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HomeMy WebLinkAboutCC RES 90-010 RESOLUTION ADOPTING DRUG AND ALCOHOL POLICY PROCEDURES Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIII IIII IIII 103660 Box: 26 Folder: RES 1990 Document: CC RES 90-010 RESOLUTION ADOPTING DRUG AND ALCOHOL POLICY PROCEDURES RESOLUTION 90-010 A RESOLUTION ADOPTING DRUG AND ALCOHOL POLICY AND PROCEDURES BE IT RESOLVED, that the St. Anthony City Council hereby adopts the "Drug and Alcohol Testing Policy and Procedures" as set forth in the attached document. • Adopted this la day of Fed r u a r _, 1990. 0-,:: Mayor Pro Tem ATTEST: City Clerk Reviewed for administration: City Manager • CITY OF ST. ANTHONY DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES I. PURPOSE To establish drug and alcohol testing policy and procedures for employees and job applicants. II. POLICY All present employees and all job applicants are subject to drug and alcohol testing in conjunction with the provisions of Minnesota Statutes, Section 181 . 950, and the following provisions: A. CIRCUMSTANCES UNDER WHICH TESTING MAY OCCUR. Drug and alcohol testing may be requested and required for all job applicants who have been offered a job and if the City has a reasonable suspicion that a current employee: • 1. Is under the influence of drugs or alcohol ; 2. Has violated the City's written ordinances, rules, or policies related to drug and alcohol; 3 . Has sustained or caused another person to sustain a personal injury; or 4. Has caused a work related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work related accident. B. RANDOM TESTING AND TESTING WITHOUT PRIOR NOTICE. Random testing without prior notice may be given those employees who are in safety sensitive positions, including any supervisory or management position in which an impairment caused by drug or alcohol use would threaten the health or safety of any person. Testing without prior notice may be given employees who have been referred by the employer for chemical dependency treatment or evaluation or who are participating in a chemical dependency treatment program under an employee benefit plan or have participated in a chemical dependency treatment program in the prior two years. C. REFUSAL TO SUBMIT TO TESTING. • If an employee refuses to submit to drug and alcohol testing carried out in conjunction with this policy, the employee may be subject to discipline including, but not limited to, discharge. An employee may request a hearing under a negotiated agreement if permitted or under the St. Anthony City Code, Section 135:48. If a job applicant refuses to submit to drug and alcohol testing carried out in conjunction with this policy, the job applicant may not be hired. D. TAMPERING WITH THE URINE OR BLOOD SAMPLE. If an employee tampers with his or her own urine or blood sample, the employee may be subject to discipline including, but not limited to, discharge. E. FAILURE TO PASS DRUG AND ALCOHOL TESTING GENERALLY. An employee who receives a positive test result, fails a confirmatory test and does not request in writing a confirmatory retest within five working days after notice of positive confirmatory test results, may be subject to discipline including, but not limited to, discharge subject to St. Anthony City Code, Section • 135.54. Such an employee may request a hearing under a negotiated agreement if permitted or under the St. Anthony City Code, Section 135.54 . A job applicant who receives a positive test result, fails or refuses a confirmatory retest does not request in writing a confirmatory retest within five working days after notice of positive confirmatory test results, may be refused employment and will be notified of the reason for such refusal. F. RIGHTS OF EMPLOYEE OR JOB APPLICANT AND OTHER APPEAL RIGHTS. An employee or job applicant has the right to be informed in writing by the employer of the results of the test within three ( 3 ) working days of the receipt of the results by the employer. An employee or job applicant has the right to request and receive from the employer a copy of the test results. An employee or job applicant who receives a positive test result has three working days from the notice of the positive test result, to submit information to the City to explain the result or may request in writing within five working days of notice a confirmatory retest 2 • of the original sample at the employee's or job applicant's own expense. G. ACKNOWLEDGEMENT. Prior to requiring a drug or alcohol test, the employee or job applicant will be given a form on which the employee will acknowledge that he or she has seen the policy. The form will also ask the employee or job applicant to indicate any medication that the individual is currently taking or has recently taken and other information relevant to the reliability of or explanation for a positive test result. III. DECLARATIONS A. The City of St. Anthony shall designate the laboratory facility that shall conduct such tests. B. The City of St. Anthony hereby declares that all police positions, union, non-union, supervisory, and management positions shall be designated as "safety sensitive" positions. C. The City of St. Anthony hereby declares that all fire positions, union, non-union, supervisory, and management • positions shall be designated as "safety sensitive" positions. D. The City of St. Anthony hereby declares that all public works union, supervisory, and management positions shall be designated as "safety sensitive" positions. E. This policy shall be distributed to each employee designated to hold a "safety sensitive" position and to each department director. IV. PROCEDURES Once the circumstances warrant implementation of this procedure, the employee's department head and the City Manager or his/her designee shall be contacted. A. Advise the employee that you are requiring them to submit to testing in accordance with the City policy. B. Give the employee a copy of the policy and allow them a reasonable period of time to review the policy. C. Give the employee a consent form. Ask them to read the consent form and complete information as required. i 3 D. Direct the employee to sign the consent form and date. Witness the signature by completing the witness portion of the form. E. URINE TEST. 1 . Complete Medtox Lab form. 2. Follow all directions on Medtox kit for a urine sample collection. 