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SUBSTANCE ABUSE POLICY 1 Update 4/6/1999 I. INTRODUCTION The City of Lewiston is committed to a drug and alcohol free workplace. In order to ensure the safety of its employees and the general public, as well as compliance with Federal Regulations, the City has adopted this policy. The specific regulation which mandates alcohol and substance testing is Title 49 of the Code of Federal Regulations (CFR), Parts 391 and 394. The City of Lewiston takes pride in its employees, who perform critical duties in a truly effective manner with safety foremost in their minds. This policy strengthens our commitment to a safe workplace. II. PROGRAM ADMINISTRATOR The Human Resources Director has been designated by the City as the Alcohol/Drug Testing Program Administrator. In this function, the Human Resources Director will be responsible to answer any questions from drivers, employees or the public in general. The Program Administrator will handle all information on all tests as confidential. The Program Administrator may provide such information as necessary to enable the appropriate department head to take the proper actions as warranted. The Program Administrator may also release test information to the City's Employee Assistance Professional to use to evaluate and recommend appropriate follow-up. III. PROGRAM OBJECTIVES A. To provide employees with access to confidential counseling and/or rehabilitation programs and to detect illegal and unauthorized substance abuse and contraband in the workplace. B. To reduce the opportunities for accidents and injuries and prevent damage to property. C. To improve productivity, ensure quality, and to minimize employee absenteeism and tardiness. IV. SCOPE OF PROGRAM This policy will apply to all regular full-time, part-time, and temporary employees who are required to hold a Commercial Driver's License (CDL) for their position. Compliance with this policy will also be required of successful job applicants, who will be hired contingent on passing both drug and alcohol tests. NOTE: All covered employees shall receive a copy of this policy, as well as a copy of the educational materials covered in the employee education session on substance abuse. ---PAGE BREAK--- SUBSTANCE ABUSE POLICY 2 Update 4/6/1999 V. SUBSTANCES TESTED The following substances will be tested to determine their presence: 1. Alcohol 2. Marijuana 3. Cocaine 4. Amphetamines 5. (PCP) 6. Opiates VI. COMPLIANCE WITH REGULATIONS All CDL employees subject to alcohol and drug testing must be in compliance with this policy at all times while working for the City. This will include all time spent operating commercial vehicles, as well as time spent maintaining or repairing these vehicles. VII. PRESCRIPTION DRUG USE Employees covered by this policy may use prescription drugs and "over the counter" medications provided: 1. The prescription drugs or their generic equivalent have been prescribed to the employee within the past 12 months by an authorized medical practitioner. 2. Employees do not consume prescribed drugs more often than as prescribed by the employee's physician, and do not allow any other person to consume the prescribed drug. 3. Any employee who has been informed that the medication could cause adverse side effects while working, informs his/her supervisor prior to using these substances. The City at all times reserves the right to have a licensed physician determine if use of a prescription drug or medication by an employee produces an adverse effect. If such a finding is made, the City may notify the employee's doctor (with permission) to determine if other medications are available which would not seriously affect the employee's ability to work safely. If an appropriate substitute medicine is not available, the City may have to limit or suspend the employee's work activities to non-safety sensitive duties. VIII. TESTS REQUIRED All CDL employees who come under this policy shall be tested for alcohol and/or controlled substances under the following circumstances: 1. Pre-employment or pre-use. Alcohol and drug tests will be conducted when an offer is made to hire an employee for a CDL position. The offer for employment will be contingent on the applicant passing these tests. This includes existing employees who are applying for CDL positions. ---PAGE BREAK--- SUBSTANCE ABUSE POLICY 3 Update 4/6/1999 2. *Random. Testing will be conducted on a random unannounced basis. The number of annual drug tests shall equal 50 positions, while the number of annual alcohol tests shall equal 25 City of Lewiston has entered into an agreement with a third party administrator (TPA) to randomly select the CDL employees for testing and then notify the Program Administrator of the person or persons chosen. 3. Post-accident. Employees will be alcohol and drug tested in all accidents involving a fatality. The employee will also be tested if he/she receives a summons for a "moving traffic violation," and must receive medical treatment away from the accident scene, or the employee receives a violation and a vehicle must be towed regardless of responsibility. 4. Reasonable suspicion. All employees who exhibit to two trained supervisors signs and of alcohol and/or drug abuse, while on the job, prior to reporting to work, or just after work will be required to submit to an alcohol and/or drug test. The supervisors shall document the specific facts, or observa- tions by completing a "Reasonable Suspicion Record" form. If an employee suspects a supervisor of substance abuse, the employee will notify the Department Head, Human Resources Director, Assistant City Administrator or City Administrator of the employee's suspicions. The Human Resources Director or Department Head will act in accordance with the appropriate sections of this policy. All employee reports will be kept strictly confidential. Anonymous complaints will not be investigated. 