Chicago Police DepartmentEmployee Resource E01-10
Random, Reasonable Suspicion, and Post-Accident Drug and Alcohol Testing of Department Members with Commercial Driver’s Licenses
Issue Date:21 February 2012Effective Date:21 February 2012
Rescinds:Version dated 11 November 2005; A05-08
Index Category:Employee Rights and Responsibilities
I.Purpose
This directive:
  • A.informs Department members of a program for random, reasonable suspicion, return-to-duty, and post-accident drug and alcohol testing of Department members with Commercial Driver's Licenses (CDL) who fall within the provisions of United States Department of Transportation (USDOT) guidelines.
  • B.provides guidance for any Department member who is required to participate in the random and post-accident drug and alcohol testing program for CDL holders.
  • C.continues the use of the City of Chicago procedural manuals entitled "DOT Drug and Alcohol Testing Guide for CDL Holders" and "DOT Drug and Alcohol Testing for CDL Holders Supervisor Forms and Procedures."
III.General Information
  • A.All City employees who are required to have a CDL and operate CMVs for the Department are governed by the regulations set forth by the USDOT. In compliance with USDOT regulations, the City of Chicago has established a procedure which provides for the random, reasonable suspicion, post-accident, return-to-duty, and follow-up drug and alcohol testing of eligible City employees.
  • B.Any Department member who is required to have a CDL and operates a CMV for the Department on either a full time, occasional, intermittent, or casual basis will be subject to testing under the guidelines and procedures of this program in compliance with federal law and regulations.
  • C.The City of Chicago will provide the USDOT-required training for supervisory personnel participating in this program. The training will include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and the use of a controlled substance.
  • D.Any testing administered in compliance with the policies and procedures promulgated by the City will not necessarily preclude any additional testing normally required by existing Department directives.
  • E.The City of Chicago has developed two manuals entitled "DOT Drug and Alcohol Testing Guide For CDL Holders" and "DOT Drug and Alcohol Testing For CDL Holders Supervisor Forms and Procedures." These manuals outline the specific procedures and policies governing employees affected by the program. Department members should refer to these manuals or contact the Department Drug Liaison Officer when seeking an interpretation of the rules of this program.
IV.Responsibilities and Procedures
  • A.Department Members
    • 1.Eligible members will:
      • a.receive the booklet entitled "DOT Drug and Alcohol Testing Guide For CDL Holders" and acknowledge receipt of the booklet by writing his or her signature on the City's Acknowledgment Form.
      • b.fully cooperate with the provisions of the testing process. Failure to cooperate, tampering with breath or urine specimens, or any other activities designed to interfere with or impede the testing procedures may be used as the basis for seeking separation of the responsible member.
    • 2.Each member who is required to participate in this program will be familiar and comply with the procedures and policies written in the manual entitled "DOT Drug and Alcohol Testing Guide For CDL Holders."
    • 3.When a member is notified of his or her selection for testing through this program, he or she will report immediately to the Department Drug Liaison Officer. The member will be required to complete the City’s DOT Drug and Alcohol Testing For CDL Holders Notice of Drug and Alcohol Random Testing form at the Random Drug Testing Section of the Chicago Police Department.
  • B.Supervisors
    • 1.Supervisors who regularly oversee eligible members who operate CMVs on a daily basis or supervisors who are directed by an exempt member will be required to receive the USDOT-mandated training of this program.
      NOTE:
      District commanders and unit commanding officers will ensure that supervisors who oversee Department members who operate CMVs participate in the USDOT-required training.
    • 2.Only supervisors who have completed the mandatory supervisory training can make “reasonable suspicion” determinations under the USDOT regulations and order members to be tested through this program.
    • 3.Each supervisor affected will be familiar and ensure compliance with the procedures and policies written in the manuals entitled "DOT Drug and Alcohol Testing Guide For CDL Holders" and "DOT Drug and Alcohol Testing For CDL Holders Supervisor Forms and Procedures."
