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4.j) Staff Report-Drug and Alcohol Testing Policies � � c_. ` . � � � � SCANDIA Staff Renort Date of Meeting: March 12, 2013 To: City Council From: Kristina Handt, City Administrator Re: Drug and Alcohol Testing Policies Agenda Item#: 4.j) 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. The League of Minnesota Cities recently released a sample non-DOT policy. Proposals for both commercial and non-commercial (non-DOT) drivers are included in your packet. Issue: Should the City adopt drug and alcohol testing policies for commercial and non-commercial drivers? Proposal Details: Dru�and Alcohol Policv 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. One item for the Council to consider is whether or not they would like to offer an Employee Assistance Program. Currently, these services are not provided in our current health insurance coverage but are available at an additional cost. I've included information from Blue Cross Blue Shield's Employee Assistance Program(EAP) in this packet. Simple telephonic services would cost approximately$2.50 per month. Additional services are available for an additional charge. The Council will need to decide if they want to offer this program or direct staff to take references to an EAP put of the policies. Appendix A identifies the city administrator as the contact unless redesignated and Appendix B includes a list of definitions. Non-DOT Drug and Alcohol Policv: This policy would apply to city employees who are non-commercial drivers. The Council should consider under which circumstances they would require testing. Options outlined in the policy are pre-employment,reasonable suspicion,treatrnent program,routine physical examination, and random testing. The policy also covers the employee/applicant's right to refusal and cost of the testing. This policy also covers prohibited conduct,the review and notification of test results, and the consequences for engaging in prohibited conduct. Similar to the DOT policy,the Council should determine if it will offer an EAP option or of that language should be taken out of the policy. Fiscal Impact: As previously mentioned, a basic EAP would cost the City about $2.50 per month since there are currently five contracts (three single and two family plans). Pre-employment drug tests cost about$65-70. Options: For DOT Policy: 1) Direct staff to include EAP language and place policy on consent agenda for next meeting 2) Direct staff to remove EAP language and place policy on the consent agenda for next meeting 3) Make other changes to the policy before placing it on the consent agenda for next meeting. 4) Do not adopt a written policy for drug and alcohol testing for commercial drivers. For Non-DOT Policy determine the following: 1) Decide if EAP language should be included 2) Decide under which circumstances testing should occur After determining the above and any other changes, direct staff to place the policy on the next consent agenda OR Do not adopt a written policy for Drug and Alcohol testing for non-commercial drivers. 2013 EAP Pricing PCPM PCPM Service Rate Service Rate Telephonic Only $0.50 Telephonic Only No additional charge Telephonic& 1-3 EAP Visits $0.75 Telephonic& 1-3 EAP Visits $0.25 Telephonic& 1-4 EAP Visits $1.00 Telephonic& 1-4 EAP Visits $0.50 Telephonic& 1-5 EAP Visits $1.25 Telephonic& 1-5 EAP Visits $0.75 Telephonic& 1-6 EAP Visits $1.50 Telephonic& 1-6 EAP Visits $1.00 Telephonic& 1-8 EAP Visits $1.75 Telephonic& 1-8 EAP Visits $1.25 Telephonic& 1-10 EAP Visits $2.00 Telephonic& 1-10 EAP Visits $1.50 Tele honic& 1-12 EAP Visits $2.25 Tele honic& 1-12 EAP Visits $1.75 Onsite Management/Supervisor Provide BCBSM employer groups with onsite Training $175.00 management/supervisor training sessions of up to 2 hours each as requested for an additional fee of$175.00/hour. Any additional onsite visits or training by VO staff, consultants or subcontractors beyond the number of hours Additional Onsite Training $175.00 in the MSA; MSA does allow one hour of employee orientation for each member as requested on an annual basis. Critical Incident consultation and debriefing services to Critical Incident $325.00 address situations requiring immediate onsite response related to disaster or potential threat, as requested by employer groups. Includes travel cost for local providers. DOT mandated, substance abuse provider(SAP)available SAP Services $750.00 to provide all requirements of the DOT regulations for evaluation and return to work. Annual Fee: Provide a designated Achieve Solutions website with the Designated Website 10,000 EE's: $2,000 Blue branding (BCBSM, BlueLink, CCStpa); designated >10,000 EE's: $6,000 Website will have a unique URL and allow for tracking of website utilization at the group level. Version 08.23.12 � � .-' Blue Cross and Blue Shield of Minnesota Employee Assistance Program Blue Cross and Blue Shield of o Programpromotionalmaterials Minnesota self-insured groups may O Translation services O TTY/TDD line for hearing impaired elect to purchase ourEmployee O Services available to all eligible employees and Assistance Program (EAP)for their members oftheirimmediatehousehold employees, including those not O Services are providedfree of charge* covered under the Blue Cross health Workplaceservices plan. We offer two program options, O Manager and supeivisor consultation regarding tivhich are outlined below employeeworkperformanceorbehaviorissues O Group leadership consultation on organizational issues and problems Phone-based EAP services at-a-glance Enhanced services at-a-glance Member services The following program provides all of the services O Professional,confidential assistance to help resolve outlined in the phone-based product plus the following any personal problem that may interfere with a membe�s additional services: health,emotional well-being or job performance O 1 to 3 in-person visits with an employee assistance O EAP services are an integrated part of Whole Person counselor(when clinically appropriate) Health Supports"' O National network of 25,000+EAP counselors O 24/7 access to master's degree-prepared counselors O Group-specific utilization reports O Unlimited assessment and professional consultation O Ouarterly newsletters for employees and supervisors by phone;no appointment necessary O Referral to appropriate resources 'Members may be referred to outside resources that may charge a fee. Members may be responsible for all or part these fees. O Access to attorneys for free legal consultation O Assistance with childcare and elder care zesource and refenal needs I�� � Employee Assistance Program options Professional,confidential assistance with any personal problem � � or concern 24/7 access to master's degreed EAP counselors � � Unlimited telephonic assessment and consultation— � � no appointment necessary Referral to appropriate resources including community-based � � services,health and wellness programs and health care providers Access to attorneys for free legal consultation � � Assistance with childcare and elder care resource and referral � � T'TY�TDD and translation services available � � Promotional materials � � Consultation for managers and supervisors regarding the � � management of employee job performance or workplace behavior issues Consultation with employers related to organizational issues � � and problems Integrated component of Whole Person Health Support � � 1-3 in-person visits with an EAP counselor(when appropriate) � Group specific EAP utilization reports � Ouarterly EAP newsletter for employees � Ouarterly newsletter for managers and supervisors � EAP services available for an additional fee Critical incident stress debriefing sessions � � Educational workshops � � Expanded EAP eligibility to include employees not covered � � under the Blue Cross health plan(available to 51+groups) X11736(11/09) CITY OF SCANDIA POLICY ON ALCOHOL AND CONTROLLED SUBSTANCES FOR COMMERCIAL DRIVERS PURPOSE AND OBJECTIVES The purpose of this policy is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This policy implements the requirements of the Federal Omnibus Transportation Employee Testing Act and the U. S. Department of Transportation Regulations, 49 C.F.R. Part 382. This policy is in addition to and separate from any additional drug and alcohol testing policy that the City may implement in the future. This policy does not in any way affect or change the status of any at-will employee. Nothing in this policy is a promise or guarantee or should be construed as a promise or guarantee that the City will follow any particular course of action, disciplinary, rehabilitative or otherwise, except as required by law. Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent over this policy to the extent the policy has not incorporated those revisions. CONDUCT PROHIBITED BY FEDERAL LAW The following conduct is explicitly prohibited by applicable Department of Transportation (DOT) regulations adopted by the Federal Motor Carrier Safety Administration (FMCSA) and therefore constitutes violation of City policy. • Use of Legally Prescribed Drugs: This misuse or abuse of le ag 1 dru s while performin.g safetv-sensitive functions is prohibited. Anv employee usin�any substance that carries a warnin�label that indicates that mental functionin ,g motor skills or jud�anent mav be adverselv affected must report that substance to his/her supervisor The emplovee must also obtain a written release from the attendin� physician that releases the emplovee to perform their job duties whenever thev are usin�a performance-alterin� substance. The appropriate use of le�allv nrescribed dru�s and non-prescri�tion medications is not prohibited. • Alcohol Concentration: No Driver may report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No Driver shall perform or continue to perform any safety-sensitive function with an alcohol concentration of 0.02 or greater, but less than 0.04 until the start of the driver's next regularly scheduled duty,but not less than twenty-four hours following administration of the test. • On-Dutv Use of Alcohol: No Driver may use alcohol while performing safety- sensitive functions. • Pre-Dutv Use of Alcohol: No Driver may perform safety-sensitive functions within four(4)hours after using alcohol. Adopted: ? 2013 Page 1 of 19 • On-Call Use of Alcohol: No Driver mav use alcohol durinE on-call hours. • Alcohol Use Followin� an Accident: No Driver required to take a post-accident alcohol test may use alcohol for eight (8) hours following the accident, or until the Driver undergoes a post-accident alcohol test, whichever occurs first. • Refusal to Submit to a Required Alcohol or Controlled Substance Test: No Driver may refuse to submit to a post-accident, random,reasonable suspicion, or follow-up alcohol or controlled substance test. In the event an applicant or Driver refuses to submit to required alcohol or controlled substance testing, no test will be conducted. Refusal by a Driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause disqualification from performing safety-sensitive functions, and may appear on the Driver's permanent record. Drivers who refuse to submit to testing will be subject to discipline. If an applicant refuses to submit to pre- employment controlled substance testing, any conditional offer of employrnent will be withdrawn. For purposes of this section, a Driver refuses to submit to an alcohol or controlled substance test when the Driver: (1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; (2) fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing; (3) fails to report for testing within a reasonable period of time, as determined by the City; (4) fails to remain at a testing site until testing is complete; (5) in a case of directly observed or monitor collection, fails to permit observation or monitoring; (6) fails or declines to take a second test as required by the City and/or collector; (7) fails to undergo a medical examination as directed by the City pursuant to federal law; or (8) engages in conduct that clearly obstructs the testing process. Adopted: ? 2013 Page 2 of 19 Refusal by a Driver to complete and sign the alcohol testing form,to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise cooperate in a way that prevents the completion of the testing process constitutes a refusal to test. • Controlled Substance Use: No Driver may report for duty or remain on duty requiring the performance of safety-sensitive functions when the Driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the Driver in writing that the substance does not adversely affect the Driver's ability to safely operate a commercial motor vehicle. Drivers must inform the City in writing of any therapeutic controlled substance use immediately after receiving any such advice. • Controlled Substance Testing: No Driver may report for duty, remain on-duty or perform a safety-sensitive function if the Driver tests positive for controlled substance or has adulterated or substituted a test specifinen for a controlled substance. CONDUCT PROHIBITED BY THE CITY In addition to the conduct prohibited by applicable DOT and FMCSA regulations, the City has adopted the following prohibitions and policies based on its independent authority. • Manufacture, Trafficking, and Sale: No Driver may engage in the manufacture, sale,purchase, solicitation to sell or purchase, transportation, distribution, or dispensing of alcohol or controlled substance or controlled substance paraphernalia while on duty,performing safety-sensitive functions, on City premises, or in any City vehicle. Law enforcement will be notified, as appropriate, when criminal activity is suspected. • Criminal Controlled Substance or Alcohol Convictions: Any Driver convicted under any federal, state, or local criminal controlled substance or alcohol statute for a violation occurring in the workplace, on City premises, or in any City vehicle must notify the City in writing of such conviction no later than five (5) days after such conviction. REQUIRED BACKGROUND CHECKS AND VERIFICATIONS The City will conduct background checks of applicants for employment to drive a commercial motor vehicle. Applicants must execute a consent form authorizing the City to obtain the required information. The City will obtain(pursuant to the applicant's written consent) information on the applicant's alcohol tests with a concentration result of 0.04 or greater, positive controlled substance test results, and refusals to be tested within the preceding two (2) years which are maintained by the applicant's previous employers. In addition, the City will obtain all information concerning the applicant which is maintained by the applicant's previous employers within the preceding two (2) years pursuant to FMCSA controlled substance and alcohol testing regulations. The City will review such records, if feasible, prior to the first time a Driver performs safety-sensitive functions,but in any event no later than thirty(30) calendar Adopted: ? 2013 Page 3 of 19 days after the first time a Driver performs safety-sensitive functions for the City. CONTROLLED SUBSTANCE AND ALCOHOL TESTING The City may test any applicant to whom a conditional offer of employment has been made and may test any Driver for controlled substance and alcohol under any of the following circumstances: A. Pre-Emplovment Testing The City will conduct pre-employment controlled substance testing of each applicant for a Driver position after a conditional job offer has been made to the applicant and prior to the first time a Driver performs a safety-sensitive function for the City. Employees transferring from a non-sensitive function to a safety- sensitive function must also undergo pre-employment controlled substance testing. A Driver may not perform safety-sensitive functions unless the Driver has received a controlled substance test result from the Medical Review Officer indicating a verified negative test result. Pre-employment alcohol testing will not be conducted. If an applicant receives a confirmed positive controlled substance screen result, the offer of employment will be withdrawn and the applicant will be disqualified from applying for employment for a period of one year from the effective date of the disqualifying action. Testing shall not be required if: • The employee has participated in a controlled substances testing program that meets the requirements of 49 C.F.R. 382.301 within the previous thirty days; and • While participating in that program,the employee either: o Was tested for controlled substances within the past six months (from the date of application with the employer); or o Participated in the random controlled substances testing program for the previous twelve months(from the date of applications with the employer); and no prior employer of the employee has records of a violation of 49 C.F.R. 382 or the controlled substances use rule of another DOT agency within the previous six months. Should the City elect this method as an alternative to pre-employment controlled substance testing, the City must obtain information from the applicant's previous employers certifying compliance with another DOT controlled substance testing program. If requested, the applicant or employee must execute a consent form authorizing the disclosure of such information. Adopted: ? 