Resolution No. 82171
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RESOLUTION NO. 8217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND ADOPTING AN AMENDMENT TO THE
CITY OF VERNON DRUG & ALCOHOL TESTING POLICY FOR
EMPLOYEES SUBJECT TO DEPARTMENT OF TRANSPORTATION
TESTING REGULATIONS
WHEREAS, on January 23, 1996, the City Council of the City of
Vernon adopted Resolution No. 6732 approving a City of Vernon Drug &
Alcohol Testing Policy for Employees Subject to Department of
Transportation Testing Regulations (the "Policy"); and
WHEREAS, the Department of Housing and Community Development
has directed the City of Vernon to revise its Policy to comply with the
Drug -Free Workplace Act of 1990 (Government Code Sections 8350 et seq.)
by including reference to the word "manufacture" in Section 5.0,
Subsection B of the Policy; and
WHEREAS, the City Council of the City of Vernon desires to
revise page 5 of the Policy to comply with State laws and regulations;
and
WHEREAS, by letter dated June 11, 2003, Bruce V. Malkenhorst,
City Administrator/City Clerk, has recommended that Section 5.0 B of
the Policy be amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
(CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and adopts the amended page 5 of the Policy, a copy of which
is attached hereto as Exhibit "A" and made a part hereof.
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SECTION 3: In all other respects, the City's Policy shall
remain in full force and effect.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 18th day of June, 2003.
ATTES
BRUCE V. MALKENHORST, City Clerk
, mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8217, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, June 18,
2003, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
,ice✓o��
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
FAA
EXHIBIT "A"
Office.
5.0 POLICY:
A. Pre -Employment Screening.
All applicants accepted for employment in positions covered by
this policy shall be informed that a pre -placement physical assessment is
mandatory, that an initial drug and alcohol screening will be conducted
during that examination and that a positive result could disqualify the
applicant.
B. On the Job Use, Possession, Distribution, Sale or Manufacture
of Drugs and/or Alcohol.
No employee shall report to work while under the influence of
drugs and/or alcohol, possess- or utilize such substances while on
assigned duty or subject to scheduled City duty, sell, manufacture or
furnish drugs or alcohol to any other person, or have their ability to
work impaired as a result of the use of alcohol and/or drugs.
C. Use of Prescribed Drugs and Over -The -Counter Medications -
Notification to Supervisor.
The use of prescribed drugs and over-the-counter medications
which have been legally obtained and are being used for the purpose for
which they were prescribed or manufactured are not per se a violation of
this policy. Nevertheless, when taking such drugs or medications which
may interfere with the safe and effective performance of duties or
operation of City equipment, City employees must notify their supervisor
of the need for such consumption before beginning work on that date.
Rev. 6/18/03 -5-
SUPPORTING
DOCUMENTS
T z
' CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities J
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
June 11, 2003 �01\
In accordance with the requirements of the Department of Housing and
Community Development it is necessary that the City amend its existing
Drug and Alcohol Testing policy (Section 5.0 B) to include the word
"manufacture" and should read as follows:
No employee shall report to work while under the
influence of drugs and/or alcohol, possess or
utilize such substances while on assigned duty
or subject to scheduled city duty, sell,
manufacture or furnish drugs or alcohol to any
other person, or have their ability to work
impaired as a result of the use of alcohol
and/or drugs.
It is hereby recommended that said policy be amended to reflect the
above change to Section 5.0.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
T1.
CITY ADMINISTRATOR/CITY CLERK'S
INTER -OFFICE MEMORANDUM
DATE: June 23, 2003
TO: Kevin Wilson, Director of Community Services and Water
Kenneth J. DeDario, Director of Utilities
Steven E. Parker, Fire Chief
Bruce W. Olson, Chief of Police
Lewis Pozzebon, Director of Environmental Health
FROM: Gloria J. Oros
Chief Deputy City Clerk
RE: Resolution No. 8217 - Amendment to the Drug & Alcohol
Testing Policy
Transmitted herewith is a copy of the aforementioned resolution,
amending the City of Vernon Drug & Alcohol Testing Policy Section 5.0,
approved on June 18, 2003.
&,a
CC: Greg Tsujiuchi
Martha Valenzuela
Sharon Johnson
Joan Francone
John Salomon
MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Joan Francone, Risk Manager/Personnel Assistant
DATE: June 2, 2003
SUBJECT: City of Vernon Drug & Alcohol Testing Policy
In accordance with compliance requirements of the Department of Housing and
Community Development, the City must include the word "manufacture" in it's policy at
Section 5.0 B.