5. Return-to-work. An employee who previously tested positive must submit to an alcohol test and drug test to return to duty. The results must be negative to return to work. 6. Follow-up. An employee who previously tested positive and has returned to duty must submit to a combination of at least six alcohol and drug tests during the first year after returning to work. Follow-up tests will be unannounced and may continue for up to sixty (60) months after returning to work, not to exceed twelve (12) a year. *Random alcohol testing must be conducted just before, during or just after a driver's performance of safety-sensitive duties. Random drug testing does not have to be conducted in immediate time proximity to performing safety-sensitive functions. IX. TESTING PROCEDURES The City of Lewiston is contracting with a (TPA) to do the City's alcohol and substance abuse testing. When an employee has been randomly selected, he/she will be notified by his/her appropriate supervisor and both will proceed directly to the testing area. All randomly selected individuals must comply with the testing. Sampling for substance abuse testing shall only be conducted in a medical facility supervised by a licensed physician or nurse. Employees and job applicants for CDL positions shall not be required to provide a urine sample while being observed, directly or indirectly, by another individual. People shall leave any personal belongings including ---PAGE BREAK--- SUBSTANCE ABUSE POLICY 4 Update 4/6/1999 any unnecessary clothing, coat, jacket or similar outer garment outside the collection area. All specimen samples shall be collected, sealed and stored in compliance with the National Institute on Drug Abuse (NIDA) guidelines as required by Federal Law, and transported to a licensed and certified laboratory for actual testing. Additionally, the chain of custody requirements for these samples shall also be in accordance with NIDA guidelines and the Federal Law in order to protect the sample from being tampered and to verify the identity of each sample and test result. When the sample is first collected a portion of the sample shall be segregated according to federal regulations. In the event there is a positive test with the first sample, the segregated sample may be requested by the employee for testing within seventy-two (72) hours after the employee is notified by the MRO of the positive test to confirm the accuracy of the results. This request should be made to the MRO. The employee shall pay the cost of testing the segregated sample if the test is positive and the City shall pay the cost if the test is negative. (Applicants shall pay the cost of testing the segregated sample regardless of the test results). If the employee is aware of a situation that may have led to the positive test, such as taking of prescription or other medicines, he/she should make the fact known to the MRO within the required time after notification of a positive test. The City shall utilize the services of a Medical Review Officer (MRO) to interpret any confirmed positive test. An MRO is a licensed physician who is responsible for receiving the laboratory results. The MRO has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's medical history and any other medical information. The MRO shall have the authority to discuss an employee's test result with the employee prior to notifying the City. Once the employee has been notified and the MRO is satisfied with the accuracy of the test results, the City shall be notified. All alcohol testing will be conducted with a Breath Testing Device (EBT), which will be administered by the same medical facility as the substance testing. Two breath tests are required to determine if a person has an unacceptable alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a negative test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted within fifteen (15) minutes. The employee and the individual conducting the breath test shall complete the alcohol testing form to ensure that the results are properly recorded. Any individual who conducts the testing must be trained to operate the EBT and be proficient in the breath testing procedures. X. PROHIBITED CONDUCT During the time that the City's CDL employees are performing their work, they shall not do any of the following: ---PAGE BREAK--- SUBSTANCE ABUSE POLICY 5 Update 4/6/1999 1. Report to work and/or remaining on duty with an alcohol concentration of 0.04 or greater; 2. Possess any alcohol; 3. Use any alcohol; 4. Use any alcohol within four hours of going on duty; 5. Use any alcohol within eight hours after an accident which has required the CDL employee to be tested for alcohol concentration; 6. Refuse to submit to a required alcohol and/or controlled substance test; 7. Report to or remain on duty when using any controlled substance, except when used under a physician's orders and when the physician has informed the CDL employee in writing that the use will not affect the safe operations of a commercial vehicle. In the case of a written warning by the physician the employee shall report this to his/her supervisor immediately; 8. Report to or remain on duty if the employee has tested positive for controlled substances. Failure to comply with these rules is a violation of this policy, and will result in disciplinary action or referral to a certified rehabilitation program. XI. REFUSAL TO TEST Failure to submit to testing will automatically be considered a verified positive test and he/she will have to follow the procedures outlined in this policy. Specifically, the following circumstances will be considered a refusal to test. 1. Failure to report to the designated testing area within thirty (30) minutes of being notified to submit to a required test. 2. Failure to accurately provide a sufficient sample to be tested, either breath or urine as the case may be, unless medically determined impossible to do so. XII. DISCIPLINARY ACTION Any employee who violates this policy may be subject to disciplinary action up to and including dismissal. Factors to be considered in determining the appropriate disciplinary response include, but are not limited to the following: Employee's work history, length of employment, current job performance and existence of past disciplinary actions. Specific actions which may be subject to dismissal include, but are not limited, to the following: ---PAGE BREAK--- SUBSTANCE ABUSE POLICY 6 Update 4/6/1999 1. Refusal to submit to a rehabilitation program after testing positive. 2. Failure to successfully complete a rehabilitation program after receiving a positive test. 3. The employee has twice substituted, adulterated, diluted or otherwise tampered with his/her urine sample. 