
CFR Part 40.197).
Any covered employee’s verified test result being reported as negative dilute where the MRO
reports that the creatinine concentration of the specimen was equal to or greater than 2 mg/dl, but
less than or equal to 5 mg/dl will be required to submit to a recollection under direct observation
(49 CFR Part 40.155 (c))as outlined in Appendix E. Verified Negative Dilute \[40.197\] shall be
accepted as a negative result. Verified Positive Dilute \[40.197\] shall be accepted as a positive
result.
8.0SYSTEM CONTACT
Any questions regarding this policy or any other aspect of the drug-free and alcohol-free transit
program should contact the following Authorityrepresentative:
DER – Designated Employee Representatives
Clifford Rode
(910) 202-2052
Paratransit Manager
DAPM – Drug and Alcohol Program Manager
Michael Williams
(910) 202-2062
Director of Operations
CFPTA Agenda Packet 12/17/201521
It shall be the policy of theAuthoritythat each employee shallbe made aware of this policy.
Further, periodic training sessions for employees on substance abuse shall be held. The goal of
theAuthorityis a 100 percent drug and alcohol free workplace. You are urged to review the
procedures of this policy carefully. This policy protects the Authority’smost valuable resource --
its employees --while at the same time protecting the health and safety of the general public.
9.0EFFECTS OF ALCOHOL
Information on the effects of alcohol misuse on an individual’s health, work, and personal life;
signs and symptoms of an alcohol problem; and available methods of intervening when an
alcohol problem is suspected are set forth in Appendix D.
CFPTA Agenda Packet 12/17/201522
Cape Fear Public Transportation Authority
WAVE TRANSIT
Adopted at a regular meeting
on
By:______________________________
Jeffrey B. Petroff, Chairman
Attest
_______________________________
Don Betz, Secretary
(seal)
CFPTA Agenda Packet 12/17/201523
APPENDIX A - SAFETY SENSITIVE POSTITIONS
(Testing to be conducted under DOT authority)
Para Transit Manager
Dispatchers
Operators
CDL Holdersrequired to drive a vehicle that requires a CDL for their job duties
CFPTA Agenda Packet 12/17/201524
APPENDIX B - URINE SPECIMEN COLLECTION PROCEDURE
(For Employees Required to Provide Urine Specimens for Drug Testing)
1. Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and
using techniques, equipment, and laboratory facilities which have been approved by the U.S.
Department of Health and Human Service (HHS). All testing will be conducted consistent with
the procedures set forth in 49 CFR Part 40, as amended. The procedures will be performed in a
private, confidential manner and every effort will be made to protect the employee, the integrity of
the drug testing procedure, and the validity of the test result.
2.The drugs that will be tested for include marijuana, cocaine, opiates (including heroin),
amphetamines (including methamphetamine and ecstasy), and phencyclidine. After the identity
of the donor is checked using picture identification, a urine specimen will be collected using the
split specimencollection method described in 49 CFR Part 40, as amended. Each specimen will
be accompanied by a DOT Chain of Custody and Control Form and identified using a unique
identification number that attributes the specimen to the correct individual. The specimen
analysis will be conducted at a HHS certified laboratory. An initial drug screen and validity test
will be conducted on the primary urine specimen. For those specimens that are not negative, a
confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test
will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the
GC/MS test are above the minimum thresholds established in 49 CFR Part 40, as amended.
3.The test results from the HHS certified laboratory will be reported to a Medical Review Officer. A
Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance
abuse disorders and drug testing. The MRO will review the test results to ensure the scientific
validity of the test and to determine whether there is a legitimate medical explanation for a
confirmed positive, substitute, or adulterated test result. The MRO will attempt to contact the
employee to notify the employee of the non-negative laboratory result, and provide the employee
with an opportunity to explain the confirmed laboratory test result. The MRO will subsequently
review the employee’s medical history/medical records as appropriate to determine whether there
is a legitimate medical explanation for a non-negative laboratory result. If no legitimate medical
explanation is found, the test will be verified positive or refusal to test and reported to the Cape
Fear Public TransportationAuthority Drug and Alcohol Program Manager (DAPM). If a legitimate
explanation is found, the MRO will report the test result as negative to the DAPM.
4.If the test is invalid without a medical explanation, a retest will be conducted under direct
observation. Employees do not have access to a test of their split specimen following an invalid
result.
5.Any covered employee who questions the results of a required drug test under paragraphs L
through P of this policy may request that the split sample be tested. The split sample test must
be conducted at a second HHS-certified laboratory. The test must be conducted on the split
sample that was provided by the employee at the same time as the primary sample. The method
of collecting, storing, and testing the split sample will be consistent with the procedures set forth
in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to
the Medical Review Officer within 72 hours of notice of the original sample verified test result.
Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to
documentable facts that were beyond the control of the employee. Cape Fear Public
TransportationAuthority will ensure that the cost for the split specimen are covered in order for a
timely analysis of the sample, however the Cape Fear Public TransportationAuthority mayseek
reimbursement for the split sample test from the employee.
6.If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the
primary specimen, if the split specimen is not able to be analyzed, or if the results of the split
CFPTA Agenda Packet 12/17/201525
specimen are not scientifically adequate, the MRO will declare the original test to be canceled. If
the split specimen is not available to analyze the MRO will direct Cape Fear Public Transportation
Authority to retest the employee under direct observation.
7.The split specimen will be stored at the initial laboratory until the analysis of theprimary specimen
is completed. If the primary specimen is negative, the split will be discarded. If the primary
specimen is positive, it will be retained in frozen storage for one year and the split specimen will
also be retained for one year. If the primary is positive, the primary and the split will be retained for
longer than one year for testing if so requested by the employee through the Medical Review
Officer, or by the employer, by the MRO, or by the relevant DOT agency.
Steps:
1. Report to the specimen collection site as soon as possibleafter notification to report. Refusal to
report for collection or refusal to cooperate with the collection process will result in a
determination of a refusal to provide a specimen.
2.Show the collection site personnel an official photo identification card, (e.g. driver’s license).
3.Check your outer garments with the collection site personnel for safekeeping. You have the right
to retain your wallet and to ask for a receipt for your belongings. You must empty your pockets
and display the items in your pockets to the collection site personnel to ensure that no items are
present which could be used to adulterate the specimen. If nothing is there that can be used to
adulterate a specimen, the collection site personnel will allow the items to be placed back in the
pocket.
4.Rinse and dry your hands.
5.Obtain a wrapped specimen container from the specimen collection personnel.
6.Proceed to the privacy enclosure and provide a specimen in the collection container. At least 45
milliliters of urine are required for analysis.If an insufficient amount of urine is provided, the
original specimen will be discarded and you will be required to consume not more than40 ounces
of fluids in over a three hourperiodto provide another specimen. Do not tamper with the
specimen or make substitutions. The specimen will be visually inspected for unusual color and
sediment.
7.The temperature of the specimen will be measured and must fall within an acceptable range(90
F to 100 F)
8.Give the specimen to the specimen collection personnel and watch the sealing and labeling of the
bottles. Initial the labels verifying that the specimen is yours.
9.You may wish to indicate on the back of your copy of the custody and control form any
medications you are currently using. This list may serve as a memory jogger in the event a
Medical Review Officer calls you to discuss the results of your test.
10.The results of the laboratory analysis will be forwarded to your employer’s Medical Review
Officer. If the results are negative (no drugs detected), the MRO will notify your employer. If the
laboratory confirms a positive result (drugs detected), the MRO will contact you at the telephone
number you provided to give you the opportunity to discuss the test results and to submit
information demonstrating authorized useof the drugs in question.
11.If the MRO verifies a positive result (drugs detected), the employee will be notified by the MRO
that the employee has 72 hours in which to requesta test of the split specimen. If the employee
requests an analysis of the split specimen within 72 hours of having been informed of a verified
CFPTA Agenda Packet 12/17/201526
positive test, the MRO will direct, in writing, the laboratory to ship the split specimen to another
DHHS-certified laboratory for analysis.
12.If the analysis of the split specimen failsto confirm the presence of the drugs(s) or drug
metabolite(s) found in the primary specimen, or if the split specimen is unavailable or inadequate
for testing, the MRO shall cancel the test and report the cancellation and the reasons for it to the
DOT, the employer, and the employee.
13.If the employee has not contacted the MRO within 72 hours of being notified of a verified positive
drug test, the employee may present to the MRO information documenting that serious illness,
injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other
circumstances unavoidably prevented the employee from contacting the MRO in time.
14. If the MRO concludes that there is a legitimate explanation for the employee’s failure to contact
the MRO within 72 hours, the MRO shall direct that the analysis of the split specimen be
performed.
15.If the MRO concludes that there is no legitimate explanation for the employee’s failure to contact
the MRO within 72 hours, then the MRO is not required to direct the analysis of the split specimen
to be performed.
16. If, after the MRO makes all reasonable efforts (and documents them), and is unable to reach the
individual directly, the MRO shall contact the designated employer representative who shalldirect
the individual to contact the MRO as soon as possible. If, after making all reasonable efforts, the
designated management official is unable to contact the employee, the employer may place the
employee on temporary unqualified status or medical leave.
17.Each verified test result will be reported to the person designated by the Authorityto receive
results. Reporting of a verified positive result is not delayed pending the split specimen analysis.
