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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 06 074 '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 Pee �d I[Y CL p 06-0]6 0HD E8 IIRLE,) AdPtive a Subatan a Abvee PoI3cy f Cei t mgvi xva ivI dicpoxt engaged in Safety Sensitive Noxk f"oi Af[ignWW Comalor /Zk- 06 074 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 oc 04 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 06 074 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 06 074 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 (/ 06- 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. I� 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. 11� 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. ,e- 06 07+4 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 oc 074_ 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. 1� SLC C74 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. ' 00 074 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 �� OR 074 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 Name Com a��//� Tide k(a A,7-. ss Alk n ' 2 i oiS o Hw,� Sa.:2 tur$ I -n e J N'1 4ti 4 /'/I /D Y 4 �J✓ _ e aj uRL C dt-llDo-d I- ,'U a- -F f )',-c'M; Ixc.•Se�v� ✓�- Sau+ Cab �f�p r- eL ,ec f �u e ai - L s a✓scc.- (i2 - a urre 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 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.