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HomeMy WebLinkAboutDRUG AND ALCOHOL POLICY REVISION 2019 ,,,,-(„9„, ic, ,,, - .64.5, - iii :„ Drug and Alcohol Policy 44,/ ,• -ii,s0,4 -, ,,_.________, Prepared: Safety Manager Approved: Board of Public Works Revised: 01-01-2018 12-14-2011 12-01-2011, 03-13-2019 Date Date Date Scope The City of Jeffersonville prohibits any City employee from possessing, using, being under the influence of, manufacturing, distributing, or dispensing alcohol or non-prescribed controlled substances during working hours and at all times while on City property, in City vehicles, or conducting City business. As part of an effort to maintain the quality of City services and to ensure that the City of Jeffersonville is a safe and healthy place to work, a drug and alcohol testing program has been developed to detect the use of illegal substances and misuse of alcohol. The City wants to ensure that employees with substance abuse problems are referred to appropriate professional help, and to outline disciplinary procedures for those who fail to comply with the Drug and Alcohol Testing Policy. The CDL drug testing program is covered under a separate federally-mandated policy. Policy The City of Jeffersonville will test applicants who have been offered employment with the City, and those employees who hold a position that potentially impact public safety or the safety of co- workers (Safety Sensitive Positions). City employees will be subject to random, post accident, and reasonable suspicion testing. As a condition of employment, all City employees will be required to agree in writing to be tested for drugs and/or alcohol as outlined in this policy. i Definitions of Terms For purposes of this policy, the following definitions shall be used: • Accident or Unsafe Practice Testing — Employees involved in on-the-job accidents or who engage in unsafe on-duty or job-related activities that pose a danger to others or the overall operation of the City may be subject to testing. Based on the circumstances of the accident or unsafe act, the City may initiate testing when there is: 1. Evidence of an unsafe practice. 2. Damage to property. 3. Careless operation of a vehicle. 4. Injury to person(s). 5. A pattern of incidents. • CDL Driver—An employee who operates a commercial motor vehicle (gross vehicle weight in excess of 26,000 pounds) as a requirement of his or her job, whether full time, part time or seasonally. Drivers also include applicants for such positions. • Designated employer representative (DER) —An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from those covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications from the employer, consistent with the requirements of this part. This will be the Director of Human Resources or the Manager of Occupational Safety and Risk Management. • Medical Review Officer (MRO) — Licensed physician who has specialized knowledge of substance abuse disorders and appropriate medical training to interpret drug test results. The MRO is responsible for interpreting and evaluating confirmed positive laboratory results in the context of the employee's medical history and other relevant biomedical information. • Negative Alcohol Test— Test in which the blood alcohol concentration (BAC) registers less than 0.02 % by weight. • Negative Drug Test—Test that fails to detect the presence of one or more illegal drugs or classes of illegal drugs at levels exceeding the cutoff levels established by national consensus standards. • Positive Alcohol Test— Test in which the blood alcohol concentration (BAC) registers 0.02 % or greater by weight. • Positive Drug Test — Test that detects the presence of one or more illegal drugs or classes of illegal drugs at levels exceeding the cutoff levels established by national consensus standards. • Possessing — Having something on the person or in a place under substantially exclusive control. • Random Selection — Scientifically valid method requiring that all employees in the random selection pool have an equal chance of being drawn in every selection. • Reasonable Suspicion — Objective observations of an employee's behavior and/or physical appearance that suggest drug and/or alcohol use. • Refusing to be Tested — Includes any of the following: 1. Failing to appear for any test within 45 minutes after being directed to do so; 2. Failing to remain at the testing site until the testing process is complete; 3. Failing to attempt to provide a urine specimen for any required drug test or a breath specimen for any required alcohol test; 4. Failing to provide a sufficient and valid urine specimen for a drug test or a sufficient breath specimen for an alcohol test without an adequate medical explanation; 5. Failing to permit the direct observation of a drug test specimen when required; 6. Failing or declining to take a second test as directed; 7. Failing to sign required testing documentation; 8. Failing to cooperate with any part of the testing process, or engaging in intentional conduct that obstructs the testing process. • Safety Sensitive Position —A position which includes one or more of the following: 1. Authorizes employees to carry firearms; 2. Requires regular contact with offenders; 3. Requires transportation of or decision-making with regard to the welfare of children or with regard to vulnerable adults under