HomeMy WebLinkAboutR-94-11RESOLUTION NO. R-94-11
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A POLICY ON A DRUG FREE WORKPLACE;
PROVIDING FOR INCLUSION OF SUCH POLICY IN THE CITY OF
SEBASTIAN'S STANDARD OPERATING PROCEDURES; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION 1. The City of Sebastian Drug Free Workplace and Drug
Testing Policy, attached hereto as Exhibit "A" is hereby adopted.
SECTION 2. The City Clerk is hereby directed to supply a copy
of this policy to the Mayor and members of the City Council and all
Department Heads for inclusion in the Standard Operating Procedures
for the City, under Section 14, Miscellaneous Rules & Benefits,
14.08. The City Clerk shall note the number and date of this
Resolution on said policy.
SECTION 3. Ail Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
SECTION 4. This Resolution shall take effect immediately upon
its adoption.
The foregoing Resolution was moved [or adoption by
Councilmember ~...~'~~ The motion
was seconded by Councilmember ~
and, upon being put to a vote, the vote was as follows:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
U
adopted this day of~Z~A~c~ , 1994.
ATTEST:
Kathryi/ M'. O'Hali0ran, CMC/AAE
Approved as to Form and Content:
~ Attorne
Chalres I~.Nash, C~t~-
CITY OF SEBASTIAN
DRUG TESTING POLICY
OBJECTIVE
The purpose of this policy is to promote a drug and alcohol free workplace.
The following policy outlines the City's procedures concerning drug testing.
Such tests will be in conformance with applicable collective bargaining
agreements and with standards of care concerning chain of custody and
confidentiality.
DEFINITIONS
Alcohol - means ethanol alcohol or any beverage containing more than 1/2 of
1% of alcohol by volume which is capable of use for beverage purposes, either
alone or diluted.
Alcohol Testing - means testing for blood alcohol content by a breathalyzer
instrument device or drawing or collecting a blood or whole blood sample and
laboratory analysis therein.
Chain of Custody - refers to the methodology of tracking specified materials
or substances for the purpose of maintaining control and accountability from
initial collection to final disposition for all such materials or substances
and providing for accountability at each stage in handling, testing, storing
specimens, and reporting of test results.
Drug - means alcohol, including a distilled spirit, wine, a malt beverage or
an intoxicating liquor, an amphetamine, a cannabinoid, cocaine, phencyclidine
(PCP), a hallucinogen, methaqualone, an opiate, a barbiturate, a
benzodiazepine, a synthetic narcotic, a designer drug, or a metabolite of any
of the substances listed in this paragraph. An employer may test an
individual for any or all of such drugs.
Employee - means any person who is compensated through the City payroll for
services.
Initial Drug Test - means collection of a urine specimen by medical personnel
and a laboratory analysis of that specimen by a sensitive, rapid, and
reliable immunoassay procedure to identify negative and presumptive positive
specimens.
Confirmation Test - means a second analytical procedure used to identify the
presence of a specific drug or metabolite in a specimen. The confirmation
test must be different in scientific principle from that of the initial test
procedure.
Job Applicant - means a person who has applied for a position within the City
and has been offered employment conditioned upon successfully passing a drug
test, and may have begun work pending the results of the drug test.
Reasonable Suspicion - means belief that an employee is using or has used
drugs in violation of this policy drawn from specific objective and
articulable facts and reasonable inferences drawn from those facts in light
of experience. Reasonable suspicion drug testing shall not be required
except upon the recommendation of a supervisor or as outlined in the
applicable collective bargaining agreement. If the absence of a collective
bargaining agreement at least one level of supervision higher than the
immediate supervisor must also base his/her conclusion on:
Observable phenomena while at work, such as direct observation of drug
use or of the physical symptoms or manifestations of being under the
influence of a drug.
Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance.
A report of drug use, provided by a reliable and credible source.
Evidence that an individual has tampered with a drug test during his
employment with the City.
Information that an employee has caused, or contributed to, or been
involved in an accident while at work.
Evidence that an employee has used, possessed, sold, solicited or
transferred drugs while working or while on the City's premises or while
operating the City's vehicles, machinery, or equipment.
APPLICANT PROCEDURES AND NOTIFICATION
Job vacancy announcements shall include a notice of drug testing for all
positions. A notice of the City's drug testing policy will be posted in an
appropriate and conspicuous location.
Applicants will be notified that if hired, they will be required to submit
to an alcohol or other drug testing and as employees, based upon reasonable
suspicion as defined in this section of the policy or the appropriate
collective bargaining agreement.
Refusal of applicants to submit to alcohol or drug testing as a component of
the application process will bar the applicant from employment with the City.
