CITY OF LODI

                            ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

 

 

 

 

 

SUBJECT:                                           :           DRUG-FREE WORKPLACE - Procedure

 

DATE ISSUED:                                   :           May 7, 2008

 

SECTION:                                           :           D

 

REFERENCE:                                     :           US DOT (FTA) 49 CFR Part 40;

                                                                        49 CFR Part 655;

            49 CFR Part 382;

                                                                        49 CFR Part 29;

                                                                        Drug Free Workplace Act of 1988;  Americans With Disabilities Act of 1990;

                                                                        The Rehabilitation Act of 1973;

                                                                        Rules for Personnel Administration;

 

 

 

 

 

SECTION 1:                                        PURPOSE 

 

The purpose of this procedure is to provide guidance to employees, supervisors, and managers in the recognition of drug/alcohol abuse by employees, and of the process by which to address the issues raised by such use.

 

 

SECTION 2:                                        SUPPORT SERVICES/EDUCATION /TRAINING

 

All employees may receive educational information and training regarding the detection and deterrence associated with the use of illegal drugs and alcohol use.  Safety Sensitive employees may receive training annually.  For immediate support and guidance employees may contact:

 

 

SAMHSA’S

Center for Substance Abuse Treatment

 

 

1-800-662-HELP (4357)

 

All

Employee Assistance Program

 

Substance Abuse Professional

 

(209) 333-6704

 

Please contact Human  Resources for additional information

 

 

 SECTION 3:                                       REASONABLE SUSPICION

 

Reasonable Suspicion is cause based on subjective evidence and objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol to the degree the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced.

 

It is the responsibility of the supervisor to gather specific facts and rational inferences from these facts which warrant reasonable suspicion that the particular employee is under the influence of drugs or alcohol.  Co-workers have the responsibility to notify supervisors or Human Resources immediately to report suspicious behavior. In all cases of suspicion of drug/alcohol abuse, all procedures shall be conducted under the auspices of the Human Resources Division.

 

Reasonable suspicion may be established by, but not limited to any of the following:

 

A.        Slurred speech;

B.         Alcohol odor on breath;

C.        Unsteady walking and movement;

D.        An accident involving City property;

E.         Physical or verbal altercation;

F.         Declining work performance;

G.        Possession of alcohol or unauthorized drugs;

H.        Information from a co-worker, City employee, or member of the public regarding an

             employee's performance level.

 

These are not the sole indicators for determining reasonable suspicion.  The number of reasonable suspicion indicators and amount of evidence supporting each indicator will determine whether there is reasonable suspicion to search or compel a test.  Consequently, any one indicator above or in combination with other indicators will not necessarily always indicate reasonable suspicion.  Each situation will have to be individually examined, obtaining as much evidence of impairment as possible.

 

 

SECTION 4:                                        SUPERVISORY RESPONSIBILITIES

 

Supervisors must distinguish between deficient employee behaviors that are ongoing or repeated in nature, and those that present immediate indication of drug/alcohol influence.

 

A.        Ongoing Behavior:       

 

A supervisor observing an employee demonstrating the above indicators and/or exhibiting ongoing behavior which could cause reasonable suspicion of drug/alcohol abuse shall contact the Human Resources Division immediately and may:

 

1. Counsel the employee regarding areas of declining work performance and recommend the employee utilize the Employee Assistance Program for intervention and rehabilitation. 

 

2. Document the behavior which has given rise to the suspicion of substance abuse;

 

3. Inform the appropriate higher level supervisor/manager of the supervisor's observations, interventions, and if applicable, intent to recommend substance abuse testing.

 

Drug/alcohol testing is used as a last resort after an employee refuses an EAP referral or EAP recommendations are rejected. 

 

After a supervisor has received training on drug/alcohol abuse testing and referral, and taken all measures outlined above, he/she may direct an employee to take a test in accordance with the procedures outlined in Attachment A.

 

B.         Immediate Presentation of Indicators:               

 

Supervisors may request an employee to submit to a drug /alcohol testing when there is a reasonable suspicion that an employee is under the influence of drugs or alcohol. When there is reasonable suspicion that an employee is under the influence of drugs or alcohol, the supervisor is required to prevent the employee from engaging in further work and advise the employee to remain at the work site until transportation arrangements can be made.  Such employee shall be transported to the appropriate physician/laboratory for drug/alcohol testing by his/her most available supervisor.  Upon completion of the sample collection, transportation to the employee's residence shall be provided by the supervisor or a member of the employee's family.  Employees who insist on driving and who may be under the influence of drugs or alcohol are subject to arrest by a peace officer. 

