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HomeMy WebLinkAbout1990-06-25 90-254 ORDER11 Dale Mine 25, Item No. 90-254 here/Subject:. Policy on Alcohol and Drug Abuse Responsible Department: Legal/Executive CommeMart: — In 1988, the Federal Government passed the Drug Free Workplace Act. The law requires that recipients of Federal Funding must (1)adopt policies regarding drugu use (2) publicize the policy, and (3) state the consequences of unauthorized drug use. The City receives Federal funds from Housing and Urban Development, Federal Aviation Administration and U.S. Department of Transportation. Following a series of workshops and meetings over several months, with the City Council, Department Directors, City employees and legal and personnel staff, the proposed policy is before you for consideration. It should be noted that the State of Maine Department of Labor will -also have to review and approve the policy. Depending upon further. art rulings, this policy may have to beamendedin the near future to include random drug testing for certain sensitive positions, such as airport personnel and bus drivers. dpnrnent xnd• Manager's comment,: city mm..,xr Associated Information; Alcohol and Drug Abuse Policy Budget Approval: - Legal Approval: City We r , Introduced For ®Passage First Reading - page_ of ❑ Referral 90-254 Asdgnedto Camwlw England, June 25. 1990 CITY OF BANGOR (TITLE.) (Drbgr, Adopt ng Drug„and Alcohol „Abuse Pol,,cy.-in Compliance With F d 1 airug Free.. Workplace Act'_ Requirements He HW CHP CommH otw Cite Of Nestor. ORDERED, THAT WHEREAS, the U.S. Department of Housing and Urban Development has Issued regulations requiring recipients of Community Development Block Grant and other Federal funds to certify that they will provide a "drug free workplace” and make other certifications as stated in the HUD regulations; and WHEREAS, the HUD regulations have been duly issued pursuant to the Federal "Drug Fee Workplace Act of 1988' (Pub.L. 100-690, Title V, Subtitle D); and WHEREAS, the City of Bangor is a recipient of Community Development Block Grant funds on a continuing basis; and WHEREAS, it appears the City has not yet adopted a policy necessary to implement the requirements of the Federal statute and BUD regulations, NOW, THEREFORE, By the City Council of the City of Bangor be it ORDERED, (1) THAT the attached document titled "Policy on Alcohol and Drug Abuse by Bangor City Employees' be and hereby is adopted as a part of the City's Personnel Policies; and (2) THAT the City's Human Resources Manager is directed to take such steps as may be necessary to implement the policy, and to establish a "Drug Free Awareness Program" for City employees as required under the cited Federal laws and HUD regulations. Statement of Fact: Attached are copies of a proposed policy as stated; a summary of the HUD regulations and requirements as contained in a Notice dated May 26, 1989; and the relevant Federal statute. Recent changes to the latest draft of the proposed policy e indicated by underlining or Ae}et#sae. These changes are the result of Council discussion of the proposed policy at the Council workshop on May 21, 1990. IN CITY COUNCIL June 25, 1990 Passed CITY ERK 90-254 OR UYR Title, Adopting Drug and Alcobol Abuse Policy in COmpliauc¢ rich Fede6Ta1 "Drug Free Workplace Act" Requirements ..................//.,;`..�/ ............................. ........ Ae Fed mancilaun 90-254 Policy Reference Number POLICY ON ALCOHOL AND DRUG ABUSE BY BANGOR CITY EMPLOYEES I. PURPOSE, EFFECTIVE DATE The purpose of this chapter is to state the City of Bangor's policy regarding alcohol and .drug abuse. This Policy shall take effect ten (10) days after final passage; orovided that Policy provisions relating to substance abuse testing shall not take effect until the Policy has been reviewed and approved by the Maine Department of Labor pursuant to 26 M.R.S.A. 5 683, subsection 2 and 26 M.R.S.A. 5 685. School Department employees are governed by a separate Policy. II. LEGISLATIVE FINDINGS The City Council of the City of Bangor hereby finds as follows: 1. Drug and alcohol dependency are treatable medical conditions, provided the abuser genuinely wishes to be helped. Rehabilitation of City employees who have a drug or alcohol abuse problem is practicable, desirable, ands ryes the interests Of the City, the employee, and the general public. Accordingly, the primary focus of Bangor's policy in this area shall be on identification, counseling and rehabilitation of the individual employee, and not on disciplinary action. 2. Drug and alcohol abuse by City employees causes the City to incur additional costa in the form of increased insurance payments, medical severance and retirement pay, lost time compensation, sick leave, premature death benefits, and the like. Such abuse also increases the City's expenses for police and fire protection, user rehabilitation, and related programs. 