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HomeMy WebLinkAboutCouncil Resolution 845RESOLUTION NO ~~-l~ A RESOLUTION REVISING PERSONNEL POLICIES AND PROCEDURES REGARDING A DRUG AND ALCOHOL FREE WORKPLACE WHEREAS, the Central Point. City Council adopted Resolution No. 832, A Resolution Revising Personnel Policies and Procedures on June 18, 1998; and, WHEREAS, said Personnel Policies and Procedures include provisions regarding a drug. and alcohol free workplace; and, WHEREAS,. the City Council deems it to be in the best interest of the City to make revisions thereto in order to achieve a drug and alcohol free work force, enhance employee productivity and safety, and encourage employees to seek assistance and treatment for drug and/or alcohol related problems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON that the following revisions to the Personnel Policies and Procedures attached hereto marked Exhibit "A" and by this reference incorporated therein, be, and the same are hereby ratified and adopted. Passed by the Council and signed by me in authentication of its passage this (Q~day of ' 999. Mayor Bill Walton ATTE City Representative APPROVED by me this~~ay of 999. P Mayor Bill Walton RESOLUTION NO. S~ (000099) CITY OF CENTRAL POINT POLICY FOR THE IMPLEMENTATION OF THE OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF 1991 The City is committed to providing and maintaining a safe and healthy work environment for its employees and a safe and dependable work force for the public. The use of controlled substances andlor alcohol can adversely affect the ability to perform safely, and may constitute a threat to the healtfi and safety of the public and other employees and to the efficient operation of the City. Therefore, the City shall establish a work environment where itis employees are free from the effects of controlled substances and/or alcohol. It is'the intent of this policy to achieve a controlled substance and alcohol free work force in the interest of health and safety df employees and the public; to enhance worker productivity and safety; and to encourage employees to'seek assistance ahd treatment for controlled substance and/or alcohol related problems before such problems affect performance and safety. The policy sets forth the City's intent to comply with the rules established. by the Federal Highway Administration in 49 CFR part 382, et sec ;and to comply with the Drug Free Work Place Act of 1988. The objectives of this policy are to: Maintain a safe, efficient, controlled substance-and alcohol-free work environment; • Maintaih the City's compliance with applicable Federal regulations; and Promote use of the City's Employee Assistance Program (EAP) for the help with problems related td controlled substances and alcohol 1. SCOPE OF POLICY This policy applies to all employees who are required to hold and use a Commercial Driver's License (CDL) and/or perform safety-sensitive work as defined by 49 CFR 382.107 in the course of employment with the City. Currently, thesenclude, but are not limited td employees in the following job classifications: Public Works Supervisor Public Works Utility Lead Public Works Utility Public Works Utility II Public Works Utility. Laborer Parks Maintenance Worker 2. PROHIBITED CONDUCT Alcohol Concentration: No employee shall. report for duty ar remain on duty requiring the performance ofsafety-sensitive functions while having an alcohol concentration of 0.04 or greater. Alcohol or Controlled Substance Possession: No employee shall be on duty or operate a commercial motorized vehicle while the employee possesses alcohol or a controlled substance, unless the alcohol or controlled substance is manifested and transported as part of a shipment. Page 1 Random Testing Requirements and Procedures: Employees covered by this Pohcyshall be placed in the pool for anonymous random selection by the. City's Contractor. Each employee shall have an ..equal chance of being selected in each random. selection event and will remain in the random selection pool even after being tested. For example, it is possible for some covered employees to be tested several times in one year, and other covered employees not to be tested for several years. The City shall conduct a reasonable number ahd type of tests per year. necessary to meet the minimum federal requirements. As of the date of this Policy, the tests include urinalysis for marijuana, cocaine, opiates, phencyclidine (PCP), amphetamines, and barbiturates of at least 50 percent of the covered employees per year; and breath alcohol testing. for alcoho[ concentrations of at least 25 percent of the covered employees per year. The results shall be reviewed by a Medical Review Officer. The Medical Review Officer will report each verified test result to the City and wilt notify each .covered employee who has a verified positive test result. Post Accident Testing Requirements. An employee covered by this Policy who is involved in an .accident{as defined in Part 382.303 of the Federal Regulations) while performing hislher assigned .duties shall be required to submit tq a controlled substance testing as mandated by Federal Highway .Administration rules..The employee shall remain readily available for testing unless there is a life- threatening orJife-saving occurrence requiring the employee to do otherwise. , Any covered employee involved in an accident must remain readily available far controlled substance and/or alcohol testing for up to eight hours after the accident.. The covered employee is responsible for notifying the City of his or her location if he or she leaves the scene of the accident prior to submission to testing. Failure by the covered