HomeMy WebLinkAboutRes2015-016 Sponsored by: Hunt
CITY OF SEWARD,ALASKA
RESOLUTION 2015-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE REVISED CITY OF SEWARD "ALL
EMPLOYEE" DRUG,ALCOHOL AND MARIJUANA POLICY
WHEREAS, the City of Seward Personnel Regulations may be revised or modified from
time to time based on changing conditions; and
WHEREAS,the City Council approves personnel policies and procedures developed by the
City Manager; and
WHEREAS,the Administration has determined that the attached revised drug,alcohol and
marijuana policy is in the best interest of the City of Seward and its personnel.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD,ALASKA,that
Section 1. The City of Seward's revised"all employee"drug,alcohol and marijuana policy
attached to this resolution is hereby approved.
Section 2. This resolution shall take effect 30 days upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 9th day
of March, 2015.
THE CITY OF SEWARD, ALASKA
0-ealA)
Jean Bardarson, Mayor
AYES: Keil, Terry, Butts, Darling, Bardarson
NOES: Casagranda, Squires
ABSENT: None
ABSTAIN: None
ATTEST:
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City of Seward
"All Employee"
DRUG, ALCOHOL, AND MARIJUANA POLICY
AND PROCEDURES MANUAL
Non-DOT Policy
TABLE OF CONTENTS
Page
SECTION I -INTRODUCTION AND GENERAL INFORMATION 3
A. Drug, Alcohol, and Marijuana Prohibition Policy 3
B. Effective Date of Policy 4
C. Applicability 5
D. Circumstances Under Which Testing May Be Conducted 6
SECTION II -CONSEQUENCES OF VIOLATING POLICY 9
A. General 9
B. Violations and Discipline 9
C. Requirements For Return-To-Duty 10
SECTION III -SAMPLE COLLECTION AND TESTING PROCEDURES 10
A. Collection of Samples 10
B. Testing Procedures 11
C. Review of Drug Testing Results 11
SECTION IV-EMPLOYEE ASSISTANCE PROGRAM (EAP) 12
A. Scope of Program 12
B. Supervisory Training 13
SECTION V-CONFIDENTIALITY OF RESULTS 13
A. General 13
B. Drug Personnel and Services 13
SECTION VI - DEFINITIONS 14
APPENDIX A 16
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DRUG,ALCOHOL,AND MARIJUANA POLICY
SECTION I. INTRODUCTION AND GENERAL INFORMATION
A. Drug,Alcohol, and Marijuana Prohibition Policy
1. Policy. The City of Seward (City) has a long-standing commitment to maintain the highest
standards possible for the health and safety of its employees, customers, clients, and the
public at large. The use of or impairment by drugs, alcohol, and/or marijuana during work
time is contrary to these high standards and will not be tolerated. The City of Seward is
still a drug free work place, despite the legalization of marijuana sales and/or personal
use in Alaska. MARIJUANA IS STILL CONSIDERED AN IMPAIRING SUBSTANCE
(DRUG) UNDER THIS POLICY. Unless otherwise specified within this policy, marijuana is
considered a"controlled substance."
2. Purpose. The purpose of this Drug, Alcohol, and Marijuana Policy("Policy") is to maintain
the highest safety, health, and work performance standards possible, and to reduce work-
related accidents, injuries, and damage which may be caused by drug, alcohol or
marijuana use or impairment. This policy is also intended to ensure the maintenance of
productivity, the quality of products and services, and the security of property.
