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HomeMy WebLinkAbout1995-06-12 95-281 ORDERCOBRCIL ACTION Date: 6-12-95 Item No. 1195-29f. Item/Subject: ORDER, Amending Drug and Alcohol Policy and Testing Procedures for the omnibus Transportation Employee Testing Act of 1991 Responsible Department: Administration Commentary: In December, 1994, the City Council adopted the above referenced Policy to comply with new Federal Lav requiring certain applicants and employees to undergo drug and alcohol testing. The Policy became effective January 1, 1995. Since that time, there have been a number of housekeeping refinements that have been identified and need to be changed. Additionally, the pre- employment alcohol testing requirement has been Invalidated by the Fourth Circuit Court of Appeals and suspended by the Federal Department of Transportation. The proposed amendments have been reviewed at the municipal Operations Committee meeting of June 6th and were recommended to the Council for approval. Department Head Manager's Comments: City Manager Associated Information: Order, Mamo, Proposed Amendments to Policy Budget Approval Finance Director Legal Approval: City Solici X_ Passage First Reading Page_of_ Referral 95-281 Aeeipied to nseor Tyler Sane 12, 1995 CITY OF BANGOR (RRF.) @ricer,..................Amending. She Drug. and, AlcpAol Policy. and _.. Testing Procedures for the Omnibus Transportation Employee Testing Act of 1991 Be Me OmP (tn"Ma of the our a/Banvor. ORDERED, TMT the following sections of the Drug and Alcohol Policy and Testing Procedures are hereby emended in accordance with the attached revised policy: Amended Sectiones 2.1 11.2 8.2.3 13.1 8.2.4 13.2 8.2.5 14.2 -8.3.4 14.2.1 10.1.1 14.2.2 11.1 NOM: Additions are underlined and deletions are Ir. IN CITY Couwclu June 12, 1995 Pad �� ITY ER 95-281 0 sex Title, Amending the Drug and Alcohol Policy and Testing Procedures for the omnibus Transportation Employee Testing Act of 1991 ...................................... 9 a 1}p7�Y�',+� Aeeipud w uncilma �V ••••COWClllllan f�A— Pv 95-281 `R+ 12-5-94 1.1 nia City of Pampr (City) has a strong cc mitent to the haslth, safety a helfax of its egloge s, tTefr £Mlles, its custaren, ami rile p,blic at large. Acmm+'mly, th City seelor to hire aId e lcy � xequ=i a Rivers License (CB.) win ace free from the illegal use and a of dugs ami alcohol, and to protest etyylc • tlgiz femil.ies and tle piblfc Exon the a3vexse effects of alcohol s @ng atusa. 'IDS City requires that finAl applicants � for Pasitfone requiring a COL url go an Alcohol and Rug last to detxc the pxaserce of alrohol ar drag abuse smhstanses Sn the Indy. Any applicar with a positive pxe-emplopnt test may ke tlenisi mploynent with tla City by xavon of the positive test. 1.2 She use aM misuse of alcolol or drugs, vdather p� or illeyal, itynira fie ability of an emPlOWO to pioxm assign x duties, p�lY t requiring a COL, and say emiamler the eiployre, co-worJo;rs, the P ic, tta City, ami public and privet prolerty. Me City eel® to Prevent employees £rts using alcohol eid drvge wlv, Hie vee of such is it rt, or in any ray cJtlangexs tie city or tie public. Tie City oleo wants to Provide appropriate a mawm<filn afieietalCe to mplci V4aG2 use or sisuse ivy irc tel ability to Perf®m tte r duties. 1.3 ' policy is desiged to c ly with ntM=m� piplcye lasting 1 t of 1991 oho with He INles and Pmgu]at cm 1, CPR 49 Part 653, Pm niton of Prohibited Rug Use in a It Cpations a CPA 49 Part 382, LTe and Alcohol Uae and nesting (b pblisla3 PebxnaxY 15, 1994) ami m atsl p++<, aM to provide guidance to City officials on the implarentation of rho req< of the hot. Me follwing cimasstemea shall regure Rug and Alcohol nesting: 2.1 Pxe-mplOyt - Pre-mplcynp lasting shall he com>uctsl befcxs applicants axe hixai or nitro an offer to hire, but before actually p Tanning safety -sensitive furctimis for the first rise. �g is also regaixalw employes transfer to a safety -sensitive (driver) pos1t . Pre-®mlaw`ent alcoial sysoe:ded ff 1 1995 and "1 h tine the f Tx8^�___�tlon rcjnstaWs the x4M1i_R31e}t. 2.2 fust Aocident. abst accident tastU shall ho cmducted after accidents on dxivers wcse picmmnce could have contrinrc to the accident (as by a citation fox a nmvfng traffic violation) a for all fatal accidents even if the driver ss not cited for a owing traffic violation. 