1718 - Resolution - Drug and Alcohol Testing for City EmployeesRESOLUTION NO. 1718 ✓
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
ESTABLISHING POLICIES AND PROCEDURES FOR DRUG AND ALCOHOL
TESTING CITY EMPLOYEES .
WHEREAS, the Port Orchard City Council recognizes the obligation to provide
employees and citizens of the City of Port Orchard a drug and alcohol free work
environment to insure a safety within the workplace and community; and
WHEREAS, the Port Orchard City Council is respectful of employees rights
to personal privacy. They also recognize that alcohol and dugs can adversely affect
job performance and the work environment, by creating a hazard to the safety and welfare
of the affected employee, other employees or the community.
WHEREAS, effective January 1, 1996 the City of Port Orchard is required
to comply with the Federal Omnibus Transportation Act of 1991. U.S Department of
Transportation Federal Highway Administration regulations issued by the United States
Department of Transportation, 49CFR, mandate the City establish urine drug and
evidential breath alcohol testing for employees in safety -sensitive positions, including
those who are required to hold a Commercial Driver's License.
WHEREAS, it is also the desire of the City of Port Orchard to establish
an alcohol and drug testing policy and procedures to provide guidelines for enforcment
of the Drug and Alcohol Free Workplace Policy, which was established administratively
to comply with the Drug and Alcohol Free Workplace Act of 1988.
NOW, THEREFORE, the City Council of the City of Port Orchard does hereby
adopt the following policy effective January 1, 1996:
DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES
CHAPTER 1: PURPOSE
The purpose of this policy is to establish Drug and Alcohol Testing Policies and
Procedures to (1) establish pre -employment drug and alcohol testing for all employees
hired after the effective date of this policy; and (2) establish compliance with the
Federal Highway Administration regulations requiring drug and alcohol testing for
Commercial Driver's License holders. Regulations issued by the United States Department
of Transportation mandate urine drug and evidential breath alcohol testing for employees
in safety -sensitive positions, including those who are required to hold a Commercial
Driver's License. This policy sets forth the City of Port Orchard alcohol and drug
testing program and the testing and reporting requirements to include those requirements
as required by those regulations.
CHAPTER 2: APPLICATION
This policy applies to (1) all regular, part-time and temporary employees of the City
of Port Orchard who are required to have and maintain a Commercial Driver's License in
order to perform the duties of the job. (2) All employees who are hired after the
effective date of this policy shall be subject only to the pre -employment testing; and
(3) Contractors performing functions for the City of Port Orchard involving the use of
a vehicle requiring a Commercial Driver's License, will be subject to specific alcohol
and drug testing as required by federal regulations.
Resolution No. 1718
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CHAPTER 3: POLICY
The City of Port Orchard has a significant interest in the health and safety of its
employees and the citizens of the City. In furtherance of that interest, it is the
policy of the City of Port Orchard to take those steps necessary to ensure that its
employees perform their duties and responsibilities free of the influence of drugs and
alcohol. Employees are encouraged to seek confidential counseling on problems
associated with alcohol and drug abuse. There will be mandatory drug and alcohol
testing for all employees and job applicants under the circumstances outlined in this
policy.
CHAPTER 4: DEFINITIONS
ACCIDENT - Accident means an occurrence involving a commercial vehicle use to perform
job duties on the public road which results in (1) a fatality; (2) bodily injury to a
person who, as a result of the injury, immediately receives medical treatment away from
the scene of the accident; or (3) one or more motor vehicles incurring disabling damage
requiring the vehicle to be transported away from the scene by a tow truck or other
vehicle.
DRIVER - This term includes all employees whose position may require operating a
commercial vehicle and that requires the possession of a Commercial Driver's License.
COMMERCIAL VEHICLE - A commercial vehicle is one that either: (1) has a gross vehicle
weight of over 26,000 pounds (including combined weight if towed unit weighs over 10,000
pounds); (2) is designed to transport 16 or more persons, including driver; or (3) is
used to transport hazardous materials.
DRUGS -- For the purposed of this policy, in accordance with the applicable federal
regulations, "drugs" refers to the following five substances: marijuana (THC), cocaine,
opiates, phencyclidine(PCP), and amphetamines.
MEDICAL REVIEW OFFICER (MRO) - The Medical Review Officer is the licensed physician
responsible for receiving and interpreting laboratory results from the urine drug tests.
SAFETY SENSITIVE POSITION - For purpose of this policy, these are positions associated
with the driving of commercial vehicles.
SUBSTANCE ABUSE PROFESSIONALS (SAP) - A Substance Abuse Professional is a licensed
physician, or 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 drug -related
disorders. The SAP is responsible for evaluating employees with positive test results.
