HomeMy WebLinkAboutN-280 - Substance-Free WorkplaceCITY OF PASCO
ADMINISTRATIVE ORDERS
Administrative Order No. 280
Personnel Policies & Procedures
Subject: Substance -Free Workplace
Initial Effective Date: 8/28/92
Revised
10/13/18
Approved
DZ
PURPOSE
The purpose of this policy is to ensure the health, welfare, and safety of City employees, and the citizens
whom they serve, and to comply with federal mandates regarding drugs and alcohol in the workplace.
This Order supersedes and replaces Administrative Order No. 65A
POLICY SUMMARY
Part I of this policy, which applies to all City employees, specifies objectives, education, detection,
rehabilitation, testing protocol, prohibited acts, treatment and discipline related to drug and alcohol use in
the workplace.
Part II of this policy, which applies to employees in special positions, specifies prohibited alcohol-related
and controlled -substance activities, testing (pre-employment, random, reasonable suspicion, post-
accident, return -to -duty, follow-up), dilute samples, rehabilitation and counseling, prescription drug use,
employee rights and responsibilities, discipline, collection and testing procedures, retention of records and
confidentiality, and education related drug and alcohol use in the workplace.
SCOPE AND APPLICABILITY
Part I of this policy applies to all regular, temporary and seasonal employees of the City of Pasco, except
those employees covered under Part II. It is a condition of employment that all employees abide by the
terms of this policy.
Part H applies to every City employee whose position requires the possession of a Commercial Driver's
License (CDL); every City employee performing a "safety -sensitive function" as defined herein, and any
person applying for such positions. Drug and Alcohol tests shall be administered in accordance with
49CFR Part 655.49(a).
For the purpose of this policy, the following terms have the meanings indicated:
Accident — Accident means an occurrence associated with the operation of a vehicle if, as a result:
➢ An individual dies;
➢ An individual suffers a bodily injury and immediately receives medical treatment away from the
accident scene;
➢ A vehicle sustains disabling damage and is transported away from the accident scene by a tow
truck or other vehicle; or
➢ A revenue service vehicle is removed from revenue service.
Alcohol — Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, and/or other low
molecular weight alcohol including methyl and isopropyl alcohol.
Alcohol Concentration/Content — Alcohol concentration/content means 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.
Alcohol Test — An alcohol test is a test conducted by a Breath Alcohol Technician, or any other person
approved by the Department of Transportation rules, using an Evidential Breath Testing Device (EBT) to
measure the amount of alcohol concentration in a volume of breath; provided, however, that a blood
alcohol test may be used instead of a breath test when an employee is unable to provide a sufficient
amount of breath or a BAT is not readily available.
Alcohol Use — Alcohol use means the consumption of any beverage, mixture, or preparation, including
any medication, containing alcohol.
Breath Alcohol Technician — A Breath Alcohol Technician (BAT) is an individual who instructs and
assists individuals in the alcohol testing process and operates EBT devices.
Commercial Motor Vehicle — A commercial motor vehicle means a motor vehicle or a combination of
motor vehicles used in commerce to transport passengers and/or property if the motor vehicle:
➢ Has a gross weight of 26,001 or more pounds, including combined weight if towed unit has a
gross vehicle weight rating of more than 10,000 pounds;
➢ Is designed to transport 16 or more passengers, including the driver; or
➢ Is of any size and is used to transport materials found to be hazardous for purposes of the
Hazardous Materials Transportation Act and which require the motor vehicle to be placarded
under the Hazardous Material Regulations (149 CFR 172, subpart F).
Confirmation Test —
➢ For alcohol testing, a confirmation test means a second test, following a screening test with a
result of 0.02 or greater, that provides quantitative data of alcohol concentration.
➢ For controlled substance testing, a confirmation test means a second analytical procedure to
identify the presence of a specific controlled substance or controlled substance metabolite which
is independent of the screen test and which uses a different technique and chemical principle from
that of the screen test in order to ensure reliability and accuracy.
Controlled substance is generally a drug or chemical whose manufacture, possession, or use is regulated
by a government, such as illicitly used drugs or prescription medications that are designated by law.
Controlled Substance Test — A method for determining the presence of controlled substance in a urine
sample using a scientifically reliable method performed in accordance with procedures specified in 49
CFR part 40, as amended.
Conviction — finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by
any judicial body charged with the responsibility to determine violations of Federal, State, or City drug
laws.
Counseling — participation in a substance abuse counseling program provided through the City of Pasco
Employee Assistance Program (EAP).
Criminal Drug Statute — criminal law involving the manufacture, distribution, dispensing, use or
possession of any controlled substance.
