BILL NO. 3753 ORDINANCE ______
AN ORDINANCE AMENDING THE PERSONNEL POLICY MANUAL AS PROVIDED IN ORDINANCE 3469, 3581, 3648, AND 3710 FOR THE CITY OF WEST PLAINS – DRUG POLICY
WHEREAS, it is desirable to enact and continually update a personnel policy to establish certain rules, regulations, and other administrative provisions so that the employees of the City of West Plains may be treated equitably and fairly; and
NOW, THEREFORE, be it ordained by the City Council of the City of West Plains, Missouri as follows:
Section 1: The Personnel Policy Manual is hereby amended as shown in EXHIBIT A attached.
Section 2: Any Ordinance presently existing contrary to the provisions of this Ordinance shall be automatically amended, effective upon passsage of this Ordinance.
Section 3: This Ordinance shall be in full force and effect ten days after its passage and approval.
PASSED AND APPROVED THIS _________DAY OF __________, 2002.
CITY OF WEST PLAINS, MISSOURI
___________________________________
MAYOR JOE PAUL (J. P.) EVANS
ATTEST:
_______________________________
CITY CLERK CONNIE SHELTON
West Plains Transit System
3.210 Substance Abuse Policy
Date Approved: February 19, 2002
Revision Dates: 12/1996; 06/21/1999
Date Revisions Effective: 01/01/1996; 07/01/1999
I. Policy
The City of West Plains is committed to preserving the highest possible safety standards for the protection of our riders, employees, property and the general public. Additionally, the City of West Plains recognizes that employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment which promotes personal opportunities for growth.
Therefore, it is the policy of the City of West Plains to 1) assure that City of West Plains employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner. 2) Create a workplace environment free from the adverse effects of drug and alcohol substance abuse or misuse. 3) Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances. 4) Encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties.
II. Purpose
The purpose of this policy is to assure worker fitness for duty and to protect our employees, passengers and the public from risks posed by the use of alcohol and prohibited drugs. This policy is also intended to comply with all applicable Federal regulations governing workplace and anti-drug programs in the transit industry. The Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandate urine drug testing and breath alcohol testing for safety-sensitive positions and prohibits performance of safety-sensitive functions when there is a positive test result. The U.S. Department of Transportation has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. In addition, the Federal government published 49 CFR Part 29, "The Drug-Free Workplace Act of 1988", which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA. This policy incorporates those requirements for safety-sensitive employees and others when so noted.
This policy applies to all City of West Plains employees, full- and part-time, when they are on city property or when performing city -related safety-sensitive or non-safety-sensitive business. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors and contractor employees are governed by this policy while on city property and will not be permitted to conduct city business if found to be in violation of this policy. Unless otherwise noted, all provisions in this policy are mandated by the FTA regulations sited above for safety-sensitive employees. City of West Plains employees who are in non-safety-sensitive positions do not fall under FTA authority. They do still, however, fall under City of West Plains authority and must comply with this policy. Compliance with this substance abuse policy is a condition of employment at the City of West Plains.
“Prohibited substances” addressed by this policy include the following:
Illegally Used Controlled Substances or Drugs: The use of any illegal drug or any substance identified in the Controlled Substance Act (21 U.S.C. 812) is prohibited at all times unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. Safety Sensitive employees will be tested for marijuana, cocaine, amphetamines, opiates and phencyclidine as described in this policy.
Legal Drugs: The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgement may be adversely affected must be reported to a transit system supervisor. In addition, the employee must obtain a written release from the attending physician releasing the person to perform their job duties at any time they obtain a performance-altering prescription. A legally prescribed drug means that individual has a prescription or other written approval from a physician for the use of a drug in the course of medial treatment. It must include the patient’s name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing transit business is prohibited.
Alcohol: The use of beverages containing alcohol or substances including any medication, mouthwash, food, candy or any other substance such that alcohol is present in the body while performing city business is prohibited. The concentration of alcohol is expressed in terms of alcohol per 210 liters of breath as measured by an evidential breath-testing device.
