Referenced throughout this document are drug and alcohol testing protocols which apply specifically to the activities of the Mental Health Consortium on behalf of the contracting organizations who participate in the Consortium’s Drug and Alcohol Testing Pools. A copy of this protocol is available to augment the contents of this Drug and Alcohol Testing Policy.
DRUG AND ALCOHOL TESTING POLICY APPROVAL
We have reviewed and concur with the contents of the City of St. Francis’ drug and alcohol testing policy. Our signatures indicate approval of the policy and its contents.
Jeff N. Raile, Mayor 1-16-1996
Dale Henderson, Council Member 1-16-1996
Pete Jensen, Council Member 1-16-1996
Ernest Lebfrom, Council Member 1-16-1996
Robyn Raile, Council Member 1-16-1996
Doug Ross, Council Member 1-16-1996
Michael J. Day, City Attorney 1-16-1996
DRUG AND ALCOHOL TESTING POLICY
The City of St. Francis recognizes that the use and abuse of drugs and alcohol in today’s society is a very serious problem which has also found its way into the work place. City of St. Francis also recognizes the significant threat that a drug-impaired employee working in the transportation industry can pose to the safety of the worker, co-worker and the general public. In order to address the safety threat presented by the problem of drug and alcohol abuse in the transportation industry, the Department of Transportation, and the Federal Highway Administration have established extensive regulations requiring drug and alcohol testing under certain circumstances. In light of the above, City of St. Francis has adopted this Anti-Drug Plan to specify the circumstances under which drug and alcohol testing may be required, the procedures for conducting such testing and the methods and procedures for complying with the requirements of the regulations.
Additionally, The City of St. Francis’ drug and alcohol testing program is incorporated in an overall Anti Drug Plan that is designed to create a drug free transportation industry and provide help to those employees who may suffer from problems with substance abuse. The plan has been developed in compliance with existing federal regulations in a manner which ensures accurate and reliable test results, and thereby contains procedures designed to recognize and respect the dignity and privacy of all of our employees. More importantly, we recognize that our employees are our most valuable resource and we want to assist any employee who feels that he or she may have a problem with substance abuse.
A separate policy defines the employee assistance program of the City of St. Francis, which is also a part of the mandated requirements. City of St. Francis has adopted the following anti-drug program, effective January 1, 1996.
DEFINITIONS
ACCIDENT – An incident reportable under 49 CFR Part 382, and 391.
AIR BLANK - A reading by an EBT of ambient air containing no alcohol. (In EBT’s using gas chromatography technology, a reading of the device’s internal standard.)
ALCOHOL - The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION - Means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this part.
ALCOHOL USE - The consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
APPLICANT - An individual offered employment in, or being promoted or transferred to a safety sensitive position.
AUTHORIZED SUBSTANCES - Include only lawful over-the-counter drugs (excluding alcohol) in amounts as specifically directed by the manufacturer.
BREATH ALCOHOL TECHNICIAN (BAT) - An individual who instructs and assists individuals in the alcohol testing process and operates an EBT.
COLLECTION SITE AGENCY - A facility designated by the Consortium as the collection site for drug screening samples (urine) and breath alcohol testing. For purposes of this policy, the collection site is not the testing laboratory.
CITY OF ST. FRANCIS PROPERTY - All areas in which City of St. Francis operates, including actual premises, parking lots, owned or leased equipment, lockers, desks, work areas and buildings, storage facilities, etc.
DRUG - Any chemical substance that, when consumed, tends to produce a physical, mental or emotional change.
DRUG SCREENING - Procedure to eliminate negative urine specimens from further considerations.
DRUG TESTING - An analytical procedure which identifies the presence of a specific drug or metabolite and which uses a different chemical principle from that of the initial test to insure reliability and accuracy. At this time gas chromatography/mass spectrometry (GC/MS) is the accepted standard confirmation method for cocaine, marijuana, opiates, amphetamines and phencyclidine.
EVIDENTIAL BREATH TESTING DEVICE (EBT) - An EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA’s “Conforming Products List of Evidential Breath Measurement Devices” (CPL).
