HomeMy WebLinkAbout2006-02-13 06-074 ORDERCOUNCIL AMON
[tem No.
Date: Abu -2006 Qu o7r
Itemnational ORDER,Adopting aSubstance AbusePolicyfor forcertain positions at Bangor
Internntional Airport engaged In safely sensitive work for ExzonMobil
Responsible Deportment: Airport
Commentary:
This Order will adopt a Substance Abuse Policy for certain positions at Bangor International Airport which
perform safely sensitive work for EwronMONl under their existing contract with the Airport. Positions
which would be included are: full and part-time ramp personnel who operate any EraonMobll fuel
equipment; all fuel fano employees who assist in off-loading fuel products; and all Ground Service
Equipment workers who m intaln and/or repair E onMobil equipment or machinery.
The Policy has been submitted to and approved by the State of Maine Department of tabor, Bureau of
Labor Standards as required by State law. In addition, the Union representing Ramp employees has
indicated its acceptance of Me Policy,
The Govwnment Operations Committee reviewed Me Policy at Rs November 15, 2005 meeting and
recommends approval M the City Council.
Rebecca L Hupp
Department Hand
Manges Cmnmentro
This pdio/ is required under aur agrcemem wiM EvranMONI and I recommend I.
A
S7 O�Mn�
Asmciated information:
Substance Abuse Policy, Departmert of labor approval letter, Government Operations committee minutes
form November IP, 2005
Finance Director
Legal Approval:
icrtor
Introduced far
-X- Passage (Consent)
_ First Reading Page—of
Referral
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'Assigmdw C.awcila Greeue Yearoai9 13, 30a6
CITY OF BANGOR
CrITLE.) Order, Adopting a Substance Abuse Policy for certain positions at
Bangor International Airport engaged in safety sensitive work for
EroronMobil.
Sy the O'ty Council oftl a O'ty ofeangor.-
ORDERED,
WHEREAS, the contract between Bangor International Airport and EmmnMobll requires
that all positions which perform safety seas ive work be covered by a Substance Abuse
Policy; and
WHEREAS, Mese positions are not covered by existing Federal Aviation Administration
(FAA), Federal Department of Transportation (DOT), nor Federal Transit Administration
(FTA) substance abuse polities as the work performed does not meet the definition of
safety sensitive under Federal regulations; and
WHEREAS, Bangor International Airport has developed a Substance Abuse Policy to
meet the contract provision with EomnMobil, and the policy has approved by the State
of Maine Department of tabor, Bureau of Labor Standards on October 28, 2005.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR,
That attached Substance Abuse Policy covering certain employee positions at Bangor
International Airport engaged In safety sensitive work for EomnMobil is hereby adopted.
ID CITY COUNCIL
February M 2006
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IIRLE,) AdPtive a Subatan a Abvee PoI3cy
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DEPARTMENT OF LABOR
BUREAU OF LABOR STANDARDS
45 STATE HOUSE STATION
AUGUSTA, MAINE
04333-0045
WAGE AND HOUR Dlvaicii wwwnveww
October 28, 2005
Amy E.Quam
Alcohol/Drug Program Manager
Bangor International Airport
287 Godfrey Blvd.
Bangor, ME 04401
Dear Ms. Quam:
I have on this date approved the substance abuse applicant and employee
testing policy for Bangor International Airport which was submitted on June .
10, 2005 and with recommended changes on October 13, 2005.
Your company is responsible for insuring that the pokey is implemented in
accordance with State and Federal law. -
You must provide employees with notes, including a copy of the approved
policy, at least 30 days before the polity for employees takes effect. A copy of
the notice must be sent to this office at the same time it is sent to employees.
You may begin testing applicants upon receipt of this letter.
The Bureau of Labor Standards has a statutory obligation to report to the
Legislature on substance abuse testing activity by Employers to the State of
Maine. As part of that responsibility, we will be requesting information
concerning your annual drug testing activities for each year in January of the
succeeding year. Attached OR a copy of the 2006 survey document to assist you
in setting up your recordkeeping system.
Sincerely yours,
Anne L. Harriman
Wage & Hour Division Director
Enc
PHONE: 207)an wo
ONVO
FP :
(EM GM &HA
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BANGOR INTERNATIONAL AIRPORT
SUBSTANCE ABUSE POLICY:
TESTING OF APPLICANTSIEMPLOYEES FOR SUBSTANCE ABUSE
A. Covered Establishment
Company name'. Bangor International Airport
Stmel address: 287 Godfrey Blvd.
Bangor, Maim 04401
Phos f2W)9924800
Contact regarding substance abuse testing policy.
Amy Ouam
Airport Security Officer
Locatonfs) Covered:
Bangor International Airport
287 Godfrey Blvd.
Bangor, Maine M401
This policy complies with the Mame Substance Abuse Testing Law (26 M.R.S A. Sec 68L890) and
the Maine Department of Labor Rules relating to Substance Abuse Testing (adopted October 27,
1989).
Applicants will be notified at the time of initial application that they may be tested for Substance. _
Abuse and will be advised where they may review the policy and statute. -
Pnorto testing, an applicant as defined in this policy shall be provided with a copy of the policy and
stands.
Bangor Intemafional Airport is committed to an alcohd and di free workplace for all employees.
It recognizes that alcohol, dmg or other substance abuse by employees will impair their ability to
perform property and will have serious adverse effects on the safety, efficiency, and productivity of
all employees. The misuse of oghimate drugs or the use,possession, distribution or sale of Hot
or unprescribed controlled drugs or contraband, including firearms, ammunition, explosives and
weapons on Airport business or premises is strictly prohibited and is grounds for immediate
termination. Possession, use, distribution or sale of alcoholic beverages on Airport premises is not
allowed without prior approval of management Being unfit for work because of use of alcohol or
dmes or prescription medications is strictly prohibiod and is grounds for disciplinary action
including termination of employment. While this policy refers spechcallyus alcohol and drugs, itis
intended 0 apply to all forms of substance abuse.
