Merit Rule 26 - Substance Abuse

Reasonable Suspicion Testing - Supervisor

Supervisor or manager who fails to report an observation and subsequently rails to order an confirmed reasonable suspicion will be subject to disciplinary action up to and including termination

Amendments

1. Policy is subject to change from time to time and amendments shall be provided to employees and shall become effective as determined by the policy administrator

Shall be subject to disciplinary action up to and including termination - CDL Regulations

1. Job requires CDL and is lost for violation of or consequence of the law 2. Shall notify policy administrator and employee's supervisor of loss immediately and fails to do so

DOT/Safety-sensitive positions

1. Paid or unpaid whose requirements and activities are defined in the Omnibus Transportation Employee Testing Act of 1991 and its implementing regulations - including but not limited to those required to possess a CDL for operation of commercial vehicle. 2. City requires compliance with CDL licensure and alcohol and controlled substance testing regardless of where equipment is being operated.

DOT/Safety-Sensitive positions listings

1. Shall be available for inspection in HR office. 2. Applicants and affected employees shall be notified if the position they are applying for is defined as DOT/Safety-sensitive position and therefore eligible for all testing provisions covered by this policy.

Lethal Force Investigations

1. Sworn LEO's involved in using lethal force on-duty shall be required to submit to testing 2. They will be transported to the testing site by appropriate personnel as established by department protocol 3. A positive test result will result in termination

Positive Alcohol or Controlled Substance Test

Employee or applicant test screening and confirmation test levels for: 1. Alcohol 2. Marijuana 3. Cocaine 4. Phencyclidine 5. Amphetamines 6. Opioids

MRO

Medical Review Officer

Applicability

Policy applies to all employees. Certain provisions apply specifically to DOT/Safety-sensitive positions who perform such duties as defined in the Omnibus Transportation Employee Testing Act of 1991. Policy also applies to contractors of the city as a condition of contract award and/or while engaged in services for the city.

Forms

Shall be provided to appropriate persons responsible for implementation and management of this policy.

Policy Administrator

1. City Manager has designated the Human Resources Director as alcohol and controlled substance policy administrator for the city and is the primary person responsible for implementation and administration fo this policy under supervision of City Manager. 2. Shall develop and maintain a current list of positions that have been determined to be DOT/Safety-Sensitive positions 3. Shall develop all forms necessary to carry out the provisions of this policy unless forms are provided by federal regulations

Prescribed or authorized controlled substance use

1. May inhibit or impair employee's performance, 2. SHALL provide written notice to his/her supervisor and/or the policy administrator of such use upon returning to work, and 3. Prior to engaging in any work-related activity

Prohibited possession when

1. Unauthorized possession of alcohol while on duty 2. Unauthorized possession or use of unauthorized controlled substances at any time, on or off-duty

Public Health positions

All health service positions with duties to: 1. Deliver or assist in the delivery of hands-on diagnosis or treatment of patients 2. Operate, repair, maintain or sterilize equipment used in the delivery of health care services 3. Prepare, dispense, stock or otherwise handle prescription drugs

Public Safety positions

All positions within: 1. Law Enforcement Officers 2. Firefighter personnel 3. Emergency Communications personnel

Inquires to Policy Administrator

Made to administrator or designee in writing when possible concerning policy, application, administration or interpretation

SAP

Substance Abuse Professional

Rehabilitation Effort Complete when

1. Shall agree to be evaluated by the SAP (substance abuse professional) or rehab professional acceptable to the City and successfully complete the rehab treatment plan they established, and 2. Shall agree to refrain from any violation of this policy and/or use of substances consistent with treatment plan, and 3. Shall provide release of medical records for use and review specifically related to the rehab treatment plan for assistance and compliance, and 4. Shall agree to submit to return to work testing demonstrating negative test results, and 5. Shall agree to unannounced follow-up testing for period of time established by the policy administrator/designee consistent with this policy, and 6. If assigned to DOT/Safety-sensitive positions will continue to participate in random drug testing pool and submit to random test as outlined in this policy, and 7. Shall agree that any future positive tests will result in termination

