HomeMy WebLinkAboutRES2023-117 Personnel Drug Policy Sponsored
OF SEWARD, ALASKA by: Sorensen
RESOLUTION 2023-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,ADOPTING PERSONNEL POLICY#2023-07: CITY DRUG AND
ALCOHOL POLICY
WHEREAS, Seward City Code 3.05.015 A.2. states the city council shall adopt all
personnel policies; and
WHEREAS, the city manager request the city council to adopt Personnel Policy #2023-
07; and
WHEREAS, Personnel Policy #2023-07 provide parameters concerning the use of drugs
and alcohol in the workplace; and
WHEREAS, the policy is applicable to all employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA that:
Section 1. The Seward City Council adopts Personnel Policy#2023-07 in its entirety.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 23rd
day of October 2023.
THE CITY OF SEWARD, ALASKA
it-Jk c re
Sue McClure, Mayor
AYES: Crites, Calhoon, Finch, Barnwell, Osenga, McClure
NOES: None
ABSENT: Wells
ABSTAIN: None
%%tururrIS�
ATTEST: ���. OF S E{���.���
.0 i'v"WO ��
• o.
•
Kris Peck : • SEAL •
%City Clerk ti•,•
(City Seal) %% �S j.*;NE :.°;o .'far—
-;EOF'A`1-
City Council Agenda Statement
Meeting Date: October 23, 2023
To: City Council
Through: Kat Sorensen, City Manager
From: Tammy Nickell, Human Resources Manager
Subject: Resolution 2023-117: Adopting Personnel Policy #2023-07: City Drug &
Alcohol Policy
Background and justification:
Seward City Code 3.05.015 A. 2. States the city council shall adopt all personnel policies. The city
manager requests the city council to adopt Personnel Policy #2023-07.
Personnel Policy #2023-07 provides the parameters concerning drug and alcohol use in the
workplace. The policy is applicable to all employees.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan:
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
x Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
x Not applicable
Fund Balance Information
Affected Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking F1 Wat F1 Healthcare
Motor Pool Other
Note:amounts are unaudited
Fund Balance/Net position — restricted $ n/a
83
Fund Balance/Net position — unrestricted/unassigned $ n/a
Available Unrestricted Cash Balance: $
Finance Director Signature: Naneth Ambrosiani — Acting
Attorney Review
x Yes Attorney _
Signature:
Not Comments:
applicable
Administration Recommendation
x Approve Res.
Other:
84
GENERAL ALCOHOL AND DRUG TESTING
1 POLICY
It is the policy of the City of Seward that the unlawful manufacture, distribution, dispensation, use or
possession of any alcoholic substance or drugs, including barbiturates, hallucinogens, marijuana, or
derivatives,cocaine,opium,heroin,or other mind-altering substance,other than prescribed medication
(except as described in Section 4.2), during working hours shall be prohibited.
Additionally, employees shall not take such substances during lunch hours, or shall not report to work
at any time within eight hours of such use of such substances. Employees shall not transport such
substances in vehicles or equipment owned by the City.
2 INDIVIDUALS SUBJECT TO TESTING
2.1 Safety class and Operators. Any person who is a public safety employee, or an employee
who operates a city owned vehicle or equipment within City limits may be subject to
mandatory or random drug and alcohol tests. Holders of Commercial Drivers Licenses
(CDLs) are subject to federal requirements for drug testing whose violation can result in
loss of employment. CDL requirements are in addition to the general drug testing
provisions of this policy.
2.2 All Employees.All City employees are subject to reasonable suspicion testing outlined below.
2.3 Job Applicants. Candidates for certain jobs may require drug testing, as designated by
management, regardless of whether the job applicant is a current City employee. Such
designations are subject to change. It is the responsibility of a job applicant to inquire
whether drug testing is required for that position.
3 PROCEDURES WHEN TESTING MAY BE REQUIRED
In addition to job applicants and random testing for Safety class and operators, as described above, the
city may test under the following circumstances.
