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HomeMy WebLinkAboutCC RESO 91-57RESOLUTION NO. 91-57 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN ALCOHOL AND DRUG ABUSE POLICY BE IT RESOLVED by the City Council of the City of National City that the City Council hereby approves and adopts an alcohol and drug abuse policy applicable to all departments and employees of the City. Said policy is on file in the Office of the Personnel Director. PASSED and ADOPTED this 2nd day of April, 1991. J '-/ ., . ---.. eorge H. Waters, Mayor ATTEST: Lo 6AAnne Peoples,\ Citty Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City ALCOHOL AND DRUG ABUSE POL = CY POLICY STATEMENT The City Council of the City of National City hereby establishes a Drug -Free Workplace program which applies to all departments and employees of the City. It is the intent of this policy to ensure that employees have no illegal contacts with controlled substances on the job and are not under the influence nor impaired by alcohol or other drugs while on the job. Potential harmful effects from the use of any controlled substance or alcohol include poor work performance, inability to work well with others, excessive absenteeism, and endangerment to the safety of the employees and individuals with which the employee works with or serves. For purposes of this policy, a controlled substance is considered either an illegal drug (e.g., heroin, cocaine, crack, marijuana) or a drug which can be used only under a doctor's prescription which might adversely affect an employee's ability to meet job responsibilities. Therefore, in the workplace, there shall be no toleration of usage, possession, sale, manufacture or transmittal of alcohol or illegal drugs. No employee shall be permitted to work when there is reasonable cause to suspect that either there is risk to the safety of the employee or others, or that the employee is otherwise impeded in meeting job responsibilities because of being under the influence of or being impaired by usage of alcohol or a controlled substance. While the City does not want to intrude on the private conduct of employees, any conviction for violation of laws governing the usage, possession, manufacture, transmittal or sale of alcohol or controlled substances shall be immediately reported by an employee to his/her supervisor for evaluation by the department director and the City Manager or his designee for its impact on continued employment. Random or mass testing will not be the policy of National City. The City will make reasonable accommodations to assist those employees with a substance abuse problem who are attempting to rehabilitate themselves. However, each employee of the City of National City is responsible for his/her own behavior in regards to compliance with this policy and fulfilling the duties and responsibilities of his/her position. Violations of this policy are grounds for disciplinary action up to, and including, termination consistent with the Civil Service Rules of the City of National City. Each substance abuse problem shall be evaluated on an individual basis to determine the appropriate assistance and/or disciplinary action. -1- It is the responsibility of each department director and supervisor to make every reasonable effort to keep his/her workplace in compliance with the stated policy. This responsibility is an integral part of the job of each administrator and supervisor. The City Manager shall issue procedures to carry out this policy. Also, he shall designate a Program Coordinator. Training programs will be conducted for and attended by all management and supervisors to make them aware of their responsibilities in maintaining a drug -free workplace and to assist them in dealing with problems related to abuse of alcohol and illegal drugs. Informational materials will be provided to all employees on the harmful effects of drug use, the consequences of such illegal behavior, sources of assistance if they have a drug -related problem, and their responsibility to assist in accomplishing the objective of a Drug - Free Workplace. Follow-up programs and dissemination of materials will be scheduled for current and new supervisors and other employees, as needed. Information about this policy shall be disseminated to all City employees and to job applicants. Information about the policy shall be distributed through all appropriate media. Adopted by the City Council of the City of National City on April 2, 1991. Resolution No. 9 1- 5 7 -2- City of National City PROCEDURES FOR 2 MPLEMENTAT S ON OF NATio i.. C=TY DRUG —FREE WORKPLACE P OL T CY The drug free workplace policy applies to all departments within the city and requirements will be incorporated in all city contracts for work on city facilities or work within the public right-of-way, if such contracted work is funded by a federal grant. A drug free workplace is one in which there is no unlawful manufacturing, distribution, dispensing, possession or use of a controlled substance, and in which no employee is hampered in the safe and efficient performance of work duties by being under the influence of a controlled substance, including alcohol and prescription drugs. An employee may be considered in violation of this policy even if using a lawfully prescribed drug if the employee does not advise his/her supervisor of the use of such substance and if it may hamper the ability to safely