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01-372 Alcohol Drug PolicyRESOLUTION NO. ~//'"-~ ~ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A DRUG AND ALCOHOL POLICY FOR A DRUG AND ALCOHOL FREE WORI(PLACE; PROVIDING FOR GOALS AND OBJECTIVES OF THE CITY OF MERIDIAN'S DRUG AND ALCOHOL TESTING PROGRAM; PROVIDING FOR PROHIBITED ACTIVITIES, DISCIPLINE, EMPLOYEE ASSISTANCE, DEFINITIONS, AND PROVIDING GUIDANCE TO SUPERVISORS AND EMPLOYEES CONCERNING THEIR RESPONSIBILITIES FOR CARRYING OUT THE PROGRAM AND WHICH WOULD APPLY TO ALL REGULAR FULL-TIME, PART-TIME, INTRODUCTORY, TEMPORARY, SEASONAL OR CONTRACT EMPLOYEES, VOLUNTEER FIREFIGHTERS, POLICE RESERVE OFFICERS AND ALL JOB APPLICANTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. § 50- 302] to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers in this act granted, to maintain the peace, good goverument and welfare of the corporation and its trade, commerce and industry. WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a drug and alcohol policy for a drug and alcohol free workplace for the City of Meridian employees, and the City of Meridian has an obligation to protect the City's property, equipment, operations and reputation, and the City of Meridian understands that being under the influence of alcohol, 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(s). WHEREAS, the drug and alcohol policy would provide goals and objectives of the City of Meridian's drug and alcohol testing program, provide for prohibited activities, discipline, employee assistance, definitions, and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program and which would apply to all regular full-time, part-time, introductory, RESOLUTION FOR DRUG AND ALCOHOL POLICY FOR THE CITY OF MERIDIAN 1 temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. WHEREAS, the Mayor and Council have deemed it expedient to establish a drug and alcohol free workplace for the City of Meridian and its employees, and which would require compliance to this policy as a condition of employment for qualified applicants or for continued employment for all City employees, and which employees for the City of Meridian would include all regular full-time, part-time, introductory, temporary, seasonal or contact employees, volunteer firefighters, police reserve officers and all job applicants. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. The Mayor and City Council hereby adopt the City of Meridian Alcohol and Drug Policy, which is attached hereto and incorporated herein as if set forth in full as Exhibit "A", and which consists of 10 pages. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN IDAHO, this ~ff 7 ~ day of ,/~/O//e/oq ~p- ,2001. APPROVED BY TH.E/MAYOR O/F THE CITY OF MERIDIAN, IDAHO, this ~7~'~f~ day of /~Ol/~l'~'t..,O-~[-" ,2001. ATTEST: City Clerk N~r -Robert D. Corrie 5' Z:\Workklvl~Meridian~Vleridian 15360IVl~Resolutions City Hallk2001~RESonALCOHOLandDRUGPolocy102401.doc RESOLUTION FOR DRUG AND ALCOHOL POLICY FOR THE CITY OF MERIDIAN 2 CITY OF MERIDIAN ALCOHOL AND DRUG POLICY POLICY STATEMENT 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 flee 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, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being trader 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 roles, regulations or laws that relate to the maintenance of a workplace flee from alcohol and illegal drugs. The City requires compliance to this policy as a condition of employment for qualified applicants or for continued employment for all City employees. .PURPOSE This policy outlines the goals and objectives of the City of Meridian's drug and alcohol testing program and provides guidance to supervisors and employees concerning their responsibilities for carrying out the program. SCOPE This policy applies to all regular full-time, part-time, introductory, temporary, seasonal er contract employees, volunteer firefighters, police reserve officers and all job applicants. PROHIBITED ACTIVITIES On-DuW a. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. b. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drags or any combination thereof, while on City premises, in City vehicles, while 1 Exhibit "A" 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. Employe~s 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. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. Off-Duty a. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. b. Employees who are acquitted will be returned to work with back pay, if applicable. c. Any employee convicted of violating a criminal drug statute on or away from the worlcplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction. Notification must be made to the employee's supervisor or the Human Resoumes Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. 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 detenuine if use of the prescription drug will produce effects which will increase the r/sk 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 tbe employee's physician and they must not allow any other person to consume the prescribed drug. DISCIPLINE )day 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. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. 