Observed collections
a.Consistent with 49 CFR part 40, as amended, collection under direct observation (by a
person of the same gender) with no advance notice will occur if:
i.The laboratory reports to the MRO that a specimen is invalid, and the MRO reports
to the Cape Fear Public Transportation Authoritythat there was not an adequate
medical explanation for the result;
ii.The MRO reports to the Cape Fear Public Transportation Authority that the original
positive, adulterated, or substituted test result had to be cancelled because the
test of the split specimen could not be performed;
iii.The laboratory reported to the MRO that the specimen was negative-dilute with a
creatinine concentration greater than or equal to 2 mg/dL but less than or equal to
5 mg/dL, and the MRO reported the specimen to you as negative-dilute and that a
second collection must take place under direct observation (see §40.197(b)(1)).
iv.The collector observes materials brought to the collection site or the employee's
conduct clearly indicates an attempt to tamper with a specimen;
v.The temperature on the original specimen was out of range;
vi.Anytime the employee is directed to provide another specimen because the
original specimen appeared to have been tampered with.
CFPTA Agenda Packet 12/17/201527
vii.All follow-up-tests; or
viii.All return-to-duty tests
CFPTA Agenda Packet 12/17/201528
APPENDIX C - ALCOHOL BREATH TESTING PROCEDURE
Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety
Administration (NHTSA)-approved Evidential Breath Testing device (EBT) operated by a trained Breath
Alcohol Technician (BAT). Alcohol screening tests may be performed using a non-evidential testing
device which is also approved by NHSTA. The EBT will identify each test by a unique sequential
identification number. This number, time, and unit identifier will be provided on each EBT printout. The
EBT printout, along with an approved alcohol testing form, will be used to document the test, the
subsequent results, and to attribute the test to the correct employee. The test will be performed in a
private, confidential manner as required by 49 CFR Part 40, as amended. The procedure will be
followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing
procedures and validity of the test result.
1.Preparation
Upon arrival at the alcohol collection site, the employee must provide positive identification to the
Breath Alcohol Technician (BAT). The identification can be in the form of a company identification
card, driver’s license, or identification by an employer representative.
The alcohol testing form (ATF) required by 49 CFR Part 40 as amended, shall be used for all FTA
required testing. After the testing procedures are explained to the employee, the employee must
complete, date, and sign the alcohol testing form. Failure of an employee to sign step 2 of the
ATF will be considered a refusal to submit to testing. The employee will sign the form indicating
that the employee is present and providing a breath specimen. Employers may not modify or
revise this form, unless the form is directly generated by an Evidential Breath Testing device
(EBT) (i.e., the space for affixing a separate printed result is omitted). At the completion of the
testing process, the BAT signs and dates the alcohol testing form.The form must provide
triplicate (or three consecutive identical)copies. Copy 1 (white) must be transmitted to the
employer. Copy 2 (green) must be provided to the employee. Copy 3 (blue) must be retained by
the BAT.
2.SCREENING TEST
The BAT will inform the employee of the need to conduct a screening test. The BAT must open
an individually sealed, disposable mouthpiece in view of the employee and attach it to the EBT.
The BAT will instruct the employee to blow forcefully into the mouthpiece for at least six seconds
or until an adequate amount of breath has been obtained.Following the screening test, the BAT
must show the employee the result displayed on the EBT or the printed result.
If the result of the screening test is an alcohol concentration of less than 0.02, no furthertesting is
required and the test will be reported to the employer as a negative test. The employee may then
return to this/her safety-sensitive position.
3.CONFIRMATION TEST
If the result of the screening test is an alcohol concentration of 0.02 or greater, a confirmation test
must be performed.
The confirmation test must be conducted at least 15 minutes, but not more than 30 minutes, after
the completion of the initial test. This delay prevents any accumulation of alcohol in the mouth
from leading toan artificially high reading. The confirmatory tests for breath alcohol concentration
will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved
Evidential Breath Testing device (EBT) operated by a trained Breath AlcoholTechnician (BAT).
CFPTA Agenda Packet 12/17/201529
TheBAT will inform the employee of the need to conduct a confirmation test. The employee will
be instructed not to eat, drink, or put any object or substance in his or her mouth. The BAT will
also instruct the employee not to belch to the extent possible while awaiting the confirmation test.
The BAT must inform the employee that the test will be conducted at the end of the waiting
period, even if the employee has disregarded the instructions.
Before the confirmation test is administered, the BAT shall conduct an air blank on the EBT.If the
reading is greater than 0.00, the BAT shall conductone more air blank.If the second air blank
reading is greater than 0.00, the EBT must not be used to conduct the test.
