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HomeMy WebLinkAbout065A - Substance Free Workplace s iMEMORANDUM TO: Management T am August 28, 1992 FROM: Gary Crutchfielq ;�ager SUBJECT: Administrative Order #65-A - Substance-Free Work Place. i Attached is a copy of Administrative Order No. 65-A, which replaces Administrative Order No. 65, dated October 25 , 1990. Also attached is a copy of Administrative Orders Index, Page 3 . Please file these appropriately in your Administrative Orders binder. As you know, Webster Jackson will be arranging "employee question and answer meetings" and a meeting for supervisors in the very near future regarding this subject. GC:ps • attachments i • ADMINISTRATIVE ORDER NO. 65-A TO: All Departments FROM: Gary Crutchfiel y anager DATE: August 28, 1992 SUBJECT: SUBSTANCE-FREE WORK PLACE The following Administrative Order is effective immediately. It supersedes AO No. 65 dated October 25, 1990. I. PURPOSE. Employees are the City of Pasco 's most valuable resource and their health and safety is therefore a serious concern. The City of Pasco will not tolerate any drug or alcohol use which imperils the health and well-being of its employees or threatens its business . The use of illegal drugs and abuse of other controlled substances, on or off duty, is inconsistent with law abiding behavior expected of all citizens. Employees who use illegal drugs or abuse other controlled substances or alcohol, on or off duty, tend to be less productive, less reliable, and prone to greater absenteeism resulting in the potential for increased costs, delay and risk in • the City's business. Furthermore, employees have the right to work in an alcohol and drug-free environment and to work with persons free from the affects of alcohol and drugs. Employees who abuse alcohol or drugs are a danger to themselves and to other employees. In addition, drug and alcohol abuse inflicts a terrible toll on the nation' s productive resources and the health and well-being of American workers and their families. The City of Pasco is therefore committed to maintaining a safe and healthy work place free from the influence of alcohol and drugs. In addition, the City of Pasco will vigorously comply with the requirements of the Drug-free Work Place Act of 1988. II. DRUG-FREE AWARENESS PROGRAM. 1 . To assist employees and their families to understand and to avoid the perils of drug and alcohol abuse, the City of Pasco is developing a drug-awareness program. The City will use that program in an on-going educational effort to prevent and eliminate drug and alcohol abuse that may affect the work place. A drug-free awareness program will inform employees and their families about: (a) The dangers of alcohol and drug abuse in the work place; ADMINISTRATIVE ORDER - PAGE 1 SUBSTANCE-FREE WORK PLACE • (b) The City's alcohol and drug abuse policy; (c) The availability of treatment and counseling for employees who voluntarily seek such assistance; and (d) The sanctions the City will impose for violation of its alcohol and drug abuse policy. III. SUBSTANCE ABUSE AS A MEDICAL PROBLEM. The City of Pasco recognizes that substance abuse is a medical problem which can be successfully treated. Almost all substance abusers deny they have a problem, however, and ordinarily do not seek treatment voluntarily. This denial is the single most significant obstacle to successful treatment. Recognizing this reality, although the City of Pasco encourages voluntary drug and alcohol abuse treatment, the City will take strong action against employees who do not seek treatment on their own. This strong action is designed to break through the denial barrier and convince substance abusing employees of the need for treatment. IV. ASSISTANCE IN OVERCOMING ALCOHOL OR DRUG ABUSE FOR • EMPLOYEES WHO VOLUNTARILY SEEK HELP. Early recognition and treatment of alcohol or drug abuse is important for successful rehabilitation and for reduced personnel, family, and social disruption. The City of Pasco encourages the earliest possible diagnosis and treatment for alcohol or drug abuse. The City of Pasco supports sound treatment efforts. Whenever feasible, the City of Pasco will assist employees in overcoming drug or alcohol abuse. However, the decision to seek diagnosis and accept treatment for alcohol or drug abuse is primarily the individual employee's responsibility. The City has contracted with Lourdes Business Health Service for an employee assistance program, which program includes confidential referral to drug and alcohol treatment. The City' s self-insurance program provides benefits to help pay for treatment for chemical dependency, up to a maximum of $1 ,000 per calendar year. The City of Pasco also offers a variety of leave options for employees who need time off work for treatment of substance abuse problems. To insure that these benefits are available, however, employees must voluntarily seek help. Employees with personal, alcohol or drug abuse problems may seek help without the approval or even knowledge of their supervisor. Employees who voluntarily request the City 's assistance in dealing with an alcohol or drug abuse problem • ADMINISTRATIVE ORDER - PAGE 2 SUBSTANCE-FREE WORK PLACE • may do so without jeopardizing their continued employment with the City. The City will not discriminate against or discipline an employee on the basis of illegal use of drugs, provided the employee is not engaging in current illegal use of drugs and who (a) has successfully completed a supervised drug rehabilitation program or who has otherwise been rehabilitated successfully, or (2) is participating in a supervised rehabilitation program. Voluntary requests for assistance from the City for appropriate counseling and treatment services will not prevent disciplinary action for violation of the prohibitions set forth in Article VIII, however. The City will not use a voluntary confession of a violation of a prohibition of Article VIII as a basis for discipline, absent other corroborative evidence. Employees who undergo voluntary counseling or treatment and who continue to work must meet all established standards of conduct in job performance. V. SUPERVISORY TRAINING. The City of Pasco will train its supervisors in: a. Identifying and documenting job performance and on-the-job behavior that may reflect the impact of personal problems; • b. Identifying evidence of on-the-job use or, or impairment by, alcohol