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Comprehensive Drug and Alcohol Abuse Policy (PER-12, Rev. 4)CITY O F DE LRA Y BEA C H A D M IN IS TRATIV E PO LI C IE S AND PRO C E DURES DEPARTMENT: SUBJECT: REVISION: APPROVED BY: PURPOSE Human Resources POLICY NUMBER: Comprehensive Drug &Alcohol SUPERSEDES: Abuse PER-12 PER-12 Rev.3 Terrence Moore,City Manager As part of our commitment to safeguard the health of our employees,and to provide a safe work environment while promoting a drug-free workplace,we have established this policy dealing with the problem of drug and alcohol abuse.Substance abuse,while at work or otherwise,seriously endangers the safety of employees as well as the general public,and creates a variety of workplace problems including increased injuries on the job,absenteeism,increased health care and benefit costs,theft,decreased morale,decreased productivity,and a decline in the quality of services provided.This policy is established to detect and remove users and abusers of drugs and alcohol.It is also the City of Delray Beach's policy to prevent the use and/or presence of these substances in the workplace and to assist employees in overcoming any dependence on drugs and/or alcohol in accordance with the following guidelines. Employees covered by collective bargaining agreements will follow the Comprehensive Drug and Alcohol Policy and Procedure contained in their contract. DEFINITIONS For purposes of this policy the following definitions apply: A."Alcohol"means ethyl alcohol (ethanol)including a distilled spirit,wine,a malt beverage,or an intoxicating liquor. B."Alcohol Abuse"means the use or being under the influence of alcohol or alcoholic beverages on the job by City Employees.Alcohol use while at work C."Drugs"means an amphetamine;a cannabinoid;cocaine;phencyclidine (PCP);a hallucinogen; methaqualone;an opiate;a barbiturate;a benzodiazepine;a synthetic narcotic;a designer drug;or a metabolite of any of the substances listed in this paragraph. D."Drug Abuse"is the use of any controlled substance;including the commission of any act prohibited by Chapter 893,Florida Statutes;not possessed or taken in accordance with a lawful prescription;provided,however,drug abuse shall also include the misuse of prescription and over the counter medication/drugs which have an adverse affect on employee performance. E."Initial Drug Test"means a sensitive,rapid and reliable procedure to identify negative and presumptive positive specimens,usually during a chemical procedure or a more accurate scientifically accepted method approved by the United States Food and Drug Administration or the Agency for Health Care Administration. Comprehensive Drug and Alcohol Abuse Policy PER-12 Rev.4 Page 2 of 10 F."Collection Site"means a place where employees present themselves for providing a specimen to be analyzed for the presence of drugs.The collection site will be a separate and independent entity from the laboratory and/or the medical review offices. G."Confirmation Drug Test"means a second analytical procedure run on a sample that was positive on the initial screening test.The second analytical procedure must be used to identify the presence of a specific drug or metabolite in a specimen.The confirmation method must be capable of providing requisite specificity and quantitative accuracy.The confirmation test for alcohol will be gas chromatography and the confirmation test for all drugs will be gas chromatography/mass spectrometry. H."Medical Review Officer"or MRO means a licensed physician,contracted by the City,who is responsible for receiving and reviewing all confirmation results from a laboratory.The MRO is responsible for contacting all employees who have tested positive to inquire about possible prescription or over-the-counter medication that could have caused a positive test result.The MRO must have knowledge of substance abuse disorders,and have the appropriate medical training to interpret and evaluate a positive test result with prescription or other relevant medical information. The choice of a qualified MRO shall be determined by the City,providing that no conflict of interest exists with current medical/physical practices.The MRO selected by the City shall be a separate and independent entity from the authorized collection site and/or laboratory.The MRO shall maintain the qualifications as established in Chapter 59A-24.008 {I)(a)-(e),Florida Administrative Code and insure testing and analysis compliance in accordance with Chapter 59A-24.006,Florida Administrative Code (R.2000). I."Laboratory"means a facility licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24.006,Florida Administrative Code (R.2000)and shall be selected by the City. The laboratory will be a separate and independent entity from the authorized collection site and/or the MRO. J."On Duty"means the time during which an employee is scheduled to work/is on the premises, including lunch periods and breaks when an employee is scheduled to return to work,and periods during which the employee must be available to work,such as when on-call. K."Prescription Medication"means a drug or medication obtained pursuant to a prescription as defined by Section 893.02 (19). L."MRO Contact"-the City Human Resources Director shall be designated as the contact person for receiving communication from the MRO reporting positive and/or negative test results.The Human Resources Director shall comply