3. Prohibited Conduct. The following conduct is prohibited and will result in discipline, which
may include dismissal:
a. The unauthorized use, possession, manufacture, distribution or sale of an illegal
drug, controlled substance, or drug paraphernalia on or in City-owned property
(including City-supplied vehicles) or while on City business, or during working
hours.
b. Storing any illegal drug, drug paraphernalia, or any controlled substance whose
use is unauthorized, in or on City-owned or supplied property(including vehicles).
c Reporting to work, working, or acting or appearing on behalf of the City while
under the influence of alcohol and/or marijuana, illegal drugs, or a controlled
substance whose use is unauthorized. However, this policy does not preclude
consuming alcohol at social or business functions where an employee is
representing the City of Seward and where alcohol is served. Even at these
functions, however, employees may not consume alcohol to the point of
intoxication, to the point where they endanger their own safety or the safety of
others, nor may they consume alcohol if they are going to drive. In addition,
employees must always conduct themselves professionally and appropriately
while on.City business.
d. Failing to notify the employee's supervisor before beginning work that the
employee is taking medications or drugs which may interfere with the safe and
effective performance of duties.
e. Refusing to immediately submit to a drug or alcohol test when requested by the
City, in accordance with this policy.
f. Failing to adhere to the requirements of any drug or alcohol treatment or
rehabilitation program in which the employee is participating, either: (1) as a
condition of continued employment; or (2) pursuant to a written agreement
between the City and employee.
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g. Violating any criminal drug law or statute on or off duty.
h. Violating any alcohol and/or marijuana law or statue while working.
Failing to notify the City of any arrest or conviction under any criminal drug,
alcohol or marijuana law or statute by the next work day following the arrest or
conviction.
j. Testing positive for drugs, alcohol, and/or marijuana in violation of this policy.
k. Tampering with, adulterating, altering, substituting or otherwise obstructing any
drug or alcohol testing process required under this policy.
Reporting to work or remaining on duty requiring the performance of a safety
sensitive function while having an alcohol concentration of greater than .041, or if
the employee is otherwise impaired by or under the influence of alcohol and/or
marijuana.
The City has defined "safety sensitive" positions in addition to drivers holding
CDLs to include the following:
(i) All personnel who routinely maintain or operate heavy equipment or
apparatus not otherwise classified as CMVs, and police, fire, and
ambulance apparatus;
(ii) All personnel who come in contact with, or could reasonably be expected
to come in contact with, public safety information regarding confidential
drug and related investigations and operations;
(iii) All personnel whose job responsibilities require them to carry, or be
licensed to carry, a firearm; and
(iv) All personnel whose job responsibilities require them to treat and attend
to injured or ill members of the public.
Safety sensitive positions shall be designated by the City Manager. Positions so
designated include, but are not limited to, the following:
Chief of Police Administrative Assistant(Police)
Police Lieutenant Police Sergeant
Police Corporal Police Officers
Police Dispatch Supervisor Police Dispatchers
Correctional Officer Sergeant Correctional Officers -
Animal Control Officer Animal Control Assistant
Fire Chief Deputy Fire Chief
Fire Department Volunteers Harbormaster
Deputy Harbormaster Harbor Worker III
Harbor Worker II City Manager
Assistant City Manager Personnel Officer(s)
Parks and Recreation Teen and Youth Center personnel driving city
vehicles
Other positions may be designated as deemed appropriately by the City Manager.
m. Consuming or using alcohol and/or marijuana in the work place or while on duty,
or while performing a safety sensitive function.
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January 20'15
n. For employees reporting to work a regularly scheduled shift, within eight hours of
consuming or using alcohol and/or marijuana. On-call employees who are
requested to report to work before or after a regularly scheduled shift to perform a
safety sensitive function and have consumed alcohol and/or marijuana within the
previous eight hours must acknowledge the use and may not report for duty.
B. Effective Date of Policy
1. This policy will become effective on April 8, 2015.
2. Each department head shall post the Policy in a prominent location readily accessible to
all covered employees.
3. A copy of this Policy will be distributed to each employee, who will be required to sign a
statement acknowledging receipt of said Policy and his/her agreement to comply with
same.