or drugs; c. Procedures for referral of troubled employees for assessment; d. Procedures for conducting work place inspections; and e. Procedures for encouraging voluntary referrals to appropriate counseling and treatment services. VI. AUTHORIZED USE OF PRESCRIBED OR OVER-THE-COUNTER MEDICINE. Employees undergoing prescribed medical treatment with any drug or taking over-the-counter medication, which they have reason to believe may alter their behavior or physical or mental ability must report this treatment to their supervisor. The supervisor will determine whether the City should temporarily change the employee's job assignment during the period of treatment, or permit the employee to work at all. Under no circumstances shall an employee be allowed to operate equipment or vehicles when it reasonably appears his/her ability to do so is impaired. Employees must keep all prescribed drugs in its original container, which identifies the drug, date of prescription, and prescribing doctor. Provided, an employee may satisfy this requirement by notifying their supervisor of the • ADMINISTRATIVE ORDER - PAGE 3 SUBSTANCE-FREE WORK PLACE • prescription, show the prescription if requested, and carry the drug in an alternative container. VII. ARREST OR CONVICTION UNDER CRIMINAL DRUG STATUTE. Employees must notify their immediate supervisor within five days of any conviction under any criminal drug statute or any arrest under any criminal drug statute that affects their employment. VIII. PROHIBITIONS* The City of Pasco policy prohibits the following: 1 . Unauthorized use, possession, manufacture, distribution, dispensation or sale of an illegal drug, controlled substance or drug paraphernalia on City property or City business, in City supplied vehicles, or during working hours. 2. Unauthorized use, manufacture, distribution, dispensation or possession or any sale of alcohol on City premises or City business, in City supplied vehicles, or during working hours. • 3. Storing in a locker, desk, City supplied vehicle or other repository on City premises, any illegal drug, drug paraphernalia, or any controlled substance whose use is unauthorized, or any container of alcohol. Provided, unopened containers of alcohol in private vehicles parked on City premises shall not be a violation of this policy. 4. Being under the influence of an unauthorized controlled substance, illegal drug or alcohol on City premises or on City business, in City supplied vehicles, during working hours. Under the influence as used herein means their work performance or conduct on the job is affected in any appreciable degree. 5. If you are an employee who is subject to call by the assignment of a pager, beeper or special response status during off-duty hours for emergency response, being in an unfit condition to respond and effectively perform assigned duties when called to report due to the consumption of alcohol. It is not a violation hereof for an employee who carves a beeper more frequently than on a rotational or sporadic basis to occasionally engage in social drinking of alcoholic beverages when off-duty or that such an employee, on occasion, be in a condition unable to respond to an unanticipated off-duty call to return to duty, due to the consumption of alcohol. 6. Possession, use, manufacture, distribution, dispensation or sale of an ADMINISTRATIVE ORDER - PAGE 4 SUBSTANCE-FREE WORK PLACE • illegal drug off City premises or off duty that adversely affects the employee's work performance, or his own or another' s safety during working hours. 7. Refusing to submit to an inspection authorized by Article IX when requested by management. 8. Refusing to submit to a breath or blood test authorized by Article IX to determine blood/alcohol level when requested by management. 9. Failing to adhere to the requirements of any drug or alcohol treatment, or counseling program in which the employee is to be a participant as a condition of continued employment or required by written agreement between the employer and employee, resulting from a violation of this policy. 10. Conviction under any criminal drug statute. 11 . Failure to notify the City of any arrest or conviction covered under Article VII. 12. Failure to report to the employee 's supervisor the use of a prescribed drug or over-the-counter medication which the employee has reason to believe may alter the employee's behavior or physical or mental . abilities. 13. Failure to keep prescribed medicine in its original containers, except as provided in Article VI. 14. Refusing to sign a statement acknowledging that the employee has read and received a copy of this policy or the refusal of an employee assigned to work funded by Federal grant monies to sign any drug free certificate required by federal law or regulations as a condition of receiving the grant monies. IX. INSPECTIONS. 1 . Definitions. "Reasonable suspicion " exists when a person responsible for a search is aware of specific articuable facts, and inferences from those facts, which reasonably warrant suspicion that evidence will be uncovered. 2. City furnished work place, vehicles, lockers and other receptacles. The City may search at any time for any administrative or work-related reason, including investigation of the violation of the prohibitions listed in Article VIII, any employer furnished office space, desk, locker, file cabinet, motor vehicle, or other item of City property maintained for the use of employees in their work. ADMINISTRATIVE ORDER - PAGE 5 SUBSTANCE-FREE WORK PLACE • For this reason, employees are discouraged from bringing to the work place items of a personal nature they would not want viewed or inspected by others. 3. Personal items. Closed personal containers and pockets of trousers, shirts, coats and jackets brought to the work place or placed in City furnished vehicles may be searched for evidence of a violation of any prohibition listed in Article VIII only when reasonable suspicion exists. 