CITY OF ALEXANDRIA SUBSTANCE ABUSE POLICY AND PROCEDURES

Transcription

1 CITY OF ALEXANDRIA SUBSTANCE ABUSE POLICY AND PROCEDURES By Ordinance No adopted by the Alexandria City Council, amending Ordinance No , amending Ordinance No , amending Ordinance No and Future amendments thereto. This Revision Effective February 1, 2011

2 TABLE OF CONTENTS Page Introduction... 4 Policy Objectives... 5 Scope... 6 Responsibilities... 7 Hours of Compliance... 8 Prohibited Behavior... 9 I. Drugs... 9 II. Unauthorized Alcoholic Beverages III. Reporting Requirements Consequences of Prohibited Behavior I. Applicants II. Employees Tests I. Testing II. Testing Methods and Levels A. Drugs B. Alcohol C. Positive Test Results Testing Situations I. Pre-employment or Promotion Testing

3 II. Reasonable Suspicion Testing III. Post Accident / Incident Testing IV. Random Testing V. Return-To-Duty Testing VI. Follow-up Testing VII. Blind Performance Drug Testing Testing Procedures I. Reasonable Suspicion II. Post Accident / Incident Testing III. Random Testing IV. Return-to-Duty Testing V. Leave 23 Collection Methods I. Urine Sample Collections II. Saliva Samples III. Initial Tests IV. Testing Results Medical Review Officer Responsibilities Confidentiality and Access to Records Rehabilitation I. Group Health Insurance Coverage II. Treatment Options

4 III. Support Organizations Contact Person Employee s Rights Employer s Rights Available Leaves Training Administration of Policy Record Keeping Index

5 INTRODUCTION In an effort to promote and maintain a safe, healthful, and productive environment for all its employees and the public they serve, the City of Alexandria (hereinafter referred to as the City ) adopts a policy against any substance abuse. For the purposes of this policy, the term City, its affiliates or subsidiaries includes all property, offices, facilities, land, platforms, buildings, structures, fixtures, installations, boats, aircrafts, automobiles, trucks, and all other vehicles and equipment, whether owned, leased or used. This policy also includes all areas under City control, any other work location or mode of transportation to and from those locations while in the course and scope of the employee s duties. It is City policy that its employees are free of the effects of any substance that makes them a safety concern to co-workers or any others and renders them unfit to perform their assigned tasks in a competent and safe manner. It is also the City s policy that full-time and part-time, permanent employees affected by substance abuse be afforded the opportunity to seek appropriate and responsive treatment for identified substance abuse disorders. On the other hand, however, there is legitimate concern about the invasion of employees' privacy and employer intrusion into employees' off-duty lives. The purpose of this new revised policy is to clearly explain prohibited conduct, testing procedures, provisions for respecting employee privacy, and other features of the program. The City hopes all employees will view it as a balanced, good faith approach which will benefit everyone employed by the City. City requirements in this policy that are not mandated by the federal regulations are identified by City Policy or a statement to that effect. 4

6 POLICY OBJECTIVES The objective of the City is to create procedures that allow for substance abuse screening under identifiable circumstances with adequate assurance of technical reliability and confidentiality of results. Because the most important asset of the City is its employees, we are committed to the effort of providing a safe and drug/alcohol-free working environment. The City is further committed to protecting each employee s right of privacy. It is a joint commitment of both the City and its employees to strive for a drug/alcohol-free work environment. The City s goal continues to be that employees will take responsibility for their own behavior and voluntarily seek help through the City s Employee Assistance Program or other professional programs to resolve problems. The purpose of the Substance Abuse Policy is to enhance the safety, health, and wellbeing of the City employees and the people they serve. This policy is designated to provide procedural guidance in regard to: A. verifying employee drug/alcohol use/abuse/misuse; B. compliance with Department of Transportation (DOT) regulations; C. the protection of other employees and the public from employees who are unsafe in their working environment; D. confrontation of affected employees with proof of drug/alcohol abuse to encourage rehabilitation; E. intervention before employees reach the point of discharge; and F. the protection of employee s rights. We will provide education, training, and other preventive methods for our employees in an effort to maintain high levels of productivity and to avoid accidents caused or contributed to by the illegal use of drugs or alcohol. By establishing a policy addressing substance abuse, the City hopes to serve as an example and provide leadership in the elimination of drugs and alcohol dependency. 5

7 SCOPE The Substance Abuse Policy (hereinafter referred to as the Policy ) is applicable to all regular, part-time, casual, or contract employees of the City, including appointed, classified, non-classified, municipal fire and police personnel, and employees in safety-sensitive positions covered under the Federal Transit Administration (FTA), the Office of Pipeline and Safety, and the Department of Transportation (DOT), while on the City s premises or on City business. Compliance with this Policy will be a condition of employment and shall also apply to employment applicants. (City Policy) 6

