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HomeMy WebLinkAboutRES 960227-V - Revise Fitness for DutyWHEREAS, the City Council desires to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by City employees; improving productivity, and promoting the health and welfare of citizens, visitors, and employees; and WHEREAS, the Texas Workers' Compensation Act requires the adoption of a drug abuse policy by each employer with 15 or more employees; and WHEREAS, the Federal Highway Administration, Department of Transportation, requires the adoption of a controlled substances and alcohol use testing program by employers who have at least one employee who is required to have a commercial driver's license and performs safety sensitive functions (49 CFR Part 40, 382, 390, 392, &395); and, WHEREAS, the Federal Government requires recipients of federal grants to comply with the provisions of the Drug Free Workplace Act; and WHEREAS, the City Council wishes to adopt a policy in compliance with State and Federal law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council finds that this resolution implements Finance Policy #1, which states, "All municipal operations are conducted in an efficient business -like manner"; and Governmental Affairs Policy #1 of the Century Plan -Policy Plan Element, which states, "The City cooperates with all other entities which provide services in the community"; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Resolution No. V40,7,92- y Page 1 of 2 SECTION 2. The attached Exhibit"A", relating to "Fitness for Duty Policy Statement on Controlled Substances and Alcohol Use and Testing" is hereby approved by the City Council of the City of Georgetown, Texas. SECTION 3. The Mayor is hereby authorized to execute, and the City Secretary to �zttest t,�Iereto. SECTIQN 4. This resolution shall be effective immediately upon adoption. RESOLVED this 27th day of February, 1996. ATTEST: THE CITY OF GEORGETOWN: <Y Sandra Lee, City Secretary Leo Wood, Mayor APPROVED AS TO FORM: Marianne Landers Banks, City Attorney 1996 FITNESS FOR DUTY POLICY Resolution No.& Page 2 of 2 EEEXHIBIT "A" CITY OF GEORGETOWN, TEXAS FITNESS FOR DUTY POLICY STATEMENT ON CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING In accordance with Department of Transportation Controlled Substances and Alcohol Use and Testing Regulations (49 CFR Part 40, 382, 390,392, & 395) To establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by City employees. This policy also complies with the Federal Highway Administration, Department of Transportation, Controlled Substances and Alcohol Use and Testing Regulations. An incident involving a City vehicle or equipment, or a private vehicle being used on City business, in which there is either a fatality, an injury treated at or away from the scene, or a vehicle is required to be towed from the scene, due to disabling damage. Controlled substances as tested for in a drug screening test (a chemical analysis test) include, but are not limited to, detection of drugs from the following drug classes (these include both legal prescription and illegal drugs): 2.1 Amphetamine (e.g., Methamphetamine, Speed, Crystal) 2.2 Cocaine metabolites 2.3 Opiate metabolites (e.g., Codeine, Heroin, Morphine, Hydromorphone, Hydrocodone) 2.4 Phencyclidine (PCP) 2.5 Marijuana metabolites (Cannabinoids/THC) An individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device (EBT). Fitness for Duty Policy Pg 1 of 19 Rev. 2/22/96 & Exh d'b i N B. DEFINITIONS (cont.) 4. Evidential Breath Testing Device (EBT) A device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Product's List (CPL) of Evidential Breath Measurement Devices" and identified on the CPL as conforming with the model specifications available from NHTSA. The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test; for blood tests, which is grams of alcohol per 100 milliliters of blood. 14- a "I meTiel I I The consumption of any beverage, mixture or preparation, including any medication, containing alcohol. A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: 7.1 Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or 7.2 Has a gross vehicle weight rating of 26,001 or more pounds; or 7.3 Is designed to transport 16 or more passengers, including the driver; or 7.4 Is of any size and is used in the transportation of hazardous materials requiring placards, under Hazardous Materials Regulations (49 CFR part 172 subpart F). (See Appendix I for a list of typical City commercial vehicles and departments affected by DOT regulations). The United States Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services. �31111111111T =W011 =-I I no& 110 A a -.1 - An agency of the United States Department of Transportation administering regulations related to drug or alcohol testing. Fitness for Duty Policy Pg 2 of 19 Rev. 2/22/96 W W,Cgs. '7470 Aa7- V E Xh ibi i r"/? " z 11 HIMSIDIN's •• - Any employee who, as part of his or her job description or assigned job duties, is required to hold a