HomeMy WebLinkAboutR-1995-156 Substance Abuse Policy•
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RESOLUTION NO. R-95- 156
A RESOLUTION adopting the City of Yakima Substance Abuse Policy
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, and pursuant to Resolution No D-5663, the City adopted a Substance
Abuse Policy consistent with the Drug -Free Workplace Act of 1988, 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, certain employment positions subject to preemployment controlled substance
testing, controlled substance and alcohol random testing, controlled substance and
alcohol reasonable suspicion testing, controlled substance and alcohol post -accident
testing, controlled substance and alcohol return -to -duty testing, and controlled
substance and alcohol 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 interests of the City of
Yakima to replace its current Substance Abuse Policy with the attached and
incorporated Substance Abuse Policy, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City of Yakima hereby adopts the attached and incorporated Substance
Abuse Policy
ADOPTED BY THE CITY COUNCIL this 76' day of>10-7A-e-cri--4/A.-) , 1995
\`- k
ATTEST Mayor
I1.) r../muD.t.nc. .GUJ.,
City Clerk
CITY OF YAKIMA
SUBSTANCE ABUSE POLICY
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. It shows up in
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 Highway Administration (FHWA) and the Federal Transit
Administration (FTA), promulgated new drug and alcohol testing regulations.
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 a commercial driver's license (CDL) and
employees performing certain safety -sensitive functions.
SUBSTANCE ABUSE POLICY PART I
A. APPLICABILITY
Substance Abuse Policy Part I applies to all permanent and temporary
employees of the City of Yakima, except those employees covered under Part II. It is a
condition of employment that the employee abide by the terms of this policy.
B. OBJECTIVES
1. It its the policy of the City of Yakima to provide a drug free work place
for its employees.
2. The City's philosophy on substance abuse is to emphasize training and
rehabilitation. Counseling and support will be made available through an
Employee Assistance Program, and the employees' right to privacy will be
respected at all times.
3. The following sections provide guidelines for employees a.nd
supervisors for the detection and deterrence of substance abuse in the work
place. Detection of substance abuse is provided through pre-employment
screening, supervisor and co-worker education, and, where reasonable cause
exists, verified testing of current employees. The standards by which such
tests will be conducted are set out. Acts which constitute a violation of Policy
Part I are defined, and the consequences for violation are established.
C. DEFINITIONS
1. For the purpose of this directive, the following terms have the
meanings indicated:
a. Substa>�ce abpse means the use of a substance, including
medically authorized drugs, which impairs job performance or poses a
hazard to the safety and welfare of the employee, the public, or other
employees.
b. Leas_Quable_c_ause. means all of the facts and circumstances
available at the time of an incident which would lead any reasonable
person to the same conclusion.
c. Medically auth rued drugs or_ substances means a drug or
substance prescribed by .a licensed practitioner/physician or dentist for
use in the course of medical treatment.
d. Controlled substance means a substance whose dissemination or
use is controlled by regulation or statute, including, but not limited to
alcohol, narcotics, depressants, stimulants, hallucinogens, and
cannabis.
e. Conviction means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
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charged with the responsibility to determine violations of Federal, State,
or City drug laws.
f. Criminal drug statute means a criminal law involving the
manufacture, distribution, dispensing, use or possession of any
controlled substance.
g. Written medical authorization means a prescription or other
written approval from a licensed practitioner/physician or dentist for
the use of a drug in the course of medical treatment. The authorization
must include the name of the substance, the period of authorization, and
whether the prescribed medication may impair job performance.
h. Unreasonable delay means a delay of the testing procedure for a
period of time which would render the test useless or inaccurate.
i. Counseling means participation in a substance abuse counseling
program provided through the City of Yakima Employee Assistance
Program (E.A.P.).
D. EDUCATION
1. The City of Yakima recognizes the need to provide education and
training in the areas of substance abuse and the major factors which
contribute to it. All employees will receive an initial introductory 4 hour
session regarding substance abuse in the workplace. Thereafter,, all
employees will receive an annual 120 minutes of 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 abuse.