2013 Page 4 of 19 When a covered employee has not performed a safety-sensitive function for 90 consecutive calendar days, and the employee has not been in the random selection pool during that time, the employee is subject to the following activities: • The employee must take a pre-employment drug test which produces verified negative results. • A pre-employment pre-transfer test will also be performed whenever an employee's status changes from inactive status to active status in a safety-sensitive position. This status change includes,but is not limited to, return from Worker's Compensation leave or a return from leave which exceeds ninety days in length. B. Post-Accident Testin� As soon as practicable following an accident involving a commercial motor vehicle operating on a public road in commerce, a alcohol and controlled substance tests will be administered to the employee(s)performing a safety- sensitive function and whose performance either contributed to the accident or cannot be completely discounted as a contributing factor, wherein (1) the accident involved the loss of human life; or (2) the employee receives a citation under State or local law for a moving traffic violation arising from the accident and one of the following two conditions is met: (1) the accident involved bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident, or (2) one or more motor vehicles incurring disabling damage as a result of the accident,requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. A Driver who is subject to post-accident testing must remain readily available for such testing. Drivers that are not readily available for such testing may be deemed by the City to have refused to submit to testing. Drivers are required to submit to post-accident controlled substance testing as soon as possible within thirty-two (32) hours of the accident. If the Driver is not tested within thirty-two (32)hours after the accident, the City will cease its attempts to test the Driver and prepare and maintain on file a record stating why the test was not promptly administered. Drivers are required to submit to post-accident alcohol testing as soon as possible or within two (2)hours of the accident,but in any event no more than eight (8) hours, after the accident. After an accident, consuming alcohol is prohibited until the Driver is tested. If the Driver is not tested within two (2)hours after the accident, the City will prepare and maintain on file a record stating why the test was not administered within that time. If the Driver is not tested within eight (8) Adopted: ? 2013 Page 5 of 19 hours after the accident, the City will cease its attempts to test the Driver and prepare and maintain on file a record stating why the test was not administered. In the event of an accident, it is possible that the Driver will be directed to submit to a breath,blood, or urine test for the use of alcohol or controlled substance � administered by a federal, state, or local law enforcement officer. Whenever such a test is conducted by a law enforcement officer, the Driver must contact the City and immediately report the existence of the test, providing the name,badge number, and telephone number of the law enforcement officer who conducted the test. C. Random Testin� Through a consortium, the City will receive the names of randomly-selected drivers subject to this policy for unannounced alcohol and controlled substances testing using a computer-based random number generator that is matched with the employee's identifying number. Alcohol testing shall be performed just before, during or after the driver's performance of safety-sensitive duties. Drivers selected for testing must proceed immediately to the testing site; provided, however, that if an employee is performing a safety-sensitive function at the time of notification, the driver shall cease performing the safety-sensitive function and proceed to the testing site as soon as possible. FWHA rules require the City conduct random controlled substances testing on 50% of the average number of drivers and random alcohol testing on 10% of the average number of drivers. Drivers may be selected for more than one test per year. Tests shall be spread reasonably throughout the year. If a Driver is selected for a random test while he or she is absent, on leave or away from work, that Driver will be required to undergo the test when he or she returns to work. D. Reasonable Suspicion Testing 1) City's Determination Of Reasonable Suspicion Of Alcohol Violations. The City shall require a driver to submit to an alcohol test when the appointing authority has reasonable suspicion to believe that the driver has violated the provisions of federal law concerning alcohol. The City's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance,behavior, speech, or body odors of the driver. 2) Citv's Determination Of Reasonable Suspicion Of Controlled Substance Violations. The City shall require a driver to submit to a controlled substance test when the appointing authority has reasonable suspicion to believe that the driver has violated the prohibitions of federal law or this policy concerning controlled substances. The City's determination that reasonable suspicion exists to require the driver to undergo a controlled substance test must be based on specific, contemporaneous, articulable observations concerning the appearance, Adopted: ? 2013 Page 6 of 19 behavior, speech, or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. 3) Trained Supervisor Of Emplovee. The required observations for alcohol and/or controlled substance reasonable suspicion testing shall be made by a supervisor or an employee of the City who is trained in accordance with federal law. The person who makes the determination or who observes or assists with making the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. 4) Timin� of Reasonable Suspicion Observations. Alcohol testing is authorized by federal law and this policy only if the observations required by paragraph (a) above are made during,just proceeding, or just after the period of the work day that the driver is required to be in compliance with federal law and these rules. The driver may be directed by the City to only undergo reasonable suspicion testing while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions,just after the driver has ceased performing such safety-sensitive functions or while the driver is in a state of readiness to perform safety-sensitive functions. 5) Citv Dru� and Alcohol Testing Policv. If the driver is not performing safety-sensitive functions and reasonable suspicion exists, drivers may be tested for drugs and alcohol under the City of Scandia Drug and Alcohol Testing Policy. 6) Prompt Administration of Test. If an alcohol test required by federal law and this policy is not administered within two hours following the determination of reasonable suspicion, the City shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by federal law and this policy is not administered within eight (8) hours following the determination of reasonable suspicion, the city shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. 8) Written Records Of Observations. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or another city employee who made the observations within twenty-four (24) hours of the observed behavior or before the test results are released, whichever is earlier. E. Return-to-Dutv Testin� The City reserves the right to impose discipline against Drivers who violate applicable FMCSA rules or this policy, subject to applicable personnel policy and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such Drivers. Should the City consider reinstatement of such a Driver, the Driver must undergo a return- to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved a controlled substance,before the Driver returns to duty requiring the performance of a safety-sensitive function. Adopted: ? 2013 Page 7 of 19 F. Follow-Up Testing 1) Follow-Up Alcohol and/or Controlled Substance Test. Following a determination that an employee is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the City shall ensure that the employee is subject to unannounced follow-up alcohol and/or controlled substance testing as directed by a substance abuse professional in accordance with the federal law. Follow up testing shall not exceed sixty (60) months from the date of the employee's return to duty, but must include, minimally, six unannounced follow-up tests within the first twelve months of safety-sensitive duty. A refusal to take the test or a confirmed positive test will result in termination of employment. 2) Timin� of Follow-� to Alcohol Test. Follow-up alcohol testing shall be conducted only while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, just after the driver has ceased performing such safety-sensitive functions or while the driver is in a state of readiness to perform safety- sensitive functions. G. Cost of Required Testing The City will pay for the cost of pre-employment, post-accident, random, and reasonable suspicion controlled substance and alcohol testing requested or required of all job applicants and employees. The Driver must pay for the cost of all requested confirmatory re-tests, return-to-duty, and follow-up testing. COLLECTION AND TESTING PROCEDURES A. Alcohol Testing Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved testing device operated by a trained technician. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test will be observed and performed between fifteen minutes and no more than 30 minutes from the completion of the original test, using the NHSTA-approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT). The EBT will identify each test by a unique sequential identification number. This number, time of test, and unit identifier will be provided on each EBT printout. The EBT printout along with an approved alcohol testing will be used to document the test and the subsequent results and to attribute the test to the correct employee. The test will be performed in a private, confidential manner as required by 49 CFR Part 40 as amended. The procedures will be followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures and validity of the test results. Adopted: ? 2013 Page 8 of 19 B. Controlled Substances Testing Controlled substances testing is conducted by analyzing an employee's urine specimen. Split urine samples will be collected according to FHWA regulations. The employee will provide a urine sample at a designated collection site. The collection site person shall pour the urine specimen into two bottles labeled "primary" and "split", seal the specimens, complete a chain of custody document and prepare the bottles for shipment to the testing laboratory for analysis. If the employee is unable to provide the appropriate quantity of urine, the collection site person shall instruct the employee to drink not more than 40 ounces of fluids and after a period of no more than three hours, again attempt to provide a complete sample. If the employee is still unable to provide a complete sample, the testing shall be discontinued and the City notified. The MRO shall refer the employee for a medical evaluation to determine if the employee's inability to provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the City may elect to not have the referral made and revoke the employment offer. Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports the results to the City's designated contact person. If the results are negative, the City is informed and no further action is necessary. If the test result is confirmed positive or determined to have been adulterated or substituted, the MRO shall give the employee an opportunity to discuss the test result. The MRO must review any medical records supplied by an employee to determine if a confirmed positive test is the result of the employee having taken legally prescribed medication. The MRO shall notify each employee that the employee has 72 hours in which to request a test of the split specimen at the employee's expense. The MRO will contact the employee directly on a confidential basis, to determine whether the person wishes to discuss the positive, adulterated or substituted specimen test result. The MRO will review the confirmed positive, adulterated, or substituted specimen test result to determine whether there is an acceptable medical reason for the result. The MRO shall verify and report a positive test result to the City when there is no legitimate medical reason for a positive test result as received from the testing laboratory. If after making reasonable efforts and documenting these efforts, the MRO is unable to reach the employee directly, the MRO must contact the designated City contact person, who shall direct the employee to contact the MRO. If the City contact person is unable to contact the employee, the employee will be placed on suspension. The MRO may verify a test positive without having communicated directly with the employee about the test results under the following circumstances: (a) The employee expressly declines the opportunity to discuss the test results. (b) The employee has not contacted the MRO within five (5) days of being instructed to do so by the City. Adopted: ? 2013 Page 9 of 19 REFUSAL TO SUBMIT If the driver refuses to undergo required testing under federal regulations, no test shall be given, and the driver will be considered insubordinate and subject to disciplinary action including dismissal. In the case of a job applicant applying to drive for the City, if the applicant refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. If a specimen has been determined to be adulterated or a substituted specimen and no medical reason has been determined for such, the test result shall be considered a refusal to test. RECORD SECURITY AND RETENTION All drug and alcohol testing records will be maintained in a secure manner so that disclosure of information to unauthorized persons does not occur. Information will only be released in the following circumstances: • To a third party if a release from the employee is received in writing • To the decision-maker in a lawsuit, grievance, or other proceeding initiated by, or on behalf, of the employee tested and arising from the results of a drug and alcohol test covered by this policy to include but not limited to, worker's compensation, unemployment compensation, or other proceedings relating to a benefit sought by the employee • To a subsequent employer upon receipt of a written request from the employee • To the National Transportation Safety Board during an accident investigation • To the federal Department of Transportation,to the state Department of Transportation, or to any DOT agency with regulatory authority over the employer or any of its employees • To the employee,upon written request The City will maintain records of its anti-drug and alcohol misuse program in a secure location with controlled access. Records will be retained according to the following minimum criteria: • For one year: * Verified negative drug test results * Alcohol test results less than 0.02 • For two years: * Records related to the collection process for alcohol and drug testing to include but not limited to: documents related to random selections, reasonable suspicion determinations, and post accident determinations; medical evaluations for insufficient amounts of urine and breath; and supervisor and employee education and training records * Records of inspection,maintenance,and calibration of EBT's * Supervisor, employee, BAT, and ST"I' education and training records shall be kept for two years after the person ceases those specific functions Adopted: ? 2013 Page 10 of 19 � For three years: Information obtained from previous employers concerning alcohol and drug test results • For five years: * Records of covered employee verified positive alcohol test with readings of 0.02 or greater * Records of covered employee drug test with verified positive results � SAP evaluations and referrals of employees for alcohol misuse * Employee compliance with recommendations of the SAP for drug use and/or alcohol misuse,including results of return-to-duty and follow-up testing * SAP evaluation and referrals of employees for drug use * Annual MIS reports � Documentation of refusals to take required drug or alcohol tests Retention time frames and the types of retained documents will be in conformance with 49 CFR,Part 382. CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED CONDUCT Employees who are known to have engaged in prohibited behavior, with regard to alcohol misuse or use of controlled substances, are subject to the following consequences: (a) Employees shall not be permitted to perform safety-sensitive functions; (b) Employees shall be advised by the City of the resources available to them in evaluating and resolving problems associated with misuse of alcohol or use of controlled substances; (c) Employees shall be evaluated by a substance abuse professional as determined by the City. The substance abuse professional shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substance use; (d) Participation in a counseling or rehabilitation program will be at the employee's own expense or pursuant to coverage under the employee's benefit plan. (e) Before an employee returns to duty requiring performance of a safety-sensitive function he/she shall undergo a return-to-duty test with a result indicating a breath alcohol level of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use; (fl In addition, each employee identified as needing assistance in resolving problems associated with alcohol or controlled substances shall be evaluated by a substance Adopted: ? 2013 Page 11 of 19 abuse professional to determine that the employee has followed the rehabilitation program prescribed; (g) The employee shall also be subject to unannounced follow-up alcohol and controlled substance testing following the employee's return to work. This testing shall be as directed by the substance abuse professional and federal law; (h) Federal Highway Administration (FHWA) rules require that in the event of an alcohol test result over 0.02 but less than 0.04, an employee shall not be permitted to perform safety-sensitive functions for at least 24 hours. No action will be taken against an employee or job applicant based on a positive initial result that has not been verified by a confirmatory test. If a job applicant receives a positive confirmatory test result, the City will withdraw the conditional offer of employment and provide the applicant with the reason. If an employee receives a positive confirmatory test result, the City will make reasonable accommodations to allow the employee to participate in a counseling or rehabilitation program. However, the City may discharge the employee if the employee refuses to follow and successfully complete any and all recommendations outlined by the substance abuse professional. Accommodations will be made for the initial rehabilitation. The City will consider the frequency and/or severity of subsequent positive confirmatory tests and such tests may be considered a failure to successfully complete the program. If the City deems that there was a failure to successfully complete the program, the employee will