C. Applicability
1. Individuals Subject to Drug, Alcohol, and Marijuana Policy: Any prospective employee or
employee of the City. The City reserves the right, within the limits of federal and state
laws, to examine and test for the presence of drugs. Under the conditions of this Policy,
at the sole discretion of the City, applicants or employees may be required to take a
medical examination and/or take a urine, blood or oral fluids test. Testing will be
conducted IAW industry standard processes and procedure, including the use of
Quick/Instant tests. Saliva testing will be administered when required by contract, or for
any other reason the City may deem necessary. Federal Drug Testing procedures will be
utilized to the extent reasonably possible.
2. Substances Tested For and Positive Results. The City shall test for alcohol and the
following drugs based on the following criteria:
Urine Testing Screening and Confirmation Levels
Confirmatory Test
Initial Test Cutoff Confirmatory Test Cutoff
Initial Test Analyte Concentration Analyte Concentration
Marijuana metabolites 50 ng/mL THCA1 15 ng/mL.
Cocaine metabolites 150 ng/mL Benzoylecgonine 100 ng/mL.
Opiate metabolites 2000 ng/mL Codeine 2000 ng/mL.
Codeine/Morphine2 Morphine 2000 ng/mL.
6—Acetylmorphine 10 ng/mL 6—Acetylmorphine 10 ng/mL.
Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL.
Amphetamines3 500 ng/mL Amphetamine 250 ng/mL.
AMP/MAMP4 Methamphetamine5 250 ng/mL.
MDMA 250 ng/mL.
MDMA6 500 ng/mL MDA7 250 ng/mL.
MDEA8 250 ng/mL.
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1 Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA).
2 Morphine is the target analyte for codeine/morphine testing.
3 Either a single initial test kit or multiple initial test kits may be used provided the single test kit
detects each target analyte independently at the specified cutoff.
4 Methamphetamine is the target analyte for amphetamine/methamphetamine testing.
5 To be reported positive for methamphetamine, a specimen must also contain amphetamine at a
concentration equal to or greater than 100 ng/mL.
6 Methylenedioxymethamphetamine (MDMA).
7 Methylenedioxyamphetamine (MDA).
8 Methylenedioxyethylamphetamine (MDEA).
Testing by Evidential Breath Testing Device
Screening - .02-.039 (out of service)
Confirmation - .04 or greater(positive)
* SAMHSA specified threshold
Test results at or above the confirmation level will be considered a positive test.
D. Circumstances Under Which Testing May Be Conducted
The City will test employees for drugs and/or alcohol under the following conditions:
1. Pre-Employment Testing (Drugs Only).
a. Pre-employment drug and alcohol tests of all prospective employees for any
position, and for all promotions/ transfers to safety sensitive positions, will be
conducted. Failure to take and successfully pass the urinalysis drug and an
evidential breath test shall disqualify the employee of employment. A negative
result is required prior to reporting for work.
b. Pre-employment urinalysis, blood, or saliva tests are valid for 30 days and must
be retaken if the individual is not hired within this timeframe.
2. Condition of Employment Testing of Safety-Sensitive and Public Safety Positions. A
negative drug test will be a condition of employment for safety-sensitive and public safety
positions.
a. A non-safety sensitive employee who transfers, is promoted, demoted, rehired, or
is reinstated, to a safety-sensitive position shall be required to complete a
condition of employment drug test.
b. Police and fire department employees who transfer, are promoted, demoted,
rehired, or reinstated to another position are required to complete a condition of
employment drug test.
c. Failure to take and successfully pass the urinalysis drug test shall disqualify the
employee of employment.
3. Post-Accident Testing
a. Persons Subject to Post-Accident Testing.
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January 2015
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Employees involved in an accident or who have contributed to an accident in the
workplace or during work time will be required to undergo drug and/or impairment
testing. Such a test will be conducted as soon as practicable after the accident,
but not later than 32 hours after the accident for drugs and not later than 8 hours
for alcohol. The City will direct the employee to a facility qualified to obtain a
sample from the employee after an accident, as defined below, but any injuries
will be treated first.