the care or supervision of City employees; 4. Gives employees access to sensitive information related to homeland security or criminal justice activities; 5. Requires employees, as a condition of employment, to obtain a security clearance; 6. Requires employees to engage in homeland security or emergency response activities; 7. Requires employees to directly inspect or maintain products, equipment, or services where the failure of such products, equipment, or services may directly endanger the safety of the public or internal operations; 8. Involves the prosecution of criminal cases; 9. Requires operation of heavy equipment; 10. Includes access to a controlled substance; or 11. Requires a commercial driver's license or has to meet DOT regulations. • Substance Abuse Professional (SAP) — Licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. • Working Hours —All time for which the employee is being paid by the City including all time when the employee is clocked out during a shift for meals or for any other reason. Prohibited Activities The following conduct is strictly prohibited as described in the Policy: • Using or being under the influence of and/or possessing illegal drugs; • Using or being under the influence of legal drugs that are being used in a manner other than prescribed; • Using or being under the influence of legal drugs whose use can adversely affect the ability of the employee to perform his or her job safely, without disclosing such to a supervisor prior to being detected; • Selling, buying, soliciting to buy or sell, transporting, or possessing illegal drugs; • Using alcohol within four (4) hours before performing a Safety Sensitive Position; • Using or being under the influence of alcohol at any time while driving or performing any other Safety Sensitive Position; • Consuming any amount of alcohol while on duty, while driving a City vehicle, or while conducting City business; • Testing positive for illegal drugs and/or alcohol in circumstances that violate this policy; • Refusing to consent to be tested for drugs and alcohol; • Failing to submit to a drug and/or alcohol test as directed by the City; • Failing to stay in contact with the City and its Medical Review Officer (MRO) while awaiting the results of a drug test; • Violating any applicable federal, state, or local requirements governing the use of drugs or alcohol; • Doing anything to obstruct the City's goals with respect to the abuse of drugs and/or alcohol; • Failing to report another employee's possible violation of this policy when there is reasonable suspicion to believe the policy has been violated; • Intentionally reporting a false violation of this policy. An off-duty employee who is called in to work outside regular working hours, and has consumed alcohol within the past four (4) hours, shall notify his or her supervisor of that fact before reporting to work. The employee and supervisor are jointly responsible for determining whether the employee should report to work at that time. Any employee who violates the prohibitions in this section will be subject to disciplinary action up to and including termination. Tests Required The City will conduct drug and/or alcohol tests under the following conditions: • Upon an offer of employment but before an applicant is hired for any position with the City (pre-employment drug testing); • For reasonable suspicion that an employee is under the influence of drugs and/or alcohol; • Following any vehicular accident while driving a City vehicle or on City business as defined under Post-Accident Testing; • On a random basis for Drivers and employees in Safety Sensitive Positions; • As follow-up to substance abuse counseling or as prescribed or recommended by an SAP. 4 Pre-Employment Testing This test is required before an applicant is hired for a position with the City. For purposes of pre- employment testing, applicants and current employees who are applying for a Safety Sensitive Position are collectively referred to as "applicant". Applicants will be subject to drug testing only. An applicant to whom an offer has been extended will be asked to agree in writing to comply with the City of Jeffersonville's drug testing policy. The applicant will be notified to report for a drug test and given instructions for the collection procedures. All offers by the City to hire or rehire an applicant, or to transfer an applicant to a safety sensitive position, are conditional upon the applicant: • Agreeing in writing to be tested for drugs; • Taking a drug test as directed by the City and obtaining a negative result; • Executing the City's authorization form by which the City obtains past drug and alcohol test results for D.O.T. Drivers; • Complying with any other conditions or requirements of which the City advises the applicant at the time of the offer. Post-Accident Testing An employee, who is driving during working hours or at any time in a City vehicle, or on City business, must submit to post-accident drug and alcohol test immediately upon release from the accident. An employee who is not driving, but is a passenger and whose actions are believed to have contributed to an accident, may also be tested. An employee must submit to a post-accident test as soon as possible after an accident whenever: • Any person is injured; • The employee receives a citation for a moving violation involving