HomeMy WebLinkAboutR-2007-054 City of Yakima Substance Abuse Policy RevisionsRESOLUTION NO. R-2007--54
A RESOLUTION adopting revisions to the City of Yakima Substance Abuse Policy.
WHEREAS, on November 18, 1988, and pursuant to Resolution No. D-5663, the City
adopted a Substance Abuse Policy consistent with the federal Drug -Free Workplace Act; and
WHEREAS, pursuant to Resolution R-95-156, the City revised its Substance Abuse
Policy to conform to new federal regulations issued by the Federal Highway Administration and
the Federal Transit Administration; and
WHEREAS, due to audits by the federal government to ensure compliance with
changing federal regulations, additional revisions are required to portions of the Policy
applicable to those employees covered by Part II of the Policy; and
WHEREAS, the City has provided the bargaining unit representatives of the affected
employees the opportunity to review and request bargaining over the proposed changes to the
Policy; and
WHEREAS, the bargaining representatives have not requested bargaining; and
WHEREAS, the City Council finds it is in the best interests of the City of Yakima to
adopt the revisions to the City of Yakima Substance Abuse Policy; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City hereby adopts the attached Revised Substance Abuse Policy, which shall be
applicable to all employees covered by Part II of the Policy.
ADOPTED BY THE CITY COUNCIL this 17th of April, 2007.
ATTEST:
City Clerk
avid Edler, Mayor
City of Yakima
Employee Handbook
Subject: Revised Substance Abuse Policy Part II (Effective 4/17/07)
Memorandum issued April 18, 2007
To: All Part 11 City of Yakima Employees
From: Sheryl Smith, Human Resource Manager
On April 17, 2007, the City Council adopted Resolution No. , which updates and revises the
City's Substance Abuse Policy. Changes were made in the General Policy Statement, Part II of
the policy, the Substance Abuse Report Form, a new Acknowledgement of Receipt, revisions to
Appendix A, and the addition of a pamphlet on alcohol and controlled substances. These
changes followed audits by the United States Department of Transportation Federal Transit
Administration and communications with the collective bargaining representatives of the
affected City employees.
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 1
General Policy Statement
The City of Yakima recognizes that employees are its most important resource and that their
well-being is vital. Unfortunately, substance abuse has become a major barrier to a healthy, safe
and efficient work environment. Substance abuse causes higher accident rates, higher workers'
compensation costs, greater absenteeism, and increased health insurance costs.
In an effort to overcome drug and alcohol abuse and the corresponding problems, the federal
government enacted the Drug Free Workplace Act of 1988; and on February 15, 1994, the
United States Department of Transportation (DOT), acting through the Federal Motor Carrier
Safety Administration (FMCSA) and the Federal Transit Administration (FTA), promulgated
new drug and alcohol testing regulations. These regulations were published as 49 CFR Part 653,
Prevention of Prohibited Drug Use in Transit Operations, 49 CFR Part 654, Prevention of
Alcohol Misuse in Transit Operations, and 49 CFR Part 382 Controlled Substances and Alcohol
Use and Testing. Part 653 and Part 654 were updated on August 1, 2001, and consolidated into
one regulation. The new FTA regulation, 49 CFR Part 655, is entitled Prevention of Alcohol
Misuse and Prohibited Drug Use in Transit Operations.
In addition, the Department of Transportation (DOT) issued 49 CFR Part 40, Procedures for
Transportation Workplace Drug and Alcohol Testing Programs, on December 1, 1989, which
prescribed testing methods. The revised 49 CFR Part 40 was published on December 19, 2000,
with an effective date of August 1, 2001.
The City adopts the following substance abuse policy in order to ensure the health, welfare, and
safety of its employees, and the citizens whom they serve, and to comply with said federal
mandates. The substance abuse policy is divided into two parts. The first part applies to most
permanent and temporary City employees. The second part reflects the new FHWA and FTA
regulations and applies to all employees whose position requires the possession of acommercial
driver's license (CDL) and employees performing certain safety -sensitive functions.
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4- 17-07
Page 2
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 administeredin accordance with 49 CFR Part 655.49(a). A list of
these covered positions is provided on Appendix A. This list may be revised and
supplemented 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:
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.
