HomeMy WebLinkAboutR-2010-155 Substance Abuse Policy, Part II, RevisionA RESOLUTION
RESOLUTION NO R-2010-155
adopting a revision to Part II of the City of Yakima Substance Abuse Policy in
accordance with the U S Department of Transportation's regulations under the
Department of Transportation (49 CFR Part 40), Federal Motor Carrier Safety
Administration (49 CFR Part 382), and the Federal Transit Administration (49
CFR Part 655)
WHEREAS, the City of Yakima recognizes that employees are its most important resource and
that their well-being is vital, and,
WHEREAS, substance abuse has become a major barrier to a healthy, safe, and efficient work
environment and that it shows up in higher accident rates, higher workers compensation costs, greater
absenteeism, and increased health insurance costs, and,
WHEREAS, on November 18, 1988, the Drug -Free Workplace Act of 1988 (Pub L. 100-690,
Title V, Subtitle D) was enacted and made applicable as of March 18, 1989, to the City of Yakima as a
federal contractor; and,
WHEREAS, the Omnibus Transportation Employee Testing Act of 1991 requires drug and
alcohol testing of safety -sensitive transportation employees in aviation, trucking, railroads, mass transit,
pipelines, and other transportation industries, and,
WHEREAS, on February 15, 1994, the United States Department of Transportation (DOT),
acting through the Federal Highway Administration (FHWA) and the Federal Transit Administration
(FTA), promulgated new controlled substance and alcohol testing regulations requiring the City of
Yakima to make, by January 1, 1996, for certain employment positions subject to pre-employment
controlled substance testing, and post -accident, return -to -duty and follow-up controlled substance and
alcohol testing, and,
WHEREAS, on August 9, 2001, and, June 25, 2008, the DOT made technical amendments to
49 CFR Part 40 expanding the definition of what constitutes a refusal to test; and,
WHEREAS, on July 24, 2009, the DOT made a technical amendment to 49 CFR Part 40
requiring direct observation for return -to -duty and follow-up testing, and,
WHEREAS, the City of Yakima desires to provide a healthy, safe, and efficient workplace for its
employees and to comply with federal requirements, and,
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to replace
its current Substance Abuse Policy - Part II with the attached and incorporated Substance Abuse Policy
- Part II, now therefore,
11
BE IT RESOLVE BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City of Yakima hereby adopts the attached and incorporated Substance Abuse Policy - Part
ADOPTED BY THE CITY COUNCIL this 14th day December, 2010
Micah Cawley, Mayor
ATTEST
Substance Abuse Policy Part.II
(Drug and Alcohol)
A. Applicability
This policy applies to every City employee whose position requires the possession of a
commercial driver's license (CDL); every City employee performing a "safety -sensitive
function" as defined herein, and any person applying for such positions. Drug and
Alcohol tests shall be administered in accordance with 49 CFR Part 40 (DOT), Part 382
(FMCSA) and Part 655 (FTA). A list of these covered positions is provided on Appendix
A. This list may be revised and supplemental as. necessary.
B. Definitions
For purposes of this policy, and unless indicated otherwise in the language of Policy Part
II, the following terms shall be defined as follows:
1. Accident. Accident means an occurrence associated with the operation of a vehicle
if, as a result:
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives medical treatment
away from the accident scene;
c. A vehicle sustains disabling damage and is transported away from the accident
scene by a tow truck or other vehicle; or,
d. A revenue service vehicle is removed from revenue service.
2. Alcohol. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol,
and/or other low molecular weight alcohol including methyl and isopropyl alcohol.
3. Alcohol Concentration/Content. Alcohol concentration/content means the alcohol in
a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as
indicated by an evidential breath test.
4. Alcohol Test. An alcohol test is a test conducted by a Breath Alcohol Technician, or
any other person trained in the Department of Transportation Rules, using an
Evidential Breath Testing Device (EBT) to measure the amount of alcohol
concentration in a volume of breath.
5. Alcohol Use. Alcohol use means the concentration of any beverage, mixture, or
preparation, including any medication, containing alcohol.
6. Breath Alcohol Technician. A Breath Alcohol Technician (BAT) is an individual who
instructs and assists individuals in the alcohol testing process and operates EBT
devices.
7. Commercial Motor Vehicle. A commercial motor vehicle means a motor vehicle or a
combination of motor vehicles used in commerce to transport passengers and/or
property.
8. Confirmation Test.
Employee Handbook
Substance Abuse Policy
1 - 11/2/2010
a. For alcohol testing, a confirmation test means a second test, following a
screening test with a result of 0.02 BAC or greater, that provides quantitative
data of alcohol concentration.
b. For controlled substances testing, a confirmation test means a second analytical
procedure to identify the presence of a specific controlled substance or controlled
substance metabolite which is independent of the screen test and which uses a
different technique and chemical principle from that of the screen test in order to
ensure reliability and accuracy:
9. Controlled Substance. Controlled substance includes cocaine, marijuana, opiates,
amphetamines, phencyclidine, and any other substance determined by the DOT or
its agencies to be a controlled substance.
