1.Each taxicab 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 the driver’s annual permit renewal. As used in this section, a negative test for alcohol means an alcohol screening test showing 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 each 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 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 of the Code of Federal Regulations.

3.A test in one jurisdiction shall be accepted as meeting the same requirement in the City or in any other jurisdiction. 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 the City or any other jurisdiction, 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.In the case of a self-employed independent driver, the test results shall be reported directly to the Regional Taxi Authority, and the Authority shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the driver’s employer, who shall immediately notify the Authority of the results.

5.All tests are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

6.Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. In all other cases, taxicab owners and employers of drivers 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 employer may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.

7.Taxicab owners, employers of drivers, and self-employed independent drivers shall pay all service charges, fees, or assessments established by the Regional Taxi Authority with respect to the owner’s employees and potential employees in an amount sufficient to pay for the Authority’s costs of carrying out the mandates of this section.

8.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.

9.For purposes of this section, “employment” includes self-employment as an independent driver or owner/operator of a taxicab. (Ord. 3450 § 1, 2010. Formerly 36-37)