Policy 05.03 Drug Free Workplace

POLICY TITLE:	Drug Free Workplace
POLICY NUMBER:	05.03
VERSION:	2.0
REVISED DATE:	March 12, 2018
REVIEWED DATE:	March 13, 2018
APPROVAL DATE:	March 22, 2018
EFFECTIVE DATE:	April 2, 2018
NUMBER OF PAGES:	7

1. Description and Purpose In compliance with the Drug-Free Workplace Act of 1988, the City has a longstanding commitment to provide a safe, quality-oriented and productive work environment consistent with the standards of the community in which the company operates. Alcohol and drug abuse poses a threat to the health and safety of City employees and to the security of the City's equipment and facilities. For these reasons, the City is committed to the elimination of drug and alcohol use and abuse in the workplace.

2. Applicability This policy applies employees and representatives of the City.

3. Failure to Comply Failure to comply with this policy may result in disciplinary action in accordance with any and all disciplinary policies of the City.

1. This policy outlines the practice and procedure designed to correct instances of identified alcohol and drug use in the workplace.

a. Illegal drug use and alcohol misuse have many serious adverse health and safety consequences Information about those consequences and sources of help for drug or alcohol problems is available from the Administration Department, which has been trained to make referrals and to assist employees with drug or alcohol problems.

a. The City will assist and support employees who voluntarily seek help for such problems before becoming subject to disciplinary action under this or other City policies.

b. Such employees will be allowed to use accrued paid time off, placed on leaves of absence, referred to treatment providers and otherwise accommodated as required by law.

c. Such employees may be required to document that they are successfully following prescribed treatment and to take and pass follow-up tests if they hold jobs that are safety-sensitive or require driving, or if they have violated this policy previously.

d. Once a drug test has been scheduled, unless otherwise required by the Alaska Family Leave Act or the Americans with Disabilities Act, the employee will have forfeited the opportunity to be granted a leave of absence for treatment, and possible discipline, up to and including discharge, will be enforced.

e. Employees should report to work fit for duty and free of any adverse effects of illegal drugs, marijuana, or alcohol.

f. This policy does not prohibit employees from the lawful use and possession of prescribed medications. Employees must, however, consult with their doctors about the medications' effect on their fitness for duty and ability to work safely, and they must promptly disclose any work restrictions to their supervisor. Employees should not, however, disclose to City underlying medical conditions unless directed to do so.

g. Confidential employee assistance regarding drug abuse (or other personal problems) is available through the City referral service.

h. Information on how to use this network will be provided in the City’s Employee Assistance Program Policy Number 04.12.

a. Whenever employees are working, are operating any City vehicle or equipment, are present on City premises or are conducting company-related work offsite, they are prohibited from:

i. Using, possessing, buying, selling, manufacturing or dispensing an illegal drug (to include possession of drug paraphernalia).

ii. Being under the influence of alcohol, marijuana, or an illegal drug as defined in this Policy.

iii. Possessing or consuming alcohol or marijuana.

b. The presence of any detectable amount of any illegal drug or illegal controlled substance in an employee's body system, while performing City business or while in a City facility, is prohibited.

c. The City will also not allow employees to perform their duties while taking prescribed drugs that are adversely affecting their ability to safely and effectively perform their job duties. Employees taking a prescribed medication must carry it in the container labeled by a licensed pharmacist or be prepared to produce it if asked.

d. Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution.

i. All applicants must pass a drug test before beginning work or receiving an offer of employment. Refusal to submit to testing will result in disqualification of further employment consideration.

i. Employees are subject to testing based on (but not limited to) observations by the supervision of apparent workplace use, possession or impairment. The City Manager should be consulted before sending an employee for testing.

ii. All levels of supervision making this decision must use the Observation Checklist to document specific observations and behaviors that create a reasonable suspicion that the person is under the influence of illegal drugs, marijuana, or alcohol.

iii. If the results of the Observation Checklist indicate further action is justified, the supervisor should confront the employee with the documentation and with a division manager, department director or City Manager.

iv. Under no circumstances will the employee be allowed to drive himself or herself to the testing facility. A member of supervision/management must escort the employee; the supervisor/manager will make arrangements for the employee to be transported home.

i. Employees are subject to testing when they cause or contribute to accidents that causes damage a City vehicle, machinery, equipment or property or result in an injury to themselves or another employee requiring offsite medical attention in which there is a reasonable basis for concluding that drug use could have contributed to the incident.