10. Controlled Substance Test. A method for determining the presence of controlled
substances in a urine sample using a scientifically reliable method performed in
accordance with procedures specified in 49 CFR Part 40, as amended.
11. Failing a Controlled Substance or Alcohol. Test. Failing a controlled substance or
alcohol test means that the controlled substance or alcohol test showed positive
evidence of the presence of a controlled substance or alcohol in an employee's
system that is at or above a determined threshold level in 49 CFR 40.87; 40.247
Alcohol. This determination shall be made by the City MRO under the same
standards as passing a substance test. Failing a substance test when requested to
as "testing positive." Employees who refuse to take a substance test when requested
to do so shall be considered to have failed the substance test.
12. Evidential Breath Test Device. An Evidential Breath Testing Device (EBT) is a device
approved by the National Highway Traffic Safety Administration (NHTSA) and placed
on the NHTSA's Conforming Products List (CPL) and is used for the testing of breath
for the presence of alcohol.
13. Medical Review Officer. A Medical Review Officer (MRO) is a licensed physician
(medical doctor or doctor of osteopathy) responsible for receiving laboratory results
generated by the City's drug testing program who has knowledge of substance
abuse disorders and has appropriate medical training to interpret and evaluate an
individual's confirmed positive test result together with his or her medical history and
any other relevant biomedical information.
14. Passing a Controlled Substance Test. An individual passes a controlled substance
test when a MRO determines, in accordance with the DOT requirement, 49 CFR Part
40, that the results of the test
a. Showed no evidence of a controlled substance or controlled substance
metabolite.
b. Showed evidence of a controlled substance or controlled substance metabolite
for which there is a legitimate medical explanation; or,
c. Showed evidence of a controlled substance or controlled substance metabolite
below a determined threshold level.
Passing a controlled substance test shall be referred to as "testing negative."
15. Passing an Alcohol Test. Passing an alcohol test means that the alcohol test results
shows an alcohol concentration of Tess than 0.02. Passing an alcohol test shall be
referred to as "testing negative."
Employee Handbook
Substance Abuse Policy
2 - 11/2/2010
•
•
•
•
16. Refusal to Submit. An employee "refuses to submit" to an alcohol . or controlled
substances test when the employee:
a. Fails to appear for any test within a reasonable time, as determined by the
employer and consistent with DOT regulations, after being directed to do so by
the employer, except a pre-employment test. This includes thefailure of an
employee to appear for a test when called by a consortium orthird party
administrator.
b. Fails to remain at the testing site until the testing process is complete, except an
employee who appears for a pre-employment test and leaves before the testing
process commences.
c. Fails to provide a urine specimen for any drug test or an adequate amount of
saliva or breath for any alcohol test required by DOT regulations except an
employee who appears for a pre-employment test and leaves before the testing
process commences.
d. In the case of a directly observed or monitored specimen collection, fails to
permit the observation or monitoring.
e. Fails to provide a sufficient amount of urine or breath when directed and it has
been determined through a required medical evaluation that there was no
adequate medical explanation for the failure.
f. Fails or declines to take an additional drug test the employer or collector has
directed the employee to take (for example see 49 CFR § 40.197(b) regarding
dilute samples).
Fails to undergo a, medical examination as directed by the MRO as part of the
verification process.
g.
h. Fail to undergo a medical examination or evaluation, as directed by the employer
as part of the insufficient breath procedures outlined at 49 CFR § 40.265(c).
i. Fail to sign the certification at Step 2 of the Alcohol Testing Form.
J.
Fails to cooperate with any part- of the testing process (i.e. refuses to empty
pockets when so directed by the collector, behaves in a confrontational way that
disrupts the collection process.)
k. For an observed collection, fail to follow the observer's instructions to raise your
clothing above the waist, lower clothing and underpants, and to turn around to
permit the observer to determine if you have any type of prosthetic or other
device that could be used to interfere with the collection process.
1. Possess or wear a prosthetic or other device that could be used to interfere with
the collection process.
m. Admit to the collector or Medical Review Officer that you adulterated or
substituted the specimen.
17. Revenue Service Vehicle. A vehicle used to transport fare -paying passengers,
including a bus or trolley bus.
18. Safety -Sensitive Position. A position that requires the performance of one of the
following safety -sensitive functions:
Employee Handbook
Substance Abuse Policy
3 - 11/2/2010
a. Operating a revenue service vehicle, including when the vehicle is not in revenue
service;
b. Operating a non -revenue service vehicle, when required to be operated by a
holder of a CDL;
c. Controlling dispatch or movement of a revenue service vehicle;
d. Maintaining a revenue service vehicle or equipment used in revenue service,
unless the recipient receives Section 18 funding and contracts out such services.
