HomeMy WebLinkAbout2019-04-15-J01L General Employment Policy_Drug TestingAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 15, 2019
AGENDA ITEM:Consideration of approval of a resolution establishing City of Waukee general
employment policy [Drug-Free Workplace/Drug and Alcohol Testing]
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: Following a review of current general employment
policies, City staff recommends establishing a Drug-Free Workplace/Drug
and Alcohol Testing policy.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: No fiscal impact.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends approval of the general employment
policy.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Drug-Free Workplace/Drug and Alcohol Testing policy
PREPARED BY:Michelle Lindsay
REVIEWED BY:
J1L
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING A CITY OF WAUKEE DRUG-FREE WORKPLACE/DRUG AND
ALCOHOL TESTING POLICY
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, in order to maintain compliance with state and federal law,it is imperative for the
City of Waukee to implement a Drug-Free Workplace/Drug and Alcohol Testing policy; AND,
WHEREAS, the purpose of this policy is to ensure employees are able to work in an alcohol and
drug-free environment and to work with other employees who are alcohol and drug-free; AND,
WHEREAS, this policy establishes guidelines for alcohol and drug testing of employees and
prospective employees; AND,
WHEREAS, the proposed policy has been reviewed for legal compliance by City Legal
Counsel.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that it hereby
approves the City of Waukee Drug-Free Workplace/Drug and Alcohol Testing Policy.
Passed by the City Council of the City of Waukee, Iowa, and approved the 15th day of April,
2019.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
City of Waukee
Drug Free Workplace/Drug and Alcohol Testing
Policy
(Adopted by the CITY OF WAUKEE Council on DATE)
I. INTRODUCTION.
The CITY OF WAUKEE recognizes that the abuse of alcohol and use of illegal drugs
by any employee threatens the health and safety of that employee, the employee's
co-workers, and the general public. The CITY OF WAUKEE also recognizes that
employees should be able to work in an alcohol and drug-free environment, and to
work with other employees who are alcohol and drug-free. The CITY OF WAUKEE
has, therefore, adopted this drug free workplace/drug and alcohol testing policy for
all employees and prospective employees.
Nothing in this drug and alcohol testing policy is intended, nor should it be construed
by the employee, to alter the employment relationship between the CITY OF WAUKEE
and its employees. The CITY OF WAUKEE also reserves the right to modify or
terminate the provisions of this policy at any time, with or without prior notice.
II. DEFINITIONS.
The following terms, when used in this policy, are defined as follows:
A. “CDL employee” – A person employed by the CITY OF WAUKEE holding a
commercial driver’s license, who performs safety-sensitive job functions as
defined by federal Department of Transportation regulations. Safety sensitive
job functions related to CDL’s include:
1.All time waiting to be dispatched, unless the CITY OF WAUKEE has
relieved the employee from duty;
2.All time inspecting, servicing, or conditioning any commercial motor
vehicle at any time;
3.All driving time;
4.All time in or on any commercial motor vehicle;
5.All time supervising, assisting, or attending the loading or unloading of
a vehicle, or remaining in readiness to operate the vehicle, or in giving
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or receiving receipts for shipments loaded or unloaded; or
6.All time repairing, obtaining assistance, or remaining in attendance
upon a disabled vehicle.
B."Drug" – A substance considered a controlled substance and included in
schedule I, II, III, IV, or V under the federal Controlled Substances Act, 21
U.S.C. § 801, et. seq.
C."General employee" – A person employed by the CITY OF WAUKEE whose job
does not require a commercial driver’s license and who is not subject to drug
and alcohol testing under federal DOT regulations.
D."Legal drug" – A prescription medication prescribed for the employee
consuming the medication, and being taken in the amount prescribed by the
employee's treating physician, and in accordance with the prescribed
directions, or over-the-counter medication being taken and used for its
intended purpose and in accordance with any applicable directions.