Drug and Alcohol Abuse — the use of a substance, including medically authorized drugs, which impairs
job performance or poses a hazard to the safety and welfare of the employee, the public, or other
employees.
Failing a Controlled Substance or Alcohol Test — Failing a controlled substance or alcohol test means
that the controlled substance or alcohol test showed positive evidence of the presence of a controlled
substance or alcohol in an employee's system that is at or above a determined threshold level. This
determination shall be made by the City Medical Review Officer (MRO) under the same standards as
passing a substance test. Failing a substance test shall be referred to as "testing positive." Employees who
refuse to take a substance test when requested to do so shall be considered to have failed the substance
test.
Evidential Breath Test Device — An Evidential Breath Testing Device (EBT) is a device approved by the
National Highway Traffic Safety Administration (NHTSA) and placed on the NHTSA's Conforming
Products List (CPL) and is used for the testing of breath for the presence of alcohol.
Medical Review OrIcer — A Medical Review Officer (MRO) is a licensed physician (medical doctor or
doctor of osteopathy) responsible for receiving laboratory results generated by the City's drug testing
program who has knowledge of substance abuse disorders and has appropriate medical training to
interpret and evaluate an individual's confirmed positive test result together with his or her medical
history and any other relevant biomedical information.
Medically Authorized Drugs or Substances — Drug or substance prescribed by a licensed
practitioner/physician or dentist for use in the course of medical treatment.
Passing a Controlled Substance Test — An individual passes a controlled substance test when a MRO
determines, in accordance with the DOT procedures, that the results of the test:
➢ Showed no evidence or insufficient evidence of a controlled substance or controlled substance
metabolite;
➢ Showed evidence of a controlled substance or controlled substance metabolite for which there is a
legitimate medical explanation;
➢ Showed evidence of a controlled substance or controlled substance metabolite below a
determined threshold level; or
➢ Were suspect because of irregularities in the administration of the test, or observation, or custody
and control procedures.
➢ Passing a controlled substance test shall be referred to as "testing negative."
Passing an Alcohol Test— Passing an alcohol test means that the alcohol test result shows an alcohol
concentration of less than 0.04. Passing an alcohol test shall be referred to as "testing negative."
Reasonable Cause — All of the facts and circumstances available at the time of an incident which would
lead any reasonable person to the same conclusion.
Refusal to Submit — An employee "refuses to submit' to an alcohol or controlled substance test when the
employee fails to provide adequate breath or urine for testing without a valid medical explanation, or the
employee engages in conduct that clearly obstructs the testing process.
Revenue Service Vehicle — A vehicle used to transport fare paying passengers, including a bus or trolley
bus.
Safety -Sensitive Position — A position that requires the performance of one of the following safety -
sensitive functions:
➢ Operating a revenue service vehicle, including when the vehicle is not in revenue service;
➢ Operating a non -revenue service vehicle, when required to be operated by a holder of a CDL;
➢ Controlling dispatch or movement of a revenue service vehicle;
➢ Maintaining a revenue service vehicle or equipment used in revenue service, unless the recipient
receives section 18 funding and contracts out such services. Maintaining a revenue service
vehicle includes any act which repairs, provides upkeep to a vehicle, or any other process which
keeps the vehicle operational. It does not include cleaning the interior or exterior of the revenue
service vehicle or transit facility, and
➢ Carrying a firearm for security purposes aboard a revenue service vehicle.
Screening Test —
➢ For alcohol testing, a screening test is an analytical procedure to determine whether an employee
may have a prohibited concentration of alcohol in his/her system.
➢ For controlled substance testing, a screening test means an immunoassay screen (or other
Department of Health and Human Service (DHHS) - approved test) utilized to eliminate
"negative" urine specimens from further consideration.
Substance Abuse Professional — A substance abuse professional (SAP) is a licensed physician (medical
doctor or doctor of osteopathy), or a 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 alcohol and controlled substance related disorders.
Unreasonable Delay — delay of the testing procedure for a period of time which would render the test
useless or inaccurate.
Written Medical Authorization — prescription or other written approval from a licensed
practitioner/physician or dentist for the use of a drug in the course of medical treatment. The authorization
must include the name of the substance, the period of authorization, and whether the prescribed
medication may impair job performance.
POLICY AND PROCEDURES
Introduction
The City of Pasco recognizes that employees are its most important resource and that their well-being is
vital. Unfortunately, drug and alcohol abuse has become a major barrier to a healthy, safe and efficient
work environment. It shows up in higher accident rates, higher workers' compensation costs, greater
absenteeism, and increased health insurance costs.
