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HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - ATTACHMENT CATTACHMENT C U 1 Controlled Substances and Alcohol Policy General Policy A. To promote a safe and efficient work environment, the City prohibits using, consuming, possessing, having in the body, or distributing alcohol and controlled substances (except prescribed medications) by City employees while working for the City at any location, or while operating City vehicles at any time. This policy applies to all City employees. [rev. 2/1/00] R Employees in certain safety sensitive positions are subject to this policy and the "Controlled Substances and Alcohol Policy (In Compliance with FHWA Regulations)" (referred to as the "FHWA Policy") set forth in these City of Fort Collins Personnel Policies and Procedures. Employees of the City of Fort Collins Transfort/Dial-A-Ride Division and the Fleet Services Division (referred to as "transit employees") are subject to this policy and the "City of Fort Collins Transit System Substance Abuse Policy In Compliance with FTA Regulations)- (referred to as the "FTA Policy") set forth in these City of Fort Collins Personnel Policies and Procedures. The FHWA Policy applies only to non -transit employees who are required to have commercial driver's licenses or who hold certain safety sensitive positions as defined by the FHWA regulations. The FTA Policy applies only to transit employees specified in that Policy. If there is any inconsistency or conflict between this policy and the FHWA Policy or the FTA Policy, then the terms of the FHWA Policy or FTA Policy, as applicable, will supersede this policy and be controlling with respect to employees covered by the FHWA Policy or the FTA Policy. [rev 2/1/00] U 1.1 Prescribed Medication A. The City recognizes that employees will sometimes need to take over-the-counter drugs and medications as prescribed by their physicians. It is not a violation of this policy for employees to possess and use medication. However, if the use of such medication appears to affect the employee's ability to perform her or his job safely or effectively, then the City may, in its discretion, require the employee to take appropriate action, which may include but is not limited to doing one or more of the following: 1. Obtain further information from her or his physician. For example, information about how long the medication must be taken and verification that the employee can perform her or his job without jeopardizing the health or safety of herself or himself and others while taking the medication; 2. Be examined by a physician or other health care provider designated by the City in order to determine the employee's ability to perform job functions; [rev. 2/l/00] City of Fort Collins Personnel Policies and Procedures Revised: July 8, 2002 Section 8 3. Take a leave of absence while taking the medication, and the employee may use available sick leave or injury leave (whichever applies), vacation time, floating holiday time and compensatory time off in accordance with City leave policies; 4. Accept an assignment to modified duty in accordance with the Temporary Disability policy in these City of Fort Collins Personnel Polices and Procedures. R Because the possession and use of marijuana, whether for medical use or otherwise, constitutes a federal offense and because the use of marijuana is not compatible with the performing of any job with the City, the City will not accommodate the medical use of marijuana. For purposes of this policy, the use of medical marijuana as recognized by state law is not considered a prescribed or otherwise permitted medication. [new 12/3/011 & 11.2 Pre -Employment Testing for Controlled Substances A. The City has a legitimate, work -related, concern, based on overwhelming evidence, that users of controlled substances directly contribute to increased absenteeism, diminished productivity, greater health care costs, increased safety problems, greater potential liability to third parties, and more frequent employee turnover. Because there is no practical way for the City to observe a job applicant's work performance over a significant period of time before making a hiring decision, the City believes that it is necessary to require pre -employment substance abuse testing of job applicants once a conditional job offer is made. B. This pre -employment testing policy shall apply to all applicants for each of the following employment categories who have been made a conditional offer of employment: 1. Classified positions; 2. Unclassified management positions; 3. Hourly with benefits positions; [rev. 5/9/01 ] 4. Contractual positions; and 5. Hourly with no benefits positions that are designated as safety sensitive for purposes of pre -employment testing by the Human Resources Department. C. Hourly with no benefits positions which are not designated as safety sensitive for purposes of pre -employment testing by the Human Resources Department shall not be subject to this pre -employment testing policy. D. In determining which positions should be designated as safety sensitive for the purposes of this subsection concerning pre -employment testing for controlled City of Fort Collins Personnel Policies and Procedures Revised. July 8, 2002 Section 8 substances, the Human Resources Department may consider, but is not limited to considering, the following job duties: 1. Operation of a city vehicle ( any type); 2. Operation of outdoor motorized equipment or power tools; 3. Aquatic instruction, aiding in aquatic instruction, or serving as a lifeguard; 4. Working with electricity or chemicals; 5. Directing vehicular or pedestrian traffic; 6. Civilian police personnel; 7. Working directly with children (persons under 18 years of age). E. The designation of a position as safety sensitive for the purposes of pre -employment testing does not mean or imply that the position is also safety sensitive for the purposes of random testing for controlled substances. E The City requires that all applicants conditionally offered a covered position with the City undergo a test as directed by the City for those controlled substances specified in the Procedures For Transportation Workplace Drug Testing Programs (49 CFR Part 40) and provide the test sample to an approved collection location within 48 hours of receiving the conditional offer of employment. Job applicants shall be notified of this requirement