4. Police officers. When probable cause exists, an item-by-item search of the uniform parts and personal clothing of a police officer, down to the officer's skin or underwear, may occur in investigation of a violation of a prohibition listed in Article VIII. Any such search shall be conducted out of the view of persons not responsible for the search and without physical contact. Searches will be conducted in the presence of the employee if on duty, if off duty the employer shall make a reasonable effort to advise the employee of the search and give him a reasonable opportunity to return and observe the search. Searches conducted in the employee 's absence will be conducted before a bargaining unit representative if the employee is represented. Whenever the City of Pasco has a reasonable suspicion that an employee is • consuming alcohol on City premises or during working hours in violation of this policy, the City may request one or more samples of the employee 's breath or blood for testing for blood/alcohol level. The employee will be given the election of breath or blood testing. Breath testing shall be performed by qualified personnel on equipment and utilizing procedures approved by the State Toxicologist and promulgated in the Washington Administrative Code. If a blood sample is requested, two samples shall be drawn. One sample shall be sent to the State Toxicologist for analysis and the second sample shall be analyzed by a local medical laboratory. If a local medical laboratory is unavailable, then the second sample shall also be sent to the State Toxicologist for analysis. X. CONSEQUENCES FOR VIOLATION OF THIS POLICY. Violation of the City of Pasco ' s alcohol and drug policy may result in severe disciplinary action, including discharge for a first offense. It may also result in a mandatory referral to a treatment or counseling program. The City believes that discharge of an employee is appropriate discipline for the following cases: 1 . When the employee uses, possesses, manufactures, distributes, dispenses, or sells illegal drugs or drug paraphernalia on City premises or City business, in City supplied vehicles, or during working hours. ADMINISTRATIVE ORDER - PAGE 6 SUBSTANCE-FREE WORK PLACE 2. When the employee uses or possesses without authorization, manufactures, distributes, dispenses, or sells a controlled substance on City premises or City business, in City supplied vehicles, or during working hours. 3. When the employee stores in a locker, desk, City supplied vehicle or other repository on City premises any illegal drug, drug paraphernalia or any controlled substance whose use is unauthorized; except in the performance of official duties. 4. When the employee is convicted under any criminal drug statute for a violation occurring on or off the job. 5 . When the employee refuses to submit to an inspection permitted by Article IX when requested by management. 6. When the employee fails to notify the City of any arrest or conviction covered under Article VII. 7. When the employee refuses to sign a statement that he has read and received a copy of this policy. XI. EMPLOYEES SUBJECT TO COLLECTIVE BARGAINING AGREEMENT. • Nothing herein shall be interpreted to supersede or override any provision of any collective bargaining agreement between the City of Pasco and any employee bargaining group; nor shall any provision hereof be interpreted as being enforceable against any employee who is a member of a employee bargaining unit when such provision is required by the laws of the State of Washington to be collectively bargained, without the City of Pasco first complying with the requirements of Washington State law. ADMINISTRATIVE ORDER - PAGE 7 SUBSTANCE-FREE WORK PLACE MEMORANDUM TO: Dick Erickson , Parks Director Bob Alberts , Public Works Director Jess Greenough , Field Superintendent Harold Posthuma, PI t Superintendent FROM: Webster JacksorL/ onnel/Purchasing Officer DATE: January 30 , 1996 SUBJECT: Drug & Alcohol Testing Policy I have attached a copy of the final version of the above subject for your information and files . It is a supplement to Administrative Order No . 65A titled Substance Free Workplace Policy . Please call me if you have questions. j DRUG AND ALCOHOL TESTING POLICY FOR DOT COVERED EMPLOYEES SUBSTANCE-FREE WORKPLACE POLICY SUPPLEMENTATION The City of Pasco and Local No. 280 I.U.O.E. through collective bargaining reached agreement on the substance-free workplace policy set forth in Administrative Order No. 65A, dated August 28, 1992. In accordance with federal law, the City of Pasco is now required to implement alcohol and drug testing and training programs for certain covered employees. This Drug and Alcohol Testing Policy is intended to supplement A. O. lt65A. Strict compliance with this policy is a condition of City employment for the covered employees. Violation of this policy may result in disciplinary action up to and including termination. In the event any provision of the Drug and Alcohol Testing Policy set forth herein is inconsistent with the Substance-Free Workplace Policy in A. O. #65A, the provisions herein shall prevail The City of Pasco maintains an Employee Assistance Program with Lourdes Business Health Services which can provide confidential and professional counseling on problems association with alcohol or chemical dependency. All employees who suspect they may have an alcohol or drug abuse/chemical dependency problem are encouraged to use the resources of the Employee Assistance Program before the problem affects their job performance and/or employment status. The personnel office can answer employee questions with respect to the EAP program and the availability of services. The City Personnel Director or designee shall administer the Drug-Free Workplace Policy and Drug and Alcohol Testing Procedures for implementing applicable federal drug and alcohol testing regulations. All testing will be conducted in accordance with these Procedures to ensure that test results are accurate and reliable. The City of Pasco will carry out these policies and procedures in a manner which respects the dignity of those involved and shall do so in a confidential manner to the extent allowable by law. DRUG AND ALCOHOL TESTING PROCEDURES I. TESTING REQUIRED. Drug and Alcohol testing shall be conducted by the City for CDL covered employees under the following circumstances: A. Pre-employment testing. B. Reasonable Suspicion testing. C. Post-accident testing. aGAR 113412.2SX10058.90000 - 1 - D. Periodic Random testine. E. Return-to-Work testine. He DEFINITIONS. The following terms shall be defined herein as follows: A. Accident: An incident involving any covered employee in the course of his or her employment resulting in any of the following: (1) where there is a loss of life; or (2) there is no loss of life and the driver receives a citation under State or local law for a