E.“PHMSA covered employee” – (Pipeline Hazardous Materials Safety
Administration) A person employed by the CITY OF WAUKEE who performs on
a pipeline or liquefied natural gas (LNG) facility an operation, maintenance, or
emergency response function.
F."Prospective employee" – A person who applies, whether orally or in writing,
for employment with the CITY OF WAUKEE.
G."Reasonable suspicion drug or alcohol testing" – Drug or alcohol testing based
upon evidence that an employee is using or has used drugs or alcohol in
violation of this policy, drawn from specific objective and articulable facts, and
reasonable inferences drawn from those facts in light of experience. For
purposes of this policy, facts and inferences may be based upon, but are not
limited to, any of the following:
1.observable phenomena while at work such as direct observation of drug
or alcohol use or abuse or of the physical symptoms or manifestations
of being impaired due to drug use;
2.abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance;
3.a report of drug or alcohol use provided by a reliable and credible
source;
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4.evidence that an individual has tampered with any drug test during the
individual's employment with the current employer;
5.evidence that an employee has caused an accident while at work which
resulted in an injury to a person that, if suffered by an employee, a
record or report could be required by state or federal law, or resulted
in damage to property, including damage to equipment, in an amount
reasonably estimated at the time of the accident to exceed one
thousand ($1,000) dollars;
6.evidence that an employee has manufactured, sold, distributed,
solicited, possessed, used, or transferred drugs while working or while
on the employer's premises or while operating any of the employer's
vehicles, machinery, or equipment.
H.“Safety-sensitive job functions” shall include items listed in Section 2 B above
for CDL employees, but shall also include for all employees any functions
where the life or health of the employee, other employees, or the general
public may be put at risk. Examples include but are not limited to performing
any type of live-line electrical maintenance work, or the operation of motorized
equipment.
I."Sample" – A sample from the human body capable of revealing the presence
of drugs or their metabolites. "Sample" does not include blood, except in
circumstances where a blood test was administered by or at the direction of a
person providing treatment to an employee involved in a workplace accident.
A blood sample cannot be administered at the request or suggestion of the
employer.
J."Under the influence of alcohol" – Being under the influence of alcohol shall
generally mean having an alcohol concentration level of .02 grams of alcohol,
or greater, per two hundred ten liters of breath, or its equivalent, or, if
performing any safety-sensitive function, having an alcohol concentration level
of .02 grams of alcohol, or greater, per two hundred ten liters of breath, or its
equivalent.
III. PROHIBITED CONDUCT.
A.All Employees
The CITY OF WAUKEE strictly prohibits the use, possession, consumption, sale,
transfer (or any attempt to sell or transfer) of alcohol or any illegal or unauthorized
drug including any "look alike" substance, or being under the influence of alcohol or
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any illegal or unauthorized drug, during work time, while conducting any type of
business on the CITY OF WAUKEE's behalf, or while on the CITY OF WAUKEE's
premises or property. Any employee engaging in such activity shall be subject to
discipline up to and including the immediate termination of their employment with
the CITY OF WAUKEE, pursuant to the terms of applicable state law or contract.
Furthermore, the CITY OF WAUKEE reserves the right to immediately discharge any
employee who tests positive for alcohol or drug use pursuant to the procedures
outlined in this policy, and to the extent permitted by Iowa law, without first offering
the employee substance abuse evaluation, treatment, rehabilitation, or any related
service, unless the employee's contract dictates otherwise.
An employee may use, possess, and be under the influence of a legal drug while on
the CITY OF WAUKEE's premises or property or during working time provided the
prescription or over-the-counter drug will not impair the employee's work
performance or present a safety risk to the employee, others or property. The CITY
OF WAUKEE reserves the right to take appropriate action (including relieving the
employee from his/her work duties) if an employee's use of legal drugs either impairs
or is likely to impair the employee's ability to perform his or her work assignments.