Supervisors who may make reasonable suspicion determinations will
receive an additional annual 60 minutes of training on alcohol misuse and
another annual 60 minutes on substance abuse annually. The supervisor
training will cover the physical, behavioral, and performance indicators of
probable alcohol misuse and controlled substance use.
2. The City recognizes that substance abuse can be successfully treated,
enabling an employee to return to satisfactory job performance. Employees
who are concerned about their own substance abuse are encouraged to
voluntarily seek assistance through the City Employee Assistance Program.
All such voluntary requests for assistance will remain confidential.
3. An employee who has not received substance abuse awareness training
shall not be subject to disciplinary action under this Policy Part I.
E. EMPLOYEE RIGHTS AND RESPONSIBILITIES
1. The City shall not require an employee to undergo a drug screening test
unless there is reasonable cause to believe the employee is under the
influence of a substance which impairs job performance or which causes the
employee to pose a hazard to the safety of the employee, the public, or other
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employees. Nothing in Policy Part I is intended to require random testing of
employees.
2. Any voluntary request by an employee for assistance with his/her own
substance abuse problem will remain confidential and shall not be used as the
basis for any disciplinary action, provided that the request for assistance is
initiated :prior to a substance abuse related on-the-job incident.
3. Each employee using medically authorized drugs or substances which
can impair job performance shall. report this fact to his/her supervisor :prior
to beginning duty, and shall provide proper written medical authorization to
work. It is the employee's responsibility to determine from the physician
whether or not the prescribed drug would impair his/her job performance.
3. 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.
4. Each employee who observes or has knowledge of another employee in
a condition which impairs his/her ability to perform job duties or poses a
hazard to the safety and welfare of others shall promptly report the incident to
his/her immediate supervisor.
S. An employee who is the subject of a substance abuse investigation, or
who requests or is required to submit to a Substance Abuse Examination in
accordance with this Policy Part I, shall be entitled to have a Union
Representative or other observer of his/her own choosing present during the
investigation, provided that such request for an observer does not cause an
unreasonable delay.
F. DETECTION
1. Pie-emplovment examinatiort. Prospective employees of the City of
Yakima shall undergo a drug screening test prior to employment. A confirmed
positive test for controlled substances, or refusal. to take the examination, will
result in disqualification for employment for a period of six months.
2. Examination for reasonable cause. An employee may be required to
undergo a Substance Abuse Examination when reasonable cause exists to
believe the employee is under the influence of a controlled substance and the
steps outlined in the attached "Supervisors Checklist for Substance Abuse" are
followed. The decision to conduct a Substance Abuse Examination shall be
made only by the supervisor's department head or the department head's
management level designee.
3. &Arches of City -owned properly. 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 cause exists to believe
the search will reveal evidence of violation of this Policy Part I.
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G. REHABILITATION
1. The City recognizes the value of trained, experienced employees, and, to
the extent it deems treatment and rehabilitation are effective, it will pursue
those avenues prior to resorting to disciplinary measures.
2. Any counseling required or agreed to under Policy Part I shall be at City
expense. Further, appointments with the E.A.P. may be scheduled on City time
with prior approval of the employee's supervisor, for up to three (3) visits per
year. The E.A.P. counselor may contact the department head for authorization
for additional time off. Sick leave or other accrued time shall be used for time
spent beyond the above limit for the purpose of extended counseling or
treatment. 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.
3. The cost of counseling through the E.A.P. shall be borne by the City.
The cost of treatment/rehabilitation shall be covered to the extent possible by
existing labor contracts and the applicable health benefit plan.
H. TESTING PROTOCOL
1. All Substance Abuse Examinations required under Policy Part I shall be
administered at a facility designated by the City.
2. The employee shall provide samples of breath and urine to test for the
presence of alcohol and/or drugs, and shall sign an authorization to release
the results of those tests to the City Personnel Office; provided, however, that a
blood alcohol test may be used instead of a breath test when an employee is
unable to provide a sufficient amount of breath or a breath alcohol technician
is not readily available.
