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HomeMy WebLinkAboutReso. 1989-287 - Adopting a substance abuse policy for the unrepresented employees of the city of redding I I RESOLUTION NO. 89,287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING A SUBSTANCE ABUSE POLICY FOR THE UNREPRESENTED EMPLOYEES OF THE CITY OF REDDING. WHEREAS , the Drug Free Workplace Act of 1988 as passed. by Congress requires that all federal grant recipients, including cities, will have to announce and establish an anti-substance abuse policy for the workplace; and WHEREAS , such a policy is sound in that it attempts to ensure that employees are in a condition to perform their duties safely and efficiently in the interests of the public, their fellow workers , and themselves; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that City Council hereby adopts a substance abuse policy for the unrepresented employees of the City of Redding, effective on the date hereof, as set forth in Exhibit "A" attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 15th day of August 1989 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen, & Carter NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS: None SCOTT CARTER, Mayor City of Redding ATTEST: FORM PROVED: > ETHEL A. NICHOLS, City Cleric RA1DALL A. HAYS , ity Attorney oy °q I • e . , 411 4111 August 9, 1989 ALCOHOL AND DRUG ABUSE POLICY; City of Redding •f PURPOSE The purpose of this policy is to comply with the Drug Free Work Place Act of 1988 as passed by Congress. HR5210 requires that all Federal grant recipients, including cities, establish an anti-drug policy for the work place. HR5210 requires the City to: 1 . Establish a drug free awareness program for employ- ees. 2 . Publish a notice to all employees specifying that drugs are illegal in the work place and that action will be taken for violations. 3 . Provide each employee directly involved in the performance of a federal grant with a copy of said notice. 4. Make employment conditional upon compliance with this policy and require the employee to notify the em- ployer within five working days of a conviction due to a drug related offense occurring in the work place. 5. Notify the applicable granting federal agency within ten days of an employee ' s conviction due to a drug related offense occurring in the work place. 6. Sanction employees for violation and/or require participation in a treatment program. • 7. Make a good faith effort to maintain a drug free work place by following the above requirements. In addition to the fact that such requirements are established by law, a drug free policy is appropriate in that it attempts to ensure that employees are able to perform their duties safely and efficiently. While the City of Redding has no intention of intruding into the private lives of its employees , it does believe that involvement with drugs and alcohol can take its toll on job performance and employee safety. ; A key element of this policy is rehabilitation. Employees who believe they have a problem are urged to contact the Personnel Department for referral to community resources. � I The key focus of this policy is prevention through educating employees on the dangers of alcohol and drug abuse, and reha- bilitation for those who have such problems. Any disciplinary actions will be evaluated on a case-by-case basis and shall be used as a last resort after rehabilitation efforts have failed. 4 Alcohol and Drug Abuse Policy Page 2 TI POLICY It is City policy that employees shall not be under the influ- ence of alcohol or drugs while on duty, nor possess alcohol or drugs while on City property, or at work locations, or in uniform, nor shall employees sell or provide drugs or alcohol to any other employee or to any person while such employee is on duty, nor shall any employee have their ability to work impaired as a result of the use of alcohol or drugs when reporting for work. While use of medically prescribed drugs is not a violation of this policy, failure by the employee to notify his or her supervisor before beginning work when taking drugs which foreseeably interfere with an effective performance of duties or operation of City equipment, can result in discipline up to and including termination. In the event there is a question regarding an employee ' s ability to safely and effectively I perform assigned duties while using such medication, clearance from a qualified physician may be required. Refusal to submit immediately to an alcohol and/or drug analy- sis when requested by City management or law enforcement personnel, as a result of reasonable suspicion, may constitute insubordination and may be grounds for discipline up to and including termination. Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further City work and shall be detained for a reasonable time until he or she can be safely transported from the work site. Higher standards may be promulgated based upon specific job requirements as determined by City management. III APPLICATION This policy applies to all City employees and to all applicants for positions with the City. This policy applies to alcohol and to all substances, drugs or medications, legal or illegal, which could impair an employee ' s ability to effectively and safely perform the functions of the job. IV EMPLOYEE RESPONSIBILITIES An employee must: a. Not report to work while his or her ability to perform job duties is impaired due to on-duty or off-duty alcohol or drug use. b. Not directly, or through a third party, sell or provide drugs or alcohol to any person, including any , 411 III Alcohol and Drug Abuse Policy Page 3 employee while either employee or both employees are on duty. c. Submit immediately to an alcohol and/or drug test when reasonable suspicion of alcohol and/or drug use exists on the job and when requested by a responsible City representative. d. Notify his or her supervisor before beginning work when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties including opera- tion of City equipment. e. Provide within 24 hours of request bonafide verifi- cation of a current valid prescription for any potentially impairing drug or medication identified when a drug screen is positive. • f. Notify the City of Redding within five working days after being convicted of any drug related offense occurring in the work place. g. Notify the appropriate first-line supervisor upon observation of another City employee whose behavior and/or physical characteristics are reasonably suspicious and harmful to himself/herself and/or others . V MANAGEMENT RESPONSIBILITIES AND GUIDELINES a. Managers and supervisors are responsible for understanding this policy and applying it without bias or prejudice. b. Managers and supervisors must avail themselves of training on the employer ' s role in handling the special problems of employees who suffer from alcohol or drug dependency. c. Managers and supervisors may request that an employee submit to a fitness-for-duty examination when there is reasonable suspicion that an employee is impaired, and is unable to perform the job duties required in a safe and efficient manner. When doing so, the manager or supervi- sor is required to document, in writing, the facts and circumstances leading to the reasonable suspicion that the employee was impaired and could not perform safely on the job. (Note: First-line supervisors should consult with their supervisors, department directors and Director of Personnel, and a joint decision should be made as to whether or not the employee should undergo a fitness for duty medical examination. ) d. When there is a reasonable suspicion that the employee is impaired, the manager or supervisor must attempt to detain the employee until the employee can be safely transported from the work place. If the employee refuses to submit to Alcohol and Drug Abuse Policy Page 4 the fitness-for-duty examination, or attempts to leave before safe transport can be found, the manager or super- visor shall remind the employee of the requirements and disciplinary consequences of this policy. e. Managers and supervisors shall notify their department directors or designee, when there is reasonable suspicion that an employee may have illegal drugs in his or her possession. If the department director or designee concurs that there is reasonable suspicion of illegal drug possession, the department director shall notify the appropriate law enforcement agency. f. Directors and supervisors must use the reasonable suspi- cion standards in determining whether a fitness-for-duty examination is warranted. Examples of what could lead to a reasonable suspicion of impairment are: 1 ) slurred speech; 2 ) alcohol odor on breath; 3 ) unsteady walking and movement; 4) size of pupils and their reaction to light; 5) an accident involving City property; 6 ) verbal alter- cation; 7 ) unusual behavior; 8 ) possession of alcohol or drugs; and 9 ) information obtained from a reliable person with personal knowledge. The above is not an exclusive list, but is used for example only. VI PHYSICAL EXAMINATION AND DRUG SCREENING PROCEDURES The drug and/or alcohol screening may test for any substance which could impair an employee ' s ability to effectively and safely perform the functions of his or her assigned job duties, including but not limited to prescription medications, heroin, cocaine, barbiturates , amphetamines , marijuana, and alcohol. The examination will be conducted by a licensed physician in a local medical facility. The drug testing will be conducted by a licensed toxicologist in a laboratory identified as having met all legal requirements for performing such tests. Results of drug and/or alcohol analysis: a. Pre-Employment Physicals. All applicants for employment with the City of Redding are subject to drug/alcohol screening during pre-employment physicals. 1. A positive result from a drug and/or alcohol analysis may result in postponement or denial of an applicant' s appointment where the applicant' s use of alcohol and/or drugs violate requisite job standards or could impede performance of duties or responsibilities. 2 . If a drug screen is positive at the pre-employ- ment physical, the applicant must provide bona fide verification of a valid current prescrip- 1 III III • • Alcohol and Drug Abuse Policy Page 5 tion for the drug identified in the drug screen within 24-hours after being informed of the test results, unless geographical restrictions prevent it. Further, the applicant must provide a prescription in his or her own name. Should geographical restrictions prevent local testing and/or local verification of prescription, these same requirements must be on record as having been confirmed within 24 hours at similarly licensed office(s) at or near the individual ' s geographic location. The applicant is elimi- nated from the selection process if the re- quirements of this paragraph cannot be met. b. During Fit-For-Duty Examinations. 1 . A positive result from a drug and/or alcohol analysis may result in disciplinary action, up to and including discharge. 2. If the drug screen is positive, the employee must provide, within 24-hours of request, bonafide verification of a valid current pre- scription for the drug identified in the drug screen. The prescription must be in the em- ployee' s name. 3 . If an alcohol or drug test is positive, the manager or supervisor and the Director of Personnel shall review the employee' s record to • make a determination as to the possibility of rehabilitation for the purpose of returning the employee to his or her assignment; or, after following rehabilitation, whether to reassign the employee or precede with disciplinary action, up to and including discharge. A positive test for an illegal drug will be considered impairing to the employee ' s ability • to perform his or her job, and therefore the corrective provisions of this policy will apply VII CONFIDENTIALITY Laboratory reports or test results shall not appear in the employee ' s general personnel folder. Information of this nature will be contained in a separate confidential medical folder and securely kept under the control of the Director of Personnel. Reports of test results may be disclosed to City of Redding management strictly on a need-to-know basis, and to the tested employee upon request. Disclosures without employee (patient) consent may also occur when: 1. The information is compelled by law or by judicial or administrative process. S .. 1 Alcohol and Drug Abuse Policy Page 6 2. The information is to be used in administering an employee benefit plan. 3 . The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. VIII APPEAL PROCESS Pre-Employment Physical Testing. Candidates whose test results indicate there are substances present and render them impaired are consequently eliminated from the selection process, and may: 1 . Submit a written explanation accompanied by any substantiating documentation ( i.e. prescriptions or doctor ' s or rehabilitation counselor ' s recommenda- tions) within 48 hours of receiving the results. Written explanation and any attached documents will be reviewed by the doctor in charge of the candi- date ' s examination, and a recommendation will be made to the Director of Personnel, whose decision shall be final. 2. Request that the facility that the City of Redding has contracted with re-test the sample. The re-test will be at the applicant' s expense. If the results of the re-test contravene the results of the first test, the City of Redding will reimburse the appli- cant for the cost of the re-test. The City of Redding maintains the right to request that a third test be conducted using the same sample. In instances where the results of the second test contravene the results of the first, the results of the third test will be the deciding factor. Fit-For-Duty Examinations. Employees whose tests results are positive, and who are conse- quently facing disciplinary action may: 1 . Submit a written explanation, accompanied by any documentations justifying the substance. Prescrip- tions currently in use mustbe submitted within 24-hours, but the written explanation accompanied by the prescription and any written recommendations submitted by a doctor or rehabilitation counselor may be submitted within 48-hours of the test results. The doctor conducting the fit-for-duty examination will review the explanation and documentation and make a recommendation to the Director of Personnel, who will forward his recommendation to the City Manager whose decision will be final. Alcohol and Drug Abuse Policy Page 7 2 . Request a meeting with applicable union representa- tive, supervisor and the Director of Personnel to discuss the possibilities of rehabilitation for the purpose of retaining employment with the City of Redding. Each case will be handled on an individual basis. However, the principle of offering rehabili- tation as a first resort and disciplinary action as last resort will govern. 3 . Employees may request a re-test, from the same sample, by the facility with which the City of Redding has contracted, at his or her own expense. If the re-test results contravene the first test results, the City will reimburse the employee the cost of the re-test. The City of Redding maintains the right to request that a third test be conducted using the same sample in instances where the results of the second test contravene the results of the first. Results of the third test will combine with those of the first two to form the deciding factor. 4 . Probationary employees, who are rejected during probation for substance abuse, may request a liberty hearing if they feel their reputation in the commu- nity has been adversely affected. IX SUMMARY The City will conduct drug and alcohol awareness programs, presented by the Personnel Department. These programs will include prevention and detection methods, with emphasis on maintaining a drug free work place. Additionally, printed material will be given to all employees explaining the dangers of alcohol and drug abuse. All employees will be given a copy of this policy. policy.per/lt 6