3. Drug and alcohol abusers tend to live shorter, less healthy, leas productive lives than non -abusers. 4. Drug and alcohol abuse can result in a wide spectrum of serious health problems, including: - small lesions of the heart - disruption of normal heart rhythm - high blood pressure - leaks of small blood vessels in the brain - bleeding and disruption of brain cells - permanent memory loss - infertility - impotence - !=one system impairment -2- - nervous system disorders - low birth weight and birth defects in unborn children - kidney failure - liver cirrhosis - pulmonary damage - heart attack - stroke - sudden death. S. Drug and alcohol abuse by City employees, when it occurs, has a serious and detrimental impact on the efficient operation of City government, on the safety, health, and efficiency of the individual abuser, and on the safety, morale and welfare of the abuser's co-workers. Further, abuse of drugs and alcohol, over the long term, has a corrosive effect on the social and moral climate within the City, destroys the physical person of the abuser,. and detracts from the quality of life for all Bangor residents. III. POLICY In accordance with the findings above, the City Council declares: 1. It is the Policy of the City of Bangor to create and maintain a healthy work -place environment for all City employees to promote and encourage safety- and health -conscious practices among its employees; and to seek elimination of those practices that are detrimental to the health, safety and welfare of City employees and of the public at large. 2. It is the Policy of the City that City employees shall not report to work under the influence of alcohol or drugs; shall not engage in any transactions involving illegal drug v and shall not sell or provide alcohol or drugs to any other employee o other person while on duty, at work, or on call" in the course of their employment by the City. 3. It is further the Policy of the City that City employees with a drug or alcohol dependency problem shall not be dismissed from City employment under this Policy unless the employee's dependency results in specific conduct that is incompatible with performance of his or her assigned duties, or unless the employee's dependency or conduct poses a threat to the safety of other City employees or members of the general public. No disciplinary or other adverse action will be taken with respect' to any City employee who discloses a previously undisclosed drug or alcohol problem for the purpose of seeking medical assistance, counseling, or other forms of treatment, by reason of such disclosure. . -3- IV. PROHIBITED ACTS 1. No employee of the City of Bangor shall report for work in an intoxicated condition, or while under the influence of illegal drugs or alcohol. Smployees reasonably believed to be under the influence of illegal drugs or alcohol shall be prevented from engaging in further work and shall be instructed to wait for a reasonable time until an authorized City representative can transport the employee from the work site, or until alternate arrangements can be made. nny employee refusing to cooperate with such instructions shall be subject to disciplinary action in accordance with the City's Personnel Rules and Regulations, or applicable collective bargaining agreement, as may be amended. 2. No employee of the City shall use, consume, possess or transfer alcoholic beverages on City -owned premises, or in any City -owned vehicle, during the regular hours of his employment by the City, including overtime hours, except as may be required or permitted in the course of City -sponsored public functions at the City Auditorium, Bass Park, the Municipal Golf Course, or other non -school public facilities. 3. No employee of the City shall manufacture, distribute, dispense, sell, transfer, use or possess any illegal drug or controlled substance in a manner contrary to this Policy o City -owned premises, or in any City -owned vehicle, g during the regular hours of his employment by the City, including overtime hours, lunch or other work breaks, or compensated on-call periods, including compensated on-call periods at the employee's home. Any criminal conviction for an offense involving the use, sale, transfer, manufacture, distribution or possession of any illegal drug or controlled substance in violation of this paragraph shall be just grounds for dismissal or disciplinary suspension from City employment, as the City may deem appropriate. Prior to any dismissal or disciplinary suspension under this paragraph, an employee shall be entitled to a hearing as provided in Section VIII below. An employee dismissed under this paragraph solely on the basis of a criminal conviction whose conviction is later reversed on appeal shall, upon application, be re -hired to his former position; and when re -hired by the City, shall be restored to his former grade, seniority, and pension status. 