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HomeMy WebLinkAbout95-132 • CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION Date June 19, 1995 Resolution 95-132 Motion By Johnson Seconded By Harvey RESOLUTION AMENDING THE LAKEVII,LE EMPLOYEE HANDBOOK ADOPTING A DRUG AND ALCOHOL TESTING POLICY WHEREAS, Minn. Stat. § 181.950 et authorizes drug and alcohol testing under specific circumstances; and WHEREAS, it is in the best interest of the City and its employees to provide for alcohol and drug testing. NOW, THEREFORE,. BE IT RESOLVED by the City Council of the City of Lakeville: • 1. The Lakeville Employee Handbook is amended by adding the Drug and Alcohol Testing Policy which is attached hereto as Exhibit "A" . 2. The City Administrator is directed to insert the attached policy in the Employee Handbook at an appropriate location. 3. The City Administrator is further directed to distribute copies of the new policy to City employees. ADOPTED this 19th day of June 1995, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: Cam` Duane R. Zaun, yor ATT T: Charlene Friedges, i y Clerk Zso • Exhibit "A" DRUG AND ALCOHOL TESTING POLICY CITY OF LAKEVILLE I. The City recognizes drug and alcohol abuse by EMPLOYEES as threatening the welfare of the public and the well being of the other employees. Therefore, the City has established drug and alcohol testing for positions covered by this Policy as a means of protecting the public's welfare and EMPLOYEE's well being. II. The intent of this policy is to prevent drug and alcohol abuse by EMPLOYEES and to offer the opportunity for rehabilitation of EMPLOYEES who have tested positively for drug and alcohol use while on duty. III. The City shall inform a job applicant prior to testing. Information shall include the City's right to request a test, the processing of a test, the consequences of testing positively and the rights of the EMPLOYEE. IV. Before requesting an EMPLOYEE or a job applicant to undergo drug or alcohol testing, the City shall provide the EMPLOYEE or job applicant with a farm developed by the City on which to acknowledge the EMPLOYEE or job applicant has reviewed the Policy. On an additional form, the EMPLOYEE or job applicant may indicate any over the counter or prescription medications that they are currently taking or have recently taken and any other information relative to the liability of or explanation for a positive test result. This form will be completed at the collection site and will not be reviewed by the EMPLOYER. V. Random testing is prohibited. VI. The City shall not require an EMPLOYEE or job applicant to undergo drug or alcohol testing except as authorized below: A. The City may require a job applicant to undergo drug or alcohol testing provided a job offer has been made to the applicant and the same test is required of all job applicants conditionally offered employment for that position. If the job is withdrawn the City shall inform the applicant of the reasons for its actions. B. The supervisor in charge may require an EMPLOYEE to undergo drug or alcohol testing provided a reasonable attempt. has been made to receive approval from the City Administrator, that said requirement is stated in writing, and there is reasonable suspicion that the employee: • 1. Is under the influence of drugs or alcohol; 2. Is found to personally possess illicit drugs or alcohol while on duty; 3. Sustained a personal injury or caused another employee to sustain a personal injury and the supervisor in charge has reasonable suspicion that drugs or alcohol were involved; 4. Has caused a work related accident or was helping to operate machinery equipment or vehicles involved in a work related accident and the supervisor in charge has reasonable suspicion that drugs or alcohol were involved. C. The City may require an EMPLOYEE to undergo drug or alcohol testing if the EMPLOYEE has been referred by the City for chemical dependency treatment or evaluation which results in a determination that the employee is chemically dependent, in which case the employee may be required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two (2) years following completion of any prescribed chemical dependency treatment program. D. Reasonable suspicion shall be defined as that quantity of proof or evidence that is more than a hunch, but less than probable cause. Reasonable • suspicion must be based on specific, objective facts and any rationally derived inferences from those facts about the conduct of an individual that would lead the reasonable person to suspect that the individual is or has been using drugs while on or off duty. VII. Test sample collection shall be conducted in a manner which provides a high degree of security for the sample and freedom from adulteration. EMPLOYEES may not be witnessed while submitting a urine sample. Administrative procedures and biologic testing of the samples shall be conducted to prevent the submission of fraudulent tests. All screening tests shall make use of a split sample which shall be used for confirmatory retests. Upon request, an EMPLOYEE shall be entitled to the presence of a representative before testing is administered. The testing may not be delayed for an unreasonable amount of time to allow the employee this opportunity. • • VIII. All samples shall be tested for CHEMICAL ADULTERATION, OPIATES, CANNABIS, PCP, COCAINE, AMPHETAMINES, BARBITURATES, BENZODIAZEPINES AND ALCOHOL. The testing shall be done at a laboratory to be determined by the City and the following standards shall be used: DRUG SCREENING TEST CO)\fI~'IRMATION Amphetamines ..1,000 ng/ml Amphetamine. 