moving traffic violation arising from the accident. Any accident as defined herein must be reported to the Federal Highway Administration under applicable regulations. B. Alcohol concentration: 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. When the indicated alcohol concentration on an initial alcohol test is different from an indicated alcohol concentration on a confirmatory test, the employee shall be considered to have the lower indicated concentration. C. Alcohol: the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl or isopropyl alcohol. D. Alcohol use: the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. E. Canceled test (drug) : a test which has been declared invalid, and is neither a positive nor a negative test, including a specimen which is rejected by a laboratory for testing. Further testing is required under pre-employment and return to duty testing. F. CDL: a commercial driver's license issued by the State of Washington. G. Conducting the City Business: making decisions that commit the City to some action, or being in a position where the employee' s actions could injure or adversely affect other individuals or the City. H. Confirmatory test (alcohol) : a second test that provides quantitative data of alcohol concentration. I. Confirmatory test (drug): a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screen test and that uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. J. Covered Employees/Covered Position: means all employees who are required in the course of employment to obtain a commercial drivers license (CDL) , or any employment position requiring the same. GAR113412.2SX10058.90000 - 2 - • K. DOT: the U.S . Department of Transportation. L. GC/MS: the only authorized confirmation method of testing for the presence of cocaine, marijuana, opiates, amphetamines and phencyclidine. M. Medical Review Officer (MRO) : a licensed physician responsible for receiving laboratory results generated by the City's drug testing program, who has knowledge of substance abuse disorders, and who has appropriate medical training to interpret and evaluate an individual' s confirmed positive test result, with his or her medical history, and any other relevant biomedical information. N. Prohibited drugs: means (1) any "Controlled Substance" defined under RCW 69.50 and specifically including Marijuana (cannabinoids) and metabolites, Cocaine and metabolites, Amphetamines and metabolites, Opiates (narcotics), and PCP (Phencyclidine) ; or (2) "Legend Drugs" defined under RCW 69 .41 ("prescription") where the prescription is (a) unlawfully obtained; (b) used by a person other than the one for whom the prescription was written; (c) misused or use in any manner other than that for which the drug was prescribed. O. Proof of wellness: a notice from a substance abuse professional indicating the applicant/employee is no longer dependent on a prohibited drug and/or alcohol to the extent such dependency affects the employee's ability to perform his or her work in a safe and productive manner. P. SAMHSA: the Substance Abuse and Mental Health Services Administration, U.S . Department of Health and Human Services. Q. Screening Test (alcohol): an analytical procedure to determine whether a covered employee may have a prohibited concentration of alcohol in his or her system. R. Substance abuse professional: a licensed physician (including Medical Doctors or Doctors of Osteopathy), licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) , with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders. S . Threshold levels: The threshold level required for a positive drug test finding shall be those threshold levels adopted as the DOT/SAMHSA threshold levels from time to time in the Federal Register. Current threshold levels are in Appendix A. III, APPLICATION. A. Covered Employees. The Drug-Free Workplace Policy and the Drug and Alcohol Testing Procedures shall apply to all covered City employees. • GARI 13412.28x!0058.90000 - 3 - B. Independent Contractor. Vendor Employees and Visitors. Visitors, independent contractors, their employees, and vendor employees are expected to be free from the influence of drug or alcohol while conducting business for or in the name of the City. Any contractor or violating this vendor employee or g policy will not be allowed to continue to conduct business and his or her supervisor, if appropriate, will be notified. IV1 PROHIBITED CONDUCT. It shall be a violation of the City's Drug-Free Workplace Policy and grounds for discipline up to and including termination for any covered employee to do any of the following: A. Refuse to Submit to a Drug/Alcohol Test Where Required. Refusal includes any of the following actions: 1 . Leaving the scene of an accident before a testing decision is made. 2. Consuming alcohol after an accident and before a testing decision is made. 3 . Verbally declining, after being given a clear and specific order, to submit to urine and/or breath testing. 4. Failure to provide adequate breath for testing or failure to produce a urine specimen without a valid medical explanation after receiving notice of the requirement to be tested. 5 . Engaging in conduct that clearly obstructs the collection process. B. Provide False Information and/or Attempt to Contaminate or Alter a Urine Specimen or Breath Sample. C. Refuse or Fail to Comply with Treatment and After-Care Recommendations. D. Subsequent violation of Drug-Free Workplace Policy after first offense. An employee who is returned to work or is re-employed after having violated the City's Drug-Free Workplace Policy and who then is found to have violated the Policy on a second or subsequent occasion within five years of the first offense, may be subject to discipline up to and including termination. E. Pre-duty Use of Alcohol or Prohibited Drugs. No covered employee shall report to work under the influence of prohibited drugs or within four (4) hours after using alcohol. On-call (Stand-by) employees shall not report for on-call duty under the influence of prohibited drugs or within four (4) hours after using alcohol. Employees on standby are expected to be in an acceptable condition to respond to standby calls to return to work. Any employee, regardless of active or on-call status, who reports to work and fails to inform their supervisor that they are GAR113412.2SX/0058.90000 - 4 - • or may be under the influence of a prohibited drug or alcohol shall be subject to discipline up to and including termination. F. Use of Prescription and Over-Counter Medication Drugs Requires Prior Supervisor Notification . 