“Prohibited Conduct” addressed by this policy include the following:
1. Manufacture, Trafficking, Possession and Use: The City of West Plains prohibits employees from the unlawful manufacture, possession, use, distribution or purchase of prohibited substances on city premises, in city vehicles, in uniform or while on city business. Employees who violate this provision will be discharged. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.
2. Intoxication/Under the Influence: Any employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. Employees found to be under the influence of a prohibited substance who fail to pass a drug or alcohol test shall be removed from duty and subject to disciplinary action. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended.
Alcohol and Drug Use: All employees are required to report to their jobs in appropriate mental and physical condition, ready to work. If an employee takes medication that may cause impairment, they are to notify their supervisor before commencing work on that day. An employee must not consume alcohol while performing safety-sensitive functions, within four hours prior to performing the safety-sensitive function, while on call, and up to eight hours following an accident or until the employee undergoes a post-accident test, whichever occurs first. Use and ingestion of illegal drugs are prohibited at all times.
Compliance with Testing Requirements: Safety-sensitive employees shall undergo drug and alcohol testing as outlined in Part IV of this Policy. Refusal by a safety sensitive employee, or applicant, to submit to a drug or alcohol test shall be treated as a positive test or, in the case of an applicant, a refusal of the job offer. Behavior that constitutes a refusal includes: refusal to take the test; inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation; tampering with or attempting to adulterate the specimen or collection procedure; not reporting to the collection site in the time allotted; or leaving the scene of an accident without a valid reason before the tests have been conducted. Drug tests can be performed any time a safety sensitive employee is on duty or on call. An alcohol test can be performed when the safety sensitive employee is actually performing a safety sensitive duty, just before, or just after the performance of a safety sensitive duty.
Notifying the City of West Plains of Criminal Drug Conviction: Any employee who is charged of any violation of any criminal drug statute (including misdemeanors for a violation) shall notify their immediate supervisor immediately. The employee shall be suspended immediately pending outcome of the case. A conviction includes any finding of guilty (including one agreed to by the employee) or pleas of no contest and/or any imposition of a fine, jail sentence or other penalty. Such a conviction will result in immediate termination. Failure to report a charge or conviction is grounds for immediate termination.
Any violation of this substance
abuse policy will result in immediate removal from a safety-sensitive duty as
mandated by FTA regulations and in disciplinary action up to and including
discharge, as mandated by the City of West Plains policy.
The City of West Plains retains full and final discretion on whether, when and under what conditions an employee may be re-employed after an instance of substance abuse and/or enrollment in counseling and/or rehabilitation program. If re-employed, return-to-duty follow-testing mandated by FTA regulations will be followed.
This policy will be distributed to all City of West Plains employees requiring a sign‑off of receipt and understanding. This policy is provided to all current employees and to all new hires during orientation.
The City of West Plains requires all employees in a “safety sensitive” position to undergo drug and alcohol testing. In the FTA regulations, a “safety-sensitive” function is defined as any duty related to the safe operation of mass transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), dispatch, maintenance of a revenue service vehicle or equipment used in revenue service, security personnel who carry firearms, and any other employee who holds a Commercial Driver’s License. Within the City of West Plains, safety sensitive positions are defined as: Operation Manager, Full-time Bus Drivers, Part-Time Bus Drivers, Leadman Mechanic and Mechanics. These employees shall be tested for drug and alcohol use in the following circumstances:
Pre‑employment: Individuals seeking a safety-sensitive position shall undergo urine drug testing prior to hire or transfer into a safety-sensitive position. The individual can not begin performing safety-sensitive duties until the results of the test have been received and are negative. Under the City of West Plains Policy, a positive drug test result renders the individual ineligible for employment at the City of West Plains. A pre-employment/pre-transfer test will also be performed anytime an employee’s status changes from an inactive status in a safety-sensitive position to an active status in a safety-sensitive position (i.e., return from extended leave of absence, etc.)
