Sect3VDrugFreeWorkPlace.docx

CITY OF NAPLES PERSONNEL POLICIES & PROCEDURES MANUAL Section No.: 3-V SUBJECT: EMPLOYMENT ISSUES: DRUG-FREE WORKPLACE Revision Date: 09/01/2009 1/20/1999 Effective Date: 6/01/1995 POLICY: The City of Naples shall comply with federal and state laws as well as established City and department policies regarding employment practices and procedures. Also, the City of Naples shall not discriminate against any person in recruitment, examination, hiring, training, promotion, discipline or any other benefit or condition of employment because of race, color, national origin, age, sex, marital status, or disability. DRUG-FREE WORKPLACE/EMPLOYEE DRUG & ALCOHOL TESTING The City of Naples shall conduct drug and alcohol testing for job applicants, volunteers and employees in compliance with the Omnibus Transportation Employee Testing Act of 1991, Florida's Drug-Free Workplace Program (F.S. 440.102 et seq.), and the Florida Workers' Compensation Act in order to maintain a safe, healthy, and productive work environment for all its employees. The City prohibits the unlawful manufacture, sale, attempted sale, distribution, possession, use, or being under the influence of controlled substances (drugs) or alcohol in the workplace unless such drug or alcohol possession or alcohol use is a necessary and management approved job requirement (i.e. police officers assigned to an undercover narcotics operations). Disciplinary action, up to and including termination of employment, shall be imposed for policy violations. Additionally, employees who violate this policy may be subject to forfeiture of workers’ compensation medical and indemnity benefits. The City reserves the right to unlimited access, without employee consent, to all areas and property over which the City maintains complete control or joint control with the employee. Additionally, the City or any employee may notify the appropriate law enforcement agency that an employee may be in possession of alcohol or illegal drugs on City property or at a City worksite, or in an area not jointly or fully controlled by the City. OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF 1991 (This section is applicable to Safety Sensitive Employees ONLY) GENERAL: All City of Naples employees who are required to possess and maintain a valid State of Florida Commercial Driver License (CDL) AND to perform safety sensitive functions are prohibited from being under the influence of controlled substances (drugs) or alcohol in accordance with this law and City policies. Participation in the controlled substances and alcohol testing program is a safety sensitive condition of employee’s continued employment. DEFINITION: A safety sensitive employee is defined as a person who drives a commercial motor vehicle or equipment which requires a Commercial Driver License (CDL). The City shall identify safety sensitive employees by utilizing the official City of Naples Position Description or by other appropriate means as deemed necessary by the appropriate department director, Human Resources Director or other designee. PROHIBITIONS: Violation of any of the prohibitions listed below or refusal to submit to drug and alcohol testing shall result in disciplinary action up to and including termination of employment. No employee shall possess or transport (carry) alcohol or drugs in a City vehicle, equipment, proper or authorized work location. No employee shall report for duty or remain on duty while under the influence of alcohol or drugs. No employee shall perform a safety-sensitive function while using (consuming) or within four (4) hours of using alcohol. No employee required to submit to a post-accident alcohol or controlled substance test shall use (consume) alcohol for eight (8) hours following the accident, or until the employee undergoes the required post-accident test, whichever occurs first. No employee shall report for duty or remain on duty while using any medically prescribed or purchased "over-the-counter" medications which would interfere with the safe and efficient operation of vehicles, equipment or the safety of self or others unless cleared by the prescribing physician. Employees who are using such medications are required to notify their supervisor and receive clearance prior to beginning work. COLLECTION METHOD: Alcohol testing shall be conducted by mouth swab and confirmed by blood test. Urine specimen collection will be used for drug-screens. Direct observation collections are required when: The specimen temperature is outside the acceptable range; The specimen shows signs of tampering – unusual color/odor/characteristic; or The employee has an item in his or her pocket or wallet that appears to be brought into the site to contaminate a specimen; or the collector notes conduct suggesting tampering. The Medical Review Officer (MRO) orders direct observation collection because: The employee has no legitimate medical reason for certain atypical laboratory results; or The employee’s positive or refusal (adulterated/substituted) test result had to be cancelled because the split specimen test could not be performed. The specimen was negative-dilute requiring the collection of a second specimen. The employer orders direct observation collection for follow-up and return to duty