3. Whenever a test of samples of blood and urine is required by this
directive, it shall be administered in accordance with the following procedure.
a. The blood is drawn by a medical technologist. The urine sample is
produced by the employee alone in a restroom. The medical
technologist examines the restroom before and after to ensure that no
other samples were present and that no substances were available for
tampering. Each sample shall be subjected to a laboratory testing
protocol to detect tampering.
b. The medical technologist takes the samples, seals them, labels
them with the employee's identification, and signs a document which
begins a formal chain -of -possession procedure. Each person who
handles the samples, including the person who performs the tests, must
sign this document. When not being handled, the samples are stored in
a locked refrigerator. The purpose of this procedure is to insure that
samples do not get switched during testing.
c. The laboratory test is conducted in two steps. The first is a
general screen test for the major drugs of abuse and alcohol using the
EMIT or comparable test. If any positive result is obtained, a second test
is performed using a gas chromatograph/mass spectrometer (GC/MS)
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which provides molecular identification of the substances found in the
sample. If alcohol is detected in the urine, the blood sample will be used
for confirmation and to determine an accurate Blood Alcohol Level.
4. Examination results will be delivered only to the City Personnel Officer
who shall notify the employee's department head. The results may be made
known to other management level City personnel who are required to know
for the purpose of determining appropriate discipline or counseling, but
otherwise shall be kept confidential. Provided the Personnel Division has the
employee's current address and telephone number, the employee will be
notified immediately when the results are received.,
5. Whenever an examination is required under Policy Part I, the
supervisor accompanying the employee shall advise the employee that he/she
has the right to request that additional samples of urine and/or blood be
collected at his/her own expense. The employee may make separate
arrangements with the City's testing facility or another laboratory chosen and
paid by the employee, for storing or testing these additional samples, but the
employee will not have the right to handle samples after the original
donation.
I. PROHIBITED ACTS
J.
1. Reporting for work while under the influence of alcohol or drugs, or
any substance which impairs an employee's mental or physical capacity is
prohibited.
2. The unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance in the work place, is prohibited.
3. Refusal to submit to or willful interference with any Substance Abuse
Examination required in accordance with Policy Part I is prohibited.
4. Failure to notify the department head within five days of conviction of a
criminal drug statute violated in the work place is prohibited.
5. Failure to attend and cooperate in counseling when required in
accordance with Policy Part I is prohibited.
TREATMENT/DISCIPLINE
1. In all cases of suspected substance abuse in the work place, the
supervisor's Substance Abuse Incident Report shall be forwarded to the
employee's department head for further action. An employee suspected of
substance abuse shall be relieved of duty, with pay, following any required
examination, and shall be required to notify the office of his/her department
head of his/her whereabouts alt all times for the duration of the investigation.
The Personnel Officer and the department head will determine the course of
treatment or disciplin.e as provided below.
2. Disciplinary action resulting from enforcement of Policy Part I shall be
in accordance with applicable bargaining agreements, City Administrative
Code, and Civil Service Rules. All established grievance procedures shall
apply.
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3. The emphasis of Policy Part I is training and rehabilitation.
Disciplinary action for job misconduct in violation of this Policy Part I will be
imposed up to and including termination when an employee does not make use
of an approved treatment opportunity and the City finds discipline to be an
appropriate response to the misconduct. An employee who has had treatment
through the E.A.P. and who subsequently commits misconduct in violation of
this Policy Part I may or may not be offered another opportunity for treatment
in place of discipline, depending on the seriousness of the job misconduct and
the lapse of time since last in treatment through the E.A.P.
4. As required by the Federal Drug Free Work Place Act of 1988, (Pub. L.
100-690, Title V, Subtitle D), within 30 days of the City's receiving notice that
an employee has been convicted of violating a criminal drug statute in the
work place, the City will either take appropriate personnel action up to and
including termination or require the employee to participate satisfactorily in
a drug abuse assistance or rehabilitation program approved by a federal, state,
or local health, law enforcement, or other appropriate agency.
K. SAVINGS CLAUSE
It is understood that all provisions of Policy Part I are subject to applicable
Federal, State, and Local laws, and if any provision of any section of this agreement 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 I.