Under this Section, an accident is defined as any of the following:
* Loss of human life,
• Issuance of a moving traffic citation under state or local law,
• Medical treatment of an injury to the employee or others, other than first aid,
* Issuance of a moving traffic citation to the employee under state or local law,
involving property or vehicle damage in excess of$2,500.
* Other property damage in excess of$1,000
b. Obligations of Employee Subiect to Post-Accident Testing.
(i) Report the accident to the police, department head and personnel officer
immediately following an accident.
(ii) An employee who is subject to post-accident testing shall not consume
alcohol, drugs and/or marijuana for 8 hours after the accident, or until
s/he has taken a drug and alcohol test, whichever occurs first.
(iii) An employee who is subject to post-accident testing must remain readily
available for such testing and may not take any action to interfere with the
testing or the results of testing.
(iv) An employee who is subject to post-accident testing is immediately
relieved of his/her duties and will be placed on paid administrative leave,
pending results of the required testing or release to work by a certified
medical professional,
Employees who do not comply with the post-accident testing requirements, or who fail or
refuse to provide a sample for testing, will be considered to have refused to submit to
testing and will be subject to appropriate disciplinary action, including termination.
4. Reasonable Suspicion Testing
Any employee whom the City reasonably suspects may be affected by the use of drugs,
alcohol, or marijuana which may adversely affect job performance, safety, or that
constitutes a violation of this policy may be required to submit to a drug and/or alcohol
test. Reasonable suspicion testing is done to identify drug, alcohol, and/or marijuana
affected employees who may pose a danger to themselves or others in their job
performance.
Trained supervisors will make the decision whether there is reasonable suspicion to
believe an employee is impaired by or under the influence of a drug, alcohol, or marijuana
while on duty in violation of this policy.
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January 2015
a. When Reasonable Suspicion Exists
The decision to test must be based on a reasonable and articulable suspicion or
belief that the employee is under the influence of an unauthorized drug, alcohol,
or marijuana. Reasonable suspicion is a belief based on contemporaneous
articulable observations concerning the employee's appearance, behavior,
speech or body odors, or other reliable evidence or information that the employee
is under the influence of or impaired by drugs or alcohol. For example, any of the
following, either alone or in combination, may constitute reasonable suspicion:
(i) Slurred speech;
(ii) Irregular or unusual speech patterns;
(iii) Impaired judgment;
(iv) Alcohol odor on breath;
(v) Uncoordinated walking or movement;
(vi) Unusual or irregular behavior such as inattentiveness, listlessness,
hyperactivity, hostility, or aggressiveness;
(vii) Possession of drugs, alcohol, or marijuana;
(viii) Observation of drug, alcohol, or marijuana use prior to reporting to work
or during working hours.
Reasonable suspicion determinations will only be made by supervisory personnel
who have received training concerning the signs and symptoms of drug, alcohol,
and marijuana use.
The observing supervisor shall document the events and record the behavioral
signs and symptoms that support the reasonable suspicion. If possible, a second
supervisor should also observe the employee to verify that there is a reasonable
basis to believe that a drug, alcohol, or marijuana violation has occurred. -
b. Events After Determination Is Made
When a determination is made that reasonable suspicion exists that an employee
is under the influence of drugs, alcohol, or marijuana in violation of this policy, the
employee shall be immediately relieved of his/her duties, pending further action.
The observing supervisor shall immediately notify the department head or other
appropriate supervisor if reasonable suspicion is found to exist. Upon review, the
department head or other appropriate supervisor may direct or authorize that the
employee in question immediately submit to a drug and/or alcohol test.
c. Reports of Possible Violation by Supervisory Personnel
If a non-supervisory employee has reason to believe that a supervisor subject to
this policy is under the influence of drugs, alcohol, or marijuana at work in
violation of this policy, then s/he shall report such potential violation to the
Personnel Officer who will immediately take appropriate action.
