Concord Municipal Code Art. II Drug and Alcohol Testing

(a) As used in this section, the following definitions shall apply:

Controlled substance. Those substances specified in part 40 (commencing with section 40.1) of title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended.

Negative test for alcohol. An alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

(b) Drivers shall test negative for each of the controlled substances specified in part 40 (commencing with section 40.1) of title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of granting a permit or permit renewal of their driver’s permit issued by the Police Department.

(c) Testing procedures shall be substantially as in part 40 (commencing with section 40.1) of title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended, except that the driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return to duty and follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as in part 382 (commencing with section 382.101) of title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended.

(d) The holder of an owner’s permit, or an applicant therefor, shall be responsible for ensuring that all persons employed by them as drivers, all applicants who have been offered positions of employment as drivers, and all persons to whom vehicles are leased to be used as taxicabs have provided the Police Department with satisfactory proof of compliance with the drug and alcohol testing of drivers employed by them.

(e) Taxicab companies approved to operate in the city shall be responsible for the cost of drug and alcohol testing of drivers employed by them.

(f) Each taxicab driver applicant shall submit satisfactory proof of a negative test result, that was obtained within two months prior to the submission of an application for a driver’s permit or for renewal of a driver’s permit, for controlled substances and for alcohol to the Police Department before a permit to conduct a taxicab business shall be issued. No driver’s permit shall be granted unless such proof has been submitted.

(g) Persons holding a valid business license shall, within 30 days of the expiration date thereof, submit satisfactory proof to the Treasurer of a negative test for controlled substances and for alcohol for each driver indicated on their annual business license renewal.

(h) Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return to duty and follow-up testing.

(i) Test results shall be reported directly to the employing transportation operator, who shall, within five days of receipt of negative results, notify the Police Department.

(j) The driver’s permit of any person convicted of illegally using, possessing, selling, or driving under the influence of any controlled substance or alcohol shall be subject to suspension or revocation pursuant to the provisions of this Code.

(k) A test in any jurisdiction shall be accepted as meeting the requirements of this section. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in any jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an alternative negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program, other than periodic testing.

(l) Upon the request of a driver applying for a permit, the Police Department shall provide the driver with a list of the consortia certified pursuant to part 382 (commencing with section 382.101) of title 49 Code of Federal Regulations that the city knows offer tests in or near the jurisdiction.

(m) All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

(n) No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.

(Code 1965, § 6314; Code 2002, § 118-46. Ord. No. 854; Ord. No. 11-7)