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 3
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.
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 substances include 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.
1 1 . 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 shall be referred 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.
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 4
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 result
shows an alcohol concentration of less than 0.02. Passing an alcohol test shall be
referred to as "testing negative."
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.
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 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.
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 5
e. Fails to provide a sufficient amount of urine 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 CRF §40.197(b) regarding
dilute samples).
Fails to undergo a medical examination as directed by the MOR as part of the
verification process.
h. 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.)
g.
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:
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 (DHHS)-approved
test) utilized to eliminate "negative" urine specimens from further consideration.
20. Substance Abuse Professional. A substance abuse professional (SAP) is a licensed
physician (medical doctor or doctor of osteopathy), or a licensed or certified
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 6
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 remain on 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 less 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,
return -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.
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 Substances -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.'
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 7
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 work place or while on duty as prohibited by the Drug
Free Work Place 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 covered employees shall undergo random
controlled substances testing in each calendar year, or a sufficient number of
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 8
employees equal to an annual rate not less 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 any time 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 tests 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
City of Yakima Employee Handbook
Substance Abuse Policy for Part I1 Employees
Rev. 4-17-07
Page 9
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.
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 this Policy Part Ii and DOT Five Panel test. The
City of Yakima, under its authority, may require an additional separate sample to test
for other controlled substances such as depressants and hallucinogens, etc.
8. The supervisor or manager who makes the determination that reasonable suspicion
exists to conduct an alcohol test shall not conduct the alcohol 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:
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 10
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 requiring tow 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.
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 said 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 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.
FTA Procedures: The following FTA -covered employees shall be subject to post -accident
alcohol and controlled substances testing under the following circumstances:
1. Fatal Accidents. As soon as practicable following an accident involving the loss 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
loss 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
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 11
completely discounted as a contributing factor to the accident. Any other employee
whose performance could have contributed to the accident shall also be tested for
alcohol and controlled substances. Such tests shall be subject to FTA rule
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.
4. 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 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.
I. 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;
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 substances use;
3. The employee has complied and remains in compliance with any and all SAP
prescribed/recommended rehabilitation and/or treatment programs;
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 12
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.
An employee shall be subject to alcohol follow-up testing only when the employee is
performing safety -sensitive functions, just before the employee is to perform 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 City of Yakima receives notice of the test results. Such re-
collections must not be collected under direct observation, unless there is another basis
for use of direct observation. 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.
I. 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
own alcohol and/or controlled substance dependency will remain as confidential as
possible and shall not be used, in itself, as a basis for disciplinary action.
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
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 13
policies in order to participate in extended counseling and/or rehabilitation. If the
employee requests that 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.
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 health care
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
written 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 Responsibilities
1. An employee or applicant who wishes to challenge a positive controlled test must do
so within 72 hours of notification of the positive result. 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 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 to comply with any corresponding SAP
prescribed/recommended rehabilitation and/or treatment programs, subject to city
leave policies.
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 14
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 Work Place Act of 1988, an employee who is
convicted of any criminal drug statute for a violation occurring in the work place
shall notify the City Personnel Office no later than five days after such conviction.
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 the Civil Service Rules & Regulations.
2. Refusal to submit to 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
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 15
Q.
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 on-
line at http://www.dot.<eov/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 ("GC/MS"). The City's designated 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 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 0.020 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
0.020 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.
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.
City of Yakima Employee Handbook
Substance Abuse Policy for Part I1 Employees
Rev. 4-17-07
Page 16
1. Retention Period of Records.
a. The following records shall be maintained for a minimum of five years:
i. Alcohol tests results indicating an alcohol concentration of 0.02 or greater;
ii. Verified positive controlled substances tests;
iii. Documentation of refusals to take required alcohol and/or controlled
substances tests;
iv. EBT calibration documentation; and
v. 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, Subpart 0, and 49 CFR 655.73)
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
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 17
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 I1.
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 II 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 II.