1 . Employees undergoing prescribed medical treatment with any drug or taking over-the-counter medication, which they have reason to believe may alter their behavior or physical or mental ability must report this treatment to their supervisor. The supervisor will determine whether the City should temporarily change the employee's job assignment during the period of treatment, or permit the employee to work at all. Under no circumstances shall an employee be allowed to operate equipment or vehicles when it reasonably appears his/her ability to do so is impaired. 2. Employees must keep all prescribed drugs in its original container, which identifies the drug, date of prescription and prescribing doctor. Provided, an employee may satisfy this requirement by notifying their supervisor of the prescription, show the prescription if requested, and carry the drug in an alternative container. V. COMMUNICATION OF POLICY TO COVERED EMPLOYEES A. Current Employees. All covered employees will receive a copy of this policy at least thirty (30) days before the implementation date and will acknowledge receipt by signature. In addition, the Policy and Procedures will be posted. B. New Employees. All new CDL holders hired after the effective date of the policy will be given a copy of this policy and Administrative Order 65-A as a part of new employee orientation. New employees will acknowledge they have read the policy and such acknowledgment will be noted by signature in employee personnel files. C. Reassigned/Transferred Employees. All employees transferring into or new employees being reassigned to a covered position will be notified of this policy by the City. VI. TRAINING: COVERED EMPLOYEES AND SUPERVISORS A. Covered Employees. All covered employees, including new employees or employees transferred or reassigned to covered positions will receive information and training on the effects and consequences of drug and alcohol use on personal health, safety, and the work environment and the manifestations and behavioral clues indicative of drug and alcohol use and abuse. B. SuMrvisor/Managers. All supervisor/managers who make reasonable suspicion determinations for drug and alcohol testing and the Union stewards of covered employees will receive training that meets or exceeds DOT standards for training on the physical, behavioral • GARI 13412.2SX 10058.90000 . 5 - and performance indicators of probable drug and alcohol use. Newly promoted supervisors will not make reasonable suspicion determinations until they participate in a supervisory training process to acquaint them with the physical, behavioral and performance indicators of probable drug use. Training in this area will meet or exceed DOT standards. VII. TESTING PROCEDURES. The City shall perform drug and alcohol testing of covered employees under the following circumstances: A. PRE-EMPLOYMENT TESTIN G. ' All offers of employment for positions covered by the City' s Drug-Free Workplace Policy and Drug and Alcohol Testing Procedures shall be contingent upon the applicant completing and passing a drug and alcohol test. Applicants failing a pre-employment drug or alcohol test shall not be eligible for employment unless an adequate explanation of results is received from the applicant' s physician. If an applicant fails or refuses to provide the City with an adequate explanation of the positive results, he or she will not be considered further for the vacant position. The applicant may apply for other future openings as they become available only upon submission of proof of wellness as defined herein. 1 . Notification of Testing Requirement. Applicants will be notified of the requirement to pass drug and alcohol tests at the time of application. 2. Test Specimens. The following specimens shall be taken for job applicants: a. Alcohol Testing: all applicants for a covered position will be subject to the collection of a breath sample(s) to determine consumption of alcohol. b. Drug Testing: all applicants for covered positions will be subject to a SAMHSA panel test for prohibited drugs. 3. Canceled Test. When a pre-employment drug and alcohol test is determined to be a canceled test by the MRO, the applicant will be required to immediately submit another sample specimen for testing. Be REASONABLE SUSPICION TESTIN G. All covered employees will be subject to drug or alcohol testing if there is reasonable suspicion to believe that his or her work performance is impaired due to the fact that he or she is using or under the influence of a prohibited drug or alcohol. ' Pre-employment testing is not a mandatory subject of bargaining but is included in the policy for convenience of reference as to City compliance with DOT regulations. • GAR 13412.2Sxl0058.90000 . 6 - • 1 . Reasonable Suspicion Defined: A reasonable suspicion exists when a trained supervisor has an objective belief based upon articulable facts and circumstances that an employee' s work performance is impaired due to the fact that the employee is using or under the influence of a prohibited drug or alcohol. The facts and circumstances which shall be considered in forming such a belief include specific, contemporaneous, articulable observations concerning the appearance, behavior, actions, speech or body odors of the employee. 2. Steps in Ordering Testing. a. Confidential Interview--Union Representation. When a trained supervisor has a reasonable suspicion that a covered employee is using or under the influence of prohibited drugs or alcohol, the supervisor shall interview the covered employee in a private area. The inquiry shall be performed in a manner which respects the dignity of those involved and shall be conducted in a confidential manner to the extent allowable by law. PROVIDED, HOWEVER, bargaining unit employees may request a union representative be present during the questioning and a reasonable opportunity provided for a representative to arrive. A written form as set forth in Attachment B shall be provided to the employee before questioning starts for the employees signature. PROVIDED. HOWEVER, that the failure of a representative to appear in a timely fashion shall not result in further delay of the interview and testing process. At least 30 minutes shall be permitted for representative