3.1 Reasonable Suspicion Testing. If a supervisor, department head, or the City Manager has
reasonable suspicion that an employee is under the influence of alcohol or a prohibited
drug, which suspicion is supported by current and specific information concerning the
employee's behavior, appearance, speech or odor, immediately before, during, or
immediately after the employee has been on duty in any job, the supervisor shall:
(a) immediately stop the employee's work.
(b) complete the Supervisor Reasonable Suspicion Checklist.
(c) inform the employee of the suspicion of alcohol and/or drug use and of the
supervisor's determination that a drug or alcohol test should be administered. (If
practical, the supervisor will arrange for the presence of a second supervisor,other
witness, or police officer during this notification to the employee).
(d) contact the Human Resource Manager to arrange for the employee to be tested; and
87
(e) have the employee transported directly to and from the testing facility and driven
home or, if the test is known to be negative or at management's discretion other
duties can be assigned under the circumstances, returned to the work site after the
test.
If the test results are not immediately known, the employee will be placed on paid
administrative leave until the test results are available.
Supervisors shall complete and file with Human Resources Manager a Reasonable
Suspicion Checklist within 24 hours after the supervisor's initial determination that an
employee appears to be under the influence of alcohol or drugs, or before the results of the
test are released, whichever is earlier.
To ensure the safety of others, any employee who knows or suspects that another employee
is under the influence of drugs or alcohol shall report this suspicion to the observing
employee's supervisor immediately.
3.2 Employees Involved in an Accident While Operating a Motor Vehicle on City Business.
(a) As soon as practicable following an occurrence involving a City-owned vehicle
being driven by a City employee, the driver shall be tested for alcohol if:
(i) the accident involves the loss of human life; or
(ii)the employee driver
(A)receives a citation for a moving violation within 8 hours of the accident;
and
(B)the accident involved (1)bodily injury to any person requiring medical
treatment away from the scene of the accident, or(2)damage to one or more
motor vehicles or property.
(b) As soon as practicable following an occurrence involving a City-owned vehicle
being driven by a City employee, the driver shall be tested for prohibited drugs if:
(i) the accident involves the loss of human life; or
(ii)the employee driver
(A)receives a citation for a moving violation within 8 hours of the accident;
and
(B)the accident involved (1)bodily injury to any person requiring medical
treatment away from the scene of the accident, or(2)damage to one or more
motor vehicles or property.
3.3 Confirmation Testing. All positive drug and alcohol tests shall be verified via approved
confirmation test methods, as required.
4 SUBSTANCES WHICH TESTING MAY BE REQUIRED
4.1 Prohibited Drugs. The manufacture, distribution, dispensation, use or possession of any
drugs, including barbiturates, hallucinogens, "spice" or synthetic cannabinoids, cocaine,
opium, heroin, or other mind altering substance, other than prescribed medication (except
88
as described in Section 4.2), during working hours shall be prohibited. Employees shall not
arrive for work under any degree of impairment from such prohibited substances.
4.2. Prescribed Drugs. Safety-sensitive employees covered under 2.1 above may have additional
limitations on prescription drug use. However, all employees may use prescription drugs
during the workday only as lawfully prescribed, within the safety labels of the drug, and
only within the directions given by their state licensed medical doctor. Prescribed drug use
shall not adversely affect an employee's performance, impair the safety of the employee's
work, or create a perception of impairment among coworkers. Employees are responsible
for understanding the effect of prescription drug use on their work and talking to their
supervisor or manager or taking time off to prevent being under the influence, or the
appearance of being under the influence, during the workday, and may be subject to
discipline for failing to do so. Employees who appear impaired will be subject to the same
provisions across this policy,regardless of whether the impairment was due to prescription
drug use or illicit drug use. Third-party drug testers may return a"negative"result for tests
showing drug use within the bounds of a valid prescription.Regardless of this or of whether
a third-parry drug test has been completed, however, the employer may take steps to
prevent impairment, including but not limited to requiring the prescribing doctor to certify
that the drug use will not impair or make unsafe performance of job duties, or requiring a
confidential accounting of prescription drugs being taken to the Human Resources
Manager or designee.