Failure to submit to any drug or alcohol testing under this policy including, but not
necessarily limited to, an employee's failure to report in a timely manner to a
collection site, sign any required consent form or otherwise fully cooperate in the
collection of any authorized sample, is strictly prohibited, and will result in discipline
up to and including termination.
Any action taken against an employee or prospective employee pursuant to this policy
based on a drug or alcohol test, will be based only on the results of that test.
B.CDL and PHMSA covered employees
CDL and PHMSA covered employees are prohibited from all conduct proscribed by
subsection A above. In addition, CDL and PHMSA covered employees are prohibited
from engaging in the following conduct:
1.Reporting for duty or remaining on duty requiring the performance of
safety-sensitive job functions while under the influence of a drug or
having an alcohol concentration of 0.02 or greater.
2.Being on duty or operating a commercial motor vehicle while
possessing alcohol or an illegal drug, unless the alcohol is manifested
and transported as part of a shipment.
3.Using alcohol or a drug while performing safety-sensitive functions.
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4.Performing safety-sensitive functions within 4 hours after consuming
alcohol or a drug, or if an employee is called to duty to respond to an
emergency, within the time period after the employee has been
notified to report to duty
5.Using alcohol or a drug during specified on-call hours.
6.Using alcohol or a drug within eight hours following an accident or
until undergoing a post-accident test.
7.Refusing to submit to a post-accident, random, reasonable suspicion,
or follow-up alcohol or drug test. Refusal to test has the same
consequences as a positive test result.
An employee is considered to have refused to submit to a drug test when the
employee does any of the following:
Fails to appear for any test within a reasonable time, as determined by the
employer, after being directed to do so by the employer;
Fails to remain at the testing site until the testing process is complete;
Fails to provide a urine specimen for any DOT required drug test;
Fails to permit or follow required protocol of a required directly observed or
monitored drug test;
Fails to provide a sufficient amount of urine when directed, and it has been
determined that there was no medical explanation for the failure;
Fails to take a second test when directed;
Fails to undergo a medical examination as part of the “shy bladder”
procedures;
Fails to remain at the testing site until the testing process is complete;
Fails to cooperate with any part of the testing process.
An employee is considered to have refused to submit to an alcohol test when the
employee does any of the following:
Fails to appear for any test within a reasonable time, as determined by the
employer, after being directed to do so by the employer.
Fails to remain at the testing site until the testing process is complete;
Fails to attempt to provide a saliva or breath specimen for any required test;
Fails to provide a sufficient breath specimen and a physician has determined
that there is no adequate medical explanation for the failure;
Fails to undergo a medical examination as directed by the employer;
Fails to sign the Alcohol Testing Form (ATF) when required to do so; or
Fails to cooperate with any part of the testing process.
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IV. WHEN DRUG OR ALCOHOL TESTING MAY BE CONDUCTED.
A. All employees
The CITY OF WAUKEE reserves the right to conduct any form of drug or alcohol
testing permitted under Iowa law. The testing methods the CITY OF WAUKEE uses
to test employees for drug or alcohol use include, but are not necessarily limited to,
the following methods:
1. Pre-employment Testing.
Because of the potential risk associated with substance abuse, the CITY OF WAUKEE shall
conduct pre-employment drug testing on all job applicants, the results of which may be
used to determine eligibility for hiring.
2.Workers Comp/Post Accident Testing
The CITY OF WAUKEE may require drug testing to determine if an
employee is ineligible to receive Workers Compensation in accordance with
85.16(2) of Iowa Workers Compensation Law. Post-accident testing may
occur for employees when circumstances involve:
1) a death, or personal injury requiring hospitalization;
or
2) an injury compensable under workers’ compensation; or
3) damage to the CITY OF WAUKEE’s or private property in excess of
$1,000; or
4) for transit employees, when the vehicle is disabled or must be towed
as a result of the accident.