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SUBSTANCE ABUSE POLICY PART II
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. 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:
1. Accident: Ac:ciclent 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 alcohols including methyl
and isopropyl alcohol.
3. Alcohol Concentration/Cgntent: 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 approved by the :Department of
Transportation rules, using an Evidential Breath Testing Device (EBT) to
measure the amount of alcohol concentration in a volume of breath; provided,
however, that a blood alcohol test may be used instead of a breath test when an
employee is unable to provide a sufficient amount of breath or a BAT is not
readily available.
5. Alcohol Use: Alcohol use means the consumption 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 iri the alcohol testing process
and operates EBT devices.
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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 if the motor vehicle --
a. Has a gross weight of 26,001 or more pounds, including combined
weight if towed unit has a gross vehicle weight rating of more than
10,000 pounds;
b. Is designed to transport 16 or more passengers, including the
driver; or
c. Is of any size and is used to transport materials found to be
hazardous for purposes of the Hazardous Materials Transportation Act
and which require the motor vehicle to be placarded under the
Hazardous Material Regulations (149 CFR 172, subpart F).
8. Confirmation Test:
a. For alcohol testing, a confirmation test means a second test,
following a screening test with a result of 0.02 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.
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. 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 shalt be considered to have failed the substance test.
11. 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.
12. Medical Review Officer: A Medical Review Officer (MRO) is a licensed
physician (medical doctor or doctor of osteopathy) responsible for receiving
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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.
13. messing a Controlled Substance Test: An individual passes a controlled
substance test when a MRO determines, in accordance with the DOT procedures,
that the results of the test:
a. Showed no evidence or insufficient evidence of a contro:iled
substance or controlled substance metabolite;
b. Showed evidence of a controlled substance or controlled
substance metabolite for which there is a legitimate medical
explanation;
c. Showed evidence of a controlled substance or controlled
substance metabolite below a determined threshold level; or
d Were suspect because of irregularities in the administration of
the test, or observation, or custody and control procedures.
:Passing a controlled substance test shall be referred to as "testing negative."
14. Passing an Alcohol Teat. Passing an alcohol test means that the alcohol
test result shows an alcohol concentration of less than 0.04. Passing an alcohol
test shall be referred to as "testing negative."
15. .Bfusal to Submit: An employee "refuses to submit" to an alcohol or
controlled substances test when the employee fails to provide adequate breath
or urine for testing without a valid medical explanation, or the employee
engages in conduct that clearly obstructs the testing process.
16. Revenue Service Vehicle.: A vehicle used to transport fare paying
passengers, including a bus or trolley bus.
17. 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 nonrevenue 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
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cleaning the interior or exterior of the revenue service vehicle or
transit facility; and
e. Carrying a firearm for security purposes aboard a revenue
service vehicle.
18. Screening Test:
a. For alcohol testing, a screening test is an analytical procedure to
determine whether an employee may have 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.
19. Substance Abuse Professional: A substance abuse professional (SAP) is a
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 remain on duty requiring the
performance of safety -sensitive functions while having an alcohol
concentration of 0.04 or greater.
2. No employee shall be permitted to work following an alcohol test result
indicating a concentration of 0.02 or greater but less than 0.04 until the
employee's alcohol concentration measures less than 0.02, and 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 use or possess alcohol during work.
4. No employee shall perform safety -sensitive functions within four (4)
hours after using alcohol.
S. No employee required to take a post -accident alcohol test hereunder
shall use alcohol for eight (8) hours following the 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.
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8. No employee who is "on-call" shall use alcohol during the specified on-
call hours. The supervisor shall provide the employee ari 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. No employee shall report for duty or remain on duty while under the
influence of any controlled substance that could impair work performance.
2. No employee shall report for duty, remain on duty, and/or perforin 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.
E. PRE-EMPLOYMENT TESTING
All prospective employees who have been given a conditional offer of
employment wiith 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 test. Receipt of satisfactory
test results is required prior to employment in or transfer to a employment position
covered herein. Prospective or transferring employees who refuse to take the
controlled substances 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.