In an effort to overcome drug and alcohol abuse and the corresponding problems, the federal government
enacted the Drug Free Workplace Act of 1988; and on February 15, 1994, the United States Department
of Transportation (DOT), acting through the Federal Highway Administration (FHWA) and the Federal
Transit Administration (FTA), promulgated new drug and alcohol testing regulations. The Department of
Transportation (DOT) issued 49 CFR Part 40 Procedures for Transportation Workplace Drug and Alcohol
Testing Programs, on December 1, 1989, which prescribed testing methods. The revised 49 CFR Part 40
was published on December 19, 2000, with an effective date of August 1, 2001 and subsequently updated
May 4, 2012.
Administration
The City Division of Human Resources is responsible for taking the necessary steps to ensure that
employees, supervisors, managers, contractors, suppliers, and others who may be performing work or
providing services on City property, or on behalf of the City, comply with the Policy.
PART I — DRUG AND ALCOHOL ABUSE POLICY
Objectives
It is the policy of the City of Pasco to provide a drug and alcohol free work place for its employees
The City's philosophy on drug and alcohol abuse is to emphasize training and rehabilitation. Counseling
and support will be made available through an Employee Assistance Program, and the employees' right to
privacy will be respected at all times.
The following sections provide guidelines for employees and supervisors for the detection and deterrence
of drug and alcohol abuse in the work place. Detection of substance abuse is provided through pre-
employment screening, supervisor and co-worker education, and, where reasonable cause exists, verified
testing of current employees. The standards by which such tests will be conducted are set out. Acts which
constitute a violation of Policy Part I are defined, and the consequences for violation are established.
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Education
The City of Pasco recognizes the need to provide education and training in the areas of drug and alcohol
abuse and the major factors which contribute to it. All employees will receive an initial training session
regarding substance abuse in the workplace and reasonable suspicion testing.
Supervisors who may make reasonable suspicion determinations will receive additional training that will
cover the physical, behavioral, and performance indicators of probable alcohol misuse and controlled
substance use.
The City also recognizes that drug and alcohol abuse can be successfully treated, enabling an employee to
return to satisfactory job performance. Employees who are concerned about their own drug and alcohol
abuse are encouraged to voluntarily seek assistance through the City Employee Assistance Program. All
such voluntary requests for assistance will remain confidential.
Employee Rights and Responsibilities
The City shall not require an employee to undergo a drug screening test unless there is reasonable cause
to believe the employee is under the influence of a substance which impairs job performance or which
causes the employee to pose a hazard to the safety of the employee, the public, or other employees.
Nothing in Policy Part I is intended to require random testing of employees.
Any voluntary request by an employee for assistance with his or her own drug and alcohol abuse problem
will remain confidential and shall not be used as the basis for any disciplinary action, provided that the
request for assistance is initiated prior to a drug and alcohol abuse related on-the-job incident.
Each employee using medically authorized drugs or substances which can impair job performance shall
report this fact to their supervisor prior to beginning duty, and shall provide proper written medical
authorization to work. It is the employee's responsibility to determine from the physician whether or not
the prescribed drug would impair their job performance.
In accordance with the Drug Free Work Place Act of 1988, as amended an employee who is convicted of
any criminal drug statute for a violation occurring in the work place shall notify the Human Resources
Manager no later than five days after such conviction.
Each employee who observes or has knowledge of another employee in a condition which impairs their
ability to perform job duties or poses a hazard to the safety and welfare of others shall promptly report the
incident to their immediate supervisor.
An employee who is the subject of a drug and/or alcohol abuse investigation, or who requests or is
required to submit to a Substance Abuse Examination in accordance with this Policy Part I, shall be
entitled to have a Union Representative or other observer of their own choosing present during the
investigation, provided that such request for an observer does not cause an unreasonable delay.
Detection
Pre-employment examination. Prospective employees of the City of Pasco, in a safety sensitive
position, shall undergo a drug screening test prior to employment. A confirmed positive test for controlled
substances, or refusal to take the examination, will result in disqualification for employment for a period
of six (6) months.
Examination for reasonable cause. An employee may be required to undergo a Drug and/or Alcohol
Abuse Examination when reasonable cause exists to believe the employee is under the influence of a
controlled substance and the steps outlined in the Supervisors Checklist for Drug and Alcohol Abuse are
followed.
Searches of City -owned property. The City reserves the right to search, without employee consent, all
City -owned property, and any property or area jointly or fully controlled by the City when reasonable
cause exists to believe the search will reveal evidence of violation of this Policy Part I.
Rehabilitation
The City recognizes the value of trained, experienced employees, and, to the extent it deems treatment
and rehabilitation are effective, it will pursue those avenues prior to resorting to disciplinary measures.