8 RESPONSIBILITIES Jacques M. Roy, Mayor of the City of Alexandria, hereinafter referred to as the Appointing Authority or his designee, F. Jannease Seastrunk, Director of Human Resources, hereinafter referred to as the Director of Human Resources, will be responsible for the collection and dissemination of information to prevent drug and alcohol abuse, scheduling employee education and training conferences, referrals to state-approved rehabilitation or counseling centers, the maintenance and confidentiality of records related to this Policy, and the overall day-to-day coordination of the Substance Abuse Screening Program. Division directors, department heads, and other organizational managers and supervisors are responsible for implementing substance abuse screening under the conditions described herein. Employees are responsible for complying with the Policy and screening standards established herein. 7

9 HOURS OF COMPLIANCE All employees covered by this Policy must not consume alcohol: 1. while performing any of their employment activities; 2. must not consume any alcohol any later than four (4) hours prior to performing any of their employment duties; 3. must not consume alcohol while on call; and 4. must not consume alcohol following an accident or incident until a postaccident or incident alcohol test has been administered or until the passage of eight (8) hours from the time of the accident, whichever occurs first. (Note: FTA requirements apply to the performance of safety-sensitive functions. The City has imposed the more restrictive language of performing any employment activities.) Use or ingestion of prohibited drugs is prohibited at any and all times, whether on duty or off duty. 8

10 PROHIBITED BEHAVIOR The City hereby prohibits the items and conduct as listed: I. Drugs A. the manufacture, use, abuse, intoxication, possession, distribution, sale, presence in the body, or reporting to work under the influence of illegal drugs, unauthorized controlled substances, controlled substance analogue, inhalants of abuse, designer and synthetic drugs, all or more particularly defined and prohibited by 49 CFR Part 655, as amended from time to time, Part 199, and Title 40 Section 961 et Seq. of the Louisiana Revised Statutes, as amended from time to time; B. having an amount that is reported positive under this Policy while at his/her job; C. use of prescription drugs or medications prescribed by a licensed physician for the employee that affects his/her work performance. The City at all times reserves the right to have a licensed medical review officer (hereinafter referred to as a MRO ) determine if use of a prescription drug or medication by an employee produces effects which may increase the risk of injury to the employee or others while working. If such a finding is made, the City reserves the right to limit or suspend the work activity of the employee during the time the MRO advised that the employee s ability to perform his/her job safely may be adversely affected by the consumption of such medication. The suspension of work activity will be charged against the employee in accordance with existing policies regarding disability, sick leave, or leave of absence (City Policy). Prescription drugs must be administered as follows. 1. Employees who have been informed that the medication could cause adverse side effects while working or where the medication indicated such a warning must inform their supervisor prior to using such substances on the job. 2. The employee must not consume the prescribed drugs more often than prescribed by the employee s physician. 3. The employee whose name appears on the prescription label 9

11 must not allow any other person to consume the prescribed drugs and no employee shall take a prescription drug that is not prescribed in his/her name. 4. All medication must be in its original container and must be in the employee s name and have the doctor s name and prescription number on the label. II. Unauthorized Alcoholic Beverages A. Consuming alcohol within four (4) hours prior to reporting to work (City Policy); B. Consuming alcohol within eight (8) hours following an accident or incident which requires an alcohol test, unless an accident / incident test has been administered; C. Using alcohol during the performance of safety-sensitive job duties; D. Possessing a container of unauthorized alcoholic beverage in the workplace; and E. Having an amount that is reported positive under this Policy while on his/her job (alcohol greater than.00 will result in disciplinary action up to and including termination). III. Reporting Requirements The employee is required to notify the appointing authority within five (5) days of any narcotic or alcohol violation conviction, as defined in the Louisiana Revised Statutes, whether on or off duty. If an employee s driving privileges are revoked, he/she shall notify his/her department head or supervisor within five (5) days or the next working day, whichever is sooner. 10

12 CONSEQUENCES OF PROHIBITED BEHAVIOR The federal regulations do not prescribe the consequences for prohibited behavior and, except for certain minimum requirements, leave that subject for determination by the employer. The City has determined that violations of this Policy shall be subject to disciplinary action as set forth below: I. Applicants will be denied employment with the City of Alexandria if their test results are positive on a pre-employment drug test and will be ineligible to reapply for any permanent, contractual, or temporary City employment for two (2) years from the date of the substance abuse screen. Also, the applicant must provide a Certificate of Completion from a state-approved rehabilitation program prior to employment. II. Employees that have positive test results: 1. will be permitted to go through a state-approved rehabilitation program at his/her expense if they are a permanent employee. (Refer to section entitled Available Leaves.) If the employee refuses to attend rehabilitation or does not successfully complete such a program, he/she will be terminated. 2. will be terminated if: a. second violation of the Policy; b. violation of this Policy occurred in connection with a violation of other work or safety rules that would ordinarily result in discharge; c. prior disciplinary record in connection with the Policy violations would ordinarily result in discharge; d. employed less than six (6) months; e. employed by the Alexandria Fire or Police Department; f. while operating a city-owned motor vehicle, whether on or off duty, 1. was arrested by any law enforcement officer for driving 11