Maintaining a revenue service vehicle includes any act which repairs, provides
upkeep to a vehicle, or any other process which keeps the vehicle operational. It
does not include cleaning the interior or exterior of the revenue service vehicle or
transit facility.
19. Screening Test.
a. For alcohol testing, a screening test is an analytical procedure using an EBT to
detect if an employee has a prohibited concentration of alcohol in his/her system.
b. For controlled substances testing, a screening test means an immunoassay
screen (or other Department of Health and Human Service (DHSS) -approved
test) utilized to eliminate "negative" urine specimens from further consideration.
20. Substance Abuse Professional. A substance abuse professional (SAP) is licensed
physician (medical doctor or doctor of osteopathy), or a licensed or certified
psychologist, social worker, employee assistance professional or addiction counselor
(certified by the National Association of Alcoholism and Drug Abuse Counselors
Certification Commission) with knowledge of and clinical experience in the diagnosis
and treatment of alcohol- and controlled substances -related disorders.
C. Prohibited Alcohol -Related Activities
1. No employee shall report for .duty or remainon duty requiring the performance of
safety -sensitive functions while having an alcohol concentration of 0.02 or greater.
:2. No employee shall be permitted to work following an alcohol test result indicating a
concentration of 0.02 BAC or greater but Tess than 0.04 BAC until the employee's
alcohol concentration measures less than 0.02 or the start of the employee's next
regularly scheduled shift (but not less than eight (8) hours following the
administration of the test).
:3. No employee shall consume or possess alcohol during work.
4. No employee shall perform safety -sensitive functions within four (4) hours after
consuming alcohol.
5. No employee required to take a post -accident test hereunder shall consume alcohol
for eight (8) hours following an accident or until he/she undergoes a post accident
alcohol test, whichever occurs first.
6. No employee shall refuse to submit to a post -accident, random, reasonable
suspicion, retum-to-duty, or follow-up alcohol testing.
7. A supervisor having actual knowledge of on -duty alcohol use or pre -duty use within
the four (4) hours : prohibited time period by an employee cannot permit that
employee to continue/perform safety -sensitive functions.
Employee Handbook
Substance Abuse Policy
4 - 11/2/2010
8. No employee who is "on-call" shall use alcohol during the specified on-call hours.
The supervisor shall provide the employee an opportunity to acknowledge the use of
alcohol at the time he/she is called to report for duty and the inability to drive and/or
perform safety -sensitive functions. The employee will be required to take an alcohol
test if he/she acknowledges the use of alcohol at the time he/she reports for duty, but
claims the ability to drive and/or perform his/her safety -sensitive functions.
D. Prohibited Controlled Substance -Activities
1. Pursuant to City authority, no employee shall report for duty or remain on duty while
under the influence of any controlled substance that may impair the employee's
performance and/or creates a health or safety risk.
2. No employee shall report for duty, remain on duty, and/or perform a safety -sensitive
function if the employee tests positive for controlled substances.
3. No employee shall refuse to submit to controlled substances testing.
4. No employee shall illegally manufacture, distribute, dispense, possess, or use any
controlled substance in the workplace or while on duty as prohibited by the Drug
Free Workplace Act of 1988.
E. Pre-employment Testing.
All prospective employees who have been given a conditional offer of employment with
the City for a position covered herein and current employees transferring from a non -
CDL or non -safety sensitive position to a position covered herein must undergo and
pass a controlled substances drug and alcohol test. Receipt of satisfactory test results is
required prior to employment in or transfer to an employment position covered herein.
Pursuant to City policy, prospective or transferring employees who refuse to take the
controlled substances, drug and alcohol, test or who test positive for one or more of the
controlled substances shall be considered ineligible for City employment positions
covered herein for six months. In accordance with 49 CFR 655.41(a)(2), when a
covered employee or applicant has previously failed or refused a pre-employment drug
test administered under this part, the employee must provide the employer proof of
having successfully completed a referral, evaluation and treatment plan as described in
Section 655.62.
Pre-employment controlled substances testing is limited to the controlled substances
definition contained in this Policy Part II and DOT Five Panel test. The City of Yakima
may require an additional separate sample to test for other controlled substances. This
testing is under the City's authority using non -DOT testing forms.
F. Random Testing.
Employees covered hereunder are subject to random alcohol and controlled substances
testing in accordance with the following:
1. At least 25% of the average number of covered employees shall undergo random
alcohol testing in, each calendar year, or a sufficient number of employees equal to
an annual rate not less than the minimum annual percentage determined by the
DOT, FHWA, or FTA.
2. At least 50% of the average number of employees shall undergo random controlled
substances testing in each calendar year, or a sufficient number of employees equal
Employee Handbook
Substance Abuse Policy
5 - 11/2/2010
to an annual rate not Tess than the minimum percentage determined by the DOT,
FHWA, or FTA.