 

Employees will not be permitted to work until the results of the test have been determined.  Upon receipt of the laboratory analysis results, employees will be notified.  If a test result is positive, the time the employee was absent from work between the specimen collection and notification of results shall be unpaid.  If the test result is negative, then the interim time period shall be considered administrative leave with pay.

 

Supervisors requesting an employee to submit to a drug/alcohol test shall document, in writing within 24 hours, the facts constituting reasonable suspicion that the employee is intoxicated or under the influence of drugs.

 

The City may search, without employee consent, all areas and property in which the City maintains control or joint control with the employee including, but not limited to, City vehicles, desks, containers, files, lockers and storage facilities.  Whenever possible, prior to a search for drugs or alcohol, an attempt shall be made to contact the employee at work or at home to allow the employee to be present during the search.  When it is not possible reach the employee or the employee is not present within a reasonable period of time (i.e. not later than 45 minutes), the search shall be conducted by a minimum of two people - the supervisor conducting the search and an observer such as a second supervisor, a law enforcement officer or a neutral observer.  For Police Officers, searches of lockers or an assigned storage space shall be conducted as provided by Government Code Section 3309.  Otherwise the City may notify the appropriate law enforcement agency that an employee may have illegal drugs in his/her possession or in an area not jointly or fully controlled by the City.

 

Supervisors shall not physically search the person of employees, nor shall they search the personal possessions of employees.  Supervisors shall notify the appropriate Department Head or designee when they have reasonable suspicion that an employee may have illegal drugs or alcohol in his or her possession, including areas such as parking areas, break rooms, etc.  If the Department Head or designee concurs that there is reasonable suspicion of possession, then he/she may notify the appropriate law enforcement agency.

 

 

SECTION 5:                                        CONTROLLED SUBSTANCE (DRUGS) AND/OR ALCOHOL TESTING OF EMPLOYEES

 

There shall be no random or general testing except as required by federal and/or state law. The City of Lodi shall require every covered employee who performs a safety-sensitive function as described in the FTA regulations Part 655 to submit to a pre-employment, post-accident, random, reasonable suspicion, or a follow-up drug and alcohol test as described in this policy.

 

An employee may be asked to submit to a urine test to determine the use and/or presence of controlled substances. Alcohol testing shall be conducted by using an evidential breath testing device.

 

Should an employee be directed to undergo drug/alcohol testing the following provisions shall apply:

 

A.  All testing shall be performed by a National Institute of Drug Abuse (NIDA) certified facility, determined by the City.

 

B.     The initial testing shall use the radioimmunoassay (RIA) screening process. If the results are positive, the results will confirmed by the gas chromatography/mass spectrometer (GC/MS) method.

 

C.     Alcohol testing is only permitted just before, during, and just after the performance of safety-sensitive duties.

 

D.     If the initial test result is positive and the confirmation test result is negative, the overall screening is considered negative.

 

E.  In the event of a positive result, the specimen shall be retained and preserved by the laboratory for a minimum of one year. If during this period the employee requests, the specimen will be forwarded to another laboratory for independent testing.  The cost of this additional handling and testing shall be borne by the employee.

 

F.         If the employee tests positive for a substance(s) with a medically recognized usage as a prescription drug without having disclosed such usage before the test, the employee shall be given the opportunity to produce a prescription for the drug or a physician's (or dentist's) statement relative to the need for such a drug.  The said prescription must be dated before the date of the drug screen.

 

G.        In the case of marijuana, the level of the positive test is set high enough to exclude people who have had a casual encounter with the drug, such as being in a room where it is smoked by someone else.  A test threshold (NG/ML) for THC - the active substance in marijuana - is used as cutoff, which ensures that someone who registers positive has indeed ingested such a substantial amount of that drug that it precludes inadvertent exposure.

 

H.        The results of the drug screening shall be reviewed by a Medical Review Officer (MRO) for interpretation and validation.  The medical provider shall inform the employee and Human Resources of the results of the screening.

 

* Testing is based on DOT minimum thresholds in 49 CFR Part 40.

 

SECTION 6:                                        CONFIDENTIALITY

 

Specific treatment services provided by the SAP and/or EAP provider are confidential and are not released without the employee's authorization.  Specific information shared with SAP or EAP staff is confidential unless required by law for child abuse or threats of bodily harm.

