CITY OF
ADMINISTRATIVE
POLICY AND PROCEDURE MANUAL
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SUBJECT: : DRUG-FREE WORKPLACE - Policy
DATE ISSUED: :
SECTION: : D
REFERENCE: : Drug Free Workplace Act of 1988;
Americans With Disabilities Act of 1990; The Rehabilitation Act of 1973.
SECTION 1: PURPOSE
City of Lodi is committed to protecting the safety, health and well being of all employees and other associated individuals in our workplace. We recognize that alcohol abuse and drug use pose a significant threat to our goals. We have established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug-free environment.
· This policy recognizes that employee involvement with alcohol and other drugs can be very disruptive, adversely affect the quality of work and performance of employees, pose serious health risks to users and others, and have a negative impact on productivity and morale.
· As a condition of employment, this organization requires that all employees adhere to a strict policy regarding the use and possession of drugs and alcohol.
· This organization encourages employees to voluntarily seek help with drug and alcohol problems.
SECTION 2: POLICY
STATEMENT
It
is a violation of our drug-free workplace policy to manufacture, use, possess,
distribute, trade, and/or offer for sale alcohol, illegal drugs or intoxicants.
Our drug-free workplace policy is intended to apply whenever anyone is
representing or conducting business for the organization. Therefore, this
policy applies during all working hours, lunch hours and whenever conducting
business or representing the organization,
while on paid standby, on or off City property including vehicles. Any individual who conducts business
for the organization, is applying for a position, or is conducting business on
the organization's property is covered by our drug-free workplace policy. Our
policy includes, but is not limited to executive management, managers,
supervisors, full-time employees, part-time employees, off-site employees,
contractors, volunteers, interns and applicants.
Drug and alcohol consumption on and/or off the
job can adversely affect job performance and employee/public safety. The City respects the privacy of its employees
and contractors unless involvement with drugs and/or alcohol off the job
adversely affects job performance and employee/public safety.
SECTION 3: COMPLIANCE
The U.S. Department of Transportation DOT has published 49 CFR Part 29, implementing the Drug-Free Workplace Act of 1988, which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA. The (DOT) adopted 49 CFR Part 40 (Revised), which outlines procedures for transportation workplace drug and alcohol testing programs. This Policy incorporates these federal requirements for employees when performing safety-sensitive functions, as well as other provisions as noted.
The Federal Transit
Administration (FTA) of the U.S. Department of Transportation 49 CFR (Code of
Federal Regulations) Part 655 and 382 mandates urine drug testing and
breathalyzer alcohol testing, for employees performing safety-sensitive
functions. The regulation prevents the
performance of safety-sensitive functions when there is a positive test result
or test refusal. A safety-sensitive function is:
1) Maintenance personnel, who perform various repairs to revenue vehicles (including
repairs, overhaul and rebuilding)
2) Employees with a commercial driver’s license that will operate a revenue service, or
non-revenue service DOT funded transit vehicle (includes the operation of the Lifts or
anyone who assists passengers to assure they are secured in the vehicles).
3) Drivers operating a revenue service vehicle, including when not in revenue service.
4) Dispatch personnel and supervisors who control the movement of any revenue
service vehicle.
Federal Contractors and grantees must certify
that they will provide drug-free workplaces as a pre-condition to receiving a
contract or grant from any Federal agency.
Failure to comply with the requirements of the Drug-Free Workplace Act
may result in the following sanctions:
A. suspension
of payments under the grant;
B. termination
of the grant; or
C. debarment from any grant award from any Federal agency for a
period up to five (5) years.
Such penalties may be applied to
contractors/grantees who have made false
certifications of compliance with the Act.
SECTION 4: COMPLIANCE
OF EMPLOYEES
All employees shall agree to abide by this
condition of employment and shall notify the City of any criminal drug statute
conviction for a violation occurring in the workplace no later than five (5)
days after such conviction.
In those instances where City employees, who are
employed under Federal contract or grant, are convicted of criminal drug
statutes violations occurring in the workplace, the City shall notify the
grantor agency within ten (10) days after receiving notice from such employees or
otherwise receiving actual notice of such convictions.
The City of
Any employee (safety sensitive or non-safety sensitive) who refuses to comply with a request for testing, who fails to remain readily available for post-accident testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration or substitution, shall be removed from duty immediately. Refusal can include an inability to provide a specimen or breath alcohol sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test.
