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Council Agenda Statement <br /> Meeting Date: December 14, 2009a°F se <br /> From: Phillip Oates, City Manage �,�- <br /> � P <br /> Agenda Item: Revised City Employee Drug Alcohol Policies <br /> BACKGROUND & JUSTIFICATION: <br /> The current City of Seward Commercial Driver's License (CDL) policy was modified in 1997. <br /> Based on changing conditions, a thorough review of the City of Seward's drug and alcohol policy <br /> was conducted. A new CDL policy has been drafted, as well as an "All Employee" drug and <br /> alcohol policy. The City of Seward has two drug and alcohol policies for the following reasons; <br /> the City is mandated under the 49 Code of Federal Regulations (CFR) to have drug testing for all <br /> employees whose employment require a Commercial Driver's License (CDL). This regulation <br /> requires random drug and alcohol testing of all CDL drivers. The City of Seward also requires an <br /> "All Employee" drug and alcohol policy to enforce the commitment to a drug free work <br /> environment. <br /> The most notable change to the CDL policy is the adoption of the State of Alaska DOT <br /> employee's prohibited conduct and disciplinary consequences for controlled substances and <br /> alcohol. The City of Seward is taking a strong stance on prohibiting inappropriate conduct. By <br /> adopting the state's consequences, we will send a strong message to employees, and the <br /> community, that the City does not tolerate the illegal use or possession of alcohol or drugs. <br /> The "All Employee" policy includes drug testing of all new or returning employees prior to <br /> reporting for work. A negative drug test will also he a condition of employment for safety - <br /> sensitive and public safety positions. <br /> Random drug testing for all employees is not legally enforceable. The City of Seward is a <br /> municipality and does not have the same rights as a public employer in regards to random testing. <br /> The City would be violating an employee's right to privacy if random testing was required of all <br /> City employees. <br /> One last noticeable change to the policies is that guidelines have been established for post accident <br /> testing. The City does not want to discourage reporting of accidents. Therefore the following <br /> guideline have been established when drug and alcohol testing will be required after an accident. <br /> • Loss of human life or injury to self or others beyond first aid <br /> • Issuance of a moving traffic citation involving injury beyond first aid <br /> • Issuance of a moving traffic citation involving property or vehicle damage in <br /> excess of $1,000 <br />