Employees who suspect they have an alcohol or di dependency are encouraged to seek advice
and to follow appropriate treatment promptly before it results in job performance problems. 10
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All covered employees am rosponsible for assuring their individual compliance with the provisions
of this policy.
Legal Drugs
The appropriate use of legally prescribed drugs and non-prescription medications is not
prohibited. However, Ne use of any substance which carries a warning label that indicates that
mental function, motor skills or judgment may be adversely aflecMed must be reported immediately
to hismer supervisor and the employee is refused to provide a wither release tram his hertloctor
or pharmacist indicating that the employee can perform hisfber sakty-sensitive functions.
In addition, each employee he required to do the following:
A. Notify hiseber supervisor of a conviction for any drug-related criminal offense within has
(5) days morn the date conviction is entered.
B. Scope of Testing:
Only individuals who are °applicants° as defined by this program and state law will be fasted as
"applicants". For the purpose of this program, an °applicant" will not be any person separated
from employment by Nis employer while mceiving a mandated benefit from or on account of
this employer, inducing but not limited to Workers' Compensation, Unemployment
Compensa0on and Family Medical Leave and for a period of 30 days beyond th termination
of the benefd, nor will an ''applicant" be any person separated from employment by this
employer while receiving a non -mandated benefit from or on account of this employer for a
Wed of 30 days beyond the separation.
1. Substances to be tested for.
a) Test procedureto be used and "off limit fieWitive screening test.
1) Screening will be the Emit (Enzyme Multiplied lmmuonassay Test)methodobgy
2) Substances
screening
-
Concentration
Cut ORf n umlel
Alcohol'
02% BAC
Amplocamine
1000 NGML
Cannabinode(Td0)
50 NGIML
Cocaine
300 NGIML
Opiates
2000 NGIML
Phencyclidine
25 N(WL
'Breath alcohol fest
A Test proredure to be usedaM cutoff BmitforpcsNveconfirmationtast
1) Confirmation test will be by GCIMS(Gas Chrcmafogmphy Speabomehy)metladobgy I 1
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2) Sub54arces
Concussion
unoxrmunrwt
Akohd' f4% BAC
Amphelamine - 500 NGM4L
Cannabirods(THC) - 15 NGIML
Cocaine entlbr Mamboliles 150 NGRdL
Opiates 2000 NGNL
Phencyclidine 25 NOWL
'Breatll alcohol lest
2. Testing of Applicants:
Classifications or position lilies to be tested:
Scheduled Ful and Parttime Repro Personnel -
Ground Service Equipment (GSE) Workers
Fuel Falco Personnel
Substance abuse teals will be administered only to those applicants who are in the above
classification wine (1) have beenoltered employment with Bangor International Airport
requiring pre -placement substance abuse testing, or (2) who have been uttered a position by
any such Bangor International Airport curd on a rester of efigibility horn which applicants shall
be selected for employment
Probable Cause Testing
Classifications or position fides b be tested:
Scheduled Fall and Part Tuve lump Pemomrel
Ground Service Equipment (GSE) Workers
Fust Farm Personnel
1. Probable cause means a reasonable ground for belief in the.exinmce of facts
that indurre a person to believe an employee may be under the influence of -
substance of abuse, provided that the grist®ce of probable cause may not be
based exclusively on any of the following:
A. Information received from an anonymous informant.
B. Any infurmafiontending m indicate that an employee may have possessed
or used a substance of abuse off duty, except when the employee is
observed possessing or ingesting any substance of abuse either while on
the premises or in the proximity of the employer premises during or
immediately before the employee's working horns.
C. Asmglework-mlatedaccidenr; tthar thew performance was a �n
contributing farmer, or could not be completely discounted as a (/
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wnMbuting factor. Ao employetw U be leered m soon as possible after
an accident, but in no case lata than 24 hour afterwards.
2. Classificafiom or position titles drat may make a derernamonan of probable
e=„se:
Any Baro supervisorypersonne1, a 4cenredphysician, or nurse can make the
determination of probable cause to test an employee.
3. Method by which probable cause determination will be waunurdwtedW the
employee:
Where the Airport has probable cause to believe that an employee is under the
influence of drugs or alcohol, a review will be undertakrn on nn individual basis.
The Airport official or other qualified sofimust sore in writing, the facts upon
which this deteminaaon is based and provide a copy of the statement W the
employee prior to testing.
Results of the test will be commdoicaml W the employee in person by the Airport
official and/or Idsdter designate within three days of receiving the test results.
Random Testing
Classifications or position tides to be fisted'
Scheduled Rill and Pont Time Rmmp Personnel
Ground Service Equipmeat (GSE) Workers
Fuel Farm Persomuel
Employees listed above are subject to random testing per the client's request and
will be selected on a computer-based random number generator using the last two
digiboftheevployee'sso Wsecmitymmbem. Random testing mrlump and
GSE personnel will be unannounced end conducted 9 the one so that the number
ofmadiom tests conducted each calendar year most equal a least fifty percent of
the Waal vdmba ofemployees m positions subject W random testing. Alt }Lel
From eofthelwillnnranobodedogand alcohol testing a[lees[ teed more Becauseofibeeffad ofmndomp and GSE
employees maybetested more
than once year, and some Hemp and GSEpemonral may moue m ed at all.
Gace notifiedthe c selection for random testing, with
employee mus[ immediately
procceA W the collection site in accordance with this policy.
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Statement th Support of Itaodum Testing Plan
Bangor international Airport reeks to have employees in safety -sensitive
positions, participate to random testing for drugs identified in the Plan. The
following positions are of a forme that there would be created an immensurable
threat to the health or safety ofthepubfic or w -workers if an employee were
molar the influence of drugs. Therefor, if the interest of safety, the Airport
requests that its plan for mmdom testing of employees in the positions identified
below, be approved.
The Airport's mond vvilh regard to testing is of follow the same random
selection procedures used by the U. S. Department of Transportation- That is, the
Airport will use atandom number gemaator such that 50%of the number of
employees subject to random testing will approximate the number of tats
wnducted each plan yam.