with employee protection and confidentiality provisions as established in this policy,and to the extent provided by law. M."Reasonable Suspicion Drug Testing"means drug testing based on a belief that an employee is using drugs or alcohol in violation of the City policy determined from specific and articulable facts and reasonable inferences drawn from those facts.It is an opinion,which a reasonable person would form,based upon observation and/or testimony from credible sources.Observation includes but is not limited to,sensory facts (what a person saw,heard,smelled,tasted or touched). Reasonable suspicion must be based upon the observation of two corroborating witnesses whenever reasonably possible and reported in writing to the Department Head or his/her designee. A copy of this documentation shall be given to the employee prior to testing.The written document shall include the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant testing. N."Prohibited Actions"-The following actions are prohibited and will subject an employee to disciplinary action up to and including termination.The use or being under the influence of,or possession of illegal drugs or alcohol,on the job by City Employees is strictly prohibited.Off-duty Comprehensive Drug and Alcohol Abuse Policy PER-12 Rev.4 Page 3 of 10 drug or alcohol abuse is also prohibited if it is determined by the City Manager or designee to be adversely affecting the employee's job performance or representing a threat to the safety of the employee,his/her coworkers,or the public,or the off-duty conduct is unbecoming to public employment. POLICY -TESTING A.Authority to test -the City has the authority to require employees to submit to testing for the presence of alcohol or drugs as defined in this policy. B.Types of Tests -the City may conduct the following types of tests to maintain a drug free workplace program. 1.Job Applicant for mandatory testing position -Applicants for safety sensitive positions with the City must pass a pre-employment drug/alcohol test before he or she is hired as an employee and before completing the City's orientation process.The list of safety sensitive positions would include,but are not limited to,a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm,perform life-threatening procedures,work with heavy or dangerous machinery,work as a safety inspector,work with children,work with confidential information or documents pertaining to criminal investigations,work with controlled substances,a job assignment that requires an employee security background check,pursuant to F.S.110.1127,or a job assignment in which a momentary lapse in attention could result in injury or death to another person. Based on the requirements provided in F.S.110.1127,the list of positions that will require a pre- employment drug/alcohol test is maintained by Human Resources.The applicants whom the City intends to hire will be given a conditional offer of employment and requested to submit to a drug/alcohol test.Refusal to submit to the drug and /or alcohol test or a positive confirmed test result will result in rejection of the applicant for employment at that time.The City may choose not to perform alcohol testing for some classifications. 2.Annual physical -Alcohol and drug testing are components of any annual scheduled medical physical. 3.Reasonable Suspicion -The City may require an employee to submit to reasonable suspicion drug testing.A supervisor's reasonable suspicion must be based upon their observation and that of a corroborating witness whenever reasonably possible and reported in writing to the Department Head or his/her designee.The form in Appendix 1 of this policy,"Supervisor Documentation of Observed Behavior"will be used for this purpose and each witness will sign and submit his or her own form to Human Resources.A copy of this documentation shall be given to the employee prior to testing.The written document shall include the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant testing. 4.Post Accident Testing -If an employee is involved in an on-the-job accident or a vehicle accident in which the employee was driving a City vehicle,and any one of the following occurs: •An individual dies •An individual suffers an injury and immediately receives medical treatment away from the accident scene •One or more vehicles incur disabling damage as a result of the occurrence and are transported away from the scene by tow truck or other vehicle.Disabling damage does not include damages that could be remedied temporarily at the scene of occurrence without special tools or parts;tire disablement without further damage if no spare tire is available;or damage to headlights,taillights,turn signals,horns,or windshield wipers. Comprehensive Drug and Alcohol Abuse Policy PER-12 Rev.4 Page 4 of 10 5.Follow up Testing-an employee who is returned to work upon successful completion of a rehabilitation program shall be placed on evaluation status for one (1)year following his/her return to City employment.During the one-year evaluation period,the City may require the employee to take a minimum of four unannounced blood or urine tests for the presence of drugs or alcohol.If at any time during the evaluation period the employee's blood or urine is found to contain alcohol or drugs,the employee shall be subject to disciplinary action,up to and including termination. C.Refusal to Test -An employee that refuses to