 

Laboratory reports or test results shall be maintained by the medical provider.  Any written records of the test results shall not be placed in an employee's personnel file, but shall be maintained in a separate confidential file unless used to support a disciplinary action.  The confidential file shall be maintained by the Human Resources Division. The reports or test results may be disclosed to City management and/or supervisory staff on a strictly need-to-know basis and to the tested employee upon request.  Disclosures, without the employee's consent, may also occur when the information:

 

A.        requires immediate contact to the employee

B.         is compelled by law or by judicial or administrative process;

B.         has been placed at issue in a formal dispute between the City of Lodi and the

            employee;

C.        is needed by medical personnel for the diagnosis or treatment of the patient who is

            unable to authorize disclosure.

 

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 DOT regulated agency or employer.  Former employees seeking employment with another DOT regulated agency shall authorize the City in writing to provide the required drug and alcohol testing information to that agency.

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.  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.

 

 SPECIMEN COLLECTION PROCEDURE

 

When an individual is directed by the City to the medical provider for drug/alcohol screening, the following procedure is observed:

 

1.         The screening procedure is explained to the individual and any questions answered by the medical provider.

 

2.         The individual is asked to provide all pertinent information to the medical provider and sign a waiver authorizing release of the results to the City of Lodi.

 

3.         The medical provider conducts the screening in a manner so as to prevent tampering and ensure confidentiality.  Such procedure shall include, but not be limited to identification verification, removal of all unnecessary garments and bags prior to collection, washing hands, and temperature testing.

 

4.         The specimen shall be sealed, labeled, and initialed by the medical provider and the employee, without the container leaving the employee's presence.

 

5.         An employee will be selected at random each quarterly draw to complete a portion of a Collection Audit Checklist form with Human Resources.

 

 

 

 

 

 

 

COLLECTION AUDIT CHECKLIST

 

 

BASIC INFORMATION

 

 

 

 

 

Step-1   Verify that collectors are trained and certified

Yes____

No____

Step-2   Verify that collectors have proof of Proficiency demonstration

Yes____

No____

Each collector must demonstrate proficiency in collections under this part by completing five consecutive error free mock collections. The five mock collections must include two uneventful collection scenarios, one insufficient quantity of urine scenario, one temperature out of range scenario, and one scenario in which the employee refuses to sign the CCF and initial the specimen bottle tamper evident seal.

Step-3    Does the clinic know who to contact at the division?

Yes____

No____

An employer must provide to collectors the name and telephone number of appropriate DER to contact about any problems or issues that may arise during the testing process.

 

 

 

PREPARATION OF RESTROOM

 

 

 

 

 

Step-1   Did the collector properly secure all water sources and add   

              bluing agent to the toilet?

 

 

Step-2   Did the collector ensure that there are no foreign

             substances/items in the restroom prior to allowing the donor to

             go inside restroom?

Yes____

No____

Step-3   Did the collector explain the basic procedures to the donor or

              show the donor the instructions on the back of the CCF?

Yes____

No____

 

 

 

COLLECTION OF URINE SAMPLE

 

 

 

 

 

Step-1    Did the collector require to see a valid ID from donor?

Yes____

No____

Step-2    Did the collector require the donor to empty pockets?

Yes____

No____

Step-3    Did the collector require the donor to remove hat, jacket?

Yes____

No____

Step-4    Did the collector require the donor to wash and dry hands?

Yes____

No____

Step-5    Did the collector let the donor pick the cup to be used for

               collection?

Yes____

No____

Step-6    Did the collector open the cup in front of the donor?

Yes____

No____

Step-7    Did the collector instruct the donor to provide at least 45ml of

               urine and to come out of the restroom within 4 minutes?

Yes____

No____

Step-8    Did the collector ensure that the donor does not take anything

               other than the collection cup with them into the restroom?

Yes____

No___

Step-9    Did the collector instruct the donor not to flush the toilet?

Yes____

No____

Step-10  Did the collector read the temp strip and mark it on the CCF?

Yes____

No____

Step-11  Did the collector pour the urine into two vials in front of the

              donor?

Yes____

No____

Step-12  Did the collector write the date on the seal strips?

Yes____

No____

Step-13  Did the collector have the donor initial the seal strips directly on

               the vials?

Yes____

No____

Step-14  Did the collector sign all appropriate boxes accordingly on the

               CCF?

Yes____

No____

Step-15  Did the collector have the donor sign the CCF (step 5) and did the    collector verify the name written on the CCF?

Yes____

No____

Step-16  Did the collector seal up the specimen in the pouch correctly?

Yes____

No____