Commercial Drivers License (CDL). This includes, but is not limited to: any person who operates a commercial motor vehicle; full time, regularly employed commercial drivers; casual intermittent or occasional commercial drivers. Leased drivers and independent, owner - operated contractors who are either directly employed by or under lease to the City or who operate a commercial motor vehicle at the direction of or with the consent of the City must also be in compliance with DOT regarding CDL holders. For the purposes of pre -duty testing, the term CDL holder includes current employees who transfer to a position that requires a commercial drivers license or performs a safety -sensitive function. City Personnel Policies and Procedures extends the DOT testing requirements to include all regular and volunteer Fire Division personnel whose job description requires a Class A or B driver's license. HUMS= Includes all City CDL holders and all City employees who operate a City vehicle, or private vehicle on City business. In alcohol testing, an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in his or her system. In controlled substances testing, an immunoassay screen to eliminate "negative" urine specimens from further consideration. Ii 1 0 1 1 to . 6 For alcohol testing., a second test, following a screening test with a result of 0.02 or greater. A confirmation test shall be performed more than 15 but less than 30 minutes following the screening test. For controlled substances testing, a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy. 14. Final Results If the screening and confirmation test results are not identical, the confirmation test result is deemed to be the final result. Fitness for Duty Policy Pg 3 of 19 Rev. 2/22/96 weffipl N ZT4TH-4 "mol i FrIT-41 I ivi I iLq is A licensed physician (Medical Doctor or Doctor of Osteopathy) responsible for receiving laboratory results generated by the City's drug testing program who has knowledge of substance abuse disorders, and has appropriate medical training to interpret and evaluate an individual's verified positive test results together with his or her medical history and any other relevant biomedical information. A licensed Physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified Psychologist, or Social Worker, or Employee Assistance Professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances -related disorders. UML��M Means all time from the time an employee begins to work or is required to be in readiness to work, until the time he or she has been relieved from work and all responsibility for performing work including time performing safety -sensitive functions. The following functions are defined as safety -sensitive by DOT when performed by CDL holders: 18.1 All time spent at a carrier or shipper plant, terminal, facility, or other property or on any public property, waiting to be dispatched, unless the CDL holder has been relieved from duty by the supervisor; 18.2 All time spent inspecting, servicing, or conditioning any commercial motor vehicle at any time; 18.3 All time spent at the driving controls of a commercial motor vehicle in operation; 18.4 All time spent, other than driving time, on or in a commercial motor vehicle except time spent resting in a sleeper berth; 18.5 All time spent loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded-, 18.6 All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle. Fitness for Duty Policy Pg 4 of 19 Rev. 2/22/96 0 B. DEFINITIONS •; 19. Performing a Safety -sensitive Function A CDL holder is considered to be performing a safety -sensitive function during any period in which the CDL holder is actually performing, ready to perform, or immediately able to perform any safety -sensitive functions. .111 1 . I I I I I III II;!I 1 MIMI M 20.1 When an employee fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; 20.2 When an employee fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; or 20.3 When an employee engages in conduct that clearly obstructs the testing process, including, but not limited to, a refusal to sign the breath alcohol testing form certification when requested, after step 2 of the testing procedure. If the employee refuses to sign the certification after step 4 of the testing procedure, it shall not be regarded as a refusal to test. The BAT shall note the employee's failure to sign in the "Remarks" section. 1. The following prohibitions apply to all City of Georgetown employees: (Any violation is subject to disciplinary action, up to and including termination, in accordance with Personnel Policies and Procedures or other action as prescribed by DOT for commercial drivers). 1.1 An employee shall not use, possess, sell or provide alcohol or controlled substances to any other employee or to any person while such an employee is on duty or on call unless the employee is required as a part of his or herjob to legally possess alcohol or controlled substances. 