Section 5.0 B should read as follows:
5.0 Policy
B. On the Job Use, Possession, Distribution, Sale or Manufacture of Drugs
and/or Alcohol.
No employee shall report to work while under the influence of drugs
and/or alcohol, possess or utilize such substances while on assigned duty
or subject to scheduled city duty, sell, manufacture or furnish drugs or
alcohol to any other person, or have their ability to work impaired as a
result of the use of alcohol and/or drugs.
Please contact me if further explanation is required.
JF/cc
Enclosure
cc: Eduardo Olivo, City Attorney
Chris Romero, Administrative Aide (without enclosure)
r
ernon
,gG=471
... Attachment A
Compliance Requirements —State Laws and Regulations
Page 1 - of 2
1. DruFree Workplace Certification
. r.
By signing this agreement, the Grantee hereby certifies under penalty of perjury under the
laws of the State of California that the Grantee will comply with the requirements of the
Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will
provide a drug -flee workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations, as required by
Government Code Section 8355 (a).
b. Establish a Drug -Free Awareness Program as required by Government Code
Section 8355 (b) to inform employees about all of the following:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug -free workplace;
3) any available counseling, rehabilitation and employee assistance
prey''
4) penalties that may be imposed upon employees for drug abuse violations.
•
C. Provide, as required by Government Code Section 8355 (c), that every employee
who performs grant activities under this agreement:
1) will receive a copy of the company's drug -free Policy statement; and
2) will agree to abide by the terms of the company's statement as a condition
of employment on this agreement.
Failure to comply with these requirements may result in suspension of payments under
this agreement or termination of the agreement or both, and the Grantee may be ineligible
for award of any future state agreements if the State determines that any of the following
has occurred: the Grantee (1) has made false certification, or (2) violates the certification
by failing to carry out the requirements as noted above.
2. Nondiscrimination Clause
a. During the performance of this agreement, the Grantee and its contractors and
subcontractors shall not unlawfully discriminate, harass or allow harassment,
against any employee or applicant for employment because offss din�HIV rand
ancestry, religious creed, national origin, physical disability (� g
AIDS), medical condition (cancer), age, marital status, denial of family and
medical care leave and denial of pregnancy disability leave. The Grantee and its
contractors and subcontractors shall insure that the evaluation and treatment of
their employees and applicants for employment are flee from such discrimination
and harassment.
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Division of Cam u * Affaks
Comm- , . 9* Block Grant
1800 Thad S>reet
P.O. Box 95M. MS 390-2
Sacra yww, CA 94252-2 54
Telephone; (916) 263-0471
Fax R16) 263-04W
ftx
TO: Chds Romero Fmm GMAe Pitt
Fam (323) 826-1438 pagew
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RW Mankorirtg cc:
E3 Uts"A For ReNliew 13 lPtee" CMUNe d x Please Reply 11 Pismo Recycle
A sample of a Find FAR is aitadied w9h revised rim bers under the Business Assbftnoe category. The
CKy cart draft a Return of Funds letter using the sample 1 sent on the 2& of May. Send the warrant to
the address listed on the sample. The amount of fir,& in be returned under grant 96-EDBG-471 is
SM,758.14.
PI er_ Fee r • !� • •. r• �• • s r • r• • �:c• • r
• • -r 1 iK r _ -i i• t - r• • i� r • • • 1 iK
The total amount of Program ktcome iu be retuned is $233M2.25 as of 3f311n3. From this point on, al
revenue w=Me can be ret anted on a graterly basis as you file ya x reports. The nod inswment wM
be from the period of 4111W ftmVh ralUb3. I suggest that you ease the Ndurn of Funds letter for the
Program Income payments.
I located the Annual GM for FY 97-98, so cross ttrat off your Io do iisst". The mihf item that 1 am wading
for is YOUr mvised &Q free rvOW4)Iaw policy wtth the reference to'lmanufactEW. I need to dose out this
grant and am ready to wnrte my UM-4 mon wing letter. I can give you till Friday, 6113 to supply the
revised Policy otherwise t will caq It out as frxW. In addillm ym letter will include fnd'angs under the
Citme n ParticiPalion area for the public hearing notice and minutes of tine meeistg for Ube 97-98 GPP,1
have the rq)oct but nothing else. The area with a finding is the Reporting section, the Economic
Development Report which w� 9. adadsng a copy of a bbi* report. nt wlil take
some research to fe out but I option. Find submission for PI reports, FAR's.