2 Exhibit "A" 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. Any employee who is found through alcohol or drag testing to have in his or her body system a detectable amount of alcohol or an illegal drag as defined by this policy will be subject to discipline up to and including termination except that, confirmation of or continuing participation in an alcohol or drug rehabilitation program, as recommended by the Employee Assistance Program, is required of an employee returning to duty. The Employee Assistance Program will notify Human Resources when an employee has completed a rehabilitation program. After an employee retunzs 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 will be grounds for disciplinary action up to and including termination. Any employee who refuses to submit to an alcohol or drug test under the tenns of this policy will be subject to discipline up to and including termination. Employees who are required to participate in the City's Employee Assistance Program (E.AP) will be subject to termination for the following policy violations: a. Failure to contact the EAP within five (5) working days after notification of a positive test result. b. Refusal or unexcused failure to participate in counseling or the EAP program. c. Abandonment of a treatment program prior to completion and being released. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL The City recognizes that alcohol and chemical dependency are 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 tkrough the City's medical plan. The Human Resources Department has a list of locations and counselors available. Self- Referral Rehabilitation assistance in heu of discharge may be offered: 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 pohcy. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 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 Exhii~it "A" recognized rehabilitation professional. An employee returding 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 unannom~ced testing following completion of such a program for a period of six (6) months. Employees who are 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. 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. Involuntary Referral When an employee tests positive for alcohol or drug use (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. EDUCATION Supervisors and other management persormel will be trained in: a. Overall City policy; b. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; c. Recognizing and intervening in situations that may involve violations of this policy; d. EAP intervention, procedures and supervisor's role; e. Documentation of employee performance and behavior. Employees will be trained and informed off a. The health and safety dangers associated with alcohol and drug use; b. The provisions of this policy through employee meetings and employee orientation. PRE-EMPLOYMENT TESTING All applicants given a conditional offer of employment 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 or drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and illegal drugs. 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; Exhigit "A" and will be informed that the consequence of refusal is termination of the pre-employment process. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding of the policy. REASONABLE BELIEF TESTING Am employee will be tested for alcohol and illegal drags, 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 drag abuse may be a specific, contemporaneous event, or conduct- evidencing impairment observed Over a period of time. 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. POST- ACCIDENT TESTING Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drags, as soon as possible after the accident, preferably within two (2) hours. Examples of conditious 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 or personal injury requiring transport for medical treatment; b. injury to another person, requiring medical treatment away from the site of the accident; c. damage to vehicle, equipment or property owned by the City, or by a third party, that is estimated to exceed $500. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release ofrelevant hospital reports, or other documentation, that would indicate whether there were alcohol or drags 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 drags. If it is determined by management that an employee's accident was definitely 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 employee. Employees who are involved in a work-related accident requiring medical treatment are to inform their supervisor of the accident as soon as possible, so that any needed alcohol or drag testing may be promptly conducted in conjunction with their medical treatment. RANDOM TESTING Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. Exhil~it "A" Sensitive positions are those that require an employee to: 1. Carry firearms; 2. Have custodial responsibility for illegal drags; 3. Perform emergency medical, lifesaving, and/or fire suppression activities; 4. Have supervision over children; 5. Have access to homes and/or businesses in the City; 6. Handle hazardous materials that if mishandled, place the general public at risk of serious injury. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. 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 each employee having an equal chance &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 hours 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. The mmual 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. 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. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drag free workplace progrm,n, employees not in designated 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. 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. DRUG/ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES Specimen Collection Procedure 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 Exhil~it " A" 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 MI1 be done in accordance wi~ approved collection procedures. All specimens will be tested for the presence of alcohol and illegal drags. Ali specimens tested for illegal drags 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 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. Ifa 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. 