1.2 A supervisor having actual knowledge that an employee is using, possessing, selling or providing alcohol or controlled substances to any other employee or to any person while such an employee is on duty or on call unless the employee is required as a part of his or her job to legally possess alcohol or controlled substances shall not permit the employee to perform or continue to perform any duties. The supervisor shall coordinate with Human Resources regarding further actions. 1.3 An employee shall not report for duty or remain on duty while having an alcohol concentration of 0.02 or greater. Fitness for Duty Policy Pg 5 of 19 Rev. 2/22/96 5 1pes. ?& OvIR 7- V Fxhib;i (�Alo C. PROHIBITIONS (cont.) 1.4 A supervisor having actual knowledge that an employee has an alcohol concentration of 0.02 or greater shall not permit the employee to perform or continue to perform any duties. The supervisor shall coordinate with Human Resources regarding further actions. 1.5 An employee shall not use alcohol within 4 hours prior to coming on duty. 1.6 A supervisor having actual knowledge that an employee has used alcohol within 4 hours prior to coming on duty shall not permit the employee to perform or continue to perform any duties. The supervisor shall coordinate with Human Resources regarding further actions. 1.7 A City driver who is required to take a post -accident alcohol test shall not use alcohol for 8 hours or until undergoing a required post -accident alcohol test, whichever occurs first, in accordance with DOT requirements and/or Personnel Policies and Procedures. 1.8 The supervisor of a City driver who is required to take a post -accident alcohol test shall inform that employee not to use alcohol for 8 hours following the accident or until undergoing a required post -accident alcohol test, whichever occurs first. The supervisor shall not permit the employee to perform or continue to perform any duties until the employee receives a verified negative test result. 1.9 A City driver shall not refuse to submit to an alcohol or controlled substances test when required by DOT regulations and/or Personnel Policies and Procedures. A refusal is considered a positive test. 1.10 A supervisor shall not permit an employee who refuses to submit to an alcohol or controlled substances test to perform or continue to perform any duties. The supervisor shall coordinate with Human Resources regarding further actions. 1.11 An employee shall not report for duty, or remain on duty, when using or testing positive for any controlled substance (except under instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform his or her job safely). 1.12 A supervisor having actual knowledge that an employee has used a controlled substance and/or has a verified positive test for a controlled substance shall not permit the employee to perform or continue to perform any duties. The supervisor shall coordinate with Human Resources regarding further actions. Fitness for Duty Policy Pg6 of 19 Rev. 2/22/96 6 -ReS. %0,2d,7-11 Exh;b;-� "A " Jill Iffill1i The City shall maintain records required to be kept by these regulations in a secure manner that assures that disclosure to unauthorized persons does not occur. The City will not release information contained in these records except under one of the following circumstances: 1.1 An employee is entitled to obtain copies of records pertaining to his or her use of alcohol or controlled substances. 1.2 The City must make records available upon request, to DOT or other regulatory agency having jurisdiction over the City or the CDL holder. 1.3 Records must be made available to a subsequent employer upon receipt of a written request from the employee. 1.4 The City may release information to a judge or other decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee and arising from the results of an alcohol and/or controlled substances test. 1.5 The City must release information to an identified person upon the receipt of written consent of the employee. Supervisors must complete at least one hour of training on alcohol misuse and one hour of training on controlled substances use including how to determine whether reasonable suspicion exists to require alcohol and controlled substances testing. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. MIWMH�• All employees must receive at least one hour training on the policies and procedures of the alcohol and controlled substances testing program. Fitness for Duty Policy Pg 7 of 19 Rev. 2/22/96 7 b The City shall provide educational material that explains the requirements of the program and the City's Policies and Procedures with respect to meeting these requirements. Each employee is required to sign for receipt of the material. Before performing an alcohol or controlled substance test, the supervisor must give an employee oral and written notification that the test is required by law and/or City Personnel Policies and Procedures. 1.1 All applicants who have received a conditional offer of employment are required to take a pre-employment controlled substances screening test. An employee shall not be hired prior to a verified negative controlled substances test result. 