95-281 7.2.7 T bii ty of drug �*'� cwnselixig aId safe a1 _..4 serdces. 7.3 Perord P.eePino. 7.3.1 Pa. ds.vssory shall be veintsitud bl �°L= of saptravnnq gluey and copier` M .a t1e lsaaan �sour<es Divisica. saints sha11 ba ined by t Depar re or Division las 7.3.2 ords . dothat eiPlo3�`• tetva bass prwide with infoaration� order fR�e division. �s shall porwarde:i M th F➢aoaz+ Pesw¢rPs .71 8.1 lbtice and CooseM errlcY 0.1.1 BafOLw a drug ands a111 be as]mi tns s�1� a w t ffoffi aM 7oh OwP iia rel use of test aattnrizvg tte test and P tt: rawrlts M time City officials with a n� to ate ctmical sorosn coeseat fora shall pso� ower -ti t� =az®t or rxmt use of prescription ma]ication. 8.1.2 All reClui4 amn ecras for any Posftfon n will a an -Muse m'ruitaait and pri s=O will n; -lose ttha a ctemiaair a1mM1, aid drug sesesa3*�9 T �s will le regained for tle applicant' 8.2 teoti q ••^ heal or or*e.' City hirin4 aathonty 8.2.1 Pefoxe any liti m t to an applicant, neh� a ill noiorel offer of inivision of the first M/sM will notify the o positiara. c }nsoen Pssoarces or top applicant for fie Pol, aesnl J test for the ap licant a dwaacal al nM1 aM dxu4 s 8.2.2 1Ta app)lcant shall 1. and si �, aM will bOf ye f Oo of t fto cmip the test appapp ovN�nt 8.2.3 1Te M will iot"Y Tie applicant of the test rwM= ase _d a fs PJSISSV2, aid wi11 give the applicant an oppoiitvnity to discuss sem prior to release of the infomation to the City. 8.2.4 After' the tLman Peswrces Diva} well re t rrd= f� tte iR� �_��or division t sd of t test �Clinform tM hirirq depar fr rc,utes s po itim Or frri the and will state whether the test is pceidete or negative, aM if positive which sutetarces v�.o �t�r aM shall be ]apt uonfidential by tis }yman �ouSeS Division. 95-291 8 8.2.5 After tM Feman pemuxcRs Divisive has recei.vad the test results f= the Eedl es-Srrlisa3-`m_:1 ity, they will infovn the Mxaep� or rot the applicant ig eligible for eq:l�t. All results shall be ]rept mn{idential. 8.3 eaasonable SL LCion Testing A supervisor may upon ruaamuWe smpicfm aM efts at least attmpti to ammult with tM division or.+.ro.M head, if available, ask my on-dny a Ployea to sutmit�to an imrediate almhol and drug hast. TM Aap.tment T tl or deaig sToald be ro fiei as smn as pssible. 8.3.1 T mplo is deFurment ts!ad or de ai sh+l l inudiately advise the ��oarces Manager or de 1of T}e of ruble suspicion. 8.3.2 Ttn a ple shall fmoedietely > given a "TPSC �t Eben" to mullets aM sign. 8.3.3 9t L+ eiployR will ba �y talren by tM supervisor or another s,gxnisor or mxag� employes of the to the appmisiate m iral facilitesting ty/c1 for . �. 8.3.4 If the mplo is rot able to be Telma to tt z< e mllcctim Site—+,__..__� for testug, the w� shah invediately telepl t agency std prirasry Tical facility (airy time day or night) ar&o call medical Personnel f the primary nedfcal facility aM request that they go to where the mployee }us bmn talren to ao . re Um drug and alb l test sanples. 8.3.5 TM egiloyes dull bs :.ma:.+oiy xeavued Ern duty vtl asxistal in getting tum aft t ttre dng arcl al<otnl test. 8.3.6 hewn ^rmsaiable suspicion" is the gromds for requiring a dmg/ale l test, tM aVloyee shall M Placed m paid adnirdstrative leave until tM test iesnlM axe available and a Prelimixary aANnistrative review has t cwdmtgt. 8.3.7 An alco l ad drug test for reasonable suspicion will include the urinalysis t t. 8.3.0 m• frau i alm l aM dry screen test will be given by the labsatory to the MA] who, after mn£in�ution, wi11 £mxerd t0 Ule Hvren PP.^xmrces Division. 8.4 pamian Testini 8.4.1 1fii. p ace wi11 acus tluougluat tM }Rae, and will initially imrolve a mirinwi of fifty percent (50%) of tM agAoye / pvsitima xegaiting a CDL for drg testing amt n ty-five percent (258) for alcoMl testing selecMd at ra13 axd .