The positions for which the company seeks modem testing are as follows:
1. Scheduled Fail and PartTime Rama Persormel- All workers m these
positions we required to drive fuel tacks Had with flammable jet
fuel. If my of these individuals should be butler the influence of
drugs, their judgment end coorciif ation could be impaired which would
expose not only their co-workers, but else the traveling public to an
uvree ,onable danger.
2. (mmudS Em' (GSE)Wrk — These workers repair
the trucks required to bald the jet fuel, and my impairment nn then
part, could be reflected in then work inadvertwtiY causing a failure
on the vehicles. Any failure, even a minor me, may Possibly cause an
accident that could result in endue injury on either an employee or a
coworker.
3. Fuel Farr Personnel -These workers work with and maintain the Fuel
Pipelines and Fuel system. They also assist with the officad of fuel
into the Fuel Storage Tanks and momism and test the fuel to make some
it meets the appropriate specifications. Any impai[ment; even very
minor, of these personnel could result m fuel spills during offload, or
could result in an adverse reading of the final possibly causing
hazardous fail to be up -loaded into aircraft.
All of these positions require the employee to be completely aware and
unhindered in order to assure the maxlmnm amount of safety for all
concaved. It is for these reasons that the Airport firmly believes the
employees in the above categories undergo drug testing on arandom bears.
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t
Teatime While Undermine Rehabilitation:
While an employee is participation fir a substance abuse rehab program, cheer as
a result of voluntary or a mandatory referral by the Airport's EAP, or after
confirmed positive test result, substance abuse tenting may be conducted by the
rehab provider as requimd,requested, or suggested by that provider. The testing
undertaken as pan ofdo rehab program isnot subject to the provisions of ibis
progrem. Tho Airport will not require, request, or suggest to the rehab provider
that any substance abuse test be administered to one employee while mdemarag
rehab treatment unless the Airport has probable cause to test the employee or the
employee is selecfN for random testing under this policy. The result ofarry
tesaag administered by the rehab program will not be released to the Airport
Testing Upon Re= To Work:
If an employee who has received a confirmed positive count returns to work for
the Airport, whether or not the employee has participated in a rehab program, the
Airport busy require the the employee submit to a subsequent substance abuse
test w any acne for any reason between am* (90) days and one year from the
employee'sprio otal The ies[upon,emmm workmay be edvtinis[med iv
addition he my or= t ts, which may be conducted randomly, or for probable
C. Actions to be Taken:
Action to be taken for refusal fid submit fir a fiest Applicant will not be placed on a contract
job with a Bangor Intematm al Airport client requiring preplacement substance abuse tasting.
Apo home may appy for placement with other Bangor Imutational Airport clients without
submitting to lesbng. Employee who refuses to submit to adrug screening for probable sauce
motor random may be terminated.
Action b be raken between a teat and receipt of fast results: Anlicant will not be hired by
Bangor International Airport. Employee will be suspended with full pay and benefits while
awaiting test result for probable cause.
Action an be taken basad on a confirmedposlfive result from a teat:
AA l�will not be hired by Bangor International Airport.
Ems will be offered opportunity for up to six months of rehab services for an irNal, that
time ppsise result.
Action to be taken Nosed on a subsequent confirmed positive result
Employee may be terminated.
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0. Employee Assistance Program
1. The City has established it's broad based Employee Assistance Program (EAP) fo assist
those employees who volumady seek help for any variety of life problems including drug
and alcohol problems. In addition, Bangor Internmanal Airport employees who have been
found to have a drug or alcohol problem will be required to participate in his program as a
condition of her =finned employment by the Airport.
2. Participation in he EAP program by hose wino may have an alcohol ordrug prebbm is
strongly encouraged. No adverse personnel action shall be taken or initialed against the
Airport employee by reason of hisbrer voluntary participation In the EAP program.
Voluntary admissions to the EAP program will not form a basis for discharge, reprimand, or
disdpNnary suspension tram Airport employment
3. To faefflate participation in EAP, supervisors may make reasonable adjustments in an
employee's scheduled haurs of employment, duties, assignments, etc., giving due
consideration to he impact of such adjustments on the wort load and hours of other
supervised employees net participating in he program.
4. Any employee who Wishes to obtain additional information about the Employee Assistance
Program may coned hisiber supervisor, or the ay EAP representative. Ansuchinquims
shall be held in sNd confidence.
5. Any employee whose drug fest results are reWmed,'confirmed pDs%W shall be referred
to the Companys Employee Assistance Program for assessment, counseling and
rehabilitated. Padiapmon in EAP is voluntary, and no disciplinary action may he taken
against an employee for failure to padidpate in the program. Except lint in the event m a
confirmed positive drug test moultoherwtse warranting dismissal under his Policy, fie
Airport may make padicipation in the EAP program a"than of the employee's
confirmed employment with the Cdy. No disdplinary action may be taken against any
employee she vduntanly participates in the EAP program, solely by reason of such
padidpaton or by recon Many dug or al abuse disclosed as a resat of voluntary
padicipaton in the program.
Action to be taken upon model to use rehab mseurcee:
If, after being offered counseling or rehab services through the Company's EAP, he employee
refuses to use hose sercicies, the employee mailenter into a public or private rehab program.
If the employee dedines to enter into any rehab program, he employee may be discharged.
E. Testing Procedures:
1. Sample collection Kacidly orfedlries
Affiliated Laboratory(14m Anderson)
925 Union Street, Sure 4
Bangor, ME 04401
2. Method of sample collection:
a) Procedure to segregate a portion M the sample at applicant's request: 'O
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At the request of the applicant at th time Ne sat sample is taken, a potion of the sample
collected, heated, and labeled according to Sate regulations and these procedures, will be
segregatedforthatperson'sowntesfing. This samplewit storadby the laboralayand
chain of custody shag be maintained as provided in this policy. Within 24 hours after notice of
the test result is given to the applicant, the applicant shall notify the employer and the facility of
the rating laboratory selected for that person's on telling. The laboratory m selected must
be licensed by the Maine Oeparment of Human Services. The employer's labo2tory shall
promptly send the segregated portion of the specimen to the woad laboratory, subject to the
same chain of malady and security requirements; as observed for the employers specimen.