be disciplined up to and including discharge. If the City believes it is necessary to protect the safety of the employee, the employees, or the public, the City may temporarily suspend or reassign the employee pending the outcome of the confirmatory test or re-test. RIGHTS OF EMPLOYEES AND JOB APPLICANTS Opportunity to Explain — Upon a positive confirmatory test result, an employee or job applicant will be given the opportunity to explain the positive drug confirmatory test result with the Medical Review Officer. If the MRO upholds the positive drug determination, that test result will be provided to the City. There is no opportunity to explain a positive alcohol test provided in the rules. Confirmatory Re-Test - Any employee or job applicant may request a confirmatory re-test of the original sample, at the expense of the employee or job applicant, within 72 hours of receiving notice of a confirmed positive, adulterated, or substituted specimen test result. The driver will not have the opportunity to provide another specimen. If the employee requests an analysis of the split specimen within 72 hours of having been informed of a verified positive, adulterated, or substituted specimen test,the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis. If an employee has not contacted the MRO within 72 hours, the employee may present the MRO with information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive, adulterated or substituted sample test, or other Adopted: ? 2013 Page 12 of 19 unavoidable circumstances prevented the employee from making timely contact. If the MRO concludes that there is a legitimate explanation for the employee's failure to contact within 72 hours,the MRO shall direct the analysis of the split specimen. If the confirming retest is negative, no adverse action will be taken against the employee and an applicant will be considered for employment. The City may reimburse the employee for the expense of a re-test that is negative. The City will not discharge an employee that, for the first time, receives a verified positive drug or alcohol test result unless: (a) The employee refuses to meet with a substance abuse professional for the purpose of an evaluation for alcohol and/or controlled substance use and/or abuse and recommendations for an educational, counseling, or treatment program; or (b) The employee fails to enter the recommended program, or fails to successfully complete the program; or (c) The employee fails a return-to-duty alcohol and/or controlled substance test at the successful completion of the recommended program or subsequent unannounced follow-up alcohol and/or controlled substance testing. GENERAL PROVISIONS [The City has in place an Employee Assistance Program to assist employees in addressing alcohol or drug abuse problems. Employees are encouraged to seek assistance before the problem affects their employment status. Participation in the program is confidential and normally voluntary,but participation may be required if usage of drugs or alcohol are determined to be present.] Should be removed if City decides not to offer EAP Violations of this policy may constitute just cause for discipline, up to and including discharge. Each situation will be evaluated on an individual basis depending upon the severity and circumstances involved. Any alcohol and/or drug testing other than that required for operators of Commercial Motor Vehicles shall be in accordance with Minnesota Statutes 181.950-957 (1987), the Minnesota Drug and Alcohol Testing in the Workplace Act. Adopted: ? 2013 Page 13 of 19 APPENDIX A CONTACT The employer designated contact person will coordinate the implementation, direction, and administration of the City's alcohol and controlled substances policy. The contact person is the principal contact for the collection site, the testing lab,the MRO, the BAT and the person tested. The contact person will usually be the city administrator, but may be redesignated due to absence or change in policy. Employees should contact their immediate supervisor or the city administrator with questions or for additional information about this policy. APPENDIX B DEFINITIONS Accident — An occurrence involving a commercial motor vehicle operating on a public road which results in: (1) A fatality; (2) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; (3) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. Alcohol — the intoxicating agent in a beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol Concentration (or content) — 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 policy and federal regulations. BAT (Breath Alcohol Technician) — an individual who instructs and assists individuals in the alcohol testing process and operates an EBT. Chain of Custody — procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. Commercial Motor Vehicle — a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property of the motor vehicle; and (a) has gross combination rating of 26,000 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or Adopted: ? 2013 Page 14 of 19 (b) has a gross vehicle weight rating of 26,001 or more pounds; or (c) is designed to transport 16 or more passengers, including the driver; or (d) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations set forth under 49 C.F.R. part 172, subpart F. (e) a commercial motor vehicle does not include a fire truck or other emergency fire equipment. Confirmation Test— for alcohol testing it means a second test, following a screening test with a result of.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing, it means a second analytical procedure to identify the presence of a specific drug. The test is a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique in chemical principal from that of the screen test in order to insure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine,marijuana, opiates, amphetamines, and phencyclidine.) Confirmatory Retest - For controlled substances it means a third analytical procedure to reconfirm the presence of a specific drug. If the test result of the primary specimen is positive, adulterated or a substituted specimen, the driver may request that the MRO direct the split specimen be tested in any different DHHS-certified laboratory for presence of drug(s). (A confirmatory retest is done at the request and expense of the employee.) The retest will be done using the original specimen provided. The driver will not have the opportunity to provide another specimen. Consortium — an entity, including a group or association of employers or contractors, that provides alcohol or controlled substance testing as required by federal regulation, or other U.S.Department of Transportation alcohol or controlled substances testing rules, and that acts on behalf of the employers. Controlled Substance —any drug which is not legally obtainable or which is legally obtainable but either has not been legally obtained or is misused. The term includes, but is not limited to, marijuana, cocaine, stimulants, depressants, narcotics, hallucinogens, prescription drugs not properly used according to physician directions, prescription drugs not being used for prescribed purposes and prescription drugs procured by fraud. Driver — any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: full-time, regularly employed drivers; part-time and temporary drivers; leased drivers and independent owner/operator contractors who are either directly employed by or under lease to the employer or who operate a commercial motor vehicle at the direction of or with the consent of the employer. For the purposes of pre-employment/pre-duty testing only, the term Adop�ed: ? 2013 Page 15 of 19 driver includes a person applying to the City for employment to drive a commercial motor vehicle. EBT (Evidential Breath Testing Device) — 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." FHWA.—The Federal Highway Administration. MRO — Medical Review Officer. A licensed physician responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result, adulterated test result, or substituted specimen test result together with driver's medical history and any other relevant biomedical information. Performing (a safety sensitive function) — a driver is considered to be performing a safety sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform, or in a state of readiness to perform any safety sensitive function while on duty. Reasonable Suspicion —means that the City believes the appearance, behavior, speech or body odors of a driver are indicative of the use of a controlled substance or alcohol based on the observation of at least one (1) supervisor or official who has received training in the identification of behaviors indicative of drug and alcohol use. Refuse to Submit(to an alcohol or a controlled substances test)—occurs when a driver: (a) fails to provide adequate breath for testing without a valid medical explanation after the driver has received notice of the requirement for breath testing in accordance with the provisions of this policy, (b) fails to provide adequate urine for controlled substances testing without valid medical explanation after the driver has received notice of the requirement for urine testing in accordance with the provisions of this policy and federal regulation, or (c) provides a confirmed adulterated or substituted specimen and fails to provide a legitimate explanation to the MRO's satisfaction for the adulterated or substituted specimen, or (d) engages in conduct that clearly obstructs the testing process. Safety-Sensitive Function—any of the following: (a) All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched or in a state of readiness to drive Adopted: ? 2013 Page 16 of 19 and/or maintain a commercial motor vehicle, unless the driver has been relieved from duty by the City; (b) All time inspecting equipment as required by federal regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; (c) All driving time which shall mean all time spent at the driving controls of a commercial motor vehicle in operation; (d) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth, which shall mean a berth conforming to the requirements of federal regulations; (e) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (fl All time spent performing the driver requirements of the federal statutes related to accidents; (g) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle. Screening Test (also known as Initial Test) — in alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative"urine specimens from further consideration. Substance Abuse Professional — a licensed physician (Medical Doctor or poctor 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 and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. Adopted: ? 2013 Page 17 of 19 CITY OF SCANDIA DRUG SCREENING ACKNOWLEDGEMENT AND CONSENT FORM The City Policy requires that any employee or job applicant complete this form before undergoing a test for drug or alcohol use. I, , voluntarily authorize the collection of my blood and/or urine in the such a manner as this authorized testing laboratory deems appropriate for drug or alcohol testing purposes. In addition, I authorize the City to receive the results of the test from the designated laboratory analyzing the sample(s). I have been given and have seen a copy of the Drug and Alcohol Policy of the City and consent to be tested. I understand that the results of this testing may affect my employment status with the City. I understand that in order to ensure accuracy in this screening, I have the right to indicate � and all of the prescription drugs or over-the-counter medications I have taken within the last sixtv 60 davs, as well as any other information relevant to the reliability of, or explanation for, a positive test result. I, therefore voluntarily provide that I am currently taking, or have taken within the last 60 days, the following drugs/medications: (Write "None" if applicable). Signature ........................Date Witness ...........................Date Adopted: ? 2013 Page 18 of 19 CITY OF SCANDIA DRUG SCREENING REFUSAL I refuse to submit to a drug or alcohol test. I have been given and have seen a copy of the Drug and Alcohol Policy of the City and understand that a refusal to submit to testing may disqualify me from consideration for employment or, if an employee, subject me to discipline including,but not limited to, discharge. Signature: Date: Witness: Date: DATA PRIVACY NOTICE The information collected pursuant to this Policy is to be used to determine your eligibility for employment and the performance of certain safety sensitive functions. You are not required to provide the information and submit to the tests,but your failure to do so will result in the City not considering your application for employment,withdrawing a conditional job offer made, or recommending that you be discharged from employment,whichever may apply. The results of the tests performed will be private data and will not be released to other employers, governmental agencies, or persons without the written consent of the employee tested, except as provided by regulation and law or pursuant to a court order. Only those individuals with a necessity to perform their functions under this Policy will have access to the test results. Adopted: ? 2013 Page 19 of 19 CITY OF SCANDIA DRUG AND ALCOHOL TESTING AND DRUG FREE WOKPLACE ACT POLICY FOR NON-COMMERCIAL DRIVERS (NON-DOT POLICY) PURPOSE AND OBJECTIVES The City of Scandia ("City") has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The City of Scandia does not intend to intrude into the private lives of its employees, but strongly believes that a drug- and alcohol-free workplace is in the best interest of employees and the public alike. Alcohol and drug abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers' compensation claims, higher insurance rates, and an increase in theft of city property. The City of Scandia's Drug and Alcohol Testing Non-DOT policy has been established for the purpose of providing a safe workplace for all. City employees and applicants required to hold a commercial driver's license by the United States Department of Transportation ("DOT") for their job will be tested under the City's Policy on Controlled Substance and Alcohol Testing for Commercial Drivers (the "DOT Policy"). All other employees and job applicants offered employment with the city must undergo testing as described by this policy. To ensure the policy is clearly communicated to all employees and applicants to whom offers of employment have been made, and to comply with state law, employees and applicants are required to review this policy and sign the "policy acknowledgement." A job applicant will also acknowledge in this form that he/she understands that passing the drug test is a requirement of the job. PERSONS SUBJECT TO TESTING & CIRCUMSTANCES UNDER WHICH TESTING MAY BE REQUIRED Under this policy, the City may test any applicant to whom an offer of employment has been made, and may test any employee for alcohol and/or controlled substance under any of the following circumstances with a properly accredited or licensed testing laboratory, in accordance with Minn. Stat. § 181.953, subd. 1: [NOTE: The City will choose which types of testing to incorporate into this policy- Choose any or all of the five bracketed testing types below] Adopted: ? 2013 Page 1 of 10 fPre-Emplovment Testing. Every job applicant offered employment with the city receives the offer conditioned upon successful completion of a drug test, among other conditions. If the job offer is withdrawn based on drug test results, the city will inform the applicant of the reasons for the withdrawal. A failure of the drug test, a refusal to take the test, or failure to meet other conditions of the offer will result in a withdrawal of the offer of employment even if the applicant's provisional employment has begun. A negative or positive dilute test result (following a second collection), which has been confirmed, will also result in immediate withdrawal of an offer of employment to an applicant. [Note: The Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA) does not bar termination for reasons other than a positive test resulz See Belde u Ferguso�i Enters., 460 F.3d 976 (8th Cir. Minn. 2006). Thus, a City may terminate or withdraw an offer based on an adulterated sample] [City may want to address temporary and seasonal employees as well: Temporary and seasonal employees are not subject to this policy with the exception of those designated by the hiring department as safety-sensitive positions. OR Temporary and seasonal employees are also subject to this policy. May want to address when testing will be conducted for temporary and seasonal rehires (perizaps require a new drug test if it's been at least oile year from the date of tlzeir last drug screen).] Current policy allows for testing of seasonal and temporary employees if the position they hold requires the use of a city vehicle. IReasonable Susnicion Testing. Consistent with Minn. Stat. § 181.951, subd. 3, employees will be subject to alcohol and controlled substance testing when reasonable suspicion exists to believe that the employee: • Is under the influence of alcohol or a controlled substance; or • Has violated written work rules prohibiting the use, possession, sale or transfer of drugs or alcohol while working, while on city property, or while operating city vehicles, machinery or any other type of equipment; or • Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or has caused another employee to sustain an injury or; • Has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled substance or containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the city's policies concerning alcohol or drugs may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Record Form. For off-site collection, employees will be driven to the employer-approved medical facility by their supervisor or a designee. For an on-site collection service, the employee will remain on site Adopted: ? 2013 Page 2 of 10 and be observed by the supervisor or designee. The medical facility or on-site collection service will take the urine or blood sample, and will forward the sample to an approved laboratory for testing. Pursuant to the requirements of the Drug-Free Workplace Act of 1988, all City employees, as a condition of continued employment, will agree to abide by the terms of this policy and must notify the City Administrator of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. If required by law or government contract, the City will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee.] fTreatment Program Testin�. In accordance with Minn. Stat. § 181.951, subd. 6., the City may request or require an employee to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation, or is participating in a chemical dependency treatment progam under an employee benefit plan. In such a case, the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program.] [Routine Phvsical Examination Testin�. The City may request or require an employee to undergo drug testing as part of a routine physical examination. The City, in accordance with Minn. Stat. § 181.951, subd. 3, will request or require this type of testing no more than once annually, and the employee will be provided with at least two weeks' written notice that the test will be required as part of the physical examination.] [Random Testin�. In accordance with Minn. Stat. § 181.951, subd. 4, the City may require an employee to submit to random testing if the employee is in a safety-sensitive position.] Right of Refusal. Employees and job applicants have the right to refuse to submit to an alcohol or drug test under this policy. However, such a refusal will subject an employee to immediate termination. If an applicant refuses to submit to applicant testing, any conditional offer of employment will be withdrawn. Any intentional act or omission by the employee or applicant that prevents the completion of the testing process constitutes a refusal to test. An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts to alter a testing sample is considered to have refused to take a drug and/or alcohol test. In such a case, the employee is subject to immediate termination of employment, and in the case of an applicant, the job offer will be immediately withdrawn. Adopted: ? 2013 Page 3 of 10 Refusal on Religious Grounds An employee or job applicant who, on religious grounds, refuses to undergo drug or alcohol testing of a blood sample will not be considered to have refused testing, unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. Cost of Required Testing. The City will pay for the cost of all drug and alcohol testing requested or required of all job applicants and employees, with the exception of confirmatory retests. Job applicants and employees are responsible for paying for all costs associated with any requested confirmatory retests. PROHIBITION AGAINST CONTROLLED SUBSTANCE AND ALCOHOL Use and Possession of Alcohol or Drug(s). Employees are prohibited from the use, possession, transfer, transportation, manufacture, distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol, drugs, or drug paraphernalia while on duty; is on City premises; while operating any City vehicle, machinery, or equipment; or when performing any city business, except (1) pursuant to a valid medical prescription used as properly instructed; (2) the use of over-the-counter controlled substance used as intended by the manufacturer; or (3) when necessary for approved law enforcement activity. While Impaired of Alcohol or Drug(s). Employees are prohibited from being under the influence of alcohol or drugs or having a detectable amount of an illegal drug in the blood or urine [Note: the City should partner with its testing laboratory before establishing percentage levelsJ when reporting for work; while on duty; is on the City's premises; while operating any city vehicle, machinery, or equipment; or when performing any City business, except (1) pursuant to a valid medical prescription used as properly instructed; or (2) the use of over-the- counter controlled substance used as intended by the manufacturer. Drivin� While Imuaired. A conviction of driving while impaired in a City-owned vehicle at any time during business or non-business hours, or in an employee-owned vehicle while conducting city business,may result in discipline, up to and including discharge. Criminal Controlled Substance Convictions. Any employee convicted of any criminal drug statute must notify his or her supervisor and the City Administrator in writing of such conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a controlled substance-related conviction, the City will take appropriate personnel action against the employee up to and including discharge, or require the employee to satisfactorily participate in a controlled substance abuse assistance or rehabilitation program as an alternative to termination. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to Adopted: ? 2013 Page 4 of 10 work and will be subject to disciplinary action, including dismissal from employment. In accordance with the Federal Drug-Free Workplace Act of 1988, if the City is receiving federal grants or contracts of over $25,000, the City will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee.' Failure to Disclose Lawful Controlled Substance. Employees taking a lawful controlled substance, including prescription and over-the-counter controlled substances, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee's responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure,the employee will not be authorized to perform safety-sensitive functions. REVIEW AND NOTIFICATION OF TEST RESULTS Notification of Negative Test Results. In the case of job applicants and in accordance with Minn. Stat. § 181.953, the City will notify a job applicant of a negative drug result within three days of receipt of result by the City, and the hiring process will resume. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the city within three working days of the confirmatory test result. A "Negative Test Results Notification" form will be sent to the job applicant, and the job applicant may request a copy of the test result report from the City. In the case of current employees and in accordance with Minn. Stat. § 181.953, the Citywill notify the employee of a negative drug and/or alcohol result within three days of receipt of result by the city. A "Negative Test Results Notification" form will be sent to the employee, and he or she may request a copy of the test result report from the City Administrator. Notification of Positive Test Results. In the event of a confirmed positive blood or urine alcohol andlor drug test result, the city will notify the employee of a positive drug and/or alcohol result within three days of receipt of the result. The City Administrator will send to the employee or job applicant a "Positive Test Results Notification" letter containing further instructions. The employee or job applicant may contact the City Administrator to request a copy of the test result report if desired. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the City within three working days of the confirmatory test result. 1 The City will want to double check whether an employee who reports his/her conviction is actually subject to the federal contract reporting requirements under the Drug-Free Workplace Act of 1988, prior to reporting it to the federal agency. Adopted: ? 2013 Page 5 of 10 ➢ Ri�ht to Provide Information After Receiving Test Results. Within three working days after notice of a positive controlled substance or alcohol test result on a confirmatory test, the employee or job applicant may submit information to the City to explain the positive result. In accordance with Minn. Stat. § 181.953, subd. 10, if an employee submits information either before a test or within three working days after a positive test result that explains the positive test result, (such as medications the employee is taking), the City will not take an adverse employment action based on that information unless the employee has already been under an affirmative duty to provide the information before, upon, or after hire. ➢ Right to Confirmatorv Retest. A job applicant or employee may request a confirmatory retest of the original sample at the job applicant's or employee's own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the job applicant or employee must notify the City in writing of the job applicant's or employee's intention to obtain a confirmatory retest. Within three working days after receipt of the notice, the City will notify the original testing laboratory that the job applicant or employee has requested the laboratory to conduct the confirmatory retest or transfer the sample to another qualified laboratory licensed to conduct the confirmatory retest. The original testing laboratory will ensure the control and custody procedures are followed during transfer of the sample to the other laboratory. In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is required to maintain all samples testing positive for a period of six months. The confirmatory retest will use the same controlled substance and/or alcohol threshold detection levels as used in the original confirmatory test. In the case of job applicants, if the confirmatory retest does not confirm the original positive test result, the City's job offer will be reinstated and the City will reimburse the job applicant for the actual cost of the confirmatory retest. In the case of employees, if the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test will be taken against the employee, the employee will be reinstated with any lost wages or salary for time lost pending the outcome of the confirmatory retest result, and the City will reimburse the employee for the actual cost of the confirmatory retest. ➢ Access to Reports. In accordance with Minn. Stat. § 181.953, subd. 10, an employee will have access to information contained in his or her personnel file relating to positive test results and to the testing process, including all information gathered as part of that process. Dilute Snecimens. A negative or positive dilute test result (following a second collection) Adopted: ? 