Post‑accident: After
an accident involving an city vehicle, the driver of that vehicle shall undergo
both drug and alcohol testing if one or more of these criteria are met: 1) the
accident involved a fatality. 2) An accident results in injuries requiring
immediate transportation to a medical treatment facility. 3) One or more
vehicles incurs disabling damage and is transported away from the scene by a
tow truck or other vehicle unless the driver can be completely discounted as a
contributing factor to the accident.
The accident definition may include some incidents where an individual
is injured even though there is no vehicle collision.
The City of West Plains driver must provide a urine sample for a drug test within 32 hours of the accident. A breath test to determine alcohol usage is to be administered within 2 hours of the accident. If the test is unable to be administered within 2 hours, the employee has up to 8 hours after the accident to undergo the test. If after eight hours the test has still not been administered, the employee is to cease trying to get the test and the area manager is to document the reasons why the test was not done and forward that documentation to the Personnel Clerk for inclusion in the annual report employers are required to complete. A refusal on the part of an employee to undergo testing will be considered a positive test.
A driver who is seriously injured and cannot provide a specimen at the time of the accident shall provide the necessary authorization for obtaining hospital reports and other documents that would indicate whether there were any controlled substances in his/her system.
Reasonable Suspicion: All safety sensitive employees may be subject to a fitness for duty evaluation, to include appropriate urine and/or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances that are consistent with the long- or short-term effects of substance abuse.
Under Federal Transit Administration regulations, the conduct which leads the City of West Plains to believe there is reasonable cause must be witnessed by at least one member of the City of West Plains management and/or administrative staff, all of whom are trained to detect the signs and symptoms of drug and alcohol use. Documentation of the employee's conduct shall be prepared and signed by the witness within 24 hours of the observed behavior or before the results of the tests are released, whichever is earlier.
In the event the conduct is witnessed by an City of West Plains rider, co‑worker, a director or employee of an agency with whom City of West Plains contracts (ie. a senior center Director), or other non‑management personnel, the supervisor shall investigate the allegations thoroughly and document his or her findings. Under The City of West Plains’ policy, supervisors have the right to request a reasonable cause test if they conclude that the reports were valid. A non-FTA Custody Control Form shall be used for this test; however, the same collection procedures outlined below shall be used.
Random: All City of West Plains employees in safety sensitive positions are part of a statewide consortium consisting of the safety sensitive employees of other transit providers and administered by the Missouri Highway and Transportation Department. Fifty percent of this pool is tested for drug use throughout the year; 10% for alcohol. The names are chosen at random and the tests are conducted throughout the year, unannounced. The consortium shall provide the Personnel Clerk the names of City of West Plains employees who have been selected for random testing each month. Immediately upon receiving the name(s), the Personnel Clerk will notify the selected employee(s)' supervisor who will then notify the employee at some point during the month when they are on duty and make the necessary arrangements to enable the employee to report to the collection site as soon as possible after notification. If the employee is not scheduled to work that month, their name will be put back into the pool and another one selected.
Return to Duty and Follow-up Testing: It is City of West Plains policy that a positive drug test or an alcohol test of .04 or greater shall result in immediate relief of duty. Before any safety sensitive employee is allowed to return to duty that employee must first be evaluated by a substance abuse professional (SAP) and pass a return to duty test for both alcohol and drugs. The employee must have a verified negative drug test or an alcohol test result of less than 0.02 to return to a safety sensitive function.
Once allowed to return to duty,
an employee will be required to undergo a minimum of six unannounced random
urine and breath testing for at least 12 months, but not longer than 60 months,
following return to work with a minimum of six tests to be performed the first
year. The frequency and duration of the follow-up tests beyond the minimum will
be determined by a qualified SAP. Any
employee who refuses or fails to comply with City of West Plains requirements for treatment, after care, or return to
duty shall be subject to disciplinary action, up to and including termination.