4. Exceptions. Alcohol use by a City police detective during the course of a criminal investigation, if necessary to avoid compromising the officer or investigation, is not a violation of this Policy. The lawful compounding, dispensing, or administration of any drug by licensed City health-care employees is not a violation of this Policy. The use of any lawful prescription or mon-prescription drug in accordance with the prescription or the manufacturer's instructions, is not a violation of this Policy. However, employees who have reason to believe their job performance may be Impaired or affected by use of such drugs are required to notify a supervisor of that fact, as set out below. 5. Violations of this Policy by a City employee may be grounds for disciplinary action in accordance with the City's Personnel Rules and Regulations, or applicable collective bargaining agreement as may be amended; and as more fully set out below. V. RESPONSIBILITIES 1. BMPWYEES A11 City employees are responsible .for assuring their individual compliance with the provisions of this Policy. In addition, each employee is required to do the following: A. Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, which the employee has reason to believe may interfere with the safe and effective performance of duties or the safe operation of any City vehicles or equipment, and B. Notify his/her supervisor of a conviction for any drug-related criminal offense within five (5) days from the date conviction is entered. 2. MANAGEMENT The City Manager, Department Directors, managers and supervisors are responsible for assuring compliance with this Policy by their subordinate employees. Managers and supervisors shall; A. Make all new employees aware of the existence and contents of this Policy. B. Take or initiate appropriate action against employees found to be in violation hereof, by reporting the same to the appropriate Department Director who shall take appropriate action o forward with recommendations, as provided in Section VIII. C. Forward all reports of criminal n c ictions to the City Personnel Director withinfive (5) days after the same have been reported by the employee. D. In addition, Department Directors of the various City Departments shall maintain a written record of counseling in instances where anemployee of that Department has been counseled p�the Department Director regarding a suspected drug or alcohol problem. The employee concerned shall be given a copy of each such statement. The employee affected shall initial the Department Director's file copy of such state- ments. No statement shall be kept or maintained by the City respecting any voluntary disclosure of a drug or alcohol problem by a City employee, made to his supervisor or Department Director for the purposes of seeking medical or other forms of assistance, counseling or treatment. Records respecting voluntary disclosures of druo or alcohol it EAP counselors for treatment purposes only. Any Department Director, manager or supervisor who knowingly permits a violation of this Policy by employees under his/her direct supervision will be subject to disciplinary action 1. The City has established a-dEaq-and-aleehel its broad based Employee Assistance Program (SAP) to assist those employees who voluntarily seek help for any variety of life Problems including drug or alcohol problems. In addition, City employees who have been found to have a drug or alcohol problem may be required to participate in this program as a condition of their continued employment by the City, as provided in Section VIII, below. 2. Participation in the EAP program by those who may have an alcohol or drug problem is strongly encouraged. No adverse personnel action shall be taken or initiated against any City employee by reason of his voluntary participation in the EAP program. voluntary admissions of a drug or alcohol problem for purposes of seeking admission to the EAP program will not form a basis for discharge, reprimand, or disciplinary suspension from City employment. 3. To facilitate participation in EAP, supervisors may make reasonable adjustments in an employee's scheduled hours of employment, duties, assignments, etc., giving due consideration to the impact of such adjustments on the work load and hours of other supervised employees not participating in the program. 4. Any employee who wishes to obtain additional information about the Employee Assistance Program may contact his or her supervisor,r the City EAP representative. All such inquiries shall hheld in strict confidence. VII. DRUG AND ALCOHOL TESTING A. PRE-EMPLOYMENT SCREENING 1. Any applicant for permanent or part-time employment with the City of Bangor who has been offered employment by the City may be required to undergo a complete physical examination prior to hire, in order to assure the applicant's fitness for the position in which he or she is to be employed. As a part of this examination, the City may require that the applicant be screened for illegal drug use by giving murine sample, which will be tested for alcohol, illegal drugs or their metabolites. All such screening will be conducted in accordance with the procedures outlined in Subsection C, below. 