HomeMy WebLinkAbout1995-113 - Adoption of the Federal Drug Testing PolicyX74685; 12/18/95
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OI2.DINANCE NO ~/_~ ! ~ -3
AN ORDINANCE ADOPTING THF. FEDERAL DRUG TESTING POLICY FOR
TkIE CITY OF RIVERSIDE, MISSOURI.
WHEREAS, federal law now requires a drug testing policy to
be mandated for certain employees o~ the City, and
WFIEREAS, the City desires to comply with ~pderal law.
F3E IT THEREFORE ORDAINED AS FOLT~OWS:
Section 1. The attached drug testing policy is hereby
enacted as the official policy of the City.
PASSED THIS .~%~~~ DAY OF ~/~1 e.' ~r~=-~ 1995.
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ALCOHOL AND CONTROLLED SUBSTANCE TESTING POLICY
FOR
CITY OF RIVERSIDE
d
Adopted by the Board of Aldermen
City of Riverside, Missouri
Ordinance 95-113
December 19, 1995
Effective January 1, 1996
ALCOHOL & CONTROLLED SC7BS1'ANCE TLSPING POLICY
POLICY
It is the policy of the City of Riverside to provide safe, dependable, and
econanical services to its citizens and to provide safe working conditions for
its employees, and to comply with the requirements of federal law and regulations
related to the Drug Free Work Place Act of 1988 and the OcruZibus Transportation
F]nployee Testing Act of 1991. It is also the policy of the City of Riverside to
provide healthy, satisfying, working environments for its employees.
To meet these goals, it is the policy of the City of Riverside to insure
that its employees are not impaired in their ability to perform assigned duties
in a safe, productive and healthy crr~zner; to create a wort place environment free
from the adverse effects of alcohol and controlled substances abuse or rrdsuse;
to prohibit the unlawful manufacture, distribution, dispensing, possession or use
of alcohol and controlled substances; and to encourage employees to seek
professional assistance when personal problems, including alcohol and controlled
substance dependency, adversely affect their ability to perform assigned duties.
PURPOSE
The purpose of this policy is to assure worker fitness for duty and to
protect employees and the public from the risks posed by the use of alcohol and
controlled substances. It is also the purpose of this policy to comply with all
applicable federal and state regulations governing work place alcohol and
controlled substance abuse programs mandated under the above-noted acts. These
acts mandate urine drug testing and breathalyzer alcohol tests for safety
sensitive positions and prevent performance of safety-sensitive functions when
there is a positive test result. The federal law tws also established standards
for collection and testing of urine and breath specimens, the reporting of
certain drug-related offenses, protective measures for certain anployees tested,
for the preservation of confidentiality, and for certain reporting.
APPLICABILITY
This policy applies to all safety-sensitive employees who perform safety
sensitive functions as these parsons and activities are defined in the Qnnibus
Transportation F]nployee Testing Act and its implc~r~enting regulations, including
but not limited to persons who are required to possess a CDL license for the
operation of a comnercial vehicle, all department public safety personnel,
emergency services personnel, and other safety sensitive positions in the
jurisdiction. All contractors of the City of Riverside shall be required to state
in writing that they comply with the provisions of this act and its implementing
regulations while engaged in services for the City of Riverside or in activity
while on City of Riverside property as a condition of the award of any such
contracts for services or work and the continuation of same.
DEFINITIONS
Cam~ercial vehicle - as defined in the statutes requiring corrmercial drivers
license.
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Delay - any failure to imnadiately report to the test site to participate in
the required testing under this policy.
POLICY ADMINISTRATOR
Unless otherwise designated the City Admunistrator shall be designated as
the controlled substance and alcohol policy administrator for the City of
Riverside. Any inquiries concerning this policy, its application, its
administration, or its interpretation shall be made to the policy administrator.
The City Administrator and/or Director of Public Safety shall designate a
position to be identified to the public and to employees whose incumbent is the
primary person responsible for impleii~ntation and administration of this policy
under the supervision of the City Administrator and/or Director of Public Safety,
if the person is not the chief administrator of the jurisdiction.