An applicant whose test results are positive will be rejected for employment
for a period of one year.
2
PROCEDURES FOR TESTING EMPLOYEES
A supervisor who has reasonable suspicion to question whether an employee has
ingested, inhaled or injected a drug or has ingested an alcoholic beverage
prior to reporting for, or while on duty shall:
-Notify a supervisor in his/her chain of command to request a personal
observation and review of specific objective instances of the
employee's conduct to confirm that reasonable suspicion exists. The
employee may not be subject to testing without the confirmation of
reasonable suspicion by a supervisor.
-Prohibit the employee from continuing to work;-Transport the employee to a designated site for testing. After
testing, arrange for safe transportation to the employee's residence or
a place selected by a relative or friend of the employee;
-Prepare appropriate documentation and take appropriate disciplinary
action;
-Encourage the employee to voluntarily consult with a Preferred Provider
Organization (PPO) or employee assistance program for counseling, if
facts and circumstances warrant.
Employees who experience work-related or personal problems resulting from
drug, narcotic, or alcohol abuse or dependency may request, or be required to
seek, counseling help. Such counseling is confidential and will not have any
influence on performance appraisals. Job performance alone, not the fact
that an employee is or has been in counseling, is to be the basis of all
performance appraisals.
Supervisors are prohibited from demanding or encouraging alcohol or other
drug testing without reasonable suspicion. Willful disclosure of test
results to persons not involved in the disciplinary procedure may merit
appropriate disciplinary and legal action for improper disclosure.
The Personnel Department will provide employees, upon request, with a list of
names, addresses and phone numbers of employee assistance programs and local
alcohol and drug rehabilitation programs.
Employees who are abusing drugs or alcohol may be granted a leave of absence
to undertake rehabilitation treatment. Employees will not be allowed to
return to work until certification is presented to the Personnel Department
that the employee is capable of forming his/her job. Failure to cooperate
with an agreed upon treatment plan may result in discipline, up to and
including termination.
CONSEQUENCES OF REFUSING TO TAKE DRUG TEST
Refusal by an employee to submit to alcohol or drug testing upon reasonable
suspicion will result in discipline, up to and including termination, in
accordance with the appropriate collective bargaining agreement and this
policy.
DRUG TESTING PROCEDURES
Ail drug testing of employees and apPlicants shall be conducted at
medical facilities or laboratories certified by the U. S. Department of
Health and Human Services (HHS) or licensed by the Florida Agency for
Health Care Administration.
Chain of Custody procedures shall be consistent with HHS guidelines to -
maintain the integrity of each urine specimen by tracking its handling
and storage from point of specimen collection to final disposition.
If an employee or applicant is taking a medical prescription, the
employee or applicant must furnish a medical statement from a physician
specifying the drug being taken or the physical proof of the
prescription.
If this statement is submitted in advance of the drug test, positive test
results may not be cause for rejection. The following is a list of some of
the more common over the counter medications which may affect test results:
Antihistamine (Bromfed, Dimetane, Dimetapp, Drixoral, Dramine, Benadryl,
Nyquil, Tylenol Nighttime Cold Medicine, Alka-Selzer Plus, Contact, SinuTab,
Sine-off, Vicks Formula 44, Sudafed Plus, Tylenol Allergy Sinus, Tylenol Cold
Medication, Actifed,*)
Cough Suppressant (Benylin DM Cough Formula, Comtrex, Contact Cough Formula,
Medi-Flue, Naldecon DX, Novehistine, Nyquil, Robitussin, Sucret Cough
Control, Tylenol Cold Medication, Vicks Formula 44,*)
Decongestant - Primatene, Bronkaid, Bronkolixir, Acutrim, Allerest, Contact,
Dexatrim, Dimetab, Robitussin-CF, Triaminic-DM, Actifed, Allerest, Benadryl,
Plus, Nyquil, Robitussin-PE, Sudafed Plus, Tylenol Cold & Flu, Vicks Formula
44-D and 44M, Chlor-Trimetron Decongestant, Sinutab Maximum Strength,*)
(*AMA guide to Prescription and Over-the Counter Drugs)
The specimen collector shall elicit and record from the employee or
applicant all over-the-counter medicines recently taken, or being taken,
at the time of the drug test.
Positive test results showing prohibited drug or drug metabolite shall
not be cause for rejection where there is a legitimate medical
explanation for the result as determined by the physician.
One (1) specimen shall be collected sufficient for two (2) drug tests as
determined by the Department of Health and Rehabilitative Services:
Initial Drug Test: If negative, reported negative· If positive, a
confirmation test shall be conducted.
Confirmation test: If negative, report negative,
positive with Quantitative value.