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 The cut-offlevels for all Non-Dot testing is as follows: Drug Class Screening 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 The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, wiI1 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 o f reliability. 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 Exhibit "A" 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. 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. TEST RESULT NOTIFICATION The office of the testing agency will forward all alcohol and drug tests to the Hmnan Resources Director or his/her designee authorized to receive them The City and the prospective or current employee will be informed ora positive test result. The prospective or City employee will be offered an opportunity to discuss the positive test results with the Medical Review Officer (MRO) or his representative. Any employee who is taking a prescription drag 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. After verified, the employees test result will be reported to the City as negative. However, if an employee cannot provide a reasonable explanation for their 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 mhd disciplinary action will be taken consistent with the tenns of this policy. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or infonnation as directed under the terms &this policy, will be subject to discipline up to and including termination. EFFECT OF TESTING POSITIVE 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 dmgs or alcohol will be terminated. 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 disciplh~ary action consistent with the terms of th/s policy. (Refer to the disciplinary section of this policy). CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol mhd drags 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. Exhit~it "A" CONCLUSION The tenns of this alcohol/drug free workplace policy are intended to achieve a work environment where mnployees are flee from the effects of alcohol and/or drags. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drag 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. DEFINITIONS Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. Applicant: Any individual tentatively selected for employment with the City. City 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. Drug Paraphernalia: Drag 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. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system. Employee Assistance Program (EAP): A contract-based counseling program that offers assessment, short-term counseling, and referral s~rvices to employees for a wide range of alcohol, drag, and mental health problems and monitors the progress of employees while in treatment. Illegal 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 drags and look-alike drugs. Legal drug means any prescribed drug or over-the-counter drag that has been legally obtained and is being used for the purpose for which prescribed or manufactured. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret mhd evaluated all positive test results together with an individual's medical history and any other biomedical infonuation. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a pm'titular employee is unable to satisfactorily perform his or her job duties due to drug or alcohol impairment. Exhil~it "A" Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a · scientifically valid test, such as a breath test or urinalysis. 10 Exhibit "A" CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 2~~-& day of /~/,'ca~ ~., 2001, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A DRUG AND ALCOHOL POLICY FOR A DRUG AND ALCOHOL FREE WORKPLACE; PROVIDING FOR GOALS AND OBJECTIVES OF THE CITY OF MERIDIAN'S DRUG AND ALCOHOL TESTING PROGRAM; PROVIDING FOR PROHIBITED ACTIVITIES, DISCIPLINE, EMPLOYEE ASSISTANCE, DEFINITIONS, AND PROVIDING GUIDANCE TO SUPERVISORS AND EMPLOYEES CONCERNING THEIR RESPONSIBILITIES FOR CARRYING OUT THE PROGRAM AND WHICH WOULD APPLY TO ALL REGULAR FULL-TIME, PART- TIME, INTRODUCTORY, TEMPORARY, SEASONAL OR CONTRACT EMPLOYEES, VOLUNTEER FIREFIGHTERS, POLICE RESERVE OFFICERS AND ALL JOB APPLICANTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. § 50-302] to establish resolutions not inconsistent with the laws of the state of Idaho as maybe expedient, in addition to the special powers in this act granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry. WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a drug and alcohol policy for a drug and alcohol free workplace for the City of Meridian employees, and the City of Meridian has an obligation to protect the City's property, equipment, operations and reputation, and the City of Meridian understands that being under the influence of alcohol, an illegal drug or improper use of a Certificate of Clerk Drug and Alcohol Policy 1 prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user(s). WHEREAS, the drug and alcohol policy would provide goals and objectives of the City of Meridian's drag and alcohol testing program, provide for prohibited activities, discipline, employee assistance, definitions, and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program and which would apply to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. WHEREAS, the Mayor and Council have deemed it expedient to establish a drug and alcohol free workplace for the City of Meridian and its employees, and which would require compliance to this policy as a condition of employment for qualified applicants or for continued employment for all City employees, and which employees for the City of Meridian would include all regular full-time, part-time, introductory, temporary, seasonal or contact employees, volunteer fire fighters, police reserve officers and all job applicants. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. The Mayor and City Council hereby adopt the City of Meridian Alcohol and Drug Policy, which is attached hereto and incorporated herein as if set forth in full as Exhibit "A", and which consists of 10 pages. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. William G. Berg, Jr. Certificate of Clerk Drug and Alcohol Policy 2 STATE OF IDAHO, ) : SS: County of Ada, ) On this a~7*t' day of /)ove-4~e,- , 2001, before me, ,3~ct k. 5,,;46, , a Notary Public, appeared 7WILLIAM G. BERG, JR., lmown or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, aclmowledged to me that he executed the same on behalf of the City of Meridian. Co~ission' Expires: ~///~o/07 Z:\Wor k\M~Meridian~Vierictian 15360M~ResolufionsCityHall~2001 \CERTCLEKIGRESOLUTION°nDrugandAlc°h°iP°Iig"d°c Certificate of Clerk Drug and Alcohol Policy 3 CITY OF MERIDIAN ALCOHOL AND DRUG POLICY POLICY STATEMENT ha recognition of the harmful effects that the use of illegal dings mhd the misuse of alcohol cma have on employees in the workplace, the City of Meridian has a responsibility to provide mad maintain a safe, seem-e, productive and efficient work enviromneut free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a di'ug free work euviromnent for our employees, and members of the general public. Furthermore, the City has an obligation to protect the city's property, equipment, operations mad reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses smious safety and health risks to the user and to all tbose who work with the user. The use, sale, purcbase, transfer, or possession of an illegal drug in the workplace, mad the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. Tbis Drug-Free Workplace Policy is not intended to replace or snpercede testing, reporting, mhd procedm-es mandated by federal and state rules, regulations or laws that relate to the maintemmce ora workplace free from alcohol and illegal drugs: The City requires compliance to this policy as a condition of employment for qualified applicants or for continued employment for all City employees. PURPOSE This policy outlines the goals and objectives of the City of Mer/dian's drug and alcohol testing progrmn and provides guidance to supervisors mad employees concerning their responsibilities for em-tying out the progrmn. SCOPE This policy applies to all regular full-time, part-time, introducto~% temporary, seasonal or contract employees, volunteer firefigbters, police reserve officers mad ail job applicants. PROHIBITED ACTIVITIES On-Dn~ a. Employees are expected to work alcohol and drug free in order to enable safe mhd efficient j ob performance. b. The use, sale, distribution, mamtfaeture, 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 1 Exhibit "A" operating City equipment, at a job site during work hours or in the scope and com'se of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinm-y action, up to and including tcn'minafion. c. Employee_s 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 role may result in hmuediate termination. d. Depm'aucmt Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. Off-Duty The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture oT distribution of illegal drugs will be subject to discipline up to and inchiding te~rnhiation. Employees who are acquitted will be returned to work with back pay, if applicable. Any employee convicted of violating a crhuinal drag statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to infonu the City subjects the employee to disciplinm-y action up to and including termination. Medication Prescribed by Physician a. The use of drags/mod/tine prescribed by a licensed medical practitioner wiI1 be pen,nitted provided that it will not and in fact does not affect work performaa~ce, nor will it impak 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 detemfine 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 findh~g 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 pot'form his or her job safely may be adversely affected by such medication. Any employee who has been informed by lfis/her physician that the prescription drug could cause adverse side effects while worldng 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 drag. DISCIPLINE Any employee who possesses, distr/butes, sells, attempts to sell, or transfers illegal drags on the City of Meridian's premises or while on City business will be subject to discipline up to and including tenuination. Any employee who is found to be in possession of or m~der the influence of alcohol in violation of tkis policy will be subject to discipline up to and including termination. 2 Exhibit "A" Any employee who is found to be in possession of drag paraphernalia in violation of this policy will be subject to discipline up to and including termination. 