13 under the influence of alcohol or drugs; and/or 2. tested positive for alcohol or drugs using the methods set forth in this policy; and/or 3. failed a breath test administered by a law enforcement officer or a certified technician on a certified Breathalyzer. Failure as used herein shall mean testing higher than the limits set forth in this Policy; and/or 4. refused to submit to an alcohol or drug test using the methods set forth in this Policy. 12

14 TESTS I. Testing All testing will be performed with concern for the employee s personal privacy, dignity, and confidentiality. No employee shall be tested without his/her written consent. However, an employee who refuses to submit to a substance screen as required by this Policy shall be deemed to have a positive test result. A. The following drugs will be tested for (DOT Regulations require five (5) panel and Non-DOT require nine (9) panel): 1. Marijuana Metabolites; 2. Cocaine Metabolites (Benzolylecgonine); 3. Phencyclidine (PCP); 4. Amphetamines; a) Amphetamines b) Methamphetamines c) Methylenedioxymethamphetamine MDMA (Ecstasy) d) Methylenedioxyamphetamine MDA e) Methyl Diethandamine MDEA 5. Opiate Metabolites a) Codeine b) Morphine c) 6-acetylmorphine 6-AM (Heroin) Extended Opiates d) Oxycodone e) Hydocone f) Hydromorphone 6. Barbiturates 7. Benzodiazepines 8. Poxyphene 9. Methadone Comment [b1]: Added Ecstasy Comment [b2]: Added B. Additionally, this Policy shall provide for the testing of alcohol. C. The following are considered refusals to test: 1. refusing, impeding, or delaying any drug or alcohol test; 2. providing an insufficient volume of specimen without valid medical explanation; 13

15 3. tampering, adulterating, or substituting specimen; 4. not reporting to the collection site in the time allotted; 5. leaving the scene of an accident without a valid reason before the tests have been conducted; 6. leaving collection facility prior to test completion; 7. failing to permit an observed or monitored collection when required; 8. failing to take a second test when required; 9. failing to undergo a medical examination when required; 10. failing to cooperate with any part of the testing process; 11. failing to sign Step 2 of the alcohol test form; and/or 12. failing to remain at site and provide a specimen once a test is underway. II. Testing Methods and Levels A. Drugs 1. A positive drug test shall be determined in accordance with National Institute on Drug Abuse (NIDA) Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines with the exception that initial testing for marijuana metabolites shall be at 50 ng/ml. Comment [b3]: Remove Comment [b4]: Replace NIDA 2. Initial testing for prohibited drugs will be an immunoassay screen. Confirmation of positive tests will be by gas chromatography/mass spectrometry (GC/MS) techniques. B. Alcohol 1. A confirmed alcohol result shall be considered a policy violation. 2. Testing for alcohol shall be by those methods approved and recognized by the State of Louisiana for cases concerning driving while intoxicated. All testing procedures shall conform to applicable 14

16 state and federal laws. C. Positive Test Results The following situations constitute a positive test result and will be handled by the Medical Review Officer (MRO) in accordance with this Policy: 1. Adulterated specimens; 2. Refusal to submit to a substance screen as defined in this Policy; 3. A positive drug test in accordance with NIDA SAMHSA guidelines with the exception that initial testing for marijuana metabolites shall be at 50 ng/ml; or Comment [b5]: Remove Comment [b6]: Replace NIDA 4. A confirmed alcohol result. 15

17 TESTING SITUATIONS Federal law requires that drug and alcohol tests be given in specific circumstances: preemployment and transfer, reasonable suspicion, post-accident, random, return to duty, follow-up, and blind sample testing. The City reserves the right to require employees to submit to medical or physical examinations or tests as a condition of employment or continued employment, including, but not limited to, urine drug screens or other examinations, to determine the presence of any illegal or unauthorized drugs, alcohol, or other substances prohibited by this Policy. I. Pre-employment or promotion testing will be required of an applicant as a condition of employment for or promotion to any City position. This screening is part of the final hiring or promotion process. Employees transferring into safety-sensitive positions covered under the Federal Transit Administration (FTA), the Office of Pipeline and Safety, and the Department of Transportation (DOT) will be subject to drug and alcohol tests as a condition of the transfer. II. Reasonable suspicion testing is a federal and City Policy requirement and will be used when there is a reasonable cause to suspect an employee s behavior, performance, error in judgment, accident or incident, or unsafe actions while working is related to substance abuse. Reasonable suspicion develops from, and is not limited to, the following observable behaviors: A. Performance-related shortcomings, such as: 1. reduced productivity; 2. careless or reckless handling of equipment; 3. excessive or repetitive vehicular, equipment, or work procedure accidents; 4. attendance problems, including absenteeism, tardiness, and unusual use of sick leave; 5. disregard for personal safety or safety of co-workers; and/or 6. disruptive and inappropriate behavior or conflicts with co- 16