Pre-employment controlled substances testing is not to be limited to the
controlled substances definition contained in this Policy Part II, and may include
testing for other controlled substances such as depressants and hallucinogens.
F. RANDOM TESTING
Employee 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 employees equal to an annual rate not less than the minimum
percentage determined by the DOT, FHWA, or FTA,.
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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 he employee has ceased
perfoi ming safety -sensitive functions.
4. 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.
5. Random alcohol and controlled substances tests shall be unannounced
and the dates for administering such random tests shall be spread reasonably
throughout the calendar year.
6. 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 use shall 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 the
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 alcohol testing only
if the required observations are made during, just preceding, or just after the
period of the work day that the employee is required to be in compliance with
this policy.
4. An employee shall only be subject to reasonable suspicion alcohol
testing while 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 such functions.
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5. 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.
6. Reasonable suspicion controlled substances testing is not limited to the
controlled substances definition contained in this Policy Part II, and may
include testing for other controlled substances such as depressants and
hallucinogens.
7. 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.
8. 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
Employees covered hereunder are subject to post -accident alcohol and
controlled substances testing in accordance with the following:
1. Ea:tal Accident. 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
subs tances.
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 who received a
citation under state or local law for a moving traffic violation arising from the
accident, and any other covered employee whose performance could have
contributed to the accident, shall be tested for alcohol and controlled
subs tances.
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 said test is not administered within eight hours (8) 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
(1s)msso.substance abuse polLcy2 pm
November 3 1995
13
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. If the employee has violated the alcohol prohibitions, he/she shall
undergo a return -to -duty alcohol test with a result indicating an alcohol
concentration of less than 0.02, and the employee shall provide a true copy of
the retest results to his/her supervisor;
2. If the employee has violated the controlled substances prohibitions,
he/she shall undergo a return -to -duty controlled substances test with a result
indicating a verified negative result for controlled substances use, and the
employee shall provide a true copy of the test results to his/her supervisor;
3. The employee has been evaluated by an SAP who shall determine what
assistance, if any, the employee needs in resolving problems associated with
alcohol misuse and/or controlled substances use;
4. The employee has complied and remains in compliance with any and all
SAP prescribed/recommended rehabilitation and/or treatment programs;
S. The employee may request paid or unpaid administrative leave, or use
any available accumulated leave in order to participate in an SAP evaluation
and to comply with prescribed/recommended rehabilitation and/or treatment
programs.
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 for alcohol and/or controlled substances. An employee shall be
subject to follow-up alcohol 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. 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
months (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 return to duty.
K. REHABILITATION AND COUNSFT.TNG
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
(1a)mise/substance abuse po1icy2.pm
November 3, 1995
14
and/or controlled substance dependency. Any voluntary request by an employee for
assistance with his/her own alcohol and/or controlled substance dependency will
remain confidential and shall not be used as a basis for disdplinary action, provided
the request is initiated prior to an alcohol and/or controlled substance dependency
related on-the-job incident, or a positive alcohol and/or controlled substance test.
The cost of counseling services through the Employee Assistance Program
("EAP") shall be borne by the City. Appointments with the EAP may be scheduled on
City time with prior approval of the employee's supervisor, for up to three (3) visits
per year. The EAP counselor may contact the department head for authorization for
additional time off.
The employee may request additional paid or unpaid administrative leave, or
use any available accumulated leave 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.
L. 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 experiencing any adverse
effects from medication.
Employees are required to report the use of medically authorized drugs or
other substances which can impair job performance to his/her supervisor and
provide property written medical authorization to work from a physician. The
employee is not required to disclose to his/her supervisor the specific medication or
condition which necessitates the medication.
Failure to report the use of such drugs, or failure to provide property evidence
of medical authorization may result in disciplinary action.
M. 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 retest must be processed at a Department of Health and
Human Services -certified laboratory. The employee will be solely responsible
for costs necessary for the retest.
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 an SAP evaluation and to
comply with any corresponding SAP prescri.bed!recommended rehabilitation
and/or treatment programs.