Testing Procedures
To undergo testing, the safety sensitive employee or applicant is sent to a collection site approved by City of West Plains to submit a urine specimen and/or undergo a breath test. Alcohol tests can be conducted just before, during or after performing a safety-sensitive function; drug tests can be conducted anytime while on duty. To assure the employee's privacy, the following procedures shall be followed:
Drug testing is done by analyzing a urine sample, which is collected in a private location at the collection site (Under 49 CFR 40.41 Urine Specimens will be collected at an appropriate collection site, which shall meet DOT guidelines established in “procedures for Transportation Workplace Drug and Alcohol Testing Programs”). All collections will be split specimen, a procedure that splits the sample at the time of collection. Collections are sent to New Beginnings Medical Surveillance laboratory who then screens the primary sample. To assure the test results are attributed to the correct employee, each Custody Control Form contains a unique Specimen Identification Number label, which is affixed to the specimen and corresponds with the identification number on the Custody Control Form. The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines and phencyclidine.
Test results are sent by New Beginnings Medical Surveillance to the Medical Review Officer (MRO) who is neither an employee of the City of West Plains or the laboratory (Under 49CFR 40.81 All drug testing shall be performed by a laboratory that has been certified by the Department of Health and Human Services under the National Laboratory Certification Program.) but rather an independent contractor hired by the laboratory for this service. A MRO is a licensed physician with detailed knowledge of substance abuse disorders and drug testing.
If the test is negative, the MRO will notify the City of West Plains in writing. Documentation that a test was taken and the results found negative are placed in the drug and alcohol testing file maintained at the home office.
For those tests that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40, as amended. If the test is positive, the MRO will contact the employee or applicant to determine if the positive reading is the result of prescription medication. (If the MRO is unable to contact the employee or applicant within 24 hours, or the employee or applicant refuses to discuss the test, the MRO will then contact the Personnel Clerk and report to the City of West Plains in writing the findings of the test as positive.) If the employee can document why the substance is being taken and if the MRO finds it is a legitimate medical use, the test may be reported as negative to City of West Plains.
If the test is positive, the employee has the option of requesting a split sample be tested within 72 hours by a second SAMSHA laboratory. This would cost $100 and is paid for by the employee.
In accordance with the City of West Plains policy, an employee who tests positive for drug use will immediately be relieve of duty upon receiving confirmed test results.
When an
employee does not provide a sufficient amount of urine to permit a drug test
(i.e., 45 mL of urine), the collector will urge the employee to drink up to 40
ounces of fluid, distributed reasonably through a period of up to three hours,
or until the individual has provided a sufficient urine specimen. It is not a refusal to test if the employee
declines to drink. (It is a refusal to
test if the employee refuses to make the attempt to provide a new urine
specimen.) If the employee is still
unable to provide sufficient urine specimen, they will be directed to obtain,
within five days, an evaluation from a licensed physician selected by the City
of West Plains and who has expertise in the medical issues raised by the
employee’s inability to provide a sufficient specimen. The cost of this evaluation will be paid for
by the City of West Plains.
Alcohol Testing
No employee shall have used alcohol within four hours prior to reporting for duty. Tests for breath alcohol concentration will be conducted using a National Highway Traffic Safety Administration (NHTSA)-approved testing device operated by a trained breath alcohol technician (BAT). If the reading is less than 0.02, the employee will sign the certification of test results. If the reading is 0.02 or over, a confirmation test must be done after 15 minutes but not more than 20 minutes after the first test. If the confirmation test is different from the first test, the confirmation test is used.
If the test registered between 0.02 and 0.039, the employee shall be suspended immediately for at least 8 hours and must undergo follow-up testing before being allowed to return to work. The follow-up testing will be at the employee's expense. A reading of .04 or greater is considered “positive” and the employee will immediately be relieve of duty.