5. Return-to-Duty Testing
An employee who refuses to take or fails a drug test and whose employment is not
terminated may not return-to-duty until s/he is evaluated by the Substance Abuse .
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January 2015
Professional (SAP), passes a drug test, and the Drug Program Manager has determined
that the employee may return to work.
An employee who refuses to take or fails an alcohol test and whose employment is not
terminated may not return to work until the employee is evaluated by a Substance Abuse
Professional and has completed the recommended treatment.
6. Follow-Up Testing
An employee who is referred for assistance related to drug or alcohol misuse may be
subject to unannounced follow-up testing for a period not to exceed 60 months, as
directed by the SAP. The number and frequency of follow-up testing will be determined
by the SAP and the City, but will not be less than six tests in the first 12 months following
the employee's return to duty. Follow-up testing will be conducted immediately prior to,
during or immediately preceding work time for that employee.
SECTION II. CONSEQUENCES OF VIOLATING POLICY
A. General
Compliance with this policy is a condition of employment. Refusal to take a required drug or
alcohol test, a positive drug or alcohol test, or engaging in an activity or behavior which otherwise
violates this Policy shall, at a minimum, result in removal from performing assigned functions.
Additional disciplinary action may follow, including termination.
B. Violations and Discipline
The City may take adverse employment action, up to and including dismissal, based on:
1. A positive drug or alcohol test result;
2. A criminal conviction for a drug offense, on or off duty;
3. A prospective employee or employee's refusal to provide a drug or alcohol testing
sample;
4. An employee's failure to notify the employee's supervisor, before beginning work, that the
employee was taking medications or drugs which might interfere with the safe or effective
performance of duties;
5. Verification of valid current prescription or legal use of such drug is not provided upon
request by the next scheduled work day;
6. Misuse of the prescription or recommended drug; or
7. Otherwise violating the terms and requirements of this policy.
Potential adverse employment action may include one or more of the following:
i. A requirement that the employee enroll in a City-provided or approved rehabilitation,
treatment or counseling program. This program may include additional drug and alcohol
testing. Participation in such a program is a condition of employment. Costs of
participating in such a program will be borne by the employee;
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January 2015
ii. Suspension, with or without pay.
iii. Termination of employment;
iv. In the case of drug testing, refusal to hire the prospective employee; and/or
v. Other or additional adverse employment action, at the election and discretion of the City
C. Requirements For Return-To-Duty
An employee who is not terminated for violating this policy may be given the opportunity to return
to work provided s/he first:
1. Receives a recommended return to work evaluation by a SAP and the Medical Review
Officer;
2. Passes a Return to Work drug and/or alcohol test;
3. Continues to receive negative drug or alcohol test results in follow-up tests after returning
to duty; and
4. Participates in and successfully completes any applicable City approved
evaluation/rehabilitation program.
SECTION III. SAMPLE COLLECTION AND SAMHSA TESTING PROCEDURES
A. Collection of Samples
1. Testing under this policy is a urinalysis (for drugs) and an evidential breath testing device
(for alcohol) administered under approved conditions and procedures conducted for the
sole purpose of detecting drugs or alcohol. Other on-site methods to detect the presence
of alcohol may also be used, including blood/alcohol and saliva tests.
2. The test will be conducted by a City-appointed medical laboratory and paid for by the City.
Sample collection and testing will be performed under reasonable and sanitary
conditions.
3. The collection site shall have all necessary trained personnel, materials, equipment,
facilities, and supervision to provide for the collection, security, temporary storage, and
shipping or transportation of specimens to a certified drug-testing laboratory designated
by the City. An independent medical facility may also be utilized as a collection site.
4. The test will be collected by the Providence Seward Medical Center or a certified medical
laboratory and paid for by the City. The medical laboratory is responsible for the proper
testing and to ensure the proper chain of custody for the test sample collected.
5. All drug test samples will be collected by the split sample collection method. However, if a
split sample is not collected, the single sample will be collected and sent to the laboratory
for testing.