2. A positive result from a pre-employment urinalysis test may result in the applicant not being hired by the City. Accordingly a 1' t h ha reasonto believe that the resultf 1 t urinalysis test r uired by the Citv under this Policymay affected b lawful t ti d medication thea li t t keg should report the same on his n 1 1' t' and must report h th h i Ther medical ce sonnei administeringh d The applicant shall be advised of this requirement at the time of his application. 3. The applicant shall l nv�b notified of the urinalysis It d' h f a confirmed Positive test result shall have three 131 working days in which to submit information exp1 t ti h t t r cult. N. PROBABLE CAUSE TESTING 1. Any immediate supervisor who has probable cause to believe that the employee is then under the influence of alcohol or illegal drugs in violation of this Policy, may, with the approval of the appropriate Department Director, and moon review by the City's Human Resources Manager, request the employee to submit to drug testing in accordance with the procedures outlined in Subsection C, below. 2. The supervisor eraer}ng requesting such tests shall make a written record of the facts upon which his probable cause determination is based, including any personal observations and observations by witnesses or other employees.- The name of a employeet' d drug or alcohol abuse to the sucervisor shall remain confidential. +Phe-Ramee-a€-aaY-eneh x#5aesaea-er-emg}epees-aA9-she-sanies-aA#-Aasnre-e€-say-ads#s#spa} #p€B Pma£#BR-n$eA-w11}¢5_Eh¢-preb8b}e_¢ane¢-�e5erm}fla£#eA-#6-h88ed aha}}_5e-#ne}a9efl-#R_enaA-e5a5emep5. 3. The term "probable cause", as used in this Subsection, means a reasonable ground for belief that an employee may be under the influence of alcohol or illegal drugs, based on personal -0 - observation or reliable information received from others. Examples of observations which, either alone or in combination, may constitute "probable cause" include the following: - slurred speech; glassy or bloodshot eyes - the odor of alcohol on the employee's breath - inability to walk astraight line - repeated accidents involving City property - unusual physical or verbal altercations with other employees, supervisors, or members of the general public - actual possession of alcohol or illegal drugs or drug paraphernalia - personal behavior that is bizarre or grossly out -of -character for the individual employee - information obtained from a reliable person with knowledge (a. 0. , an employee reporting personal observations of illegal drug use by a fellow employee at the work site) "Probable cause" may not be based on the following: - information received from anonymous sources - information regarding off-site alcohol or drug abuse not prohibited under this Policy - a single work-related accident 4. No employee may be required to submit to probable cause testing if he or she expressly refuses; however, the employee's refusal to cooperate with such testing shall not prevent the City from taking appropriate disciplinary action on the basis of other available information. A negative test result in any probable ause-based drug or alcohol test shall bar any disciplinary action by the City based solely on the incident giving rise to the test. C. TESTING METHODS AND PROCEDURES No employee or applicant may be required, asked or induced to submit to any drug or alcohol urinalysis test axcept in accordance with the procedures prescribed herein. Administration or supervision of any drug or alcohol urinalysis test in a manner contrary to the above procedures shall be a basis for disciplinary action against the supervisor or employee administering such teat. 1. Teat to be used. whenever a drug or alcohol screening is required under the provisions of this Policy, a urinalysis test will be administered. Except as part of a medical procedure o valuation in which the drawing of blood samples is required for other valid purposes, (e.g., as a necessary part of a general, pre-employment physical), no employee or applicant may be required to contribute any blood or other fluid or tissue samples for the purposes of drug or alcohol testing under this Policy. g- 2. Drugs to be tested for. The emplcyea's urine sample will be tested for the following drugs. In addition, the employee's urine sample Day be tested for the presence of any non -listed substance subject to regulation as a controlled substance under the laws of the United States or the State of Maine. (a) Alcohol (ethyl aiConoi) (b) Amphetamines (e.Q., "speed") (c) Barbituates (e.a_, Amobarbital, Butabarbital, Phenobarbital, Secobarbital) (d) Cocaine (and/or metabolite) (e) Methaqualone /'qualudes") (E) Opiates including synthetic opiates (codeine, heroin, morphine, methadone, hydremorPhone, hydrocodone, etc.) (g) Phencyclidine (PCP or "Angel Duet") (h) Tetrahydrocannibinol (THC) (Marijuana) (i) Lyserigic acid dlmethylene (LSD) 3. Testing standards. The cutoff level for both screening and confirmation tests for marijuana under paragraph 2(h) above may not be less than 50 nanograms of delta-9-tetrahydrocannibanol-9- carboxylic acid per milliliter for urine samples. Additional testing standards shall be as prescribed by the Maine Department of Human Services, or in accordance with generally accepted professional laboratory testing standards. 