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 te~znination except that, cmzfmnation of or continuing participation in an alcohol or drug relrabilitation program, as recommended by the Employee Assistance Progrmn, is required of an employee returning to duty. The Employee Assistance Program will notify Human Resoumes when an employee has completed a rehabilitation program. After an employee returns to work, be/she will be subject to unannounced drug m~d alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recom2uended rehabilitation pmgrmn will be grounds for disciplinary action up to and including tenuination. Any employee wbo refuses to submit to an alcohol or drng test under the temns of this policy will be subject to discipline up to and including termination. Employees who are required to pm'ticipate in the City's Employee Assistance Progrmu (EAP) will be subject to termination for the following policy violations: a. Failure to contact the EAP within five (5) working days after notification of a positive test result. b. Refusal or unexcused failure to participate in counseling or the EAP progrmn. c. Abandomnent of a treata~ent program prior to completion and being released. EMPLOYEE ASSISTANCE PROGRAM & SELF i~FERRAL The City recognizes that alcohol and chemical dependency are 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 through the City's medical plan. The Human Resources Depm'trnent has a list of locations and counselors available. Self- Referral Rehabilitation assistance in lieu of discharge may be offered: 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 disciphnary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences ora positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terrns of this policy. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Ass/stance Program (EAP). 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 Exhil~it "A" recognized rehabilitation professional. An employee returning to work after ~eatment may rettm~ to work after taking and passing an alcohol and/or chug 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. Employees who are refen'ed to outpatient and/or/n-patient alcohol or drag rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance progrmn) on their own time or dm-ing a leave of absence, covered under the Fmuily Medical Leave Act (FMLA) or during a non-paid leave of absence approved by the City. 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 cmmot be scheduled other than during their regular work schedule. Involuntary Referral When an employee tests positive for alcohol or chug use (or is identified as being under the influence of aleohoI or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP progrmn for assessment, and treatment planning. EDUCATION Supervisors and other management perso~mel will be trained in: a. Overall City policy; b. Detecting the signs and behavior of employees who may be using alcohol or drags in violation of this policy; c. Recognizing and intervening in situations that may involve violations of this policy; d. EAP intervention, procedures and supervisor's role; e. Documentation of employee performance and behavior. Employees will be trained and infonued of: a. The health and safety dangers associated with alcohol and drug use; b. The provisions of this policy tlu'ough employee meetings and employee orientation. PRE-EMPLOYMENT TESTING All applicm~ts given a conditional offer of employment 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 or drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and illegal drugs. An applicant will be notified of the City of Meridian's alcohol and drag testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; Exhil~it "A" mrd will be inforuaed that the consequence of refusal is termination Of the pre-employment process. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and m~derstanding of the policy. REASONABLE BELIEF TESTING g21 employee will be tested for alcohol mid 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. A2~ employee who is tested in a "reasonable belief' situation will be put on admiaistrative leave with pay pending receipt of written tests results and whatever inquiries may be required. 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 atter the acc/dent, preferably within two (2) hours. Exantples of conditions that will require an employee to take an alcohol and drug test include, but are not lin'fited to, accidents, that result in: a. a fatahty or personal injury requiring transport for medical treat2nent; injury to another person, requiring medical treatment away from the site of the accident; c. damage to vehicle, equipment or property owned by the City, or by a third party, that is estimated to exceed $500. An employee 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 drags 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. If it is determined by management that an employee's accident was definitely 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-accitlent testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to inform their supervisor of the accident as soon as possible, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical ~eatment. RANDOM TESTING Department Heads and employees in gensitive positions will be subject to random alcohol and drug testing. For purpose of this pollcy' a sensitive position will be defined as a position in which the duties that are performed as a regular part ofthejob could reasonably expect to affect health, safety and security of other City employees or the general public. ExhibSt "A" Sensitive positions are those that require an employee to: 1. Carry firemuns; 2. Have custodial responsibility for illegal drags; 3. Perfonu emergency medical, lifesaving, and/or fire suppression activities; 4. Have supervision over children; 5. Have access to homes and/or businesses hh the City; 6. Handle hazardous materials that if mishandled, place the general public at risk of serioas injury. The job functions associated with these positions directly mhd irmued~ately relate to public health and safety, the protection of life, and law enfomement. Random tests will be unam~ounced mhd occur flu'oughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each thue selections are made. The Human Resources Director will notify the individual's supervisor and the individual selected for random testing on the san~e day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing mhd 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. The am~ual nmuber 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. 