1.2 Prior to the first time a CDL holder performs safety -sensitive functions for the City, the CDL holder shall undergo pre -duty testing for controlled substances in accordance with DOT regulations. The City shall not allow a CDL holder to perform a safety -sensitive function unless the CDL holder has received a verified negative controlled substances test result from the Medical Review Officer. 1.3 Current employees transferring to a position requiring a commercial driver's license must be tested in accordance with DOT regulations for controlled substances and obtain a verified negative test result before performing a safety -sensitive function. 2.1 As soon as practical following an accident involving a City vehicle, or a private vehicle on City business, the City shall test for alcohol and controlled substances each surviving City driver when: 2.1 a A vehicle accident involves loss of any human life (regardless of who appears to have been at fault); and/or 2.1 b The City driver receives a citation for a moving traffic violation arising from an accident involving injuries and/or towed vehicles. Fitness for Duty Policy Pg 8 ofl9 Rev. 2/22/96 Exhibi It A It E. TYPES OF DRUG AND SUBSTANCE ABUSE 2. Post -accident • • • • 2.2 City Drivers Re• • 2.2a A City driver who is subject to post -accident testing is considered to have refused to submit to testing when: He or she unnecessarily leaves the scene of an accident before a required test is administered or fails to remain readily available for testing. (This is not intended to delay necessary medical attention for injured people following an accident or to prohibit a City driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care). 2.2b The City driver subject to post -accident alcohol testing must refrain from consuming alcohol for 8 hours following the accident, or until he or she submits to a post- accident alcohol test, whichever comes first. 2.2c A City driver who is required to take a post -accident controlled substances and/or alcohol test will, at the City's discretion, either be assigned to a non safety -sensitive function, or placed on non -disciplinary leave with pay, while awaiting the post- accident test results. 2.3 Supervisor's Responsibilities: 2.3a Supervisors shall provide all City drivers with necessary post -accident information procedures and instructions, prior to the drivers operating a City vehicle. 2.3b Supervisors are responsible for ensuring that City drivers are transported to the testing facility within a reasonable time. 2.3c A post -accident alcohol test is required to be administered within 2 hours of the accident. If not, the supervisor shall prepare a record stating the reasons for not administering the test, then forward the record to Human Resources. 2.3d A post -accident alcohol test is required to be administered within 8 hours of the accident reasonable suspicion. In addition to the record required under part E2.3c, if the post -accident alcohol test is not administered within 8 hours of the accident, the supervisor shall prepare a second record stating the reasons for not administering the test, then forward the record to Human Resources. The City shall cease attempts to administer an alcohol test after 8 hours. Fitness for Duty Policy Pg9of19 Rev. 2/22/96 E. PES OF DRUG AND SUBSTANCE ABUSE TESTS . Post -accident testing process 2.3 Supervisor's Responsibilities (cont.) 2.3e If a controlled substances test is required, the test must be done within 32 hours of the accident; if not, the supervisor shall prepare a record stating the reasons for not administering the test, then forward the record to Human Resources. The City shall cease attempts to test after 32 hours. 2.4 The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section provided such tests conform to applicable Federal, State or local requirements, and that the results of the tests are obtained by the supervisor. The City shall randomly select a number of CDL holders for testing at least four times per calendar year to ensure that CDL holders performing safety -sensitive functions are not impaired. The random testing for alcohol and controlled substances shall be performed in accordance with the following procedures: 3.1 The tests will be unannounced with the dates spread reasonably throughout the calendar year. The selection of drivers for random alcohol and controlled substance testing shall be made by a scientifically valid method which ensures that each CDL holder shall have an equal chance of being tested each time selections are made by the City's contracted testing agency. 3.2 For alcohol testing, a minimum annual percentage rate of 25 percent of the City's CDL holders will be selected for testing. 3.3 For controlled substances testing, a minimum annual percentage rate of 50 percent of the City's CDL holders will be selected for testing. 