3. An employee shall be subject to random alcohol testing while the employee is
performing safety -sensitive functions, just before the employee is performing safety -
sensitive functions, or just after the employee has ceased performing safety -sensitive
functions.
4. An employee shall be subject to random controlled substance testing anytime while
on duty.
5. When a covered employee or applicant has not performed a safety -sensitive function
for 90 consecutive calendar days regardless of reason and the employee has not
been in the employer's random selection pool during that time, the employer shall
ensure that the employee takes a pre-employment drug test with a verified negative
result (49 CFR 655.41(d)) prior to returning to safety -sensitive duties.
6. The selection of employees for random alcohol and controlled substances testing
shall be made by a scientifically valid method, such as a random number table or a
computer-based random number generator that is matched with employees' Social
Security numbers, payroll identification numbers, or other comparable identifying
numbers.
Under the selection process used, each covered employee shall have an equal
chance of being tested each time selections are made.
7. Random alcohol and controlled substances testing shall be unannounced and the
times and dates for administering such random tests shall be spread reasonably
throughout the calendar year.
8. Employees who are notified of selection for random alcohol or controlled substances
testing shall proceed to the test site immediately; provided, however, that if the
employee is performing a safety -sensitive function at the time of notification, the
employee shall cease to perform the safety -sensitive function and proceed to the test
site as soon as possible.
G. Reasonable Suspicion Testing
Employees covered hereunder are subject to reasonable suspicion alcohol and
controlled substances testing in accordance with the following:
1. An employee shall submit to alcohol and/or controlled substance test whenever a
supervisor or manager has reasonable suspicion to believe that the employee is
under the influence or impaired by alcohol and/or a controlled substance. The
employee shall be removed from duty immediately in order to undergo said testing.
2. A supervisor's or manager's determination that reasonable suspicion exists for
alcohol and/or controlled substances, drug and alcohol use must be based on
specific, contemporaneous, articulable observations concerning the appearance,
behavior, speech, and/or body odors of the suspected employee. The required
observations must be made by a supervisor or manager who is trained in detecting
the symptoms of alcohol misuse and the signs and symptoms of drug use. The
supervisor shall make a signed written record of his/her observations within 24 hours
of the observed behavior or before the test results are released, whichever is earlier.
Employee Handbook
Substance Abuse Policy
6 - 11/2/2010
•
3. An employee is only subject to reasonable suspicion drug testing if the required
observations are made while the employee is on duty.
4. An employee shall only be subject to reasonable suspicion alcohol testing while the
employee is performing safety -sensitive functions, just preceding the employee is to
perform safety -sensitive functions, or just after the employee has ceased performing
such functions.
5. An employee shall be subject to reasonable suspicion controlled substance testing
any time while on duty.
6. No employee shall be subject to reasonable suspicion alcohol testing later than eight
(8) hours following the determination that reasonable suspicion exists to require the
employee to undergo such test.
7: Reasonable suspicion controlled substances testing is limited to the . controlled
substances definition contained in the Policy Part II and DOT Five Panel test.
8. The supervisor or manager who makes the determination that reasonable suspicion
exists to conduct an alcohol test shall not conduct the test of the employee.
9. The direct supervisor of an employee shall not serve as the collection site person for
a reasonable suspicion controlled substances test of an employee.
H. Post -Accident Testing
FMCSA Procedures: The following FMCSA-covered employees shall be subject to
post -accident alcohol and controlled substances testing under the following
circumstances.
Type of Accident Involved
Citation issued to
Commercial Motor
Vehicle Driver?
Alcohol and controlled
.substance test
required.
i. Human Fatality
Yes
Yes
No
Yes
ii. Bodily injury + immediate medical
treatment away from the scene
Yes
Yes
No
No
iii. Disabling damage to any motor
vehicle required towing away
Yes .
Yes
No
No
1. If a post -accident alcohol test is not administered within two (2) hours following an
accident, the supervisor of the employee .shall prepare and maintain on file a record
stating the reasons the test was not properly administered. If a test is not
administered within eight (8) hours after the accident, the supervisor shall cease
attempts to have the alcohol test administered and prepare and maintain on file a
record stating the reasons the test was not done within said eight (8) hours.
2. If a post -accident controlled substances test is not administered within 32 hours of
the accident, the supervisor shall cease attempts to have the controlled substances
test administered and prepare and maintain on file a record stating the reasons the
test was not done within 32 hours.
3. An employee subject to post -accident testing shall remain readily available for such
testing, including notifying his/her supervisor of his/her location if he/she leaves the
accident scene. An employee who fails to do so shall be deemed to have refused to
submit to testing. Nothing herein shall be construed to require the delay of
Employee Handbook
Substance Abuse Policy
7 - 11/2/2010
necessary medical attention for the injured or to prohibit an employee from leaving
the accident scene from the time period required to obtain emergency assistance.