Random testing rules

1. Shall be ordered by appropriate supervisory personnel with no less frequency than required by federal law and regulations and in such numbers as is minimally determined under regulations 2. Notified employees must report immediately to collection site. No delay is acceptable 3. Failure to report immediately to the collection site without delay must document the circumstances causing the delay 4. Appropriate action by the supervisor is required, including the possibility of discipline

Adulterated Sample

1. Urine specimen that contains substance not expected in human urine, or 2. Temperature outside the range of 90 to 100 degrees F (32 to 38 degrees C), or 3. Contains expected substance but is at a concentration so high it is not consistent with human urine. 4. Any specimen determined adulterated will be treated as a positive controlled substance test.

Delay

Any failure to immediately report to the test site to participate in required testing under this policy.

Confidentiality

1. All records developed and/or pursuant to this policy shall be maintained under strict confidentiality by the City, testing laboratory, MRO (medical review officer) and the SAP (substance abuse professional), when and as applicable 2. Records shall be by maintained separately from other personnel records by the City and in a secured location 3. Shall not be released without employee's authorized written consent, except under provisions as provided in federal regulations such as rehab contract, litigation, or a quasi-judicial and/or administrative proceeding related to positive test results and/or matters initiated by an employee 4. Any person breaching the confidentiality provisions of this policy shall be subject to termination from employment and/or from any contractual relationship with the City

Shall be subject to disciplinary action up to and including termination

1. Any employee convicted of illegal conduct related to alcohol or controlled substances, or 2. Fails to report such a conviction to the policy administrator

Return to work testing

1. Urine test required for all DOT/Safety-sensitive positions covered by this policy for all employees who previously refused to submit to a random test. 2. Employee must test negative, be evaluated and released to work by a SAP (substance abuse professional) before being permitted to return to work 3. A negative test will required to submit to follow-up testing 4. A positive test will result in termination

Policy (summarized)

It is the policy of the City of Springfield to provide safe, dependable and quality services, to provide safe working conditions and comply with Drug Free Work Place Act of 1988 and Omnibus Transportation Employee Testing Act of 1991. Further to provide healthy and satisfying working environments. It is the policy to ensure that employees are not impaired to perform assigned duties in a safe, productive and healthy manner; to create a work environment free from adverse effect of alcohol and controlled substances abuse or misuse; to prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol and controlled substances and to seek professional assistance should they have or develop dependancy

Testing controls - controlled substances

1. Analysis of employee's urine will be provided at a laboratory certified and monitored by U.S. Department of Health and Human Services for the following: 1. Marijuana 2. Cocaine 3. Codeine/Morphine 4. Hydrocodone/Hydromorphone 5. Oxycodone/Oxymorphone 6. 6-Acetlymorphine 7. Phencyclidine 8. Amphetamine/Methamphetamine 9. MDMA/MDA 2. 2-Stage testing process that starts with a broad class test of Marijuana, Cocaine, Phencyclidine, Amphetamine and Opiods. If a positive test result then the second stage of test will be to identify specific metabolites 3. A positive on the confirmation test then the employee shall be contacted by the MRO (medical review officer) 4. Employee of DOT/Safety-sensitive positions shall be immediately removed work-related activity once the the City is notified of a positive test result 5. If pre-employment then the applicant will be contacted and conditional offer of employment will be withdrawn 6. If employee contests results, may request an additional test be conducted which will be done from a split sample of the original specimen and conducted at a different qualified laboratory than where the original sample was tested 7. Costs for contested results testing will be paid for by the employee 8. Request for a re-test must be made in writing the MRO (medical review officer) within 72 hours of notice of test results 9. Requests after 72 hour will only be accepted if the delay was due to documented circumstances out of control of the employee 10. Retention of the split sample will be consistent with procedures established by 49 CFR Part 40