3.4 Human Resources will provide the supervisors with the names of the CDL holders from their department that have been randomly selected by the City's contracted testing agency. The selection will remain confidential from the CDL holder until the supervisor notifies the CDL holder in accordance with DOT requirements. 3.5 In the event that a CDL holder, who is selected for a random test, is on vacation or an extended medical absence, the City can either notify the contracted testing agency to select another CDL holder for testing or keep the original selection confidential and wait until the CDL holder returns. Fitness for Duty Policy Pg 10 of 19 Rev. 2/22/96 10 ® IrA is i � E. TYPES OF DRUG AND SUBSTANCE ABUSE TEST 3. Random (cont.) 3.6 The supervisor must give the CDL holder both oral and written notification of selection for random testing and obtain written acknowledgment of notification from the CDL holder. (see Appendix II for notification form). 3.7 The supervisor shall notify each selected CDL holder for random alcohol testing just before, during or just after he or she is performing a safety -sensitive function (see definition #18, pg. 4, Fitness for Duty Policy). If the CDL holder is in the process of performing a safety -sensitive function, the supervisor shall ensure that the CDL holder ceases to perform the safety -sensitive function and proceeds to the testing facility immediately. The supervisor is responsible for ensuring that the employee is quickly transported to allow for testing within 2 hours of employee notification. 3.8 The supervisor shall notify each CDL holder selected for random controlled substances tests anytime the CDL holder is on duty. If the CDL holder is in the process of performing a safety -sensitive function, the supervisor shall ensure that the CDL holder ceases to perform the safety -sensitive function and proceeds to the testing site immediately. All City employees are subject to reasonable suspicion testing for controlled substances and alcohol abuse based on objective facts and/or observable on -duty behavior sufficient to lead a trained, reasonably prudent supervisor to suspect that an employee is under the influence of controlled substances and/or alcohol so that an employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his or her job safely is reduced. Employees engaged in activities prohibited by part C of this policy are also subject to testing. 4.1 The determination that reasonable suspicion exists to require the employee to undergo an alcohol or controlled substances test must be based on specific, contemporaneous, articulable observations concerning appearance, behavior, speech or body odor. The observations may include indications of the chronic and withdrawal effects of controlled substances. 4.2 The observations must be made by a supervisor or official who is trained in determining if reasonable suspicion of controlled substance or alcohol misuse exists. Managers and supervisors will receive ongoing training in identifying substance abuse and all employees will participate in substance abuse awareness sessions. An alcohol test will be administered if the observations are made while the employee is on - duty. If a CDL holder is directed by the supervisor to undergo reasonable suspicion testing while performing, just about to perform, or just after performing safety -sensitive functions, then DOT reporting requirements must be met. Fitness for Duty Policy Pg 11 of 19 Rev. 2/22196 E. TYPES OF DRUG AND SUBSTANCE ABUSE TESTS 4. Reasonable Suspicion (cont.) 4.3 Any supervisor requesting an employee to submit to a reasonable suspicion controlled substances and/or alcohol test will document, in writing, the facts constituting reasonable suspicion that the employee in question is under the influence of a controlled substance and/or alcohol, and what triggered the event - including date, time and location (see form Appendix 111). 4.4 The supervisor will meet with the employee, explain reasons for requesting the controlled substances and/or alcohol test then coordinate with Human Resources during normal business hours. If after hours, the supervisor coordinates directly with the contracted agency for testing. The supervisor is responsible for ensuring that the employee is quickly transported to the testing facility to allow for testing within 2 hours of employee notification. 4.5 An alcohol test required by this section must administered within 2 hours following the determination of reasonable suspicion. If an alcohol test required by this section is not administered within 2 hours following the determination of reasonable suspicion the supervisor shall prepare a record stating the reasons the alcohol test was not promptly administered, then forward the record to Human Resources. 4.6 In addition to the record required under part E4.5, if an alcohol test required by this section is not administered within 8 hours following the determination of reasonable suspicion, the supervisor shall prepare a second record stating the reasons for not administering the test then forward the record to Human Resources. The City shall cease attempts to administer an alcohol test after 8 hours. 