[Ord. No. 55-1999, § I, 2-16-1999]
(a)
The City is committed to a drug- and alcohol-free workplace. In order
to ensure the safety of its employees and the general public, as well
as compliance with federal regulations, the City has adopted the policy
set forth in this article. The specific regulation which mandates
alcohol and substance testing is title 29 Code of Federal Regulations
parts 391 and 394.
(b)
The City takes pride in its employees who perform critical duties
in a truly effective manner with safety foremost in their minds. The
substance abuse policy strengthens the City's commitment to a safe
workplace.
[Ord. No. 55-1999, § II, 2-16-1999]
(a)
The personnel director has been designated by the City as the alcohol/drug
testing program administrator. In this function, the personnel director
will be responsible to answer any questions from drivers, employees
or the public in general.
(b)
The program administrator will handle all information on all tests
as confidential. The program administrator may provide such information
as necessary to enable the appropriate department head to take the
proper actions as warranted. The program administrator may also release
test information to the City's employee assistance professional to
use to evaluate and recommend appropriate followup.
[Ord. No. 55-1999, § III, 2-16-1999]
The objectives of the substance abuse program are to:
(1)
Provide employees with access to confidential counseling and/or rehabilitation
programs and detect illegal and unauthorized substance abuse and contraband
in the workplace.
(2)
Reduce the opportunities for accidents and injuries and prevent damage
to property.
(3)
Improve productivity, ensure quality and minimize employee absenteeism
and tardiness.
[Ord. No. 55-1999, § IV, 2-16-1999]
(a)
This article will apply to all regular full-time, part-time and temporary
employees who are required to hold a commercial driver's license (CDL)
for their positions. Compliance with this article will also be required
of successful job applicants, who will be hired contingent on passing
both drug and alcohol tests.
(b)
All covered employees shall receive a copy of the substance abuse
policy, as well as a copy of the educational materials covered in
the employee education session on substance abuse.
[Ord. No. 55-1999, § V, 2-16-1999]
The following substances will be tested for to determine their
presence:
[Ord. No. 55-1999, § VI, 2-16-1999]
All commercial driver's license employees subject to alcohol
and drug testing must be in compliance with this article at all times
while working for the City. This will include all time spent operating
commercial vehicles, as well as time spent maintaining or repairing
these vehicles.
[Ord. No. 55-1999, § VII, 2-16-1999]
Employees covered by this article may use prescription drugs
and over-the-counter medication, provided:
(1)
The prescription drug or its generic equivalent must have been prescribed
to the employee within the past 12 months by an authorized medical
practitioner.
(2)
Employees shall not consume prescribed drugs more often than as prescribed
by the employee's physician, and shall not allow any other person
to consume the prescribed drug.
(3)
Any employee who has been informed that the medication could cause
adverse side effects while working shall inform his supervisor prior
to using these substances. The City at all times reserves the right
to have a licensed physician determine if use of a prescription drug
or medication by an employee produces an adverse effect. If such a
finding is made, the City may notify the employee's doctor (with permission)
to determine if other medications are available which would not seriously
affect the employee's ability to work safely. If an appropriate substitute
medicine is not available, the City may have to limit or suspend the
employee's work activities to non-safety-sensitive duties.
[Ord. No. 55-1999, § VIII, 2-16-1999]
All commercial driver's license employees who come under this
article shall be tested for alcohol and/or controlled substances under
the following circumstances:
(1)
Preemployment testing. Alcohol and drug tests will be conducted when
an offer is made to hire an employee for a commercial driver's license
position. The offer for employment will be contingent on the applicant
passing these tests. This includes existing employees who are applying
for commercial driver's license positions.
(2)
Random tests. Testing will be conducted on a random unannounced basis.
The number of annual drug tests shall equal 50% of the number of commercial
driver's license required positions, while the number of annual alcohol
tests shall equal 25% of the commercial driver's license required
positions. The City has entered into an agreement with a third party
administrator (TPA) to randomly select the commercial driver's license
employees for testing and then notify the program administrator of
the persons chosen. Random alcohol testing must be conducted just
before, during or just after a driver's performance of safety-sensitive
duties. Random drug testing does not have to be conducted in immediate
time proximity to performing safety-sensitive functions.
(3)
Post-accident testing. Employees will be alcohol and drug tested
in all accidents involving a fatality. The employee will also be tested
if he receives a summons for a moving traffic violation and must receive
medical treatment away from the accident scene, or the employee receives
a violation and a vehicle must be towed, regardless of responsibility.
(4)
Reasonable suspicion testing. All employees who exhibit to two trained
supervisors signs and symptoms of alcohol and/or drug abuse while
on the job, prior to reporting to work or just after work will be
required to submit to an alcohol and/or drug test. The supervisors
shall document the specific facts, symptoms or observations by completing
a "Reasonable Suspicion Record" form. If an employee suspects a supervisor
of substance abuse, the employee will notify the department head,
personnel director, safety director or City administrator of the employee's
suspicions. The personnel director or department head will act in
accordance with the appropriate sections of this article. All employee
reports will be kept strictly confidential. Anonymous complaints will
not be investigated.