response. If the interview process would result in a delay in testing beyond the time periods established in Part IV(C) below, interviews shall be conducted after the testing process. b. Concurrence required. When a trained supervisor has reasonable suspicion that a covered employee is using or under the influence of prohibited drugs or alcohol, the supervisor shall seek concurrence from another trained supervisor that a drug or alcohol test should be performed. Concurrence will normally be obtained in person but may be obtained telephonically when another trained supervisor is not timely available for in person observation. The supervisor requiring that a drug and/or alcohol test be taken shall prepare a written report stating the facts and circumstances on which the reasonable suspicion is based. C. Transportation Assistance. The employee will be accompanied to the test specimen collection site by a supervisor or manager. The employee will be provided transportation home. If the • GAR 113612.2SX/0058.90000 . 7 - employee refuses and demands to drive his or her vehicle, the City shall notify law enforcement. d. Relief from Dom--Out of Service Order. The employee will be placed on temporary administrative leave with pay under an out of service order until the results of the drug and/or alcohol test are complete and verified. The employee shall remain out of service for a minimum period of 24 hours and may not return to work during that time unless test result are received within a shorter period of time with a "negative" drug or alcohol result. e. Test results--emoloyee discipline. Any covered employee violating the City's Drug-Free Workplace Policy may be subject to discipline up to and including termination. C. POST ACCIDENT TESTIN G. All employees will be subject to drug/alcohol testing in the event that he or she is involved in an "accident" as defined herein, during the course of his or her employment. 1 . SSeps in Ordering Testing. a. Notify the MRO. Explain the circumstances of the accident. The MRO will telephonically assist in facilitating the specimen collection process. b. Collection Timing. The specimen should be collected as soon as possible after the accident. (1) Alcohol test. Alcohol testing should occur within two hours of the accident. If the collection occurs after two hours but within eight hours of the accident, a report must be filed with FHWA for FHWA covered employees. After eight hours has elapsed, breath alcohol testing will be done at the discretion of the City. (2) Drug test. Urine collections for drug testing must occur with 32 hours of the accident. C. Relief from Duty--Out of Service Order. The employee will be placed on temporary administrative leave with pay under an out of service order until the results of the drug and/or alcohol test are complete and verified. The employee shall remain out of service for a minimum period of 24 hours and may not return to work during that time unless test result are received within a GAR1134I2.2SX/005B.9WW - 8 - shorter period of time with a "negative" drug or alcohol result. d. Collection of Documentation. The City shall collect and document as many facts and observations as possible immediately following the accident. Accident investigators, either employees or contracted individuals, should be used to accurately document critical information. The time and date of both the occurrence of the accident and specimen collection shall be recorded. D. RETURN TO DUTY AND FOLLOW-UP TESTIN G. 1 . Criteria. An employee having previously tested positive for drugs or alcohol, or voluntarily acknowledged being under the influence of drugs or alcohol while on duty, will be required to pass a drug and/or alcohol test before being returned to duty. Such employees will not be allowed to return to work until they test negative for the prohibited drugs and submit proof of wellness. 2. Follow-up Testing--Fees.Fees. An employee having previously tested positive for drugs or alcohol, or voluntarily acknowledged being under the influence of drugs or alcohol while on duty may be subject to unannounced drug and/or alcohol tests for up to 60 months after returning to work. The specific number will be recommended by the substance abuse professional, but the final determination shall be made by the MRO. All return to duty and follow-up testing costs will be paid by the employee. E. RANDOM TESTING. 1 . AWlication. All covered employees shall be subject to unannounced testing for drugs and/or alcohol. The selection rate for covered employees for any given test will be no less than 50 % of covered employees for urine drug testing and 25 % of covered employees for breath alcohol testing. 2. Notification of Emnlovee. When notified of a random selection, covered employees shall cease work functions and immediately proceed to the collection site. In the event an employee tests positive for prohibited drugs or alcohol, the MRO shall be notified by the testing laboratory and the procedures set forth in Section VIII, herein shall be followed. VIII. ROLE OF THE MEDICAL REVIEW OFFICER (MRO) AND CONSULTING PHYSICIAN A. Recipient of Drug Testing Results. The MRO will be the sole recipient of SAMHSA drug testing results from the laboratory and positive results of all non-SAMHSA drug testing results. • GAR 113412.23X/005$.90000 - 9 - I I • 1 . Verification of Positives. The MRO will verify that the laboratory report of a positive result is reasonable. The MRO, if necessary: a. When requested by the applicant/employee, will review the individual' s medical history, including any medical records and biomedical information provided. b . When requested by the applicant/employee, will afford the individual an opportunity to discuss the test results with the MRO. C. Will determine whether there is a legitimate medical explanation for the result, including legally prescribed medication. d. Will request, as needed, pertinent analytical records or require re-analysis of any specimen to verify results. e. Will determine if there is clinical evidence, in addition to the urine test, of an unauthorized use of any opium, opiate, or opium derivative if the laboratory does not confirm the presence of 6- monoacetylmorphine. B. Post Accident Specimen Collection Facilitation. The MRO, when requested, will assist in facilitating the collection of specimens after an accident. C. Fit for Work Consultation. The MRO will, when