the accident; • One or more motor vehicles involved in the accident incurs disabling damage and must be transported away from the accident scene; or • After any property damage. It is possible that an employee will be directed to submit to a drug and/or alcohol test at the scene of the accident by a law enforcement officer. When a test is conducted by a law enforcement officer, the employee is still required to take another drug and/or alcohol test at the City's testing site. Whenever an employee is involved in an accident during work hours and is not tested for drugs and alcohol by a law enforcement officer, the employee is required to notify his or her supervisor immediately. The supervisor will make arrangements for drug and/or alcohol tests in compliance with this policy. The employee is not required to delay necessary medical treatment in order to be tested, but should request a drug and alcohol test at the City's expense as a part of any medical treatment. 5 Any employee who has an accident or near miss during working hours (e.g., slipping, falling, car accident, etc.), may be required to submit to post-incident drug and alcohol testing immediately where the circumstances suggest that drugs, alcohol or impairment may have contributed to the incident. Refusal to submit to this testing may result in disciplinary action, up to and including termination. All post-accident drug tests will undergo a rapid analysis which will produce a result within 15 minutes of obtaining a sample from the employee. If the rapid result is negative, the employee is released back to work. If the rapid result is positive, the employee will be suspended pending analysis from the laboratory as part of the MRO process. If the result from the lab is negative, the employee will return to work with pay for the days off. If the result is positive, the employee will be subject to disciplinary action up to and including termination. An employee who refuses or fails to submit to a post-accident/incident drug or alcohol test as required, who unnecessarily delays reporting to the test site following an accident, whose test results are positive, or who intentionally obstructs the testing process will be subject to disciplinary action up to and including termination. Random Testing Employees in Safety Sensitive Positions are subject to random drug and alcohol testing. Such tests will be given without advance notification. Under the City's random selection process, drivers, employees in Safety Sensitive Positions, Police Department, and Fire Department personnel will be kept in separate pools. Within each pool, every employee will have an equal chance of being selected each time a selection is conducted. This means that some covered employees may be randomly selected for testing more than one time quarterly, while others may not be selected at all. Appropriate safeguards will ensure that the identity of individual employees cannot be determined prior to or at the time of their selection. An employee who refuses to submit to a random test, who fails to report for the test as directed within 45 minutes, who tests positive, or who intentionally obstructs the testing process will be subject to disciplinary action up to and including termination. Those individuals selected for a random test and are on verified personal, vacation, sick, and/or leave time will have that particular test cancelled and will maintain their eligibility for the next random selection. Fire Department line personnel who are selected on one of their "Kelly" days will be notified and required to report for testing on the next scheduled work day. Police Department line officers who are selected and are on first shift will get their notification and requirement to report when other city employees are notified. Officers working second shift work will be notified and required to report for testing when they arrive for their shift. Officers working third shift will get their notification and requirement to report at the end of their shift. 6 Reasonable Suspicion Testing Employees will be required to submit to a drug and/or alcohol test whenever the City has reasonable suspicion to believe the employee has used drugs and/or alcohol in violation of this policy. Reasonable suspicion will exist when an employee's appearance, behavior, speech, or body odor indicates drug or alcohol use. Such indications must be personally observed and documented by at least one City supervisor who has received training on the signs and symptoms of drug and alcohol use. The supervisor will maintain direct supervision of employee until the situation is resolved. The supervisor will then discuss the circumstances with the DER so that arrangements are made to observe or talk with the employee. If the DER believes, after observing and/or talking to the employee, that the conduct or performance problem could be due to possible substance abuse, the employee will be immediately required to submit to a breath and/or drug test. If the employee refuses to submit to testing for any reason, the employee will be informed that refusal would result in disciplinary action up to and including termination. The employee will be asked to release any evidence relating to the observation for further testing. Failure to comply may subject the employee to subsequent disciplinary action. All confiscated evidence will