2013 Page 6 of 10 which has been confirmed will subject an employee to immediate termination. CONSEQUENCES FOR EMPLOYEES ENGAGING IN PROHIBITED CONDUCT Job Applicants. The City's conditional offer of employment will be withdrawn from any job applicant who refuses to be tested or tests positive for illegal drugs as verified by a confirmatory test. Emplovees. • No Adverse Action Without Confirmatory Test. The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee based on a positive test result from an initial screening test that has not been verified by a confirmatory test. • Suspension Pending Test Result. The City may temporarily suspend a tested employee with or without pay, or transfer that employee to another position at the same rate of pay pending the outcome of the requested confirmatory retest, provided the City believes that it is reasonably necessary to protect the health or safety of the employee, co-employees, or the public. The employee will be asked to return home, and will be provided appropriate arrangements for return transportation to his or her residence. In accordance with Minn. Stat. § 181.953, subd. 10, an employee who has been suspended without pay will be reinstated with back pay if the outcome of the requested confirmatory retest is negative. � Discipline and Discharge. ✓ Confirmatory Positive Test Resulz The City will not discharge an employee for a first confirmatory positive test unless the following conditions have been met: 1) The City has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. Participation by the employee in any recommended substance abuse treatment program will be at the employee's own expense or pursuant to the coverage under an employee benefit plan. The certified chemical use counselor or physician trained in the diagnoses and treatment of chemical dependency will determine if the employee has followed the rehabilitation program as prescribed; and (2)The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, Adopted: ? 2013 Page 7 of 10 as evidenced by withdrawal from the program before its completion or by a refusal to test or positive test result on a confirmatory test after completion of the program. ✓ Other Misconduct. Nothing in this policy limits the right of the City to discipline or dismiss an employee on grounds other than a positive confirmatory test result, including conviction of any criminal drug statute for a violation occurring in the workplace or violation of other city personnel policies. • Emergency Call Back to Work Provisions. If an employee is called out for a City emergency and he or she reports to work and is suspected of being under the influence of drugs or alcohol, he or she will not be subject to the testing procedures of this policy, but may be subject to discipline and will not be allowed to work. Appropriate arrangements for return transportation to the employee's residence will be made. It is the sole responsibility of the employee who is under the influence of alcohol and/or drugs and who is called out for a City emergency, to notify his or her supervisor of this information and advise if he or she is unable to respond to the emergency call back. NON-DISCRIMINATION The City of Scandia policy on work-related substance abuse is non-discriminatory in intent and application; however, in accordance with Minn. Stat., ch. 363, disability does not include conditions resulting from alcohol or other drug abuse which prevents an employee from performing the essential functions of the job in question or constitutes a direct threat to property of the safety of individuals. Furthermore, the City will not retaliate against any employee for asserting his or her rights under this policy. �CITY'S EMPLOYEE ASSISTANCE PROGRAM The City has in place a formal employee assistance progam (EAP) to assist employees in addressing serious personal or work-related problems at any time. The City's EAP provides confidential, cost-free, short-term counseling to employees and their families. Employees who may have an alcohol or other drug abuse problem are encouraged to seek assistance before a problem affects their employment status. Employee assistance program services are available by contacting [Company Name and Address or telephone at (XXX) XXX-X��XX.]] Should be deleted if City does not offer EAP POLICY CONTACT FOR ADDITIONAL INFORMATION If you have any questions about this policy or the City's drug and alcohol testing procedures, you Adopted: ? 2013 Page 8 of 10 may contact your immediate supervisor or the City Administrator to obtain additional information. By this policy, the City of Scandia has established a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace and its policy of maintaining a drug-free workplace. Each City employee will receive a copy of this policy and will be required to read it. DEFINITIONS "Alcohol" means the intoxicating agent in beverage alcohol or any low molecular weight alcohols such as ethyl, methyl, or isopropyl alcohol. The term includes but is not limited to beer, wine, spirits, and medications such as cough syrup that contain alcohol. "Alcohol use or usage" means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. "Applicant"means a person applying for a job with the City. "City"means the City of Scandia. "City premises" means,but is not limited to, all City job sites and work areas. For the purposes of this policy, city premises also includes any other locations or modes of transportation to and from those locations while in the course and scope of employment of the City. "City vehicle" means any vehicle which employees are authorized to use solely for City business when used at any time; or any vehicle owned or leased by the City when used for City business. ��Collection site" means a place designated by the City where job applicants and employees present themselves for the purpose of providing a specimen of their breath, urine, and/or blood to be analyzed for the presence of controlled substances and alcohol. ��Confirmatory test" means a controlled substance or alcohol test on a sample to substantiate the results of a prior controlled substance or alcohol test on the same sample, and that uses a method of analysis allowed under one of the programs listed in Minn. Stat. § 181.953, subd. 1. "Drug"has the same meaning as "controlled substance"defined in Minn. Stat. § 152.41, subd. 4. "Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test" mean analysis of a body component sample according to the standards established under one of the Adopted: ? 2013 Page 9 of 10 programs listed in Minn. Stat. § 181.953, subd.l, for the purpose of ineasuring their presence or absence of drugs, alcohol, or their metabolites in the sample tested. "Drug paraphernalia"has the meaning set forth in Minn. Stat. § 152.01, subd. 18. ��Employee" means a person who performs services for compensation for the City and includes independent contractors except where specifically noted in this policy. ��Initial screening test" means a drug or alcohol test that uses a method of analysis under one of the programs listed in Minn. Stat. § 181.953, subd. 1. "Job applicant"means a person who applies to become an employee of the City, and includes a person who has received a job offer made contingent on the person passing drug testing. "Positive test result" means a finding of the presence [Note: the City should partner with the testing laboratory before establishir�g cutoff levelsJ of alcohol, illegal drugs, or their metabolites that exceeds the cutoff levels established by the City. Minimum threshold detection levels are subject to change as determined in the City's sole discretion. "Random selection basis" means a mechanism for selection of employees that (1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and (2) does not give an employer discretion to waive the selection of any employee selected under the mechanism. ��Reasonable suspicion" means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. "Safety-sensitive position" means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. "Under the influence" means (1) the employee tests positive for alcohol or drugs, or (2) the employee's actions, appearance, speech, and/or bodily odors reasonably cause the City to conclude that the employee is impaired because of illegal drug use or alcohol use. Adopted: ? 2013 Page 10 of 10