City of Yakima Employee Handbook
Substance Abuse Policy for Part I1 Employees
Rev. 4-17-07
Page 18
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
event 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
o Reported for work while under the influence of alcohol or drugs or any other
substance that impaired the employee's mental or physical capacity.
o Observed the use of an unlawful controlled substance in the workplace.
o Observed abnormal or erratic behavior. (List below)
o Refused to submit to or willfully interfered with drug or alcohol testing
required in accordance with this policy.
o Other: specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech, or body odors of the employee.
B. BEHAVIORS OF CONCERN
o Verbal abusiveness/explosive angry behavior
o Physical abusiveness/fighting
o Impaired memory/perception/judgment
o Mood swings or unpredictable behavior
o Social detachment or isolation
o Other behaviors of concern (Example: hallucinations, disorientation, etc.)
City of Yakima Employee Handbook
Substance Abuse Policy for Part II Employees
Rev. 4-17-07
Page 19
EQUIPMENT RENTAL
CITY OF YAKIMA APPENDIX A
CLASSIFICATIONS BY DIVISION
DOT -FTA Group
Equipment Maintenance Supervisor
Mechanic II
Mechanic I
Fleet Maintenance Attendant
STREETS
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
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
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.
C ,It65i .
l�MJ SCRIPIOGR>PH''s
Printed on recycled paper
(30% post-consurner content by weight).
WHAT lb
Tile MUM -FM
WORKPLACE.
THE ACT PROHIBITS
the manufacture, distribution,
possession and use of
controlled substances at work.
Controlled substances include:
• opiates (heroin, morphine
and other narcotics)
• stimulants (cocaine,
amphetamines, etc.)
• depressants* (barbiturates,
tranquilizers, etc.)
• hallucinogens
(LSD, PCP, etc.)
• marijuana (and hashish).
THE ACT AFFECTS
all companies and
organizations that receive:
• any federal grants
• federal contracts of
$100,000 or more.
The Act also affects
individuals who receive any
federal grant or contract, and
most government employees.
It a federal law
designed to keep drugs
out of the workplace.
*The Act does not specifically include
alcohol, which is a depressant.
However, individual employers may
include alcohol as part of their drug-
free workplace policy.
This booklet contains information about the federal Drug -Free Workplace
Act of 1988. It does not take the place of your employer's drug awareness
policy or federal guidelines.
A _—i) (01990 Channing L Bele Co., Inc All rights reserved • Printed in USA
Price List A
Scriptographlc`B Channing L Bate Co., Inc , 200 Slate Rd , South Deerfield, MA 01373
Product To reorder call (800) 628-7733 or write and ask for item number 486780-05-00 2000 Edition
Because the Act helps protect
everyone from the dangers of
drug use. When workers use
drugs, it affects:
SAFETY
Drug use can lead to mishaps,
injuries—even death.
PRODUCTIVITY
Output, quality of work and.
attendance often decrease
as a result of drug use.
.SECURITY
Users are more likely to steal
money, products or ideas.
PUBLIC TRUST
The public may lose confidence
when safety and quality slip.
Drug use can.also result in higher costs—
which everyone pays for in higher prices.
Get the facts!
3
140W OL )6 Ube
MFF W0120499
Drug use can:
Of-r-P.WE scPAPs
PEAFPRMAPICE,
and increase the
rate of errors
INTERFERE
WIT1.1
JUVpMEOT: -
and the ability to
use needed skills
1,ESSE-14
P.ONCENTRAT1ON
on the job at hand
PEW -EASE
MOTIVg;00
—drug use becomes
all that matters
VESTS -0Y
P-ELAnciNNIP
with friends, family
and co-workers.
4
Pry9 use w?-P4na Arnericamot. r0Ortant -
strength—its work.fore4,
01106 -FREE WoRKPLACIS
5CIJFIT9 YONV
Together, you and your employer can help to:
EDUCATE . • -•-•
co or2-142,.5.:::
:and others about •.-
. drug use and its ..
consequences
l'lia EOM of THIS
o f -nom WO E F n' LACE NST
Employers must:
PUBLLN ANO .
OIYfRIBUTE A
STATEMENT
that prohibits the use,
manufacture, sale or
possession of drugs
at work.
INFORM THE
CONTRACTING
FEDERAL.