be receipted with signatures of both the receiving supervisor as well as the provider. The DER shall remove or cause the removal of the employee from a City-owned vehicle and ensure that the employee is transported to an appropriate collection site. All reasonable suspicion drug tests will undergo a rapid analysis which will produce a result within 15 minutes of obtaining a sample from the employee. If the rapid result is negative, the employee is released back to work. If the rapid result is positive, the employee will be suspended pending analysis from the laboratory as part of the MRO process. If the result from the lab is negative, the employee will return to work with pay for the days off. If the result is positive, the employee will be subject to disciplinary action up to and including termination. The DER shall, within 24 hours or before the results of the controlled substance test are released, document in writing the particular facts related to the behavior or performance problems that led to the reasonable suspicion test and maintain this documentation in appropriate DOT files. If the rapid result is positive, the DER shall arrange for transportation to the employee's residence or, where appropriate, to a place of lodging. Under no circumstances will that employee be allowed to drive. An employee who refuses or fails to submit to a reasonable suspicion test, whose test is positive, or who intentionally obstructs the testing process will be subject to disciplinary action up to and including termination. Return-to-Work and Follow-Up Testing An employee that has sought assistance in resolving problems associated with drugs and/or alcohol must be retested and obtain negative results prior to returning to the job. The employee will also be subject to unannounced follow-up testing for a period of time determined by and directed by a Substance Abuse Professional (SAP). An employee who refuses or fails to submit to return-to-work or follow-up testing, whose test is positive, or who intentionally obstructs the testing process will be subject to disciplinary action up to and including termination. Testing Methodology and Integrity To ensure the integrity and accuracy of each test, all specimen collection, analysis, and laboratory procedures will be conducted in accordance with national consensus standards. This includes: • Procedures to ensure the correct identity of each covered employee at the time of testing; • A chain-of-custody procedure to ensure that the specimen is not mishandled, contaminated, or tampered with; • The use of a trained Breath Alcohol Technician (BAT) and approved testing devices for conducting alcohol tests; • Use of a laboratory that has been certified by the National Institute for Drug Abuse (NIDA) for drug tests; • Confirmation of an initial positive drug screen by a second analysis using gas chromatography/mass spectrometry (GCMS); • Confirmation of an initial positive alcohol screen by a second analysis; • Appointment of a qualified Medical Review Officer (MRO) to review drug tests results before they are reported to the City's designated DER. Drug Testing Process All drug tests conducted under this policy require the employee to provide a specimen of urine. All drug tests will be administered using the split sample methodology. Before being tested, each employee will be required to: • Present his or her personal identification; • Empty his or her pockets; • Execute a Custody and Control Form provided by collection site personnel. An employee who refuses or fails to cooperate will be treated as though he or she has tested positive and will be subject to disciplinary action up to and including termination. Employees will be permitted to provide a urine specimen in private and without being directly observed by collection site personnel unless: • An employee previously provided an invalid specimen for which there was no adequate medical explanation; 8 • Collection site personnel observe materials or employee conduct that clearly indicate or are consistent with an attempt to tamper with a specimen; • The temperature on the original specimen is out of range; • The original specimen appears to have been tampered with. The collector must explain and document the reason for the directly observed collection. All specimens will be evaluated by procedures consistent with national consensus standards. At a minimum, urine specimens will be analyzed for the presence of the following drugs: Amphetamines Cocaine Opiates Barbiturates Methadone Phencyclidine Benzodiazepines Methamphetamines Propoxyphene Cannabinoids Methaqualone Oxycodone Specimens may also be analyzed for such other substances as may be required or permitted by state or federal law and necessary to enforce this policy. The City reserves the right to begin testing immediately for other illegal substances without prior notice. Employees are responsible for knowing the contents, appropriate dosage, and effects of prescription and non-prescription medications. Nothing in this policy prohibits an employee's use of a medication legally prescribed by a licensed physician who is familiar with the employee's medical history and specific duties and has advised the employee that the prescribed medication will not adversely affect the employee's ability to perform his or her duties safely. Under this policy, employees are required