[Ord. No. 03-28 §1(1), 9-16-2003]
A.
This
policy becomes effective September 17, 2003, for all employees of
the City of Albany, Missouri.
B.
The
City of Albany, Missouri, referred to hereafter as "employer", believes that a drug-free environment is important to the health
and safety of their employees and customers. In order to achieve that
goal, the following policy and procedures have been adopted in regard
to drug and alcohol abuse and testing for drug and alcohol abuse in
employees and applicants.
C.
In
the case of employees who may be subject to call-back on holidays,
weekends and after duty hours, it is possible that use of alcohol,
prescription or over-the-counter medications may cause the employee
to function in a manner which could be unsafe or harmful to him/her
self or others.
D.
Employees
who are officially "on call" during hours which would normally not
be working hours are to abstain from drugs and alcohol during that
time.
E.
Employees
who are not assigned official "on call" status should notify the supervisor
upon emergency call-back if they do not believe they are able to perform
the duties necessary because of use of medications or alcohol. Employees
who are not "on call" will not be disciplined or be subject to retaliation
for such disclosure.
[Ord. No. 03-28 §1(2), 9-16-2003]
[Ord. No. 03-28 §1(3), 9-16-2003]
As used in this Article, the following words shall have the
meanings set out below:
Any event which results in:
Death or personal injury requiring inpatient hospitalization,
or
Damage to employer-owned vehicle, equipment or machine in excess
of one thousand dollars ($1,000.00), where the employee may be at
fault, or where employee fault cannot be completely ruled out, or
An event which may result in a Workman's Compensation claim,
or
An event which the employer believes to be significant, even
if it does not meet any of the above criteria.
A test for alcohol, using breath, conducted using a NHTSA
certified evidentiary breath testing device (EBT) and performed by
a breath alcohol technician who has been trained.
A chemical analysis utilizing urine or breath samples to
determine the presence of prohibited drugs listed below.
Confirmation of a test result which shows positive evidence
of the presence of alcohol or a prohibited drug in the employee's
system for which there is no legal or legitimate reason.
Initial or confirmation testing does not show evidence of
alcohol or a prohibited drug in an employee's system.
Currently the following drugs are prohibited while an employee
is engaged in City business, while using City equipment or acting
as an employee of the City: Marijuana, cocaine, amphetamines, methamphetamines,
PCP (angel dust), opiates and alcohol.
[Ord. No. 03-28 §1(4), 9-16-2003]
A.
Upon
being notified that a drug test is required, an employee will report
as soon as possible to the drug testing collection personnel and provide
at the employer's direction:
1.
A sample of his/her urine, and/or
2.
A sample of his/her hair, and/or
3.
Submit to a breath test using an evidential breath testing device
to detect alcohol.
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All testing will be performed in accordance with the guidelines
set forth in this policy. A photo ID is required for identification
purposes.
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B.
Employees
have the right to see photo identification from collection personnel
before testing. Collectors are employees of the UCI Consortium, or
have been contracted by UCI Consortium, and will comply with all requirements
set forth in this policy in regard to collection and chain of custody
of samples.
C.
Collectors
are persons who have successfully completed training using materials
supplied by the Department of Transportation.
D.
Employees
are subject to drug testing in the following circumstances:
1.
Pre-employment. All covered employees will be pre-employment
drug tested and receive a negative test result before beginning work.
2.
Post-accident.
a.
Within two (2) hours after an accident (as defined in this policy),
any employee whose performance may have been a contributing factor
in the accident, or whose performance cannot be completely discounted
as a contributing factor to the accident, shall be tested for drugs
and alcohol.
b.
The employer may decide not to test because an employee's performance
could not have contributed to the accident or because the time between
performance and accident would make a test useless in determining
whether performance was affected by drug or alcohol use.
c.
If an employee who is subject to post-accident testing is conscious,
able to provide an adequate breath sample and urinate normally (in
the opinion of a medical professional), and refuses to be tested,
that employee shall be considered to have tested positive and treated
as any other employee who tests positive.
d.
In the case of an unconscious employee, or one who is unable to consent
to the procedure, testing will not be done.
3.
Reasonable cause.
a.
The employer will drug and/or alcohol test an employee when there
is reasonable cause to believe that employee is using a prohibited
drug or alcohol while on duty. There must be reasonable and articulable
reasons for testing based on specific physical, behavioral or performance
indicators of probable drug or alcohol use. Examples of this are evidence
of repeated errors on the job, rule violations or unsatisfactory time
and attendance patterns, coupled with a specific contemporaneous event
that indicates probable drug or alcohol use.
b.
