HomeMy WebLinkAbout01/04/1996, C-9 - DRUG AND ALCOHOL TESTING POLICYl��H� ►�►►►(VIIIIIIIIIP�'�u�(��pl city of San Luis OBispo
WAS COUNCIL AGENDA REPORT
FROM:
SUBJECT:
CAD RECOMMENDATION:
DISCUSSION:
BACKGROUND
ANN SLATE, DIRECTOR OF PERSON
MEETING DATE:
01/04/96
ITEM NWEIG7 B�gg
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DRUG AND ALCOHOL TESTING POLICY
ADOPT A RESOLUTION APPROVING A DRUG AND
ALCOHOL TESTING POLICY
In 1991, Congress passed the Omnibus Transportation Employee Testing Act. The
Act amended the Commercial Motor Vehicle Safety Act of 1986 by adding alcohol
testing and extending the earlier legislation's drug testing requirements to cover,
among other things, all drivers of commercial motor vehicles who hold commercial
driver's licenses. This legislation was in response to a series of accidents in the
transportation industry attributed to the impairment of vehicle operators that led to
a number of fatalities.
The Act generally requires pre - employment, reasonable suspicion, random, post -
accident, return -to -duty, and follow -up testing for alcohol misuse and use of controlled
substances. It also authorizes various agencies with the Department of Transportation
( "DOT ") to adopt regulations subjecting public agency employees (among others) who
drive commercial motor vehicles to breath and urine testing for alcohol misuse and use
of controlled substances. The Federal Highway Administration (FHWA) of the DOT
published regulations which require public employers who employ drivers of
commercial motor vehicles to develop and implement a comprehensive alcohol and
drug testing program. Likewise, the Federal Transit Administration (FTA) developed
regulations requiring transit operators to have a drug and alcohol testing program in
place.
This report will describe the basic elements of the Drug and Alcohol Testing Policy we
are recommending the Council approve and the steps the City has taken to comply
with these federal requirements.
THE POLICY
Who's covered?
Employees who are covered by this policy are those who: (1) have a commercial
driver's license; (2) drive a commercial motor vehicle; and (3) are performing "safety
sensitive" functions. For our purposes a "commercial motor vehicle" has a gross
vehicle weight rating of 26,001 or more pounds; or is designed to transport 16 or
more passengers, including the driver.
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COUNCIL AGENDA REPORT
Since SLO Transit drivers are employees of the contract transit operator,
Mayflower /Laidlaw has a drug and alcohol testing program which has been in place
for more than one year which covers transit employees. The City monitors
Mayflower /Laidlaw operations for compliance with all applicable federal regulations
and certifies to the FTA that the contractor is in compliance. By adopting a City drug
and alcohol testing policy for covered city employees, the City is able to further
ensure compliance with FTA and FHWA regulations which is a requirement for
agencies such as the City of San Luis Obispo who are recipients of federal
transportation funds.
In order for drivers to be covered by the policy, as mentioned above, they must be
performing "safety- sensitive functions." Basically, a "safety sensitive function"
means all time spent operating, loading or unloading, repairing, inspecting or
dispatching a commercial motor vehicle. The policy specifically outlines six functions
that the Act spells out as safety- sensitive.
What kinds of testing are required?
The Policy requires testing in five different situations: (1) drug testing only prior to
employment; (2) drug and alcohol testing after an accident where the accident results
in a fatality or the driver is cited for a moving violation; (3) drug and alcohol testing
when a supervisor (who is properly trained) has a reasonable suspicion that a driver
is under the influence of alcohol and /or a controlled substance right before, during or
right after on -duty work; (4) drug and alcohol testing on a random basis in which 50%
of the covered workforce are tested over a twelve month period for drugs and 25%
are tested for alcohol; and (5) drug and alcohol return -to -duty and follow -up testing,
where appropriate.
A driver who tests positive on a controlled substance test or has an alcohol
concentration of 0.02 or greater is prohibited from reporting for duty or remaining on
duty requiring the performance of safety- sensitive functions. The City's policy of
0.02 exceeds the 0.04 blood alcohol concentration required by FHWA regulations, and
clearly communicates the City's position of zero tolerance for drugs and alcohol in the
workplace.