to inform their supervisors of prescription and non-prescription medications that may impair their ability to perform essential job functions. Medications prescribed for someone other than the employee will not be considered lawfully used under any circumstances. Before a confirmed positive test is reported to the City, the MRO will ask the employee to provide a list of any prescription and/or non-prescription medications being lawfully used by that employee at that time. A positive drug test may be declared negative by the MRO if the employee can prove that the drug which was used was prescribed by a licensed physician who is familiar with the employee's medical history and specific duties. This determination will be solely the responsibility of the MRO and his/her decision will be final. Employees have three hours from the time they are notified to produce a sample. In the event an employee is unable to produce a sufficient sample within a three-hour period and declares a medical condition is to blame, the employee will be required to submit to an evaluation by a licensed physician selected by the City to determine whether a valid medical condition exists to explain the problem. If the physician determines a valid medical condition does exist, the test result will be reported to the City as "negative." If the physician determines a valid medical condition does not exist, the employee will be subject to disciplinary action up to and including termination for refusing to be tested. 9 Results for All Drug Tests Before an employee's test result will be confirmed positive for drugs, the employee will be given an opportunity to speak with the MRO and demonstrate a legitimate medical explanation for the positive result. If the MRO determines that a legitimate medical reason does exist, the test result will be reported as "negative." If the MRO determines that a legitimate medical reason does not exist, the test result will be reported as "confirmed positive." If the employee's primary specimen tests positive, the employee will be notified by the MRO and advised that he or she has 72 hours to request that the secondary specimen be sent to another certified laboratory for analysis. Pending the outcome of the additional analysis, the employee will be suspended without pay. If the final test result is negative, the employee will be paid for the period of the suspension. A diluted specimen is an indication that an employee may have consumed a large enough volume of fluid to put the body in a temporary state of over-hydration. If an employee produces a negative diluted specimen, the employee will be scheduled for re-testing. The result of the second test will be the result of record. If the specimen is determined to be diluted on the second test, it will be treated as a positive. However, if an employee produces a positive diluted specimen on the initial test, the test will be treated as a "positive" and no further testing will be conducted. Alcohol Testing Process All alcohol tests conducted under this policy will be done using a breathalyzer. In the case of an alcohol test conducted by a law enforcement officer following an accident, the employee may provide either a breath or blood specimen, as requested by the officer. Alcohol tests will be administered by a breath alcohol technician (BAT) using a breathalyzer, except in cases of on-scene, post-accident testing conducted by law enforcement officials. Before being tested, the employee will be required to present a valid ID and sign a consent form provided by the BAT. An employee who refuses or fails to cooperate will be subject to disciplinary action. Prior to the alcohol breath test the BAT will instruct the employee on how to provide an adequate breath sample. In the event an employee is unable to provide an adequate amount of breath and declares a medical condition is to blame, the employee will be required to submit to an evaluation by a licensed physician selected by the City to determine whether a valid medical condition exists to explain the problem, If the physician determines a valid medical condition does exist, the test result will be reported to the City as "negative." If the physician determines a valid medical condition does not exist, the employee will be subject to disciplinary action up to and including termination for refusing to be tested. I0 Results for All Alcohol Tests If an employee's initial test registers an alcohol concentration level less than 0.02%, the test results will be reported as "negative." If an employee's initial test registers an alcohol concentration level 0.02% or greater, a second breath test will be performed to confirm the result. If the employee's confirmatory test registers less than 0.02%, the test results will be reported as "negative." An employee whose confirmatory test registers up to a 0.019% will not have any action taken against them. If the test registers a 0.02% or greater, the employee will be subject to disciplinary action up to and including termination. Disciplinary Action An applicant whose test results under this policy are confirmed positive will be removed from the application process. An employee whose test results under this policy are confirmed positive will be terminated and will be ineligible to reapply. Employees who refuse or fail to agree in writing to be tested for alcohol or to comply