Testing of Me segregated portion of the sample shall be completed within 48 hours of the
notification to the applicant of lice original test remR
The applicant will be required to pay fa the segregation of a second sample as well as the
expense of and additional testing only if and whwn the appicant notifies the employer that the
appllcant "ally wishes ft fist to be made and the applicant hopes the employer of Ne
choice of laboratory to which the seamtl sample is to he sent.
b) Procedurebacollect
The employer will not require an applicant to remove any clothing for the purpose of collecting
a urine sample, except that the employer requireffiat an applicant leave any personal
belongings other than clothing and any unnecessary mat, jacket or similar outer garments
outside the odledon area.
No applicant may be required to provitle a urine sample while being absented, directly or
indirectly, by another individual.
Each urine specimen will be assessed by the person in charge of collection, in the presence of
the applicant by meaaudrg:
The temperature of the specimen within three (3) minutes of wading—must be between 97-99
degrees F. (unless rite apandrifPs temperature is higher than 99 degrees erlower Man 97
degrees FJ
The pH of the specimen—must be between 5.8.
And by evaluating the odor and color of the specimen for other signs ofmataminalron
It the specimen does not meal any of Mese assessment standards, the specimen witl be
rawded and the applicant will be given an opportunity to advice a second specimen. lire
applicant ads remain under observation at th medical facility and maybe given Goods cuts the
second specimen is provided. If the second specimen bass to meet any assessment standard,
the employer may deny employment to the applicant and nether specimen will be tested for
substances of abuse.
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Employee's election of blood fest
Foran alcohol or marijuana test, the employee may request Bata blood sample he taken for
testing. The employee must make this requests the time a and sample is taken. If the
employee requests a blood test, no other sample More the employee trill be tesla! for alcohol
ormadjuana. However, the employee maybe required to provide a arms sample for jesting of
other drugs.
3. Storage of Sample:
a) Atcallection point
Samples wall be allected in new, dean containers manufactured for the purpose of urine
allsomm. Immediately after assessment, the comairierwill be sealed with tamperproof"
and labeled in the presence of the applicant. fie seal will cover the rap and extend over the
sides of the arraner. The label MII contain the data and time of coileclian, and the identifying
number of the applicant. All information on the label will he written deady and with indelible
ink.
Samples will be transported or shipped promptly to the testing laboratory in a secure fashion,
ad as to prevent tampering. if shipment or transport is not feasible, the specimen shall be
refrigerated within one hour, at less than 6 C far no more than Mee days, afrozen at -20 C or
less, for no more than Wo weeks before shipment.
b) At laboratory:
All positive specimens cull be retained by Ne laboratory in the original containers N secure
storage. at lassoing temperatures (-20 Ccar less) for al least 6 months. Should legal challenge
oaur, the specimen wall be retained throughout the period of resolution of the challenge.
4. Chain of Custody:
a) Labeling and Packaging:
Immediately upon collection of such sample, a chain of custody record will be
established for that sample, indicating the identity of each person having control Over
Me sample, poll the times, and Makes of all lmnsfers or other actions pertaining to the
sample.
b) Transport:
Samples wall be picked up fmm Me facility within 24 hows of collecting the sample,
and will be drompoona an a secure fashion, so as ro avoid tampering.
Pach person who takes custody of Me sample anthe course of transport will record on
Me chain of custody log Me date, time, nareporter's name and employer's name,
origin and destination of Me sample. '
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c) AtLob:
When a sample arrives at the lab, the person receiving the sample sball record the
time of receipt pan the location of each sample in the lab's storage system. Any
technician or other person who removes the sample firm smrage or opens the sample
shall record the date, time, thew name and the purpose or opening of the sample.
5. Identify testing laboratory:
NAME.' Laboratory Corporahan ofAMerico
ADDRESS: 1904Ahrumier Drive
RTP, North Carolina 27909
800433-3984
CONTACT. Paula Minn Ph.D.
6. Procedure for notifying applicant of the result:
The applicant will sot be mantled unless the result comes back positive. In than case,
the applicmit will be informed in a meeting with the drug and alcohol coordinator, as
well as their supervisor and a UMon Representative, if applicable.
All laboratory reports, including the screening, confirmation and quality comhol dam
shall be reviewed by the Medical Review Officer (see subsection F) as accurate. The
report will identify the name of the laboratory, the drugs and metabolities rested for,
whether the test remlis wart negative or confirmed positive, and the cumfflevels for
each substance. The report will include any available information concerning the
mergin of accuracy and precision of the test methods employed.
Unless agreed upon by the applicator, no reman will show the quantity of substance
detected, but only the presence or absence of that substance relative to the cutoff
level.
b) No report will show that a substance vias detected in a screening test, unless the
presence of the substance was confirmed in the confirmatory test Test results will be
randomly delayed from 2 fo 5 days so that ted employer cannot gauge acreemag test
permits from the time resulu are reported. In addition, all testing will be pilled to the
employer 9 a single pate per sample tested (which may be periodically adjusted by
the hiwmtory).
c) No substance may be reported as present if the employer did notrequest analysis for
that substance.
d) Repoesofsamplessegegawdattheapphwnt'srequest,fortestingbytheapplicant's
choice of laboratory, will be provided to the applicant, the employer and the medical
pewee officer. yn
G
Ualm the applicant reasons, all test results and my information acquired by the
employer and the medical review officer in the testing process is rmtfide and and
may not be released m anyone except the applicam tested This requirement applies
W the personnel of all laboramries involved, m the medial review officer and to the
employer. However, this does not prevent the disclosure of results or information if.
1. Release of information is required or permitted by state and federal law including
releaseuader26 M.R.S.A. Sec 683 (8) (D), or
- 2. The use of this information is part away grievance procedure, administrative
housing or civil action relating to the imposifian of me art or the use of rest
resorts
Me results of my test may, not be required, requested or suggested by the employer to
be used in my criminal proceeding as provided by 26 MRSA Sec 685 (3) (B).
e) The laboratory shall retain records of confirmed positive results in a numerical or
q omits ve form for at least two years.