perform required job duties. In order to carry out the intent of this policy the following procedures are enacted: I. DRUG AND ALCOHOL AWARENESS PROGRAM A program shall be established to inform all employees about: A. The dangers of drug abuse in the workplace including usage of illegal drugs, alcohol and prescription drugs. B. The policy of the city of maintaining a drug free workplace. C. Available drug counseling, rehabilitation and employee assistance programs. D. The penalties that may be imposed upon employees for abuses of this policy occurring in the workplace or abuses outside the workplace, that affect the employee's ability to safely perform the duties of his position or to meet other responsibilities of being an employee of the City of National City. II. STATEMENT TO EMPLOYEES A statement shall be issued to all city employees regarding the implementation of this policy notifying the employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including illegal drugs and alcohol, is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibitions. Further, the statement shall indicate that all employees are expected to abide by the provisions of this policy and notify the supervisor or other person designated by the department director of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. -1- III. TRAINING FOR SUPERVISORS All employees of the city with supervisory responsibilities shall be required to attend training programs provided by the City concerning the information indicated in Section I above, as well as the responsibilities of supervisors for maintaining a drug free workplace. Training programs shall include information about the following: A. Methods of detection of impairment produced by drug or alcohol use. B. Detecting signs of drug or alcohol use. C. Sources of assistance for supervisors and employees for employees with drug or alcohol abuse problems. D. Civil Service Rules and other policies relating to methods of dealing with violations of this policy. E. Reporting and record keeping requirements. IV. EMPLOYEE ASSISTANCE PROGRAM If an Employee Assistance Program (EAP) is available to provide short term professional crisis intervention, educational, diagnostic and referral services, employees may voluntarily use these services or be referred by their supervisor. The EAP may provide, also, similar services for employees and their immediate families for other personal problems that may affect the employees' ability to be productive and successful in meeting their job responsibilities. In addition, advice shall be provided to supervisors and administrators on preventive methods as well as on how to deal with problems that may occur. The City is not responsible for paying for the cost of treatment or rehabilitation programs beyond the initial assistance provided through available Employee Assistance Programs or the other benefits provided under Memorandum of Understanding and other Council actions. In order to ensure confidentiality and high professional standards in conduct of any Employee Assistance Program, the City shall contract with a qualified provider for this service. -2- V. VIOLATION OF POLICY Employees who violate the provisions of this policy are subject to disciplinary action up to and including termination consistent with the provisions of the Civil Service Rules of the City of National City. Administrators and supervisors shall be accountable for good faith efforts to ensure that the policy is carried out in the work areas for which they are responsible. Although assistance is encouraged for employees with drug or alcohol abuse problems, this does not lessen the responsibility of employee to meet work requirements and does not preclude disciplinary action against employees with or without their participation in efforts to be rehabilitated. Any suspected violation of laws governing the manufacture, distribution dispensing, possession or use of drugs or alcohol in city facilities shall be reported immediately to the National City Police Department. Consistent with Section 610 of the Civil Service Rules of the City of National City an employee may be required to be tested for the use of illegal substances or for intoxication at city expense. Failure of an employee to comply with this direction shall constitute insubordination and be subject to disciplinary action consistent with civil service rules. No employee shall be subject to mandatory testing for usage of drugs or alcohol unless a supervisor or administrator has determined that there is reasonable cause to suspect that the employee is under the influence of such substances. If at all possible this opinion shall be confirmed by a second party. Any positive test results shall be subject to careful evaluation and retesting consistent with established standards. Any employee convicted of a violation of a criminal drug statute for actions occurring in the workplace shall be subject to potential personnel action up to and including termination and/or the requirement that such employee participate satisfactorily in a drug or alcohol abuse assistance or rehabilitation program approved for such purposes by Federal, State or local health, law enforcement or other appropriate agency. VI. REPORTING TO FEDERAL GRANT AGENCIES The City shall comply with all requirements of the Federal Government Drug Free Workplace Program including the requirement that the appropriate Federal