� +m+ rvu4 tbmugheut tM year. _10_ 95-281 1 5 10.0 CREEQ� m 1YL^)1NC 77251' Lffi'fIIAS - ua>(S AtID ATQBff. 10.1 applicants: Sob applicarms will be denied mployanent with the City if their initial pceitiw test xesults have leen confixmai. Applicants wa are current City employees sal be denied mploym t in the position for which application was made. Applicants shall Is infom i he usitbg if they am xe]ecTgi on the tees of a confirmed positive test result. alplayee applicants nts shall be handlai in axordarae with Election 10.2 below. 10.1.1 The applicant will be provided an oppaxtunity to discuss with the M the results of any positive test and seek a cress€fsaaF soft saimle test as provided in Section 11.0. 10.2 If an e loyee's lnsitive teat x salt has been caifinrei for thug or Alcohol use, the employee ie subject to action as follows: 10.2.1 Positive Deng TGSt: The employs shell be referad to a Wstance Abuse ;;;f ssiaial through the City Employs Assistance Program (PAP). The Substance Abuse professional stall determine Wet s==istancor if anyt is need to resolve prcblms associated with controlled substance abuse. In aceaelance with HI 26 56850 the City is chligatai to offer treatmant ssistarcs and. lhnit financial assiatarce. tenure -to ccnply with the ravmmade3 txeatmvK, if any, ham, shall be taus for discfpl�. actim:.up to ant inclucbg temination. Factoa to be conaideral do dateminxag the appcolsiate disciplinary remlon^e include but are not limitel to: employee's work history: length of eigloyaent, cuaent job performance ant existence of past disciplinary actions. 2b disciplinary action shall to tat n against any mployae who voluntarily identifies himself/ herself as a substarce abuser prior to the tine that it is appem_nt that the use has been tffitectal. A second positive test or further violation of this policy following an initial positive test shall be cane for discharge. Prior to any disciplinary action being imposed by Tile city, the employee is entitled to a disc£pl£nary hearing. 10.2.2 Positive Alcolsal Txst. The employs shall he referred to a sumurarce Abuse Professional thrwgh time City Employee msistance program (PAP). the substarce Abuse Professional shall detewdre what assistance, if any, is needod to resolve p iale ms associated with almtul amuse and shall males those xecvmmdatious to the Deploys. A3twithstanding any re: ndx+nn= made by the S tanee Amuse Professional, the City may ta1rP disciplinary action on to and including Factors to be caaidexed Ws determining the appropriate disciplr response irclur'a, mut are not limited to: n�cyoa's ark hdstory, length of mplrnwnent, current job perfonnarce and existence of past disciplinary actions. W discipuina y action shall be tales against any Deploys who voluntarily ifeiti£is hiself/ homeel£ as an alcohol abuser odor to the time that it is _31_ 9s -Mi q� apparent that vee las tin da[atsi. A second positive tit, should the eglayes comm a io r? S%Auyu £olloi an itdtial positive test, stall be cavae fon disch r . enior ro a disciplinary sedan being »sed by t2ne City, fro m joyw ss entitle] w a discipLinary hearixg. 11.0 Ca � A CQ� $sLSyPAy"TESl' ]SAS (1 Tc9f) 11.1 An aiployco or Jot app Onon wleae dong teat yields a positive result, confis by tla P , ah+ll W giv a-eaee i- tolomethets 1 vsted anon*=. awmvei labs t the f the 1 awlrcant Thi% = t mrst to ^_' m the Mlm within l2� t nn � lei aM a p sitiv_e, g ssaeag split p mt test use a lre tttoa of the em test angle mittdrma Eons the �loYee or applicataot for vee in the €€ares die rsst. 11.2 if the sesee9 sort test confi the gaitive test result, the ,,, or etpli shall fo m fief of fhe results by tte tRm, wro will offer the a%loyw an opportunity to discuss t results. 