requested, be available for consultation to determine the ability of an employee to report to work or continue work when the employee is suspected of being under the influence of over-the-counter medication and/or prescription medication. D. Return to Work Consultation. The MRO will, when requested, review the records and examine, when appropriate, all employees returning to duty after a positive drug urine or wanting to return to duty after having refused to take a drug/alcohol test. The MRO will consult with treatment counselors and the City Personnel Director and other City staff on a need to know basis when malting the evaluation. E. Release of Results. Test results will be released only under the following circumstances: 1 . The MRO will report all positive test results (after review) and all positive and negative SAMHSA test results to the City Personnel Director or his/her designated representative. • GAR113412.2SX/0058.90000 - 10 - 2 . The MRO may release the results to a third party only when the person tested signs an authorization for the release to an identified person. 3 . The MRO will release the results of a drug/alcohol test to the person who was tested. F. Re rtin . The MRO will report only to the City Personnel Director or Po g Po Y designee. The MRO will retain records for five years of individuals who do not pass a drug/alcohol test. Reports of individuals who do pass a drug/alcohol test will be retained for one year. Records related to the collection process will be retained for two years. The MRO will provide the City Personnel Director or its designated representative the information necessary for the preparation of federal reports. G. Contac t. 1 . Testing Laboratories. The MRO will be the primary contact for technical inquiries to the testing laboratory. 2. Treatment and Rehabilitation Facilities. The MRO will have direct contact with substance abuse professionals regarding drug positive employees. IX. GENERAL TESTING REQUIREMENTS. iA. SMgimen Collection. Breath and urine specimens will be collected in accordance with the procedures specified in 49 CFR Part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs. " 1 . Soecimen Collection Sites. Urine, breath, or blood specimens will be collected at sites jointly approved by Lourdes Business Health. 2. Soecimen collection personnel. The only persons authorized to collect specimens are as follows: Urine - Persons trained in the SAMHSA collection process. Breath - Persons employed or approved by Lourdes Business Health Services who have been trained as Breath Alcohol Technicians in a DOT approved training program. Blood - Persons authorized or certified by state law to draw blood. 3 . S121it specimens--drug testing. All urine collections for covered employees will be split into two specimens (primary specimen and split specimen) and shipped to the laboratory. The split specimen will only be used in confirmatory testing where the • GAR113412.2SX/0058.90000 - 11 - primary specimen tests positive for prohibited drugs, and where the employee or City makes a written request to the MRO within 72 hours of notification of the positive test result. Retesting costs shall be borne by the requesting party, provided if the result of the second test fails to confirm the initial result, the City shall reimburse the employee for the cost of the second test. B. Testing Laboratories. Only laboratories and laboratory systems approved for the testing of urine specimens by the U. S . Department of Health and Human Services, SAMHSA will be used. The laboratory will provide summary information on number of tests and results. Confirmatory tests shall be performed for all drug and alcohol tests. GC/MS confirmatory testing shall be performed for drug tests. C. Canceled Test. When a test is determined by the MRO to be a canceled test, the employee will be required to immediately submit another sample specimen for testing. D. The results of a breath or blood test for the use of alcohol or a urine test for the use of drugs conducted by federal, state or local officials having independent authority for the tests shall be considered to meet the requirements of this section, provided such tests conform to applicable federal state or local requirements. X. SUPERVISOR RESPONSIBILITIES A. Reasonable Suspicion and Post Accident Testing. Supervisors and managers are expected to base testing requests on objective observations and to thoroughly document all steps. B. Confidentiality. Supervisors and managers will communicate information regarding a fit for work incident strictly on a need-to-know basis. C. Accountability. Supervisors and managers who knowingly disregard the requirements of this policy with respect to fit for work concerns will be regarded as neglecting their responsibilities and may be disciplined up to and including termination. XI. EMPLOYEE ASSISTANCE PROGRAM A. Intent. The City strongly encourages employees who have personal problems to utilize the Employee Assistance Program (EAP) before those problems affect their job performance. Employees who voluntarily seek assistance in dealing with emotional distress, personal health problems or problems relating to alcohol or drug use before there is a performance issue will be provided the same leave benefits as with any other health-related issue. Employees will be held accountable for job performance regardless of participation in or requests for referral to the employee assistance program. B. Management Referrals. Employees who are referred to the EAP as a part of supervisory performance counseling or intervention are assured of confidentiality to the extent • GAR113412.2SX70058.90000 - 12 - . allowed by law. Only those in the chain of responsibility and the Personnel Director may be made aware of a EAP referral/treatment request. C. Positive Test Referrals. Employees who test positive for the presence of alcohol or prohibited drugs and are retained as an employee, shall be referred to the City's Employee Assistance Program for assessment and will be required to fulfill specified steps of treatment before being considered ready for evaluation for return to duty. Employees may be allowed the opportunity for rehabilitation following a positive alcohol or drug test under the following conditions: 1 . Voluntary self-referrals by the employee prior to any type of incident or accident. 