Daly City Municipal Code Div. III Controlled Substance and Alcohol Testing

* For state law as to the requirement that the city mandate employers of taxicab or handicapped serving van drivers to conduct controlled substance and alcohol testing, see Government Code Section 53075.5.

Employment, or an offer of employment, of a taxicab or handicapped serving van driver shall include compliance by the employer or owner-operator with all of the following requirements, and shall be a condition of issuance of a driver's permit pursuant to this chapter.

A. The certificate holder shall notify the chief of police or his or her designee, upon termination of employment of any driver.

B. The certificate holder shall conduct a mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements:

1. Each driver shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Each driver shall test negative for these controlled substances and for alcohol as a condition of driver's permit renewal. As used in this section, a negative test for alcohol means an alcohol screening test blowing a breath alcohol concentration of less than 0.02 percent.

2. Testing procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, 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 Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.

3. A test in another jurisdiction shall be accepted as meeting the same requirement of this section. Any negative test result shall be accepted for one year as meeting the requirement of periodic permit renewal testing or any other periodic testing if the driver has not tested positive subsequent to a negative result. However, an earlier 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.

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

5. 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.

(Ord. 1278 § 3 (part), 2000)