test. Observed urine collection shall require employees to raise their shirts, blouses, or dresses/skirts above the waste and lower their pants and underpants to show the observer, by turning around, that they do not have a prosthetic device on their person. After this is done, the employee may return their clothing to its proper position and produce a specimen in such a manner that the observer can see the urine exiting directly from the individual into the collection container. The observer must be the same gender as the employee. An employee that has a device or fails to permit any part of the direct observation shall be recorded as a refusal to test. DISCIPLINE (Safety Sensitive): Alcohol: Employees whose blood alcohol concentration is less than 0.02 shall not be considered to have tested positive for alcohol, and shall not be subject to discipline as a result of the test. Employees whose blood alcohol concentration is 0.02 or greater but less than 0.04 shall be subject to discipline and shall not perform or continue to perform safety-sensitive functions until 24 hours following the administration of the test. Employees with a blood alcohol concentration of 0.04 or greater are subject to immediate termination. All employees with a blood alcohol concentration of 0.04 or greater, or who refuse to submit to an alcohol test, must participate in the Employee Assistance Program (EAP). Drugs: Employees whose test confirmed positive for drugs shall be terminated from employment. REFUSAL TO TEST: Any employee who refuses to voluntarily submit to required testing or refuse to sign a testing consent form are subject to termination from employment. Any of the following behavior shall be considered refusal to take the test: Inability to produce sufficient quantities of breath, saliva, or urine to be tested without a valid medical explanation; Tampering with or attempting to adulterate the specimen; Interfering with the collection procedure; Not immediately reporting to the collection site; failing to remain at the collection site until the collection process is complete; having a test result reported by a MRO as adulterated or substituted; or leaving the scene of the accident without a valid reason before the tests have been conducted. An employee must report to the testing site immediately upon notification. Immediately is defined as within thirty (30) minutes, unless otherwise authorized by Human Resources. PAYMENT OF TESTING: The City shall pay the expense of the initial drug test. In the event of a confirmed positive, an employee may have the split specimen tested at his or her own expense. A list of drugs being tested for is included as Attachment “A”. TYPES OF AND PROCEDURES FOR TESTING (Information from this section forward applies to ALL employees) All applicants and volunteers recommended for hire and all employees shall be tested in accordance with the following: POST-OFFER: All volunteers and applicants who are made a conditional offer of employment or who are recommended for transfer into a safety sensitive position must successfully complete a drug test. Human Resources shall coordinate the testing and shall advise applicants, volunteers and employees of the City's Drug and Alcohol Testing policies and consequences of refusal to submit to testing or a confirmed positive test. RANDOM TESTING (Applies only to safety sensitive employees): Random test dates and times will not be announced and shall be spread reasonably throughout the year. All safety sensitive employees shall be tested at least one time for drugs and one time for alcohol during a twelve (12) month period. The random testing process shall be a method recommended by the Human Resources Director and approved by the City Manager. Each safety sensitive employee shall have an equal chance of being selected for both drug and alcohol testing each and every time selections are made. Random testing shall be coordinated by the Human Resources Department who shall contact the selected employee's supervisor. Employees selected for random testing may transport themselves directly to and from the testing site and are responsible for immediately reporting back to work at the conclusion of the testing. REASONABLE SUSPICION (This applies to all employees and volunteers): Supervisors are responsible for monitoring employees for alcohol and drug use and other policy violations and for contacting their department director or the Human Resources Director (or designee) when there is reasonable suspicion that an employee is under the influence of alcohol or drugs. Reasonable suspicion may include but is not limited to: observable behavior such as drowsiness or sleepiness, slurred or incoherent speech, unusually aggressive behavior, mood swings, lack of coordination, frequent unexplained absences from work, multiple workplace accidents or outside information indicating that the individual may be under the influence or involved with use and/or distribution of alcohol or drugs. Supervisors who have reasonable suspicion must prevent the employee from further engaging in work and from leaving the work area, and must notify the employee of the need for testing. A supervisor must note reasonable suspicion observations right away and a final report must be forwarded to the department director and Human Resources Director (or designee) within 24 hours from the incident. The documentation must be signed and may include statements and signatures of any other credible witness(es). The supervisor should then contact the Human Resources Director, or designee, for authorization to transport the employee to the designated testing facility and ensure the employee completes the City consent form prior to testing. Alcohol testing shall be conducted by mouth swab and confirmed by blood test in the event of alleged alcohol use in addition to the urine drug screen. In the event of reasonable suspicion for alleged drug or alcohol use, supervisors must coordinate or arrange for transportation directly to the employee's residence. However, employees may transport themselves in the event of routine post-accident testing when there is no additional concern of alleged drug or alcohol influence involved in the incident. The employee is placed on paid administrative leave pending receipt of the test results. The Human Resources Department shall contact the supervisor when the results are received and the employee is cleared to return to work. The supervisor must then notify the employee who is expected to return to work within a reasonable period or arrange to use accrued vacation or personal leave for the remainder of that working day. POST-ACCIDENT: Testing for workplace injuries or illnesses shall be considered as cause for reasonable suspicion testing. Supervisors are required to ensure drug and alcohol testing of employees when: There is preventable damage involving City personnel that results in property damage to City property, or by City vehicles or equipment which, when combined and totaled, is in excess of $1,000. When there is a preventable accident resulting in injury to the employee for which outside medical treatment is required. (This shall apply even if treatment is not provided at the time of the accident, but is requested at a future time as a result of or relation to the previous injury or illness.) When an employee is involved in an accident which results in a citation for a moving violation (regardless of cost). In the event of a fatality. When a determination of preventable or non-preventable cannot or is not made within a reasonable period following the accident or incident. When there is reasonable suspicion that use of alcohol or drugs may have affected the employee’s involvement in the accident. Such reasonable suspicion includes, but is not limited to: observable behavior, information or feedback, or a pattern of accidents. ACCIDENT PROCEDURES: In the event of an accident resulting in injuries, supervisors should follow the procedures outlined in "Safety" section (#25) of this manual as well as the following: Life Threatening Condition or Serious Illness or Injury: If the employee has a life threatening condition or suffers a serious illness or injury, the supervisor or on-site personnel should call 9-1-1 for assistance. (Calls placed from City telephones require that you dial "9" to first obtain an outside line prior to dialing "911.") Minor Injuries: If the employee is in need of medical treatment for minor injuries, the supervisor should immediately contact the Human Resources Department. The supervisor is responsible for investigation of the incident, including interviewing any witness(es), to determine if it was preventable or non-preventable. Follow-Up Care: Employees who request professional medical attention shall be authorized to seek medical treatment under the City’s workers’ compensation program and shall be directed to an authorized medical facility by the Human Resources Department and/or the workers’ compensation adjuster assigned by the City. After Normal Business Hours: If a property damage incident, workplace injury or illness occurs after regular City business hours or on a weekend, supervisors should follow steps "a" or "b" above, as appropriate. If drug and/or alcohol testing is required, the supervisor must contact Advanced Medical Center for all after hours** post accident and reasonable suspicion testing. Advanced Medical Center staff is available after their normal business hours and will respond to an on-site location to perform the required testing. Supervisors should also prepare the required injury report AND contact the Human Resources Department when regular work hours resume. ** Advanced Medical Center, 1250 Pine Ridge Road, (239) 566-7676. --Normal Operating Hours: Monday-Friday 8:00 AM to 8:00 PM; Saturday- Sunday 9:00 AM to 5:00 PM. --After hours drug and/or alcohol testing: Call (239) 449-5439 Serious incidents or accidents that occur after hours must be reported to the Risk Manager or Human Resources Director. COLLECTION METHODS: Alcohol testing shall be conducted by mouth swab and confirmed by blood test. Urine drug-screens shall be conducted, including split specimen collection. Direct observation collections may be required for reasonable suspicion. The observer must be the same gender as the employee. An employee that has a device or fails to permit any part of the direct observation shall be recorded as a refusal to test. PAYMENT OF TESTING: The City shall pay the expense of the initial drug test. In the event of a confirmed positive, an employee may have the split specimen