Testing for alcohol and controlled substances will be conducted as soon as
practicable following an accident which meets the criteria of this
section. Alcohol tests must be conducted within eight (8) hours following the
accident; controlled substances tests must be conducted within 32 hours
following the accident. The employee must remain readily available for
testing until the tests are administered or for these time periods, whichever
comes first.
3.
4.
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3. Reasonable Suspicion Testing.
Any employee for which a reasonable suspicion exists that the employee is
under the influence of alcohol or an illegal or unauthorized substance will be
subject to alcohol or drug testing. Any employee who refuses to submit to
testing under this provision will be deemed to have received a confirmed
positive drug or alcohol test. Reasonable suspicion testing is defined in Section
II(G) of this policy.
a. If drug testing is required, the testing shall screen for the
presence of the following substances or similar substances:
Cocaine, Marijuana, Phencyclidine (PCP), Amphetamines, Opiates,
Hydrocodone, Oxycodone, Hydromorphone and Oxymorphone.
Employees will be given an opportunity to provide any information which may
be considered relevant to the test, including identifying prescription or non-
prescription drugs currently or recently used, or other relevant medical
information.
If the employee being tested holds a position involving duties which could
subject the employee, others, or property to injury or damage, the employee
will be removed from his or her normal work duties and will be placed in a job
that will not subject the employee, others, or property to injury or damage
until the results of the reasonable suspicion drug or alcohol test are received.
If the employee's reasonable suspicion drug or alcohol test is confirmed
positive in violation of this policy, the employee will be disciplined immediately
pursuant to applicable state law or contract.
b. Alcohol Testing.
Alcohol breath tests shall be conducted pursuant to the requirements
governing evidential breath testing devices, alcohol screening devices and the
qualifications for personnel administering the initial confirmatory test
consistent with regulations adopted as of January 1, 1999 by the United States
Department of Transportation governing alcohol testing required to be
conducted pursuant to the Federal Omnibus Transportation Employee Testing
Act of 1993. If the CITY OF WAUKEE elects to use a breath test for purposes
of determining the presence of alcohol, it will not provide for a split specimen
at the time the sample is collected and it will not be reviewed by the Medical
Review Officer.
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4.Testing During and After Treatment and Rehabilitation.
Employees may be subjected to drug and alcohol testing during and after
completion of a treatment and rehabilitation program. Additionally, if the
treatment and rehabilitation program issues a recommendation for ongoing
post-treatment testing, such tests will continue for the duration of the
recommended testing period.
B.CDL and PHMSA covered employees
Federal regulations promulgated by the United States Department of Transportation,
as found in the Code of Federal Regulations (CFR) at 49 C.F.R., Part 382, Part 40 and
Part 199 require the CITY OF WAUKEE to test all employees performing safety-
sensitive job functions. If a positive test is found, the donor will have 5 business
days to have the prescribing physician contact the MRO and discuss whether the
prescribed medication will have an impact upon a safety sensitive activity of the
employee. The MRO may be contacted at: 4230 War Eagle Drive, Sioux City, IA.
Phone 712-224-4307. The CITY OF WAUKEE’s CDL and PHMSA employees are
subject to the following six types of testing:
1. Pre-employment testing
Prior to the first time an employee performs safety-sensitive functions, a pre-
employment drug test will be conducted. A pre-employment drug test will also
be conducted when a current employee becomes subject to this program as a
result of a change in job description or work assignment. Such test shall be
administered prior to the first time the employee performs a safety-sensitive
function.
2.Post-accident Testing
When an accident involving a the CITY OF WAUKEE commercial motor vehicle
operating on a public road in-state or out-of-state occurs, an alcohol and drug
test will be performed on each surviving employee who was performing safety
sensitive functions with respect to the vehicle: 1) if the accident involved the
loss of human life; or 2) if the employee received a ticket within 8 hours of the
accident for a moving traffic violation arising from the accident (for alcohol
testing), or received a ticket within 32 hours of the accident (for drug testing).
In the case of an accident resulting in a ticket, but not a loss of life, one of the
following criteria must also be met: 1) the accident involved bodily injury to
any person who, as a result of the accident receives medical treatment away
from the scene of the accident; or 2) one or more motor vehicles incurring
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disabling damage as a result of the accident, requiring a motor vehicle to be
transported away from the scene by a tow truck or other motor vehicle.
An employee who is subject to post-accident drug and alcohol testing will
remain readily available for such testing or may be deemed to have refused to
submit to testing. However, the employee is allowed to get necessary
emergency medical attention for injured people, or, if necessary, to leave the
scene of an accident for the period necessary to obtain assistance in
responding to the accident.
Drug tests will be administered as soon as practicable, but no later than 32
hours after the accident. Alcohol tests will be administered as soon as
practicable, but no later than 8 hours after the accident.
5.Random Testing
All CDL employees covered by this policy are subject to unannounced drug
and alcohol testing based on random selection. All PHMSA covered employees
covered by this policy are subject to unannounced drug testing based on
random selection. The CITY OF WAUKEE will ensure that random drug and
alcohol tests are unannounced and spread reasonably throughout the calendar
year. The CITY OF WAUKEE will calculate the number of CDL and PHMSA
employees subject to random drug and alcohol tests using a scientifically valid
method of random selection. All CDL and PHMSA employees will be subject
to random testing on each random testing date and will have an equal chance
of being tested each time selections are made. As a result of the random
selection process, a CDL or PHMSA employee may be tested more than once
or not at all during the calendar year.
6.Reasonable Suspicion Testing
Any employee for which a reasonable suspicion exists that the employee is
under the influence of alcohol or an illegal or unauthorized substance will be
subject to alcohol or drug testing. Any employee who refuses to submit to
testing under this provision will be deemed to have received a confirmed
positive drug or alcohol test. Reasonable suspicion testing is defined in Section
II(G) of this policy.
7.Return to Duty Testing
Any CDL or PHMSA employee who has engaged in prohibited drug or alcohol
use must undergo a drug or alcohol test before returning to duty requiring the
performance of safety-sensitive functions. The drug test must indicate a
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verified negative result for drug use. The alcohol test must indicate an alcohol
concentration of less than 0.02.
6. Follow-up Testing
Any CDL or PHMSA employee returned to duty after engaging in prohibited
drug or alcohol use is subject to follow-up testing following a determination
by a substance abuse professional that an employee needs help in resolving
drug or alcohol abuse problems.
V. TESTING PROCEDURES.
All drug or alcohol testing will be conducted by a laboratory or testing facility that
has been approved under the rules of the Department of Public Health of the State
of Iowa or U.S. Department of Health and Human Services. When testing for
alcohol/drugs, testing will include a urine test.
If a test result other than pre-employment indicates the presence of alcohol or an
illegal drug, a second test using an alternate method of analysis shall be
conducted. If this test is also positive, a portion of the original sample will be made
available for the employee or volunteer to have his/her own test made at his/her own
expense. An employee other than a new employee or potential new employee shall
be accorded a reasonable opportunity to rebut or explain the results of a drug test.
An employee who refuses to be tested when so required will be subject to the full
range of disciplinary action, including termination. No applicant who refuses to be
tested shall be extended an offer of employment. Attempts to alter or substitute the
specimen provided will be deemed a refusal to take the drug test when required.
Drugs for Which Individuals Are Tested – The CITY OF WAUKEE may test for
the following drugs: marijuana, cocaine, amphetamines, opiates, alcohol, and
phencyclidines (PCP) or any other drug as approved in advance by the Secretary of
the Department of Health and Human Services, or as may be required under State
and Federal regulations.
In conducting those tests designed to identify the presence of chemical substance in
the body, the CITY OF WAUKEE shall ensure to the extent feasible that the tests only
measure, and that the records of the tests only show or make use of information
regarding chemical substance in the body which are likely to affect the ability of the
employee to perform his/her duties safely while on the job.
