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5.g) and h)Staff Report-Drug and Alcohol PoliciesSCANDIA Staff RepoVt Date of Meeting: February 18, 2014 To: City Council From: Kristina Handt, City Administrator Re: Drug and Alcohol Testing Policies Background: The City's current Personnel Policy covers pre-employment drug and alcohol screening and establishes a drug free workplace as required by federal law. Public works employees are randomly tested as required by federal regulations. The City however, does not have a written policy for drug and alcohol testing for either commercial drivers or non-commercial drivers. Last year, the League of Minnesota Cities released a sample non -DOT policy. The Council reviewed the proposals at their March 12, 2013 work session and recommended approval with minor changes. Staff was waiting for Council action on other personnel before bringing forward a comprehensive update to the Personnel Policy. However, the Compensation Policy was adopted separately via resolution in July 2013 and the computer use policy had been approved in March 2013. Furthermore, the existing Personnel Policy makes reference to the adoption of other policies related to controlled substance and alcohol testing (Sec. I O.b)5)) so these policies can also be adopted to supplement the Personnel Policy. Updated proposals for both commercial and non-commercial (non -DOT) drivers are included in your packet. These were the policies previously reviewed by the City Attorney and the reference to the Employee Assistance Program was removed at Council direction. Issue: Should the City adopt drug and alcohol testing policies for commercial and non-commercial drivers? Proposal Details: Drug and Alcohol Policy for Commercial Drivers: This policy implements the requirements of federal law. It identifies conduct prohibited by federal law and by the City. The policy establishes required background checks and verifications and details testing procedures for pre-employment, post -accident, random, reasonable suspicion, return -to -duty, and follow up testing. The cost of the required testing is also laid out. Collection and testing procedures are outlined. The policy covers what happens when a driver refuses to submit to testing, retention and security of the records, and possible consequences for engaging in prohibited conduct. The rights of employees and job applicants are also outlined. Appendix A identifies the city administrator as the contact unless redesignated and Appendix B includes a list of definitions. Non -DOT Drub; and Alcohol Policy_ This policy would apply to city employees who are non-commercial drivers. Following the Council work session, the policy was updated to require pre-employment and reasonable suspicion testing. The employee/applicant's right to refusal and cost of the testing are discussed. This policy also covers prohibited conduct, the review and notification of test results, and the consequences for engaging in prohibited conduct. Fiscal Impact: Pre-employment drug tests cost about $65-70. Options: 1) Approve the policies for CDL and non -CDL drivers. 2) Amend and then approve the policies 3) Do not adopt the policies. Recommendation: Option 1