FTA Procedures: the following FTA -covered employees shall be subject to post-
accident alcohol and controlled substance testing under the following circumstances:
1. Fatal Accidents. As soon as practicable following an accident involving the Toss of
human life, and regardless of fault, each surviving employee performing safety -
sensitive functions in the subject vehicle at the time of the accident, and any other
covered employee whose performance could have contributed to the accident, shall
be tested for alcohol and controlled substances.
2. Non -Fatal Accidents. As soon as practicable following an accident not involving the
Toss of human life, each employee performing safety -sensitive functions in the
subject vehicle at the time of the accident shall be tested for alcohol and controlled
substances unless the City determines that the employee's performance can be
completely discounted as a contributing factor to the accident. Any other employee
whose performance could have contributed to the accident shall be also tested for
alcohol and controlled substances. Such tests shall be subject to FTA rules
requirement covered by 49 CFR Part 655 defining accident as: an occurrence
associated with the operation of a vehicle if as a result (1) an individual suffers bodily
injury and immediately receives medical treatment away from the scene of the
accident; or (2) one or more vehicles sustain disabling damage as the result of the
accident and are transported away from the scene by tow truck or other vehicle.
3. If a post -accident alcohol test is not administered within two (2) hours following an
accident, the supervisor of the employee shall prepare and maintain on file a record
stating the reasons the test was not properly administered. If a test is not
administered within eight (8) hours after the accident, the supervisor shall cease
attempts to have the alcohol test administered and prepare and maintain on file a
record stating the reasons the test was not done within said eight (8) hours.
If a post -accident controlled substance test is not administered within 32 hours of the
accident, the supervisor shall cease attempts to have the controlled substances test
administered and prepare and maintain on file a record stating the reasons the test
was not done within said 32 hours.
5. An employee subject to post -accident testing shall remain readily available for such
testing, including notifying his/her supervisor of his/her location if he/she leaves the
accident scene. An employee who fails to do so shall be deemed to have refused to
submit to testing. Nothing herein shall be construed to require the delay of
necessary medical attention for the injured or to prohibit an employee from leaving
the accident scene for the time period required to obtain emergency assistance.
1. Return -to -Duty Testing
An employee who has engaged in and/or violated the alcohol and/or controlled
substances prohibitions shall not be allowed to return to duty requiring performance of a
safety -sensitive function until that employee has complied with the following:
1. The employee must test negative for an alcohol and/or controlled substance return -
to -duty test under direct observation;
4.
Employee Handbook
Substance Abuse Policy
8 - 11/2/2010
•
2. The employee has been evaluated by a SAP who shall determine what assistance
the employee needs in resolving problems associated with alcohol misuse and/or
controlled substance use;
3. The employee has complied and remains in compliance with any and all SAP
prescribed/recommended rehabilitation and/or treatment programs;
4. The employee may request paid or unpaid administrative leave or use any available
accumulated leave in order to participate in a SAP evaluation and to comply with
prescribed/recommended rehabilitation and/or treatment programs, subject to city
policies regarding the use of leave.
J. Follow -Up Testing
Upon completion of a SAP prescribed/recommended rehabilitation and/or treatment
program and successful return to work, an employee will be subject to follow-up testing
under direct observation. An employee shall be subject to alcohol follow-up testing only
when the employee is performing safety -sensitive functions, or just after the employee
has ceased performing safety -sensitive functions. An employee shall be subject to
controlled substance follow-up testing any time while on duty. The SAP shall determine
the frequency and duration of the follow-up testing, but such shall consist of at least six
(6) unannounced tests in the first twelve (12) months following the employee's return to
duty. After that period of time, the SAP may recommend additional follow-up testing or
termination of follow-up testing. Follow-up testing shall not go beyond sixty (60) months
after the employee returns to duty.
K. Dilute Samples
Under the City of Yakima policy and authority, any employee providing a urine specimen
that is determined to be dilute will be required to provide another urine specimen as
soon as the City of Yakima receives notice of the test results. Such recollections must
not be collected under direct observation, unless there is another basis for use of direct
observation (i.e. 49 CFR § 40.197(b)). The re -testing policy shall pertain to pre-
employment/pre-transfer, random, reasonable suspicion, post accident and return to
duty testing, Under City of Yakima authority, a second dilute sample in pre-employment
testing can result in denial of employment.
L. Rehabilitation and Counseling
The City offers employees the use of counseling and rehabilitative services pursuant to
coverage limitations and in accordance with the terms of its benefit programs.
Employees are personally responsible for seeking treatment for alcohol and/or controlled
substance dependence. Any voluntary request by an employee for assistance with
his/her ownalcohol and/or controlled substance dependency will remain as confidential
as possible and shall not be used, in itself, as a basis for disciplinary action as long as
the voluntary request isn't in order to avoid a test required hereunder and it is prior to the
employee performing a safety -sensitive function.
Paid leave shall be granted for appointments with the Employee Assistance Program
(EAP) with prior approval of the employee's supervisor, for up to three (3) visits per year.