AGENCY
of any employee's
workplace violation
within 10 days.
ESTABLISH R. E IJIP.E.
A Df2-1-,6 CONVICTED
MA/AU/4E5,6 EMPLOyEI~5
PR0GrzAM to take part in a
for employees. rehabilitation
This program must program or
cover the: be penalized.
• dangers of drugs
• employer's policy
e available sources
of help
- • penalties for
violations at work.
NOTIFY
EMPLOYEES
that they mustobey
the rules of the Act to
stay employed.
b
. MAKE A-
6.oOD FAITH
EFFORT-
to meet the
standards of
the Drug -Free
Workplace Act.
READ. TIWE Ppig Y
ON PR.UG
and know the penalties for the
use, possession or sale of drugs
at work.
14101n1 ABOUT.
TNi� �'ANGIEPs .
of drugs in the workplace,
-and what sources of help
are available.
OBEY: TME -POLICY
by not selling;
possessing drugs' at work:•:
R.EPORr ANY.::
CONVICTION
for' a workplace.drug violation
their employer withlri`5 days.;.
Failure to obey the Act may cause employers to
Tose contracts or grants, and may even bar them
from future contracts or grants for up to 5 years.
YOLJ it P M
THE ACT WOd
Neres how:
8
LEARN THE FACTS
—drug use puts you at risk
every day. Co-workers who use
drugs at work may cause
mishaps because of:
• blurred vision
and hallucinations
• poor coordination, balance
and motor skills
• confusion and
careless attitudes.
BEA GOOD
ROLE MODEL
—don't use drugs! Your
co-workers may follow your
example and admire you for
taking a stand.
PARTICIPATE IN THE
DRUG AWARENESS
PROGRAM
in any way you can. Be sure
that new workers know the
policy—and your own
drug-free standards.
TALK TO YOUR
SUPERVISOR
if you spot a policy violation or
think a co-worker needs help.
UNDERSTAND JOB
PERFORMANCE
STANDARDS,
and do all you can to
meet them.
tika
0.0"411A1
P Cr
Jos
STANDN2DS
LET EVERYONE KNOW
that you won't allow, ignore or
cover up anyone's druguse
at work.
SUPPORT RECOVERING
CO-WORKERS
and their friends and families.
They need your patience
and understanding.
GET HELP
if you have a drug problem. You
don't have to deal with it alone!
Don't ignore the drug problem—
be part of America's solution!
Me-060MS Tile
5•1605, OF 0112.1/6 R.D96
IN YOURSELF
You may find that you:
+ often "need" drugs to relax
or celebrate
• spend lots of time using drugs
or thinking about them
• miss work often due to drug
use and related illnesses
• use drugs to "get started"
before your workday begins .
• require more and more drugs
just to feel normal.
IN OTHERS
Signs of drug use* may include:
• sudden decline in work
attendance or performance
• increased moodiness or
short temper
r resistance to suggestions
• financial problems because of
the expense of drugs
+ possession of drugs or drug
use paraphernalia
decline in cleanliness,
appearance or health,
*These signs may be caused by
problems other than drug use.
latitt POSITIVE.
If you are using drugs:
A fi'Row,m
-it won't go away unless you
do something about it:
14.f -AC -1 C.PU • . .
• to family, friends, community ;.
self:help groups and other::.
sources of help
(see pages 12-13).
• WORK. Toww Ra A
=it's worth the effortl;.
eirlOtki
If 'a co-yJorker` 15
using drugs;
poN'T. COVER
the co-worker's drug use; Don'
. do work or correct errors f or:him
or her, ..
pON'T IGNORE;T
PR41Bl:E�-<
-drug UserSi put everyone.
health and safety, at
5
—follow your employer's
;..guidelines for reporting
00 -worker's syspected dru_
use. -Don't try to handle the'
situation on your_own.
Prug users can recover with the help of others.
P 6 I Mb
MIW. OE JVAILISLE
to help you, or those you know, with a drug
problem. They include:
f.mPL.oyE6 A55tSTANC£
PROGRAMS (EAPs) •
EAPs are free or inexpensive
. workplace programs that
• help employees handle
problems with:
t drug use
+ alcohol
• money
• relationships
• health:
your employer may refer you to
the EAP if you're not able to do
your job as required. You can
also contact the EAP on
your own.