ii. A circumstance that constitutes probable belief will be presumed to arise in any instance involving a work-related accident or injury in which an employee who was operating a vehicle or equipment is found to be responsible for causing the accident.

iii. In any of these instances, the investigation and subsequent testing must take place within two hours following the accident, if not sooner.

iv. Under no circumstances will the employee be allowed to drive himself to the testing facility.

i. Employees who have tested positive, or otherwise violated this policy, are subject to disciplinary action.

ii. Employees may request a retest of their positive test results within five (5) working days after notification by the City of such positive test result.

iii. Where the employee or applicant believes that the positive test result was affected by taking lawful or prescribed substances, the individual may be suspended without pay pending receipt of confirming information to substantiate the claims of the individual. Normally, the individual will be provided no more than five (5) business days in which to provide this additional information.

iv. Once the City has determined whether there is evidence to indicate that the test results are incorrect, the City will advise the individual of its decision.

v. Depending on the circumstances and the employee's work history/record, the City may offer an employee who violates this policy or tests positive the opportunity to return to work on a last-chance basis pursuant to mutually agreeable terms, which could include follow-up drug testing at times and frequencies determined by the City for a minimum of one (1) year but not more than two (2) years as well as a waiver of the right to contest any termination resulting from a subsequent positive test.

vi. If the employee either does not complete the rehabilitation program or tests positive after completing the rehabilitation program, the employee will be subject to immediate discharge from employment.

i. Employees subject to alcohol testing should be driven to the Public Safety Department and directed to provide breath specimens.

ii. Breath specimens should be tested by trained technicians using approved breath alcohol testing devices capable of producing printed results that identify the employee.

iii. If an employee's breath alcohol concentration is .04 or more, a second breath specimen should be tested approximately 20 minutes later.

iv. The results of the second test should be determinative.

v. Alcohol tests may, however, be a breath, blood or saliva test, at the City's discretion.

vi. For purposes of this policy, test results generated by law enforcement or medical providers may be considered by the City as work rule violations.

i. Applicants and employees subject to drug testing should be driven to the Administration Department and directed to provide urine specimens.

ii. Applicants and employees shall provide specimens under supervision of an Administration Department employee, Police Officer, or designee.

iii. Collected specimens that show positive results should be sent to a certified laboratory and tested for evidence of marijuana, cocaine, opiates, amphetamines, Methylenedioxymethamphetamine (MDMA) use.

iv. The laboratory should screen all specimens and confirm all positive screens.

v. There must be a chain of custody from the time specimens are collected through testing and storage.

vi. The laboratory should transmit all positive drug test results to the Administration Department, who should offer persons with positive results a reasonable opportunity to rebut or explain the results.

a. Applicants who refuse to cooperate in a drug test or who test positive will not be hired and will not be allowed to reapply/retest in the future.

b. Employees who refuse to cooperate in required tests or who use, possess, buy, sell, manufacture or dispense an illegal drug in violation of this policy will be terminated.

c. If the employee refuses to be tested, yet the City believes he is impaired, under no circumstances will the employee be allowed to drive himself home.

d. The first time an employee tests positive for alcohol or illegal drug use under this policy, the result will be discipline up to and including termination.

e. Employees will be paid for time spent in required alcohol or drug testing and then suspended pending the results of the drug or alcohol test.

f. After the results of the test are received, a date and time will be scheduled to discuss the results of the test; this meeting will include a member of management/supervision, and an Administration Department employee.

g. Should the results prove to be negative, the employee will receive back pay for the times/days of suspension.

a. Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided to the Administration Department should be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files.

b. Such records and information may be disclosed among supervisors on a need-to-know basis and may also be disclosed when relevant to a grievance, charge, claim or other legal proceeding initiated by or on behalf of an employee or applicant.

a. Employees have a right to obtain copies of all test results from the testing laboratory, or from the City.

b. When an employee disagrees with the test results, the individual may request that the testing laboratory repeat the test. Such repeat testing will be at the expense of the individual, unless the repeat test overturns the original report of the lab, in which case the City will reimburse the employee for the costs incurred for the retest.

a. The City reserves the right to inspect all portions of its premises for drugs, alcohol or other contraband.