with the alcohol testing procedures outlined above will be terminated. Employees whose test results under this policy are confirmed positive for alcohol will be terminated and will be ineligible to reapply. Firefighters and Police Officers will be referred to their particular Merit Boards for disciplinary actions, which may include measures up to and including termination. If terminated, they will be ineligible to reapply. For all other violations of this policy, disciplinary action will be determined on a case-by-case basis. Police Officers assigned to undercover duties will be covered by Department Standard Operating Procedures and may receive special consideration under this policy. Upon notification of a confirmed positive test, the Chief of Police and the Designated Employee Representative (DER) will jointly determine whether such consideration is warranted. At their sole discretion, the positive test result may be treated as a negative result for disciplinary purposes. A written statement outlining the reasons for such a decision shall be attached to the report of the positive test result. Maintaining Contact with the City and MRO after a Drug Test Employees who are tested for drugs are required to remain in contact with the City's Designated Employee Representative (DER) and/or MRO while awaiting the results of their tests. Employees are required to be accessible by telephone during this time. The MRO shall be selected and retained by the vendor that provides drug testing services. The MRO may change from time to time. The name and credentials of the current MRO are available upon request. An employee who refuses or fails to remain in contact with the Designated Employee Representative (DER) or the MRO will waive his or her right to speak with the MRO before a test is confirmed positive and will be subject to disciplinary action up to and including termination. Policies and Educational Information Employees will be given this policy statement. Drivers will also be given an explanation of DOT requirements. Each employee is required to acknowledge in writing that he or she has been given a copy of this policy, as amended from time to time. Employees who refuse to execute the required acknowledgment will be subject to disciplinary action. Applicants are required to execute the acknowledgment as a condition of being considered for employment. Voluntary Identification Any employee who voluntarily self-identifies as having a drug or alcohol-related problem will not be subject to discipline for volunteering that fact; however, this provision is not available to an employee who requests protection after being asked to submit to a test or after the employee's use of drugs or alcohol becomes a personnel issue based on direct observation or other reliable evidence, such as an arrest or criminal conviction for a drug or alcohol-related offense. Rather, the employee must pursue counseling, rehabilitation, or treatment at the recommendation of a SAP to eliminate dependence on drugs or alcohol at their own expense. Employees who volunteer such information and participate in a counseling/rehabilitation/ treatment program are not relieved of their obligation to comply with this policy and applicable rules concerning alcohol and drugs. This provision is not available to an employee who requests protection after being asked to submit to a test or after the employee's use of drugs or alcohol becomes a personnel issue based on direct observation or other reliable evidence, such as arrest or criminal conviction for a drug or alcohol-related offense. If the employee is actively participating or has successfully completed the counseling/rehabilitation/ treatment program as verified in writing by a substance abuse professional or by a medical doctor, the employee will be eligible to work after passing a return-to-duty test, as described in this policy. Return to work is conditional upon the employee's compliance with individual responsibilities, which may include obtaining follow-up 12 counseling and/or treatment as recommended by their counselor/doctor and SAP. Any employee who is removed from service due to voluntary disclosure is not qualified to perform safety-sensitive duties including positions requiring a commercial driver's license. Such employee shall be provided with the names, addresses, and telephone numbers of qualified substance abuse professionals (SAPs) who are approved by the City. Payment of Costs The City will pay the costs for all initial drug and alcohol tests required by this policy. The applicant or employee is responsible for the costs of any confirmatory tests. Any costs associated with a voluntary counseling/rehabilitation/treatment program will be at the employee's expense. Availability and Confidentiality of Test Results Any employee who has submitted to a drug and/or alcohol test under this policy is entitled to receive a copy of the test results, upon written request to the MRO. The results of all individual drug and alcohol tests will be considered confidential and kept in a secured location with controlled access in Human Resources in a file separate from his/her personnel file. The release of an individual employee's test results will be made only in accordance with the employee's written authorization or as otherwise required by applicable laws, orders, regulations, or ordinances. 13