4. Clection o£ Samples. All samples to be Collected from employee solfor testing under this Section shall be collected at medical facility, which may include a first aid station located at the employee's work site. in the event no medical facility is available at the employee's work site, the employee will be furnished with any necessary transportation to be provided by the City at the City's expense. All collection of samples shall be supervised by a health care professional duly licensed under the laws of the State of Maine. No employee or applicant may be required to remove any clothing for the purpose of collecting a urine sample, except that the employee or applicant may be required to leave any unnecessary outer garments or personal possessions outside the testing area. No employee or applicant may be required to provide au rine ample while being directly or indirectly observed by another individual. No urinalysis test required under this Policy shall be administered or supervised by a person of a different sex than that of the employee or applicant being tested. -9- 5. Markina and Staraae of Samples. All specimens and samples required to be collected under this Section shall be collected into separate tamper -proof containers, which shall be promptly sealed against tampering and marked with the date, employee's name, time and location the sample was taken, and any other pertinent information. The person supervising the collection of the sample shall mark his or her initials on the surface or the container or on any label or seal affixed thereon. The container containing the sample, if not immediately tested, shall be stored in acrefrigerated area at a temperature of 37 to 46 degrees Fahrenheit, to prevent deterioration of the sample. Thereafter, any transfer of the sample from one person or location to another, including transfer to and from a testing laboratory for the purpose of chemical testing or urinalysis, shall be evidenced by execution of the appropriate entries on a change -of -custody certificate of the kind currently employed by the Maine State Police in connection with the transfer of physical evidence in criminal cases. All samples not tested within five (5) calendar days after having been collected will be discarded, and a report of the same will be made to the E#Ey-Pemsesae}_B#EeeteE C't Human Resources Ma by the employee or laboratory responsible for such delay. 6. Laboratory Testing. All samples will be tested at a qualified testing laboratory, the director of which shall be certified by the American Board of Forensic Toxicology or the American Hoard of Clinical Chemistry, and which shall have demonstrated satisfactory performance in the proficiency testing program of the National Institute on Drug Abuse, the College of American Pathology, or the American Association for Clinical Chemistry. Samples will initially be tested with an immunossay screening test. All samples initially showing a positive test result will be re -tested by use of a gas chromatography -mass spectrometry confirmation test for the presence of those drugs listed in Subsection C(2) above. Cnly confirmed positive teat results will be reported back by the testing laboratory. All unconfirmed positive test results will be reported a 'negative for tested substances." All such reports will be directed to the C#£y Personnel -Digester City's Human Resources Morcott. Confirmed positive test results will be reported in a written report which will be mailed by registered or certified mail to the City's Human Resources Manager, by name, with delivery restricted to the addressee only. The outside envelope containing such a report will be marked as containing ^confidential matter." The laboratory selected by the City to perform such testing shall, as a condition of its services contract, provide adequate certification regarding the confidentiality of its records -keeping and test procedures. -10 - days following administration of the teat. Such samples shall be retained in a secure, refrigerated area. Additional specimen samples obtained at the same time which have tested negative in the initial screening test procedure may be retained for control and comparison purposes. Such additional samples shall be re -sealed and re -labeled by laboratory testing