CHAPTER 5: PROHIBITED CONDUCT
The following conduct regarding alcohol and drug use or abuse is prohibited:
A. ALCOHOL CONCENTRATION
An employee may not report for or remain on duty requiring the performance of
duties covered under this policy while having an alcohol concentration of 0.04
or greater.
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B. ALCOHOL POSSESSION AND ON DUTY USE OF ALCOHOL
An employee may not possess or use alcohol while on duty or while operating a
commercial vehicle.
C. PRE -DUTY USE OF ALCOHOL
Any employee may not operate a commercial vehicle within four hour after using
alcohol. An on -call employee who consumes alcohol within four hours of being
called in must acknowledge the use of alcohol and may not report for duty.
D. ALCOHOL USE FOLLOWING AN ACCIDENT
An employee required to take a post -accident alcohol test may not use alcohol for
eight hours following the accident, or until a post -accident alcohol test is
given, whichever comes first.
E. USE OF DRUGS
An employee may not report for duty or remain on duty which requires driving a
vehicle to perform their job duties, when the employee has used a drug or drugs,
except when the use is pursuant to instructions of a physician who has advised
the employee that the substance does not adversely affect the employee's ability
to safely operate a vehicle. Employees who are taking a prescription or over-
the-counter medication that may impair their ability to perform their duties
safely and effectively should provide written notice from their physician or
pharmacist with respect to the effects of such substances.
F. REFUSAL TO SUBMIT TO A REQUIRED TEST
An employee may not refuse to submit to a post -accident, random, reasonable
suspicion, or follow-up alcohol or drug test as directed by this policy
G. POSITIVE DRUG TEST
An employee may not report for duty or remain on duty requiring the performance
of duties covered under this policy if the employee tests positive for drugs or
alcohol.
H. TAMPERING WITH A REQUIRED TEST
An employee may not tamper with, adulterate, alter, substitute or otherwise
obstruct any testing process required under this policy.
I. POSSESSION, TRANSFER OR SALE
No employee may possess, transfer or sell drugs or alcohol while in any position
covered by this policy.
CHAPTER 6: TESTING
A. Pre -employment Drug Testing
All individuals who are covered by this policy must pass a drug test as a post -
offer condition of employment.
B. Reasonable Suspicion Testing
Employees subject to this policy shall submit to a drug and/or alcohol test when
the City of Port Orchard reasonably suspects that this policy (except the
prohibitions against possession, transfer or sale of alcohol) may have been or
is presently being violated. A referral for testing will be based on
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contemporaneous, articulable observations. Such referrals will be made by
supervisory' personnel who have received training concerning the signs and
symptoms of drug and alcohol use.
If removed from duty based on reasonable suspicion of alcohol use and an alcohol
test is not administered within eight hours, the employee will no be allowed to
perform or continue to perform covered functions until:
1) an alcohol test is administered and the driver's breath alcohol
concentration measures less than 0.02; or
2) 24 hours have elapsed following the determination that there is reasonable
suspicion to believe that the employee has violated this policy concerning
the use of alcohol.
C. Post -Accident Testing
Following an accident (as defined above) involving a commercial vehicle, the
driver is required to submit to alcohol and drug tests when the driver receives
a citation under state or local law for a moving traffic violation, or where a
fatality occurs as a result of the accident. Testing should occur as soon as
possible, but may not exceed eight hours after the accident for alcohol testing
and 32 hours after the accident for drug testing.
A driver who is subject to post -accident testing must remain readily available
for such testing and may not take any action to interfere with testing or the
results of testing. Drivers who do no comply with post -accident testing
requirements will be considered to have refused to submit to testing and will be
subject to sanctions for refusal to test as provided in this policy.
D. Random Testing
Employees who are required to have and maintain a Commercial Drivers License as
covered by this policy will be subject to random, unannounced alcohol and drug
testing.
E. Return to Duty Testing
Employees who have violated this policy, including those who have tested positive
on a drug or alcohol test, and who under the discipline policy are allowed to
return to work, must test negative prior to being released for duty. A return
to duty test following alcohol misuse may not exceed an alcohol concentration of
0.02.
F. Follow-up Testing
An employee who is referred for treatment related to alcohol misuse and/or use
of drugs is subject to unannounced follow-up testing for a period not to exceed
60 months as directed by a Substance Abuse Professional and the City of Port
Orchard. The number and frequency of follow-up testing will be determined by the
Substance Abuse Professional and the City of Port Orchard, but will not be less
than six tests in the first 12 months following the employee's return to duty.
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G. Re -tests
Employees who test positive for drugs may request a second test of the remaining
portion of the split sample within 72 hours of notification of a positive test
result by the Medical Review Officer.