submit to alcohol and drug testing as established in this Policy may be subject to disciplinary action up to and including termination. D.Transportation -Employees who are being required to submit to reasonable suspicion,post- accident or follow-up testing must be transported and accompanied to the collection site by a supervisor.If the rapid test result is negative,the employee may return to work as scheduled or as directed by the doctor,if injured.If the rapid test result is positive,the employee shall be transported to their place of residence by a supervisor. E.Location of Collection Sites -Supervisor instructions for location of collection sites is contained in Appendix 3 of this policy. PROCEDURE -COLLECTION SITES,COLLECTION PROCEDURES,LAB PROCEDURES A.Collection Site and Specimen Collection Procedures including the Designation of Collection Sites,Chain of Custody Form and Procedures,Security Procedures and Specimen Collection (access to authorized personnel only,privacy,and integrity and identity of specimen)shall be in accordance with Chapter 59A-24.005,Florida Administrative Code (R.2000). B.Collection Site Personnel-a specimen for a drug test may be taken or collected pursuant to Section 59A-24.006,Florida Administrative Code. C.Prior to any collection of specimens,the Employer shall provide a form for the employee to provide any information he or she considers relevant to the drug test,including identification of currently or recently used prescription or non-prescription medication or other relevant medical information. Such form shall provide notice of the most common medication by brand name or common name as applicable,as well as chemical name,which may alter or affect a drug test.The information provided shall be reviewed by the Medical Review Officer (MRO)in interpreting any positive confirmed results. D.Drug Testing Laboratories shall be licensed by the Agency for Health Care Administration in accordance with Chapter 59A-26.006,Florida Administrative Code (R.2000)in order to collect or analyze specimens for the City's drug testing policy and shall comply with the provisions of Chapter 483,Part I,Florida Statutes.The City shall provide employees with the name,address and telephone number of the laboratory contracted by the City to perform drug testing.Drug Testing Laboratories policy and procedure including laboratory personnel,training of laboratory personnel, laboratory personnel files,and specimen security and analysis procedures shall be in accordance with Chapter 59A-24.006,Florida Administrative Code (R.2000). E.Laboratory Assistance -the approved laboratory shall provide technical assistance to the MRO employee for the purpose of interpreting any positive confirmed test results. F.Initial Test -the initial screen for all drugs shall be an immunoassay except that the initial test for alcohol shall be an enzyme oxidation methodology.The City shall comply with initial drug testing parameters as in Chapter 59-A24.006 (4)(e)I,Florida Administrative Code (R.2000),as may be amended from time to time. Comprehensive Drug and Alcohol Abuse Policy PER-12 Rev.4 Page 5 of 10 G.Confirmation Test -all specimens identified as presumptively positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MSO),except alcohol will be confirmed using gas chromatography.The City shall comply with confirmation drug testing parameters as established in Chapter 59A-24.006 (4)(f),Florida Administrative Code (R.2000)as may be amended from time to time. PROCEDURE -RELEASE OF RESULTS A.The laboratory shall report test results to the MRO within a reasonable time after receipt of the specimen by the laboratory. B.The laboratory shall report as negative to the MRO all specimens which are negative on the initial test or are negative on the confirmation test.The laboratory will not administer a confirmation test if the initial test is negative.Only specimens which are confirmed as positive on the confirmation test shall be reported to an MRO and only for the specific drug involved. C.The MRO,the City's MRO contact,and/or the tested employee may request from the laboratory, and the laboratory shall provide,a detailed quantification of the initial and confirmation test results. The records are,to the extent permitted by law,to be considered medical records subject to federal law and the laws of the State of Florida. D.The laboratory shall transmit results to the MRO in a manner designed to insure confidentiality of the information.The laboratory and MRO must insure the security of the data transmission,storage, and retrieval system to only those authorized under Chapter 59A-24,Florida Administrative Code, to obtain such information. E.The MRO will also verify that positive and negative test results were properly analyzed and handled. The MRO shall evaluate the drug test results by checking the chain of custody form to ensure that the specimen was collected,transported and analyzed under proper procedures as set forth in this policy. F.The MRO will initially notify the employee of a confirmed positive test result within a reasonable period of time of receiving the test result from the laboratory.The MRO shall provide opportunity for the employee to discuss the results and to submit documentation of any information relevant to the positive test results.The MRO will then determine if any alternate medical explanations caused a positive test result. G.If the alternate medical