2. Management intervention/referral prior to any incident or accident. D. Return to Work Evaluation. No employees shall return to work after a positive test for alcohol or prohibited drugs until they have been evaluated by a substance abuse professional and submit proof of wellness. Return to work shall occur only with the approval of the Personnel Director and upon execution by the employee of a Return to Work Agreement. E. Confidentiality and Conduct. A direct request by the employee for assistance will be made a part of the employee' s medical file and not their personnel file. Any written • performance evaluation(s) or disciplinary action will be placed in the employee' s personnel file. F. Free From Discrimination. No employee shall be discriminated against on the basis of a positive drug or alcohol test or on the basis of a request for assistance with a drug or alcohol problem. Continued employment with the City for all employees shall be based upon satisfactory job performance, including compliance with the provisions of this policy. G. Return to Work Agreement. 1 . After Mandatory Referral. Prior to returning to work after mandatory referral for drug or alcohol evaluation and counseling, each covered employee shall enter into a Return to Work Agreement with the City which shall contain at least the following: a. A release to work statement from an approved treatment specialist. b. Evidence of a plan setting out aftercare and follow-up treatment procedures with the substance abuse professional and Medical Review Officer for a minimum of six months. Longer periods of follow-up may be specified by the assistance counselor. • GAR113412.2SX10058.90000 - 13 - . i . C. An evaluation and recommendation of fitness for return to work by the Personnel Director and the MRO. d. A negative test for prohibited drugs and alcohol. e. An agreement to unannounced drug/alcohol testing for up to five years as determined by the MRO, so long as the employee remains in a covered position. f. A statement of expected compliance with the City work rules, policies, and procedures. g. Specific agreement by the employee that violation of the agreement may be grounds for termination. 2. After Voluntary Self-Referral. Covered employees self-referring to a substance abuse treatment program, with the prior knowledge of their supervisor, shall be required to execute a Return to Work Agreement only where the employee has violated the City' s Drug-Free Workplace Policy. XII. CONFIDENTIALITY. RECORD-KEEPING AND REPORTS A. Confidentiality. • 1 . Test Results. All test results will be regarded as medical data and will be stored in a separate location from the employee's general performance file. The status of an employee' s drug/alcohol test will be communicated within the City on a strict need-to-know basis. 2. Employee Assistance Referrals. Any knowledge of an employee's attendance at a substance abuse treatment program will be treated the same as medical data and will be filed in the employee's medical file. The status of an employee' s involvement with employee assistance and/or substance abuse treatment will also be communicated within the City on a strict need-to-know basis. 3 . Employee Knowledge. Reports received by the City will be subject to inspection by the covered employee. B. Record-Keening. 1 . Test/Collection Records. Original test results will be maintained by the Medical Review Officer. The City will also maintain test result records received from the MRO, which will be stored in a secure location with controlled access. All records relating to the urine and alcohol collection process will be maintained by the City, the Medical Review • GAR 13412.2SX 10058.90000 - 14 - Officer, and the collection site (if other than the Medical Review Officer and/or on-site collection). 2. Record Retention Schedule. • Ten years - records relating to the administration of the Fit for Work policy, including policy and program development, employee awareness and supervisory training, collection site training, and program administration. • Five years - records of positive drug and alcohol tests; refusals to take required drug/alcohol tests; calibration documentation; and referrals to the substance abuse professional. • Two years - records relating to the breath and urine collection process. • One year - records of negative drug and alcohol test results. 3 . Destruction. Following the required period of retention for any employee drug and alcohol test record required to be maintained under this policy, the record shall be destroyed by shredding. C. DOT RQgrt s. The City will file an annual report with DOT summarizing the results of the anti-drug and alcohol misuse prevention program. DATED this day of 199 CITY OF PASCO LOCAL NO. 280 I.U.O.E. C fie , City Ma0ger Larry Johi ston, Business Representative • GAR113412.2SX/0058.90000 - 15 - it ATTACHMENT A Positive Drug Test Threshold Levels A threshold level is the amount required to declare a positive finding. The current DOT/SAMHSA threshold levels are listed below. Drug or Metabolite Urine Screen GCWIS CutOff Nanograms Nanograms Cannabinoids (metabolites of marijuana) 50 ng. 10 ng. Cocaine (metabolites of cocaine) 300 ng. 150 ng. Amphetamines 1 ,000 ng. 500 ng. Opiates (narcotics) 300 ng. 100 ng. Phencyclidine (PCP) 25 ng. 20 ng. I • ATTACHMENT B Notice of Right To Union Representation During Questioning - Reasonable Suspicion Testing A trained supervisor believes reasonable suspicion exists that you are under the influence of alcohol or drugs. You will be interviewed by the supervisor with respect to the confirmation or dispelling of the reasonable suspicion prior to a drug test being administered. YOU HAVE THE RIGHT TO THE PRESENCE OF A UNION REPRESENTATIVE DURING QUESTIONING, unless you either voluntarily waive that right or a Union representative is unable to appear in a timely fashion (at least thirty (30) minutes will be provided). Check one box: rn I request a union representative be present before questioning starts and during all LJ questioning. rn I understand my right to the presence of a Union representative but waive that right of u my own free will and without duress. Signed this __-,_ day of , 199_. (employee's signature) Sul&rvisor Only In the event the employee refuses to check a box and/or sign the above notice, note the date, time of refusal below. Date: Time: In the event a union representative is not timely available to be present during questioning, explain: Supervisor Witness