personnel, so as to delete references to individual names of the employee from whom the sample a obtained. Within the thirty (30) day period following teat administration, any employee or applicant whose urine sample has been reported back "confirmed positive- for the presence of alcohol r illegal drugs may require that such sample be re -tasted at the employee's expense, either at the original testing laboratory or at a laboratory designated by the employee, provided such laboratory satisfies the requirements prescribed in Paragraph 6 of this Subsection. Copies of the results of such retesting need not be furnished to the City or its Persenne}_g£eeetem Roman Resources Mangier by the employee; however, it will be assumed in the absence of such reports that the re -teat did not contradict the original teat results. D. MANDATORY SAP REFERRAL Any employee whose urinalysis drug test results are returned "confirmed positive" shall be referred to the Employee Assistance Program established under Section VI of this Policy, for assessment, counseling and rehabilitation. Participation in EAP is voluntary, and no disciplinary action may be taken against an employee for failure to participate in the program. Rewever Except that, in the event of a confirmed positive urinalysis drug test result otherwise warranting dismissal under this Policy, the City may make participation in the EAP programa condition of the employee's continued employment by the City. No disciplinary action will be taken against any employee who voluntarily participates in the EAP program, solely by reason of such participation or by reason of any drug or alcohol abuse disclosed as a result of voluntary participation in the program. E. CONFIDENTIALITY OF TEST RESULTS All alcohol and drug test results to be reported under this Section are confidential in nature, and will be disclosed only to theta -who have-es-aeourceseed-se-knew-toe-rata}a-a€-reap-£eels the i Resources thorManager end n,aManager.Disclosure of teat tion without any a employee's other person, agency or organization without the employee's prioz written consent. extent -11 - in the f i f aii li action under this pow, MB prohibited. Any disclosure made contrary to this paragraph shall be a basis for d#ee4@}#sexy-def#ea-age#nes susnenalon or termination actioni the employee making the disclosure. VISI. MANDATORY COUNSELING REQUIREMENTS• PROCEDURES FOR DISCIPLINARY ACTION 1. INITIATING ACTION City Department Directors are responsible for recommending ox initiating appropriate disciplinary action for violations of this Policy, as stated in Section V, above. in addition, disciplinary action may be initiated by the City Manager in appropriate cases. Any recommendation from a Department Director extending to disciplinary suspension or dismissal shall be fowarded in writing to the City Manager for disposition. Prior to recommending suspension or dismissal of a City employee for drug or alcohol abuse, the Department Director concerned shall first counsel the employee regarding the employee's Performance problemsd b apparent abuse of drugs or alcohol on at least three separate occasions, these occasions to be documented in accordance with Section V, paragraph 2(d) above. Counseling requirements under this paragraph are waived in the event of a criminal conviction Involving use, possession or distribution of illegal drugs. The employee .shall also be notified in writing of the Department Director's recommendation for suspension or dismissal. 3. RIGHT TO A HEARING: PROCEDURES Upon receipt of a recommendation for suspension o dismissal of a City employee for drug or alcohol abuse, the City Manager shall, within ten (30) working nays, convene a board to consider the xnsmandation. The board shall consist of the City's Human ResourcesManager, the Department Director of a department other than that which the employee currently is employed, and one City employee of the employee's grade and pay classification. The board shall notify the employee, conduct a hearing, take evidence, and determine the appropriate action to be taken. Except where the employee has been convicted of a criminal offense involving use, possession or distribution of illegal drugs, no employee shall be dismissed from City employment unless the board finds that the empoyee's drug or alcohol abuse, or conduct arising from use of illegal drugs or alcohol, is incompatible with performance of the employee's assigned duties, or poses a threat to -12 - the safety of other City employees or members of the general public. In addition, where the recommended action is based In wheAa-ee-part sow on a positive urinalysis drug test result, n adverse personnel action may be taken against the employee unless the board finds by a steeRg preponderance of evidence that the employee's positive drug test result is accurate. Where the urinalysis drug test of the employee was based on probable cause, the board must also