Failure to test

1. Any employee who fails to submit to the required testing under this policy is considered to have tested positive and shall be subject to all the consequences related to a positive test 2. Any employee ordered to submit to a test shall report immediately to the test site upon being ordered 3. DOT/Safety-sensitive positions may elect to invoke the one-time rehab option prior to submitting a sample for Random Testing only 4. Employees are not afforded the one-time rehab option for any other testing outlined in this policy 5. Delay in reporting for testing shall be treated as a refusal to test and subject to consequences related to a positive test result 6. Failure to provide a sufficient sample or providing an adulterated sample shall be considered a refusal and treated as positive test result 7. Employee ordered to submit to testing under Post-Accident or Reasonable Suspicion must by transported by a City employee or supervisor

Random Testing

1. Applicable only to DOT/Safety-sensitive positions or employees that requested an out of title DOT/Safety-sensitive position 2. Shall be unannounced and conducted with unpredictable frequency using scientifically-based selection method 3. The number and percentage of employees tested from the random pool will meet the minimum guidelines established by federal acts and state regulations unless modified by the City Manager 4. An outside company will be used to conduct selection and perform the draws 5. A positive random test result will result in termination unless due to employee refusing to test and invoking their one-time option for rehab 6. If inconclusive the employee must promptly re-test when instructed to do so. These will not be considered an additional selection for random test and additional tests needed due to this do not provide employee the right to exercise the one-time option

Post-accident testing

1. Applicable only to DOT/Safety-sensitive positions or out of title DOT/Safety-sensitive positions 2. Shall be required after a vehicular accident regardless of type of vehicle being operated if there is loss of life 3. Shall be required if a citation is issued and involves 1 of these: 1. Bodily injury to any person who as a result receives immediate medical treatment away from accident scene, and/or 2. One or more vehicles incur disabling damage requiring a vehicle to be towed from the scene by tow truck or other vehicle 4. Shall include both breath and blood testing 5. Shall be required and completed within 2 hours of the accident but no later than 8 hours for breath and 32 hours for controlled substance 6. Employee should be transported to the testing facility by city personnel. 7. Shall refrain from alcohol consumption for 8 hours after the accident 8. A positive test result will result in termination

Purpose

1. Assure worker fitness for duty and protect employees and the public from the risks posed by misuse. 2. Comply with applicable federal and state regulations governing work place substance abuse programs. 3. Mandated programs require urine drug test and breathalyzer tests for DOT/Safety-sensitive positions and prevent performance of DOT/Safety-sensitive functions when there is a positive test result. 4. Federal law established standards for collection and testing of urine and breath specimens, reporting of certain drug-related offenses, protective measures for certain employees tested, preservation of confidentiality and certain reporting requirements. 5. These standards will apply to all tested employees. 6. Employees are required to comply with applicable sections of this policy including; pre-employment testing and reasonable suspicion testing. 7. All employees in DOT/Safety-sensitive positions will, as a condition of accepting employment, transfer, promotion, or demotion, be required to comply with all sections of this policy including: 1. Pre-Employment 2. Random 3. Post accident 4. Reasonable suspicion 5. Return to work 6. Follow-up testing

Testing controls - alcohol

1. Breath test conducted on Evidential Breath Testing devices approved by National Highway Safety Administration 2. Initial screening is conducted first 3. Test result less than .02 is considered negative 4. Test result .02 or greater, a second confirmation test must be conducted 5. Test result .02 or greater for DOT/Safety-sensitive positions requires removal from work-related activity for 24 hours. 6. Test result .04 or greater is considered a positive result and will be subject to discipline 7. Employees found to have engaged in prohibited use under this policy shall immediately be removed from DOT/Safety-sensitive work-related activity and shall not be permitted to resume work until employee: 1. Evaluated by a SAP (substance abuse professional), and 2. Has tested negative in a follow-up test

Education and Training

1. City shall provide employees with a copy of the policy and materials related to effects of use and/or abuse of alcohol and controlled substances 2. City shall proved employees with information regarding treatment and rehab services available 3. Employees shall confirm receipt of this policy and any revisions in writing and date of receipt 4. City shall develop and provide training for all supervisors and managers responsible for administration of this policy 5. DOT/Safety-sensitive supervisors will receive training as mandated by federal regulations 6. All supervisors will receive training including an overview fo this policy and application to employees