Agency be notified within ten days after receiving notice from an employee or otherwise receiving actual notice of a conviction if any employee convicted of any criminal drug statute for a violation occurring in the workplace in which activities are performed that are partially or totally funded through a federal grant. -3- VII. DRUG TESTING OF EMPLOYMENT APPLICANTS As part of the pre -employment medical examination process, candidates for safety sensitive positions shall be required to successfully pass a drug screening examination administered by an organization selected by the City. Safety sensitive positions include those of peace officers and those whose incumbents are involved in drug control, law enforcement support, fire suppression, rescue or preliminary assistance to injured or ill persons, or operation of motorized equipment on a regular basis involving greater than normal driving risks (e.g. operation of heavy equipment). The positions subject to pre -employment drug testing shall be determined by the City Manager considering the safety of employees and others affected by these employees in the course of their work for the City. No employee shall be required to be subjected to drug testing when being promoted or transferred unless he/she is moving from a position which is not included in the drug screening program to one that is. Any positive test results shall be subject to careful evaluation and retesting consistent with established medical legal standards. VIII. RESPONSIBILITIES A. The City Manager shall have overall responsibility for the implementation of the drug free workplace policy. The City Manager shall designate a coordinator who shall be immediately responsible to the City Manager for the implementation of all aspects of the drug free work place policy and procedures. The designee for this program shall be either an employee with management status or a person with suitable professional expertise who is contracted to perform this service. B. DRUG FREE WORKPLACE PROGRAM COORDINATOR The Coordinator shall be responsible for the following: 1. Dissemination of information indicated above to all current and new employees. 2. The provision of educational and supervisory training programs. Programs may be provided by Employee Assistance Program provider or other person or organization with suitable expertise in this field. 3. The oversight and evaluation of any Employee Assistance Program. The coordinator shall act as liaison between the program providers and the City. Reports of EAP activities shall be reviewed by the Coordinator and, as necessary, changes recommended. -4- 4. The coordinator shall report periodically to the City Manager concerning actions taken to implement this program and in order to identify needs for making the program more effective. 5. The coordinator shall be responsible for ensuring that the appropriate Federal Agency is informed of any criminal drug statute convictions of employees for violations occurring in the workplace. C. DEPARTMENT DIRECTORS Department Directors shall be responsible for ensuring that all new and current employees of their department are aware of the importance of this program. It shall be the responsibility of the department director to ensure that information provided by the program coordinator is received by the appropriate employees to which it is directed, that supervisors and administrators attend required training programs and that appropriate follow-up is taken on any violations of the policy by the employees or supervisors in their department. Also, it shall be the responsibility of the department director to keep the program coordinator aware of any potential problems which should be addressed to help ensure that there is a drug free workplace for their departmental employees. Further, the department directors are responsible for ensuring that prompt disciplinary actions are taken as required, that employees needing assistance or treatment are encouraged and facilitated in doing so, and that the Police Department is notified of apparent violations of drug and alcohol control laws. D. SUPERVISORS All supervisors are responsible for attending training programs and ensuring that those employees under their supervision who are required to attend training programs do so. It shall be the responsibility of the supervisor to deal immediately with any suspected drug abuse problems by informing their department director or his/her designee. When there is reasonable cause to suspect drug abuse or intoxication, if possible, the supervisor shall request assistance from higher level supervision, the Program Coordinator, the Personnel Director, the City Attorney, or the Risk Manager. Any employee who appears to be under the influence of drugs or alcohol shall be relieved of work duties and immediately subjected to the appropriate testing program. Handling of such problems shall be subject to necessary provisions for the safety of the employee and others as enumerated in training programs for supervisors. Also, it is the responsibility of the supervisor to report any circumstances which may indicate that there are violations of the drug abuse policy. -5- F. EMPLOYEES All employees are responsible for meeting their responsibilities to perform their work assignments in a safe and competent manner and, conducting themselves in such a manner that they will not bring discredit upon the City. Each