explanation for a positive test result is accepted by the MRO,the test result will be reported to the designated representative as negative. H.The MRO will communicate and provide a copy of the test results to the City's MRO contact and to the employee.The test results shall be communicated only after the MRO has verified that the positive and/or negative test results were properly handled and analyzed. PROCEDURE -CHALLENGES TO TEST RESULTS A.After receipt by the City of a positive confirmed test result from the MRO,the employee may request a retest of the original specimen at another laboratory,mutually selected by the City and the employee.Provided however,an employee's request for a retest shall be processed only if the request is in writing and is received by the City no later than ten (10)days after the employee's receipt of notification of the positive test result.The requesting employee shall be required to pay for the cost of the retest,including handling and shipping expenses.Upon notice from the City that the employee has timely requested a retest,the MRO shall contact the original testing laboratory to initiate the retest.The laboratory performing the retest shall comply with the drug testing Comprehensive Drug and Alcohol Abuse Policy PER-12 Rev.4 Page 6 of 10 parameters set forth in Section PER 12.3 above,and shall report the test results to the MRO within a reasonable time after receipt of the specimen from the original laboratory.If the retest results are negative,the City will accept the results and will reimburse the employee for the costs of the retest, including handling and shipping expense. B.When an employee challenges the results of testing,it shall be the employee's responsibility to notify the laboratory in writing of such challenge.Upon such notification,the laboratory shall be required to retain the sample indefinitely until the challenge is settled.Further,the laboratory shall retain all positive confirmed specimens for at least one (1)year from the date of initial testing. C.All documents and records with regard to the drug testing of an employee will be expunged from an employee's file if the employee is cleared through an administrative or legal challenge;and/or in the case of reasonable suspicion drug testing or split sample testing,if the employee's test results are negative. D.Nothing in this drug testing policy shall be construed to eliminate or diminish any right provided to the employee and/or the City. CONSEQUENCES OF POSITIVE TESTS AND OPPORTUNITIES FOR REHABILITATION A.The City may place an employee who is tested for fitness for duty,reasonable suspicion,post- accident drug testing,or whose drug test results are positive as part of their annual physical examination,on administrative leave with pay until the City receives the final test results from the MRO.If the results are confirmed positive,the employee will be required to reimburse the leave time,utilizing available sick or vacation time. B.Probationary employees whose blood or urine is found to contain illegal drugs,or who have been found to have used or been under the influence of drugs or alcohol while on duty shall be terminated. C.A non-probationary employee who has tested positive through the confirmation testing process may be given the opportunity to enter a program of rehabilitation for alcohol and/or drug abuse.Such employee will sign an Employee Rehabilitation Agreement (Appendix 2)and will be referred to the City's Employee Assistance Program (E.A.P.).The E.A.P.administrator will determine the appropriate rehabilitation program.Should the administrator recommend treatment that would require the employee to be absent from his/her job,the employee may request a leave of absence under the Family and Medical Leave Act (Administrative Policy and Procedure EB-16). Upon notification from the EAP Administrator that the employee may return to work,the employee shall be returned to City employment in the same or similar position to the one which the employee occupied before his or her leave of absence at the same rate of pay as if the employee did not take such leave of absence.Prior to resuming employment with the City,the employee shall be subject to a blood or urine test for the presence of alcohol and/or drugs.Follow up testing shall be conducted as stated in Section 12.2,B.5. D.If the employee fails to enter or complete a rehabilitation program,the employee may be subject to discipline up to and including termination. E.Employees will have only one opportunity for rehabilitation.Any positive tests for drugs or alcohol at any time in the future will result in termination. Comprehensive Drug and Alcohol Abuse Policy PER-12 Rev.4 Page 7 of 10 EMPLOYEE PROTECTION A.All employees may,upon request,have a witness present during the testing procedure,provided the test will not be delayed more than thirty (30)minutes while waiting for such witness. B.The City will not discharge,discipline,or discriminate against an employee upon the employee voluntarily seeking treatment while under the employment of the City,for an alcohol/drug related problem.This protection shall not apply to employees who have failed a drug test given as a part of this policy. EDUCATION A The City must inform employees about any employee assistance programs that the City may have available.The Human Resources Department will be responsible for providing the names,address and telephone number