employee to remain readily available may be determined to be a refusal to submit to testing. , If the covered employee to be tested was injured in the accident, the requirement to test for controlled substances and alcohol should not delay necessary medical attention, but said testing could be administered simultaneously to the covered employee receiving necessary medical attention. Reasonable Suspicion Testing. Testing may be required for reasonable suspicion when an employee is judged, based. upon observations by one or more trained supervisors, that the employee's appearance, behavior, speech, or body odor give the supervisor(s) cause to believe that the employee may be in violation of the alcohol or controlled substance prohibitions of this City policy. Supervisor's observations will be reduced to writing as soon as reasonable after the tests are conducted. ConFlrmation Testino and Empoovee Testing Options. The City shall perform a confirming breath . _alcohol test for alcohol concentrations immediately should the initial test indicate concentrations above 0.02. Cost of the second test shall. be borne. by the,City. Employees who question the validity of the controlled substance test may request, in writing, a split sample test within 72 hours of the results of the original test. Cost of,the second test shall be borne by the employee. Return to Dutv after Specimen Collection. A covered employee who is required to submit to random or follow-up controlled substance testing may be returned to duty immediately following specimen - collection. If the covered employee is also subject to random or follow-up alcohol testing, the covered employee's return to duty will be dependent upon the outcome of the breath alcohol testing. A covered employee who is required to submit to a reasonable su picion or post-accident controlled substance test will not be permitted to return to duty and will. be placed on a paid leave pending the receipt by the City of a verified test result. Page 3 C] Referred to the Substance Abuse Professional (SAP) for evaluation; ^ Be advised of the resources available through the City's contracted EAP to evaluate and assist in resolving alcohol andlor controlled substance misuse or abuse; and ^ Not be permitted to return to work until the employee undergoes areturn-to-duty alcohol test with a result of less than 0.02 and/or a controlled substances test with a verified negative result. An employee whose test results indicate a alcohol concentration level between 0.02 and 0.039, shall be ordered off the work site for at least 8 hours and placed on unpaid administrative leave for the remainder of his/her shift and may not drive a vehicle requiring a commercial driver's license for at least 24 hours following the test. A covered employee with a breath alcohol concentration level of 0.02 or greater will be provided transportation to his/her residence. If the covered employee insists on driving, law enforcement will be notified. Reouired Treatment: In the event that a continuing covered employee is referred to treatment by a SAP, said covered employee will be required to satisfactorily complete an approved controlled substance or alcohol treatment program and aftercare. as a condition of continuing employment. Work absences for treatment purposes may qualify for available sick leave benefits and/or personal medical leave, provided the covered employee isfiollowing the prescribed treatment program. If sick leave and personal medical leave have been exhausted, the covered employee will be placed on a medical leave of absence without pay. Covered employeesworking under the agreement that they satisfactorily complete an approved program of controlled substance and/or alcohol dependency treatment, will be required to submit to follow-up controlled. substance and/or alcohol testing to verify continued abstinence from controlled substances and/or alcohol for at least 12 but not more than 60 months. The frequency and duration of the follow-up testing will be recommended by the SAP, with a minimum of six tests during the first 12 months after the covered employee has returned to duty. Return to Work Agreement: Covered employees who test positive on a oontrol ed substance test, have a confirmed breath alcofiol concentration level of 0.04 or greater; or who are referred to a controlled 'substance and/or alcohol treatment which requires them to be away from work, will be required to sign a return to work agreement prior to being permitted to return tohis/hersafety-sensitive position. The agreement may include, buf is not limited to; the following requirements: ^ A release to work statement from an approved treatment specialist - ^ A negative test for cohtrolled substances and/ocalcohol ^ An agreement to follow-up testing ^ A statement of expected work-related behaviors ^ An agreement to follow specified aftercare. requirements ^ An expressed understanding that violation of the return to work agreement may result in discipline, up to and. including termination of employment. The return to work agreement is not a guarahtee of continued employment. Covered employees working under a return to work agreement must also follow all other City policies and procedures. The City is not ~equiretl to provide or pay for rehabilitation. Page 5 Policv Administrator: The City Administrator or his/her designee shall have the responsibility to administer the policy. The Public Works Department shall be responsible for all liaison activities with the vendor of testing services or any Contractor who provides administrative services relative to the Federal rules. Amendments: This policy is subject to amendment from time to time as the need arises.. Page 7