18 workers. B. Common signs of substance use and/or intoxication, such as: 1. smell of alcohol or drugs on the breath or person; 2. disturbances in walk; 3. slurred speech; 4. impaired motor control; and/or 5. drowsiness. C. Possession of alcohol, drugs, and/or associated paraphernalia D. Consumption of alcohol or drugs while on duty E. Any other behavior inconsistent with previous performance III. Post accident testing is required under federal regulations and City Policy. Both drug and alcohol testing will be completed on any employee covered by this policy who was on duty in a city vehicle at the time of an accident involving that vehicle. An accident by federal regulations is defined as an occurrence associated with the operation of a vehicle and as a result (1) an individual dies; (2) an individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; (3) one or more vehicles incurs disabling damage and is transported away from the scene by a tow truck or other vehicle; or (4) a rail car or trolley vehicle is removed from operation. Additionally, the City Policy adds any occurrence associated with the operation of a city vehicle (5) in which there appears to have been any personal injury to anyone; or (6) which resulted in substantial loss or damage to city property; or (7) where the operator received a citation. The City Policy requires post incident testing if an employee: A. suffers an occupational on-the-job injury requiring treatment from a doctor or hospitalization; or B. causes injury to a fellow employee or citizen requiring treatment by a doctor or hospitalization; or C. is injured due to the employee s failure to wear required personal protective equipment. 17

19 IV. Random Testing will be conducted with the primary purpose of deterring the use of prohibited substances and to ensure a drug free workforce. Employees shall be subject to testing by groups governed by: (1) the Federal Transit Authorities; (2) the Department of Transportation; the Office of Pipeline and Safety; and all other employees not subject to the specified groups. The federal regulations and City Policy require random testing for drug and alcohol use for all covered employees. These regulations also require use of a scientifically valid random-number selection method to select the employees to be tested. Valid methods include the use of a random-number table or a computer random-number generator that is matched with employee identification numbers. This procedure ensures the selection process is truly random and that individual employees are not being singled out for testing. At least fifty percent of the covered employees shall be tested for drug use and at least ten percent of covered employees shall be tested for alcohol abuse annually in accordance with federal requirements. The City Policy requires fifty percent of each group of the work force be tested every twelve (12) months for drug use and alcohol use. Random drug and alcohol testing rates for employees tested under the provisions governing the Federal Transit Authority may be adjusted based upon analysis of positive random test results within the entire transit industry. Testing dates shall be spread reasonably throughout the year in order to eliminate the establishment of a predictable pattern. Random testing must be conducted at all times of day when safety-sensitive functions are performed. Testing shall not be announced in advance. An employee who has been notified that he or she has been selected for testing shall be required to report immediately to the collection site. All covered employees in the random pool shall have an equal chance of being selected and their names shall remain in the pool even after being tested. Therefore, it is possible that some employees may be tested several times in one year, and at the same time for other employees not to be tested for several years. V. Return-to-Duty Testing will be required as a condition of reinstatement of an employee upon completion of a state-approved substance abuse treatment or counseling program. As mandated by federal regulations and City Policy, both a drug and alcohol test shall be administered. 18

20 VI. Follow-up Testing The federal regulations require all covered employees who return to duty upon completion of a state-approved substance abuse treatment or counseling program shall be subject to random follow-up testing for at least twelve but not more than sixty months with a minimum of six tests during the first twelve months after the employee has returned to duty. The City Policy requires random follow-up testing once a month for six months from the date of reinstatement and once quarterly thereafter for a period of three years. Follow-up testing is separate from and in addition to the regular random testing. All covered employees subject to follow-up testing must also remain in the standard random pool and must be tested whenever their names come up for random testing, even if doing so means being tested twice on the same day. VII. Blind Performance Drug Testing, a requirement of all Department of Transportation programs under 49 CFR , is not required for the City as it is only required for employers with an aggregate 2,000 or more DOTcovered employees. However, the City Policy will require blind performance drug testing as defined under 49 CFR as a quality-control measure for drug testing laboratories. 19