1) All laboratory reports on substance abuse testing will be submitted directly b the
Employer's Medical Review Officer ("MRO") and shall not be submitted to the
employer, The MROfor Bangor lnternatimmlAvporr will be Ahm G. Lykins, D.D.
24347 Rogers Road Richfield, NC 18137-8632, The MRO will r art to Bangor
befernmarmal Airport all negative laboratory reports as negative. Whin the MRO
receives a confirmed positive laboratory report, the h4RO will review any available
information submitted by the applicant to evaluate whether there is a mMical basis
for an applicant's drug usage which could have led an a cautioned positive laboratory
report. The MRO shall wmaathe applicant and, opouthe applicant's authorization,
may comect the applicant'sphysician to obtain verified information upon the
applicants legitimate drug usage It in the opinion of the MRO, there is a legitimate
notarized medical explanation for a confirmed positive result from the specimen
obtained, the MRO will report a negative test musico the employer.
The purpose of the MRO is to onve w ano-cost appeal of the result and to provide
harder medical advice concerning confirmed positive laboratory reports, which may
result from legitimate and prescribed usage. The MRO process has the additional
besefit of protecting applicant confidentiality in the case of confirmed positive
laboratory results which, in the judgement of the MRO, are ultimately reported as
negative results in the employer.
7.. Procedure for an applicant to appeal and contest the accuracy ofa confirmed
positive resort: '
if the applicant or employee chooses to segregate aportion of their sample and elects
W submit then sample In a laboratory of their choice, the results of the second teat will
bec rr olfdng. Toappealtheresi ofaconfirmeiposiuver tin Eeuoftesting ��
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the segregated sample, the employee or applicant must fill out and sign the statehood
"Substance Abuse Test Appeal" form submitting iWbmnation explaining or contesting
the results, within five working days aper notice of confirmed positive rest result.
The appeal process will be conducted without cost to the appliced or employee. The
applicant a employee will than be scheduled to meet within 14 days with one or
more of the Trustees, the MRO and Manager. The applicant or employee will explain
the basis for the appeal and may be asked questions. After the meeting concludes, a
wrinm report of thump and conclusions will be prepared and a copy sent to the
applicant or employee.
8. Ednrasion and Tracing:
The Airport will provide an education program for its employees which will include
the following:
a informational materials will be displayed on bulletin boards
It. community service million telephone numbem for employee assistance will be on
6Wletn, boards
c. Airport's policy author policy decade regarding the use of alcohol and drugs will
be distributed aha displayed on bulletin boards.
AB supervisory personnel responsible for deremrining whether an employee most be
alcohol or drug tested based on probable cause will complete a training program.
This program will include the specific physical, behavioral and performance
indicators of probable cause and drug use and the implementation of Airport's policy
on alcohol and drug use.
9. RehabilinstionrEmployee Assistance Program:
In the case of our employee following a confirmed positive tesq the employee will be
offered an opportunity in participate, for up to six months in a rehab program
designed to ertable the employee to avoid future use of a substance of abuse. The
employee may choose muse either a public or private progmm.
a Descripfionofinethodofpaymmtforrehabservices:
Ifm employee elects the services covered under Bangor's Employee Assistance
Program, the cost will be covered by the City ofBangor, Airport Department Ifany
employee elects mother rehab program, some of those costs may be covered by the
employee's health insurance. To the extent that costs may rant be covered by health
Insurance, the additional costs are divided equally between the Airport and the
employee. If the employee has diffrcultypaymg his or her shme ofthese expenses,
the employee should consult with the Airport to arrange for an advance again fume
earrings through a payroll deduction plan.
b. Testing upon return to work after completion ofrehab:
2A
Ora- 074
The employee may be required to submit to one subsequent abuse test anytime
between 90 days and one yeer of the employee's prior test
c. Employee Assistance Program:
The City ofBmgor, Airport Department's Employee Assismnce Program but been
certified under the State's Department of Human Services "Regulations For
Employee Assistance Programs Fm Employers Operating in the Sate of Maine"
provides a mage ofservices; to employees in addition to thou for substance abuse. A
copy oftbe DHS approval is numbed.
For an employee to take advantage of the employee assistance progrom, m employee
may directly call the employee assistance program or may ask for a referral through
the Company. The twerty-four hour hotline telephone number for the EAP is
1-877-8796495.
10. Record Keeping:
All employee records will be kept confideNal. Records of employee alcohol and
drug test results that show employees failed an alcohol and/or drug test and the type
of test failed (e.g., pre employmeut/pre-access, probable cause, etc) and disposition of
employees who test positive will be kept for ai least five years. All other tests shouhl
be kept for a period of times years. The person responsible for the implementation of
this program and record keeping is the alcohol and drugg boordvatoi idenfified on
Page one.
11, Contractor Employees:
The.A'irport will ensure that its contractors and subcontractors allure to the Airport's
policy while working£ the Airport on ExxonMobil property. Contracenes
employees, agents, and subcontractors who violate this policy will be removed from
the promises and may be denied futureemtry.
12. Consultation With Employees In The Development of The Employee Drug
Testing Plan:
The City of Burger, Airport Department met with employees on May 25, 2005 to:
1) Distributethepahey
2) Let employees Imow the employer's intent to submit an application to tare State
for approval of employee drug testing
3) Toadowtheemploycesmcommentontheproposeddmgtestingapplicmim.
Attached are minutes to these meetings a9 well as attendance sheets. �^
I undersbnd that a copy of the cumeat Alcohol and Drags "felting Procedures regmdiog
application of Joe Policy is available to me at my request
I also coassm to submit or alcohol and drug testing and agree to comply with all the
requirements of the Airport, and any federal, stare, or local laws or client(Exxon)
mquircmems conceming the use or abuse of alcohol, drugs, prescription medications and
controlled substances.