[1 marc/substance abuse policy2.pm
November 3 1995
15
3. Any voluntary request by an employee for assistance with his/her own
substance abuse problem will remain confidential and shall not be used as a
basis for disciplinary action, provided that the request for assistance is
initiated prior to a substance abuse related on-the-job incident, or an alcohol
or controlled substances test that concludes in a positive result.
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 which impairs his/her ability to perform job duties or poses a
hazard to the safety and welfare of others shall promptly report the incident to
his/her 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.
N. DISCIPLINE FOR POSITIVE TEST, REFUSAL TO TAKE TEST, 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. If an employee refuses to take a required alcohol test, there will be a
presumption that the employee has a blood alcohol concentration of 0.04 or
greater. If the employee refuses to take a required controlled substances test,
there shall be a presumption that the employee tests positive for one of the
controlled substances. 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 an 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.
(1s)misc/subs:anee abuse pollry2.pm
November 3 1995
16
0. COLLECTION AND TESTING PROCEDURES
All alcohol and controlled substance testing shall comply with .DOT's Procedi,ire
for Transportation_Warkplacgnd Alcohol Testing Programs, 49 CFR Part 40.
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.
Controlled substance testing will normally by performed by urinalysis at a test
laboratory certified by the U.S. Department of Health & 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 anci report them to the City.
Prior to reporting a positive test result, the MR() shall give the employee an
opportunity to discuss the test result. If the employee meets 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 Persomiel
Officer 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 "re -test" at their own expense within 72 hours. Upon request, the employee shall
be given a copy of the positive test results.
Alcohol testing will normally 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 an employee of the
EBT results at the time of testing. If the screening test shows an alcohol
concentration of greater than 0.02, a confirmation test will be conducted within 20
minutes of the screening test. 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 Personnel Officer of the test results.
In limited situations, such as where it is not possible to test by urinalysis or
EBT, blood tests may be utilized to test for the presen.ce of substances. 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 retest of a test
sample within 72 hours of receiving the test results.
P. 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 the DOT rules and
regulations.
1. Retention Period of Recorc.
a. The following records shall be maintained for a minimum of five
years:
ils)misc/substance abuse policy2.pm
November 3, 1995
i. Alcohol tests results indicating an alcohol concentration of
0.02 or greater;
17
ii. Verified positive controlled substances tests;
iii. Documentation of refusals to take required alcohol and/or
controlled substances tests;
iv. EBT calibration documentation; and
iv. 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.
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.
Q, 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 personal health, safety, and the work environment,
and on the signs and symptoms that indicate controlled substance use.
(ls)misc/substnnce abuse polloy2.om
November 3 1995
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2. Supervisors who may make reasonable suspicion determinations will
receive an additional 1 hour of trami.ng 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.
R. ADMINISTRATION
The City Department of Human Resources is responsible for taking the
necessary steps to ensure that em.ployees, supervisors, managers, contractors,
suppliers, and others who may be performing work or providing services on City
property, or on ibehalf of the City, comply with the Policy.
S. SAVINGS CLAUSE
It is understood that all provisions of Policy Part II are subject to applicable
Federal, State, and Local laws, and if any provision of any section of this agreement 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.
palmist/substance abuse pol:cy2.pm
Novem ,r 3 1995
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APPENDIX A
City of Yakima
Classification by Department
Equipment Rental
Equipment Maintenance Supervisor
Mechanic II
Mechanic I
Fleet Maintenance Attendant
Irrigation
Irrigation Supervisor
Irrigation Crew Leader
Irrigation Specialist I
Refuse
Refuse Supervisor
Crew Leader
Refuse Helper
Refuse Helper (T)
Streets
Street Supervisor
Street Inspector
Concrete Specialist II
Specialist III
Specialist II
Specialist I
Street Laborer
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 41-
For
Z
For Meeting Of 11/7/95
ITEM TITLE: Consideration of a Resolution Adopting a City Policy Regarding
Substance Abuse and Random Drug Testing in the Workplace
SUBMITTED BY:
Labor/Management Committee on Substance Abuse/Random Drug
Testing
Archie M. Sutton, Personnel Officer - 575-6090
Yvette Lewis, EPA Chair - 575-6136
Paul McMurray, Assistant City Attorney
Karen Allen, Transit
CONTACT PERSON/TELEPHONE: Archie M. Sutton, Personnel Officer
Yvette Lewis, EPA Chair
SUMMARY EXPLANATION:
It has been estimated that drug and alcohol abuse by U.S. employees costs their employers $74
billion dollars per year. Those costs show up in higher accident rates, higher worker's
compensation costs, greater absenteeism, and increased costs for health insurance. In an
effort to stem that rising tide, the Drug Free Workplace Act of 1988 and the Omnibus
Transportation Employee Testing Act of 1991 were implemented; and on February 15, 1994, the
Federal Highway Administration (an arm) of U.S. Department of Transportation) promulgated
new regulations on drug and alcohol testing of commercial drivers. The Acts mandate that
employers establish policies and procedures (to include random drug testing of affected
employees) prohibiting the use of drugs/alcohol in the workplace and establish sanctions for
violations.