At least two (2) supervisors, one (1) of whom is trained in detection
of symptoms of possible drug and alcohol use, will agree on the decision
to test. If two (2) supervisors are not available at the job site,
a consultation between two (2) supervisors may be held by telephone
in order to obtain a consensus to test.
4.
Random. All employees are part of a random pool
for the purpose of random drug testing. Employees will be chosen for
testing at the beginning of each calendar quarter and will be tested
for substance abuse sometime during the calendar quarter. Employees
will be tested at a random rate equal to fifteen percent (15%) of
the employees in the pool per year. Selection will be done using a
computer based random number generation program and the numbers selected
will be matched with numbers assigned to employees. Employees chosen
will be notified no more than one-half (½) hour in advance
that they will be required to provide a urine sample for testing.
5.
Sweep. Sweep tests may be conducted at any time
requested by management. When a sweep test is done, all employees
of the City of Albany, Missouri, will be required to provide a sample
for testing.
6.
Any employee who refuses to take a drug or alcohol test will be terminated.
E.
Inability To Provide A Urine Sample. If the employee is
unable to provide a urine specimen, the collection personnel will:
F.
Retention Of Samples.
1.
Samples that yield positive results must be retained by the laboratory
in properly secured, long-term frozen storage for at least three hundred
sixty-five (365) days.
2.
Within that three hundred sixty-five (365) day period, the employee
or the employee's representative, representatives of the City of Albany,
Missouri, or representatives of the UCI Consortium may request that
the laboratory retain the sample for an additional period. If within
the three hundred sixty-five (365) days period the laboratory has
not received a proper written request to retain the sample for a further
reasonable period specified in the request, the sample may be discarded
following the end of the three hundred sixty-five (365) day period.
G.
Retesting Of Samples.
1.
If the MRO determines that there is no legitimate medical reason
for a confirmed positive test result, other than unauthorized use
of a prohibited drug, the original sample must be retested if the
employee makes a written request for retesting within seventy-two
(72) hours of receipt of the final test result from the MRO.
2.
The employer may require the employee to pay in advance for the cost
of shipping (if any) and reanalysis of the sample, but the employee
will be reimbursed if the retest is negative.
3.
Retesting will be done utilizing the frozen portion of the original
or split sample provided by the employee which the lab has retained.
Since some analytes may deteriorate during storage, detected levels
of the drug or alcohol below the detection limits established in this
policy, but equal to or greater than the established sensitivity of
the assay must, as technically appropriate, be reported and considered
corroborative of the original positive result.
H.
Refusal To Provide A Specimen. Any employee who fails to
report for collection or refuses to provide a specimen after being
informed that a test is required will be considered to have failed
a drug or alcohol test, unless the employee has a legitimate, verifiable
reason for failure to report or test.
[Ord. No. 03-28 §1(5), 9-16-2003]
A.
The
duties of the Medical Review Officer (MRO) are to interpret, evaluate
and monitor the employer's drug and alcohol testing program. Specifically,
the MRO will:
1.
Review the results of drug testing before they are reported to the
employer. The MRO shall not consider the results of urine samples
that are not obtained or processed in accordance with all the procedures
set forth in this policy and the attendant procedures.
2.
Review and interpret confirmed positive tests to determine if there
is an alternative legitimate medical explanation which would account
for the positive result by:
a.
Conducting a medical interview with the employee tested. The MRO
will first attempt to contact the employee directly. If the employee
cannot be reached directly, the MRO will call the employer and ask
that the employee call the MRO.
b.
Review employee's medical history and relevant medical factors.
c.
Review all medical records made available by employee to determine
if positive test resulted from legally prescribed medication.
d.
Verify that lab report and assessment are accurate and require reanalysis
if necessary.
3.
If the MRO determines after appropriate review that there is no legitimate
medical explanation for the confirmed positive test result other than
unauthorized use of prohibited drugs or alcohol, the MRO shall report
the test back to the employer as positive.
a.
Test results will be sent by mail (marked as personal and confidential)
to the designated employer contact and the employee shall be offered
the same options offered to any other employee who tests positive.
(See Summary Section at end of Plan)
b.
In order to verify a positive result for opiates, the MRO shall either
determine that there is clinical evidence of unauthorized use of opiates
or that the laboratory GC/MS testing confirms the presence of 6-monocetylmorphine.
4.
After a review of the chain of custody for collections, laboratory
inspection reports, quality assurance and quality control data and
other drug test results, the MRO may conclude that a particular drug
test result is scientifically insufficient for further action, or
that a positive test result is consistent with legal drug or alcohol
use. Under those circumstances, the MRO should conclude that the test
is negative for the presence of a prohibited drug or drug metabolite
in an individual's system and report the test result to the employer
as negative.