b. All employees, contract employees and visitors may be asked to cooperate in inspections of City property that might conceal a drug, alcohol or other contraband.

c. Employees who possess such contraband or refuse to cooperate in such inspections are subject to appropriate discipline.

a. The City prohibits all employees, including employees performing work under contracts, from manufacturing, distributing, dispensing, possessing or using an illegal drug in or on company premises or while conducting business.

b. City employees are also prohibited from misusing legally prescribed or over-the-counter (OTC) drugs.

c. The City’s Director of Public Safety will be notified when criminal activity is suspected.

d. The City does not desire to intrude into the private lives of its employees, but recognizes that employees' off-the-job involvement with drugs and alcohol may have an impact on the workplace. Therefore, the City reserves the right to take appropriate disciplinary action for illegal drug use, sale or distribution while off City premises.

e. All employees who are convicted of, plead guilty to or are sentenced for a crime involving an illegal drug are required to report the conviction, plea or sentence to the Administration Department within five (5) days.

f. Failure to comply will result in automatic termination.

g. Cooperation in complying may result in suspension without pay to allow management to review the nature of the charges and the employee's past record with the City.

a. The employee will be advised that the City believes that there is reasonable suspicion to believe that he or she is affected by illegal drugs or alcohol (or due to the nature of the accident the policy mandates this) and that this test is being offered to confirm or deny this suspicion.

b. The employee will be transported the City Hall. One member of management or a designated attendant will accompany the employee.

c. Under no circumstances will the employee be allowed to drive himself to the testing facility.

d. Prior to leaving for the testing facility, management will contact the testing facility to inform it that a staff member from City will be arriving and will need a drug or alcohol test completed.

e. The employee should be provided water to drink prior to leaving the City premises.

f. The employee to be tested must sign a consent form provided by the testing facility. Refusal to sign is addressed under the "Consequences" section of this document.

g. A City representative must sign as a witness to the collection procedure, along with the tested employee.

h. After returning to the work or when leaving the testing facility, the supervisor must make arrangements to transport the person home (unless testing results are immediate). Under no circumstances will the tested employee be allowed to drive himself home.

a. Employees who test positive for any alcohol or drug(s) may agree to enter an authorized treatment program approved by the City, and agree to subsequent retesting for a period of two (2) years after returning from treatment, or the employee will be discharged immediately and will not be considered for rehire until he can show that he has remained alcohol/drug-free for a period of two (2) years or more.

13. Nothing in this statement of policy is to be interpreted as constituting a waiver of the City responsibility, to maintain discipline, or the right to take disciplinary measures in the case of poor performance or misconduct that may result from alcoholism or drug dependency.

1. Observation Checklist.

1. Drug Free Workplace Act of 1988.

2. Controlled substances are listed in Schedules I-V of 21 C.F.R. Part 1308.

3. Personnel Policy Number 04.12 - Employee Assistance Program.

1. Company premises - includes all buildings, offices, facilities, grounds, parking lots, lockers, places and vehicles owned, leased or managed by the City or on any site on which the City is conducting business.

2. Illegal drug - means a substance whose use or possession is controlled by federal law but that is not being used or possessed under the supervision of a licensed health care professional. (Controlled substances are listed in Schedules I-V of 21 C.F.R. Part 1308.)

3. Refuse to cooperate - means to obstruct the collection or testing process; to submit an altered, adulterated or substitute sample; to fail to show up for a scheduled test; to refuse to complete the requested drug testing forms; or to fail to promptly provide specimen(s) for testing when directed to do so, without a valid medical basis for the failure. Employees who leave the scene of an accident without justifiable explanation prior to submission to drug and alcohol testing will also be considered to have refused to cooperate and will automatically be subject to termination.

4. Under the influence of alcohol - means an alcohol concentration equal to or greater than .04, or actions, appearance, speech or bodily odors that reasonably cause a supervisor to conclude that an employee is impaired because of alcohol use.

5. Under the influence of drugs - means a confirmed positive test result for illegal drug use per this policy. In addition, it means the misuse of legal drugs (prescription and possibly OTC) when there is not a valid prescription from a physician for the lawful use of a drug in the course of medical treatment (containers must include the patient's name, the name of the substance, quantity/amount to be taken and the period of authorization).

1. This policy replaces Section 11.03.05 in the City Code of Ordinances (CCO).