21 TESTING PROCEDURES The City will retain a contractor to collect, analyze, and perform the necessary paperwork for the drug and alcohol testing. A Medical Review Officer (MRO) will be retained by the contractor for the assessment of positive drug tests and will contact the employee from whom the specimens are taken. The Federal Transit Authorities does not require a MRO for alcohol testing. In each of the testing situations, the department head and/or designee must: I. Reasonable Suspicion A. Verify the reasonable suspicion decision. Hearsay is not an acceptable basis for reasonable suspicion referral. Ask the witnesses, if any, questions that will strengthen your referral. Before proceeding further, attempt to obtain concurrence or approval from a division director, department head, or manager who has received training in detecting the symptoms of substance misuse. B. Isolate and inform the employee of your suspicions. Ask the employee to explain his/her behavior or the events that took place. If there is still a reasonable belief that substance abuse could be a factor in the situation/incident, inform the employee that he/she is being requested to accompany a designated representative to a collection site to have a substance screen performed. Remind the employee that a refusal to submit to the screen will be construed as a positive test result and treated accordingly. Explain to the employee that a request by the employer to submit to a substance screening is not an accusation; it is merely a request for additional objective data. C. Transport the employee to a facility authorized to collect samples to identify the presence of prohibited substances (hereinafter referred to as a collection site ). An employee that is under reasonable suspicion of substance abuse shall not be allowed to proceed alone to or from the collection site. D. If an employee under reasonable suspicion insists on driving, the proper law enforcement authorities shall be notified that an employee who the City believes may be under the influence of a prohibited substance is leaving the premises driving a motor vehicle. E. Document the event. Ensure you record the behavioral signs and symptoms that support your determination to have the employee tested. Obtain the signatures and statements of any witnesses. Send 20

22 a confidential copy to the Human Resource Department. F. If the test results are positive, an employee shall be transported to the Human Resource Department by a designated representative to meet with the Director of Human Resources or designee. G. The employee under reasonable suspicion shall not be allowed to return to work pending the results of his/her substance abuse screen. II. Post Accident / Incident Testing Post accident testing shall be administered to each employee covered under this Policy who was in the vehicle at the time of the accident or whose performance could have contributed to the accident as determined by the City. Additionally, the City shall perform a post incident test on any employee injured on the job, as well as on any employee whose performance may have contributed to the incident as determined by the City. In compliance with federal regulations and this Policy, every employee shall be tested as soon as practical and within thirty-two hours of the accident/incident for drugs and within two hours for alcohol. If an employee subject to post accident/incident testing is not tested within the designated period, the department head or designee shall prepare and maintain on file a record stating the reason(s) the tests were not promptly administered. A copy of the record shall be forwarded to the Human Resource Department. Nothing in this Policy shall be interpreted to require the delay of necessary medical attention for injured people or to prohibit an employee from leaving the scene of the accident for a period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. 21

23 A. Contact one of the collection sites and order a screen of the employee(s) involved as soon as possible. Each employee that may have contributed to the accident, except where the supervisor determines the employee s performance could not have contributed to the accident, will be tested. Any employee required to have a commercial driver s license as a condition of employment for the City and involved in a post accident or incident where injured employees or citizens are transported to a location for medical attention by a doctor and/or a vehicle is towed away from the scene of the accident and/or a citation is issued and/or there is a fatality shall call the contracted testing facility to ensure compliance with Department of Transportation CDL regulations. B. If the employee is not injured, the supervisor or designee shall immediately transport the employee to the collection site. If the employee is injured, they will be immediately transported to a medical facility and the appropriate test shall be administered as soon as medically possible. If the employee refuses to allow transportation to the collection site, the supervisor or designee shall document said refusal in writing and advise the employee that the refusal shall be construed as a positive test result and treated accordingly. C. After testing is complete, the employee shall be transported back to work by the supervisor or designee unless it is determined the employee is medically unfit for duty. In such case, the supervisor or designee shall make provisions for the employee to get home. An injured employee shall remain under the care and control of appropriate medical personnel. D. If the collection site determines an employee is under the influence of a prohibited substance, the supervisor or designee shall transport the employee to the Human Resource Department to meet with the Human Resources Director or designee. The employee shall not be allowed to return to work. E. Document the event. Ensure you record the behavioral signs and symptoms that support your determination to have the employee(s) tested. Obtain the signatures and statements of any witnesses. Send a confidential copy to the Human Resource Department. III. Random Testing 22

