The Board of Directors hereby approves the drug and alcohol testing policy attached to the resolution incorporated herein, ratifies the General Manager’s previous action to issue said policy as a safety regulation, and adopts said policy as that of the District for all purposes effective upon its promulgating by the General Manager.
CONTROLLED SUBSTANCE AND ALCOHOL MISUSE
1.0 STATEMENT OF PURPOSE
The Carmel Area Wastewater District is and will stay a drug free workplace. The policy of the District is to minimize health and safety risks to its employees and the public. Alcohol or drug abuse poses a serious threat to the health and safety of employees and the public. It is, therefore, the policy of the District to prevent alcohol and substance abuse from adversely affecting the workplace. Every employee has the right to work in an alcohol and drug-free environment and to work with coworkers who are free from the effects of illicit drugs and alcohol abuse. Employees who abuse alcohol or use illicit drugs at the workplace pose a serious danger to themselves, their coworkers and the public.
2.0 USE OF ALCOHOL OR DRUGS
Controlled Substances - District employees are prohibited from using alcohol or drugs (controlled substances) on District time, District property or in a District vehicle. Should an employee appear to be intoxicated while in the work place, Management may require that the employee see a doctor (of the District’s choosing and at the District’s expense) to determine if the employee is capable of performing his/her normal duties in a safe, capable manner. Prompt disciplinary action will be taken against any employee found intoxicated while on District time, District property or operating a District vehicle. Disciplinary action will follow the District’s Discipline Policy currently in effect.
Off-the-job illegal substance use which adversely affects an employee’s job performance or which jeopardizes the safety of other employees, the public, or Agency equipment shall be proper cause for administrative or disciplinary action up to and including termination of employment.
Prescription Drugs - Employees on prescription drugs who suffer side effects that affect the employee’s safe performance of duties may be requested to return home. The employee should notify his or her physician of the side effects. If necessary, transportation will be provided for the employee. It is an employee’s responsibility to notify his or her supervisor of any known side effects from prescription drugs which may interfere with the employee’s safe and effective performance of duties.
It should be noted that it is a violation of California State Law for any person to sell or give prescription drugs to another person for whom the prescription was not intended.
Found Substances - Any employee finding a questionable substance believed to be drugs or other controlled substance on District property or in a District vehicle is to report it immediately to their supervisor. Employees are to cooperate with the local authorities in any ensuing investigation.
Possession - Any employee found selling, buying or in possession of controlled substances on District time or District property is subject to immediate disciplinary action. Should another District employee witness such activity, he/she is not to intervene, but is to report immediately such to their supervisor or management.
Any employee who is arrested for drug activity may be considered to be in violation of the controlled substance and alcohol misuse policy. In deciding its course of action, management will take into consideration the nature of the charge, the employee’s assignment, the record of the employee with the District and other such factors relative to the impact that the employee’s arrest has upon the District.
3.0 PERSONS AFFECTED BY THIS PROGRAM
All District employees are affected by this policy. However, only employees who are required by the District to obtain a commercial driver’s license for the performance of their assigned job functions, or employees who hold A or B licenses, must comply with the District’s compliance with the Federal Highway Administration Mandatory Testing for Alcohol and Controlled Substances Policy.
Visitors, vendors, and contracted employees are governed by this policy while on District premises, and they will not be permitted to conduct business if found to be in violation of this policy.
All Supervisors and managers who directly supervise persons subject to the testing procedures of this policy are required to comply with this policy as it pertains to the exercise of their supervisory authority.
The District is dedicated to assuring fair and equitable application of this Substance Abuse Policy. Therefore, supervisors are required to administer all aspects of the policy in an unbiased and impartial manner. Any supervisor who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy with respect to his/her subordinates shall be subject to disciplinary action, up to and including termination.
4.0 EMPLOYEE RESPONSIBILITY ON THE JOB
Duty - Any employee while on assigned duty is to refrain from becoming intoxicated. Any employee found to be intoxicated on duty shall be subject to disciplinary action. An employee is considered intoxicated when his or her blood alcohol concentration level is 0.04 or greater.
Emergency Call Out - Should an emergency arise requiring the call out of additional non-duty personnel or personnel not assigned to call out duty, and should a called employee be intoxicated, the employee is not to respond to the call out. The non duty employee is not subject to disciplinary action for failing to respond to the call out. If an employee responds to a call out while intoxicated, they will not be allowed to remain on the job site. The supervisor is to provide transportation home for the employee via another employee, or a cab will be called at the affected employee’s expense.
Impaired/Not Fit for Duty - Any employee who is reasonably suspected of being impaired, under the influence of a prohibited substance, or not fit for duty shall be removed from safetysensitive job duties and be required to undergo a reasonable suspicion controlled substance or alcohol test. Employees failing to pass this reasonable suspicion controlled substance or alcohol test shall remain off duty and be referred to a Substance Abuse Professional (SAP).
5.0 DRUG TESTING - Drug testing is not regularly or routinely required for District employees with the exception of those requirements under the District’s compliance with the Federal Highway Administration Mandatory Testing for Alcohol and Controlled Substances Policy. However, an employee may be subject to a drug test, if, in the opinion of his supervisor/supervisors, he or she indicates symptoms of drug abuse on District property or in a District vehicle.
Reasonable Suspicion Testing - All employees will be subject to urine and/or breath testing when there is a reason to believe that controlled substances or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances which are consistent with the effects of substance abuse. Examples of reasonable suspicion include, but are not limited to, the following:
1. Adequate documentation of unsatisfactory work performance or on-the-job behavior.
2. Physical signs and symptoms consistent with prohibited substance use.
3. Occurrence of a serious or potentially serious accident that may have been caused by human error.
4. Fights (to mean physical contact), assaults and flagrant disregard or violations of established safety, security, or other operational procedures.
Reasonable suspicion determinations will be made by a supervisor who is trained to detect the signs and symptoms of controlled substance and alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to prohibited substance abuse or misuse.
Pre-employment Physical
A drug test may be incorporated into the pre-employment physical. The results of the entire physical will be considered in the acceptance of the applicant for employment. Management may require a drug test as a result of a serious vehicle or equipment accident if circumstances surrounding the accident indicate intoxication may have been a factor. Results of the testing will be considered in any pending disciplinary action.
Confidentiality of Results - Results of all screening shall be kept confidential and only those with a strict need to know shall have access to those records. All records to such screening shall be stored in a manner to restrict such access.
Help - Any employee having a problem with drugs or alcohol may request assistance from the District. This request should be made directly to the General Manager (or Human Resources?). This request will be kept in the strictest of confidence with information passed only on a need-to-know basis. Upon request, the District will do whatever it legally can through scheduling, insurance, etc. to assist the employee. An employee requesting assistance shall not be subject to reprisal or disciplinary action for revealing a drug or alcohol problem. Likewise, should an employee make such a request after disciplinary action has already been contemplated, the request for help does not absolve the disciplinary action. Requests for help will be handled on a case by case basis by Management, making every effort to preserve the employee’s status, dignity and privacy. As necessary, legal counsel will be consulted to ensure any assistance offered does not compromise the District.
6.0 DISTRICT FUNCTIONS - Alcoholic beverages will not be provided by the District at District functions (retirement parties, picnics, etc.). District employees are not permitted to bring their own alcohol to such functions.
(Res. 1996-26, passed 8-15-1996)