4.7 If a controlled substances test is required, the test must be done within 32 hours following determination of reasonable suspicion; if not, the supervisor shall prepare record stating the reasons for not administering the test, then forward the record to Human Resources. The City shall cease attempts to test after 32 hours. 4.8 A written record shall be made of the observations leading to a controlled substances reasonable suspicion test, and signed by the supervisor or manager who made the observations, within 24 hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier (see form Appendix 111). 4.9 The supervisor must forward records relating to reasonable suspicion for controlled substance use testing to Human Resources within 36 hours of observations. 4.10 A City employee who is required to take a reasonable suspicion controlled substances and/or alcohol test will, at the City's discretion, either be assigned to a non -driving, non safety -sensitive function, or placed on non -disciplinary leave with pay, while awaiting the test results. Fitness for Duty Policy Pg 12 of 19 Rev. 2/22/96 12 5.1 Prior to verifying a positive result for alcohol a confirmation test will be conducted. 5.2 Prior to verifying a positive result for a controlled substance(s), the MRO shall make every reasonable effort to contact the employee (confidentially), and afford him or her the opportunity to discuss the test results. If after making all reasonable efforts and documenting them, the MRO is unable to reach the employee directly, the MRO shall contact Human Resources, who shall direct the employee to contact the MRO within 24 hours. 5.3 An employee whose controlled substance test result is verified positive may request (at his or her own expense) that the MRO direct that the specimen be reanalyzed, or if a split sample method was used, that the split specimen be tested in a different DHHS-certified laboratory for presence of the drug(s) for which a positive result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within 72 hours of the employee having been notified of a verified positive test result. 5.4 An employee with a verified positive test result for alcohol or a controlled substance is subject to disciplinary action up to and including termination in accordance with Personnel Policies and Procedures, see Appendices IV and V. 5.5 Laboratory reports or test results shall not appear in an employee's general personnel folder. Information of this nature shall be contained in a separate confidential medical folder that will be securely kept under the control of the Human Resources Department. MNUEMMM•�M 6.1 Before an employee is permitted to return to duty, the following must exist: An employee who tested with a result of an alcohol concentration of 0.02 or greater but less than 0.04 is not permitted to return to duty for at least 24 hours and may be subject to disciplinary action, up to and including termination, in accordance with Personnel Policies and Procedures, see Appendix IV. Any duty time missed during this particular time will be charged against accrued leave. When accrued leave is exhausted the employee will be placed on unpaid leave. Fitness for Duty Policy Pg 13 of 19 Rev. 2/22/96 13 'Res. q&0227- V Exhi-bif 11fi It E. TYPES OF DRUG AND SUBSTANCE ABUSE TESTS 6. Return to Duty (cont.) 6.2 If the alcohol test result indicates a concentration of 0.04 or greater or if a controlled substances test indicates a verified positive result, the employee may be subject to disciplinary action, up to and including termination, in accordance with Personnel Policies and Procedures, see Appendices IV and V. In addition, the employee may not return to duty until. - 6.2a The employee undergoes evaluation by an SAP and, where necessary, treatment. Any duty time missed during this particular time will be charged against accrued leave. When accrued leave is exhausted the employee will be placed on unpaid leave-, 6.2b An SAP determines that the employee has successfully complied with any recommended course of treatment; and 6.2c A return to duty alcohol test indicates employee's alcohol concentration is less than 0.02 or negative on a controlled substances test. When an employee is cleared to return to duty by the 'SAP: 7.1 The SAP may determine that an employee is in need of assistance in resolving problems associated with alcohol and/or controlled substances misuse. The SAP will direct unannounced follow-up testing, as deemed necessary, upon the employee's return to duty under the following conditions: 7.1 a Testing frequency shall be a minimum of 6 tests in the first 12 months; 7.1 b Testing shall not exceed 60 months; and 7.1 c Testing may be terminated at any time by the SAP following the initial 6 tests. 