Contractural Support Professional

1. City shall secure a contract with an appropriately certified testing laboratory to conduct testing analysis and reporting as required under this policy and federal regulations 2. City shall engage the services of an independent contractor to serve as the MRO (medical review officer) being property credentialed and trained in compliance with federal regulations and shall not be an employee of the City. 3. The MRO shall maintain all relevant records and provide required report necessary for the city to comply with federal reporting requirements 4. City shall engage the services of a SAP (substance abuse professional) for services under this policy and in compliance with federal regulations

Rehabilitation Effort

1. EAP (employee assistance program) help for voluntary assistance with chemical dependency, alcohol dependency, etc 2. May be permitted to enter a rehab facility approved by the City without fear disciplinary action 3. Rehab assistance due to refusing to submit to a test may only be granted one time while employed 4. Failure to complete rehab and any subsequent treatment as recommended by the SAP (substance abuse professional) or to comply with provisions of this policy will result in termination 5. Employees are encouraged to seek help with dependency issues voluntarily through a provider of their choice 6. Can confidentially request rehab assistance through EAP or City Health Care Plan 7. EAP program includes at least the first 3 visits at no cost with additional visits being eligible to be covered by the City Health Care Plan 8. Employees will not be disciplined for seeking assistance, if sought voluntarily and not in connection with pre-employment or reasonable suspicion testing 9. Must meet rehabilitation process requirements

Rehabilitation

1. Employees are allowed a one-time rehabilitation option during their employment with the city. 2. Employees must invoke their on-time option prior to submitting a specimen for random testing. 3. Rehabilitation does not apply to reasonable suspicion or post-accident testing. 4. Must be invoked prior to submitting a sample for the randomly ordered test. 5. If invoked, the employee is refusing to submit to the ordered test and will be treated as a positive test result in compliance with federal and state law. 6. If invoked, the employee is required to submit to return to work and follow-up testing as outlined in this policy.

Commercial Vehicle

1. Motor vehicle designed or used to transport passengers or property. 2. Vehicle with a gross combination weight rating of 26,001 or more inclusive of a towed unit with gross vehicle weight of 10,001 or more. 3. Vehicle with a gross combination weight rating of 26,001 or more or a lesser rating as determined by federal regulations 1. Designed to transport more than 15 passengers, including driver; or 2. Transporting hazardous materials and is required to be placarded under Hazardous Materials Transportation Act.

Reasonable Suspicion Testing

1. Regardless of status or position 2. Shall determine fitness for duty when there are objective observable reasons to believe that substance use is adversely affecting job performance or employee has violated this policy 3. Referral shall be made on basis of documented objective facts and circumstances consistent with effects of substance use 4. Made only by supervisor trained to detect signs and symptoms of substance use, and 1. May reasonably conclude employee my be adversely affected or impaired in work performance 5. Supervisor does not have to be direct supervisor 6. Supervisors are required to complete appropriate required documentation concurrent with observation and consideration to impose reasonable suspicion testing 7. All employees may be subject to testing following any type of accident if reasonless suspicion is determined if accident meets guidelines of post-accident provision of this policy 8. Shall be required and completed whenever possible within 2 hours of observation, but in any case no later than; 1. 8 hours for alcohol observations 2. 32 hours for CS observations 9. Employee ordered to submit will be transported to testing site by City personnel 10. Positive test result will result in termination

Pre-employment testing

1. Required for all applicants 2. Receipt of satisfactory test required 3. Positive test result disqualifies for a period of 2 years 4. Must be submitted with 24 hours of being ordered to test 5. Failure to submit in a timely manner will disqualify for 2 years 6. Second failure to submit in a timely manner will be a permanent disqualification 7. Any deviance from this practice must be documented and approved in writing by the policy administrator or designee 8. From non-DOT/Safety- sensitive position to a DOT/Safety-sensitive position via promotion, demotion or transfer 1. Does not apply to moving from DOT/Safety-sensitive position to another DOT/Safety-sensitive position 9. Moving into a public safety or public health position regardless of current position unless is a result of inter-departmental movement