When an
employee does not provide a sufficient amount of breath for an alcohol test,
the BAT will instruct the employee to make another attempt. It is a refusal to test if the employee
refuses to make the attempt. If the
employee again attempts and is still unable to provide a sufficient amount of
breath, they will be directed to obtain, within five days, an evaluation from a
licensed physician selected by the City of West Plains and who has expertise in the medical issues raised by
the employee’s inability to provide a sufficient amount of breath. The cost of
this evaluation will be paid for by the City of West Plains.
An
Alcohol Fact Sheet outlining the signs and effects of its misuse is attached as
part of this policy.
V. Employee Assistance Program (EAP)
Employees who have an alcohol or drug abuse problem are strongly encouraged to seek substance abuse counseling and may contact their supervisor for referral. The City of West Plains shall advise its employees of the resources available to them for treatment. City of West Plains will not, however, pay for rehabilitation nor is City of West Plains required to hold a job open for an employee undergoing treatment. Any employee that has a confirmed positive drug or alcohol test will be informed of educational and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment. A SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. Employees will be allowed to take accumulated sick leave and vacation leave to participate in a rehabilitation program.
VI. Training and Record Keeping
All employees in safety-sensitive
positions shall undergo a minimum of 60 minutes of training on the signs and
symptoms of drug use including the effects and consequences of drug use on
personal health, safety, and the work environment within the first 90 days of
employment. The City of West Plains management and administrative staff shall
receive 60 minutes of reasonable suspicion on the physical, behavioral, and
performance indicators of probable drug use and 60 minutes of additional
reasonable suspicion training on the physical, behavioral, speech, and
performance indicators of probable alcohol misuse.
The City of West Plains is required to maintain certain records concerning its testing programs and to also submit an annual report to the Federal Transportation Administration regarding testing program activities and results. The employee's privacy shall be protected at all times. All records pertaining to an individual's testing results shall be maintained in a secure location with controlled access at the Home Office. Test results shall be released only under the following circumstances: City of West Plains shall release information regarding an employee's test results to a third party only upon receipt of specific, written instruction by the employee; the City of West Plains may disclose information related to a test result to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee tested; the City of West Plains shall provide any employee with any records relating to his/her test upon written request; the City of West Plains must release information to the National Transportation Safety Board (NTSB) about any post-accident test performed for an accident under NTSB investigation; and the City of West Plains shall make available copies of all results of its testing programs when requested by the Department of Transportation (DOT) or any DOT agency with regulatory authority over the employer or any of its employees.
Collections sites, the Medical Review Officer, substance abuse professionals, the laboratory are also held to strict confidentiality requirements. The laboratory shall release individual test results to the designated MRO. The MRO and the Breath Alcohol Technician shall report individual test results only to the City of West Plains designated drug and alcohol program manager and to the individual who was tested.
Anyone with questions regarding this policy or any other aspect of City of West Plains drug-free and alcohol-free program should contact the Designated Employer Representative:
Program Manager:
Name: Glenda-Ann Hunter
Title: Personnel Clerk
Address: City of West Plains
1910 Holiday Lane – West Plains, MO 65775
Telephone Number: (417) 256-7176
FAX Number: (417) 256-4953
Email Address: personnel@westplains.net
Medical Review Officer:
Name: Dr. James Scott
Address: 935 State Route 28 – Milford, Ohio 45150
Telephone Number: (513) 831-2568
FAX Number: (513) 831-5985
Substance Abuse Professional Contact:
Name: Rhonda Rapinac
Address: New Beginnings Medical Surveillance
1016 Southeast Fifth Terrace – Lee Summitt, MO 64063
Telephone Number: (816) 554-3503
Fax Number: (816) 554-8684
Policy Adoption
signature(s):
________________________________
Mayor Joe Paul Evans
ATTEST:
_________________________
Connie Shelton,
City Clerk
City Council
Approval: _________________________________
Date
Resolution Number: _________________________________