EMPLOYEE ASSISTANCE PROGRAM (EAP) - A program to help employees, and often their families, recognize and overcome personal problems that are interfering with the employee’s work performance. This is an extension of the performance appraisal process and is designed to reach performance problems that cannot be remedied by training, education, or other employer-controlled factors. Among the many personal problems, an Employee Assistance Program may deal with, are alcohol and drug abuse.
EMPLOYEE ASSISTANCE PROGRAM CONTRACTOR - The Mental Health Consortium, Inc. - Topeka, Kansas.
ILLEGAL DRUGS - Urine samples from applicants and employees will be screened in all cases to identify the following classes of substances:
THRESHOLD FOR POSITIVE VERIFICATION IMMUNOASSAY SCREEN
Marijuana Metabolite 50NG/ML
Cocaine Metabolite 300NG/ML
Opiates 300NG/ML
Phencyclidine 25NG/ML
Amphetamines/Methamphetamines 1000NG/ML
When the initial screen is positive (has exceeded the established screening threshold) a second confirmation test gas chromatography/mass spectrometry (GC/MS) will be completed. The thresholds for positive confirmation for GC/MS are as follows:
Marijuana Metabolite 15NG/ML
Cocaine Metabolite 150NG/ML
Opiates 300NG/ML
Phencyclidine 25NG/ML
Amphetamines/Methamphetamines 500NG/ML
IMPAIRED - Under the influence of an illegal or legal drug whereby the employee’s senses (i.e. sight, hearing, balance, reaction, reflex) or judgment are affected.
LEGAL/PRESCRIBED (MEDICATION) DRUGS - Drugs an individual may be taking under the direction of a licensed physician to address a specific physical, emotional or mental condition.
MEDICAL REVIEW OFFICER (MRO) - A licensed physician who reviews and interprets positive results of confirmatory tests and evaluates those results together with medical history or any other relevant biomedical information to confirm positive results. This person has knowledge of substance abuse and appropriate medical or forensic training.
(CONFIRMED) NEGATIVE RESULT - No detection of an illegal substance in the pure form of its metabolites at or above the threshold level by a drug screening test.
(CONFIRMED) POSITIVE RESULT - The detection of an illicit substance in the pure form of its metabolites at or above the specified threshold by two consecutive drug screening tests which employ different test methods arid which was not determined by the appropriate medical, scientific, professional testing or forensic authority to have been caused by alternate medical explanations or scientifically insufficient data. All positive results are intensively reviewed by a Medical Review Officer (MRO).
REASONABLE SUSPICION - Involves a judgment made regarding the employee’s behavior, appearance, speech or body odor, or evidence found or reported and may be based on, among other circumstances, one of the following:
1. Direct observation of specific, contemporaneous, particular behavior exhibited by the employee which may impair the employee’s ability to perform his/her job or which may pose a threat to safety or health.
2. Physical on-the-job observation of drug and/or alcohol use by the employee.
3. Documented deterioration in the employee’s job performance that is likely to be attributed to drug or alcohol use by the employee.
4. An on-the-job incident or occurrence where there is evidence to indicate the incident or occurrence was in whole or in part the result of the employee’s actions or inactions and/or the employee exhibited behavior indicating illegal drug or alcohol use.
SAFETY SENSITIVE - The city council of City of St. Francis has established the following factors in designating specific positions as safety sensitive. The number of safety sensitive positions may be increased as further criteria are established by the city council of City of St. Francis.
1. Drivers of commercial vehicles:
a. with a gross vehicle weight rating of 26,001 pounds or more or combination vehicles (weighing at least 26, 001 pounds) or
b. designated to transport 16 or more passengers including the driver, or
c. transporting hazardous materials in amounts requiring placarding.
2. Employees engaged in the operation of power plant generators and equipment.
SUBSTANCE ABUSE PROFESSIONAL (SAP) - A licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of a clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
TESTING LABORATORY - A laboratory certified by the Department of Health and Human Services (DHHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) to perform drug testing of urine specimens obtained at the collection site.
POLICY
I. The use, possession, sale or distribution of illegal drugs or drug paraphernalia, or the improper or abusive use of legal drugs, alcohol or other intoxicating substances while on city property or other work locations and/or during work hours is strictly prohibited.
A. The above provision is applicable to all City of St. Francis employees who perform covered work.
B. The city will utilize all reasonable measures to maintain a drug free workplace for its employees, customers, and the general public.
C. Cooperation and compliance with the City of St. Francis’ Drug and Alcohol Testing Policy (as with all other city policies and procedures) is a condition of continued employment for all employees involved in safety sensitive positions.
D. The City of St. Francis’ Drug and Alcohol Testing Policy is in compliance with the Federal Drug Free Workplace Act of 1988; the Federal Motor Carrier Safety Regulations (49 CFR Part 391) Federal Highway Administration (FHA) Park 382; and, the Motor Carrier Regulations of the Transportation Division of the Kansas State Corporation Commission (82-4-3). All collection and testing procedures will specifically follow the regulations set forth in 49CFR Part 40 for drugs and alcohol.
E. For the purpose of assuring compliance with the above, both employees and applicants for safety sensitive positions will be subject to a drug screening.
F. The city council of the City of St. Francis under its own authority will test all employees/applicants for purposes of pre-employment screening, reasonable suspicion, and post-accident investigation.
II. The city council of City of St. Francis has established the following factors in designating specific positions as safety sensitive.
A. Drivers of commercial vehicles:
1. with a gross vehicle weight rating of 26,001 pounds or more or combination vehicles (weighing at least 26,001 pounds) or
2. designated to transport 16 or more passengers including the driver or
3. transporting hazardous materials in amounts requiring placarding.
B. Employees engaged in the operation of power plant generators and equipment.
III. Responsibilities.
A. The city council of City of St. Francis is responsible for the implementation and conformance of City of St. Francis’ drug and alcohol testing policy to 49CFR Parts 40, 391, 382 (this includes any contractor personnel, including subcontractors and anyone employed by a subcontractor are subject to drug and alcohol testing if they perform a covered function); and for recordkeeping and confidentiality of the drug testing process. (This includes maintaining required records with respect to subcontracts.)
In addition they are responsible for observing employee behavior and performance in relation to reasonable suspicion testing.
B. Failure to comply with this policy may lead to disciplinary action up to and including termination from employment.
C. Unless an employee’s physician has advised the employee that the controlled substance they are taking does not adversely affect their ability to safely operate a commercial motor vehicle, heavy equipment, machinery, or power generating equipment, an employee should not drive or operate equipment under the influence of a prescribed controlled substance. An employee must report the use of all prescribed controlled substances and provide City of St. Francis with a written release from their physician which states it is safe to perform the safety sensitive function.
IV. THRESHOLD FOR POSITIVE VERIFICATION
A. Drug screening will be conducted for the following chemicals: Marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines. A drug immunoassay screen will have the following thresholds for positive verification:
Marijuana Metabolite 50NG/ML
Cocaine Metabolite 300NG/ML
Opiates 300NG/ML
Phencyclidine 25NG/ML
Amphetamines/Methamphetamines 1000NG/ML
B. When the initial screen is positive (has exceeded the established screening threshold) a second confirmation test gas chromatography/mass spectrometry (GC/MS) will be completed. The thresholds for positive confirmation for GC/MS are as follows:
Marijuana Metabolite 15NG/ML
Cocaine Metabolite 150NG/ML
Opiates 300NG/ML
Phencyclidine 25NG/ML
Amphetamines/Methamphetamines 500NG/ML
C. Alcohol testing will be conducted by utilizing an evidential breath testing device (EBT) which meets the requirements established by the conforming products list published in the Federal Register. A reading of .04 or greater on the EBT will result in the necessity of a second test occurring within 20 minutes in order to make a determination of positive.
D. A second EBT test of .04 or greater will result in the removal of the individual from the safety sensitive position.
E. An initial EBT reading of .02 to .0399 will result in a second EBT test within the time frame noted in IV C above. If the second test falls within the same range the individual will be removed from the safety sensitive position until the start of the next regularly scheduled duty period, but not less than 24 hours following the administration of the test.
V.
A. Collection sites for drug screening specimen collection will be established by the Consortium contractor. (Specific information relating to the Chain of Custody form, (Protocol #1) laboratory analysis procedures, (Protocol #8) specimen. collection procedures (Protocol #4) and blind sampling (Protocol #7) are all contained in the Mental Health Consortium’s Drug and Alcohol Testing Protocol Manual.) Drug testing of the specimen will be provided through an established and accredited laboratory that has completed certification to conduct drug testing by the U.S. Department of Health and Human Services (DHHS) and Substance Abuse and Mental Health Services Administration (SAMHSA). In this instance, the laboratory of record is Clinical Reference Laboratory, 11850 W. 85th St., Lenexa, KS 66214 (PH. # 913-492-3652). The local specimen collection site for City of St. Francis is Bird City Family Clinic, Bird City, Kansas; however, other sites are available as access is necessary.