24 A. Prior to making a final decision of a positive test result, a MRO with the testing laboratory shall attempt to contact the employee directly, on a confidential basis, to give him/her the opportunity to discuss the test result. B. After making all reasonable efforts to contact the employee and documenting them, the MRO shall contact the Director of Human Resources or designee who shall direct the employee to contact the MRO as soon as possible. C. After all reasonable efforts have been made to contact the employee, the MRO may verify a positive test result to the Director of Human Resources or designee. D. The Director of Human Resources or designee shall contact the employee s department head or designee and request the employee be removed from duty immediately and accompanied to the Human Resource Department by the department head or designee. No employee shall come to the Personnel Department unaccompanied. E. The employee will be advised of his/her options under the Substance Abuse Policy and will not be allowed to return to duty until he/she has successfully completed a state-approved rehabilitation program. IV. Return-to-duty Testing A. A substance screen will be performed after the employee submits a certificate of having successfully completed a state-approved rehabilitation program, provides a negative final substance screen from the rehabilitation facility and the MRO has reviewed and confirmed successful completion of the program. The Human Resource Department will arrange for the employee to be tested by the collection site that obtained the positive test result. V. When instant screens are not performed or in cases where there is an alleged positive result forwarded to the MRO for review; employees tested for one of the following reasons will be placed on other leave with pay pending receipt of his/her test results: A. For reasonable cause; B. A post accident causing approximately $1,500 or greater worth of property damage; or C. An incident which requires a fellow employee or citizen to seek 23

25 medical attention from a doctor. B. An employee may not return to duty until he/she has successfully passed the return-to-duty substance screen and the MRO determines the employee is able to return to work. C. Should an employee provide proof of having successfully completed a rehabilitation program and fails the return-to-duty substance screen, this constitutes a second positive test and will result in immediate dismissal. D. The Human Resources Department will contact the department head or designee when the employee is able to return to work. 24

26 COLLECTION METHODS The City shall contact the employee of the location of the collection site. All collections shall be collected at a designated testing facility with all the necessary personnel, materials, equipment, facilities, and supervision to provide for the collection, security, temporary storage, and shipping and transportation of urine specimens to a certified drug-testing laboratory in accordance with NIDA SAMHSA guidelines. Note: The Federal Chain of Custody and Control Form (CCF) include a field for the employee s identification number to be completed. The Employee Identification Badge will be used to uniquely identify the employee and the employee s identification number will be used as the identification number on the CCF. Comment [b7]: Remove Comment [b8]: Replace NIDA I. Urine Sample Collections A. A laboratory transmittal and chain of custody form will be completed with the following information: applicant/employee s name, age, sex, employee identification number, collection date and time, sample I.D. number, and type of test. The applicant/employee must provide picture identification at the time of testing. B. A urine sample bottle will be labeled with the following information: sample I.D. number, applicant/employee s name, signature, and date. C. The applicant/employee will be provided with a urine sample bottle and asked to verify it is clean and free of any foreign substance. D. The applicant/employee will be escorted to the designated collection area. Direct observation during collection may be allowed under the following conditions: 1. reason to believe the individual may alter or substitute the specimen to be provided; 2. the urine sample falls outside the acceptable temperature range as listed in the NIDA SAMHSA guidelines; 3. the last urine sample provided by the individual was verified by the MRO as being adulterated based upon the determinations of the laboratory; and/or 4. the person administering the testing observed conduct indicating an attempt to substitute or adulterate the sample. Comment [b9]: Remove Comment [b10]: Replace NIDA E. The sample bottle will be closed and sealed with a tamper-proof tape. 25

27 The applicant/ employee will sign the container and observe the sample bottle being placed in the laboratory s shipping container with the transmittal and chain of custody form. F. Any applicant/employee unable to provide an adequate urine sample will be asked to drink sufficient amounts of water and wait until a urine sample can be obtained. A sample will have to be provided before leaving the collection site. G. Any applicant/employee who reports to a testing facility shall not leave before providing an adequate urine sample. H. Every collection site shall have a designated person who is responsible for the sanitary collection of urine specimens while maintaining privacy, security, and the chain of custody. This person shall also be responsible for the proper disposal of biohazardous waste in accordance with proper safety procedures. II. III. IV. Saliva sample collections are performed to detect alcohol concentration. The saliva test only suggests alcohol may be present in an employee s system. It does not determine the exact level of concentration. An employee testing positive on a saliva test will be given a breath test on an Evidential Breath Testing (EBT) machine certified by, and appears on the conforming products list published by the Department of Highways. A Breath Alcohol Technician (BAT) who is certified to operate such a machine will perform the tests. Action will be taken only on the results of the breath test. Initial tests for prohibited substances will be by immunoassay screen. Confirmation testing shall be by gas chromatography/mass spectrometry in accordance with NIDA SAMHSA guidelines. Testing for alcohol shall be by approved methods valid for a conviction of driving while intoxicated in the State of Louisiana. The laboratory shall report all drug testing results to a qualified MRO. The MRO shall be a licensed physician with knowledge of substance abuse disorders. The MRO shall review all positive drug test results and interview the individuals to verify the laboratory report before contacting the Director of Human Resources or designee. This is in compliance with NIDA SAMHSA guidelines and pursuant to statutory or regulatory authority granted under R.S. 23:1081 et seq. and R.S. 23:1601 et seq. Comment [b11]: Remove Comment [b12]: Replace NIDA Comment [b13]: Remove Comment [b14]: Replace NIDA 26