The policy administrator shall develop and maintain a current list of the
positions that are governed by this policy. The list shall be available for
in.,pection in the Administrators office of the City of Riverside. Individuals who
are applying for positions with the City of Riverside and affected employees
shall be notified of the positions that are covered by this policy.
The policy administrator shall develop all form, necessary to carry out the
provisions of this policy, unless the forms are provided wider the federal
regulations. The forms shall be provided to appropriate persons who are
responsible for the implementation and management of this policy.
ALCOHOL & CONTROLLED SUBSTANCES PROHIBITIONS
An employee is prohibited from the operation of a commercial motor vehicle
and/or from engaging in any work related functions, for alcohol related conduct:
(1) while cons~nning alcohol; (2) while having a blood alcohol concentration of
0.02 or greater; (3) within four (4) hours of consuming alcohol; (4) after
refusing to submit to an alcohol test; and (5) fran conswning alcohol within
eight (8) hours after an accident as specified in this policy.
An employee is prohibited from the unauthorized use of a controlled
substance at any time, whether on or off duty.
An c~nployee is prohibited from the unauthorized possession of alcohol while
on duty and of controlled substances at any time, whether on or off duty.
Any employee convicted of illegal conduct related to controlled substances
or alcohol or who fails to report such a conviction to the policy administrator
shall be subject to immediate termination from service.
Any employee whose job performance requires the possession of a valid CDL
and who loses the CDL for a violation of or as a consequence of the law shall be
subject to disciplinary action up to and including termination from service. The
employee shall notify .the policy administrator and the employee's immediate
supervisor of the loss of the CDL. Failure to notify the policy administrator of
the loss of the CDL shall result in immediate termination from service.
Any employee who is consuming a prescribed or authorized controlled
substance or other substance of any kind whose side effects may inhibit or impair
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the employee's performance shall provide written notice to the policy
acLninistrator of such consumption upon reporting to work and prior to engaging
in any work related activity, or earlier if possible. Failure to report shall be
cause for disciplinary action up to and including termination from service.
CONTROLLED SUBSTANCE AND ALCOHOL TESTING PROVISIONS
E]nployees subject to this policy shall be subject to controllc-d substances
and alcohol testing including the following types of tests: pre-employment
testing, random testing (except as provided herein) reasonable suspicion testing;
post-accident testing; return to work testing; and follow-up testing to
rehabilitation prograrr~s.
Pre f~]r~ployment Testing
Pre-employment urine drug testing shall be required of all applicants for
positions covered by this policy as a condition of the application procedure.
Current employees shall be subject to the same pre-employment urine drug test.
Receipt of satisfactory test results is required prior to carmencement of
employment and/or engaging in safety sensitive functions, and the failure of a
controlled substance or alcohol test disqualifies an applicant frorn appointment
to employment for a period of at least 120 days. Evidence of the absence of
controlled substances or alcohol dependency from a Substance Abuse Professional
(SAP) and negative controlled substance and alcohol tests shall be required prior
to further consideration for any employment, including reports from prior
employers by an employee's written authorization.
Reasonable Suspicion Testing
Reasonable suspicion testing shall be used to determine fitness for duty
evaluations, including appropriate urine and/or breath testing when there are
objective observable reasons to believe that a controlled substance or alcohol
use is adversely affecting an employee's job performance or that the employee has
violated this policy. Reasonable suspicion referral for testing shall be made on
the basis of documented objective facts and circum,tances which are consistent
with the effects of substance use. Reasonable suspicion observations and reports
can only be made by supervisory or manage-ment- personnel who are trained to detect
the signs and sytnptorrv of controlled substance and alcohol use and who may
reasonably conclude that an employee may be adversely affected or impaired in the
employee's work performance due to the use of the controlled substance or
alcohol. The observing supervisor or manager, whether or not the person is the
employee's immediate supervisor, is required to complete the appropriate required
documentation concurrently with the observation and consideration to impose
reasonable suspicion testing.
