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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 2 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; 3 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 4 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. 5 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. 6 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. 7 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. 8 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 9 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 10 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 11 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. 12 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 13 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 14 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. 15 (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. 16 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 17 18 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: _____________________________________________