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CITY COUivCIL <br /> I I ••s CITY AND COUNTY OF HONOLULU pay <br /> <br /> O• HONOLULU, HAWAII NO. ` - tits <br /> RESOLUTION <br /> URGING THE GOVERNOR AND THE MAYORS OF THE COUNTIES OF THE STATE <br /> TO COLLECTIVELY ESTABLISH A STATEWIDE, UNIFORM ALCOHOL AND <br /> SUBSTANCE ABUSE TESTING POLICY IN APPLICABLE LABOR AGREEMENTS FOR <br /> PUBLIC EMPLOYEES IN SAFETY-SENSITIVE POSITIONS. <br /> WHEREAS, Title 49, Part 382, Code of Federal Regulations, <br /> hereinafter referred to as "Part 382," requires all commercial <br /> driver's licensed (CDL) drivers to be subject to testing for <br /> certain controlled substances ("drugs") and for alcohol use and <br /> that those CDL drivers who have failed alcohol and/or drug tests <br /> to obtain treatment recommended by substance abuse professionals; <br /> and <br /> WHEREAS, Part 382 places the primary responsibility of <br /> obtaining compliance with these testing requirements on the <br /> employers of these drivers, including the State of Hawaii and its <br /> counties; and <br /> WHEREAS, currently, the procedures for determining and/or <br /> imposing disciplinary action on public employees employed by the <br /> State or the counties are subject to collective bargaining <br /> pursuant to Section 89-9(d), Hawaii Revised Statutes, as amended; <br /> and <br /> WHEREAS, public employees in safety-sensitive positions <br /> include fire fighters, police officers, CDL drivers, and others, <br /> and most of these safety-sensitive employees are subject to <br /> alcohol and drug testing pursuant to federal regulations of Part <br /> 382 or the Collective Bargaining Agreements/Memoranda of <br /> Agreements (collectively, "Agreements") between the State, the <br /> counties, and the applicable labor unions; and <br /> WHEREAS, each Agreement authorizes different bases for <br /> testing (e.g., reasonable suspicion, random, back-to-work and/or <br /> post-accident testing) and different levels of testing (e.g., 25 <br /> percent, 50 percent, or 100 percent of employees to be tested <br /> annually); and <br /> WHEREAS, because Part 382 only requires CDL drivers to <br /> undergo alcohol and drug testing, there may be non-CDL public <br /> employees who drive public vehicles and are not subject to such <br /> testing; and , <br /> WHEREAS, the State and the four counties should strive to <br /> provide a statewide, uniform alcohol and drug testing policy for <br /> public employees in safety-sensitive positions, irrespective of <br /> their labor union representation in order to best ensure the safe <br /> OCS00664.R97 <br /> <br />