Reasonable suspicion testing shall be required and completed whenever
possible within two (2) hours of the observation, but in any case no later than
eight (8) hours after the observation for breath alcohol testing and thirty-two
(32) hours for controlled substance testing.
Post Accident Testing
Post accident testing shall be required to test employees after a vehicular
accident has occurred in which a fatality has occurred, or when a traffic
citation is issued after an accident, or testing may be required where injury to
a person requires transport to a medical treatnxnt facility, or disabling damage
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to one or more vehicles requires towing from the accident site to occur. Testing
shall include both breath alcohol and urine drug testing of the e,nployee(s).
Post accident testing shall be required and completed whenever possible
within two (2) hours of the accident occurrence, but in any case no later than
eight (8) hours after the accident for breath alcohol testing and thirty-Two (32)
hours for control led substance testing. An employee involved in an accident shal l
refrain from alcohol conswnption for eight (8) hours following the accident.
Random Testing
Random testing shall be conducted on all persons covered by this policy.
Randan testing shall be unannounced and conducted with unpredictable frequency
throughout the year using an established scientifically-based selection method.
Testing shall be conducted whenever and as ordered by appropriate supervisory
personnel, but no less frequently than required by federal law and regulations,
and in such ntunbers as is minimally determined under the regulations.
Return to Work Testing
Return to work urine drug and alcohol testing for all employees covered by
this policy shall be required for all anployees who previously tested positive
on a controlled substance or alcohol test. To return to worJt, the employee mwt
test negative and be evaluated and released to return to work by a SAP before
being permitted to return to work.
Follow-up Testing
Follow-up testing of employees returning to work shall be required for
employees to submit to frequent unannounced random urine drug and breath alcohol
testing for at least six (6) times in the following twelve (12} months after
return to work, which random testing may be continued for a period of up to sixty
(GO) months from the employee's return to work date.
Any employee who questions the results of a required urine drug test under
this policy may request that an additional test be conducted. The test must be
conducted on a split sample that was provided at the same time as the original
sample and the test analysis shall be conducted at a different qualified
laboratory than where the original test was conducted. All costs for employee-
requested testing shall be paid by the employee unless the second test
invalidates the original test. An employee's request fora re-test must be made
to the Medical Review Officer (MRO) within seventy-two (72) hours of the notice
to the c-~nployee of the initial test result. Requests made after the seventy-two
(72) hour limit will only be accepted if the delay was due to docwnentable facts
that were beyond the control of the employee.
The method of collecting, storing, and testing the split sample required
under this policy shall be consistent with the procedures established in 49 CFR
Part 40.
Failure to Test
Any employee who fails to su}assit to the required testing under this policy
is considered to have tested positive and shall be subject to all of the
consequences that flow related to positive testing.
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Any employee ordered to test shall report immediately to the test site upon
being ordered to su}xnit to testing. No delay of any type shall be granted or
taken. Delay in reporting by the employee shall be treated as a refusal to test
and shall subject the employee to all of the consequences that flow related to
positive testing. Failure to provide a sufficient sample or for providing an
adulterated sample shall be considered as a refusal to test and shall subject the
employee to all of the consequences that flow.
TESTING CONTROLS
ALCOHOL: Federal regulations require breath testing to be done on
Evidential Breath Testing devices approved by the National Highway Safety
Administration. An initial screening test is conducted first. Any result that is
less than 0.02 blood alcohol concentration is considered negative. If the blood
alcohol concentration is 0.02 or greater, a second confirnatory test must be
conducted. Any employee who tests with a blood alcohol concentration of 0.02 or
greater shall be renwved from service for at least twenty-four (24) hours.
Any employee who is found to have engaged in prohibited alcohol conduct
under this policy shall be immediately removed from work-related activity; and
the employee shall not be permitted to resume work until the employee is (1)
evaluated by a SAP, and (2) complies with the rehabilitation contract if such is
required, and (3) has tested negative in a follow-up test.