6. The person collecting the drug sample will document the sample, including labeling the
sample to preclude to the extent reasonable the possibility of misidentification of the
person tested in relation to the test result provided.
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7. The person collecting the sample shall provide the person to be tested with an opportunity
to provide medical information that may be relevant to the test, including identifying
current or recently used prescription and nonprescription drugs.
8. Sample collection, storage, and transportation to the testing place shall be performed in a
manner reasonably designed to preclude the possibility of sample contamination,
adulteration or misidentification.
9. An employee designated for testing must provide reliable individual identification to the
person collecting the sample.
10. With the exception of pre-employment drug tests, drug and alcohol tests will normally be
scheduled during, or immediately before or after, the employee's regular work period or
work time. With the exception of pre-employment drug tests, testing under this policy is
considered work time and will be compensated at the employee's normal rate of pay.
11. Sample collection will be performed in a manner which ensures the individual employee's
privacy to the maximum extent consistent with ensuring that the sample is not
contaminated, adulterated, or misidentified.
12. The City will pay the entire actual costs for drug and alcohol testing required of employees
and prospective employees. The City shall also pay reasonable transportation costs to an
employee if the required test is conducted at a location other than the normal work site.
B. Testing Procedures
1. Unless testing is conducted on-site, the City shall use a drug-testing laboratory approved
or certified by the Substance Abuse and Mental Health Services Administration
(SAMHSA).
2. If non-instrumented drug tests are used then the Collector must perform the on-site tests
in the presence of the donor. In on-site testing, an employer may only use products
approved by the Food and Drug Administration for employee testing and shall use the
products in accordance with the manufacturer's instructions. All presumptive positive
tests results must be sent to the SAMSHA Laboratory for confirmation testing before any
employment action can be taken.
3. The laboratory shall permit inspections by the City Personnel Officer.
4. The City may at times use a rapid test kit. If the rapid test is positive, the sample will be
sent to the designated laboratory for confirmation.
5. Positive drug tests will be confirmed by a gas chromatography mass spectrometry. The
City will not rely on a positive drug test unless the confirming drug test results have been
reviewed by a licensed physician or doctor of osteopathy.
6. Alcohol testing will be performed by a breath alcohol technician (BAT). If the result of an
alcohol screening test is an alcohol concentration of.04 or greater, a confirmation test will
be performed. The confirmation test will generally be done within 15, but not more than
30, minutes of the screening test. The results of these tests will be reported directly to the
City.
C. Review of Drug Test Results
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January 2015
1. Medical Review Officer.
The City shall contract the services of a Medical Review Officer (MRO). The MRO shall
be a licensed physician or doctor of osteopathy. The MRO shall review all confirmed
positive drug test results and interview individuals tested positive to verify the laboratory
report. The MRO, in conjunction with the Substance Abuse Professional, may also
evaluate and recommend to the City whether and when an employee who either refuses
to test or tests positive may return to work.
2. Reporting and Review of Results.
a. The MRO shall review confirmed positive test results. This review shall be
performed by the MRO prior to the transmission of results to the City's Personnel
Officer.
b. The MRO shall contact the employee within 48 hours and offer an opportunity to
discuss the confirmed test result.
c. The MRO will inform the employee that s/he has 72 hours to request a re-test of
the split or single sample. A re-test is an analysis of the second split sample
bottle or an aliquot of the original sample. The re-test can be sent to a laboratory
approved or certified by the Substance Abuse and Mental Health Services
Administration. The employee will be responsible for the costs of the re-test and
will be reimbursed by the City only if the sample comes back negative.
3. Legal Drug Use.
If the MRO determines there is a legitimate medical explanation for the positive test
result, the MRO shall report the test as negative. Test results that have been caused by
prescription medication will be reported as negative.
4. Written Test Results.
An employee may obtain a copy of the written test results only upon written request made
within six months of the date of the test. The City will provide the written test results to the
employee pursuant to that request within five working days of its receipt.