I understand that my failure to honor The teams of this policy will he grounds fm removal
from Exon work the termination of my employment, or rejection of my application for
employment
Employee Signature Date
Employee Printed Name
AppevdixB
Name of Alcohol and Drug Coordinator: Amy E. Quem
Name, Address and Phone Number of Collection Facility
Affiliated Healthcare Systems
925 Union St., Suite 4
Bangor, Maine 04401
(207)973-6700
Naive, Address and Phone Numhar ofcerti5� Laboratory
Laboratory Corporation of America
1904 Alexander Drive
RTP, North Caroline 27709
800-833-3984
Pauls Childs, PkD.
Name of MRO: if applicable: Kim 0. Lyldhs, D.O.
Z3
06 074
ScheduleA
The City of Bangor, A"nport Department has carefidly reviewed its submission for
approval ofsubstsnce abuse testing of applicants and employees to ensme its compliance
with the regulations issued by the Department of Labor, Bureau of Labor Standards, the
regulations issued by the Depastmmt of Barran Services, Office of Alcoholism aad Drug
Abuse Prevention for "Employee Assistance Programs for Employers Operating in the
State ofMaive^ and the "Maine Long Testing Laboratory Riles" issued by the
Depaz9nem of Hanson Services. Bureau of Health, as well as the "Substance Abuse
Testing Law' codified as 26 M.RS.A. 681 et seq. The City of Bangor, Airport
Depactm nt certifies that the enclosed submission complies with the applicable
provision of these regulations and laws and that it mt*m the required employee
notificatl=Focedmesprio wen mbmissionofi su co ab gpregrame.
Data: ICA-[�CS ( 7( a
ity'of Bangor, Airport Department
7 K-
06 074
SM Ules
If you have reason to question the accuacy of substance abuse test to which you
have submitted, you may file with the Company Test Appeal Committee by filling out
this form.
Name of Person appealing:
Date when sample wai pr vided:
Lomfion where sample was provided:
What are the reasons for your appeal of Me test's aovracyo (Please be specific)
Signature of Person Appealing
The Test Appeal Committee will schedule a time to meet with you within
fourteen (14) days firom the time this Appal is received by the employer.
xnwdac
For iM AWW commmre o*
06 074
Pemound Manager
Qnaaetloa Fadlity
Labo vtory
Date Seat to Person A ea4a :
74
06 074
BANGOR INTERNATIONAL AIRPORT
Substance Abuse Policy
Mating -May 25, 2005 @ 10A
Agenda
1. Introductions
2. Review mating goals:
a.) Implement employeelestiug per Maine law;
b) Removal ofRamp division from AAA Aircraft Mainteoenapolicy;
c.) Implememper City ofBmgoravd E=mMobil contract
3. Review Draft Policy:
a.) Compliance atiN Maine Testing law;
b.) Airport policy;
C.) Legal drugs;
d.) Classi5catlons of positions covered by this policy,
0.)'Piobable Causelcuing;
Q Random Testing;
g.) Actions to be taken
4. State AppmvalProcess
5. Questions & Comments
06 074
BGR �
INTERNATIONAL AIRPORT
Non -DOT Drug and Aleohol PoRay Meeting
1000 25 May 2005
Pilot's Lounge
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r�NGOR pI
mcc
07 October 2005
Ms. Anne Harriman
Wage & Hour Division
Maine Department of Labor
State House Station
Augusta, Maine 04333-0045
Dear Ms. Harriman:
Bnclosed, please fend in duplicate, the revised Bangor International Airport's Non -DOT
Substance Abuse Policy as well as a copy of Be gm's EAP prog om certification for
State Approval.l'Idspolicycnmplieswithallapplicablestatutese ngulatow.
The policy bas beenrevised accord'mgm the letter received by the Airport depmmrent on
30 September 2005. The revisions ere as follows
• On page 6, Blooper added in a description of the action to be taken based on
second confirmed positive test wanks am year. -
• On the top of page 9, Banger added in the option far employees or have a blood
ten done instead ofaman test. -
Also cm Page 9, Bangor changed the temperances for noage of a sample to
comply with the Depounind of Human Services regdations.
• Bangor also added in schedule D, allowing the employees the option to submit
vrtrtteocommentsm the Departtent of l�bormthu policy. Baugorhadallowed
our employees this option when ourpoficy, was fns[ submitted, however we failed
to include that t aur original policy.
With these revisions, Bangor International Airport is confident this policy will allow us to
maintain a safe and drug flee environmem for our employee as well as the traveling
public. Again, please don't hesitate to contact me with any questions or concerns. Ilack
forward mherring fomyovontbis matter. Thank you for yomtime.
SN ly/
Amy E. Quam
AlcohoVDiag Program Manager
Banger International Airport
acume@FlFlvbumorCom
(207) 9924600
(207) 942-0815, Fax nn/
IQ
06
6
HER aWan9cr.com
r�NGOR pI
mcc
07 October 2005
Ms. Anne Harriman
Wage & Hour Division
Maine Department of Labor
State House Station
Augusta, Maine 04333-0045
Dear Ms. Harriman:
Bnclosed, please fend in duplicate, the revised Bangor International Airport's Non -DOT
Substance Abuse Policy as well as a copy of Be gm's EAP prog om certification for
State Approval.l'Idspolicycnmplieswithallapplicablestatutese ngulatow.
The policy bas beenrevised accord'mgm the letter received by the Airport depmmrent on
30 September 2005. The revisions ere as follows
• On page 6, Blooper added in a description of the action to be taken based on
second confirmed positive test wanks am year. -
• On the top of page 9, Banger added in the option far employees or have a blood
ten done instead ofaman test. -
Also cm Page 9, Bangor changed the temperances for noage of a sample to
comply with the Depounind of Human Services regdations.
• Bangor also added in schedule D, allowing the employees the option to submit
vrtrtteocommentsm the Departtent of l�bormthu policy. Baugorhadallowed
our employees this option when ourpoficy, was fns[ submitted, however we failed
to include that t aur original policy.
