This policy covers the following types of tests:
(a) Post Accident/Incident Tests:
(1) A decision whether or not to administer a post accident/incident test shall be made by the Department or Division Head provided that he/she was not involved in the accident/incident. If the Department or Division Head was involved in the accident/incident, the Safety Director will make the decision. The determination to test shall be based on the best information available at the time.
(2) An alcohol test should be administered within two (2) hours following the accident/incident and the City shall cease attempts to administer the test after eight (8) hours. Failure to submit to a test within eight (8) hours of the City's request shall be deemed a "refusal".
(3) The urine sample for a post-accident/incident drug test shall be collected as soon as possible and the City shall cease attempts to administer a post accident/incident drug test thirty-two (32) hours following the accident/incident. Failure to submit to a test within thirty-two (32) hours of the City's request shall be deemed a "refusal".
(4) The employee shall not ingest any alcohol or drugs until testing has been completed.
(5) Implementation Procedures:
A. Any employee involved in a reportable accident/incident as defined by this policy shall notify the Employee's supervisor at the first available opportunity after the accident/incident. The supervisor shall notify the Department or Division Head, and then shall arrange for transportation to the collection site. However, if local law enforcement officials are on the scene of the motor vehicle accident and requests the driver to undergo urine and/or breath tests, the driver shall simply comply with those demands.
B. In the event the employee is seriously injured and unable to provide the necessary samples, he/she shall authorize the health care provider to release to the City any information necessary to indicate the presence of any controlled substance or alcohol in his/her system.
C. The Department or Division Head or designate will be responsible for seeing that the employee knows he/she must report to a collection site for testing as soon as possible after the accident/incident but as set forth above. Prior to such testing, employees shall be required to sign a form acknowledging testing. Failure or refusal to sign the acknowledgment form or to submit to these tests shall be considered a refusal to test, subjecting the employee to removal from service, and is cause for a charge of insubordination and will result in disciplinary action, which could include discharge. The City shall obtain and retain a copy of the completed Accident/incident Report Form, including a notation of the citation, for any accident/incident, and state whether testing is or is not required. This Accident/Incident Report Form will be kept in the Department or Division Head’s office.
(b) Reasonable Suspicion Tests:
(1) Reasonable suspicion testing shall be required when a trained supervisor suspects that an employee is under the influence of a prohibited substance. Reasonable suspicion test referrals shall be based on objective facts, circumstances, physical evidence, physical signs and symptoms or a pattern of performance or behavior, not on instinct or intuition.
(2) An employee who is suspected of using a prohibited substance shall be administered a drug and/or alcohol test. NOTE: An employee is suspected of using a prohibited substance when a supervisor who is trained in the detection of prohibited substances use under this policy can articulate and substantiate specific behavioral, performance or contemporaneous physical indicators of probable drug use, as documented in writing on a Reasonable Suspicion Checklist form.
(3) A supervisor who has reasonable suspicion that an employee is unfit for duty must:
A. Prohibit the employee from working or continuing to work by putting him/her on paid administrative assignment.
B. Transport the employee, or make arrangements for transportation, to the designated medical facility identified by the City for testing. After testing, arrangements should be made for safe transportation to the employee's residence or a place selected by a relative or friend of the employee.
C. Prepare appropriate documentation.
D. The Supervisor shall notify the Department Head.
E. If the employee refuses to submit to the test, warn the employee that he/she may not return to his/her covered position until he/she passes a test, and explain to him/her that a refusal to test is considered a positive test.
(4) Supervisors are prohibited from demanding or encouraging drug or alcohol testing that does not follow the guidelines established in this policy. Willful disclosure of test results to persons not involved in the disciplinary procedure will merit appropriate disciplinary action, which could include discharge.
(c) Return to Duty Tests:
(1) Return to duty testing will take place as a part of a Substance Abuse Assessment conducted by a SAP.
(2) Results will be reported through the standard testing and test results procedure.
(d) Follow-up Tests:
(1) Follow-up testing will be required if an employee has been found in violation of this substance abuse policy, and has followed the recommendation of SAP as a condition of returning to work.
(2) The process for scheduling and administering the follow-up tests will continue for a twelve month period, with up to six tests being administered on an irregular and unpredictable basis.