Confirmatory Challenge - Collection of a urine sample for testing of current
employees shall be performed so that the specimen is split into two components at
the time of collection in the presence of the individual from whom the sample is
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collected. The second portion of the specimen shall be of sufficient quantity to permit
a second, independent confirmatory test. If a confirmed positive test result for drugs
or alcohol for a current employee is reported to the employer by the MRO, the CITY
OF WAUKEE shall notify the employee in writing and inform the employee of the right
to request and obtain a confirmatory test of the second sample collected. This second
test shall be conducted within seventy-two hours of being notified of a positive result
at an approved laboratory of the employee’s choice, with the cost being the
employee’s responsibility. If the results of the second confirmatory test do not
confirm the results of the initial confirmatory test, the CITY OF WAUKEE shall
reimburse the employee for the fee paid by the employee for the second test. The
initial confirmatory test shall not be considered a confirmed positive drug test for
purposes of taking disciplinary action pursuant to this policy.
Cost of Tests – The CITY OF WAUKEE shall pay for the costs associated with
conducting the drug and/or alcohol test(s), except in the case of confirmatory
challenges, in which case the employee shall reimburse the CITY OF WAUKEE for the
costs associated with testing the second sample.
Negative Results. If the results of the alcohol and/or drug test(s) are negative, the
employee will be returned to his/her regular duties and be paid for any scheduled
hours lost between the time the tests are conducted and the time the test results are
reported.
Positive Results for Current City Employee. If the results of the alcohol and/or
drug test(s) are positive for a current CITY OF WAUKEE employee, the CITY OF
WAUKEE shall notify the employee in writing by certified mail, return receipt
requested, of the results of the test, the employee’s right to request and obtain a
confirmatory test of the second sample collected at an approved laboratory of the
employee’s choice, and the fee payable by the employee to the employer for
reimbursement of expenses concerning the test. If the results of the second test do
not conform to the results of the initial confirmatory test, the CITY OF WAUKEE shall
reimburse the employee for the fee paid by the employee for the second test and the
initial confirmatory test shall not be considered a confirmed positive test result for
purposes of taking disciplinary action.
If the results of the second confirmatory test are consistent with the initial test results,
the employee will be removed from their position and referred to employee assistance
and/or subject to disciplinary action up to and including termination.
Positive Results for Prospective Employees– If the results of a prospective
employee’s alcohol and/or drug test(s) is positive, the CITY OF WAUKEE shall notify
the individual in writing of the test results, of the name and address of the medical
review officer who made the report, and of their right to request records of the
report.
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VI. DISCIPLINARY ACTION -ALL EMPLOYEES.
The CITY OF WAUKEE reserves the right to take appropriate action following a
positive drug or alcohol test. Such action may include discipline up to and including
discharge consistent with applicable contractual, statutory and constitutional
safeguards.
1. If a test of an employee results in a Medical Review Officer (MRO)
verified positive test for the use of drugs, the employee will be suspended for
the remainder of his/her shift, and referred to an appropriate substance abuse
professional for evaluation and enrollment in a treatment and rehabilitation program,
if recommended. In addition, that employee will be removed from performing any
safety-sensitive functions until an assessment has been completed by an appropriate
substance abuse professional and the employee has a return to duty MRO verified
negative test for the use of drugs. Results of the drug test and terms of the
rehabilitation will remain confidential, except as provided by the federal regulations.
2. If a test of an employee results in an alcohol concentration of 0.02
or greater, but less than 0.04, that employee will be removed from performing
any safety-sensitive functions for the next 24 hours. Results of the alcohol test will
remain confidential, except as provided by the federal regulations.