With these revisions, Bangor International Airport is confident this policy will allow us to
maintain a safe and drug flee environmem for our employee as well as the traveling
public. Again, please don't hesitate to contact me with any questions or concerns. Ilack
forward mherring fomyovontbis matter. Thank you for yomtime.
SN ly/
Amy E. Quam
AlcohoVDiag Program Manager
Banger International Airport
acume@FlFlvbumorCom
(207) 9924600
(207) 942-0815, Fax nn/
IQ
Og 674
Airport Drug and Alcohol Policy Meeting Minute
Date: 25 May 2005
Start Time: 1000 hauls Stop Time: 1035 horns
Attendees: Anthony Camso(BIA), Harry ft Consists (Union Rep.), Bob Fanm(City of
Bangor), Ovation Conteh (BLkk William Mucha (BIA), Kelley AbdelQader (Adiliated
Healthcare), "Timothy Hoover (BIA), Barren A. Brown (BIA), Amy E. Quenu (BIA),
_Ricky Howard (BIA), Kevin P. Kip"IA), John Doucette ( BU)
Meeting Leader. Anthony Cmvso
Topics Discussed:
• Implementafion of policy-firmsldto comply with Maine Some Law as well as
Bangor Interactional Airport's Exxon Mobil contract.
• Reason for Policy -Employers were wmugiy placed in Bangor's FA chug pool;
Airport is now terrifying the sha5on and lad to create a policy for represented
Airport departments.
• Employees will see no change in the way the testing is conducted -
• OverviewofpoBcy;Legal Drugs. Employeemustinformsupervimroflegally
prescribed drug use, especially if®ployee feels drug use will affect their ability
to perform their duties.
• Employee must notify histher supervisor of a conviction for any drug-related
criminal offence witltin 5 days fiom the date the conviction is entered
• Probable cause testing -the three factors that can't be used exclusively to tend
someone for a test. Supervisors must provide written doeumevmtion and two
supervisors must concur.
• Random Testing -people are chosen randomly by computer by the Isar two digits.
of their social security numbers. Some people may be sent more flan once, others
may not be sent d all
• Pre-employment testing -applicant wiR not be hired for a safety seasitive position
if result is confirmed positive.
• Actions to betaken -refusal m take a pre<mploymenfhatedom drug lest -applicant
won't be bur. employee could be discharged
I
06 011
• Actions w be mim while waiting results for a probable rause teecmployeeto be
suspended with full pay and benefits until anegative ten is received.
• Confirmed Positive'£est-fust timetapplicavt(employee) will be given the
Opportunity to undergo rebabuiomion; my positive tests after the first time
wnfumed positive/apphamt (employee) may be discharged
• Self Report Clarified/An employee who selfrepmts a problem and asks for
rehabilitation; will be allowed to get belp and this will not count as a fust time
posifive net.
• Supervisor dmg and alcohol naming was dismssed; reeman naming is
upcoming; anyone interested may attend
• Those m aeelancewom provided with a copy of the ding plan ifrequest4 were
also informed that eacb employee covered would be receiving thaw own polity
upon approval Goan the State, and would be mfonned upon the approval.
• Employees were reminded of the availability of the Airport's Employee
Assistance Progmm.
J t
IN
W
r Y
STATE OF MSli ...
D¢partm¢Nt NrAEnfe, �x map�IYra g q. �y'Ybt nrr;¢eNaiNg
`�C
.erdficale of Approval
EMPLOWE ASSISTANCE PROGRAM -ALCOHOL & DRUG
This is to cerdty that the licensed'enbty named below is hereby granted this License In accords oe w dh Maine law.
'O:l tlh r SIX: 466487 .4#Y
'P YES. 6 ' - $ CAPACITY ISS Am :18 - TO SEX Both
T�
Diretr,D sion or C'iF nenlg+T Lm1 �s ¢Ra{Vjf�?nlol y'eaRlt& limmun Services
STATE RULES REQUIRE THAT THIS LICENSikWftFI9ATE8EVONSPIW SLYo=EU AT THE FACILITY AT ALL TIMES.
THIS DOCUMENT IS NON.TRANSFERRARLE.
00 074
Government Operations Committee
November IS, 2005 at 5A0 pm
Oty Council Chambers
—:TrigCl l�
1. Proposed Council Residue Expressing opposition to Senate Bill 1504, Broadband
Invemment and Consumer Choice Act of 2005 ? b
This proposed Federal legislation Would have a significant detdmental impact on the Citys
cable franchise ordinance and our negotiated franchise agreement with Adelphia (mon to be
Time Warner). The Cable Television Association of Maine, of which the CM is a member,
recommends Nat municipalities oppose this bill. A Council Resolve has been dated
indicating our opposition and a memorandum from Assistant Oty Solidtor Hamer is etbtlred
providing additional background information.
2. Proposed Substance Abuse policy for Certain Applicants and EmPloyees at
Bangor International Airport n
In order W comply with Federal regulations, several Ory Departments currently test
applicants and employees in designated safety sensitive positions for substance abuse.
Regulations covering Federal Aviation Administratior, Federal Department of Transportation
and Federal TransitAdministration related positions have been effective since 1995. Me
result of a contract between the City and i5 n -Mobil Corpomion, an additional group of
positions must also he tested for substance abuse. Posidons m be covered by the new
policy include Ramp personnel, Ground Support Equipment workers and Fuel Farm
personnel. Because existing Federal regulations do not classify them positions as safety
sensitive, the Airport was required to obtain approval by the State Department a Labor,
Bureau of Labor Standards before the Policy could be Implemented. State approval has now
been obtained and City approval is required as well before it becomes effective. Background
material including the State's approval letter and the proposed policy is attached. Airport
representatives will be present at Ne meeting to provide additional information.