28 MEDICAL REVIEW OFFICER RESPONSIBILITIES The Medical Review Officer (MRO) is required to do the following: A. Receive the results of all drug tests from the laboratory; B. Conduct administrative review of the control and custody form to ensure its accuracy; C. Review and interpret an individual's confirmed positive test by (1) reviewing the individual's medical history, including any medical records and biomedical information provided; (2) affording the individual the opportunity to discuss the test results; and (3) deciding whether there is a legitimate medical explanation for the result, including legally prescribed medication. D. In appropriate cases, request the laboratory to analyze the original specimen again to verify the accuracy of the reported test result; E. Notify each individual who has a verified positive test that he has 72 hours in which to request a test of the split specimen. If the employee requests such a test within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to ship the split specimen to another DHHS-certified laboratory for analysis; F. If the split specimen analysis fails to confirm the presence of drugs or drug metabolites found in the primary specimen, or if the split specimen is unavailable or inadequate for testing, the MRO shall cancel the test and report that fact and the reasons for it to the Director of Human Resources or designee and the individual tested; G. If the individual tested has not contacted the MRO within 72 hours of being notified of a verified positive drug test, the individual may present to the MRO information documenting that serious injury, illness, inability to contact the MRO, actual lack of notice of the verified positive test, or other compelling circumstances unavoidably prevented the individual from contacting the MRO in time; H. If the MRO concludes that there is a legitimate explanation for the individual's failure to contact him/her within 72 hours, the MRO shall direct that the analysis of the split specimen be performed; I. If the MRO concludes that there is no legitimate explanation for the individual's failure to contact the MRO within 72 hours, then the MRO is not 27

29 required to direct the analysis of the split specimen; J. If, after the MRO makes all reasonable efforts, and such records are documented, the MRO is unable to reach the individual directly, the MRO shall contact the Director of Human Resources or her designee who shall direct the individual to contact the MRO as soon as possible. If the Director of Human Resources or designee, after making all reasonable efforts, is unable to contact the individual, the MRO shall proceed with verified report K. Report each verified test result to the Director of Human Resources or designee. The reporting of a verified positive result shall not be delayed pending the split specimen analysis; L. Maintain all necessary records and send test result reports to the Director of Human Resources or designee; and M. Protect the privacy of the individuals tested as well as the confidentiality of the testing program. 28

30 CONFIDENTIALITY AND ACCESS TO RECORDS The confidentiality of drug and alcohol testing information is a critical concern of all employees. All information, interviews, reports, statements, memoranda, or test results received by the employer through its drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in administrative or disciplinary actions or hearings, or civil litigation where drug use by the tested individual is relevant. Only those people with a job-related, need-to-know reason shall be made aware of substance abuse screen results. All persons, offices, and agencies handling the results are responsible for using such internal measures and procedures as are necessary to safeguard confidential information arising from substance abuse screens. In accordance with DOT and FTA regulations (49 CFR , 49 CFR , , and ) and this Policy, drug and alcohol tests results shall be released only under the following circumstances: A. Upon written request, the City shall promptly provide any employee or applicant with any records pertaining to his/her use of prohibited drugs or misuse of alcohol including any records relating to his/her test(s). B. The City shall release information regarding an employee's or an applicant's record as directed by the specific, written consent of the employee or applicant authorizing release of the information to an identified person. C. The City may disclose information to the employee or to the decision-maker in a lawsuit, grievance or other proceeding initiated by or on behalf of the individual, and arising from the results of a drug or alcohol test (including, but not limited to, a workers' compensation, unemployment compensation, or other proceeding relating to a benefit sought by the employee or applicant). These proceedings also include a criminal or civil action resulting from an employee s performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information sought is relevant to the case and issues an order directing the City to produce the information. D. Records shall be made available to a subsequent employer upon receipt of a written request from the employee or applicant. Subsequent disclosure by the City is permitted only as expressly authorized by the terms of the request of the employee or applicant. E. When requested by the National Transportation Safety Board (NTSB) as part of an accident investigation, the City shall disclose information related to the City s drug and alcohol testing regarding the accident under investigation. 29

31 F. The City shall disclose data for its testing program and any other information pertaining to its substance abuse program required to be maintained by federal regulation, when requested by DOT or the FTA. G. The City shall permit access to all facilities utilized and records compiled in complying with federal drug and alcohol testing regulations to DOT or the FTA. H. The City shall disclose data and any other information pertaining to its testing program as otherwise required by law. 30