tested at his or her own expense. A list of drugs being tested for is included as Attachment “A”. RESPONSIBILITIES In addition to the responsibility for following the procedures outlined in this policy, the following responsibilities shall also apply: SUPERVISORS shall be responsible for: Maintaining current knowledge of this policy and all updates as provided by Human Resources. Fairly and consistently administering this policy to all employees under their supervision. Attending required annual training or policy update briefings. Assisting Human Resources during the random testing process. This shall include employee notification, or other actions as required by this policy or requested by the department director or Human Resources. Coordinating transportation for employees suspected of being under the influence of drugs and/or alcohol. Using good judgment and maintaining confidentiality in regard to all drug test results. DEPARTMENT DIRECTORS shall be responsible for: Maintaining current knowledge of this policy and all updates as provided by Human Resources. Fairly and consistently administering this policy to all employees under their supervision. Attending required annual training and ensuring supervisors under their direction also attend training. Ensuring that supervisors properly report and document employees who violate this policy. Providing signed statements and other information as required or requested by the City for compliance with this policy. Using good judgment and maintaining confidentiality in regard to all drug test results. HUMAN RESOURCES shall be responsible for: Developing, implementing, updating, and communicating this policy to directors, supervisors and employees. Coordinating annual training for directors and supervisors regarding the signs and symptoms of alcohol and drug abuse as required by law as well as providing policy updates and briefings. Coordinating the drug testing process, providing confirmed positive test results to appropriate department director or designee, and providing policy information and guidance as needed. Providing the necessary forms and guidance to directors and supervisors regarding policy interpretation, application, and disciplinary procedures. Maintaining confidential recordkeeping and confidentiality in regards to all drug test results in accordance with applicable federal and state laws and City policies. DISCIPLINE REFUSAL TO TEST: Any employee who refuses to voluntarily submit to required testing or refuse to sign a testing consent form are subject to termination from employment. Any of the following behavior shall be considered refusal to take the test: Inability to produce sufficient quantities of breath, saliva, or urine to be tested without a valid medical explanation; Tampering with or attempting to adulterate the specimen; Interfering with the collection procedure; Not immediately reporting to the collection site; failing to remain at the collection site until the collection process is complete; having a test result reported by a MRO as adulterated or substituted; or leaving the scene of the accident without a valid reason before the tests have been conducted. An employee must report to the testing site immediately upon notification. Immediately is defined as within thirty (30) minutes, unless otherwise authorized by Human Resources. TEST RESULTS: Drugs: Employees whose test confirmed positive for drugs shall be terminated from employment. Alcohol: Employees whose test confirmed positive for alcohol shall be terminated from employment. CONFIRMED POSITIVE TEST RESULTS: A job applicant or employee shall receive written notification of positive confirmed test results from the City within five (5) working days of the City’s receipt of a report of a positive confirmed test result from the Medical Review Officer. EMPLOYEE ASSISTANCE PROGRAM An Employee Assistance Program (EAP) is available and recommended for employees who voluntarily seek help for drug, alcohol, or other substance abuse problems. Employees may be subject to mandatory referral and to adhere unconditionally to recommended treatment as a result of disciplinary action and as a condition of continued employment. Supervisors should contact Human Resources for assistance or additional information. Employees participating in the EAP are not exempt from provisions of this policy. MEDICATIONS NOTIFICATION OF USE: Employees must notify their supervisor, before beginning work, when they are taking any medication-prescribed or purchased over-the-counter-which has the potential to interfere with the safe and effective performance of duties, the operation of vehicles or equipment, or personal safety. If such medications are being used, the employee shall be required to receive clearance from the prescribing physician or other certified medical provider at their own expense and during off-duty hours. Failure to receive report such use or to request and receive proper clearance shall result in disciplinary action up to and including termination of employment. Any documentation submitted to a supervisor pertaining to medications must be forwarded to the Human Resources Department for inclusion in the employee’s confidential personnel file. SUPERVISORY RESPONSIBILITIES: Directors and supervisors who are notified of an