3. Election Ballot for Municipal Review Committee (MRC) Board of Directors f. 33
Annually, charter communities of the Municipal Review Committee are emoted to vote for
Directors on me nine -member committee. The MRC represents municipal interests
associated with the operation of Penobscot Energy Recovery Corporation (PERC), the waste
ti -energy facility located in Orrington. Each year, three seats become vacant and turns
expire this year for Directors David Chittim of Rockland, EleN Keene of Winslow and Larry
Folsom of Brownville. Mr. Folsom is not seeking re-election; Mr. ChINm and Mr. Keene are
seeking re-election along with Michael Garrett of Lamoine and Sophia L. Wilson of
Brownville. Candidate biographies are attached as well as a listing of current Board
members. Each community may cast Its ballot for one candidate only and the three
candidates with the highest vote total Will be elected.
r
06 074
Government Operations Committee
November 15, 2005
Minutes
Councilor Attendance: Greene, Hawes, Farrington
Staff Attendance: Barrett, Farrar, Hamer, Douglas, Caruso, Quam
1. Proposed Council Resolve Expressing Opposition to Senate Bill
1504, Broadband Investment and Consumer Choice Act of 2005
This proposed Federal legislation would have a significant detrimental impact on
the City's cable franchise ordinance and our negotiated franchise agreement with
Adelphia. The Cable Television Association of Maine, of which the City is a
member, recommends that municipalities oppose this bill. A Council Resolve
has been drafted indicating the Ci{ys opposition. Al Douglas was in attendance
to answer questions regarding the City's cable system. If the proposed bill is
enacted,. Hamer said it would have a major impact on the city's franchise
ordinance, which regulates the CWS contract with Adelphia, soon to be Time
Warner. Passage of the bill would preempt much of what Is contained in the
city's ordinance. If enacted, bill 1504 would preempt the City's Cable Television
Ordinance, thereby depriving the City of the authority to regulate cable service,
collect a fee for the cable company's use of the public right-of-way, and invalidate
the Franchise Agreement with Adelphiarrime-Warner. Staff prepared and
presented a proposed Resolve, which would object to enactment of Senate Bill
1504. A match was made and seconded to approve the proposed Council
Resolve. It will be forwarded to the November 280 City Council meeting for
action. If approved by Council, copies will be forwarded to the Congressional
Delegation. Farrington thanked the staff for putting it together.
2. Proposed Substance Abuse Policy for Certain Applicants and
Employees at Bangor International Airport
Farrar introduced Amy Quam, the Airport Security Office at BIA. She also put the
proposed policy together for the city's consideration. The City currently engages
in substance abuse testing in compliance with regulations covering Federal'
Aviation Administration, Federal Department of Transportation and Federal
Transil Administration. Policies are in place for approximately 100-110
employees in federally designated safety sensitive positions. If one holds a
commercial driver's license, drives vehicles over a certain weight limit, or
transports the public, under federal regulations the City is required to include
Mesa employees in drug substance abuse testing both as an applicant and
employees are placed into a random pool for periodic testing, subject to probable
06 074
cause testing, return to duly testing. The City has 10 years of experience in this
area.
As a result of a contract between the City and Eaon-Mobil Corporation, an
additional group of positions must also be tested for substance abuse. Positions
to be covered by the new policy include Ramp personnel, Ground Support
Equipmentworkers and Fuel Farm personnel. Because existing Federal
regulations do not classify these positions as safety sensitive, the Airport was
required to obtain approval by the State Department of Labor, Bureau of Labor
Standards before the Policy could be implemented. State approval has now
been obtained and City approval is required as well before it becomes effective.
Two of these groups are non-unionaed; the ramp employees are unionized.
Farrar said that part of the protocol would be that,'rf the committee approves,
formal notification would be undertaken with the union involved.
Caruso said the ramp service division is unionized and recently had the tlmg and
alcohol testing program in place. During a FAA inspection last year, Airport staff
was told they wanted that division removed from the testing program. But the
ExxonMobil contract still requires me testing. Camso provided a brief overview
of the program. Hawes questioned the short amount of time involved for an
employee to be offered rehab and If that would be acceptable to the union. Farrar
said the six-month provision is in state law and does apply to all other employees
subject to testing. The City's experience with that timefmme has been good. He
said an employee testing positive is referred to a substance abuse professional
to determine Rthem is or is not a problem. That professional can actually
release the employee back to work. On the other hand, continued counseling
may be required. Farrington praised Quam for her work in creating the policy. If
a federal or nate regulation is in place, he asked why there had to be union
negotiation. Farrar said in the pan this had not been the case but this instance is
different due to the EomnMobil contract which is requiring this policy to be put in
place for those employees dealing with ErnonMobil duties. Theseemployees
are not in Federally designated safety sensitive positions. Barrett said that this
action protects ExxonMobil against a suit. Responding to Farrington, Farrar said
V the union was to refuse to participate, a would move to the dispute resolution
process that would include mediation, factrinding and arbitration. No problems
am anticipated by city staff. Hawes made a motion that the plan be forwarded to
the full Council for action. The motion was seconded by Farrington. Farrar said
It would probably be at a December Council meeting.
& Election Ballot for Municipal Review Committee (MRC) Board of
Directors
Annually, charter communitles of the Municipal Review Committee are entitled to
vote for Directors on the nine -member committee. The MRC represents
municipal interests associated with the operation of Penobscot Energy Recovery
Corporation(PERC), the waste -to -energy facility located in Orrington. Each
RM
year, three seats become vacant and terms expire this year for Directors David
Chittim of Rockland, Etery Keene of Winslow and Larry Folsom of Brownville.
Three seats on the nine -member Board of Directors for the MRC become vacant
each year, and participating MRC charter communities nominate and elect
successor directors. Each charter community is entitled to vote for one
candidate. The MRC provides oversight and represents municipal interests
regarding the Penobscot Energy Recovery Companys waste W energy facility In
Ovington. Bangor s Assistant City Manager, Bob Ferrer, currently serves as a
Board member and holds the position of Treasurer. Bangor was contacted on
behalf of candidate Sophia Wilson of Brownville. A motion was made and
seconded to cast the Citys ballot in support of Ms. Wilson. The request to
support her was partially made an the basis Mat there are currently no MRC
Directors from Piscataquis County and, if her candidacy is successful, her
election would provide representation from that area. This Item will be forwarded
to the City Council for final action.