5.
Before making the determination that a test is scientifically insufficient,
the MRO may request a reanalysis of the specimen or may consult with
the laboratory individual responsible for day-to-day management of
the urine testing laboratory, another employee who is a forensic toxicologist
or who has equivalent forensic experience.
6.
The MRO may verify a test as positive without having communicated
directly with the employee under the following circumstances:
a.
The employee expressly declines to discuss the test.
b.
The employer contact has made and documented a contact with the employee
and instructed the employee to contact the MRO and more than five
(5) days have passed since the employer contact with the employee
and the employee has not contacted the MRO.
[Ord. No. 03-28 §1(6), 9-16-2003]
A.
Inspections. The employer utilizing the laboratory, DHHS
or any organization performing laboratory certification on behalf
of DHHS shall have the right to inspect the laboratory at any time.
Employer contacts with the lab shall permit the employer to conduct
unannounced inspections.
B.
Analysis Procedures.
1.
Security and chain of custody.
a.
The testing laboratory shall be secure at all times with sufficient
security measures in place to control access and ensure that no unauthorized
personnel handle specimens or gain access to laboratory processes
or areas where records are stored.
b.
Lab shall use chain of custody procedures to maintain control and
accountability of specimens from receipt through completion of testing,
reporting of results, during storage, and continuing until final disposition
of specimens.
2.
Reporting results.
a.
The lab shall report test results to the MRO within an average of
five (5) working days after receipt of the specimen by the lab. Before
any result is reported, it shall be reviewed and the test certified
as an accurate report by a responsible individual. The report shall
identify:
b.
The lab shall report as negative all specimens which are negative
on the initial or confirmatory test. Only specimens confirmed positive
shall be reported as positive for a specific drug or alcohol.
c.
The MRO may request from the lab, and the lab shall provide, quantitation
of test results. The MRO shall report whether a test is positive or
negative and may report the drug(s) for which there was a positive
test but shall not disclose the quantitation results to the employer.
The MRO may reveal the quantitation of a positive test to the employer,
employee or applicant or decision maker in a lawsuit, grievance or
other proceeding initiated by or on behalf of the employee or applicant
and arising from a verified positive drug or alcohol test.
d.
The lab may transmit results to the MRO by electronic means in a
manner designed to ensure confidentiality. Results may not be provided
verbally by telephone. The laboratory and employer must ensure the
security of the data transmission and limit access to any data transmission,
storage and retrieval system.
e.
The lab shall make available copies of all analytical results for
employer drug testing programs when requested.
f.
Unless otherwise instructed by the employer in writing, all records
pertaining to a given urine specimen shall be retained for a minimum
of two (2) years.
C.
Personnel To Testify At Proceedings. The lab shall have
qualified personnel available to testify in an administrative or disciplinary
proceeding against an employee when that proceeding is based on positive
urinalysis results reported by the lab.
D.
Retention And Reanalysis Of Samples.
1.
Samples that test positive will be retained by the laboratory in
properly secured long-term frozen storage for at least three hundred
sixty-five (365) days. Within the three hundred sixty-five (365) day
period, the employee or a representative of the employee, the employer
or a representative of the employer may request that the laboratory
retain the sample for an additional period.
2.
If, within the three hundred sixty-five (365) day retention period,
the laboratory has not received a proper written request to retain
the sample for an additional period specified in the request, the
sample may be discarded following the end of the three hundred sixty-five
(365) day period.
3.
If the MRO determines there is no legitimate medical reason for a
confirmed positive test result other than unauthorized use of a prohibited
drug or alcohol, the original sample must be retested if the employee
makes a written request within seventy-two (72) hours of receipt of
the final test result from the MRO.
4.
The employee may specify retesting by the original laboratory or
by a second (2nd) DHHS certified laboratory. The employer may require
that the employee or applicant pay in advance for shipping (if any)
and reanalysis of the sample, but the employee must be reimbursed
if the retest result is negative.
5.
If the employee specifies retesting by a second (2nd) DHHS certified
lab, the original laboratory must follow approved chain-of-custody
procedures in transferring a portion of the sample.
6.
Since some analytes may deteriorate during storage, levels of the
drug or alcohol below the detection limits established in DOT procedures,
but equal to or greater than the established sensitivity of the test,
must be reported and considered corroborative of the original positive
results.
7.
Retests are not subject to a specific cutoff requirement but must
provide data sufficient to confirm the presence of the drug or metabolite.
[Ord. No. 03-28 §1(7), 9-16-2003]
A.
The
employer will provide the following drug abuse information and education
to all employees in a packet of information to be given to existing
employees at the time the policy becomes effective and to new employees
as they are hired:
1.