If positive, reported
If the results of the tests are positive, appropriate action shall be
imposed after the following procedure has been followed:
Within five (5) working days after receipt of a positive confirmed test
result, the Personnel Director shall notify the employee or job applicant in
writing of such positive test result, the consequences of such results, and
the options available to the employee or job applicant.
Upon request, the Personnel Director shall provide a copy of the test results
to the employee or job applicant.
Within five (5) working days after receiving notice of a positive confirmed
test result, the employee or job applicant may submit information to the
Personnel Director explaining or contesting the test results, and why the
results do not constitute a violation of the City's policies.
Every specimen that produces a positive, confirmed test result shall be
preserved by the licensed or certified laboratory that conducted the
confirmation test for at least 210 days from the date the results were
confirmed.
If an employee or job applicant undertakes an administrative or legal
challenge to the test result, the employee or job applicant must notify the
laboratory and the sample shall be retained by the laboratory until the case
or administrative appeal is settled.
STANDARD FOR DRUG/ALCOHOL TESTING
When drug screening is required under the provisions of this policy, the
following standards, or the most current established NIDA standard, shall be
used to determine what levels of detected substances shall be considered as
positive. The City's drug screening looks at eight (8) drugs:
Initial: Detection Limits
Amphetamines
Barbiturates
Benzodiazepines
Cannabinoids (THC, Marijuana)
Cocaine
Methaqualone (Quaaludes)
Opiates
Phencyclidine (PCP, Angel Dust)
1000 ng/ml
300
300
100
300
300
300
25
when alcohol screening is required under the provisions of this policy, the
standard which shall be used to determine what level of alcohol shall be
considered as positive shall be: 0.05% or more by weight of alcohol in the
person's blood. The percent by weight of alcohol in the blood shall be based
upon grams of alcohol per 100 milliliters of blood.
CONSENT TO DRUG TESTIN~
Before an alcohol or other drug test is administered, employees or job
applicants shall be asked to sign a consent form authorizing the test and
permitting release of test results to the City Personnel Director. The
consent form shall provide space for employees and applicants to acknowledge
that they have read and understand this drug testing policy.
CONFIDENTIALITY
Ail information relating to the alcohol or drug test is confidential.
Disclosure of test results to any other agency or organization is prohibited
unless written authorization is obtained from the applicant/employee, or the
records become the subject of an administrative or judicial proceeding.
SUPERVISORY TRAINING
Ail supervisory staff will be trained to:
1. Identify basic categories of alcohol and drug abuse and their effects;
2. Understand and intervene in instances of reasonable suspicion;
3. Understand the methods of City alcohol and drug testing procedures;
5. Effectively and appropriately document cases of reasonable suspicion;
6. Deal with performance and safety issues as relates to alcohol and drug
abuse situations.
REHABILITATION
Any employee who voluntarily comes forth and requests assistance will be
encouraged to obtain assistance through the City's health insurance program.
Employees can also avail themselves of any assistance programs or
rehabilitation programs as outlined in a list provided by the Personnel
Department upon request.
Employees will be afforded one (1) opportunity to successfully complete a
rehabilitation program under the City's health insurance program. Any
subsequent alcohol and drug testing that reveals a positive result will
culminate in immediate dismissal action.
Employees may be drug or alcohol tested if, during the course of employment,
enters an employee assistance program for drug/alcohol related problems, or
an alcohol and drug rehabilitation program. Such tests may be performed on
a quarterly basis for up to two (2) years thereafter.
RESPONSIBILITIES
The Personnel Department is responsible for notifying employees, supervisors
and applicants of the City's alcohol and drug policy.
The Personnel Department is responsible for maintaining all alcohol and drug
testing results.
The Personnel Department is responsible for providing technical assistance to
all management and employees.
The Personnel Department is responsible for providing employees, upon
request, with a list of names, addresses and telephone numbers of employee
assistance programs and local alcohol and drug rehabilitation programs.
Supervisors and Department Heads are responsible for documenting poor
performance, for recognizing reasonable suspicion of alcohol or drug use by
employees, and for carrying out the procedures in this policy.
Ail employees are responsible for reporting to work free from the effects of
alcohol and drug abuse.
Ail employees are responsible for maintaining a drug free work place
environment.
EMPLOYEE ASSISTANCE PROGRAMS AND LOCAL ALCOHOL AND DRUG REHAB PROGRAMS
A New Beginnings Program
Indian River Memorial Hospital
1000 36th Street
Vero Beach, Fl. 32960
407-562-9206
Life Works
2183 Ponce De Leon Circle
Vero Beach, FL
407-770-9070
Alpha Health Services
Raymond M. DeCastro, M.D.
1025 Orange Avenue
Fort Pierce, FL.