B. Alcohol testing will be conducted by a certified Breath Alcohol Technician (BAT).
C. Strict chain-of-custody practices will be adhered to regarding urine specimen collection, transportation to the laboratory, during laboratory analysis, MRO review and reporting to the agency.
D. All urine specimens collected will be split-samples.
E. Negative drug testing report results will be reported within 24 hours to the Consortium of specimen receipt at the laboratory. Positive drug testing results will be reported to the Consortium within 48 hours of receipt at the Laboratory (unless there is difficulty reaching the person being tested, by the MRO). All tests will be reported by the Consortium to the mayor of City of St. Francis. In no instance will the test go unreported longer than 5 days from the time the specimen is received from the laboratory by the Consortium.
F. Reports of breath alcohol tests will be reported immediately to the safety sensitive employee (SSE) and the employer.
VI. Confidentiality will be applied to every aspect of the anti-drug program.
A. After the MRO contacts the employee to discuss a positive confirmatory test result and a final decision is reached regarding the positive result, mayor of City of St. Francis shall serve as the sole point of contact with the City of St. Francis’ Employee Assistance and Drug/Alcohol Testing Program.
B. All drug and alcohol testing information will receive the highest level of respect in relation to confidentiality. Information regarding an individual’s testing results or rehabilitation may be released only upon the written consent of the individual, except that such information must be released regardless of consent to the Administrator or the representative of a state agency upon request as part of an accident investigation. Statistical data related to testing and rehabilitation that is not name-specific and training records must be made available to the Administrator or the representative of a state agency upon request.
C. All records relating to drug and alcohol testing will be kept in a locked file, separate from other employee records.
VII. Notification of the city’s drug and alcohol testing requirement shall be included in. announcements or advertisements seeking applicants for all designated safety sensitive positions as well as all positions with the City of St. Francis.
VIII. Employees who supervise employees or who have responsibility to administer the city’s drug and alcohol screening policies and procedures shall receive two additional hours of training, by the Consortium Coordinator, on behavior, physical symptoms and performance indicators of probable drug and alcohol use.
A. All subordinate-level employees will receive appropriate instruction regarding the City of St. Francis’ Drug and Alcohol Testing Policy and Employee Assistance Program (See Exhibit “C”). This shall amount to two hours of training on mandated requirements; the effects of alcohol and drugs; the process of testing; and the ramifications of a positive test.
IX. The following conditions establish who may be screened and under what circumstances the drug and alcohol screening may occur:
A. An individual offered employment and/or re-assigned to a safety sensitive position or any position with the City of St. Francis shall be required to take and pass a drug screening test as a condition of employment or continued employment. (See Exhibit “D”). (An exemption to this policy would be if the applicant/employee is participating in an appropriate DOT drug and alcohol testing program of another organization; has been involved in such a testing program within the previous 30 days; has been tested in the past 6 months or participating in the drug/alcohol testing program for the last 12 months. Written verification of drug and alcohol testing participation should be obtained for city files.) Exhibit E addresses information which must be provided. (Protocol #9)
B. An employee in a safety sensitive position or any position with the City of St. Francis may be required to submit to a drug screening test by mayor of City of St. Francis, based upon reasonable suspicion of drug use by the employee as reported by the employee’s supervisor. All supervisory employees are required to notify Mayor when reasonable suspicion is presumed. (Refer to Protocol #3)
1. Reasonable suspicion involves a judgment made regarding the employee’s behavior, appearance, speech or body odor, or evidence found or reported and may be based on, among other circumstances, one of the following:
a. Direct observation of specific contemporaneous, articulable behaviors exhibited by the employee which may impair the employee’s ability to perform his/her job or which may pose a threat to safety or health.
b. Physical on-the-job observation of drug and/or alcohol use by the employee.
c. Documented deterioration in the employee’s job performance that is likely to be attributed to drug or alcohol use by the employee.
d. An on-the-job incident or occurrence where there is evidence to indicate the incident or occurrence was in whole or in part the result of the employee’s actions or inactions and/or the employee exhibited behavior indicating illegal drug or alcohol use.