CHAPTER 7: REFUSAL TO TAKE AN ALCOHOL OR DRUG TEST
No employee shall refuse to submit to an alcohol or drug test as directed under this
policy. A refusal to submit shall include, but is not limited to:
A. a failure to provide adequate breath for testing without a valid medical
explanation after the employee has received notice of the requirement for breath
testing in accordance with the procedures manual;
B. failure to provide adequate urine for drug testing without a valid medical
explanation after the employee has received notice of the requirement for urine
testing in accordance with the procedures manual;
C. engaging in conduct that obstructs the testing process.
Refusal to submit to a test shall be considered the same as a positive test result.
CHAPTER 8: SECURING INFORMATION FROM PREVIOUS EMPLOYERS
If a person is to be hired into a position subject to this policy and during the
previous two years has worked as a driver of a commercial vehicle, that person must
authorize a request of all employers of the driver within the past two years to release
information on the following:
A. Positive alcohol or drug tests
B Refusal to be tested
This information must be obtained before the person is employed by the City of Port
Orchard. However, if the information has not arrived by the anticipated start date,
and if the person has passed the pre -employment drug test, the person my be hired and
the requested information must be obtained from the previous employers within 14
calendar days of the date of hire. If the information has not been received within the
14 calendar days, the person will not be permitted to drive commercial vehicles until
the information has arrived. If the information obtained from previous employer
indicates either a positive test or that a refusal to be tested occurred within the past
two years, that person will not be permitted to drive commercial vehicles unless
subsequent information indicates that an evaluation by a Substance Abuse Professional
was made and return to duty testing was administered.
CHAPTER 9: CONFIDENTIALITY AND RECORD RETENTION
All records related to drug and alcohol testing will be maintained in a secure location
with controlled access. These records will be kept separate from records pertaining
to all other employees.
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CHAPTER 10: CONSEQUENCES OF ENGAGING IN PROHIBITED CONDUCT OR POSITIVE DRUG OR ALCOHOL
TESTS
A. Termination
An employee will be subject to immediate termination in the event an alcohol test
indicates a blood alcohol level of 0.10 or greater.
B. Discipline
An employee will be subject to appropriate disciplinary action as specified in the
applicable labor agreement or City Council Resolution up to and including termination
from employment if:
1) the employee tests positive for a drug or drugs;
2) results from an alcohol test indicate a blood alcohol level of 0.02 or
greater; and/or
3) the employee has engaged in prohibited conduct as outlined in Section V
(Prohibited Conduct).
All employees regardless of disciplinary action taken will be advised of resources
available to the employee in evaluating or resolving problems associated with drug use
or alcohol misuse.
The following provisions apply to those employees who are not terminated for their
policy violations:
B. Positive Test Result and/or Engaging in Prohibited Conduct.
If an employee tests positive for drugs or has an alcohol test that indicates a
blood alcohol level of .04 or greater from a random, reasonable suspicion or
post -accident test, or engages in prohibited conduct as outlined in Section V,
the employee will be immediately removed from duties requiring the driving, or
a commercial vehicle. The employee will not be permitted to return to work
unless he/she:
1) has been evaluated by a qualified Substance Abuse Professional; and,
2) if recommended by a Substance Abuse Professional, has properly followed
any rehabilitation prescribed; and,
3) has a verified negative result on a return -to -duty alcohol (<0.02) and/or
drug test.
Upon completion of a recommended rehabilitation program and successful return to work,
and employee will be subject to follow-up random testing for up to sixty (60) months
as recommended by the Substance Abuse Professional and the City of Port Orchard, with
a minimum of six such unscheduled tests within the first twelve months of returning to
duty.
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C. Alcohol Concentration of 0.02 but less than 0.04
Employees having a breath alcohol concentration of at least 0.02 but less than
0.04, shall be removed from duty requiring the driving of a commercial vehicle
for at least 24 hours.
CHAPTER 11: VOLUNTARY REFERRAL
The City of Port Orchard supports employees who volunteer for treatment of alcohol or
drug abuse. Employees are encouraged to seek treatment voluntarily. Any employee who
comes forth and notifies the City of Port Orchard of alcohol or drug problems will be
given the assistance extended to employees with any other illness. Any such program,
however, may not interfere with the tests required by these rules. For example, a
driver may not identify himself/herself as unfit to drive after having been notified
of a random or reasonable suspicion test and expect to avoid the consequences for a
positive test or reasonable suspicion test and expect to avoid the consequences for a
positive test or a refusal to test. In addition, voluntarily seeking assistance does
not excuse any failure to comply with all of the provisions of this policy or other
policies of the city.
Sick leave, vacation leave or leave of absence without pay as provided by state or
federal regulations may be granted for treatment and rehabilitation as in other
illnesses. Insurance coverage for treatment will be provided to the extent of
individual coverage. Confidentiality of information will be maintained as much as
possible at all times.
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the Clerk in authentication of such passage this 8th day of
January, 1996.
ATTEST:
LESLIE J. WEATHERILL, MAYOR
i
Patricia Parks, City Clerk