5. Explanation of Positive Test by Employee.
An employee who would like an opportunity to explain a positive test result in a
confidential setting must make such a request in writing within 10 working days of being
notified of the test result. An employee who submits such a timely written request will be
•
given the opportunity, within 72 hours after its receipt or before taking adverse
employment action, to explain the positive test in a confidential setting.
SECTION IV. EMPLOYEE ASSISTANCE PROGRAM (EAP)
A. Scope of Program
The Employee Assistance Program will provide education and training on drug and alcohol use to
all employees. The education shall include:
1. Informational material distributed to employees as well as displayed on bulletin boards,
employee break rooms, locker rooms, etc.;
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January 2015
•
2. A community service hot line telephone number for employee assistance displayed on
bulletin boards and distributed to employees; and,
3. Distribution of the City policy regarding the use of prohibited drugs and alcohol to all new
employees. The policy shall be displayed in prominent places throughout the City (i.e.,
employee bulletin board, break room, locker rooms).
B. Supervisor Training
•
Supervisory personnel will receive training regarding the DRUG, ALCOHOL, AND MARIJUANA
POLICY. The training shall include at least 60 minutes of training on the use of controlled
substances, and at least 60 minutes of training on alcohol misuse. This training shall be for all
supervisors who may determine whether an employee will be drug and alcohol tested for
reasonable suspicion.
SECTION V. CONFIDENTIALITY OF RESULTS
A. General
1. All records relating to drug and alcohol testing will be maintained in a confidential medical
file in a secure location with controlled access, separate from personnel files.
2. Any communication received by the City relevant to drug or alcohol test results and
received through the City's testing program is confidential and privileged, and will not be
disclosed by the City except:
a. To the tested employee, prospective employee or another person designated in
writing by the employee or prospective employee;
b. An individual designated by an employer to receive and evaluate test results or
hear the explanation from the employee or prospective employee;
c. As ordered by a court or governmental agency; or
d. In any proceeding initiated by or on behalf of the individual and arising from a
positive test.
B. Drug Personnel and Services
1. SERVICE AGENT(SA)
Beacon/WorkSafe
800 Cordova Street/300 West 36th Avenue
Anchorage, AK 99501
2. MEDICAL REVIEW OFFICER (MRO)
Dr. David Nahin
9501 Northfield Blvd
Denver, CO 80238-3536
907-222-7612
FAX-907-787-2215
3. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
(SAMHSA) LABORATORY
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January 2015
Pathology Associates Medical Laboratory
110 West Cliff Avenue '
Spokane, WA 99220
4. COMPANY DESIGNATED EMPLOYER REPRESENTATIVE (DER)
Personnel Officer
City of Seward
P.O. Box 167
Seward, AK 99664
907-224-4074
4. EMPLOYEE ASSISTANCE PROGRAM—see Appendix A
SECTION VI. DEFINITIONS.
Alcohol means ethanol, isopropanol, or methanol.
Alcohol concentration means the alcohol in a volume of breath expressed in terms of grams of alcohol-
per 210 liters of breath-as indicated by an evidential breath test.
Alcohol Use means the consumption of any beverage or mixture, including any medication or mouthwash
containing alcohol.
Breath Alcohol Technician (BAT) means an individual who operates an EBT and instructs and assists
individuals in the alcohol testing process.
Collection Site Person Is an individual authorized by the City of Seward to collect samples in accordance
with this policy and trained in procedures for such collections. The City of Seward has chosen to follow the
highest industry standards for work place collection, testing, and reporting of test results; therefore, The
City of Seward procedures will attempt to follow, as a guide only, the federal drug testing procedures.
Drug(s) means a substance considered unlawful under AS 11.71 or under federal law, or the metabolite
of the substance.
Drug Testing means testing for evidence of the use of a drug.