4.3 Alcohol and Marijuana Products. The use or possession of any alcoholic substance,
marijuana, or THC-containing products during working hours shall be prohibited.
Employees shall not arrive for work under any degree of impairment from alcohol,
marijuana, or THC-containing products.
5 TESTING METHODS AND COLLECTION PROCEDURES
5.1 Drug Testing. Drug tests will be conducted via urinalysis. Samples will be collected, and
testing administered by a third-parry lab according to industry best practices and the
standards of AS 23.10.645. Tests shall be performed under reasonable and sanitary
conditions with the maximum amount of privacy given to the employee. Cutoff levels to
determine a positive test result are defined by the US Department of Health and Human
Services.
5.2 Alcohol Testing. Alcohol tests will be conducted via breath or blood test. Samples will be
collected, and testing administered by either a third-party lab or the City police department.
The Tests shall be performed under reasonable and sanitary conditions with the maximum
amount of privacy given to the employee. Cutoff levels to determine a positive test result
is 0.02 percent blood alcohol by breath or blood test.
5.3 Confirmation Testing. All positive drug and alcohol tests shall be verified via
approved confirmation test methods. Drug testing confirmation shall be by gas
chromatography mass spectrometry. Alcohol testing will use a different analytical process
than was used in the initial screening. For drug testing other than alcohol, a licensed
89
physician or doctor of osteopathy will review the results of any positive drug confirmation test
with the employee within 48 hours of the positive result and include in the review: 1. An
opportunity to discuss the results; 2. Interpret and evaluate the positive results for legal use; 3.
The impact of prescription medication on the results and report; and 4. Any other matter
required by law. The City shall not rely on a positive drug test unless the results of the
confirmatory drug test have been reviewed by a licensed physician or doctor of osteopathy.
5.4 Time of Testing. The City shall normally schedule non-suspicion-based drug tests during or
immediately before or after a regular work period. Testing time shall be considered work
time with the City paying the entire actual costs for the drug tests as well as reasonable
transportation costs if the test is conducted at a location other than the employee's normal
worksite. For pre-employment screenings,the candidate shall be responsible for their own
transportation to and from the screening location.
5.5 Post-Accident Testing Procedure.
1. Nothing in this section shall be construed to require the delay of necessary medical
attention for injured people following an accident or to prohibit a driver from leaving the
scene of an accident for the period necessary to obtain assistance in responding to the
accident, or to obtain necessary emergency medical care.
2. An employee involved in an accident shall not consume alcohol, drugs and/or
marijuana for eight (8) hours after the accident or until the employee has taken a
drug and alcohol test, whichever occurs first.
3. An employee must remain readily available for testing and may not take any
action to interfere with the testing or results of testing
4. An employee will immediately be relieved of the employee's duties and will be
placed on paid administrative leave, pending the results of the required testing or
released to work by a certified medical professional.
5. The results of a test for the use of prohibited drugs or alcohol, conducted by
federal, state or local officials having independent authority for the test, shall be
considered to meet the requirements of this section provided such tests conform to
the applicable Federal, State or local alcohol testing requirements and that the
results of the tests are obtained by the City
6 REFUSAL TO PARTICIPATE IN TESTING
6.1 Refusal to be Tested. The City will treat a refusal to be tested, whether the testing is random,
for pre-employment screening or for reasonable suspicion, as a positive test. Each of the
following constitutes refusal to submit to testing:
(a) Failure to provide adequate breath for testing without a valid medical excuse from
a state-licensed medical doctor.
(b) Failure to provide adequate urine for testing within a reasonable time without a
valid medical explanation from a state-licensed medical doctor.
90
(c) Failure to report on time, or to sign or initial testing documents, as required.
(d) Refusal to be tested.
(e) Leaving the scene of an accident without a valid reason before tests are conducted;
or
(f) Failing to follow the directions or to cooperate with the tester, such that the tester
deems the result positive or does not obtain a sample.