500 ng/mg GC-MS .Barbiturates 300 ng/ml Barbiturate 300 ng/ml GC-MS Benzodiazepine 300 ng/ml Oxazepam 300 ng/ml GC-MS Cannabis 50 ng/ml Delta-THC 15 ng/ml GC-MS Cocaine 300 ng/ml Metabolite 150 ng/ml GC-MS Opiates 300 ng/ml Morphine, Codeine 300 ng/ml GC-MS PCP 25 ng/ml PCP 25 ng/ml GC-MS Alcohol 0.040 gm/dl Alcohol 0.040 gm/dl GC-MS IX. Any sample which has been altered or is shown to be a substance other than urine or blood shall be reported as such. All samples which test positive on a screening test shall be confirmed by gas chromatography-mass spectrophotometry, and no records of unconfirmed positive tests shall be released by the laboratory. X. Initial screening tests and confirmatory tests shall be at the sole cost of the City. XI. Testing and evaluation procedures shall be conducted in a manner to ensure that an EMPLOYEE'S legal drug use does not affect the test results. XII. All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior to being reported. XIII. Test results shall be treated with the same confidentiality as other EMPLOYEE medical records. The test results shall not be reported outside the City organization. XIV. .Each EMPLOYEE whose confirmatory tests indicate positive for drug or alcohol use shall be medically evaluated by a substance abuse professional. If required by the substance abuse professional, the employee will then be counseled and treated for rehabilitation. At any time an employee may voluntarily enter the chemical dependency program. This program is designed to provide care and treatment to EMPLOYEES who are in need of rehabilitation. Details concerning treatment any EMPLOYEE receives at this program shall remain confidential between the City and EMPLOYEE and shall not be released to the public. The EMPLOYER shall not be responsible for the cost of the treatment. The EMPLOYEES' health care • provider shall provide a portion of the cost of the treatment. • XV. No EMPLOYEE shall be relieved of his or her position based on one positive confirmatory test result although the EMPLOYEE may be re-evaluated for his or her assignment. When undergoing treatment and evaluation, EMPLOYEES shall receive the usual compensation and fringe benefits provided at their assigned position provided the employee is using available accumulated leave. XVI. Each EMPLOYEE has the right to challenge the results of drug testing in the same manner that he or she may grieve any managerial action. XVII. Upon successful completion of rehabilitation, the EMPLOYEE shall be returned to her or his regular duty assignment. EMPLOYEE reassignment during treatment shall be based on each individual's circumstances. If follow-up care is prescribed after treatment, this may be a condition of employment. Once treatment and any follow-up is completed and provided no further incidents of positive confirmatory tests occur, at the end of two (2) years the records of treatment and positive drug test results shall be retired to a closed medical record, given to the employee. References of the incident shall be removed from the employee's personnel file. XVIII. EMPLOYEES shall be subject to the disciplinary actions prescribed in the Employee Handbook if the employee: A. Refuses to undergo drug or alcohol testing; employee may refuse to • undergo drug or alcohol testing of a blood sample upon religious grounds if they consent to testing of a urine sample. B. Fails to successfully complete a required rehabilitation program as prescribed by a substance abuse professional; C. Tests positively after completing the initial rehabilitation program. The employee will be given the opportunity to complete a second rehabilitation program. If the employee refuses to complete a second rehabilitation program or if she or he tests positively after the completion of a second rehabilitation program, disciplinary action as prescribed in the Employee Handbook may be applied. XIX. An EMPLOYEE may request a confirmatory retest of the original sample at the EMPLOYEE'S own expense within 5 days of receiving notice of a positive confirmatory test result. It shall be the responsibility of the EMPLOYEE to contact the EMPLOYER who will work with the EMPLOYEE to contact the laboratory which performed the original test and also make arrangements with a second federally certified laboratory to perform the confirmatory retest. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original result may be taken against the • EMPLOYEE and the City will reimburse the EMPLOYEE for the actual cost of the confirmatory retest. • XX. The EMPLOYEE, upon request and subject to approval of the testing laboratory will have the right to inspect and observe any aspect of the drug testing program. XXI. This drug testing program is solely initiated at the behest of the CITY for the safety and well-being of the public and EMPLOYEES. The CITY shall be solely liable for any legal obligations for its actions of requiring testing or for actions taken as a result of testing. XXII. This Policy is in no way intended to supersede or waive an EMPLOYEE' S federal or state constitutional rights, or contractual rights. X3~. This policy is subject to the interpretation of the state law pertaining to drug and alcohol testing. •