The costs of the visits with the EAP shall be borne by the City. The EAP counselor may
contact the department head for authorization for additional time off. The employee may
use any available accumulated leave in accordance with City leave policies in order to
participate in extended counseling and/or rehabilitation. If the employee requests that
Employee Handbook
Substance Abuse Policy
9 - 11/2/2010
the purpose of the leave not be disclosed to his/her immediate supervisor, the
department head shall maintain confidentiality regarding the reason for the leave. The
employee is not permitted to perform safety -sensitive functions until after the employee
has been evaluated and has successfully completed the substance abuse or alcohol
program to the City's satisfaction and the requirements of 49 CFR Part 40, Subpart O.
Upon successful completion of a drug or alcohol program, the employee is permitted to
return to their safety -sensitive duties upon the completion of a verified negative drug test
or an alcohol test with a concentration below 0.02. Follow-up testing will be determined
by the SAP as required under 49 CFR § 40.307.
M. Prescription Drug Use
The appropriate use of legally prescribed drugs and non-prescription medication is not
prohibited. It is, however, the employee's responsibility to inform the physician of the
employee's job duties and determine from the physician, or other healthcare
professional, whether or not the prescribed drug may impair their job performance or
mental or motor function. It is the responsibility of the employees to remove themselves
from service if they are unfit for duty.
Pursuant to City authority, employees are required to report the use of medically
authorized drugs or other substances that may create a direct threat by impairing job
performance of safety -sensitive functions to his/her supervisor and provide proper
medical authorization to work from a physician.
Pursuant to City authority, failure to report the use of such drugs or failure to provide
proper evidence of medical authorization may result in disciplinary action.
N. Additional Employee Rights and Responsibility
1. An employee or applicant who wishes to challenge a positive controlled test must do
so within 72 hours of notification of the positive results. The employee or applicant
must notify the MRO that he/she wishes to challenge the test result. The test of the
second specimen must be processed at a different DHHS-certified lab than the lab
that tested the primary specimen. The employee will be solely responsible for the
costs necessary for the re -test. The City will guarantee that the cost for the split
specimen test is covered in order for a timely analysis of the split specimen to occur;
however, the employee is required to pay for the split specimen test.
2. An employee required hereunder to undergo random, reasonable suspicion, or post-
accident alcohol and/or controlled substance testing shall be put on paid
administrative leave for the time period necessary for conducting said testing. If the
results of said testing are positive, the employee may request additional paid or
unpaid administrative leave, or use any available accumulated leave in order to
participate in a SAP evaluation and tocomply with any corresponding SAP
prescribed/recommended rehabilitation and/or treatment programs, subject to City
leave policies.
3. Any voluntary request by an employee for assistance with his/her own substance
abuse problem will remain as confidential as possible and shall not be used, in itself,
as a basis for disciplinary action.
4. In accordance with the Drug Free Workplace Act of 1988, an employee who is
convicted of any criminal drug statute for a violation occurring in the workplace shall
notify the City Personnel Office no later than five days after such conviction.
Employee Handbook
Substance Abuse Policy
10 - 11/2/2010
•
•
•
5. Each employee who observes or has knowledge of another employee in a condition
that impairs the other employee's ability to perform job duties or poses a health or
safety risk shall promptly report the matter to an immediate supervisor. To the
degree possible, the reporting employee's identity will be kept confidential.
6. The City reserves the right to search, without employee consent, all City owned
property, and any property or area jointly or fully controlled by the City when
reasonable suspicion exists to believe the search will reveal evidence of a violation
of Policy Part II.
O. Discipline for Positive Test, Refusal to Take Test, Refusal to Comply with Testing
Procedures, or Refusal to Comply with SAP
1. A positive controlled substance test and/or an alcohol test indicating an alcohol
concentration of 0.02 or more shall be considered just cause for disciplinary action in
accordance with Civil Service Rules & Regulations.
2. Refusal to submitto a required alcohol and/or controlled substances test shall be
considered just cause for disciplinary action in accordance with the applicable Labor
Agreement and Civil Service Rules & Regulations.
3. Any attempt by an employee to tamper with a urine sample or otherwise obstruct the
testing process shall be considered just cause for disciplinary action in accordance
with the applicable Labor Agreement and Civil Service Rules & Regulations.
4. The refusal of an employee to participate in a SAP evaluation and/or comply with any
corresponding SAP recommended/prescribed rehabilitation and/or treatment
programs shall be considered just cause for disciplinary action in accordance with
the applicable Labor Agreement and Civil Service Rules & Regulations.
P. Collection and Testing Procedures
All alcohol and controlled substance testing shall comply with DOT's Procedure for
Transportation Workplace Drug and Alcohol Testing Programs, 49 CFR Part 40, as
amended. These procedures are designed to ensure the accuracy and integrity of the
test results and include screening tests, confirmation tests, chain of custody safeguards,
and appropriate privacy and confidentiality protections. A copy of these procedures may
be obtained from the City of Yakima Human Resources Manager and is also available
online at http://www.dot.gov/ost/dapc/index.html.