2. Supervisors have the right to ask a current employee in a designated safety sensitive position or any position with the City of St. Francis to submit to a drug/alcohol screening test under the circumstances of reasonable suspicion as a condition of employment in accordance with items VII and VIII of this policy. Refusal may be grounds for termination. In no instance of refusal for testing shall an individual be allowed to perform a safety sensitive function.
3. Any employee requested to provide a drug specimen under the auspices of reasonable suspicion will be transported to the collection site. All time away from work for testing will be paid. If the test result is negative, the employee will be placed on paid leave until cleared to return to work. Upon test results being shown to be positive, the employee will be placed on unpaid leave until cleared to return to work.
4. Under no circumstances will a SSE be allowed to perform a safety sensitive function if they have consumed alcohol within four (4) hours of reporting for duty.
5. If an alcohol test is not administered within 2 hours of this determination, a record should be prepared stating the reasons for not administering the test. Attempts to test should cease at eight (8) hours and the individual should be removed from the safety sensitive function until they test less than .02 or 24 hours has passed. A written record should be made of the observations.
C. Random testing (Refer to Protocol #2)
1. At least 50% of the average number of safety sensitive positions will be tested on a random basis annually under the drug testing requirements.
2. Under the alcohol testing requirements at least 25% of the number of safety sensitive positions shall be tested on an annual basis
3. Random selection will be made through a computerized program provided by the consortium contractor, The Mental Health Consortium.
a. By the 15th of each month, City of St. Francis will make available to the Mental Health Consortium the names and SSN’s of all employees to be covered in the random program for the next month.
b. The list of persons to be tested for the next month will be created through the Mental Health Consortium’s computerized random number program.
c. The name of the person identified to be tested will be relayed to the contact person of the employer by the afternoon prior to the test date. The Employee will be notified on the morning of the test to report to the collection site not more than 30 minutes plus travel time, prior to the scheduled test time in the case of a drug collection. In the case of an alcohol test, the individual shall be tested within 15 minutes prior, during or 15 minutes after performing a safety sensitive function.
D. Return To Duty Testing: An employee who refuses to take or fails a drug or alcohol test may not return to duty until the employee passes a drug or alcohol test administered under this part and the MRO/SAP have determined that the employee may return to duty. An employee who returns to duty shall be subject to a minimum of 6 (six) drug/alcohol tests in the first twelve months and a reasonable program of follow-up drug/alcohol testing without prior notice for up to 60 months after return to duty. The MRO/SAP will determine the schedule of unannounced testing.
E.
1. The following parameters will require drug testing for each employee performing a safety sensitive function and whose performance either contributes to the accident, or cannot be completely discounted as a contributing factor to the accident as soon as possible and not later than 32 hours after an accident. Following are the times when drug testing must occur:
a. If the accident involved the loss of a human life;
b. If the driver receives a citation under State or local law for a moving traffic violation arising from the accident.
2. Following an accident all reasonable steps to obtain a urine sample from an employee should be implemented after treating the injury first.
a. In the case of a conscious but hospitalized employee, the coordinator of Drug/Alcohol Testing at City Of St. Francis should notify the hospital or medical facility of the need for a sample and, if necessary, refer to the DOT drug testing requirements (Title 49 CFR Part 40).
b. If an employee is injured or unconscious and unable to consent to the drug test, the medical facility should collect the sample, and retain it until the employee is able to consent. If the employee gives his consent, the sample should be sent to the laboratory for testing. If the employee refuses to be tested, the sample should be discarded and the incident will be treated as a refusal to test. The treating physician should determine if the employee is able to understand a request to provide a sample.
c. If an employee is conscious, able to understand a request for a sample, and able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that person must be suspended indefinitely pending further review.
F. A breath alcohol test should also be administered in these same circumstances. An EBT test can occur up to eight (8) hours after the accident/incident and should be obtained as early as possibly preferably within two hours of the accident.
G. Failure to obtain a breath alcohol test within 2 hours and a drug test within 32 hours will result in the employer preparing and maintaining on file a record stating the reasons for not promptly administering a test. Records will be submitted upon request to the Department of Transportation.