(5)
Return-to-work testing. An employee who previously tested positive
must submit to an alcohol test and drug test to return to duty. The
results must be negative to return to work.
(6)
Followup testing. An employee who previously tested positive and
has returned to duty must submit to a combination of at least six
alcohol and drug tests during the first year after returning to work.
Followup tests will be unannounced and may continue for up to 60 months
after returning to work, not to exceed 12 a year.
[Ord. No. 55-1999, § IX, 2-16-1999]
(a)
The City contracts with a third party administrator to do the City's
alcohol and substance abuse testing. When an employee has been randomly
selected, he will be notified by his appropriate supervisor and both
will proceed directly to the testing area. All randomly selected individuals
must comply with the testing.
(b)
Sampling for substance abuse testing shall only be conducted in a
medical facility supervised by a licensed physician or nurse. Employees
and job applicants for commercial driver's license positions shall
not be required to provide a urine sample while being observed, directly
or indirectly, by another individual. People shall leave any personal
belongings, including any unnecessary clothing, coat, jacket or similar
outer garment, outside the collection area.
(c)
All specimen samples shall be collected, sealed and stored in compliance
with the National Institute on Drug Abuse (NIDA) guidelines as required
by federal law, and transported to a licensed and certified laboratory
for actual testing. Additionally, the chain of custody requirements
for these samples shall also be in accordance with NIDA guidelines
and federal law in order to protect the sample from being tampered
with and to verify the identity of each sample and test result. When
the sample is first collected, a portion of the sample shall be segregated
according to federal regulations. If there is a positive test with
the first sample, the segregated sample may be requested by the employee
for testing within 72 hours after the employee is notified by the
medical review officer of the positive test, to confirm the accuracy
of the results. This request should be made to the medical review
officer. The employee shall pay the cost of testing the segregated
sample if the test is positive, and the City shall pay the cost if
the test is negative. Applicants shall pay the cost of testing the
segregated sample, regardless of the test results. If the employee
is aware of a situation that may have led to the positive test, such
as taking of prescription or other medicines, he should make the fact
known to the medical review officer within the required time after
notification of a positive test.
(d)
The City shall utilize the services of a medical review officer to
interpret any confirmed positive test. A medical review officer is
a licensed physician who is responsible for receiving the laboratory
results. The medical review officer has knowledge of substance abuse
disorders and has appropriate medical training to interpret and evaluate
an individual's medical history and any other medical information.
The medical review officer shall have the authority to discuss an
employee's test result with the employee prior to notifying the City.
Once the employee has been notified and the medical review officer
is satisfied with the accuracy of the test results, the City shall
be notified.
(e)
All alcohol testing will be conducted with a breath testing device
(EBT). Tests will be administered by the same medical facility as
the substance testing. Two breath tests are required to determine
if a person has an unacceptable alcohol concentration. A screening
test is conducted first. Any result less than 0.02 alcohol concentration
is considered a negative test. If the alcohol concentration is 0.02
or greater, a second confirmation test must be conducted within 15
minutes. The employee and the individual conducting the breath test
shall complete the alcohol testing form to ensure that the results
are properly recorded. Any individual who conducts the testing must
be trained to operate the EBT and be proficient in the breath testing
procedures.
[Ord. No. 55-1999, § X, 2-16-1999]
(a)
During the time that the City's commercial driver's license employees
are performing their work, they shall not do any of the following:
(1)
Report to work and/or remain on duty with an alcohol concentration
of 0.04 or greater.
(2)
Possess any alcohol.
(3)
Use any alcohol.
(4)
Use any alcohol within four hours of going on duty.
(5)
Use any alcohol within eight hours after an accident which has
required the commercial driver's license employee to be tested for
alcohol concentration.
(6)
Refuse to submit to a required alcohol and/or controlled substance
test.
(7)
Report to or remain on duty when using any controlled substance,
except when used under a physician's orders and when the physician
has informed the commercial driver's license employee in writing that
the use will not affect the safe operation of a commercial vehicle.
In the case of a written warning by a physician, the employee shall
report this to his supervisor immediately.
(8)
Report to or remain on duty if the employee has tested positive
for controlled substances.
(b)
Failure to comply with this section is a violation of this article
and will result in disciplinary action or referral to a certified
rehabilitation program.
[Ord. No. 55-1999, § XI, 2-16-1999]
Failure to submit to testing as required by this article will
automatically be considered a verified positive test and the employee
will have to follow the procedures outlined in this article. Specifically,
the following circumstances will be considered a refusal to test:
[Ord. No. 55-1999, § XII, 2-16-1999]
(a)
Any employee who violates this article may be subject to disciplinary
action, up to and including dismissal. Factors to be considered in
determining the appropriate disciplinary response include but are
not limited to the following: the employee's work history, length
of employment, current job performance and existence of past disciplinary
actions.