32 REHABILITATION Federal regulations do not require the City to provide employee assistance programs for treatment; however, the Policy encourages employees who suspect that they may have a substance abuse problem, even in its early stages, to seek diagnosis and follow through with the treatment that may be prescribed by qualified professionals in order to arrest the problem as early as possible. NO FULL-TIME OR PART-TIME, PERMANENT EMPLOYEE S JOB WILL BE PLACED IN JEOPARDY NOR WILL HE/SHE BE SUBJECT TO DISCIPLINARY ACTION FOR VOLUNTARILY REQUESTING HELP FROM ALCOHOL OR OTHER DRUG ADDICTIONS. A request for assistance after an employee has been selected for testing or while an actual drug screen, search, or inspection of the work area is being conducted or upon completion of the screen or test will not excuse the employee of a Policy violation. An employee wishing to seek assistance should request a confidential meeting with his/her department head or the Director of Human Resources or designee. During the meeting, the employee will be informed of the opportunities available to him/her and the expectations of the City regarding the substance abuse policy. After the voluntary employee has completed rehabilitation, he/she must present a certificate of completion, along with a clear substance abuse screen, to the Director of Human Resources or designee prior to returning to his/her duties. A person who volunteers for rehabilitation will not be considered a rehab for purposes of this Policy. Qualified employees participating in a rehabilitation program will be expected to meet existing job performance standards and established work rules. After successfully completing an approved rehabilitation program, a certificate of completion and a final substance abuse screen from the rehabilitation facility must be presented to the Director of Human Resources or his/her designee. This certificate of completion is reviewed by the MRO of the testing facility that confirmed the employee s positive screen to ensure compliance with the rehabilitation program. Then a return-to-duty substance abuse screen will be performed by the testing facility that confirmed the employee s positive screen and a negative test obtained prior to the employee returning to work. A positive return-to-duty substance abuse screen will constitute a second violation of this Policy. I. Group Insurance Coverage The City s group health insurance policy has some provisions for care in an appropriate treatment facility. The employee should contact the health insurance carrier to determine covered services. Any charges for treatment services secured by the employee which are not covered by the employee's 31

33 insurance must be paid by the employee and not by the City. The City will counsel with and assist requesting employees as to the services available in the community, getting needed professional counseling and advice. II. Treatment Options Generally, drug and alcohol treatment options include in-patient, out-patient, and follow-up services. A. Intensive In-Patient Services. In-patient centers treat severely dependent people and those with physical and/or mental complication. Patients in intensive treatment may need supervised detoxification and may suffer physical withdrawal sickness. As a part of treatment, patients will attend education and awareness lectures and group therapy sessions. Frequently, family members are involved in treatment since dependency affects the entire family. B. Intensive Outpatient Services. These services treat moderately dependent patients who have fewer physical or mental complications than severely dependent or addicted patients. They offer effective and less expensive alternatives to residential care. The patient receives education, group therapy, and individual counseling. These programs often require some family involvement. Costs are generally about one-third to one-half of intensive in-patient treatment. C. Out-Patient Follow-Up Services. Patients discharged from intensive treatment need further help. This may be an out-patient follow-up program lasting from several months to a year or more. One visit per week is typical. Many in-patient and intensive out-patient treatment plans include weekly follow-up sessions at no additional cost. III. Support Organizations Several organizations, such as Alcoholics Anonymous (AA) and Narcotics Anonymous (NA), provide ongoing support for the recovering employee. Additional support organizations may be found in the Yellow Pages Directory under "Drug Abuse & Addiction -- Information and Treatment" and "Social Service Organizations". 32

34 CONTACT PERSON The City has designated F. Jannease Seastrunk, the Director of Human Resources, as the manager of this Policy and its contact person to answer any questions about the Substance Abuse Policy and Procedures. She may be reached at (318)

35 EMPLOYEE S RIGHTS If an applicant or employee questions the validity of the positive test result, he/she may request a second testing be performed on the specimen in question. This request must be in writing and will be performed by another certified laboratory. The employee will be required to pay in advance for the reanalysis of the sample and will be reimbursed for the costs incurred in the reanalysis if the retest of the specimen is negative. The same approved custody and control procedures in transferring the specimen will be followed. Any employee confirmed positive, upon written request, shall have the right of access within seven (7) working days to records relating to his/her drug tests and any records relating to the results of any relevant certification, review, or suspension/revocation-ofcertification proceedings. Any employee who is qualified under a civil service plan and who is disciplined as a result of this Policy shall have the right of appeal to the appropriate civil service board in accordance to established rules. 34

36 EMPLOYER S RIGHTS Nothing in this Policy is to be interpreted as constituting a waiver of management s responsibility to maintain discipline, or the right to take disciplinary measures in the case of poor performance or misconduct that may have resulted from alcoholism or drug dependency. All actions taken shall be in accordance with civil service rules or appropriate disciplinary procedures in effect that protect non-civil service employees. 35

37 AVAILABLE LEAVES While a qualified employee is undergoing treatment under a prescribed program, absences will be handled in accordance with existing civil service rules and policies regarding disability, annual leave, sick leave, or leave of absence. City benefits for rehabilitation and medical care will be in accordance with existing policies. 36