The confirmation test is conducted using the same procedures as the screening test.A new
mouthpiece will be used.
If the initial and confirmatory test results are not identical, the confirmation test result is deemed
to be the final result.
If the result displayed on the EBT isnot the same as that on the printed form, the test will be
canceled, and the EBT removed from service.
The BAT will sign and date the form.If the test result is 0.02 or higher, the employee will sign and
date the certification statement, which includes a notice that the employee cannot perform safety-
sensitive duties or operate a motor vehicle because theresults are 0.02 or greater. The BAT will
attach the alcohol test result printout directly onto the alcohol collection form with tamperproof
tape (unless the results are printed directly on the form).
An employee who has a confirmed alcohol concentration of 0.04 or greater will be considered a
positive alcohol test and in violation of this policy. The consequences of a positive alcohol test
are described in Section 6.1of this policy. An employee with a verifiedalcohol concentration of
0.02 to 0.039 is considered positiveand is subject to immediate termination, as outlined in
Section 6.1 of this policy.
4.REPORTING
The BAT will transmit all results to the employer’s designated representative in a confidential
manner (in writing, in person, by telephone or other electronic means). In the event an individual
must be removed from safety-sensitive duties, the BAT will notify the employer’s representative
immediately.
5.INCOMPLETE TEST
If a screening or confirmatory test cannot be completed, the BAT must, if practicable, begin a new
test using a new alcohol testing form with a new sequential test number.
Refusal by an employee to complete and sign the alcohol testing form, to provide breath, to
provide an adequate amount of breath, or otherwise to cooperate with the collection process must
be noted on the form and the test will be terminated.
If an employee attempts and fails to provide an adequate amount of breath, the BAT must note
this on the form and immediately inform the employer. The employer shall direct the employee to
obtain, from a licensed physician who is acceptable to the employer, an evaluation concerning
the employee’s medical ability to providean adequate amount of breath. The evaluation should
be made as soon as practical after the attempted breath test. If the physician indicates the there
was a valid medical reason for the inadequate amount of breath, the employee’s failure to provide
an adequate amount of breath will not be considered a refusal. If no valid medical reason is
determined, the inadequate amount of breath must be considered a refusal to take the test.
CFPTA Agenda Packet 12/17/201530
6.TEST ACCURACY
To protect the integrity of the test and to ensure accurate results, the procedures for conducting
an alcohol breath test are rigorous. Alcohol tests are considered invalid when the following
occurs:
The external calibration check of the EBT produces a result outside the allowed tolerance levels.
A device other than a National Highway Traffic SafetyAdministration (NHTSA) approved EBT is
usedfor confirmation tests.
The BAT does not wait 15 minutes between the screening and confirmatory test.
A valid air blank test that registers 0.00 is not performed before each confirmation test.
The EBT fails to print the confirmation results, the sequential test number on the EBT is not the
same as the number on the printout, or the alcohol concentration displayed on the EBT is
different from what is printed out.
CFPTA Agenda Packet 12/17/201531
APPENDIX D - EFFECTS OF ALCOHOL
Alcohol isa socially acceptable drug that has been consumed throughout the world for centuries. It is
considered a recreational beverage when consumed in moderation for enjoyment and relaxation during
social gatherings.However, when consumed primarily for its physical and mood-altering effects, it is a
substance of abuse. As a depressant, it slows down physical responses and progressively impairs
mental functions.
1.SIGNS AND SYMPTOMS OF USE
Dulled mental processes
Lack of coordination
Odor of alcohol on breath
Possible constricted pupils
Sleepy or stuporous condition
Slowed reaction rate
Slurred speech
(Note: Except for the odor, these are general signs and symptoms of any depressant substance.)
2.HEALTH EFFECTS
The chronic consumption of alcohol (average ofthree servings per day of beer \[12 ounces\],
whiskey \[1 ounce\], or wine \[6 ounce glass\]) over time may result in the following health hazards:
Decreased sexual functioning
Dependency (up to 10 percent of all people who drink alcohol become physically and/or
mentally dependent on alcohol and can be termed “alcoholic”)
Fatal liver diseases
Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant
melanoma
Kidney disease
Pancreatitis
Spontaneous abortion and neonatal mortality
Ulcers
Birth defect (up to 54 percent of all birth defects are alcohol related).
3.SOCIAL ISSUES
Two-thirds of all homicides are committed by people who drink prior to the crime.
Two to three percent of the driving population is legally drunk at anyone time. This rate is
doubled at night and on weekends.
Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during
their lifetimes.
The rate of separation and divorce in families with alcohol dependency problems is 7
times the average.
Forty percent of family court cases are alcohol problem related.
Alcoholics are 15 time more likely to commit suicide than are other segments of the
population.
More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents and 76
percent of private aircraft accidents are alcohol related.
CFPTA Agenda Packet 12/17/201532
4.ANNUAL TOLL
24,000 people will die on the highway due to the legally impaired driver.
12,000 more will die on the highway due to the alcohol-affected driver.
15,800 will die in non-highway accident.
30,000 will die due to alcohol-caused liver disease.
10.000 will die due to alcohol-induced brain disease or suicide.
Up to another 125,000 will die due to alcohol-related conditions or accidents.
5.WORKPLACE ISSUES
It takes one hour for the average person (150 pounds) to process one serving of an alcoholic
beverage from the body.
Impairment in coordination and judgment can be objectively measured with as little as two
drinks in the body.
A person who is legally intoxicated is 6 times more likely to have an accident than a sober
person.
CFPTA Agenda Packet 12/17/201533
APPENDIX E – DEFINITIONS
The following definitions are used in reference to the terms as found in this policy. Some definitions (for
example, the definition of an accident) may differ from the definition for the same term used in other
Cape Fear Public Transportation Authority policies or procedures.
Accident: An occurrence associated with the operation of a vehicle even when not in revenue service, if
as a result:
a.An individual dies;
b.An individual suffers a bodily injury and immediately receives medical treatment away
from the scene of the accident; or,
c. One or more vehicles incur disabling damage as the result of the occurrence and is
transported away from the scene by a tow truck or other vehicle. For purposes of this
definition, disabling damage means damage which precludes departure of any vehicle
from the scene of the occurrence in its usual manner in daylight after simple repairs.
Disabling damage includes damage to vehicles that could have been operated but would
have been further damaged if so operated, but does not include damage which can be
remedied temporarily at the scene of the occurrence without special tools or parts, tire
disablement without other damage even if no spare tire is available, or damage to
headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative.
Adulterated specimen: A specimen that has been altered, as evidence by test results showing either a
substance that is not a normal constituent for that type of specimen or showing an abnormal
concentration of an endogenous substance.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols
contained in any beverage, mixture, mouthwash, candy, food, preparation or medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath as indicated by a
breath test under 49 CFR Part 40.
Aliquot:A fractional part of a specimen used for testing, it is taken as a sample representing the whole
specimen.
Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has not been
corrected, or which is cancelled. A canceled test is neither positive nor negative.
Confirmatory Drug Test: A second analytical procedure performed on a different aliquot of the original
specimen to identify and quantify the presence of a specific drug or metabolite.
Confirmatory Validity Test: A second test performed on a different aliquot of the original urine specimen
to further support a validity test result.
Covered Employee Under FTA Authority:An employee who performs a safety-sensitive function
including an applicant or transferee who is being considered for hire into a safety-sensitive function (See
Attachment A for a list of covered employees).
Covered Employee Under Company Authority: An employee, applicant, or transferee that will not
perform a safety-sensitive function as defined by FTA but is included under the company’s own authority.
(See Attachment A).
Designated Employer Representative (DER): An employee authorized by the employer to take
immediate action to remove employees from safety-sensitive duties and to make required decisions in
testing. The DER also receives test results and other communications for the employer, consistent with
the requirements of 49 CFR Parts 40 and 655.
CFPTA Agenda Packet 12/17/201534
Department of Transportation (DOT): For the purposes of Drug and Alcohol regulatory oversight, DOT is
the department of the federal government which includes the, Federal Transit Administration, Federal
Railroad Administration, Federal Highway Administration, Federal Motor Carriers’ Safety Administration,
Pipeline & Hazardous Materials Safety Administration, United States Coast Guard, and the Office of the
Secretary of Transportation.
Dilute specimen:A urine specimen with creatinine and specific gravityvalues that are lower than
expected for human urine.
Disabling damage: Damage which precludes departure of any vehicle from the scene of the occurrence
in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that
could have been operated but would have been further damaged if so operated, but does not include
damage which can be remedied temporarily at the scene of the occurrence without special tools or parts,
tire disablement without other damage even if no spare tire is available, or damage to headlights,
taillights, turn signals, horn, or windshield wipers that makes them inoperative.
Evidentiary Breath Testing Device (EBT): A Device approved by the NHTSA for the evidential testing of
breath at the 0.02 and the 0.04 alcohol concentrations. Approved devices are listed on the National
Highway Traffic Safety Administration (NHTSA) conforming products list.
Initial Drug Test: (Screening Drug Test) The test used to differentiate a negative specimen from one that
requires further testing for drugs or drug metabolites.
Initial Specimen Validity Test: The first test used to determine if a urine specimen is adulterated, diluted,
substituted, or invalid
Invalid Result: The result reported by an HHS-certified laboratory in accordance with the criteria
established by the HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted
result cannot be established for a specific drug or specimen validity test.
Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory Certification program as
meeting standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing
Programs; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under
this part.
Limit of Detection (LOD): The lowest concentration at which a measurand can be identified, but (for
quantitative assays) the concentration cannot be accurately calculated.
Limit of Quantitation: For quantitative assays, the lowest concentration at which the identity and
concentration of the measurand can be accurately established.
Medical Review Officer (MRO):A licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by the drug testing program who has knowledge of
substance abuse disorders, and has appropriate medical training to interpret and evaluate an individual's
confirmed positive test result, together with his/her medical history, and any other relevant bio-medical
information.
Negative Dilute: A drug test result which is negative for the five drug/drug metabolites but has a specific
gravity value lower than expected for human urine.
Negative result: The result reported by an HHS-certified laboratory to an MRO when a specimen
contains no drug or the concentration of the drug is less than the cutoff concentration for the drug or drug
class and the specimen is a valid specimen.
Non-negative test result: A urine specimen that is reported as adulterated, substituted, invalid, or positive
for drug/drug metabolites.
CFPTA Agenda Packet 12/17/201535
Oxidizing Adulterant: A substance that acts alone or in combination with other substances to oxidize
drugs or drug metabolites to prevent the detection of the drug or metabolites, or affects the reagents in
either the initial or confirmatory drug test.
Performing (a safety-sensitive function):A covered employee is considered to be performing a safety-
sensitive function and includes any period in which he or she is actually performing, ready to perform, or
immediately available to perform such functions.
Positive result: The result reported by an HHS- Certified laboratory when a specimen contains a drug or
drug metabolite equal or greater to the cutoff concentrations.
Prohibited drug: Identified as marijuana, cocaine, opiates, amphetamines (including ecstasy), or
phencyclidine at levels above the minimum thresholds specified in 49 CFR Part 40, as amended.
Reconfirmed: The result reported for a split specimen when the second laboratory is able to corroborate
the original result reported for the primary specimen.
Rejected for Testing: The result reported by an HHS- Certified laboratory when no tests are performed
for specimen because of a fatal flaw or a correctable flaw that has notbeen corrected.
Revenue Service Vehicles: All transit vehicles that are used for passenger transportation service.
Safety-sensitive functions:Employee duties identified as:
(1)The operation of a transit revenue service vehicle even when the vehicle is not in revenue
service.
(2)The operation of a non-revenue service vehicle by an employee when the operation of such a
vehicle requires the driver to hold a Commercial Drivers License (CDL).
(3)Maintaining a revenue service vehicle or equipment used in revenue service.
(4)Controlling the movement of a revenue service vehicle and
(5)Carrying a firearm for security purposes.
Split Specimen Collection: A collection in which the urine collected is divided into two separate bottles,
the primary specimen (Bottle A) andthe split specimen (Bottle B).
Substance Abuse Professional (SAP):A licensed physician (medical doctor or doctor of osteopathy) or
licensed or certified psychologist, social worker, employee assistance professional, state-licensed
marriage and family therapist, or drug and alcohol counselor (certified by the National Association of
Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification
Reciprocity Consortium/Alcohol and other Drug Abuse(ICRC) or by the National Board for Certified
Counselors, Inc. and Affiliates/Master Addictions Counselor (NBCC)) with knowledge of and clinical
experience in the diagnosis and treatment of drug and alcohol related disorders.
Substituted specimen:A urine specimen with creatinine and specific gravity values that are so
diminished or so divergent that they are not consistent with normal human urine.
Test Refusal:The following are considered a refusal to test if the employee:
(1)Fails to appear for any test (excluding pre-employment) within a reasonable time, as
determined by the employer, after being directed to do so by the employer
(2)Fails to remain at the testing site until the testing process is complete
(3)Fails to provide a urine or breath specimen for any drug or alcohol test required by Part 40
or DOT agency regulations
(4)In the case of a directly observed or monitored collection in a drug test, fails to permit the
observation or monitoring of your provision of a specimen
CFPTA Agenda Packet 12/17/201536
(5)Fails to provide a sufficient amount of urine or breath when directed, and it has been
determined, through a required medical evaluation, that there was no adequate medical
explanation for the failure
(6)Fails or declines to take a second test the employer or collector has directed you to take
(7)Fails to undergo a medical examination or evaluation, as directed by the MRO as partof
the verification process, or as directed by the DER as partof the ``shy bladder'' or “shy
lung” procedures
(8)Fails to cooperate with any partof the testing process (e.g., refuse to empty pockets when
so directed by the collector, behave in a confrontational way that disrupts the collection
process)
(9)If the MRO reports that there is verified adulterated or substituted test result
(10)Failure or refusal to sign Step 2 of the alcohol testing form
(11)Failure to follow the observer’s instructions during an observed collection including
instructions to raise your clothing above the waist, lower clothing and underpants, and to
turn around to permit the observer to determine if you have any type ofprosthetic or other
device that could be used to interfere with the collection process.
(12)Possess or wear a prosthetic or other device that could be used to interfere with the
collection process
(13)Admit to the collector or MRO that you adulterated or substituted the specimen.
Vehicle: A bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A public transit
vehicle is a vehicle used for public transportation or for ancillary services.
Verified negative test: A drug test result reviewed by a medical review officer and determined to have no
evidence of prohibited drug use above the minimum cutoff levels established by the Department of
Health and Human Services (HHS).
Verified positive test:A drug test result reviewed by a medical review officer and determined to have
evidence of prohibited drug use above the minimum cutoff levels specified in 49 CFR Part 40 as revised.
Validity testing: The evaluation of the specimen to determine if it is consistent with normal human urine.
Specimen validity testing will be conducted on all urine specimens provided for testing under DOT
authority. The purpose of validity testing is to determine whether certain adulterants or foreign
substances were added to the urine, if the urine was diluted, or if the specimen was substituted.
CFPTA Agenda Packet 12/17/201537
Monthly Passenger Summary
November 2015
Total Passengers Fixed Route
180,000 120,000
160,000
100,000
140,000
120,000 80,000
100,000
60,000
80,000
60,000 40,000
40,000
20,000
20,000
0 -
JulAugSepOctNovJulAugSepOctNov
2014/20152014/2015
94,390128,378164,496168,394133,92488,831101,346101,217109,96887,566
2015/20162015/2016
98,499117,851152,252146,292134,04492,75489,16391,83793,41486,068
ChangeChange
4.35%-8.20%-7.44%-13.13%0.09%4.42%-12.02%-9.27%-15.05%-1.71%
Seahawk Shuttle Paratransit
70,000
7,000
60,000
6,000
50,000
-
5,000
40,000
4,000
30,000
3,000
20,000
2,000
10,000
1,000
0
0
JulAugSepOctNov
JulAugSepOctNov
2014/2015
45322,16358,23553,20441,974
2014/20155,1064,8695,0445,2224,384
2015/201642123,98155,39547,15443,229
2015/2016
5,3244,7075,0205,7244,747
Change
-7.06%8.20%-4.88%-11.37%2.99%
Change4.27%-3.33%-0.48%9.61%8.28%
CFPTA Agenda Packet 12/17/201538
Passengers by Route November 2015
Fixed Route
No. NamePassengersTransfers
101Princess Place14,2022,075
103Oleander East6,5291,054
104Northeast4,831813
105Medical Center7,020899
106Shipyard Blvd5,707800
107College Road2,123258
108Market Street6,687915
201Carolina Beach Road8,7151,000
202Oleander West6,629651
203Trolley4,068
204Brunswick Connector2,037270
205Longleaf Park6,942596
207North3,048364
209Independence6,621643
301Pleasure Island909
TOTAL
86,06810,338
UNCW
701Blue3,763
712Teal3,154
702Green4,343
703Red4,488
704Yellow6,599
711Yellow Express6,447
705Loop1,512
707Red Express 11,266
709Loop Express 1,657
UNCW Total
43,229
Para-Transit Services
ADA Passengers
1,661
Non-ADA Passengers
3,086
Para-Transit Total
4,747
TOTAL PASSENGERS
134,044
CFPTA Agenda Packet 12/17/201539
FIXED ROUTEMONTHLYFiscal Year to Date
This Month
% Change
Ridership Statistics Current% ChangeCurrentPrior
Last Year
Total Bus Passenger Trips 82,000 83,972-2.35% 433,209 464,598-6.76%
Total Trolley Passenger Trips 4,068 3,59413.19% 20,027 24,330-17.69%
Total UNCW Passenger Trips 43,229 41,9742.99% 170,180 176,029-3.32%
Total Fixed Route Passenger Trips 129,297 129,540-0.19% 623,416 664,957-6.25%
Average Weekday Passenger Trips 5,744 6,025-4.67%
Average Saturday Passenger Trips 2,275 2,03811.60%
Average Sunday Passenger Trips 1,065 9769.12%
Operating Statistics - Fixed Route
Total Revenue Miles 106,303 101,1615.08% 516,043 519,343-0.64%
Total Revenue Hours 7,751 7,2916.30% 36,794 36,866-0.20%
Accidents Non Preventable2 4-50.00% 8 11 -27.27%
Accidents Preventable
03-100.00%19-88.89%