employee is responsible for familiarizing himself or herself with the provisions of this program through materials provided by the City. Also, for the protection of his or her fellow employees and the public, each employee is responsible of reporting any suspected abuse of this policy in City facilities or at a work site whether by fellow employees or the public. Any employee convicted of violation of a criminal drug statute for actions occurring in the workplace shall report such conviction to his or her supervisor no later than five days after such conviction. IX. DEPARTMENTAL POLICIES AND PROCEDURES Due to the emergency nature of the functions of the Police and Fire Departments, and the responsibility of the Police Department for enforcement of laws pertaining drugs and alcohol, more stringent procedures may be implemented by these departments to accomplish the objectives of this policy. Such procedures would be subject to approval of the City Manager and requirements for involvement of employee associations consistent with the City employer -employee relations policy. Changes in this program and policy shall be made periodically as required for compliance with Federal and State laws and based upon evaluation of program effectiveness in meeting the goal of a drug free workplace. All changes shall be brought to the attention of administrators, supervisors and all other employees. "<::grl:OP Tom G. McCabe, City Manager Effective Date April 2, 1991 -6- City of National City GUIDELINES FOR DRUG AND ALCOHOL TESTING OF EMPLOYEES These guidelines outline the responsibilities of City management and supervisors for handling situations involving employees who may be under the influence of drugs or alcohol in the workplace. I. BASIS FOR REQUIRING EXAMINATION Managers or supervisors may request that an employee submit to a drug and/or alcohol analysis when reasonable suspicion exists that an employee is intoxicated or under the influence of drugs or alcohol. "Reasonable suspicion" is a belief based on objective and specific facts sufficient to lead a reasonably prudent person to suspect than an employee is under the influence of drugs or alcohol to the extent that the employee's ability to perform the functions of the job appears to be impaired. For example, any combination of the following may constitute reasonable suspicion of substance abuse or other health related problem that requires attention: A. A Slurred or thick speech; B. Ordor of alcohol on breath; C. Inability to perform work properly; D. Physical altercation where blows are exchanged; E. Problems walking or other physical activity impairment; F. Unusual, anti -social behavior which is so unusual that it warrants summoning a supervisor or anyone else with authority; G. Possession of alcohol or drugs II. PHYSICAL EXAMINATION AND PROCEDURE A. The drug and/or alcohol analysis may test for any substance which could impair an employee's ability to safely perform the functions of his/her job, including, but not limited to prescription medications, heroin, cocaine and its derivatives, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids. B. A confirmatory analysis after an initial positive result will be conducted. The laboratory conducting the analyses will not release any information to the City until a confirmatory analysis is completed. -1- C. If the initial confirmatory drug screen is positive, the employee may request and the City will authorize that the split sample be re -tested at an independent laboratory, using gas chromatography or mass spectrophotometry methods. D. If there is "reasonable cause" to suspect an abuse of a prescription medication, that falls under the "Basis For Requiring Examination", then the individual involved can be required to undergo testing as specified in this policy. Furthermore, if the individual is under a doctor's care and taking medication, that individual may be required to produce proof of the prescription by the doctor within 72 hours. It is not the policy of the City of National City to require proof of prescription for every person that may take a prescription from time to time but to curb the abuse, and or illegal use of any substance in the workplace. In the event an employee is taking prescribed medication, it shall be the responsibility of the employee to notify his/her immediate supervisor of the prescription if the employee has reasonable knowledge of or should reasonably know that the medication being taken could adversely effect the employee in the performance of his/her duties. It shall not be necessary for the employee to disclose the purpose of the medication or the specific type of medication being taken. III. CONFIDENTIALITY Laboratory reports or test results shall not be recorded in an employee's personnel file but rather in a separate confidential medical folder contained within the office of the Program Coordinator or the Personnel Department. 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 employee consent, may also occur when: (1) the information is required by law or by judicial or administrative process; (2) the information has been ed at issue in a formal dispute .=tween the employer and employee; e information is needed medical personnel for the diagnosis ment of the employee whis unable to authorize disclosure. B. ROARK, Pr-sident, NCPOA President, NCFFA -2- irdrif . McCAB i�tMaY ger ROGER C. DeFRATIS, Chief Spokesperson