employee's use of legally prescribed and over-the-counter medications having the effects outlined above are responsible for ensuring that the employee does not perform a safety sensitive function until the employee ceases taking the medication or receives clearance from the prescribing physician. Supervisors who fail to remove the employee from performing a safety sensitive function or a potentially hazardous safety situation may receive disciplinary action up to and including termination of employment. Questions regarding the employee's ability to safely operate vehicle or equipment while using prescribed medications must be directed to the department director and Human Resources immediately. ARRESTS OR CONVICTIONS Employees and volunteers are responsible for notifying their department director or Human Resources regarding any criminal drug or alcohol infractions, arrests or convictions, and loss of driving privileges (if applicable to position) within 24 hours of occurrence or as reasonably possible. Employees may receive disciplinary action up to and including termination of employment for failure to provide adequate notification. HARASSMENT/RETALIATION/DISCRIMINATION The City will not tolerate harassment, retaliation or discrimination against any employee who, in good faith and based upon reasonable suspicion, reports or investigates an alleged violation of this policy (See also Section 3-IV of this manual regarding harassment/discrimination policies.) The City shall take appropriate disciplinary action up to and including termination of employment against employees for any harassment, retaliation or discrimination actions or activities related to the reporting of violation of this policy. Additionally, any employee who has knowledge or reasonably suspects an employee's illegal drug or alcohol use has the obligation to report such activity immediately to his or her supervisor, department director or the Human Resources Director. Employees who fail to report such activity or who are not forthright during an investigation regarding an employee's alleged drug or alcohol use are subject to disciplinary action up to and including termination of employment. CONFIDENTIAL REPORTING OF MEDICATION USE: Employees must realize that certain medications may alter or affect a drug test. An employee could possibly test positive for a drug when taking medications prescribed by a doctor or bought over the counter at a pharmacy. The name of the testing site is Advanced Medical Center, 1250 Pine Ridge Road, Naples, Florida 34108, (239) 261-2831. Employees who want more technical information about medications may consult the testing site. To avoid the potential problems created by a false test result, procedures have been implemented to permit employees to confidentially report the use of medications. Employees may report the use of medications on the back of the copy of the chain of custody form after your specimen is collected. Medications known to alter or affect a drug test are listed below: AMPHETAMINES: Abetrol, Biphetamine, Desoxyn, Dexedrine, Didrex CANNABINOIDS: Marinol (Dronabinal, THC). Marijuana, Hash Pot COCAINE: Cocaine HCI topical solution (Roxanne), Crack, Coke PHENCYCLIDINE: Not legal by prescription; PCP, Angel Dust OPIATES: Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with codeine, Robitussin AC, Guiatus AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, Opium, Heroin METHAQUALONE: Not legal by prescription BARBITURATES: Phenobarbital, Tuinal, Amytal, Menbutal, Seconal, Lotusate, Fiorinal, Firoicet, Esgic, Butisol Mebaral, Butabartital, Butabital METHODONE: Dolphine, Methadose BENZODIAZEPINES: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranzene, Valium, Verstran, Halcion, Paxipam, Restoril, and Centrax PROPOXYPHENE: Darvocet, Darvon N. Dolene, Etc. ALCOHOL: Liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick’s Nyquil is 25% (50 proof) ethyl alcohol; Comtrex is 20% (40 proof); Contac Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof); Booze, Drink. RECORDS: Employee drug and alcohol testing records are confidential. Test results and other confidential information may be released only to the City of Naples and the EAP professional. Any other release of this information is only with the employee’s consent. If an employee initiates a grievance, hearing, lawsuit, unemployment compensation claim or other action as a result of this Policy, then the City of Naples may release relevant information to the decision maker. QUESTIONS: Any questions regarding this policy may be directed to the City of Naples, Human Resources Department (239) 213-1810. Questions regarding the effects of drug or alcohol abuse on a person’s health, work and personal life may be obtained through the EAP program, and information upon that program is available in the Human Resources Department. ATTACHMENT A LIST OF DRUGS TESTED Five Panel Drug-Screen: Substances included in test profile: Amphetamines, Cannabinoids, Cocaine, Metabolites, Opiates, PCP. Eight Panel Drug-Screen (Law Enforcement Officers Only): Substances included in test profile: Amphetamines, Barbiturates, Benzodiazepines, Cannabinoids, Cocaine Metabolite, Methaqualone, Opiates, PCP.

Sect3VDrugFreeWorkPlace.docx

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