Controlled substance testing will be performed by urinalysis at a test laboratory certified
by the U.S. Department of Health and Human Services (DHHS). The test involves an
initial screening performed by the enzyme multiplied immunoassay test (EMIT). Any
positive test is then confirmed by a second test of the same sample by Gas
Chromatography/Mass Spectrometry (GS/MS). The City's designed MRO shall receive
and interpret test results and report them to the City.
Prior to reporting a positive test result, the MRO shall give the employee an opportunity
to discuss the test result. If the employee speaks with the MRO and fails to present
information affecting the test result, or if the employee refuses to meet with the MRO, the
MRO will verify a positive test result and will inform the City Human Resources Manager
on a confidential basis that the employee tested positive. The MRO will also inform the
employee at the time the test result is verified that he or she may request a "split
specimen testing" at their own expense within 72 hours. Testing will not be delayed
Employee Handbook
Substance Abuse Policy
11 - 11/2/2010
because an employee cannot pay for it. Upon request, the employee shall be given a
copy of the positive test results.
Alcohol testing will be performed by a trained breath alcohol technician (BAT) utilizing an
evidential breath -testing device (EBT). Testing will take place at a site designated by the
City. The BAT will inform the employee of the EBT results at the time of testing. If the
screening test shows an alcohol concentration of 0.02 or greater, a breath confirmation
test will be conducted after fifteen (15) minutes of the screening test and before thirty
(30) minutes. If the confirmation test shows an alcohol concentration of 0.02 or greater,
the BAT will show the employee the printed test results and shall notify the City Human
Resources Manager of the test results.
In extremely limited circumstances, such as where it is not possible to test by urinalysis,
the City of Yakima, under its authority, may authorize blood tests to test for the presence
of controlled substances or alcohol, under strict procedural requirements of the MRO. If
the blood test is utilized, the employee will normally be notified of the results by the
MRO. An employee, at his or her own expense, may make a written request for re -test
of a test sample within 72 hours of receiving the test results.
Q. Retention of Records and Confidentiality
Pursuant to the DOT rules and regulations, the City is required to maintain a number of
records regarding alcohol and controlled substances testing. The type of documents
that must be retained is lengthy and is listed in the DOT rules and regulations.
1. Retention Period of Records.
a The following records shall be maintained for a minimum of five years:
1). Alcohol test results indicating an alcohol concentration of 0.02 or greater;
2). Verified positive controlled substances tests;
3). Documentation of refusals to take required alcohol and/or controlled
substance tests;
4). EBT calibration documentation; and,
5). Documentation of employee evaluations and referrals by SAPs.
b. Records related to alcohol and controlled substances collection process and
training shall be maintained for a minimum of two years.
c. Records of negative and canceled controlled substances tests and alcohol tests
indicating an alcohol concentration of less than 0.02 shall be maintained for a
minimum of one year.
2. Confidentiality.
a. All records required to be retained under DOT rules and regulations shall be
maintained in a secure location with controlled access.
b. Only City management representatives with a "need -to -know" responsibility will
be made aware of substance abuse situations or test results.
c. Except as required by law or expressly authorized, the City shall not release
information that is contained in records required to be maintained under the DOT
rules and regulations. (49 CFR 40.331, 49 CFR 382.405, and 49 CFR 655.73)
Employee Handbook
Substance Abuse Policy
12 - 11/2/2010
d. Upon written request, an employee may obtain copies of any records pertaining
to the employee's use of controlled substances and/or alcohol.
e. All results of alcohol and/or controlled substances testing conducted pursuant to
the DOT rules and regulations shall be made available, upon request, to
appropriate government officials having regulatory authority over the City and its
employees.
f. The City shall provide copies of records retained hereunder to potential
employers when current or former City employees have signed and provided the
appropriate authorization form to the City.
R. Education
1. Employees will receive an initial introductory 4 -hour session regarding substance
abuse in the workplace. Thereafter, employees will receive at least 2 hours of
annual training on the effects and consequences of controlled substances in regard
to training on the effects and consequences of controlled substances in regard to
personal health, safety, and the work environment, and on the signs and symptoms
that indicate controlled substance use.
2. Supervisors who may, make reasonable suspicion determination will receive an
additional 1 hour of training on alcohol misuse annually and another 1 hour on
substance abuse annually. The training will cover the physical, behavioral, and
performance indicators of probable alcohol misuse and controlled substance use.
S. Administration
The City Division of Human Resources is responsible for taking the necessary steps to
ensure that employees, supervisors, managers, contractors, suppliers, and others who
may be performing work or providing services on City property, or on behalf of the City,
comply with this Policy Part IL
T. Savings Clause
It is understood that all provisions of this Policy Part II are subject to applicable federal,
state, and local laws, and if any provision of any section of this Policy Part 11 is held or
found to be in conflict therewith, said provision shall be void. However, such invalidity
shall not affect the remaining sections of this Policy Part Il.