Implementration schedule of Federal Random Drug Testing mandates are as follows:
continued on reverse
Resolution X Ordinance _ Contract Other (Specify)Substance Abuse Policy
Funding Source
APPRO ED Rik SU`B€M
City Manager
STAFF RECOMMENDATION: To adopt above policy statement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD
A. January 1, 1995 for recipients operating in an area of 200„000 or more
on 3/17/94.
B. January 1, 1996 for recipients operating in an area of under 200,000 on
3/17/94.
The attached Policy on Substance Abuse in the Workplace and Random Commercial Drivel.
License (CDL) drug testing is the product of a cooperative effort on the part of a committee
comprised of City management and employees representing the five major collective
bargaining groups (A.FSCME, AFSCME Transit, YPPA, Fire and Fire PERS). It contains the
elements required and suggested by the Drug Free Workplace Act and Omnibus Transportation
Employee Testing Act of 1991, as amended, including: defining prohibited acts, providing
information and training, requiring counseling and rehabilitation, and establishing penalties
for violation. The policy provides for early detection through pre-employment testing and
random testing for safety sensitive job classification and Commercial Driver's License (CDL).
Committee Recommendations:
1. Adoption of the Substance Abuse/Random Drug Testing Policy effective November
1995.
The policy provides that employers shall receive Substance Abuse Awareness training
and training on Random Drug Testing procedures. It is recommended that the Human
Resources Division begin coordinating this training immediately, beginning with
managers and supervisors, with a target completion date of December 30, 1995 for all
affected City employees.
2. Continue Support of Employee Assistance Program.
The primary thrust of the proposed policy is toward prevention of substance abuse and
alcohol through education, and, whenever possible salvaging and rehabilitating
affected City employees.
3. Establish a Random Drug Testing Provider by November 21 1995. The City Employ(
Assistance Program (EAP Committee) has developed a comprehensive Request fo
Proposals (RFP) which solicits providers for the City's Random Drug Testing Program.
Final selection and interviews shall be completed by November 16, 1995, and
recommendations for their efforts. A spirit of cooperation and a genuine concern for
the problem associated with substance and alcohol abuse in our community was
apparent from the beginning. The proposed policy reflects these concerns.
Costs associated with these recommended policy areas are expected to be offset by savings
realized through reduced accidents and industrial insurance claims, increased productivity,
reduced use of sick leave, and positive impact on health benefit accounts.
Committee Members:
Jerry Sweesy, AFSCME
Dave Winton, AFSCMF?
Cecil Aston, AFSCME Transit
Craig Robinson, AFCME (In-house Substance Abuse Trainer)
Karen Allen, AFSCME Transit
Archie M. Sutton, :P_ersonnel Officer,
Glenn K. Rice, Assistant' `City Manager
Jerry Copeland, Director of Public Works
Doug Dodd, Water/Irrigation Superintendent
Ron Gray, AFSCME
Abel Castilleja, IAFF
Rick Ringer, IAFF
Marsha Devine, Police
David Moses, AFSCME
Sheryl M. Smith, Deputy Personnel Officer
Paul McMurray, Legal
Yvette Lewis, EAP Chair
Lega!'BD