EDR and worth certification is 611
Please call or email me i you ham ar
ques
gant
62,,
and tinar* you for your assistance in closing out fire
CITY OF VERNON
DRUG & ALCOHOL TESTING POLICY
FOR EMPLOYEES SUBJECT TO DEPARTMENT
OF TRANSPORTATION TESTING REGULATIONS
Y
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1.0 POLICY OBJECTIVE:
The City of Vernon ("the City") generally maintains a policy
of not tolerating any drug or alcohol use by any City employee.
The Department of Transportation ("DOT") has promulgated alcohol
and drug regulations (40 CFR Part 382) which are designed to help
prevent accidents and injuries resulting from the misuse of alcohol
or use of controlled substances, and which are made applicable to
every person who operates a commercial motor vehicle in interstate
or intrastate commerce, and is subject to commercial driver's
license requirements. This policy is intended to satisfy the
City's obligations under the DOT regulations. The policy should in
no way be construed as prohibiting the City from applying other
drug -testing procedures to all of its employees to the extent
allowed by law.
All persons covered by this policy should be aware that
violations of the policy may result in discipline, up to and
including termination, or in not being hired. Nevertheless, the
policy is not intended by the City in anyway to affect the rights
of the City and its employees pursuant to their at -will employment
relationship.
2.0 APPLICABILITY:
All employees who operate commercial motor vehicles and who
are subject to the commercial driver's license requirements.
Pursuant to Vehicle Code § 34520(e), this policy also applies to
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the City's firefighters.
3.0 DEFINITIONS.
"Alcohol" means the intoxicating agent in beverage
alcohol, ethyl alcohol, or other low molecular weight alcohols,
including methyl and isopropyl alcohol.
"Alcohol use" means the consumption of any beverage,
mixture, or preparation, including any medication, containing
alcohol.
"Chain of custody" means procedures to account for
the integrity of each urine or blood specimen by tracking its
handling or storage from point of specimen collection to final
disposition of the specimen.
"Commercial motor vehicle" means a motor vehicle or
combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle -
(1) Has a gross combination weight rating of 26,001 or
more pounds inclusive of a towed unit with a gross
vehicle weight rating of more than 10,000 pounds;`
or,
(2) Has a gross vehicle weight rating of 26,001 or more
pounds; or,
(3) Is designed to transport 16 or more passengers,
including the driver; or,
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(4) Is of any size and is used in the transportation of
materials found to be hazardous for the purposes of
the Hazardous Materials Transportation Act in which
require the motor vehicle to be placarded under the
Hazardous Materials Regulations (49CFR Part 172,
subpart F).
"Current use of drugs" means that the illegal drug
use occurred recently enough to indicate that the individual is
still actively engaged in this conduct.
"Driver" means any City employee whose job duties
require the operation of a commercial motor vehicle and is subject
to commercial driver's license requirements. This includes, but is
not limited to: full time, regularly employed drivers and casual,
intermittent or occasional drivers. For the purposes of pre-
employment/pre-duty testing only.. the term "driver" includes a
person applying to the City to drive a City -owned vehicle, or whose
job description would require the ability to drive a vehicle.
"Illegal drug" includes any drug which is not
legally obtainable or possessed or which is legally obtainable but
has not been legally obtained. The term includes prescribed drugs
which were not legally obtained or are not being used for
prescribed purposes.
. "Legal drug" includes prescribed drugs and over-the-
counter drugs and/or medications which have been legally obtained
and are being used for the purpose for which they were prescribed
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or manufactured.
"Reasonable suspicion" is a belief based on
specific, contemporaneous, articulable observations concerning
appearance, behavior, speech or body odors, or other objective and
articulable observations sufficient to lead a reasonable
manager/supervisor to suspect that an employee is under the
influence of drugs and/or alcohol. Instances of reasonable
suspicion include but are not limited to when (1) an employee
appears intoxicated, confused or uncoordinated; (2) exhibits marked
personality changes or changes in conduct or shows irrational
behavior; or (3) following accidents or serious incidents where
there is reason to believe the employee's faculties are impaired,
presenting a reasonable likelihood of danger to his/her own safety
or the safety of others.
"Safety -sensitive function" for purposes of this
policy means the operation of any City owned commercial motor
vehicle.
"Under the influence" means that the employee is
affected by any drug and/or alcohol or any combination thereof in
any detectable manner. The symptoms of influence are not confined
to those consistent with misbehavior, nor to obvious impairment of
physical or mental ability, such as slurred speech or difficulty in
maintaining balance. A determination of influence can be
established by public perception, a professional opinion, a
scientifically valid test and in some cases, by a lay person's
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opinion.
4.0 ASSIGNED RESPONSIBILITY:
It shall be the responsibility of all department heads,
managers, and supervisors to ensure that all covered employees
abide by the provisions of this policy. Any questions regarding
the policy should be addressed to the Risk Management/Personnel
Office.
5.0 POLICY:
A. Pre -Employment Screening.
All applicants accepted for employment in positions
covered by this policy 'shall be informed that a pre -placement
physical assessment is mandatory, that an initial drug and alcohol
screening will be conducted during that examination and that a
positive result could disqualify the applicant.
FB'. � -0n the Job Use, Possession, Distribution or Sale of
Drugs and/or Alcohol.
No employee shall report to work while under the
influence of drugs and/or alcohol, possess or utilize such
substances while on assigned duty or subject to scheduled City
duty, sell or furnish drugs or alcohol to any other person, or have
their ability to work impaired as a result of the use of alcohol
and/or drugs.
C. Use of Prescribed Drugs and Over -The -Counter Medications
- Notification to Supervisor.
The use of prescribed drugs and over-the-counter
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medications which have been legally obtained and are being used for
the purpose for which they were prescribed or manufactured are not -
per se a violation of this policy. Nevertheless, when taking such
drugs or medications which may interfere with the safe and
effective performance of duties or operation of City equipment,
City employees must notify their supervisor of the need for such
consumption before beginning work on that date.
D. Use of Prescribed Drugs and Over -The -Counter Medications
- Physician Clearance Requirement.
An employee who conducts non -safety -sensitive functions
may continue to work, even though under the influence of a legally
prescribed drug, if the City has determined after consultation,
that the employee does not pose a threat to the employee's own
safety or the safety of others, and that the employee's job
performance is not significantly affected by the legal drug.
Otherwise, the employee may be required to take a leave of absence
or comply with other appropriate action determined by the City. In
the event there is a question regarding an employee's ability to
safely and effectively perform assigned duties while using such
drugs or medications, clearance from a qualified physician will be
required. Nevertheless, no employee who is required to perform
safety -sensitive functions shall report to duty or remain on duty
when that employee is under the influence of controlled substances,
including such substances which may be taken pursuant to the
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instructions of a physician, unless the physician has advised that
the substance does not adversely affect the ability to perform the
safety -sensitive functions required of that employee.
E. Off Duty Use.
Off duty use of alcohol, prescription drugs and
medications or other controlled substances that result in
substandard job performance or misconduct, or infringe upon the
maintenance of a safe, healthful and efficient working environment,
may be subject to appropriate disciplinary action up to and
including termination.
F. Search Procedures..
The City reserves the right to search all areas and
property under which it maintains full control to the extent
authorized by the Public Safety Officers' Procedural Bill of Rights
(Government Code Sections 3300 et seq.), by the constitutional
limitations upon search and seizure, and by constitutional right of
privacy.
G. Actions Taken if Employee is in Violation of Policy.
Employees reasonably believed to be in violation of this
policy shall be prevented from engaging in further work activity
and may be detained for a reasonable time until transportation from
the work site can be facilitated.
H. Supervisor's Responsibility.
A supervisor will accompany the employee to the clinic
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for testing. The supervisor will wait until testing is completed
and then either take the employee home or assure that
transportation from the work site can be facilitated.
I. City Administrator and Risk Management/Personnel Office
Notification.
In all instances of a violation of this policy, the City
Administrator and the Risk Management/Personnel Office shall be
notified immediately as a matter of proper procedure.
6.0 EMPLOYEE ASSISTANCE:
A. Referrals.
The City recognizes alcohol and/or drug dependency as an
illness and a major health problem. The City also recognizes
alcohol and/or drug abuse as potential health, safety and security
problems. The City encourages employees to seek help for alcohol
and/or drug abuse/dependency and other personal or emotional
problems. Employees needing help in dealing with such issues are
encouraged to contact the Risk Management/Personnel Office for
optional referrals.
B. Reasonable Accommodation.
The City is committed to providing reasonable
accommodation to those employees whose drug and/or alcohol problems
constitute a "disability" under federal law and will cooperate with
such efforts to the full extent required by the law.
C. Violation of Policy.
No employee who voluntarily seeks treatment shall be
disciplined or discriminated against in any manner for having done
so. However, any employee who seeks treatment but is found to be
"currently engaging" in drug use shall be in violation of this
policy.
7.0 MANDATORY TREATMENT.
This section shall not be interpreted as limiting the City's
independent authority to take any personnel action otherwise
authorized by the law, including those actions consistent with the
at -will employment relationship which exists between the City and
all of its employees.
Mandatory treatment, rather than termination, may be made as
follows:
A. First Offense - Rehabilitation Program.
Upon a first offense of a violation of this policy not
involving reasonable suspicion of on-the-job impairment or accident
as defined by this policy, an employee shall be advised of the
names and addresses of substance abuse professionals and counseling
and treatment programs. The employee will be relieved of safety -
sensitive functions until completion of the rehabilitation program
to the satisfaction of the rehabilitation counselor, a return of an
alcohol test indicating an alcohol concentration of less than 0.02,
or if the offense involved controlled substances, the return of a
negative drug testandsigning of a re-entry agreement as discussed
further below.
B. Treatment by Rehabilitation Program Counselor.
An employee subject to mandatory treatment must agree to
undertake and to complete successfully a course of treatment as
deemed appropriate by the rehabilitation program counselor. Any
employee refusing to comply with a mandatory referral is subject to
termination.
After the employee returns to duty, the employee will be
subject to unannounced follow-up alcohol and controlled substances
tests. The number and frequency of such tests will be as directed
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by the substance abuse professional and consist of at least six
test in the first 12 months following the return to duty. If the
substances abuse professional then determines.that testing is no
longer necessary, the testing requirement will be terminated.
C. Unsatisfactory Progress.
If an employee.fails to conform to the requirements of
the rehabilitation program and/or fails to complete the program
and/or fails to remain drug free, the employee may be terminated.
As part of the terms of the mandatory referral, the employee
agrees that the provider and/or rehabilitation counselor will
report to the employee's supervisor or manager any failure on the
part of the employee to cooperate in the rehabilitation program or
to progress through the program to the satisfaction of the
counselor.
D. Leave of Absence Without Pay.
The City will require the employee to charge vacation or
other leave credits while the employee participates in the
rehabilitation or treatment program. If no leave credits are
available to the employee, he or she may, if deemed necessary by
management, be placed on a leave of absence without pay for the
duration of the rehabilitation or treatment program.
E. Rehabilitation Program In Lieu of Termination Not
Allowed For Second Offense.
An employee will not be allowed a rehabilitation program
in lieu of termination for a second violation of this policy.
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F. Re-entry Agreement.
An employee who desires to return to work after a
mandatory referral must agree to the terms of a Re-entry Agreement,
the terms of which shall be established by the City in its sole
discretion.
8.0 EMPLOYEE RESPONSIBILITIES:
Employees are expected to support the maintenance of a
drug and alcohol free work place, and in so doing:
A. Shall not report for work, or while subject to City
duty, while their ability to perform job duties are impaired due to
alcohol and/or drug use;
B. Shall 'not report for duty or remain on duty
requiring the performance of safety -sensitive functions while
having an alcohol concentration of 0.04 or greater;
.C. Shall not perform safety -sensitive functions within
four hours after using alcohol;
D. Shall not possess or use alcohol and/or illegal
drugs during working hours; while subject to scheduled City duty;
or at any time while specifically identifiable as a City employee,
performing in his or•her official capacity, whether on City
property, in City uniform or vehicle;
E. Shall not directly or through a third party sell or
provide/distribute alcohol and/or drugs to any person or to any
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other employee while either employee is subject to City duty;
F. Shall submit to a drug and/or alcohol screening when
requested by a City representative responsible for enforcement of
this policy or as required herein;
G. Shall not use alcohol for eight hours following any
accident, or until he/she undergoes a post -accident alcohol test,
whichever occurs first;
H. Shall not refuse to submit any test required by this
policy;
I. Shall cooperate, as a condition of employment, in
searches and inspection activities;
J. Shall notify their supervisor before beginning work,
when taking any medications or drugs, prescription or otherwise,
which one would reasonably know interferes with the safe and
effective performance of job duties or operation of City equipment.
Within one subsequent work shift, provide a current valid
prescription, in the employee's name for any prohibited drug or
medication identified when a drug analysis is positive;
K. Shall notify the department head of any arrest or
conviction under a criminal drug statute within five (5) working
days of the arrest or conviction (disciplinary action shall not be
taken based solely on the arrest, however, disciplinary action may
be taken based upon the failure to notify); and
L. Shall generally abide by the terms of this policy.
9.0 MANAGEMENT RESPONSIBILITIES AND GUIDELINES:
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All managers and supervisors, including any officer designated
as a field supervisor or watch commander, are responsible for
consistent enforcement of this policy, and in so doings
A. Given reasonable suspicion that an employee is using
or under the influence of or possesses alcohol and/or drugs, or is
otherwise unable to perform the required job duties in a safe or
satisfactory manner, shall immediately document in writing, the
facts constituting reasonable suspicion that the employee in
question is using and/or under the influence of alcohol and/or
drugs; and, in all instances of violations of this policy, document
in writing any and all pertinent facts and observations;
B. May notify the appropriate law enforcement agency
when there is reasonable suspicion to believe that an employee may
have illegal drugs in his/her possession or in an area not
controlled by the City;
C. Shall not physically search an employee,. but seize
any suspected alcohol and/or illegal drugs which are in plain
sight. Secure any container or the like where alcohol and/or
illegal drugs may be present for a subsequent search by appropriate
personnel, but shall not confiscate without consent, prescription
drugs or medications from an employee who has a prescription;
D. When a supervisor or other management employee, and
confirmed by a second supervisor or management employee whenever
reasonably possible, has reasonable cause to believe that an
employee is impaired by drugs or alcohol, the employee shall be
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removed to a suitable location which will ensure his or her privacy
and will be interviewed and informed of the basis of the reasonable
suspicion. Any statements made during the interview may be
recorded and may be used in any subsequent proceedings involving
the employee. If the supervisor or other management employee still
has a reasonable suspicion that the employee is not drug free, the
employee will be given a copy of this policy and ordered to submit
to urine testing and/or blood testing in accordance with the
procedures established by this policy. If the employee agrees, he
or she will be transported to a designated collection site;
E. Any supervisor or management employee encountering
an employee who refuses an order to submit to a drug and/or alcohol
test shall remind the employee of the requirements and disciplinary
consequences of this policy. Where there is reasonable suspicion
that the employee is then under the influence of alcohol and/or
drugs, the supervisor or management employee should detain the
employee for a reasonable time until the employee can be safely
transported home.
10.0 PHYSICAL EXAMINATION PROCEDURES:
A. Consent For Drug/Alcohol Testing.
Prior to the collection of any urine or blood sample,
employees will be requested to sign a consent for drug/alcohol
testing. Failure to sign the consent form will result in
disciplinary action. Employees are entitled to receive a copy of
the signed consent form and the test results in the strictest
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confidence.
B. Drug and/or Alcohol Analysis Testing.
The drug and/or alcohol analysis may test for any
substance which could impair an employee's ability to effectively
and safely perform the functions of his/her job, including, but not
limited to prescription drugs/medications,' heroin, cocaine,
morphine and its derivatives, P.C.P., methadone, barbiturates,
amphetamines, marijuana and other cannabinoids..
C.* Drug and/or Alcohol Analysis on Urine Samples.
The drug and/or alcohol analysis shall be conducted on
urine samples. During the taking of the sample no one shall be
present with the employee except a physician or a qualified medical
practitioner. A blood sample may also be taken. The employee
shall follow the "chain of custody" procedure required by the
laboratory or medical facility conducting the testing.
D. When Urine and/or Blood Sample Taken.
The urine and/or blood sample will be taken during
regular working hours at any pre -determined medical facility, as
necessary or after regular working hours at any available medical
facility.
E. Chain of Custody Form.
The laboratory is required to complete a "Chain of
Custody" form in conjunction with the collection and testing of all
samples.
11.0 REQUIRED TESTS.
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A. Pre -Employment Testing.
Prior to the first time an employee performs safety -
sensitive functions for the City, but after the job has been
offered to the employee, the employee shall undergo testing for
alcohol and controlled substances. The City shall not allow an
employee to perform safety -sensitive functions unless the employee
has been administered an alcohol test with a result indicating an
alcohol concentration less than 0.04, and has received a controlled
substances test result indicating a verified negative test result.
The City considers such an examination a business necessity
and a requirement of the City's compliance with DOT. The results
of the examination are intended to be used by the City only for
purposes of evaluating the employee's physical and mental ability
to perform job -related functions, including the employee's ability
to remain alert, productive and safe from any possible accidents
which may be caused by current drug or alcohol use.
B. Post -Accident Testing. -
As soon as practicable following an accident involving
a City vehicle, the City shall test for alcohol and controlled
substances each surviving employee:
(1) Who'was performing safety -sensitive functions with
respect to the vehicle, if the accident involved
the loss of human life, or an injury demanding
medical treatment away from the scene of the
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accident; or
(2) Who receives a citation under State or local law for
a moving traffic violation arising from the
accident;
(3) If an alcohol test required by this section is not
administered within two hours following the
accident, the City shall prepare and maintain on
file a record stating the reasons the test was not
promptly administered. If a test required by this
section is not administered within eight hours
following the accident, the City shall cease
attempts to administer the alcohol test and shall
prepare and maintain the same record. Records
shall be submitted to the Federal Highway
Administration upon request of its Associate
Administrator.
(4) If a controlled substance test required by this
section is not administered within 32 hours
following the accident, the City shall cease
attempts to administer the test and prepare and
maintain on file a record stating the reasons the
test was not promptly administered. Records shall
be submitted to the Federal Highway Administration
upon request of its Associate Administrator.
(5) A driver who is subject to post -accident testing
shall remain readily available for such testing or
may be deemed by the employer to have refused to
submit to testing. 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.
(6) The results of a breath or blood test for the use
of alcohol, or a urine test for the use of
controlled substances, conducted by Federal, State,
or local officials having independent authority for
the test, shall be considered to meet the
requirements of this section, provided that the
results of the tests are obtained by the City.
C. Random Testing.
Each calendar year, the City ,shall conduct a minimum
annual percentage rate for random alcohol testing of 25 percent of
the average number of driver positions which are subject to this
policy, and random controlled substances testing of a minimum of 50
percent of the average number of driver positions. The minimum
annual percentage rate will be adjusted each year so that it is
consistent with the rates set by the Federal Highway
Administration.
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The selection of drivers for random testing shall be
made by a scientifically valid method, such as a random number
table of a computer -based random number generator that is matched
with drivers' Social Security numbers, payroll identification
numbers, or other comparable identifying numbers. Under the
selection process used, each employee shall have an equal chance of
being tested each time selections are made.
Random alcohol and controlled substances tests conducted
under this policy will be unannounced and the dates for
administering the tests will be spread reasonably throughout the
calendar year. Each employee who is notified of selection for
random alcohol and/or controlled,substances testing must proceed to
the test site immediately.
D.
Reasonable
Suspicion
Testing.
All
employees
shall be
required to submit to urine
testing and/or blood testing in accordance with the -procedures
established by this policy when there is reasonable suspicion to
believe that the employee is impaired by...drugs'or alcohol. The
determination that -reasonable suspicion exists to require said
testing must be based on specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech, body
odors of the employee, or indications of the chronic and withdrawal
effects of controlled substances. The observations may be based
upon observable phenomena such as direct observation of drug use or
possession and/or the physical symptoms of being under the
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. 1 �
influence of a drug, a pattern of abnormal conduct or behavior or
indications of chronic or withdrawal effects of controlled
substances.
The required observations shall be made by a supervisor
or company official who is trained in accordance with this policy.
The person who makes the determination that reasonable suspicion
exists to conduct an alcohol test shall not conduct the alcohol
test of the driver. Testing will be required.when the observations
amounting to reasonable suspicion are made during, just preceding,
or just after the period of the work day that the employee is
required to be in compliance with this policy.
If an alcohol test required by this section is not
administered within two hours following a determination of,
reasonable suspicion, the supervisor shall prepare and maintain on
file a record stating the reasons the alcohol test was not promptly
administered. If an alcohol test required by this section is not
administered within eight hours following the determination of
reasonable suspicion, the supervisor shall cease attempts. to
administer an alcohol test and shall state in the record the
reasons for not administering the test. The City shall not take
any action under this policy against an employee based solely on
the employee's behavior and appearance, with respect to alcohol
use, in the absence of an alcohol test.
Notwithstanding the absence of a reasonable suspicion
alcohol test under this section, no employee shall report for duty
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s
or remain on duty requiring the performance of safety -sensitive
functions while the employee is under the influence of or impaired
by alcohol, as shown by the behavioral, speech, and performance
indicators of alcohol misuse, nor shall the City permit the
employee to perform or continue to perform safety -sensitive
functions, until:
(1) An alcohol test is administered and the employee's
alcohol concentration measures less than 0.02; or
(2) Twenty-four (24) hours have elapsed following the
determination that there is reasonable suspicion to
believe that the employee has violated the
prohibitions in this policy concerning the use of
alcohol.
A written record shall be made of the observations
leading to a controlled substance reasonable suspicion test, and
signed by the supervisor or City official who made the
observations, within 24 hours of the observed behavior or before
the results of the controlled substances test are released,
whichever is earlier.
F. Return -to -Duty Testing.
Supervisors shall ensure that before an employee returns
to duty requiring the performance of a safety -sensitive function
after engaging in conduct prohibited by this policy, the employee
shall undergo, depending on the violation, a return -to -duty alcohol
test with a result indicating an alcohol concentration of less than
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0.02, or a return -to -duty controlled substances test with a result
indicating a verified negative result for controlled substances
use.
G. Follow -Up Testing.
Following a determination under this policy that an
employee is in need of assistance in resolving problems associated
with alcohol misuse and/or use of controlled substances, the City
shall ensure that the employee is subject to unannounced follow-up
alcohol and/or controlled substances testing as directed by a
substances abuse professional in accordance with the provisions of
Section 7.0 of this policy.
Follow-up alcohol testing shall be conducted only
when the employee is performing safety -sensitive
functions, just before the employee is to perform safety -
sensitive functions, or just after the employee has
ceased performing safety -sensitive features. 12.0 CONSEQUENCES
A. Removal from safety -sensitive functions.
No driver shall perform safety -sensitive functions if
the driver has engaged in conduct prohibited by this policy.
B. Required Evaluation and Testing.
No driver who has engaged in conduct prohibited by this
policy shall perform safety -sensitive functions unless the driver
has met the requirements of Section 7.0 of this policy.
C. Other Alcohol -Related Conduct.
No driver tested under the provisions of this policy who
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is found to have an alcohol concentration of 0.02 or greater, but
less than 0.04, shall perform or continue to perform safety -
sensitive functions for the City, nor shall the City permit the
driver to perform or continue to perform safety -sensitive
functions, until the start of the driver's next regularly scheduled
duty period, but not less than 24 hours following administration of
the test. Except as provided herein, the City shall not take any
action under this part against a driver based solely on the test
results showing an alcohol concentration less than 0.04.
13.0 RESULTS OF DRUG AND/OR ALCOHOL ANALYSIS:
A. Performance of Confirmation Test.
If the initial screening test is positive, the
laboratory will perform a confirmation test by the technique known
as Gas Chromatography/Mass Spectrometry (GC/MS), before reporting
a positive result to the City. In all cases of confirmed positive
test results, the employee will have the opportunity to explain or
rebut the results and to substantiate the explanation with medical
evidence, which could include, at the :employee's expense, an
additional confirmation test of the same specimen.
B. Valid Prescription for Drugs/Medications.
In the case of prescribed drugs/medications, if the
employee does not have a valid prescription, or.if the prescription
is not in the employee's name, or if the employee has not
previously notified the supervisor that he or she is taking any
medications or drugs as required herein, the employee may be
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subject to disciplinary action.
C. Investigation by City if Drug and/or
Alcohol Analysis is Positive..
If a drug and/or alcohol analysis is positive for
alcohol and/or drug presence, the City shall conduct an
investigation to gather all facts. The City will cooperate in an
employee's voluntary effort to obtain treatment and rehabilitation.
However, this policy shall not in any way limit the City pursuant
to its ',authority 'independent of this policy from taking any action
otherwise consistent with the law.
14.0 CONFIDENTIALITY:
Laboratory reports or test results shall not appear in any
employee's personnel file. Information of this nature will be
included in a separate, confidential, secured medical folder. The
reports or test results may be disclosed to City management on a
strictly need -to -know basis and to the tested employee upon
request. Disclosures, without patient consent, may also occur
when: (1) the information is compelled by law or by judicial or
administrative process; (2) the information has been placed at
issue in a formal dispute between the employer and employee; (3)
the information is to be used in administering an employee benefit
plan and/or; (4) the information is needed by medical personnel for
the diagnosis or treatment of the patient who is unable to
authorize disclosure.
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DRUG & ALCOHOL TESTING POLICY
I have received a copy of the City of Vernon Drug & Alcohol Testing
Policy For Employees Subject to Department of Transportation
Testing Regulations.
The term "Reasonable Suspicion" has been explained to me. The
procedure and/or penalty that has been set if it is determined that
I am under the influence of drugs or alcohol during working hours
has also been explained to me.
I understand the procedure following the "Reasonable Suspicion,"
and the penalty for being under the influence of drugs or alcohol
during working hours.
I also agree to abide by the policy and acknowledge that the policy
in no way limits my rights or the City of Vernon's rights under the
at -will employment relationship which exists between myself and the
City.
I consent to taking the tests which are required under the
circumstances indicated in the policy.
Date
Signature
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