CONTROLLED SUBSTANCES: Controlled substance testing is conducted by
analyzing an employee's urine specimen performed at a laboratory certified and
monitored by the U.S. Department of Health & Human Services for the following
controlled substances:
(1) Marijuana (THC metabolite)
(2) Cocaine
(3) Amphetamines
(4) Opiates (including heroin)
(5) Phencyclidine (PCP)
The testing for controlled substances is a two stage process. First a
screening test is conducted. If the tact is positive for one or more of the
controlled substances, a confirmatory test is conducted for each identified
controlled substance. The confirmatory test is a gas chromatography/mass
spectrometry (GC/MS) analysis.
Any employee who tests positive on the confirniatory test shall be
interviewed by the City of Riverside Medical Review Officer (MRO). The employee
shall be immediately removed from work-related activity; and the employee shall
not be permitted to resume work until the employee is (1) evaluated by a SAP, and
(2) complies with the rehabilitation contract if such is required, and (3) has
tested negative in a follow-up test.
EMPLOYMENT ASSESSMENT
An employee who tests positive for the presence of controlled substances
or alcohol above the minimum thresholcL set forth in the federal regulations
shall be evaluated by a SAP. The SAP shall evaluate each employee who tests
positive to determine what assistance, if any, the employee neecL in resolving
problems associated with the controlled substance or alcohol.
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Assessrrw~t by a SAP does not protect an employee from disciplinary action
or guarantee continued employment or reinstatement by the City of Riverside. The
City of Riverside disciplinary policy provides guidance to the discipline that
may be imposed, unless otherwise stated in this policy.
REHABILITATION EFFORT
Any employee who is determined to be in need of assistance for a controlled
substance or alcohol related problem under this policy by the SAP may be
permitted to enter into a rehabilitation plan approved by City of Riverside,
provided the employee agrees to adhere to the terra of the rehabilitation
contract with the City of Riverside.
Rehabilitation assistance may only be granted to an employee once while
employed by the City of Riverside. Failure to complete the rehabilitation
assistance plan or to adhere to the rehabilitation contract shall be considered
a resignation by the employee from employment with the City of Riverside.
The rehabilitation contract shall include the following terry and
conditions to be adhered to by the employee who is granted rehabilitation
assistance.
1. the employee shall agree to undertake and successfully complete the
rehabilitation assistance plan established for the employee by the SAP or by a
rehabilitation professional accepted by the City of Riverside; and
2. the employee agrees to refrain fran any violation of this policy and
the use of controlled substances and alcohol consistent with the plan of
rehabilitation and this policy; and
3. the employee provides a release of all medical records for use and
review by the City of Riverside relating to the rehabilitation assistance plan
for the assistance undertaken and compliance; and
4. the employee agrees to unannounced random testing for City of
Riverside determined periocL of time subsequent to the employee's return to work
consistent with this policy; and
5. the employee agrees to subrrti.t to a return-to-work test demonstrating
that the employee is negative under controlled substance and/or alcohol tests
standards; and
6. the employee agrees that any future controlled substance or alcohol
violations shall be considered as a resignation of the employee from service
without recourse.
CONTRACTUAL SUPPORT PROFESSIONALS
The City of Riverside shall secure a contract with an appropriately
certified testing laboratory to conduct the controlled substance testing analysis
and reporting required under this policy and under the federal regulations in
conformity with the standardL established under the federal regulations. The City
of Riverside may contract for the required alcohol testing or may perform the
testing using qualified City of Riverside personnel who utilize appropriate
testing equipment.
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The City of Riverside shall engage the services of an independent
contractor to serve the City of Riverside as the MRO properly credentialed and
trained in compliance with the federal regulations, who shall not be an employee
of the City of Riverside. The MRO shall, as a part of the engagement contract,
maintain all relevant records and provide the required reports that the City of
Riverside neecL to canply with the federal reporting requirements.
The City of Riverside shall appoint a SAP for the providing of services
under this policy and in compliance with the federal regulations.