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 admi~fistered satisfies the City goal of achieving a drag-free work force. VOLUNTARY RANDOM TESTING As part of the City's alcohol mad drag free workplace progrmn, employees not in designated 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 tlfis program is not a condition of continued employment with the City mhd volunteers will be subject to ail provisions, conditions mhd procedures of the random testing policy. 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 Cmra-nercial Drivers License. DRUG/ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDUI~,,~ Specimen Collection Procedure When a prospective or present employee is notified that he/she is to submit to alcohol mud drug testing he/she will be given instructions regarding where and when to report fbr tests, or at the Exhil~it "A" 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. Ail specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal thugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trah~ed 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 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. Ifa second specimen is provided, both will be tested. If the second specimen is refused; the collection monitor will inform the Human Resonrces 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 terrninated from further employment with the City. In flue 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 cra-rent 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 The cut-offlevels for all Non-Dot testing is as follows: Drug Class Screening Confirmation Amphetamine Fmnily 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 The cut-off for alcohol concentration will be on two levels. 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. Amy 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 Iator than fifteen (i5) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a kigher degree of reliability. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confwmation method. Any employee who tests positive for illegal drags 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 Exhib~7t "A" is at the applicants or employees own expense (unless those expenses are covered by the City insurance progran~). Th/s request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. During the time the second test is being conducted, the pre-employment selection process for an applicant will be placed on hold. An employee akeady worldng 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 incm'red as a result of the i~xitial positive test results. _.TEST RESULT NOTIF/CATION The office of the testing agency will forward all alcohol and drug tests to the Hmuan Resources Director or his&er designee authorized to receive them The City and the prospective or cmTent employee will be informed ora positive test result. The prospective or City employee will be offered an opporturJty to discuss the positive test results with the Medical Review Officer (MRO) or Iris representative. 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. After verified, the employees test result will be reported to the City as negative. However, if an employee cannot provide a reasonable explanation for their positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Hmuan Resources Director or kis/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or inforu~ation as directed under the terms ofth/s policy, will be subject to discipline up to and including term/nation. EFFECT OF TESTING POSITIVE, 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. 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 tm-ms of this policy. (Refer to the disciplinary section of this pohcy). CONFIDENTIALITY All information relath~g 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 author/zed in writing by the person in question. Exhilgit "A" CONCLUSION The. terms of this alcohol/drug fi'ce workplace policy are intended to achieve a work env~romnent where employees are free from the effects of alcohol and/or chugs. 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 enviromuent. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. DEFINITIONS Alcohol: means auy beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. Applicant: Any individual tentatively selected for employment with the City. City premises or City facilities: for the purpose of this policy means all property of the City of Me~'idian including, but not Iimited to, the offices, facilities, land, and surrom~ding aseas 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. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packag/ng, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. Drug testing.: means a urinalysis taken for the purpose of determining whether drugs are in the person's system. Employee Assistance Program (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 progress of employees while in treatment. Illegal 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 drags are cmanabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look-alike drags. Legal drug means any prescribed drug or over-the-¢om~ter drug that has been legally obtained and is being used for the pm'pose for which prescribed or manufactured. Medical Review Officer: An ind~endent 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. 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 drug or alcohol impairment. Exhii~it "A" Under the influence: means a condition h~ which a person is affected by a drug or by alcohol in a detectable maturer. A determination of being under the influence cm~ be established by a · scientifically valid test, such as a breath test or urinalysis. 10 Exhibit "A"