SECTION 5: ENFORCEMENT
In conjunction with Human Resources, department
directors, managers, and supervisors are responsible for reasonable enforcement
of this policy and the Drug-Free Workplace Procedure.
SECTION 6: SPECIFIC
APPLICATIONS
Driver's License: Employees
operating vehicles and equipment requiring the possession of a specified class,
certificated or endorsed driver/operator license by the California Department
of Motor Vehicles, or any other federal or state agency, may be subject to
drug/alcohol screening in order to obtain and maintain such licensing
Accidents: Employees directly involved in
an accident, including vehicular accidents, or who may have been involved in
the sequence of events leading up to an accident, is subjected to testing as
part of the accident investigation process.
Not withstanding laws to the contrary, the supervisor will determine
whether employees should be directed for drug/alcohol testing based upon
reasonable suspicion.
SECTION 7: Opportunities
of Rehabilitation
The City of
An employee who has a drug and/or alcohol abuse
problem and has not been selected for reasonable cause, random or post-accident
testing or has not refused a drug or alcohol test or is not involved in
disciplinary proceedings, may voluntarily refer her or himself to the Human
Resources Manager or Internal Services Director, who will refer the individual
to the City’s Substance Abuse Professional at the expense of the employee. The SAP will evaluate the employee and make
specific recommendation regarding the appropriate treatment. When an employee
voluntarily refers her or himself for treatment, the employee may be eligible
for sick leave and disability benefits. Employees
will be allowed to take accumulated vacation time or may be eligible for unpaid
time off to participate in any rehabilitation program at the employee’s
expense. In addition, the City of
Supervisors/managers may refer an employee to the
EAP for reasonable suspicion of drug abuse. Supervisors are encouraged to refer
employees to the EAP for intervention. EAP services are confidential and
supervisory referred employees are requested to sign a release of information
for attendance purposes if sessions are scheduled during working hours.
SECTION 8: PRESCRIPTION
MEDICATION /LEGAL DRUGS
A legally prescribed drug means that an individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. The misuse of legal drugs while performing transit business is prohibited at all times. Any employee taking any medication with a warning label will be required to provide the following:
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills or judgment may be adversely affected must be reported to supervisory personnel. Medical advice should be sought, as appropriate, while taking such medication and before performing work-related duties.
An
employee taking prescribed drugs which may interfere with safe work performance
is required to provide written documentation from the prescribing physician
indicating the level of interference with job performance. The prescription or approval must
include the patient’s name, the name of the substance, quantity/amount to be
taken, the period of authorization and physician’s signature that the employee
may continue to perform safety-sensitive functions while taking such medication
The
employee's immediate supervisor or department head shall determine on a
case-by-case basis the employee's ability to perform employment
responsibilities in conjunction with Human Resources. Failure to notify a supervisor may result in
disciplinary action in accordance with City policy and procedure. An employee may be required to provide a
statement from a licensed physician, indicating when the employee is able to work
safely, or any limitations she/he may have while taking the prescribed
medication.
SECTION 9: PRE-EMPLOYMENT
DRUG TESTING
As an employer the City is required to verify previous violations of DOT drug and alcohol regulations within the last two years of employment with a DOT regulated agency or employer.
An
employer must obtain and review the information listed below from any
DOT-regulated employer the employee performed safety-sensitive functions for in
the previous two years. The information
must be obtained and reviewed prior to the first time an employee performs
safety-sensitive functions. If not
feasible, the information should be obtained no later than thirty (30) days
after the first time an employee performs safety-sensitive functions. The information obtained must include:
1. Information of the employee’s alcohol test in which a breath alcohol
concentration of 0.04 or greater was indicated.
2. Information of the employee’s controlled substance test in which a positive
result was indicated.
3. Any refusal to submit to a required alcohol or controlled substance test.
(including verified adulterated or substituted drug test results)
4. Other violations of DOT agency drug and alcohol testing regulations.
Applicants
will be asked whether her or he has tested positive,
or refused to test on a pre-employment drug or alcohol test while trying to
obtain safety sensitive transportation work from an employer covered by a DOT
agency during the past two years. If
applicant admits that he or she had a positive test or refusal to test, the applicant
will not be eligible for the position. Job
offers made by the City of