Employee Handbook
Substance Abuse Policy
13 - 11/2/2010
CITY OF YAKIMA SUBSTANCE ABUSE REPORT FORM
Reasonable Cause/Suspicion
Employee Name: Date/Time of Incident:
Supervisor #1 Name:
Supervisor #2 Name:
The following information should be provided when there has been an incident or contributing
even that provides reasonable cause or suspicion that an employee is under the influence of
drugs or alcohol. The City's determination that reasonable suspicion exists shall be based on
specific, contemporaneous, articulable observations concerning the appearance, behavior,
speech, or body odors of the employee. A supervisor trained in detecting the signs and
symptoms of drug use and alcohol misuse must make the required observations. The
supervisor(s) should document all pertinent facts and circumstances that would lead a
reasonable person to believe that there has been a misuse of alcohol or drugs by the employee.
Record each item on this form by checking the appropriate box and make additional notes or
comments in the spaces provided.
A. CONTRIBUTING EVENT/CAUSE FOR SUSPICION
• Reported for work while under the influence of alcohol or drugs or any other substance
that impaired the employee's mental or physical capacity.
• Observed the use of an unlawful controlled substance in the workplace.
• Observed abnormal or erratic behavior. (List below)
• Refused to submit to or willfully interfered with drug or alcohol testing required in
accordance with this policy.
• Other: specific, contemporaneous, articulable observations concerning the appearance,
behavior, speech, or body odors of the employee.
B. BEHAVIORS OF CONCERN
• Verbal abusiveness/explosive angry behavior
• Physical abusiveness/fighting
• Impaired memory/perception/judgment
• Mood swings or unpredictable behavior
• Social detachment or isolation
• Other behaviors of concern (Example: hallucinations, disorientation, etc.)
Employee Handbook
Substance Abuse Policy
14 - 11/2/2010
•
APPENDIX A
CITY OF YAKIMA
CLASSIFICATIONS BY DIVISION
DOT -FTA Group
EQUIPMENT RENTAL
Equipment Maintenance Supervisor
Mechanic II
Mechanic I
Fleet Maintenance Attendant
STREETS
Street Maintenance Supervisor
Street Maintenance Crew Leader
Street Maintenance Specialist
• REFUSE
Solid Waste Supervisor
Solid Waste Crew Leader
Solid Waste Maintenance Worker
Solid Waste Maintenance Worker (T)
IRRIGATION
Irrigation Supervisor
Irrigation Crew Leader
Irrigation Specialist II
Irrigation Specialist I
TRANSIT
Transit Manager
Transit Operations Supervisor
Transit Field Operations Supervisor
Transit Project Planner*
Transit Route Supervisor
Transit Service Worker
Transit Dispatcher
Transit Operator
DOT-FMCSA Group
WASTEWATER
Sewer Maintenance Supervisor
Sewer Maintenance Crew Leader
Sewer Maintenance Specialist II
Sewer Maintenance Specialist I
WWTP Chief Operator*
WWTP Operator III*
WWTP Operator II
WATER
Waterworks Crew Leader
Waterworks Specialist II
Waterworks Specialist I
Water Device Technician
*Not all employees in these job classifications are required to have a CDL. Those who do are in
the random pool of employees for testing.
Employee Handbook
Substance Abuse Policy
15 - 11/2/2010
•
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
*13
For Meeting of December 14, 2010
Item Title Resolution adopting a revision to the City of Yakima's Drug and Alcohol Policy -
Part II
Submitted by. Chris Waarvick, Public Works Director, 576-6411
Contact Person Ken Mehin, Transit Manager, 576-6415
Summary Explanation Yakima Transit and the City of Yakima is required by the Department
of Transportation (49 CFR Part 40), Federal Motor Carrier Safety Administration (49 CFR Part
382), and the Federal Transit Administration (49 CFR Part 655) to maintain and enforce a drug
and alcohol policy
In July 2010, the Federal Transit Administration (FTA) determined that Yakima Transit is
deficient in this requirement and has ordered us to comply or not receive federal financial
assistance until Yakima Transit is in compliance
The deficiencies specifically are lack of the appropriate definition of what constitutes a refusal to
submit and direct observation for follow-up and return -to -duty testing
Resolution Ordinance Contract Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL.
City Mager
Staff Recommendation In order to continue receiving funding, Yakima Transit must have a
substance abuse policy in compliance with federal regulations Yakima Transit has worked with
the City's Human Resources Department and the AFSCME Union to draft the proposed
changes Staff respectfully requests City Council to adopt the resolution revising the City of
Yakima's Substance Abuse Policy - Part II
Board Recommendation The City Council Transit Committee is aware of the requirement for
Yakima Transit to comply with the FTA with regard to the City of Yakima's Substance Abuse
Policy
Council Action