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
......................................
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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