(b)
Specific actions which may be subject to dismissal include but are
not limited to the following:
(1)
The employee has refused to submit to a rehabilitation program
after testing positive.
(2)
The employee has failed to successfully complete a rehabilitation
program after receiving a positive test.
(3)
The employee has twice substituted, adulterated, diluted or
otherwise tampered with his urine sample.
(4)
While on City premises, the employee was caught drinking alcohol
or using, manufacturing, distributing, dispensing, selling or possessing
any illegal or unlawfully obtained substances or drugs.
(5)
The employee has used alcohol while on City premises. This includes
a conviction for driving while intoxicated during work hours.
(6)
The employee has failed to contact the City's approved substance
abuse clinician (employee assistance provider) within five regular
working days after being notified of a confirmed (medical review officer
certified) positive test for the use of an un-authorized substance.
(c)
Any permanent employee who tests positive the first time for either
alcohol or substance misuse will be offered an opportunity for rehabilitation.
Rehabilitation cost will be at the expense of the employee and his
insurance company. The offer of rehabilitation does not apply to job
applicants, temporary employees or probationary employees.
(d)
Employees who test positive a second time will be suspended immediately
without pay and terminated after being notified of the second confirmed
(medical review officer certified) positive test for the use of an
unauthorized substance.
(e)
Employees who are found to have an alcohol concentration of 0.02
or greater, but less than 0.04, will be placed on unpaid leave for
a minimum of 24 hours.
(f)
During the period the City is awaiting an employee's test result
due to a post-accident or reasonable suspicion circumstance, the City
reserves the right to place an employee on paid or unpaid suspension.
[Ord. No. 55-1999, § XIII, 2-16-1999]
(a)
It is the responsibility of each employee to seek help before alcohol
and drug problems lead to disciplinary action.
(b)
In the event of a positive test result, employees and job applicants
shall have the opportunity to present an alternative explanation for
the test result by contacting the medical review officer. This shall
be done no later than five days after notification of the result.
No further action will be taken if there is a justified explanation,
or if there is a reasonable doubt as to the accuracy of the result
or chain of custody of the sample.
(c)
Any employee or job applicant with a positive test result may also,
upon written request within five working days, have the right to any
information relating to the test result and procedures.
(d)
Any permanent employee who tests positive for a first offense and
cannot provide a satisfactory explanation will be offered employee
assistance provider referral to a certified rehabilitation program.
(e)
Any first offense referral may require an indefinite suspension of
regular employment or the transfer of the employee to a non-safety-sensitive
position with an appropriate reduction in pay. If the position is
in a lower pay classification, then the employee will remain in his
current step, but with a reduction in classification which would result
in a reduced pay until admission to and completion of an approved
drug/alcohol treatment program and the satisfactory passing of a return-to-work
substance abuse test. A determination as to whether an employee is
placed in another position or placed on unpaid suspension may be based
on factors such as but not limited to who is responsible for and/or
the severity of the accident, if applicable, the observed condition
of the employee, if applicable, the level of the test result, the
employee's work history, length of employment, current job performance
and the existence of past disciplinary actions. The employee may use
accumulated sick or vacation time or personal time during the inpatient
rehabilitation.
(f)
Upon successfully completing the rehabilitation program, as determined
by the rehabilitation or treatment provider in consultation with the
City, the employee is entitled to return to his previous job with
full pay and benefits. The exception would be if conditions unrelated
to the employee's previous test make the employee's return impossible.
(g)
Any subsequent second offense positive test will result in immediate
suspension without pay and termination after being notified of a second
confirmed (medial review officer certified) positive test for the
use of an unauthorized substance.
[Ord. No. 55-1999, § XIV, 2-16-1999]
Unless the employee or applicant consents, all information acquired
by the City in the testing process under this article is confidential
and may not be released to any person other than the employee or applicant
who is tested, the program administrator, and respective department
heads or designees, as well as the employee assistance provider or
rehabilitation provider. This section shall not prevent the release
of information that is required or permitted by state or federal law,
or the use of information in a grievance procedure, administrative
hearing or civil action relating to the imposition of the test or
the use of the test results.
[Ord. No. 55-1999, § XV, 2-16-1999]
(a)
The City will provide each employee subject to this article a copy
of the written substance abuse policy. The City will also provide
printed material which describes the effects of alcohol and/or controlled
substances on the individual's health, work and personal life, as
well as information on the signs and symptoms of alcohol or controlled
substances. In addition, the City will provide annual training for
affected employees on substance abuse awareness.
(b)
Any employee who wishes to seek personal and confidential advice
on alcohol and/or controlled substances may contact the City's employee
assistance provider.