THE FAMILY APM®• .
MEDICAL LEAP ACT
• (FMLA)
Under this law, eligible
employees may take up to
12 weeks of unpaid time off for
certain family or medical _.
reasons, such as getting'
treatment for a drug problem..:,
For more information, check
with your human resources :
department, or call the U.S.
Departmentof Labor at
1 ;800 -959 -FMA
(1-800-959-3652).
_ �2
SotpdxeE5 OF IRE.P
RESOURCES AT WORK
include your:
• supervisor
• union steward
• safety coordinator and/or
medical department.
Z
COMMUNITY RESOURCES
include:
• clinics and
hospitals 0 0 0 0 0 0
000000
• doctors,
psychologists and
social workers
• local health departments.
CLINIC
000000
000000
SELF-HELP GROUPS
include:
• Narcotics Anonymous
• Cocaine Anonymous
• Alcoholics Anonymous.
Look in the yellow pages under
"drug abuse" or "alcoholism"
for the nearest chapter.
NATIONAL HOTLINES
include the:
• Center for Substance Abuse
Treatment's National Helpline
at 1 -800 -662 -HELP
(1-800-662-4357)
• National Clearinghouse for
Alcohol and Drug Information
at 1-800-729-6686. •
NIP N4W
Poe& the Act cover
prescription drugs?
You must have a valid physician's
prescription to legally use
prescription drugs. Ask your human
resources director or medical
department about policies
regarding the safe use of
prescription drugs at work.
/
What is the
Americans with
Oisabilitie& Act
CAVA)?
Foes the Act
mean I'll have to be
tested for drugs?
The law does not require employers
to test employees. However, other
regulations may require testing of
employees in certain jobs, such
as transportation.
This law prohibits discrimination because
of a disability. It can help protect people
who have stopped using drugs and
those getting treatment for a drug
problem. It does not cover current drug
users or excuse poor work caused by
drug use.
14
®O -
jo110 Yoh
186141`6filigNST 69!
✓ LEARN THE ✓ TAKE PART
FACTS IN ®RUG
about drugs and AWARENESS
the dangers of PROGRAMS
drug use. —both your
employer's and
those in the
community.
✓ ENJOY A SAFE
WORKPLACE
free from drugs
and their dangers!
Keep drugs out
of the workplace
—and your life!
ACKNOWLEDGMENT OF RECEIPT
of
CITY OF YAKIMA
SUBSTANCE ABUSE POLICY
This certification demonstrates that the City of Yakima has complied with the
requirements of the Omnibus Transportation Employees Testing Act of 1991 and the
Department of Transportation/Federal Transit Administration Rules.
PLEASE COMPLETE THE FOLLOWING:
I hereby certify that I have received a copy of the City of Yakima Substance Abuse
Policy.
Your signature acknowledges receipt of the policy, which is required by federal
mandate.
Employee Name (Print):
Employee Signature:
Employee #:
Date:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. `I-
For Meeting Of 4/17/07.
ITEM TITLE: Consideration of a resolution adopting revisions to the City of
Yakima Substance Abuse Policy.
SUBMITTED BY: Sheryl M. Smith, Human Resources Manager
CONTACT PERSON/TELEPHONE: Sheryl M. Smith, 575-6090
SUMMARY EXPLANATION:
On November 18, 1988 the City adopted a Substance Abuse Policy consistent with the
federal Drug Free Workplace Act. Subsequently in 1995 the policy was revised to
conform to new federal regulations issued by the Federal Highway Administration and
the Federal Transit Administration.
Due to audits by the federal government to ensure compliance with changing federal
regulations, additional revisions are currently required to portions of the Substance
Abuse Policy applicable to those employees covered by Part II of the policy. The
unions representing these employees have been notified of the proposed revisions
and have not requested collective bargaining on these changes. Therefore, the
changes can be implemented.
Resolution X Ordinance Contract Other (Specify) Policy
Funding Source Affected department operational budgets
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2007-54