Appointments with the EAP may be scheduled on City time with prior approval of the employee's
supervisor, for up to two (2) visits per year, per incident and per dependent. Sick leave or other accrued
time shall be used for time spent beyond the above limit for the purpose of extended counseling or
treatment.
Testing Protocol
All drug and alcohol abuse examinations required under Policy Part I shall be administered at a facility
designated by the City.
The employee shall provide samples of breath and urine to test for the presence of alcohol and/or drugs,
and shall sign an authorization to release the results of those tests to the City Human Resources Manager;
provided, however, that a blood alcohol test may be used instead of a breath test when an employee is
unable to provide a sufficient amount of breath or a breath alcohol technician is not readily available.
Whenever the City of Pasco requires a blood and/or urine sample, it shall be administered in accordance
with the following procedure.
1. The blood is drawn by a medical technologist. The urine sample is produced by the employee
alone in a restroom. The medical technologist examines the restroom before and after to ensure
that no other samples were present and that no substances were available for tampering. Each
sample shall be subjected to a laboratory testing protocol to detect tampering.
2. The medical technologist takes the samples, seals them, labels them with the employee's
identification, and signs a document which begins a formal chain -of -possession procedure. Each
person who handles the samples, including the person who performs the tests, must sign this
document. When not being handled, the samples are stored in a locked refrigerator. The purpose
of this procedure is to insure that samples do not get switched during testing.
3. The laboratory test is conducted in two steps. The first is a general screen test for the major drugs
of abuse and alcohol using the EMIT or comparable test. If any positive result is obtained, a
second test is performed using a gas chromatograph/mass spectrometer (GC/MS) which provides
molecular identification of the substances found in the sample. If alcohol is detected in the urine,
a blood sample will be used for confirmation and to determine an accurate Blood Alcohol Level.
Examination results will be delivered only to the City Human Resources Manager who shall notify the
employee's department head. The results may be made known to other management level City personnel
who are required to know for the purpose of determining appropriate discipline or counseling, but
otherwise shall be kept confidential. Provided the Human Resources Division has the employee's current
address and telephone number, the employee will be notified immediately when the results are received.
Whenever an examination is required under Policy Part I, the supervisor accompanying the employee
shall advise the employee that they have the right to request that additional samples of urine and/or blood
be collected at their own expense. The employee may make separate arrangements with the City's testing
facility or another laboratory chosen and paid by the employee, for storing or testing these additional
samples, but the employee will not have the right to handle samples after the original donation.
Prohibited Acts
➢ Reporting for work while under the influence of drugs or alcohol, or any substance which impairs
an employee's mental or physical capacity is prohibited.
➢ The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance
in the work place, is prohibited.
➢ Refusal to submit to or willful interference with any Substance Drug and Alcohol Abuse
Examination required in accordance with Policy Part I is prohibited.
➢ Failure to notify the department head within five (5) days of conviction of a criminal drug statute
violated in the work place is prohibited.
➢ Failure to attend and cooperate in counseling when required in accordance with Policy Part I is
prohibited.
TreatmentIDiscipfine
An employee suspected of drug and alcohol abuse shall be relieved of duty, with pay, following any
required examination, and shall be required to notify the office of their Department Head of their
whereabouts at all times for the duration of the investigation. The Human Resources Manager and the
Department Head will determine the course of treatment or discipline as provided below.
Disciplinary action resulting from enforcement of Policy Part I shall be in accordance with applicable
bargaining agreements, City Administrative Code, and Civil Service Rules. All established grievance
procedures shall apply.
The emphasis of Policy Part I is training and rehabilitation. Disciplinary action for job misconduct in
violation of this Policy Part I will be imposed up to and including termination when an employee does not
make use of an approved treatment opportunity and the City finds discipline to be an appropriate response
to the misconduct. An employee who has had treatment through the EAP and who subsequently commits
misconduct in violation of this Policy Part I may or may not be offered another opportunity for treatment
in place of discipline, depending on the seriousness of the job misconduct and the lapse of time since last
in treatment through the EAP.
Savings Clause
It is understood that all provisions of Policy Part I are subject to applicable Federal, State, and Local laws,
and if any provision of any section of this agreement is held or found to be in conflict therewith, said
provision shall be void. However, such invalidity shall not affect the remaining sections of this Policy
Part I.
PART H — DRUG AND ALCOHOL ABUSE POLICY (Commercial Driver's License holders)
Prohibited Alcohol Related Activities
➢ No employee shall report for duty or remain on duty requiring the performance of safety -sensitive
functions while having an alcohol concentration of 0.04 or greater.
➢ No employee shall be permitted to work following an alcohol test result indicating a
concentration of 0.02 or greater but less than 0.04 until the employee's alcohol concentration
measures less than 0.02, and the start of the employee's next regularly scheduled shift (but not
less than eight (8) hours following the administration of the test).