7.2 Each supervisor shall ensure that an employee, who is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by the SAP, reports for testing in accordance with DOT regulations and Personnel Policies and Procedures. Fitness for Duty Policy Pg 14 of 19 Rev. 2/22196 14 -Res. ft000zAl-V Exh;bi� "A" The following positions will need tomeet the full DOT testing requirements: Electric Department Electric Superintendent UneFonaman-Bacthc Line Worker III -Electric UnmVVorkerU-Bectho UneVVurker|-E|ecthc Electric Groundsman Pump Supervisor Pump Mechanic III Pump Mechanic U Pump Mechanic | Water/Wastewater Department VV&VVVVSuperintendent VV&VVVVSupervisor VV&VVVVMaintenance Worker | VV&\8/VVMaintenance Worker U W&WW Maintenance Worker III Streets Department Streets Superintendent Heavy Equipment Oparator/Crmvveader Heavy Equipment Operator Light Equipment Operator Streets Crew Foreman Streets Maintenance Worker /P.T.\ Streets Sweeper Operator /P.T.> Fire Services Fire Captain Fire Lieutenants Firefighters All Fire Division personnel whose job description requires o Class AoFBDrivers License. City Shop Lead Mechanic Mechanic Vehicle Services FOOR-MR-7,19MI Mot Sanitation Worker Collection Station Attendant Fitness for Duty Policy Appendix Rev. 2/2om �� ��������� � �v����� � �l���~ �� �^��� v��«^ �_��������� m, 15 Typical City vehicles with GVW of 26.001 or over Electric Department Bucket Truck Boom Truck Digger Truck Pumps Departmenl Dump Truck Water Department Dump Truck Wastewater Department Sewer Truck Dump Truck Storm Water Sweeper Streets Department Dump Truck Distributor Fire Services Fire Trucks Appendix 11 Random Controlled Substance and/or Alcohol Testing You have been randomly selected to participate in a controlled substances and/or alcohol test. This test is required by the U.S. Department of Transportation under the Controlled Substances and Alcohol Misuse Prevention Program, 49 CFR Part 40 for commercial drivers (CDL holders). City Personnel Policies and Procedures extends the DOT requirements to include all regular and volunteer Fire Division personnel whose job description requires a Class A or B drivers license. MVJHG�M 01 Because of the time requirements for these tests, a notification time of am/pm is Am - Fitness for Duty Policy Appendix Rev. 2/22/96 W eS. q&027-7- V cxhlb;f 1141, W 16 Appendix III REASONABLE SUSPICION ALCOHOL and/or CONTROLLED SUBSTANCES TESTING EP T g;;.T.7�� Appearance Body/Breath: Clothing: Color of Face: Eyes: Pupils: Speech: Behavior: Unusual Actions: Attitude: Body Control Odor of Alcohol Controlled Substance Odor of Alcohol Controlled Substance Pale Flushed Other Bloodshot Watery Glassy Contracted Dilated Not Equal Size Not Understandable Mumbled Slurred Mush Mouthed Thick Tongued Confused Hiccoughing Crying Belching Vomiting Fighting Laughing Mood Swings Agitated Hilarious Talkative Carefree Indifferent Sleepy Staggering Excessive Sniffing Unauthorized Possession at a work location: Alcohol Combative Insulting Repeatedly trying to perform task Unable to control bodily functions Controlled Substance Cocky List any other reasons for suspicion (e.g. chronic or withdrawal effects [382.307(b) pg. 14]): R:T«Fti[.7i�1 Employee Interview Results: Referred to Alcohol Testing [ ] Controlled Substances Testing [ ] Physician [ ] Comments: tested:Time employee was Date: If not tested within 2 hours of observations for alcohol, check box & attach explanation [ ] If not tested within 8 hours of observations for alcohol, check box & attach explanation [ ] If not tested within 32 hours of observations for controlled substances, check box & attach explanation [ ] Name & Title of Supervisor (who observed behavior): Witness' Name (if available): For reasonable suspicion alcohol testing, complete and sign before testing. Return this form to Human Resources no later than the next business day following testing. For reasonable suspicion controlled substances testing, this form must be completed and signed within 24 hours of the observed behavior or before controlled substances test results are released, whichever is earlier. Return form to Human Resources within 36 hours. Fitness for Duty Policy Appendix Rev. 2/22/96 17 - Fxh;b;f "A' REASONABLE SUSPICION 382.307 All employees are subject to testing. Observed conduct must be documented by a supervisor or manager who has received at least one hour of training on alcohol misuse. EMPLOYEE SHOULD BE TESTED WITHIN 2 HOURS BUT NO LATER THAN 8 HOURS FROM TIME EMPLOYEE IS NOTIFIED. POST ACCIDENT 382.303 All CDL holders and all employees who, while operating a City vehicle or a private vehicle on City business, are involved in a fatal accident or having received a citation for a moving traffic violation in an accident involving injuries and/or a disabled vehicle must be tested. EMPLOYEES SHOULD BE TESTED WITHIN 2 HOURS BUT NO LATER THAN 8 HOURS FOLLOWING THE ACCIDENT. RANDOM TESTING 382.305 Selection by a scientifically valid method. Tests are unannounced. All CDL holders must have equal chance to be tested with each selection. Tests must be reasonably spread throughout the year at a 25% rate of average driver positions. NOTE: CDL holders may only