Evidential Breath Testing Device (EBT) is a device approved by the National Highway Traffic Safety
Administration (NHTSA) for the evidential testing of breath, and is placed on NHTSA's "Conforming
Products List" (CPL) of evidential breath measurement devices.
. t
Employee Assistance Program (EAP) means a confidential counseling/referral service for employees
and their dependents. EAP is designed to provide assistance to employees and their families to deal with
personal problems which may affect their productivity, health, or continued employment. All counseling,
assessment, and referral services will be provided by qualified, experienced clinicians with special training
in short-term counseling and in assessing and treating substance abuse problems. (See SAP.)
Failing A Drug Test shall mean the test results show positive evidence of the presence of a drug or drug
metabolite in an employee's system in amounts that exceed cutoff levels established by this policy.
Medical Review Officer (MRO) is the licensed physician or doctor of osteopathy who is responsible for
reviewing positive laboratory results generated by The City of Seward testing program.
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January 2015
Prospective Employee means a person who has made application to an employer, whether oral or
written, to become an employee.
Safety Sensitive Position is as defined and,listed in Section I.A.I.
Sample means urine or breath from the person being tested.
Screening Test or Initial Test means an analytic procedure to determine whether an employee may
have a prohibited concentration of drugs or alcohol in a specimen.
Rapid Test means a test designed to provide an instant screened test result.
Refusal to submit means failure to cooperate and provide a drug or alcohol sample, after receiving
notice of the test in accordance with The City of Seward Drug, Alcohol, and Marijuana Policy. A refusal
will be treated the same as a positive test result. A refusal to test for alcohol occurs when a covered
employee fails to provide an adequate breath for testing without a valid medical explanation after receiving
notice of the requirement to be tested in accordance with the provisions of The City of Seward alcohol
misuse provention plan or engages in conduct that clearly obstructs the testing process.
Substance Abuse Professional (SAP) means a licensed physician (medical doctor or doctor of
osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or
addiction counselor ("Certified by the National Association of Alcoholism and Drug Abuse Counselors
Certification Commission or by the International Certification Reciprocity Consortium/Alcohol & Other Drug
Abuse")with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled
substance related disorders.
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Appendix A
Employee Assistance Program
We all have problems from time to time, and usually.we can cope with them on our
own. Sometimes, however, we need outside help. The City of Seward provides all
regular, full-time employees with a Health Care Plan administered by , Meritain Health
Company. The plan offers partial coverage for Alcoholism and Drug Addiction-Inpatient
and Outpatient treatment. Please contact the number listed on the back of your
insurance card for more information. Below is a list of rehabilitation resources that may
help you.
Drug Alcohol Counseling Rehabilitation Resources
Alaska Council on Prevention of Alcohol & Drug Abuse 800-478-7738
Akeela House, Inc. 907-561-5266
Alaska Addiction Rehabilitation Services 800-376-4535
907-376-4534
Alaska Aviation Toxicology 800-478-3783
907-451-3784
Alaska Human Services 907-561-4535
Alaska Youth & Parent Foundation 907-274-6541
Alcoholics Anonymous 907-272-7860
Alcoholism 907-243-1181
907-276-2898
Beacon WorkSafe, Inc. 907-563-8378
Betty Ford Center 800-854-9211
Center for Drug Problems 907-276-6430
Charter North Star Behavioral Health System 907-258-7575
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Genesis House, Inc. 907-243-5130
Lakeside Milam Recovery Centers (Washington) 800-231-4303
Pacific Rim Counseling, Inc. 907-349-0077
Providence Breakthrough 907-562-7325
Residence XII for Women 800-776-5944
Salvation Army 907-243-1181
Seaview Community Services 907-224-5257
Seward Community Health Center 907-224-2273
Seward Providence Medical Center 907-224-5205
Sundown M Ranch (Washington) 509-457-0990
Valley General Hospital Alcohol/Drug Recovery Center 360-794-1405
(Monroe, WA)
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