➢ No employee shall use or possess alcohol during work.
➢ No employee shall perform safety -sensitive functions within four (4) hours after using alcohol.
➢ No employee required to take a post -accident alcohol test hereunder shall use alcohol for eight (8)
hours following the accident or until he/she undergoes a post -accident alcohol test, whichever
occurs first.
➢ No employee shall refuse to submit to a post -accident, random, reasonable suspicion, return -to -
duty, or follow-up alcohol testing.
➢ A supervisor having actual knowledge of on -duty alcohol use or pre -duty use within the four (4)
hours prohibited time period by an employee cannot permit that employee to continuelperform
safety -sensitive functions.
➢ No employee who is "on-call" shall use alcohol during the specified on-call hours. The supervisor
shall provide the employee an opportunity to acknowledge the use of alcohol at the time they are
called to report for duty and the inability to drive and/or perform safety -sensitive functions. The
employee will be required to take an alcohol test if they acknowledge the use of alcohol at the
time they report for duty, but claims the ability to drive and/or perform their safety -sensitive
functions.
Prohibited Controlled Substance Activities
➢ No employee shall report for duty or remain on duty while under the influence of any controlled
substance that could impair work performance.
➢ No employee shall report for duty, remain on duty, and/or perform a safety -sensitive function if
the employee tests positive for controlled substances.
➢ No employee shall refuse to submit to controlled substance testing.
➢ No employee shall illegally manufacture, distribute, dispense, possess, or use any controlled
substance in the work place.
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Pre -Employment Testing
All prospective employees who have been given a conditional offer of employment with the City for a
position covered herein and current employees transferring from a non -CDL or non -safety sensitive
position to a position covered herein must undergo and pass a controlled substance and alcohol test.
Receipt of satisfactory test results is required prior to employment in or transfer to an employment
position covered herein. Prospective or transferring employees who refuse to take the controlled
substance and alcohol test or who test positive for one or more of the controlled substances shall be
considered ineligible for City employment positions covered herein for six (6) months. Pre-employment
controlled substance testing is not to be limited to the controlled substance definition contained in this
Policy Part II, and may include testing for other controlled substances such as depressants and
hallucinogens.
Random Testing
Employees covered hereunder are subject to random alcohol and controlled substance testing in
accordance with the following:
➢ At least 25% of the average number of covered employees shall undergo random alcohol testing
in each calendar year, or a sufficient number of employees equal to an annual rate not less than
the minimum annual percentage determined by the DOT or FHWA.
➢ At least 50% of the average number of covered employees shall undergo random controlled
substance testing in each calendar year, or a sufficient number of employees equal to an annual
rate not less than the minimum percentage determined by the DOT or FHWA.
➢ An employee shall be subject to random alcohol testing while the employee is performing safety
sensitive functions; just before the employee is performing safety -sensitive functions; or just after
the employee has ceased performing safety -sensitive functions.
➢ When a covered employee or applicant has not performed a safety -sensitive function for 90
consecutive calendar days regardless of reason, and the employee has not been in the employer's
random selection pool during that time, the employer shall ensure that the employee takes a pre-
employment drug test with a verified negative result.
➢ The selection of employees for random alcohol and controlled substance testing shall be made by
a scientifically valid method, such as a random number table or a computer-based random
number generator that is matched with employees' social security numbers, payroll identification
numbers, or other comparable identifying numbers. Under the selection process used, each
covered employee shall have an equal chance of being tested each time selections are made.
➢ Random alcohol and controlled substance tests shall be unannounced and the dates for
administering such random tests shall be spread reasonably throughout the calendar year.
➢ Employees who are notified of selection for random alcohol or controlled substance testing shall
proceed to the test site immediately; provided, however, that if the employee is performing a
safety -sensitive function at the time of notification, the employee shall cease to perform the
safety -sensitive function and proceed to the test site as soon as possible.
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Reasonable Suspicion Testing
Employees covered hereunder are subject to reasonable suspicion alcohol and controlled substance testing
in accordance with the following:
➢ An employee shall submit to alcohol and/or controlled substance test whenever a supervisor or
manager has reasonable suspicion to believe that the employee is under the influence or impaired
by alcohol and/or a controlled substance. The employee shall be removed from duty immediately
in order to undergo said testing.
➢ A supervisor's or manager's determination that reasonable suspicion exists for alcohol and/or
controlled substance use shall be based on specific, contemporaneous, articulable observations
concerning the appearance, behavior, speech, and/or body odors of the suspected employee. The
required observations must be made by a supervisor or manager who is trained in detecting the
symptoms of alcohol misuse and the signs and symptoms of drug use. The supervisor shall make
a signed written record of their observations within 24 hours of the observed behavior or before
the test results are released, whichever is earlier.