4. While on City premises, the employee was caught drinking alcohol or using, manufacturing, distributing, dispensing, selling, or possessing any illegal or unlawfully obtained substances or drugs. 5. The use of alcohol while on City premises. This includes a conviction for driving while intoxicated (OUI) during work hours. 6. Failure to contact the City's approved substance abuse clinician (EAP Provider) within five regular working days after being notified of a confirmed (MRO certified) positive test for the use of an unauthorized substance. Any permanent employee who tests positive the first time for either alcohol or substance misuse will be offered an opportunity for rehabilitation. After the insurance requirement has been met, and the deductible has been paid by the employee, the City will pay the remaining eligible costs of the rehabilitation until June 30, 1995. After said date, the remaining eligible costs shall be deferred to negotiations. The offer of rehabilitation does not apply to job applicants, temporary or probationary employees. Employees who test positive a second time will be suspended immediately without pay and terminated after being notified of the second confirmed (MRO certified) positive test for the use of an unauthorized substance. Employees who are found to have an alcohol concentration of 0.02 or greater, but less than 0.04, will be placed on unpaid leave for a minimum of twenty-four (24) hours. NOTE: During the period the City is awaiting an employee's test result due to a post-accident or reasonable suspicion circumstance, the City may transfer the employee to another position with no reduction in pay or benefits. The City also reserves the right to place an employee on paid or unpaid suspension. A determination as to whether an employee is placed in another position or placed on paid or unpaid suspension may be based, but not limited to who is responsible for and/or the severity of the accident, if applicable; the observed condition of the employee, if applicable; the employee's work history; length of employment; current job performance and the existence of past disciplinary actions. XIII. EMPLOYEE/APPLICANT RIGHTS AND RESPONSIBILITIES It is the responsibility of each employee to seek help before alcohol and drug problems lead to disciplinary action. ---PAGE BREAK--- SUBSTANCE ABUSE POLICY 7 Update 4/6/1999 In the event of a positive test result, employees and job applicants shall have the opportunity to present an alternative explanation for the test result by contacting the Medical Review Officer (MRO). This shall be done no later than five days after notification of the result. No further action will be taken if there is a justified explanation, or there is a reasonable doubt as to the accuracy of the result or chain of custody of the sample. Any employee or job applicant with a positive test result may also, upon written request within five working days, have the right to any information relating to the test result and procedures. Any permanent employee who tests positive for a first offense, and cannot provide a satisfactory explanation, will be offered EAP referral to a certified rehabilitation program. Any first offense referral may require an indefinite suspension of regular employment or the transfer of the employee to a non-safety sensitive position with an appropriate reduction in pay. If the position is in a lower pay classification, then the employee will remain in his/her current step, but with a reduction in classification which would result in a reduced pay until the admission and completion of an approved drug/alcohol treatment program and the satisfactory passing of a return-to-work substance abuse test. A deter- mination as to whether an employee is placed in another position or placed on unpaid suspension may be based, but not limited to who is responsible for and/or the severity of the accident, if applicable; the observed condition of the employee, if applicable; the level of the test result; the employee's work history; length of employment; current job performance and the existence of past disciplinary actions. The employee may use accumulated sick or vacation time or personal time during the in-patient rehabilitation. Upon successfully completing the rehabilitation program, as determined by the rehabilitation or treatment provider in consultation with the City, the employee is entitled to return to his/her previous job with full pay and benefits. The exception would be if conditions unrelated to the employee's previous test make the employee's return impossible. Any subsequent second offense positive test will result in immediate suspension without pay and terminated after being notified of a second confirmed (MRO certified) positive test for the use of an unauthorized substance. XIV. CONFIDENTIALITY OF INFORMATION Unless the employee or applicant consents, all information acquired by the City in the testing process is confidential and may not be released to any person other than the employee or applicant who is tested, the Program Administrator, respective department heads or designees, as well as the EAP or Rehabilitation Provider. The foregoing shall not prevent the release of information that is required or permitted by state or federal law, or the use of information in any grievance procedure, administrative hearing, or civil action relating to the imposition of the test or the use of the test results. ---PAGE BREAK--- SUBSTANCE ABUSE POLICY 8 Update 4/6/1999 XV. EDUCATIONAL SESSIONS The City will provide each employee subject to this policy a copy of the written policy. The City will also provide printed material which describes the effects of alcohol and/or controlled substances on the individual's health, work and personal life, as well as information on the signs and of alcohol or controlled substances. In addition, the City will provide annual training for affected employees on substance abuse awareness. Any employee who wishes to seek personal and confidential advice on alcohol and/or controlled substances may contact the City's Employee Assistance Provider. XVI. ACKNOWLEDGMENT I certify that I have received a copy of the City of Lewiston Substance Abuse Policy and other printed material explaining the effects of alcohol and/or controlled substances. (Employee's Signature) Date (Supervisor's Signature) Date