3 . Take employee to the proper restroom and observe the employee give the urine sample into the container provided. 4. If the employee is the opposite sex from the observing supervisor, the supervisor or City administrative staff member of the same sex shall be located to observe the giving of this urine sample. 5. Supervisor observing the giving of the sample shall seal container in accordance with Medtox instructions. 6. The supervisor shall retain the container and • consent forms until they can be personally given over the Medtox Lab for analysis. F. REFUSAL TO SIGN CONSENT FORM. If the employee refuses to give his/her consent, have them sign the form indicating the drug screen refusal and witness the signature. 1. If employee refuses, they are to be placed on immediate suspension with pay. 2. Documentation is to be completed and filed with the department head and the City Manager or his/her designee immediately. G. BLOOD TEST. 1 . If it has been determined that a blood test is to be given, the supervisor shall take the employee to Unity Medical Center. 2. The supervisor shall direct that the blood sample be drawn in accordance with drug testing policy by a certified technician. • 4 3 . The supervisor is to make certain that the consent • form and sample are completed in accordance with the chain of custody provided by Medtox. 4. The technician at Unity Medical Center shall be responsible for transportation of blood sample to Medtox. H. SUSPENSION. Whether the employee signs or does not sign the consent form, he/she is to be placed on suspension with pay. The supervisor or designated person shall take the suspended employee to the employee's place of residence. I. PRIVACY. Test results of employees and applicants are private data and cannot be given to a third party without written consent of the employee or job applicant, except in the following instances. A positive confirmatory test may be: 1 . Used in an arbitration proceeding or administrative • hearing pursuant to Chapter 43A or other applicable state or local law or judicial proceeding. 2. Disclosed to any Federal agency or other unit of the U.S. government as required under Federal law regulations or order, or in accord with compliance requirements of a Federal government contract. 3 . Disclosed to a substance abuse treatment facility for the purpose of evaluating or treating the employee. V. ADMINISTRATIVE RESPONSIBILITY Each department head and supervisor shall be responsible for informing their employees. This policy shall be distributed to each employee in the City of St. Anthony. Employees shall acknowledge in writing the receipt of this policy. • S • ST. ANTHONY EMPLOYEE OR JOB APPLICANT DRUG OR ALCOHOL TEST CONSENT FORM I have been ordered to give a urine sample for testing to determine presence of drugs or alcohol . I have read and understand the City's policy on drug and alcohol testing. I agree to submit to these tests, and also agree that the testing agency is authorized by me to provide the results of the test to the City of St. Anthony. I understand that my alteration of this consent form, refusal to consent, or to cooperate fully in the taking of a urine sample, or my refusal to authorize release of information to the City of St. Anthony constitutes insubordination which may result in disciplinary action up to and including discharge and for applicants may be grounds for rejection. I also understand that a positive result may be grounds for discipline up to and including discharge and for applicants may be grounds for rejection. In order to insure accuracy of this screening, it is necessary to know any and all of the prescription drugs, non-prescription drugs, over-the-counter medications, or any other chemical substance you have taken within the last month. If you are not taking any • medication, drugs, or other chemical substances, please write "NONE" . MEDICATION: DOSAGE AND FREQUENCY: PRESCRIBED BY: ANY OTHER INFORMATION RELEVANT TO THE RELIABILITY OF OR EXPLANATION OF A POSITIVE TEST RESULT: EMPLOYEE NAME: SIGNED: DATED: SUPERVISOR NAME: SIGNED: WITNESS: DATED: • 6 1 • NOTICE OF DRUG OR ALCOHOL TEST RESULTS EMPLOYEE NAME: DATE RESULTS RECEIVED FROM TESTING COMPANY: CHECK AS APPROPRIATE: The result of your alcohol/drug test was negative. The result of your alcohol/drug test was positive. RIGHTS OF EMPLOYEE OR JOB APPLICANT IF CONFIRMATORY TEST IS POSITIVE• 1. The employee or job applicant has the right to request and receive from the employer a copy of the test result report. • 2. Within three working days after notice of a positive test result, the employee or job applicant may submit information to the employer, in addition to any submitted prior to a test, to explain the test result. 3 . Within five days after notice of a positive test, the employee or job applicant may request a confirmatory re-test of the original sample at the employee's or job applicant's expense. Within three days after receiving the employee's or job applicant's re-test request, the employer shall notify the testing agency of the employee's or job applicant's request. The employee or job applicant may request a different testing agency licensed under Chapter 181 (Minnesota State Statute) . If the confirmatory re-test does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the employee or job applicant. I have received a copy of this completed document. SIGNED: DATED: • • DRUG OR ALCOHOL TESTING POLICY AND PROCEDURES I acknowledge receipt of the Drug or Alcohol Testing Policy and Procedures. I have read the Policy and have been able to ask my supervisor or other appropriate City personnel questions about any part of the Policy I do not understand. EMPLOYEE NAME: SIGNED: • DATED: • 8