➢ An employee is only subject to reasonable suspicion alcohol testing if the required observations
are made during, preceding, or after the period of the work day that the employee is required to be
in compliance with this policy.
➢ An employee shall only be subject to reasonable suspicion alcohol testing while the employee is
performing safety -sensitive functions; before the employee is to perform safety -sensitive
functions, or after the employee has ceased performing such functions.
➢ No employee shall be subject to reasonable suspicion alcohol testing later than eight (8) hours
following the determination that reasonable suspicion exists to require the employee to undergo
such test.
➢ Reasonable suspicion controlled substance testing is not limited to the controlled substance
definition contained in this Policy Part ll, and may include testing for other controlled substances
such as depressants and hallucinogens.
➢ The supervisor or manager who makes the determination that reasonable suspicion exists to
conduct an alcohol test shall not conduct the alcohol test of the employee.
➢ The direct supervisor of an employee shall not serve as the collection site person for a reasonable
suspicion controlled substance test of an employee.
Post -Accident Testing
Employees covered hereunder are subject to post -accident alcohol and controlled substance testing in
accordance with the following:
➢ Fatal Accidents — As soon as practicable following an accident involving the loss of human life,
and regardless of fault, each surviving employee performing safety -sensitive functions in the
subject vehicle at the time of the accident, and any other covered employee whose performance
could have contributed to the accident, shall be tested for alcohol and controlled substances.
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➢ Non -Fatal Accidents — As soon as practicable following an accident not involving the loss of
human life, each employee performing safety -sensitive functions in the subject vehicle who
received a citation within 32 hours of the accident under state or local law for a moving violation
arising from the accident, and any other covered employee whose performance could have
contributed to the accident, shall be tested for alcohol and controlled substances, if the accident
involved either:
• Injury of any person requiring medical treatment away from the accident scene; or
• A vehicle has to be towed from the accident scene.
➢ If a post -accident alcohol test is not administered within two (2) hours following an accident, the
supervisor of the employee shall prepare and maintain on file a record stating the reasons the test
was not properly administered. If a said test is not administered within eight hours (8) after the
accident, the supervisor shall cease attempts to have the alcohol test administered and prepare and
maintain on file a record stating the reasons the test was not done within said eight (8) hours.
➢ If a post -accident controlled substance testis not administered within 32 hours of the accident, the
supervisor shall cease attempts to have the controlled substance test administered and prepare and
maintain, on file, a record stating the reasons the test was not done within said 32 hours.
➢ An employee subject to post -accident testing shall remain readily available for such testing,
including notifying their supervisor of their location if they leave the accident scene. An
employee who fails to do so shall be deemed to have refused to submit to testing. Nothing herein
shall be construed to require the delay of necessary medical attention for the injured or to prohibit
an employee from leaving the accident scene for the time period required to obtain emergency
assistance.
Return -to -Duty Testing
An employee who has engaged in and/or violated the alcohol and/or controlled substance prohibitions
shall not be allowed to return to duty requiring performance of a safety -sensitive function until that
employee has complied with the following:
➢ If the employee has violated the alcohol prohibitions, they shall undergo a return -to -duty alcohol
test with a result indicating an alcohol concentration of less than 0.02, and the employee shall
provide a true copy of the re -test results to their supervisor;
➢ If the employee has violated the controlled substance prohibitions, they shall undergo a return -to -
duty controlled substance test with a result indicating a verified negative result for controlled
substance use, and the employee shall provide a true copy of the test results to their supervisor;
➢ The employee has been evaluated by a Substance Abuse Professional (SAP) who shall determine
what assistance, if any, the employee needs in resolving problems associated with alcohol misuse
and/or controlled substance use;
➢ The employee has complied and remains in compliance with any and all SAP
prescribed/recommended rehabilitation and/or treatment programs;
➢ The employee may use any available accumulated leave in order to participate in an SAP
evaluation and to comply with prescribed/recommended rehabilitation and/or treatment programs.
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Follow -Up Testing
Upon completion of a SAP prescribed/recommended rehabilitation and/or treatment program and
successful return to work, an employee will be subject to follow-up testing for alcohol and/or controlled
substances. An employee shall be subject to follow-up alcohol testing only when the employee is
performing safety -sensitive functions, just before the employee is to perforin safety -sensitive functions, or
just after the employee has ceased performing safety -sensitive functions. The SAP shall determine the
frequency and duration of the follow-up testing, but such shall consist of at least six (6) unannounced
tests in the first twelve (12) months following the employee's return to duty. After that period of time, the
SAP may recommend additional follow-up testing or termination of follow-up testing. Follow-up testing
shall not go beyond sixty (60) months after the employee return to duty.
