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HomeMy WebLinkAbout08-608 Drug & Alcohol PolicyCITY OF MERIDIAN RESOLUTION NO. 08- ~dg BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING 7.1 DRUG AND ALCOHOL POLICY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR .AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended for policy 7.1, Drug and Alcohol Policy; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of 1i , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~ , 2008. ATTEST: By: Jaycee b~Holman, City CITY OF MERIDIAN POLICY AND POLICY - 2008 APPROVED: ``~~,~~~-u~~~~~,~~~, •~ ~ ME/~,; . ~ ,`-~ -a.p ~ T~. 0 eerd ~ ,~ `;= -! ~r ~s~ • ~ ~•• ~~ ~~ . ~''~.,. ~L,r-rt~( , _..~~', (SEAL) FOR DRUG AND ALCOHOL CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.1 SUBJECT: DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. SAFETY SENSITIVE POSITIONS The job functions associated with these positions directly and immediately relate to,_public health and safetv, the protection of life, and law enforcement. Safety Sensitive positions are those that require an employee to: • Carry firearms • Have custodial res~onsibili for ille ag 1 dru~ • Perform emergency medical, lifesaving, andlor fire suppression activities • Have supervision over children in the absence of their parents or adult guardians • Have access to homes and/or businesses in the Citv • Handle hazardous materials that if mishandled, place Citv employees andlor the eg neral,public at risk of serious injurv • Work in the water and wastewater svstems and their operations • Be required to maintain a Commercial Driver's License (CDL) • Operate heavy machinerv Human Resources shall maintain a list of ever~safety sensitive position that is covered by this polic~ POLICY: In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, saie, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supercede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for aII City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION PROHIBITED ACTIVITIES A. On-Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. B. Off-Duty 1. The off-duty conduct of any employee which results in an arrest or conviction, regardless of the form of the jud~ment, for Drivin~ Under the Influence, Possession of Alcohol bv a Minor, Procurin~ Alcohol for Minors, or the possession, use, sale, manufacture or distribution of illegal drugs mav be subject to discipline up to and including termination. 2. AnY emplovee arrested or convicted, regardless of the form of the jud~ment, of violatin~La criminal offense identified in section 1 away from the work~lace must inform the Citv of such arrest or conviction, regardless of the form of the judgment, within five days of the event. Notification must be made to the emplovee's supervisor or Human Resources. Failure to inform the City subjects the employee to disciplinary action up to and including termination. 3. Restrictions caused bv the criminal conduct, i.e. driver's license restrictions; iail or work release; occupational license suspensions or revocations; etc, ma~ be sub~ect to discipline up to and including termination. The Citv of Meridian is not required by this policv to adjust work schedules, job duties, or bonafide job requirements due to the em~loyee's restrictions due their off dutv conduct. II. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. III. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. B. Any employee who is found to be in possession of or under the influence of alcohol in the workplace or during work hours in violation of this policy will be subject to discipline up to and including termination. C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an alcohol andlor drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program wi11 be grounds for disciplinary action up to and including termination. E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. F. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 3. Abandonment of a treatment program prior to completion and being released. G. If the emplovee is not a part of the City's random pool for testin ;~ After com~letion of the nrescribed program the emplovee shall be placed in the Citv Random Pool for testin~ for one (1) vear. IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency axe highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available tl~rough the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. B. Self- Referral 1. Rehabilitation assistance in lieu of discharge may be offered: 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. 5. Employees who axe referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non-paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use the first time (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. Subsequent failures mav be considered cause for termination. V. EDUCATION A. Supervisors and other management personnel will be informed of: 1. Overall City policy; 2. EAP intervention, procedures and supervisor's role; 3. Documentation of employee performance and behavior. B. Employees will be informed of: l. The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants for safety sensitive positions shall be given a conditional offer of employment and will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or iliegal drugs. No a~plication for emplo~ment may be accepted for the individual for one (1) year followin~positive test. Z. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. 3. An applicant will be provided written notice of this policy and by their signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct-evidencing impairment observed over a period of time. 2. An employee who is tested in a"reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST- ACCIDENT TESTING Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: a. A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $1500. c. Damage to a City vehicle that is estimated to exceed $1500. 2. An empioyee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post-accident testing of the empioyee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. RANDOM TESTING Employees in safetv sensitive positions will be subject to random alcohol and drug testing. 1. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in ea~h employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hows of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. 2. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 3. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated safety sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. VII. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES A. B. C. Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take a breath-test due to a medical condition then a blood test will be administered. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. Testing and Confirmation 1. The cut-off levels for all Non-Dot testing is as follows: Dru~Class Screenin~ Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml 2. The cut-off for alcohol concentration will be on two Ievels. Any employee, who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre- employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. XIII. DEFINITIONS A. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. B. Applicant: Any individual tentatively selected for employment with the City. C. Citv premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. D. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. E. Dru testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. F. EmploYee Assistance Pro .~ram (EAP): A contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the pragress of employees while in treatment. G. Ille a~l drug_ means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so- called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. H. Le ag 1 drug means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. I. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. J. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. 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