at the time of application or as soon thereafter as practicable. Applicants must sign a City approved consent form. Refusal to consent to the test, failure to provide the test sample as required above, or having a confirmed positive test shall disqualify the applicant from employment for a period of six months from the date of refusal, failure to provide, or testing, whichever is applicable. If the applicant has commenced employment pending the receipt of the test results, the receipt of a confirmed positive test shall be grounds for termination of employment. G. Pre -employment tests for controlled substances shall not be used to determine eligibility for promotions or transfers within the City unless required by law. There are two exceptions to the preceding sentence: 1. Because of the limited ability of the City to observe an hourly with no benefits employee's work performance over a significant period of time before making an employment classification change decision, a pre -employment test for controlled substances shall be required before such a non -safety sensitive employee's classification is changed to another employment category where a pre -employment test is required. 2. Because of the safety -sensitive, law enforcement nature of the work and because of the necessity that employees in the Protective Services occupational groups be entrusted with confidential and sensitive information, a pre -employment test for controlled substances shall be required before: City of Fort Collins Personnel Policies and Procedures Revised: July 8, 2002 Section 8 a An employee in a job classification outside of the Protective Services occupational groups, who has not previously undergone a City administered pre -employment test, is allowed to transfer to a Protective Services job classification, or b. An employee who is classified in a Protective Services occupational group, who has not previously undergone a City administered pre -employment test, is allowed to change to a different Protective Services job classification. [rev. 3/30/00] & 11.3 Reasonable Suspicion Testing for Alcohol and Controlled Substances The City may require an employee to undergo tests for alcohol and/or controlled substances when a supervisor reasonably suspects that the employee has alcohol and/ or a controlled substance in her or his system during working time. [rev. 1/13/991 &11.4 Supervisor's Responsibility when Alcohol or Substance Abuse is Suspected When a supervisor reasonably suspects that an employee may have alcohol and/or a controlled substance in her or his system during working time, the supervisor should immediately and as confidentially as possible remove the employee from any potentially dangerous situation (such as prohibit the employee from driving or operating machinery). The supervisor should then immediately consult with the next level of supervision in order to reach a conclusion as to whether or not sufficient identifiable facts exist which would lead a reasonable person to suspect that the employee had alcohol and/or a controlled substance in her or his system during working hours. If, from the facts known to the supervisors at the time, the conclusion is reached that the employee had alcohol and/or a controlled substance in her or his system during working hours, the supervisor shall make arrangements for the immediate testing of the employee pursuant to procedures set forth below. If reasonably possible, the supervisor shall consult with the Human Resources Department prior to requiring an employee to submit to an alcohol or controlled substance test and, in any event, shall notify the Human Resources Department as soon as reasonably possible after a test is imposed. [rev. 1/13/991 L11.5 Random Testing for Controlled Substances A. Certain employees may be designated as safety sensitive by the Human Resources Department even though they are not subject to the FHWA Policy or the FTA Policy. Such safety sensitive employees shall be required to submit to controlled substance testing on a random basis. All employees subject to random testing shall be notified of this status by the City. Random testing will be conducted reasonably throughout City of Fort Collins Personnel Policies and Procedures Revised. July 8, 2002 Section 8 the year and will be unannounced to ensure that no employee receives advanced knowledge of the time of testing. All employees covered by this paragraph will have an equal chance of being selected each time a random selection is made and selection shall be conducted through the use of a random number generator or other neutral selection process. [rev. 1/13/99] R The designation of a position as safety sensitive for the purposes of random testing does not mean or imply that the position is also safety sensitive for the purposes of pre -employment testing for controlled substances. [rev. 2/1/001 8.11.6 Testing Procedures A. The testing procedures for pre -employment, reasonable suspicion and random testing will be as set forth in the Procedures For Transportation Workplace Drug Testing Programs (49 CFR Part 40), using the split sample method. However, in those testing situations where the FHWA Policy and the FTA Policy are not applicable, procedures which entail the use of an initial screening at the collection site may be utilized prior to splitting the sample, sealing, and shipping the samples for laboratory analysis. In the event that an initial screening at the collection site provides results below the initial test cutoff levels as provided in 49 CFR Sec. 40.87, the sample will be destroyed and the result will be reported as negative. In the event that an initial test is at or above any of the initial test cutoff levels as provided in 49 CFR Sec. 40.87, the sample will be split, sealed and shipped to a designated testing laboratory for confirmatory testing pursuant to the provisions of the Procedures For Transportation Workplace Drug Testing Programs (49 CFR Part 40). [rev. 12/3/01 ] R Retesting [new 12/3/01 ] 1. Pursuant to the requirements of 49 CFR Sec. 40.23, if the City receives a canceled test result for an applicant or employee for whom a negative result is required, the applicant or employee must immediately provide another specimen at the collection site. 2. Pursuant to the provisions of 49 CFR Sec. 40.197, if an applicant or employee receives a negative dilute drug test result, the applicant or employee shall be directed to take another test