Dilute Samples
Under the City of Pasco policy and authority, any employee providing a urine specimen that is
determined to be dilute, will be required to provide another urine specimen as soon as City of Pasco
receives notice of the test results. Such recollections must not be collected under direct observation,
unless there is another basis for use of direct observation. The re -testing policy shall pertain to pre-
employment/pre-transfer, random, reasonable suspicion, post -accident and return to duty testing. A
second dilute sample in pre-employment testing can result in denial of employment.
Rehabilitation and Counseling
The City offers employees the use of counseling and rehabilitative services pursuant to coverage
limitations and in accordance with the terms of its benefit programs. Employees are personally
responsible for seeking treatment for alcohol and/or controlled substance dependency. Any voluntary
request by an employee for assistance with their own alcohol and/or controlled substance dependency will
remain confidential and shall not be used as a basis for disciplinary action, provided the request is
initiated prior to an alcohol and/or controlled substance dependency related on-the-job incident, or a
positive alcohol and/or controlled substance test.
Appointments with the EAP may be scheduled on City time with prior approval of the employee's
supervisor, for up to two (2) visits per year.
The employee may request additional paid or unpaid administrative leave, or use any available
accumulated leave in order to participate in extended counseling and/or rehabilitation.
Prescription Drug Use
The appropriate use of legally prescribed drugs and non-prescription medication is not prohibited. It is,
however, the employee's responsibility to inform the physician of the employee's job duties and
determine from the physician, or other health care professional, whether or not the prescribed drug may
impair their job performance or mental or motor function. It is the responsibility of the employees to
remove themselves from service if they are experiencing any adverse effects from medication.
Employees are required to report the use of medically authorized drugs or other substances which can
impair job performance to their supervisor and provide written medical authorization to work from a
physician. The employee is not required to disclose to their supervisor the specific condition which
necessitates the medication.
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Failure to report the use of such drugs, or failure to provide evidence of medical authorization may result
in disciplinary action.
Additional Employee Rights and Responsibilities
➢ An employee required hereunder to undergo random, reasonable suspicion, or post -accident
alcohol and/or controlled substance testing shall be put on paid administrative leave for the time
period necessary for conducting said testing. If the results of said testing are positive, the
employee may use any available accumulated leave in order to participate in an SAP evaluation
and to comply with any corresponding SAP prescribed/recommended rehabilitation and/or
treatment programs.
➢ Any voluntary request by an employee for assistance with their own substance abuse problem
will remain confidential and shall not be used as a basis for disciplinary action, provided that the
request for assistance is initiated prior to a substance abuse related on-the-job incident, or an
alcohol or controlled substance test that concludes in a positive result.
➢ In accordance with the Drug Free Work Place Act of 1988, an employee who is convicted of any
criminal drug statute for a violation occurring in the work place shall notify the City Human
Resources Manager no later than five (5) days after such conviction.
➢ Each employee who observes or has knowledge of another employee in a condition which
impairs their ability to perform job duties or poses a hazard to the safety and welfare of others
shall promptly report the incident to their immediate supervisor. To the degree possible, the
reporting employee's identity will be kept confidential.
➢ The City reserves the right to search, without employee consent, all City owned property, and any
property or area jointly or fully controlled by the City when reasonable suspicion exists to believe
the search will reveal evidence of a violation of Policy Part 11.
Discipline for Positive Test or Refusal to Take Test, Comply with Testing Procedures or Comply
With SAP
➢ A positive controlled substance test and/or an alcohol test indicating an alcohol concentration of
0.02 or more shall be considered just cause for disciplinary action.
➢ If an employee refuses to take a required alcohol test, there will be a presumption that the
employee has a blood alcohol concentration of 0.04 or greater. If the employee refuses to take a
required controlled substance test, there shall be a presumption that the employee tests positive
for one of the controlled substances. Refusal to submit to a required alcohol and/or controlled
substance test shall be considered just cause for disciplinary action.
➢ If an employee refuses or fails to comply with testing procedures, it shall be considered a positive
test. The procedures are as follows:
• Fail to appear for any test within a reasonable time, as determined by the employer.
• Fail to remain at the testing site until the testing process is complete.
• Fail to permit the observation or monitoring of your provision of a specimen.
• Fail or decline to take a second test the employer or collector has directed you to take.
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➢ Any attempt by an employee to tamper with a urine sample or otherwise obstruct the testing
process shall be considered just cause for disciplinary action.
➢ The refusal of an employee to participate in an SAP evaluation and/or comply with any
corresponding SAP recommended/prescribed rehabilitation and/or treatment programs shall be
considered just cause for disciplinary action.
Collection and Testing Procedures
All alcohol and controlled substance testing shall comply with DOT's Procedure for Transportation
Workplace Drug and Alcohol Testing Programs, 49 CFR Part 40. These procedures are designed to
ensure the accuracy and integrity of the test results and include screening tests, confirmation tests, chain
of custody safeguards, and appropriate privacy and confidentiality protections.
Controlled substance testing will normally by performed by urinalysis at a test laboratory certified by the
U.S. Department of Health & Human Services (DHHS). The test involves an initial screening performed
by the Enzyme Multiplied Immunoassay Test (EMIT). Any positive test is then confirmed by a second
test of the same sample by Gas Chromatography/Mass Spectrometry (GC/MS). The City's designated
MRO shall receive and interpret test results and report them to the City.
Prior to reporting a positive test result, the Medical Review Officer (MRO) shall give the employee an
opportunity to discuss the test result. If the employee meets with the MRO and fails to present
information affecting the test result, or if the employee refuses to meet with the MRO, the MRO will
verify a positive test result and will inform the City Human Resources Manager on a confidential basis
that the employee tested positive. The MRO will also inform the employee at the time the test result is
verified that they may request a "re -test" at their own expense within 72 hours. Upon request, the
employee shall be given a copy of the positive test results.
Alcohol testing will normally be performed by a trained Breath Alcohol Technician (BAT) utilizing an
Evidential Breath Testing device (EBT). Testing will take place at a site designated by the City. The BAT
will inform an employee of the EBT results at the time of testing. If the screening test shows an alcohol
concentration of greater than 0.02, a confirmation test will be conducted within 20 minutes of the
screening test. If the confirmation test shows an alcohol concentration of 0.020 or greater, the BAT will
show the employee the printed test results and shall notify the City Human Resources Manager of the test
results.
In limited situations, such as where it is not possible to test by urinalysis or EBT, blood tests may be
utilized to test for the presence of substances. If the blood test is utilized, the employee will normally be
notified of the results by the MRO. An employee, at their own expense, may make a written request for
re -test of a test sample within 72 hours of receiving the test results.
Retention of Records and Confidentiality
Pursuant to the DOT rules and regulations, the City is required to maintain a number of records regarding
alcohol and controlled substance testing. The type of documents that must be retained is lengthy and is
listed the DOT rules and regulations.
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Retention Period of Records
The following records shall be maintained for a minimum of five (5) years:
➢ Alcohol test results indicating an alcohol concentration of 0.02 or greater;
➢ Verified positive controlled substance tests;
➢ Documentation of refusals to take required alcohol and/or controlled substance tests;
➢ EBT calibration documentation; and
➢ Documentation of employee evaluations and referrals by SAPS.
Records related to alcohol and controlled substance collection process and training shall be maintained for
a minimum of two years.
Records of negative and canceled controlled substance tests and alcohol tests indicating an alcohol
concentration of less than 0.02 shall be maintained for a minimum of one year.
Confidentiality
➢ All records required to be retained under DOT rules and regulations shall be maintained in a
secure location with controlled access.
➢ Only City management representatives with a "need -to -know" responsibility will be made aware
of substance abuse situations or test results.
➢ Except as required by law or expressly authorized, the City shall not release information that is
contained in records required to be maintained under the DOT rules and regulations.
➢ Upon written request, an employee may obtain copies of any records pertaining to the employee's
use of controlled substances and/or alcohol.
➢ All results of alcohol and/or controlled substance testing conducted pursuant to the DOT rules
and regulations shall be made available, upon request, to appropriate government officials having
regulatory authority over the City and its employees.
➢ The City shall provide copies of records retained hereunder to potential employers when current
or former City employees have signed and provided the appropriate authorization form to the
City.
Education
➢ Employees will receive an initial session regarding substance abuse in the workplace. The
training will discuss the effects and consequences of controlled substances in regard to personal
health, safety, and the work environment, and on the signs and symptoms that indicate controlled
substance use.
➢ Supervisors who may make reasonable suspicion determinations will receive an additional one
(1) hour of training on alcohol misuse annually and another one (1) hour on substance abuse
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annually. The training will cover the physical, behavioral, and performance indicators of probable
alcohol misuse and controlled substance use.
Savings Clause
It is understood that all provisions of Policy Part II are subject to applicable Federal, State, and Local
laws, and if any provision of any section of this agreement is held or found to be in conflict therewith,
said provision shall be void. However, such invalidity shall not affect the remaining sections of this
Policy Part H.
Approved:
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Dave Zabell, fdry anager Date
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