407-595-9495
New Horizons of the Treasure Coast
2300 3rd Court
Fort Pierce, FL
407-778-7217
Center for Counseling &
Addictions Recovery
1031 18th Street
vero Beach, FL
407-567-4254
Palm Beach Institute
1014 N. Olive Avenue
West Palm Beach
1-800-433-5098
Family Center of Vero Beach
1845 14th Avenue
Vero Beach, FL 32960
407-778-5523
Forbes-Wolfe, Gwen, MS. LMHC
3975 20th Street
Vero Beach
407-569-3100
Glenbeigh Health Sources
4700 N. Congress Avenue
West Palm Beach, FL
407-848-5500
Harbour Shores Hospital
1860 Lawnwood
Fort Pierce, FL
1-800-433-2673
Heritage Addictions
Treatment Center
2000 Commerce Drive
Melbourne, FL
1-800-782-1033
Indian River County
Drug Hotline
4055 41st Avenue
Vero Beach, FL
407-778-0000
Sandypines Private Psychiatric
Hospital - Just for Kids
11301 SE Tequesta Terrace
Tequesta, FL
1-800-525-0211
Savannas Hospital
2550 SE Walton Road
Port St. Lucie, FL
1-800-486-3006
Total Lifestyle Center
777 37th Street
Vero Beach, FL
407-567-6340
Twin Rivers Treatment Center
400 E. Sheridan Road
Melbourne, FL
407-722-5267
Narcotics Anonymous
Sebastian
589-4520
AA Alcoholics Anonymous
855 21st Street
407-562-1114
8
INTER-OFFICE MEMORANDUM
TO: ALL EMPLOYEES DATE:
AND APPLICANTS
FROM: KATHRYN O'HALLORAN RE:
ACTING CITY MANAGER
FEBRUARY 4, 1994
DRUG FREE WORKPLACE
It is the policy of the City of Sebastian to maintain a work place
that is free from the effects of drug and alcohol abuse. This
policy is written in furtherance of both the Federal and State
Drug-Free Workplace Acts, and the Drug-free workplace program
requirements under Workers' Compensation, section 440.101 and
440.102
COMMENT
The City will not hire alcoholics or drug abusers whose current use
of such substances prevents them from performing their jobs or who
would constitute a direct threat to the property or safety of
others. Whenever applicants for employment are tested for the
presence of such substances, they are informed of the test in
advance. If an applicant does not want to take this drug test,
he/she can withdraw his/her application.
Employees are prohibited from the use, sale, dispensing,
distribution, possession, or manufacture of illegal drugs and
narcotics or alcoholic beverages on City premises or work sites.
In addition, employees are prohibited from the off-premises use of
alcohol and possession, use or sale of illegal drugs when such
activities adversely affect job performance, job safety, or the
City's reputation in the community. Employees will be subject to
disciplinary action, including and up to termination, for violation
of this policy.
Employees may be required to take a test at any time as outlined in
the applicable collective bargaining agreement or in the City's
Standard Operating Procedures.
Ail information relating to an alcohol or drug test is confidential
unless written authorization is obtained from the applicant or
employee, or the records become the subject of an administrative or
judicial proceeding. A list of employee assistance programs and
local alcohol and drug rehabilitation programs may be obtained from
the Personnel office.
PAGE TWO
DRUG-FREE
During the testing procedure employees/applicants will have an
opportunity to report, to the specimen collector, his/her use of
prescription or non-prescription medications. The current drug
screening test looks at eight drugs: Amphetamines; barbiturates;
benzodiazepines, cannabinoids, cocaine, methaqualone, opiates, and
phencyclidine. One specimen shall be collected to be used for two
(2) drug tests. The initial drug test undergoes an analysis by a
sensitive, rapid and reliable immunoassay procedure; the
confirmation test uses a second analytical procedure which must be
different in scientific principle from the first test. If the
results of the second test come back positive, the
applicant/employee must notify the laboratory if they intend to
file any administrative or civil action as a result of the drug
test results. Applicants/employees also have the right to consult
with the testing laboratory for technical information regarding
prescription and non-prescription medication that may affect the
results of the tests.
For additional information on the City's policy on Drug and Alcohol
Testing, please refer to the Standard Operating Procedures, Section
20, which outlines the policy in more detail.
The Drug-free Workplace Act requires employers to provide each
employee and applicants with a copy of this policy. Therefore, I
am asking that all employees sign both copies and return one copy
to the Personnel Department no later than May 21, 1993.
Thank you for your cooperation in this matter. With your help and
assistance the City of Sebastian will continue to be a safe and
drug free work place.
Receipt Acknowledged:
Employee Signature
Date