Informational material about drug and alcohol use will be displayed
and distributed in offices and work areas of employees covered by
this policy.
2.
A community service hotline telephone number for employee assistance
will be displayed and distributed in offices and work areas of employees
covered by this policy.
3.
Copies of the employer's policy on use of prohibited drugs will be
displayed in offices and work areas of employees covered by this policy.
4.
Supervisors who will determine whether an employee must be drug tested
based on reasonable cause will have one (1) hour of training on recognizing
physical, behavioral or performance indications of possible drug use
and one (1) hour of additional training in recognizing signs and symptoms
of possible alcohol use.
5.
Information about testing procedures used will be displayed and distributed
in offices and work areas of employees covered by this policy.
6.
Information about the availability and contact numbers for rehabilitation
programs will be displayed and distributed in offices and work areas
of employees covered by this policy.
[Ord. No. 03-28 §1(8), 9-16-2003]
A.
Records
that demonstrate the collection process conforms to the requirements
of this policy will be kept for at least three (3) years. Records
will be kept by the City Administrator or someone designated by the
City Administrator.
B.
Records
showing that employees failed a drug test and the type of test failed
will be kept for at least five (5) years and will include the following
information:
C.
Records
showing that employees passed a drug test will be kept for at least
one (1) year.
D.
A record
of the number of employees tested, by type of test, will be kept for
at least five (5) years.
E.
Records
showing training for supervisors and employees under this policy will
be kept for at least three (3) years. Training records will include
copies of all training materials.
[Ord. No. 03-28 §1(9), 9-16-2003]
A.
All
records concerning drug or alcohol abuse testing results and rehabilitation
will be maintained as private and confidential. This includes testing
records of applicants for jobs and current and former employees. Records
will be kept by Derek Brown or someone designated by Derek Brown.
B.
Written
records and test results will be kept in a locked, secure area with
access limited to personnel listed in the provisions below.
C.
Only
the MRO, laboratory and Derek Brown shall have access to results of
individual tests. Individual results will not be disclosed to anyone
else, including subsequent employers, without the express written
permission of the individual tested.
1.
The MRO may disclose information to the employer or a physician for
determining the medical qualification of an employee if, in the MRO's
reasonable medical judgment, the information indicates that continued
performance by the employee of his/her function could pose a significant
safety risk.
2.
Before obtaining medical information as part of the verification
process, the MRO shall inform the employee that information may be
disclosed to a third (3rd) party as provided in this policy and the
identity of any parties to whom information may be disclosed.
3.
Except as provided above, the MRO shall not disclose to any third
(3rd) party medical information provided by the individual to the
MRO as a part of the testing verification process.
D.
Employees
will be notified as to who will receive test data before testing is
done.
E.
Any
employee who is subject to a drug or alcohol test shall, upon written
request, have access to any records relating to his/her test and any
records relating to the results of any relevant certification, review
or revocation of certification proceedings.
F.
The
laboratory shall release information on drug test results only to
the MRO or the individual tested. The MRO may reveal quantification
results to the Consortium contact, the employer or a decision maker
in the case of a lawsuit or grievance initiated by or on behalf of
the employee and arising from a confirmed positive test.
[Ord. No. 03-28 1(10), 9-16-2003]
A.
The
policy above has been adopted to further the objective of providing
a safe and productive environment for employees and an effective,
safe service to customers.
B.
Any
employee who is arrested for driving while intoxicated or under the
influence of drugs or for selling drugs shall report such arrest to
their supervisor or the human resources department within ten (10)
working days.
C.
Suspension
or revocation of a driver's license shall be reported to the employee's
supervisor within ten (10) working days. Disciplinary action will
not necessarily be taken because of an arrest, but because of the
sensitive nature of the work performed by City of Albany, Missouri
personnel, it is necessary that City of Albany, Missouri be aware
of situations which may involve the safety of clients, fellow employees
and the general public.
D.
No
employee with a suspended or revoked driver's license shall operate
City-owned vehicles or equipment, and no supervisor or foreman shall
knowingly allow an employee with a suspended or revoked driver's license
to operate City-owned vehicles or equipment.
E.
Any
employee who uses, distributes or possesses illegal substances will
be subject to discharge for misconduct due to violation of City policy.
F.
Use,
sale or distribution of prohibited substances on job sites or City
property will be a basis for discharge of the employee for misconduct
due to violation of City policy.
G.
Refusal
to take a drug or alcohol test in accordance with the terms of this
policy at any time during your employment will result in dismissal
for misconduct due to violation of City policy.
H.
Any
employee covered by this policy who fails a drug or alcohol test will
immediately be dismissed for misconduct due to violation of City policy.