be tested while they are about to perform, performing, or just finished performing a safety -sensitive function. Supervisors shall notify selected CDL holders and instruct him/her to report for testing immediately. Fitness for Duty Policy Appendix Rev. 2/22/96 F 1 11119 " VERIFIED NEGATIVE Return to regular duty. Cleared to perform a safety -sensitive function. — —_-------- -- -- — ---- VERIFIED POSITIVE Result is .04 or above FIRST OFFENSE The City has the option of referring an employee to a Substance Abuse Professional (SAP) and/or taking disciplinary action up to and including termination. A CDL holder cannot be used in any EVALUATION BY SAP 382.503 <> 382.605 The SAP may require FOLLOW-UP TESTING and may refer to a rehabilitation program. r safety -sensitive position RETURN TO until he/she is cleared to DUTY do so by the SAP. I � � An employee may not return to duty for 24 VERIFIED POSITIVE hours. VERIFIED Result is .04 or above POSITIVE to disciplinary action up to SECOND OFFENSE and including termination. Termination. Termination EVALUATION BY SAP 382.503 <> 382.605 The SAP may require FOLLOW-UP TESTING and may refer to a rehabilitation program. r VERIFIED POSITIVE RETURN TO Result is .02 to .039 DUTY FIRST OFFENSE TESTING An employee may not return to duty for 24 382.309 hours. VERIFIED Employee may be subject POSITIVE to disciplinary action up to and including termination. Termination. No further testing required t in order to return to duty. Rt VERIFIED POSITIVE Result is .02 to .039 SECOND OFFENSE The City has the option of referring an employee to a Substance Abuse Professional (SAP) and/or taking disciplinary action up to and including termination. A CDL holder cannot be used in any safety -sensitive position until he/she is cleared to do so by the SAP. r i RETURN RETURN TO TO DUTY DUTY TESTING TESTING 382.309 382.309 VERIFIED VERIFIED POSITIVE NEGATIVE. Termination. Return to duty. 1J FOLLOW-UP TESTING 382.311 SAP may require follow up testing after referral. Six tests in first 12 months, riot longer than 60 months. F'. VERIFIED POSITIVE Result is .02 to .039 THIRD OFFENSE Termination EVALUATION BY SAP 382.503 <> 382.605 The SAP may require FOLLOW-UP TESTING and may refer to a rehabilitation program. FOLLOW-UP TESTING 382.311 SAP may require follow up testing after referral. Six tests in first 12 months, not longer than 60 months. RETURN TO DUTY RETURN TO TESTING DUTY TESTING 382.309 382.309 VERIFIED POSITIVE VERIFIED NEGATIVE. Termination. Return to duty. FOLLOW-UP TESTING 382.311 SAP may require follow up testing after referral. Six tests in first 12 months, not longer than 60 months. PRE-EMPLOYMENT 382.301 New hires and employees transferring to a safety -sensitive position must be tested. REASONABLE SUSPICION 382.307 All employees are subject to testing. Observed conduct must be documented by a supervisor or manager who has received at least are hour of training on controlled substance abuse. EMPLOYEES SHOULD BE TESTED AS SOON AS POSSIBLE BUT NO LATER THAN 32 HOURS AFTER THE POST ACCIDENT 382.303 All CDL holders and all employees who, while operating a City vehicle or a private vehicle on City business, are involved in a fatal accident or have received a citation for a proving traffic violation in an accident involving injuries and/or a disabled vehicle must be tested. EMPLOYEES SHOULD BE TESTED AS SOON AS POSSIBLE BUT NO LATER THAN 32 HOURS FOLLOWING THE ACCIDENT. RANDOM TESTING 382.305 Selection by a scientifically valid method. Tests are unannounced. CDL holders must have equal chance to be tested with each selection. Tests must be reasonably spread throughout the year at a 50% rate of average driver positions. NOTE: CDL holders may be tested any time while they are on duty. Supervisors "I notify selected CDL holders and instruct Nnvber to report to the testing site immediately. Fibms for Duty Policy Appendix Rev. 2/22196 New Hire and Current Employee VERIFIED NEGATIVE Cleared to hire; cleared for transfer, may perform a safety -sensitive function. New Hire VERIFIED POSITIVE Not eligible for employment. CuLfortransfer loyee VESITIVE Not transferj to nsitivei3 pject todiction. I VERIFIED NEGATIVE i Return to regular duty. Cleared to perform safety -sensitive functions. VERIFIED POSITIVE FIRST OFFENSE The City has the option of referring an employee to a Substance Abuse Professional (SAP) and/or taking disciplinary action up to and including termination. A CDL holder cannot be used in any safety -sensitive position until he/she is cleared to do so by the SAP. VERIFIED POSITIVE SECOND OFFENSE Termination RETURN TO DUTY TESTING 382.309 VERIFIED POSITIVE Z Termination. EVALUATION BY SAP 382.503 <> 382.605 The SAP may require FOLLOW-UP TESTING and may refer to a rehabilitation program. RETURN TO DUTY TESTING 382.309 VERIFIED NEGATIVE. Cleared for return to duty and to perform safety -sensitive functions FOLLOW UP TESTING 382.311 SAP may require follow up testing after referral. Six tests in first 12 months, not longer than 60 months.