3. If a test of an employee results in an alcohol concentration of 0.04
or greater, the employee will be suspended for the remainder of his/her shift, and
referred to an appropriate substance abuse professional for assessment and
enrollment in a treatment and rehabilitation program, if recommended. In addition,
that employee will be removed from performing any safety-sensitive functions until
cleared by a substance abuse professional. A CDL or PHMSA employee must also
undergo a return to safety-sensitive duty alcohol test indicating an alcohol
concentration of less than .02. Results of the alcohol test and terms of the
rehabilitation will remain confidential, except as provided by the federal regulations.
4. During suspension and/or reassignment the employee may use accrued
sick leave, vacation time, comp time and/or unpaid leave as provided under the
Family and Medical Leave Act of 1993.
5. Employees referred to the treatment and rehabilitation program as a
result of an MRO verified positive drug test, or breath test showing an alcohol
concentration of 0.04 or greater, must immediately cease any substance abuse. CDL
and PHMSA employees must be subject to testing before returning to safety-sensitive
duty, and must subject themselves to periodic unannounced testing for a period of
not to exceed sixty months with at least six periodic unannounced tests in the first
12 months following the drivers return to duty. All employees must comply with all
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other conditions of the treatment and counseling program recommended by the
substance abuse professional.
6. Employees shall be responsible for costs related to rehabilitation. For
those employees covered under the employee benefit plan provided by the CITY OF
WAUKEE, the employee will be responsible for any deductible and co-insurance
expenses associated with rehabilitation.
7. An employee required to take time off in order to participate in a
rehabilitation program will be permitted to use accrued sick leave, vacation time,
comp time and/or unpaid leave as provided under the Family and Medical Leave Act
of 1993.
8. Participation in substance abuse treatment and rehabilitation will not
result in disciplinary action; other than those actions outlined in this policy, however,
duties which are not of a safety-sensitive nature may be assigned until the MRO or
substance abuse professional determines that the employee may return to duty.
Successful completion of the prescribed program will be required for the employee
to continue employment with the CITY OF WAUKEE.
9.Possible Causes for Termination
a. If an employee had a positive test for drugs and is undergoing
substance abuse treatment and counseling, or has returned to duty upon
successfully completing such treatment and rehabilitation, and a second test
is verified by the MRO as positive, the employee will be terminated from the
CITY OF WAUKEE.
b. If an employee tested for alcohol with a concentration of 0.04
or greater and is undergoing substance abuse treatment and counseling or
has returned to duty upon successfully completing such treatment and
rehabilitation and a subsequent test for alcohol identifies a concentration of
0.04 or greater, the employee will be terminated from the CITY OF WAUKEE.
c. Any employee who refuses to report for assessment, evaluation,
and/or referral for treatment with a substance abuse professional will be
terminated from the CITY OF WAUKEE.
d. Any employee who, after assessment by a substance abuse
professional, is referred for rehabilitation and the employee refuses to enter
or successfully complete such a rehabilitation program will be terminated from
the CITY OF WAUKEE.
e. Any employee who refuses to provide an adequate breath for alcohol
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testing or refuses to provide an adequate urine sample without a valid medical
explanation after he/she received notice of the requirement to be tested in
accordance with the requirements of the federal regulations, or who engages
in conduct that clearly obstructs the testing procedure, will be terminated from
the CITY OF WAUKEE.
f. Use of alcohol or illegal drugs on company time will result in
termination.
g. If a CDL employee loses his/her Commercial Driver’s License (CDL)
for an extended period of time and as a result can no longer meet the
qualifications of his/her job, and cannot be productively reassigned duties
which are not of a safety-sensitive nature for that period of time, the CDL
employee will be terminated from the CITY OF WAUKEE.
10. Employees who undergo substance abuse treatment and counseling under
this policy and who continue to work must meet all established standards of
conduct and job performance.
VII. EMPLOYEE ASSISTANCE.
The CITY OF WAUKEE maintains a resource file of employee assistance services
providers, mental health providers, alcohol and other drug abuse programs certified
by the Iowa Department of Public Health, and other persons, entities, or
organizations available to assist employees with personal or behavioral problems.