H. Any employee testing positive under the category of random selection, reasonable suspicion, post-accident or return-to-duty will be immediately removed from performing safety sensitive work and not allowed to return to the safety sensitive position until they have passed a drug and alcohol test and cleared to return to duty by the MRO/SAP.
I. No driver required to take a post-accident test shall use alcohol for eight (8) hours following an accident or until a breath alcohol test occurs.
J. The SSE or City of St. Francis employee who is subject to post accident testing, shall remain readily available for testing. Necessary medical attention may be secured. Failure to remain available can be interpreted as a positive test result.
K. Results of a breath test for the use of alcohol or a urine test for the use of controlled substances, conducted by Federal, State or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to applicable Federal, State or local requirements, and that the results are obtained by the employer.
X. An applicant or employee required to submit to a drug screen will be advised of the following:
A. methods of drug/alcohol screening which will be used;
B. substances which may be identified;
C. consequences of a refusal to submit to a drug screening test or of a confirmed positive result, and;
D. reasonable efforts to maintain the confidentiality of results and any medical information which may be provided.
XI. An applicant or employee will be required to sign the necessary drug/alcohol screening consent forms established by the city or, authorized by the collection site agency. Refusal to sign required drug/alcohol screening consent forms will be considered refusal to submit to a drug/alcohol screening test as a condition of employment and will be considered the equivalent of receiving a confirmed “positive” result for employment.
XII. An applicant or employee shall be informed of the drug/alcohol screening specimen collection location and time. The applicant or employee shall be responsible for reporting to the collection site at the scheduled time, with a photo ID, and comply with the directions of the specimen collector.
A. An employee in a designated safety sensitive position who is requested to submit to a drug specimen collection shall be given time off with pay for that purpose.
B. Failure by an applicant or employee to report to the collection site at the of employment or continued employment, and will be considered the equivalent of receiving a confirmed “positive” result. The applicant or employee shall not be utilized in a safety sensitive capacity until cleared by the MRO or SAP.
XIII. MEDICAL REVIEW OFFICER (MRO) (Reference Protocol #6)
A. The Medical Review Officer is an agent of the Mental Health Consortium. The qualifications and functions of the MRO are contained in the Mental Health Consortium’s Protocol on MRO Responsibilities and Qualifications, which is available upon request from the Consortium.
B. All drug test results, whether positive or negative, will be reviewed by the MRO of the Mental Health Consortium, in accordance with 49CFR Part 40.33. In this instance, the MRO will be Sanford E. Pomerantz, M.D. of the Consortium. The MRO can be reached at 112 SW 6th St., Suite 400, Topeka, KS. 66603. The phone number is 913-232-1196.
C. In the event of a presumptive positive the MRO will contact the person whose specimen it was to determine what medications and or reason the test was returned positive. The MRO, based on his review of the information will make the final determination of confirmed positive or negative. It is only after the MRO review that City Of St. Francis will be notified of the outcome of the test.
XIV. An employee in a designated safety sensitive position who is removed from the work site pending the results of a drug screening test because the employee is deemed by their immediate supervisor and mayor of City of St. Francis to pose a threat to safety or health shall be granted leave. If the test results are negative the employee will be placed on paid leave until cleared to return to work. Upon test results shown to be positive, the employee will be placed on unpaid leave until cleared to return to work.
XV. An applicant who receives a confirmed positive drug screen result or the equivalent shall have the offer of employment withdrawn and shall be subject to disqualification from application for city employment for a period of two years from the effective date of the disqualifying action.
XVI.
A. An employee who receives a confirmed positive drug screen result or the equivalent and who has not previously had a confirmed positive result shall be directed to utilize the City of St. Francis’ Employee Assistance Program for referral to an appropriate drug assessment and education or treatment program; provided, however, the employer reserves the right to terminate an employee receiving a first time confirmed positive drug screen result if, in addition:
1. the employee was involved in an accident or incident caused in part or in total by drug/alcohol use and injury to person/persons or property was involved, or;
2. the employee’s personnel file reflects previous disciplinary material which, when combined with positive drug/alcohol testing screen results, in the opinion of the employer justifies termination.