19w .M9 will TYa notify the mmai ]sources manapr in sutet�Taree Tre letter of mtific tion Si idanti£y the par food 12.0 @II,fO&S1ALII'Y O4'ffi 1 12.1 Ail '^�an from an employee's or a licazR's drug ani alcohol Teat is Oofidmnt asd only ruses math a m to ]vera ane to Ce L Col l of agacytestn sulTs.atLan lsohibited unless x tten Pelson, . rorrflnuz is dmg Of ueimatinn ra o from The ®pluor applicant or ulrsv Subpoena. Tre results of a positive Test stall rot be posits a by tfie mull until r�ults ml negatl ed. turn r sus r of v10 n t ay od bias testing laborat - M Pastil rot results will fo m intaix� by tta mel, a mPoxied ro the l0man �es Mznager, where they mill to kept ort file. 13.0 PANKT II] CtIId4CN, R®G'17?SfItL 13.1 Urine smiples shall fo pmvidal in a Privare r ffoo n scall or similar encic a so that �loyees and ap C a MY not be ie,.ed while providing tie smkp . awgloyees- aegarsed--d#sreF»-aa€-wP33->3e-§;vOrder to UraAB=awe£-wk±se €o r are-lsevxlssg-fee£-ssglea , order to eines that thees, a is no taryening= i 6 gtrPat clothes, b gs, briefcases, purses, and limn Mainers mry rot be cazried irko the test erns. 'she wavy ag tM1 c®vode, if any, shall to colored with dye to protect agaUrst dilution of test samples. 13.2 An applicant or EUPI ee nay Defoe the right to Pri y aM Provide rile urine saiple in tae presence of a wifress (of the sane ga+der) asg-�-B?-mired-Ee-9:sxahe-aaA-ws3r-a-AasgiraL-gam. 95-280� 14.1 x11 chanfcal drug aM alminl testing of ®pleyees a d alplicazrts cAal l Y commuted at ^a: mal facilities or lah ratories selstsl by the City. m to coni as a testing site, aitedical facility ox lab went sulmit in writing a description of the IxncsLvma that will w� to murrain test saaples. Factors to to ccnside by the City in ' � a rasing facility unlade In ad3 On to MISS ce ficationi 14.1.1 'Ming pn� which ensuxo privacy to mgloyaes aM app1ic consistent with tic prevention Of taoperfng; 14.1.2 Y tkds of analysis which ensum reliable tit �, i eluding the use of gas ctarnatography/m s spocbxaeC y to cwff pwitive t Y �; 14.1.3 Chain -of -custody pn �h maem pxnpec fdeatffication, la UW amp iarAL g of test sanples; and 14.1.4 Petm[ian ab storage P� which maven reliable rvsults on ccnf atony tears of original swples. 14.2 6�gtim Soft Sala 1Pst 14.2.1 T a.. � or ®plgree may request a seeer9: Bd 38aE3®l slit S&Ole tit Of Ue 3810e Sas Wltilin 72 trans of entice Lhat rte fixer test ves positive. 14.2.2 14e cost of sdlit ] test nn.et ba laid In advanra by the -Applicant or ewployea. if rte test 3s rep r � City shall re� tM �lica or �loyee for tle cwt of U test. 14.2.31Ye see P�es€iasarsfiat s ie test will be perforned by a MOA certified ]ab Oratory selected by rte 15.1 TTn tiwan resources M ager or the Director of Pr§ninis[ration �y Oe e ctaO for further infom on atrnrt this policy or its applicability. 16.1 mm policy shall be eff Y Jatrvary 1, 1995. ' 9s-zarg9 I N T E R MEMO O F F I C E To: Municipal Operations Committee From: Robert W. Farm, Director of Adminisvation Subject: Drug and Alcohol Policy and Testing procedures- Proposed Amendment Date: June2,1995 As the Council may recall, the City adopted the above referenced Policy in late December 1994, as required by the Federal Soverrm:ent. The Policy became effective January 1, 1995. Since the effective date, City staff has had an opportunity to both gain further experience/knowledge about the topic and to receive further input from the company performing the tests. Additionally, the law has recently changed, excluding pre- employment alcoholtesting requirements. With the additional knowledge and experience, as well as the change in law, it is appropriate to revise the Policy in a few selected areas. The majority of the changes deal with the process surrounding the "split urine sample" for drug testing. The new language more accurately reflects correct terminology and the processes that occur. The original policy, as adopted, did not accurately reflect the requirements of Federal Law. The attached pages of the Policy are the only ones in which changes occur. Additional languagehas been underlined, deletions have been stricken. T will be prepared to review these changes with the Committee an Tuesday. Should there be any questions, prior to the meeting, please do not hesitate to contact me directly. RWF/jr Attachments cc: Sally Thompson, Rumen Resources slanager