Follow-up testing

1. Required for all employees who have received a positive test roust via a previous failure to test 2. Shall submit to frequent unannounced random tests for a minimum of 6 months in the following 12 months after returning to work 3. These random test may be continued for a period of up to 60 months from the employees return to work date 4. Duration of follow-up testing and frequency shall be at the discretion of the policy administrator after review of the SAP (substance abuse professional) evaluation 5. A positive follow-up test will result in termination 6. Any employee involved in a work-related safety incident and/or accident who is complying with a current follow-up testing plan will be subject to testing as part of the follow-up testing requirements

Dilute Specimen

1. Specimen with Creatinine and specific gravity values lower than expected for human urine. 2. Specimen below 20 for Creatinine will undergo a specific gravity test. 3. Gravity result outside the range of 1.003 and 1.019 is considered diluted. 4. If specimen is determined to be diluted the employee will be required to retest, supervised or unsupervised, until a non-dilute valid positive or non-positive test can be reported.

Coordination with other laws and policies

1. This policy shall be administered in compliance with federal, state and local laws related to employee health and welfare policies, benefit programs, and related City policies 2. In case of apparent conflicts, the policy administrator shall make the appropriate ruling to resolve the conflict, whenever possible 3. If any part of this policy is judicially determined to be in conflict or rendered ineffective because of state or federal legislative enactment, that part(s) shall be voided, but the remainder of the policy shall remain in effect. 4. Voided parts shall be replaced as soon as possible to maintain full effect of this policy and bring policy into compliance

Disciplinary Issues

1. Unless otherwise specified in this policy, City policies related to disciplinary action shall be followed for violation of this policy 2. Employees are required to seek help for substance abuse problems 3. Employees who voluntarily seek help prior to submitting to random testing will not face disciplinary action for admitting and seeking help 4. However, request for assistance after a positive test or refusal to test will not be honored and the City will take action to terminate 5. Any supervisor or manager who knowingly permits an employee to violate this policy or engage in work-related activist violating this policy or fails to enforce this policy shall be subject to immediate termination 6. This policy does not displace any other penalties that may be imposed or be incurred as a result of violation of City policy, state and federal laws or as provided in the workers' compensation laws

Alcohol - prohibited operation of commercial vehicle and work related functions when:

1. While consuming alcohol 2. BAC .02 or greater 3. Within 4 hours of consuming alcohol 4. After refusing to submit to alcohol test 5. Consuming alcohol within 8 hours after an accident as specified in this policy

Drug Free Work Place act of 1988

All employees in every position are notified: 1. Unlawful manufacture, distribution, possession or use of controlled substance on, about or within any property owned, leased, operated, used or occupied by the City, vehicle or work site in connection with a specific federal grant will subject the employee to disciplinary action including termination 2. The EAP shall establish a drug-free awareness program 3. Every employee engaged in work connected to a federal grant shall be provided a copy of this statement and City substance abuse policy 4. Every employee engaged in work connected to a federal grant shall abide by this and notify the City of any criminal conviction in the work place no later than 5 days after such conviction 5. City shall notify the federal agency administering the federal grant of any conviction of an employee noted above within 10 days of being notified 6. City will take action within 30 days of receiving notice of conviction to include impose appropriate action up to and including termination and/or require employee to participate in drug abuse assistance or approved rehab 7. City will make a good faith effort to continue to maintain a drug-fee work place

Out-of-Ttitle

Employee who is in a temporary capacity other than their regular assigned position. Out-of-title employees in a DOT/Safety-sensitive function must comply with all requirements of the Omnibus Transportation Employee Testing Act of 1991 including, but no limited to random testing, post-accident testing, etc.

Direct Observation

Employees may be required to provide an observed urine sample by an employee of the collection site which will comply with 49CFR Subtitle A 40.67