B. An employee who receives a confirmed positive alcohol test shall be referred to a Substance Abuse Professional for appropriate assessment, education and treatment. The employer retains the same right to terminate as in XVI A. 1 and 2.
C. A second positive test, whether alcohol or drug, will result in immediate termination of employment.
XVII. The employee will be required to provide verification to the mayor of City of St. Francis that he/she is participating in an appropriate and authorized education and treatment program, prior to returning to duty in a safety sensitive position. In addition the employee must pass a return to duty drug and/or alcohol test.
A. Absences during regular hours will be considered noncompensable.
XVIII. Employees should consult their insurance policy for extent of nervous, mental and substance abuse coverage.
XIX. If the employee’s supervisor determines the employee poses a threat to safety or health at the work site while undergoing out-patient or post-care treatment, the employee may be relieved of his/her duties without pay until such time as he/she is deemed capable to return to regular duty by the MRO/SAP, and successfully passes a drug and/or alcohol test.
XX. Refusal by an employee to fully cooperate with a mandatory referral (EXHIBIT A) or with any recommended education or treatment program resulting from a mandatory referral or approved drug or alcohol assessment shall be grounds for employee discipline including termination.
A. After completion of the recommended education or treatment program, the employee is required to provide or release verification to the mayor of City of St. Francis that they have successfully completed the recommended education or treatment program.
B. Subsequent drug or alcohol screens will be scheduled by the MRO/SAP in consultation with City of St. Francis, as necessary, during the authorized education or treatment program and for a period of up to 60 months after the program ends to determine or verify that the employee remains drug/alcohol free. All expenses for testing in the rehabilitation process will be the responsibility of the employee.
C. The employee will be tested a minimum of six times in the first year of follow up.
XXI. Any employee who receives a confirmed positive drug or alcohol screen result shall be subject to dismissal:
A. if the employee has previously had a confirmed positive result;
B. if the employee fails to successfully complete an appropriate and approved drug/alcohol assessment and recommended education and treatment program.
XXII. An employee will not be subjected to dismissal solely on the basis of a confirmed positive result if the employee has not previously had a confirmed positive result, and the employee successfully completes an appropriate and approved drug/alcohol assessment and recommended education or treatment program.
XXIII. Any applicant for a city position who intentionally tampers with a sample provided for drug screening, violates the chain-of-custody or identification procedures or falsifies test results shall have the conditional offer of employment withdrawn. Such actions will be grounds for disqualification for all positions in city service. Any current employee who intentionally tampers with a sample provided for drug screening, violates chain-of custody or identification procedures or falsifies a test result shall be subject to dismissal.
XXIV.
A. If an employee or applicant challenges the validity or accuracy of the confirmed positive result, they may appeal in writing to the MRO within 72 hours of the employee/applicant having been notified of the positive result. All positive urine samples will be kept at the laboratory for a period of one year, and at the employees request may be kept longer. The MRO and Drug Screening Coordinator should be notified of the appeal request so that arrangements for a second analysis process can be initiated on the split sample.
B. The employee will be responsible for any associated retest costs in advance and will be reimbursed by City of St. Francis if the retest is negative.
C. Requirements for retention of samples and retesting are specifically spelled out in the Mental Health Consortium’s Protocol for Drug Testing.
XXV. The MRO will have discretion to authorize a retest by the original or a different laboratory on the split specimen, if it is determined that the technical standards established for test methods or chain-of-custody procedures were violated in deriving a confirmed positive result or has other appropriate cause to warrant a retest.
XXVI. Record Keeping
A. Records relating to drug/alcohol testing will be maintained as confidential, available only on a strict “need to know” basis. Records will not be kept in an employee’s personnel file. Information regarding an individual’s drug and alcohol testing results or rehabilitation may be released only upon written consent of the individual EXCEPT:
1. such information must be released regardless of consent to a government agency as part of an accident investigation
2. such information may be disclosed regardless of consent in a lawsuit, grievance or other proceeding initiated by or on behalf of the individual and arising from a verified positive drug/alcohol test.
B. Records will be maintained according to mandated requirements. The Mental Health Consortium’s Protocol #10 identifies the most current requirements.
XXVII. Any changes made by City of St. Francis to this policy will be in conformance with stated regulations.
(Adopted January 16, 1996; Code 2003; Code 2015)