(3) This process will be administered by the City’s Anti-Drug Program Manager.
(e) Testing Procedure: The following test procedure shall apply to all employees:
(1) Urine specimens shall be collected by trained personnel at an accredited medical facility when necessary after an accident/incident.
(2) All specimen containers, vials or bags used to transport the samples shall be sealed with evidence tape and labeled in the presence of the employee.
(3) The testing shall be done by a laboratory certified as a medical and forensic laboratory which complies with the scientific and technical guidelines for Federal drug testing programs and Standards for Urine Drug Testing for Federal Agencies issued by the Substance Abuse & Mental Health Services Administration of the U.S. Department of Health and Human Services (53 Fed. Reg, 11970 4/11/88).
(4) Federal standards shall be used to determine what levels of detected substances shall be considered positive. Current Federal Regulations shall be controlling in case of change or conflict.
(5) Analysis shall be conducted to determine the presence of alcohol through the same or similar medically recognized process. Breath Alcohol testing shall be performed by a Breath Alcohol Technician trained according to Federal Guidelines for Drug & Alcohol testing.
(6) At the time the urine is collected; two (2) samples will be taken. One (1) sample will be sent to the laboratory to be tested at the City's expense. Sample one (1) will be split into two (2) parts (A and B). If the results of the first screen (A) are positive, the medical provider or testing facility will conduct a second confirmation test using a different methodology on the first sample. The second test will be completed by gas chromatography. If both screenings from the first sample test positive, then upon written request by the employee within 72 hours, the second sample (B) shall be tested separately at an approved DHHS laboratory chosen by the employee. All test results are to be reviewed by the MRO before being released. If the second test is also positive, the employee shall bear the cost of the test. If the second test is negative, the City shall bear the cost of the second test and no further action will be pursued.
(f) Test Results; Discipline:
(1) All test results shall be treated as confidential medical records.
(2) If the results of the test show that the employee, while on duty, was under the influence of or consumed, smoked, inhaled or injected alcoholic beverages, marijuana, cocaine, PCP, non-prescribed amphetamines or any other controlled substances, appropriate disciplinary action may be administered after the following procedure has been followed:
A. The MRO shall first contact the employee testing positive, then notify the employer.
B. The employee and the Union (with the employee’s permission) shall be given a copy of the laboratory report of the specimen sample and the employers copy of the chain of custody before discipline is administered.
C. The employee, within seventy-two (72) hours of receipt of actual notice from the MRO must request that the second sample be forwarded by the first laboratory to another independent and unrelated DHHS-approved laboratory if he/she desires that test to be performed.
D. Failure of the employee or the Union to have a second test performed shall not be used against the employee as a basis for discipline or in an arbitration proceeding.
E. For a first offense of the Substance Abuse Policy, (alcohol over 0.04% or any positive drug test), an employee may be given an opportunity to participate and successfully complete a rehabilitation program.
F. For failure to participate in or successfully complete a rehabilitation program or for a subsequent offense, an employee will be subject to discipline up to and including discharge.
G. If an employee who has tested positive for drug or alcohol abuse under this policy is referred to an inpatient or outpatient Substance Abuse Program, said employee shall sign a release of medical information statement and all drug-test results, records of admission, progress, discharge, and after-care will be forwarded to the City. Records regarding rehabilitation will be kept in confidential files separate from personnel files. The employee will be permitted to work provided the recommended treatment program does not prevent the employee from working, and the employee has passed a substance abuse assessment and a negative return to duty drug test conducted by the SAP.
H. Work continuation is dependent upon documentation of the employee's continued, successful participation in the recommended after-care programs.
I. Employees who follow the recommendations of the counseling and rehabilitation program as established by the SAP will be required to provide a negative drug and/or alcohol test prior to returning to work. An alcohol test of over 0.04% is a positive test for these purposes.
J. The employee is subject to unannounced testing that consists of up to six (6) tests in the first twelve (12) months following the employee's return to duty. Based on the recommendation of the SAP, the City may continue follow-up testing for an additional one (1) year.
K. These disciplinary guidelines shall apply to circumstances relating to suspected or confirmed substance abuse incidents, but do not preclude other disciplinary action as prescribed or appropriate by other performance-related guidelines.
(Ord. 2006-178. Passed 10-9-06.)