  • C.The Commanding Officer, Random Drug Testing Section is designated as the Police Department Drug Liaison Officer and will:
    • 1.comply with the procedures and policies outlined in the City's information and instruction booklets entitled "DOT Drug and Alcohol Testing Guide For CDL Holders" and the "DOT Drug and Alcohol Testing For CDL Holders Supervisor Forms and Procedures."
    • 2.develop and maintain a list of Police Department members subject to participation in this program.
    • 3.maintain a sufficient supply of the City's "DOT Drug and Alcohol Testing Guide For CDL Holders" and "DOT Drug and Alcohol Testing for CDL Holders Supervisor Forms and Procedures" booklets and related forms necessary to fulfill the needs of the affected units within the Department.
    • 4.receive from the City of Chicago, Department of Human Resources, notifications for Department members who have been randomly selected for drug testing. Upon receipt of this notification, the Police Department Drug Liaison Officer will:
      • a.notify the affected member's unit designated supervisor.
      • b.record the name and star number of the designated supervisor notified and the date and time of the notification.
      • c.ensure that the City of Chicago, Department of Human Resources, is notified of any member who is unable to report to the testing facility for any reason. This notification will be made no later than one hour after receiving the City’s initial notification.
      • d.ensure that the selected member completes the City’s "DOT Drug and Alcohol Testing for CDL Holders Notice of Drug and Alcohol Random Testing" form.
      • e.inform the member of the site to which he or she must report for testing as designated by the City of Chicago.
    • 5.forward any original forms (e.g., “DOT Drug and Alcohol Testing for CDL Holders Notice of Drug and Alcohol Random Testing”), completed in compliance with the policies and procedures of this program, to the City of Chicago, Department of Human Resources. The City of Chicago, Department of Human Resources, will forward copies of such forms to the Department’s Human Resources Division only in those instances wherein the Department initiates disciplinary action against the affected member.
    • 6.receive notifications of the presence of alcohol in the breath sample or the presence of a controlled substance in the urine specimen of a member and follow the procedures outlined in the Department directive entitled "Complaint and Disciplinary Procedures."
  • D.Unit commanding officers will:
    • 1.determine, from the criteria in Item III-B, which members under their command must participate in this program.
    • 2.ensure that each eligible participant:
      • a.receives a copy of the "DOT Drug and Alcohol Testing Guide For CDL Holders."
      • b.signs and completes the City's "Acknowledgment Form" attesting that the member has received a copy of the "DOT Drug and Alcohol Testing Guide For CDL Holders.
    • 3.forward any original forms (for example, CDL Policy Acknowledgment Form), completed in compliance with the policies and procedures of this program, to the City of Chicago, Department of Human Resources. The City of Chicago, Department of Human Resources, will forward copies of such forms to the Department’s Human Resources Division to be retained in the member’s Unit Personnel File only in those instances wherein the Department initiates disciplinary action against the affected member.
    • 4.submit a To-From-Subject report, through channels, to the Commanding Officer, Random Drug Testing Section listing any supervisor under their command who meets the criteria established in Item IV-B of this directive and has not received training by the City in the procedures and policies of this program.
    • 5.ensure that the Human Resources Division receives a comprehensive list which includes each Department member under their command who must participate in this program and advise the Human Resources Division of any changes.
    • 6.maintain a supply, necessary to fulfill the needs of their unit, of the City’s "DOT Drug and Alcohol Testing Guide For CDL Holders" and "DOT Drug and Alcohol Testing for CDL Holders Supervisor Forms and Procedures" booklets and related forms in an accessible location within their unit.
  • E.Human Resources Division will maintain a file indicating all Department members who are either subject to testing or trained supervisors familiar with the policies and procedures of the program. From this file, a report will be generated listing each eligible member and be forwarded to both the City of Chicago, Department of Human Resources, and the Commanding Officer, Random Drug Testing Section.
  • F.The Records Division will retain copies (for example, CDL Policy Acknowledgment Form) in the member’s Personnel File only when the Department initiates disciplinary action against the affected member.
(Items indicated by italics/double underline were revised)
Garry F. McCarthy
Superintendent of Police
03-161/12-003 RDR/PMD