VIII. CONFIDENTIALITY.
The CITY OF WAUKEE shall regard as confidential all communications it receives that
pertain to the drug or alcohol test results of an employee or prospective employee,
or any information the CITY OF WAUKEE otherwise receives through its drug testing
program. The CITY OF WAUKEE, however, reserves the right to disclose the results
of a drug or alcohol test, or other related information, under the following
circumstances:
(a) In an administrative agency or judicial proceeding under workers'
compensation laws, or unemployment compensation laws, or under common
or statutory laws where any action taken by the CITY OF WAUKEE based on a
positive test result as defined by this policy is either relevant or challenged.
(b) To any federal agency or other unit of the federal government as required
under federal law, regulation, or order, or in accordance with compliance
requirements of a federal government contract.
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(c) To any state agency authorized to license individuals if the employee tested is
licensed by that agency and the rules of that agency require such disclosure.
(d) To a substance abuse evaluation or treatment facility or professional for the
purpose of evaluation or treatment of the employee.
IX. ACCESS TO RECORDS.
Employees or prospective employees who are subject to a drug or alcohol test
pursuant to this policy, and for whom a positive test result is obtained, shall be given
access to any records relating to the employee's drug or alcohol test, including
records of the laboratory where the testing was conducted, and any records relating
to the Medical Review Officer selected by the CITY OF WAUKEE to interpret the test
result.
Notwithstanding the above, a prospective employee shall be entitled to access to
records under this section only if the prospective employee requests the records
within fifteen calendar days from the date the CITY OF WAUKEE provides the
prospective employee with written notice of his or her test result as required by Iowa
law. The CITY OF WAUKEE shall not release any records concerning a positive test
result obtained by a prospective employee unless the records are requested within
that fifteen-day period.
All requests for drug or alcohol testing records shall be made in writing and addressed
to the attention of the CITY OF WAUKEE's Human Resources Personnel.
X. EDUCATION AND TRAINING.
Policy and guidelines will be distributed by the CITY OF WAUKEE to each covered
employee and provided to a representative of any employee labor
organization. Employees will be provided with informative training regarding the
effects of alcohol and drug use, the CITY OF WAUKEE policy, and procedures for
identifying alcohol or drug problems in others. Employees who have questions about
the CITY OF WAUKEE’S drug and alcohol testing program should contact the CITY
OF WAUKEE’S Human Resources Officer.
Supervisors designated to make reasonable suspicion determinations for drug or
alcohol testing under this policy shall attend a minimum of two hours of initial
training and to attend, on an annual basis thereafter, a minimum of one hour of
subsequent training. The training shall include, but not be limited to, information
concerning the recognition of evidence of employee alcohol and other drug abuse,
the documentation and corroboration of employee alcohol and other drug abuse,
and the referral of employees who abuse alcohol or other drugs to the EAP.
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ALCOHOL AND DRUG ASSISTANCE PROGRAMS
FOR MORE INFORMATION OR ASSISTANCE, PLEAE CONTACT ANY OF THE
FOLLOWING SOURCES:
Cocaine Anonymous: (800) 347-8998
Center for Substance Abuse: (800) WORKPLACE
National Clearinghouse for Alcohol and Drug Abuse: (800) 729-6686
NIDA’s treatment Hotline: (800) 662-HELP
Some helpful and interesting websites are:
https://drughelp.org.nz/
www.dea.gov
www.samsha.gov
www.yourlifeiowa.org/drugs-publications
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I HERBY ACKNOWLEDGE THAT (A) I HAVE RECEIVED AND REVIEWED A
COPY OF THIS POLICY AND (B) I MUST ADHERE TO THE CITY OF
WAUKEE’S DRUG FREE WORKPLACE/DRUG AND ALCOHOL TESTING
POLICY AS A CONDITION OF MY CONTINUED EMPLOYMENT.
EMPLOYEE: _____________________________DATE: ______________
PRINTED NAME: _____________________________________________