of an employee assistance program available to the employees.This information is to assist employees in identifying personal and emotional problems,which may result in the misuse of alcohol or drugs. B.The City must provide training to all supervisors which will enhance their knowledge and skills in interpreting and administering the provisions of this policy. CONFLICT WITH OTHER LAWS A.All specific references in this policy to Chapter 59A-24,Florida Administrative Code,as may be amended from time to time are to be followed to the extent applicable and not in conflict with other provisions of this policy or federal or state law. Comprehensive Drug and Alcohol Abuse Policy PER-12 Rev.4 Page 8 of 10 Appendix 1 SUPERVISOR DOCUMENTATION OF OBSERVED BEHAVIOR EMPLOYEE NAME ------------ TIME OF OBSERVATION:FROM ----- DESCRIPTION OF EVENTS ----------------------- REQUEST REASONABLE SUSPICION TEST FOR:DRUGS ALCOHOL BOTH I CIRCLE ALL THAT APPLY.PROVIDE COMMENTS,USE REVERSE AS NEEDED DTE TO:---------- OBSERVATION COMMENTS 1.Odor of Alcohol?YES NO 2.Speech Incoherent Confused Slurred Whispering Silent Shouting 3.Balance Swaying Staggering Uncoordinated 4.Walking Stumbling Swaying Arms Raised Reaching for support 5.Standing Feet wide apart Sagging at knees Rigid 6.Eyes Blood shot Closed Dilated pupils Pinned pupils Droopy Glassy Watery 7.Face Flushed Pale Sweaty 8.Demeanor Crying Angry Excited Combative Fearful 9.Awareness Confused Sleepy Paranoid 10.Other WITNESS NAME WITNESS SIGNATURE DATE TIME ORIGINAL:HUMAN RESOURCES COPY:EMPLOYEE DEPARTMENT HEAD Comprehensive Drug and Alcohol Abuse Policy PER-12 Rev.4 Page 9 of 10 Appendix 2 EMPLOYEE REHABILITATION AGREEMENT This agreement is entered into on this day of,20 between employee ______________and the City of Delray Beach in accordance with PER-12, Comprehensive Drug &Alcohol Abuse Policy. As a condition of my continued employment with the City of Delray Beach,I agree to the following as a result of a positive test for alcohol and/or drugs: 1.I agree to enter and successfully complete any and all rehabilitation programs designed for me by the City of Delray Beach Employee Assistance Program (EAP)Administrator and/or a Substance Abuse Professional. 2.I agree to comply with a minimum of four unannounced follow-up drug and alcohol testing at the City's discretion for a period of one year from the date of this agreement.I understand that in the event I test positive for alcohol or drugs my employment shall be terminated. 3.I understand that this is my one and only opportunity for rehabilitation.I agree that if I test positive for drugs or alcohol at any time in the future,my employment with the City will be terminated 4.I agree to satisfactorily perform my duties as d d further described in my job description,which is attached to this agreement. 5.I authorize the exchange of information between my treatment provider and the City's Human Resources Director or his/her designee. 6.I agree and understand that in the event that I fail to comply with any of the above stated conditions, my employment with the City of Delray Beach will be terminated. 7.I understand that this agreement shall not be construed as relieving me of any duty,obligation,or condition of employment with the City of Delray Beach. 8.I have had the opportunity to read the above conditions,understand the above conditions,and consent to this agreement as a condition of my continuing employment with the City of Delray Beach. Employee Name Human Resources Name Employee Signature Human Resources Signature Date Date STATE OF FLORIDA COUNTY OF PALM BEACH Subscribed and duly sworn to before me by the above name applicant,this day of __________AD 20 __in the City of Delray Beach,County of Palm Beach,and State of Florida. My commission expires:_ Notary Public Comprehensive Drug and Alcohol Abuse Policy PER-12 Rev.4 Page 10 of 10 Appendix 3 AUTHORIZED COLLECTION SITES FOR DRUG AND ALCOHOL TESTING SUPERVISOR INSTRUCTIONS 1.The supervisor will notify Human Resources of the need for all drug and alcohol tests.If the need occurs outside of normal business hours,the supervisor must notify the Human Resources department by voice mail (561-243-7127)of all after-hours drug and alcohol tests. 2.For all reasonable suspicion testing and post-accident testing for employees who do not require medical care,the supervisor will transport the employee to: City of Delray Beach Employee Wellness Center 525 NE 3"Avenue Delray Beach,FL 33444 561-243-7612 3.Employees involved in an on-the-job or vehicle accident who require minor medical care will be transported to Concentra Urgent Care.Drug and alcohol tests will be administered there. Concentra Urgent Care 1786 NW Boca Raton Blvd Boca Raton,FL 33432 561-368-6920 4.In the event the Employee Wellness Center is closed,or the need for testing occurs after normal business hours,or the employee has been transported to a hospital,the supervisor will contact: Absolute HR Screening Solutions (561)568-9827 (877)873-4777 Email Address:nancy.odette@absolutehrss.com Once the call is placed,a certified collector will respond to the location address provided,including local hospitals.The collector will make every effort to be present within one hour.If the collector is not able to make the one-hour cut-off,the contact person will be notified and an estimated time of arrival will be provided.A 10-panel urine test and breath alcohol test will be administered.