Passenger Trips/Revenue Mile 1.22 1.28-5.02%1.211.28-5.65%
Passenger Trips/Revenue Hour 16.68 17.77-6.11%16.9418.04-6.06%
Operator Overtime11.96%0.07%16985.71%
Farebox Revenue and Pass Sales$ 75,838$ 75,847-0.01%$409,689$420,586-2.59%
Average Fare per Bus Passenger$ 0.88$ 0.871.73%$0.90$0.865.08%
PARATRANSITMONTHLYFiscal Year to Date
This Month
% ChangeCurrentPrior% Change
Ridership Statistics Current
Last Year
Total ADA Passenger Trips1,6611,33324.61%8,7597,03824.45%
Total Non ADA Passenger Trips3,0863,0511.15%18,31417,5874.13%
Total Paratransit Passenger Trips4,7474,3848.28%27,07324,6259.94%
Average Weekday Passenger Trips2202190.23%
Average Saturday Passenger Trips633866.32%
Average Sunday Passenger Trips218157.50%
Operating Statistics - Paratransit
Total Revenue Miles36,39732,07713.47%206,367184,28511.98%
Total Revenue Hours2,4211,67544.54%11,9459,59924.44%
Accidents Non Preventable000.00%300.00%
Accidents Preventable120.00%440.00%
Passenger Trips/Revenue Mile0.130.14-4.57%0.130.13-1.82%
Passenger Trips/Revenue Hour1.962.62-25.09%2.272.57-11.65%
Operator Overtime2.38%2.47%-3.64%
WavePool
Passengers33329413.27%2,1931,55640.94%
Revenue Miles3,4706,174-43.80%20,54032,205-36.22%
Revenue Hours73106-31.32%470584-19.52%
Special Services
Greyhound Ticket Revenue$4,160$1,822128.32%$14,760$12,00622.94%
Amtrak Passengers235247-4.86%1,4321,06334.71%
Horizon Revenue$490$1,224-59.97%$3,370$4,698-28.27%
CFPTA Agenda Packet 12/17/201540
Cape Fear Public Transportation Authority
Statement of Operating Position
Date : 7/1/2015 - 11/30/2015
Budget Scenario : 2016 (2) (Board Adopted Original)
ActualBudget Variance42%Annual
GL account
Operating revenues
Farebox revenues532,285528,3333,95242%1,268,000
Passes79,59991,667(12,068)36%220,000
Contracted services
Fixed Route152,809175,000(22,191)36%420,000
Para-Transit296,138275,83320,30545%662,000
Total: Operating revenues1,060,8311,070,833(10,002)41%2,570,000
Nonoperating revenues
Subsidies
Federal grants1,494,9651,477,98216,98342%3,547,157
State grants12,469314,563(302,094)2%754,950
Subsidy from primary government
City of Wilmington1,285,000535,417749,583100%1,285,000
New Hanover County-114,583(114,583)0%275,000
Subsidy from other governments101,25041,82359,427101%100,375
Local Government Pledged to Capital-(6,250)6,2500%(15,000)
Other Income60,89646,25014,64655%111,000
Total: Subsidies2,954,5802,524,368430,21349%6,058,482
Total: Revenues and Subsidies 4,015,4113,595,201420,21047%8,628,482
Operating expenses
Salaries and wages
Fixed Route1,327,9771,361,75233,77541%3,268,204
Para-Transit230,855273,02742,17235%655,266
Taxes and benefits
Taxes114,111126,53212,42138%303,677
Benefits406,145433,78327,63839%1,041,078
Fuels and lubricants274,195394,750120,55529%947,400
Maintenance475,931224,427(251,504)88%538,624
Tires48,22456,4588,23436%135,500
Communications & Utilities61,46466,4174,95339%159,400
Professional services185,060176,175(8,885)44%422,820
Other services67,64042,136(25,504)67%101,126
Insurance
Liability & Property216,251144,375(71,876)62%346,500
Auto161,504120,000(41,504)56%288,000
Worker Comp101,37587,917(13,458)48%211,000
Office supplies and expenses22,93017,583(5,347)54%42,200
Marketing3,30420,70817,4047%49,700
Other expenses56,32449,161(7,163)48%117,987
Total: Operating expenses 3,753,2903,595,201(158,089)43%8,628,482
Net Results 262,121
Fund Balance Contributions
City of Wilmington157,822157,822-157,822
New Hanover County-157,822(157,822)157,822
Total: Fund Balance Contributed157,822315,644157,822315,644
CFPTA Agenda Packet 12/17/201541
CFPTA Agenda Packet 12/17/201542
CFPTA Agenda Packet 12/17/201543
CFPTA Agenda Packet 12/17/201544
CFPTA Agenda Packet 12/17/201545