6.2 Consequences of Refusal to be Tested. An employee who refuses to make themselves
available for, or to submit to, or to cooperate and follow the directions given for a drug or
alcohol test mandated or authorized by these policies shall be subject to disciplinary
actions, up to and including dismissal.
7 DISCIPLINARY ACTION RELATED TO DRUG AND ALCOHOL TESTING
7.1 Temporary Adverse Action. An employee who tests positive, refuses to be tested, or
performs an act prohibited under this chapter will be removed from duty immediately. The
employee will be placed on administrative leave with pay pending determination of the
appropriate discipline.
7.2 Permanent Adverse Action. An employee may be subject to any disciplinary action the City
sees fit, including but not limited to, written reprimand, an unsatisfactory or negative
performance evaluation,suspension without pay, demotion,or dismissal. Non-disciplinary
remedial or corrective actions such as reassignment, transfer or change in job duties may
be taken as well.
7.3 Discipline Not Limited by Policy. This policy describes the ideal actions that the City should
strive to take when an employee is to be tested for drugs or alcohol. It is important for
employees to understand that the failure of the City, its managers, employees, or testers,to
follow this policy does not preclude discipline for misconduct, nor does a negative test
result preclude discipline. For instance, an employee who is fails to remain alert, fails to
report for duty, or acts erratically on the job may be subject to discipline for misconduct,
even if a subsequent drug test is negative for prohibited substances, or is positive only for
valid prescription drugs. Likewise, if the City fails to arrange drug testing, the City may
make a disciplinary determination based on the evidence available to management of
misconduct.
7.4 City's Option for Rehabilitation and Retention. The City may choose to work with an
approved Substance Abuse Program to rehabilitate an employee who has tested positive or
otherwise committed one or more acts prohibited by this policy, but the City is under no
obligation to retain the employee, even if the rehabilitation is successful. Determination
whether to retain the employee will depend on the employee's history of conduct and
performance and cooperativeness during the investigation. An employee who participates
in a rehabilitation plan approved by the City Manager may take leave in accordance with
City policy for the purpose of undergoing the approved dependency treatment program.
91
Other than any covered City Employee Assistance Program, no rehabilitation program or
treatment services will be paid for by the City for the purposes outlined in this section.
8 EMPLOYEE RIGHTS
8.1 Right to Records. Records pertaining to an employee's drug and alcohol testing will be made
available to the employee upon written request by the employee. If the written request is
made within six months after the date of the test, the City will provide written test results
within five working days after the request is made.
8.2 Right of Explanation of Positive Test Result. The employee has the right,within 10 working
days of notification of a positive test result, to request an explanation of the test and the
opportunity to explain their test result to the employer in a confidential setting. Such a
request must be made by the employee in writing. The City will provide such an
opportunity, in a confidential setting, within 72 hours of receipt of the written request, or
before taking any adverse employment action after the written request. Within 48 hours of
a confirmatory drug test, an employee has the right to consult with a licensed physician or
doctor of osteopathy pursuant to the Confirmation Testing procedures of Section 5.3 of this
handbook.
9 CONFIDENTIALITY OF TEST RESULTS
9.1 Security of Records All records pertaining to employee and applicant drug and alcohol testing
shall be maintained in a secure location, and access shall be controlled in the same manner
as other confidential personnel records.
9.2 Release of Records. Test results will be shared with the employee (or a person they
authorize/designate in writing).
9.3 Disclosure by the City. The City may disclose information pertaining to an employee that it
is required to maintain under this policy to the decision-makers in a lawsuit, grievance, or
proceeding initiated by or on behalf of the employee. This includes individuals designated
by the City to receive results or hear explanation of the employee concerning results,
courts, and government agencies.
10 Other Provisions
As a condition of employment, all employees must notify their department head of
any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such a conviction. The City will take appropriate
personnel action against employees so convicted within thirty days after receiving
notification and/or require participation in an approved rehabilitation program.
92