IDUCATION & TRAINING
The City of Riverside shall provide all employees with a copy of this
policy and materials related to the effects of the use and/or abuse of alcohol
and controlled substances. The City of Riverside shall also provide information
to employees regarding treatment and rehabilitation available. F]nployees shall
be required to confine receipt of this policy and any revisions and of the
educational materials in writing noting the date of receipt and acknowledgement
by signature witnessed by the supervisor providing the materials.
The City of Riverside shall develop and provida training for all
supervisors and managers who are responsible for the adr~unistration and
enforcement of this policy. The training, at a minimum, shall include at least
sixty (GO) minutes of program on the physical and behavioral effects on personal
health, safety and on the work environment and performance indicators on the
effects of alcohol use and abuse, the side effects of abuse, and the consequences
of prohibited work-related activity involving alcohol consumption. The training
shall include an overview of this policy and its implementation and application
to employees. The training, at a minimum, shall include at least sixty (60)
minutes of program on the physical and behavioral effects on personal 1~ealth,
safety and on the work environment and performance indicators of controlled
substances use and abuse, the side effects of controlled substance abuse, and the
consequences of prohibited activity involving controlled substances. Training
shall also include a component related to objective observation for reasonable
suspicion testing, documentation and record keeping. The training may include
other components that the policy administrator, the MRO, and/or the SAP believe
can enhance the program administration and awareness of problrrrLS and treatment
related to alcohol and controlled substance use. The training msy also provide
components related to City of Riverside sponsored or supported referral program
and employee assistance efforts that are sanctioned to deal with alcohol and
controlled substance use and abuse problems.
CONFID~ITIALITY
All records developed and/or acquired pursuant to this policy shall be
maintained under strict confidentiality by the City of Riverside, the testing
laboratory, the MRO, and the SAP, when and as applicable. The records shall be
maintained separately from other personnel records kept by the City of Riverside
and shall be kept in a secured location with other medical records. Materials
shall not be released to others without the written consent of the affected
employee, except under provisions provided in the federal regulations, as needed
with regard to the rehabilitation contract, in litigation or quasi-judicial and
administrative proceedings related to positive test results and/or to matters
initiated by an employee.
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Any person who breaches the confidentiality provisions of this policy shall
be subject to imn~diate termination from employment and/or from any contractual
relationship with the City of Riverside without recourse.
DISCIPLINARY ISSUES
Unless otherwise specified in this policy, the City of Riverside policies
related to disciplinary action shall be followed when imposing discipline for
violation of this policy.
The acceptance by an employee of the rehabilitation assistance plan and
contract does not serve as a bar to imposing disciplinary action related to
violations of this policy.
Any supervisor or manager who knowingly permits an employee to violate this
policy or engage in work activity while conswning alcohol or a controlled
substance or fails to enforce this policy shall be subject to imne-diate
termination from employment.
This policy does not displace any other penalties that may be imposed or
be incurred as a result of violation of the City of Riverside policy or state or
federal laws, or as provided in the workers' compensation laws.
COORDINATION WITH OTHER LAWS & POLICIES
This policy shall be administered in compliance with other federal, state
and local laws related•to employee health & welfare policies, leave policies,
benefit program, and other related policies of the City of Riverside. In the case
of apparent conflicts between this policy, other policies, and applicable laws,
the policy administrator shall make the appropriate rulings to resolve the
potential conflicts, whenever possible.
In the event that any part of this policy is judicially determined to be
in conflict with any law or to be in violation of any law or is rendered
ineffective because of some state or federal legislative enactment, that part(s)
shall be void, but the remainder of the policy shall remain in effect. Parts that
are void or voided shall be replaced as soon as possible so as to maintain the
full effect of this policy and/or bring it into compliance with relevant laws.
AMIIVDI~IVTS
This policy is subject to amendment by the City of Riverside from time to
time. Amendments that are made shall be provided to employees upon adoption and
shall become effective as provided by the policy administrator.
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