find by a preponderance of evidence that probable cause existed at the time of the drug test to believe the employee was then under the influence of illegal drugs or alcohol.. At any hearing held pursuant to this paragraph, the employee may be represented by legal counsel, and may present witnesses or other evidence, including the results of any re -teat conducted in accordance with Section VII, paragraph (C)(]), above. The board may recommend action short of suspension o dismissal, and it may condition the employee's continued employment with the City on successful participation in the EAP or other rehabilitation program. Within ten (10) working days following the close of any hearing conducted under this paragraph, the board shall issue a written decision, containing findings of fact and a brief summary of the evidence supporting these findings. A copy shall be sent to the employee concerned. 4. APPEALS All board proceedings shall be reviewed on the record for factual and legal correctness by the City Manager and the City Solicitor, except that the City Manager shall not review a board proceeding which he has initiated pursuant to Section VIII, paragraph 1. The City Manager or City Solicitor shall approve, disapprove or approve in part the findings of the board regarding appropriate disposition. This action is final. In taking such action, the City Manager or City Solicitor may not increase the severity of action recommended by the board. Further appeals may be taken to the Maine Superior Court in accordance with Rule SOB, Maine Rules of Civil Procedure. 5. NON -DISCIPLINARY TRANSFERS NOT AFFECTED Nothing in this section shall preclude non -disciplinary suspension or transfer of an employee in the public interest, pending receipt of a urinalysis drug teat result or pending a hearing under this Section. Non -disciplinary suspensions o transfers by the Department Director concerned do not require board '. approval. -13 - IK. PROMULGATION As a part Of the City's "Drug Free Awareness Program", a copy of this Policy shall be distributed to each successful applicant for City employment and each City employee employed an the effective data of this Policy. In addition, copies of this Policy shall be prominently posted and displayed at every regular place of public employment within the City, in the place usually reserved for posting of public notices and other information. K. .DEFINITIONS As used in this Policy, the following words and phrases have the meanings stated: 1. The terms "alcohol" and "alchoholic beverage" include beer, wine, malt, products, ale, stout, liquors, and all other products intended for human consumption containing ethyl alcohol, subject to regulation under Title 28A, Maine Revised Statutes Annotated (1988 Rev.). 2. "Illegal drugs" and "illegal or controlled substance" refers to all substances intended for or susceptible of human consumption, the possession, v , sale or transfer of which constitutes a crime under State, Federal or local law. The term includes, but is not limited to, marijuana and THC; cocaine and its derivatives; opium and its derivatives, including morphine, heroin and methadone (unless part of a medically prescribed drug treatment program); LSD; PCP or "Angel Dust"; all categories of amphetamines and barbituates, the sale or dispensing of which normally requires a medical prescription if obtained, used or transferred without or contrary to a valid medical prescription; and all substances now or hereafter designated by the Attorney General of the United States or of the State of Maine as controlled substances. The term expressly includes all substances subject to regulation under Title 17-A, Maine Revised Statutes Annotated (1988 Rev.). 3. "City employee" or "employee of the City of Bangor" means all regular and part-time employees of the City,. including supervisory, personnel and employees whose work affects the public safety, as those terms are defined below. 4. "Supervisor" includes Department heads, managers and any other City employee who has direct responsibility for monitoring, reporting on or directing the performance of any other City employee, who shall have been designated as such under the terms of his job description, employment contract, or in accordance with any City organisational chart or other similar document. 5. "Under the influence" of illegal drugs or alcohol means having consumed a quantity of any such substance sufficient to cause any level of impairment of the useis physical or mental faculties. With respect to alcohol, it includes any blood alcohol -14 - level in excess of 0.0008 mg/ml (.088). With respect to illegal drugs or controlled substances, it includes any detectable level of the substance or its metabolites beyond a trace mount, except that detectable levels of cannabinoids (delta -9 -tetrahydrocannabinol -9 - carboxylic acid) below 50 nanograms per milliliter shall be deemed to be a "trace" amount.