immediately with the minimum possible advance notice that he or she must return to the collection site. If the second test result is also negative dilute, the test result will be considered verified negative and the applicant or employee will not be required to take a third test because the second test result was negative dilute. C. Designated Employer Representative [new 12/3/01 ] The Director of Human Resources is designated as the City's Designated Employer Representative. The Director is authorized to receive that information and to take those actions as specified in 49 CFR Part 40. City of Fort Collins Personnel Policies and Procedures Revised., July 8, 2002 Section 8 D. After receiving notification of a verged positive test, an employee or applicant may request that the split sample be analyzed. Such a request must be made within 72 hours of the time the employee or applicant is notified of a verified positive test. If such a split sample test request is made, the split sample will be tested at another certified laboratory. If the split sample test results are negative, the employee or applicant will not be responsible for the cost of the test. If the split sample test results are positive, the employee or applicant will be required to pay for the cost of the test and such cost may be deducted for any pay owed to the employee. [new 12/3/01] & 11.7 Consequences for Refusal to Submit to Test and Test Results Any employee who refuses to take an alcohol or controlled substances test required by the City may be subject to disciplinary action. In addition, any employee who tests positive for alcohol or for a controlled substance ( except for the employee's prescribed medication) in any amount may be subject to disciplinary action, up to and including termination of employment. Because of the accuracy limits inherent in current alcohol testing techniques, a positive test for an alcohol concentration of less than .02 will not, by itself, constitute grounds for discipline. The City will consider it a refusal to take the test if an employee does not provide sufficient quantities of specimen (breath, urine or blood, as required) to be tested without a valid medical explanation; tampers with or attempts to adulterate the specimen or collection procedure; refuses to empty pockets at the collection site prior to providing a urine specimen; or does not report to the collection site immediately. [rev. 12/3/01 ] & 11.8 Drug -free Workplace Ad Compliance A. Pursuant to Public Law 100-690, Title V, Subtitle D, the Drug -Free Workplace Act of 1988 (the'Act" ), the City of Fort Collins must certify that it will provide a drug - free workplace in order to qualify for federal financial assistance. A drug -free workplace is necessary for the maximum efficiency and safety of City employees and the public. Substance abuse may adversely affect the quality of work product or service, pose safety and health risks to the user and others, and result in danger to or loss of equipment and property. H It is the City's policy to prohibit the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance during work time in the workplace where employees may be assigned. An employee found in violation of this policy will be subject to disciplinary action, up to and including termination for a first offense. Compliance with this policy is a condition of employment for all employees of the City. Such condition of employment does not create a contract for employment, but rather is a prerequisite to hiring or continued employment of any employee. City of Fort Collins Personnel Policies and Procedures Revised: July 8, 2002 Section 8 V 1.9 C. Any employee who is convicted under a criminal drug statute for a violation occurring in the workplace, or who plead guilty or nolo contendere to such charges, must notify the Human Resources Department or the City Manager's Office within five (5) days of such conviction. Failure to report such conviction or plea will result in disciplinary action up to and including termination from employment for a first offense. Employees convicted, or who plead guilty or nolo contendere to such drug -related violations, are subject to discipline, including possible termination and/or mandatory attendance and successful completion of a drug abuse assistance or similar program as a condition of continued employment, at the City s discretion. The process to impose such discipline shall commence within thirty (30) days of conviction or plea. If the employee's job involves a contract with a federal agency, procurement of goods or services for such agency, or federal grant funds, such conviction will be reported by the City to the federal agency within ten (10) days of the City receiving notice of such conviction, as discussed above, or otherwise receiving actual notice of such conviction. D. The City has established a drug -free awareness program to inform employees of: 1. The dangers of substance abuse in the workplace; 2. The provisions of this policy; 3. The available drug and alcohol counseling, rehabilitation or employee assistance; and 4. The penalties for violation of this policy. E. The City of Fort Collins Human Resources Department can provide further information to all employees, including educational materials on the dangers of drug and alcohol abuse in the workplace. As a component of this program, employees may be required to attend presentations on drug and alcohol abuse in the workplace as scheduled by their supervisors. The Human Resources Department can provide referral assistance and further information. Partial medical insurance may be available for drug and alcohol treatment. Further information on the rehabilitation and counseling resources are available in the Human Resources Department. F. The City of Fort Collins is committed to maintaining a safe workplace free from the influence of illegal drugs and controlled substance abuse. In addition, the City will comply with the requirements of the Drug -Free Workplace Act of 1988, and the applicable drug -free work force rules promulgated by state and federal agencies. [rev 1/13/99] Effects of Alcohol For a discussion on the effects of alcohol, please refer to the Substance Abuse Policy (In Compliance with FTA Regulations). [rev. 1/13/991 City of Fort Collins Personnel Policies and Procedures Revised: July 8, 2002 Section 8 FORM SAMPLE VII Contractor's Collision / Injury Incidents Month and Year: Report prepared by: