Loading...
Resolution No. 2012-136RESOLUTION NO. 2012-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING AN AMENDED AND RESTATED DRUG AND ALCOHOL TESTING POLICY AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on March 30, 2009, the City Council of the City of Vernon adopted Resolution No. 9876, approving and adopting various policies relating to employment with the City and employee work environment; and WHEREAS, Exhibit H of Resolution No. 9876 provides for the City's Drug & Alcohol Testing Policy for Employees Subject to Department of Transportation Testing Regulations (the "Policy"); and WHEREAS, the Fire Chief has recommended the Policy be amended; and WHEREAS, the City Council of the City of Vernon desires to adopt an amended and restated Drug & Alcohol Testing Policy 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 adopts an amended and restated Drug & Alcohol Testing Policy for All City Employees who Drive City Owned Vehicles, a copy of which is attached hereto as Exhibit A. SECTION 3:. All resolutions or parts of resolutions, specifically Exhibit H of Resolution No. 9876, not consistent with or in conflict with this Resolution are hereby repealed; in all other respects, Resolution No. 9876, shall remain in full force and effect. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 17th day of July; 2012. Name: Will' m J. Davis W WilArd G. tYamag hi/, Ci�y Clerk Title: Ma� / Mayor Pro-Tem - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-136, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 17, 2012, and thereafter was duly.signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed.this /% day of July, 2012, at Vernon, California. (SEAL) k - 3 - EXHIBIT A CITY OF VERNON DRUG & ALCOHOL TESTING POLICY FOR ALL CITY EMPLOYEES WHO DRIVE CITY -OWNED VEHICLES DOT Drug and Alcohol Testing A - 1 EXHIBIT A TABLE OF CONTENTS 1.0 POLICY OBJECTIVES 2.0 APPLICABILITY 3.0 • Alcohol • Alcohol use • Chain of custody • Commercial Motor Vehicles • Current use of drugs • Driver • Illegal drug • Legal Drug • Reasonable suspicion • Safety -sensitive function . Under the influence 4.0 ASSIGNED RESPONSIBILITY 5.0 POLICY A. Pre -Employment Screening B. On the Job Use, Possession. Distribution or Sale of Drugs and/or Alcohol C. Use of Prescribed Drugs and Over -The -Counter Medications — Notification to Supervisor D. Use of Prescribed Drugs and Over - The -Counter Medications - Physician Clearance Requirement E. Off Duty Use F. Search Procedures G. Actions Taken if Employee is in Violation of Policy H. Supervisor's.Resnonsibility Page 1 1 1 1 2 2 2 2 2 3 3 3 3 3 4 4 4 4 5 5 6 DOT Drug and Alcohol Testing A - 2 EXHIBIT A I. City Administrator and Risk Management/Personnel Office Notification 6.0 EMPLOYEE ASSISTANCE A. Referrals B. Reasonable Accommodation C. Violation of Policy 7.0 MANDATORY TREATMENT A. First Offense — Rehabilitation Program B. Treatment by Rehabilitation Program Counselor C. Unsatisfactory Progress D. Leave of Absence Without Pav E. Rehabilitation Program In Lieu of Termination Not Allowed For Second Offense F. Re-entry Agreement 8.0 EMPLOYEE RESPONSIBILITIES 9.0 MANAGEMENT RESPONSIBILITIES AND GUIDELINES 10.0 PHYSICAL EXAMINATION PROCEDURES A. Consent For Drug/Alcohol Testing B. Drug and/or Alcohol Analysis Testing C. Drug and/or Alcohol Analysis on Urine SMples D. When Urine and/or Blood Sample Taken E. Chain of Custody Form 11.0 REQUIRED TESTS A. Pre -Employment Testing 6 6 6 7 7 7 10 12 12 12 12 13 13 13 13 DOT Drug and Alcohol Testing A - 3 EXHIBIT A B. Post -Accident Testing 14 C. Random Testing 15 D. Reasonable Suspicion Testing 16 E. Return -To -Duty Testing 17 F. Follow up Testing 18 12.0 A. Removal from Safety -Sensitive Functions B. Required Evaluation and Testing C. Other Alcohol -Related Conduct 13.0 RESULTS OF DRUG AND/OR ALCOHOL ANALYSIS A. Performance of Confirmation Test B. Valid Prescription for Drugs/Medications C. Investigation by City if Drug and/or Alcohol Analysis is Positive 14.0 CONFIDENTIALITY 18 18 18 18 19 19 19 19 20 DOT Drug and Alcohol Testing A - 4 EXHIBIT A 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 (49 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. 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 any way to affect the rights of the City and its employees pursuant to their employment relationship. 2.0 APPLICABILITY: All employees who operate any City owned vehicle and who are subject to the commercial driver's license requirements. City firefighters shall comply with the requirements set forth in California Vehicle Code VC 12804.11 and VC 12804.9. 3.0 DEFINITIONS: • "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol. -I- DOT Drug and Alcohol Testing A - 5 EXHIBIT A • . "Alcohol use" means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. • "Chain of custody" means procedures to an 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, (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 licensed 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 -2- DOT Drug and Alcohol Testing A - 6 EXHIBIT A 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 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) and 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, -3- DOT Drug and Alcohol Testing A - 7 EXHIBIT A by a lay person's 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. B. On 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, 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 0 DOT Drug and Alcohol Testing A - 8 EXHIBIT A 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 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. -5- DOT Drug and Alcohol Testing A - 9 EXHIBIT A 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 seg.), 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 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 DOT Drug and Alcohol Testing A - 10 EXHIBIT A 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 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 test and signing of a re-entry agreement as discussed further 7- DOT Drug and Alcohol Testing A - 11 EXHIBIT A below. B. Treatment by Rehabilitation Proeram 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 by the substance abuse professional and consist of at least six tests 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. me DOT Drug and Alcohol Testing A - 12 EXHIBIT A 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. 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; alcohol; C. Shall not perform safety -sensitive functions within four hours after using 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 M DOT Drug and Alcohol Testing A - 13 EXHIBIT A and/or drugs to any person or to any other employee while either employee is subject to City duty; P. 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; activities; H. Shall not refuse to submit any test required by this policy; I. Shall cooperate, as a condition of employment, in searches and inspection 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: 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 doing: 10- DOT Drug and Alcohol Testing A - 14 EXHIBIT A 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 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 -11- DOT Drug and Alcohol Testing A - 15 EXHIBIT A 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 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 -12- DOT Drug and Alcohol Testing A - 16 EXHIBIT A 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. 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. -13 DOT Drug and Alcohol Testing A - 17 EXHIBIT A B. Post -Accident Testine. 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 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 -14 DOT Drug and Alcohol Testing A - 18 EXHIBIT A 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 Testine. 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. 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 test site immediately. -15- DOT Drug and Alcohol Testing A - 19 EXHIBIT A D. Reasonable Suspicion Testine. 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 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 Mot DOT Drug and Alcohol Testing A - 20 EXHIBIT A 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 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. E. 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 0.02, or a return -to -duty controlled substances test with a result indicating a verified negative result for controlled substances use. -17- DOT Drug and Alcohol Testing A - 21 EXHIBIT A F. 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 FOR DRIVERS ENGAGING IN SUBSTANCE USE -RELATED CONDUCT: 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 Testine. 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 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 Iff" DOT Drug and Alcohol Testing A - 22 EXHIBIT A 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 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 medication or drugs as required herein, the employee may be 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 -19- DOT Drug and Alcohol Testing A - 23 EXHIBIT A 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 bylaw 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. W011 DOT Drug and Alcohol Testing A - 24 EXHIBIT A DRUG & ALCOHOL TESTING POLICY I have received a copy of the City of Vernon Drug & Alcohol Testing Policy for all City Employees who Drive City Owned Vehicles 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 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 DOT Drug and Alcohol Testing A - 25 EXHIBIT A CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: July 19, 2012 TO: Rory Burnett, Finance Director/City Treasurer Daniel Calleros, Interim Police Chief Kristen Enomoto, Assistant to the City Administrator Carlos Fandino, Director of Light & Power Masami Higa, Assistant Finance Director Alex Kung, Assistant to the City Administrator Joaquin Leon, Deputy City Treasurer Leonard Grossberg, Interim Director of Health & Environmental Control James Rodino, Police Captain Martha Valenzuela, Director of Personnel/Business Services Mark Whitworth, City Administrator/Fire Chief Kevin Wilson, Director of Community Services & Water FROM: Willard Yamaguchi, City Clerk n RE: Resolution No. 2012-136 — A Resolution of the City Council of the City of Vernon Adopting an Amended and Restated Drug and Alcohol Testing Policy and Repealing All Resolutions or Parts of Resolutions in Conflict Therewith Transmitted herewith is a copy of Resolution No. 2012-136 referenced above, which was approved by City Council on June 17, 2012. Thank you. WY:dj Attachment c: Resolution No. 2012-136, 9876 DATE: July 12, 2012 TO: Honorable Mayor Pro Tem and City Council FROM: Mark C. Whitworth, Fire Chief RE: Drug and Alcohol Policy Amend Background Under current City policy, random testing for drug and alcohol use is performed only on City personnel holding a "Class C" drivers' license issued by the California Department of Motor Vehicles. Class C licenses authorize the holder to operate heavy duty vehicles such as large trucks and/or fire equipment. To ensure the health and safety of persons living and/or working in Vernon, and because it is important that all employees be drug and alcohol free while on duty and operating any motor vehicle, it has been suggested that random testing for drug and alcohol be administered to ALL City employees who drive City owned vehicles. The attached resolution accomplishes that goal. In all other respects, the City's drug and alcohol policy remains the same. Recommendations It is recommended that the proposed amendment to the City's drug and alcohol policy be adopted. RESOLUTION NO. 2012-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON REPEALING RESOLUTION NO. 2012-136 REGARDING AN AMENDED AND RESTATED DRUG AND ALCOHOL TESTING POLICY WHEREAS, on July 17, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-136 approving an amended and restated drug and alcohol testing policy and repealing all resolutions. or parts of resolutions in conflict therewith; and WHEREAS, the City Council of the City of Vernon desires to repeal Resolution No. 2012-136. 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 repeals Resolution No. 2012-136. SECTION 3: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 215t day of August, 2012. �n Name: William J. Davis Title: `n�r Mayor Pro-Tem AT�iEST:. and G. Yam�Kquohi, ty Clerk - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-161, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 21, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this )'�3 day of August, 2012, at Vernon, California. (SEAL) "'t; .Wity Clerk - 3 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: August 22, 2012 TO: Rory Burnett, Finance Director/City Treasurer Daniel Calleros, Interim Police Chief Kristen Enomoto, Assistant to the City Administrator Carlos Fandino, Director of Light & Power Masami Higa, Assistant Finance Director Alex Kung, Assistant to the City Administrator Joaquin Leon, Deputy City Treasurer Leonard Grossberg, Director of Health & Environmental Control James Rodino, Police Captain Martha Valenzuela, Director of Personnel/Business Services Mark Whitworth, City Administrator/Fire Chief Kevin Wilson, Director of Community Services & Water FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2012-161 — A Resolution of the City Council of the City of Vernon Repealing Resolution No. 2012-136 Regarding an Amended and Restated Drug and Alcohol Testing Policy Transmitted herewith is a copy of Resolution No. 2012-161 referenced above, which was approved by City Council on August 21, 2012. Thank you. Attachment c: Resolution No. 2012-13 6, 2012-161 RECEIVS0 AUG 1 g 2012 CITY CLERK'S OFFICE ELI STAFF REPORT CITY ADMINISTRATION DATE: August 16, 2012 TO: Honorable Mayor Pro Tem and City Council FROM: Mark C. Whitworth, City Administrator (!tl RE: Repeal Amended and Restated Drug and Alcohol Policy Backaround At the July 17, 2012 City Council meeting, staff recommended and the City Council approved an amended and restated drug and alcohol testing policy to provide that random testing be administered to all City employees who operate City owned vehicles. Prior to proposing the amended and restated policy, the City inadvertently failed to meet and confer with the police and fire unions on the matter as required per their respective MOUs. As such, the City issued letters to the union presidents, with copies to their attorneys, stating the following: "We have heard your concerns regarding the recently adopted Amended and Restated Drug and Alcohol Testing Policy (Resolution No. 2012-136), and in response we have decided to recommend that the City Council rescind the policy at its August 21, 2012 meeting in favor of addressing it again later this year with the assistance and input of the newly appointed Human Resources Director and City Attorney. We look forward to working with you on a new policy at that time." Recommendation It is recommended that the City Council repeal Resolution No. 2012-136, which adopted the amended and restated drug and alcohol testing policy. Staff will work with all appropriate parties, including the police and fire unions through the meet and confer process, to develop a new policy to be proposed later in the year.