Under these circumstances, the driver is referred to a substance abuse professional
who determines what assistance, if any, the employee needs in resolving problems
associated with alcohol misuse and controlled substance use. Before returning to
duty requiring the performance of safety- sensitive functions, the driver must undergo
and pass a return -to -duty test. The driver may also be required to successfully
complete a rehabilitation program prior to returning to the performance of safety -
sensitive functions. After the driver returns to work, he or she may be subject to
unannounced follow -up alcohol and drug testing. And, of course, an employee who
violates City policy may be subject to disciplinary action up to and including
termination.
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COUNCIL AGENDA REPORT
What must the Policy include?
The FHWA identifies specific areas that must be included in the policy and procedures
implementing the requirements of the drug and alcohol testing program. The proposed
policy contains the following required areas:
1. The identity of the person designated by the employer to answer driver
questions about the explanatory materials. (Personnel Director or City
Attorney)
2. The categories of drivers who are subject to the provisions of the FHWA
regulations.
3. Sufficient information about the safety- sensitive functions performed by drivers
to make clear when a driver is required to be in compliance with the federal
regulations.
4. Specific information concerning driver conduct that is prohibited by the federal
regulations.
5. The circumstances under which a driver will be tested for alcohol and /or drugs
under the federal regulations.
6. The procedures that will be used to test for the presence of alcohol and drugs,
protect the driver and the integrity of the testing processes, safeguard the
validity of the test results, and ensure that those results are attributed to the
correct driver.
7. The requirement that a driver submit to alcohol and drug tests administered in
accordance with the FHWA regulations.
8. An explanation of what constitutes a refusal to submit to an alcohol and /or
drug test and the attendant consequences.
9. The consequences for drivers found to have violated the drug and alcohol
testing requirements of the FHWA regulations, including the requirement that
the driver be removed immediately from safety- sensitive functions, and the
referral, evaluation, and treatment procedures.
10. The consequences for drivers found to have an alcohol concentration of 0.02
or greater, yet less than 0.04. (Our policy does not distinguish between 0.02
and 0.04. The consequences of an employee demonstrating an alcohol
concentration of 0.02 through 0.04 is the same as if he or she tested 0.04 or
greater.)
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A COUNCIL AGENDA REPORT page 4
11. Information concerning the effects of alcohol and drug abuse on an individual's
health, work and personal life; signs and symptoms of an alcohol and /or a drug
problem (the driver's or a coworker's); and available methods of intervening
when an alcohol and /or a controlled substance problem is suspected, including
confrontation, referral to the employee assistance program and /or referral to
management.
Other Reauirements
The FHWA regulations specify many other requirements with which employers must
comply. The subjects identified above are the areas that must appear in the policy
and procedures implementing the FHWA drug and alcohol testing program.
Furthermore, the regulations allow employers to impose additional requirements and
consequences than what the federal law requires. The City of San Luis Obispo wishes
to exercise this prerogative by including drivers of emergency fire vehicles that have
a gross vehicle weight rating of 26,001 or more among those employees covered by
this policy. Since the California Department of Motor Vehicles exempts firefighters
from the California Commercial Driver's License provisions, the FHWA is taking the
position that they will not enforce the regulations against firefighters. Regardless of
the FHWA's position, the City believes that all City drivers of commercial vehicles,
including those used in emergency situations, should be held to the high standards the
federal regulations were designed to ensure.
Prior to implementing the drug and alcohol testing requirements, the public employer
in California must provide notice to the affected associations and give them an
opportunity to meet and confer over the effects of implementation. Because of the
federal mandate, there is no obligation to bargain about the decision to implement the
policy (except, as noted above, with the Firefighters). The effects of the decision to
implement the policy as well as requirements which the City wishes to implement that
are in addition to what the federal law, requires (e.g. inclusion of firefighters), are
proper subjects for bargaining.
Toward that end, the City has met and conferred with the San Luis Obispo City
Employees Association and the Mid - Management Association who have reviewed and
agreed to the provisions of the drug and alcohol testing policy as proposed by the
City. Staff is continuing to meet and confer with the Firefighters' Association.
Effective, the first of January, 1996, the testing program will begin for those covered
employees in the general and mid - management employee associations.
The City, through the Central Coast Cities Self- Insurance Fund JPA, with whom we
administer our liability and workers' compensation insurance, has contracted with
Addiction Medicine Consultants (AMC) who will conduct the random testing and
training component of the program.
city of San WIS OBISpo
COUNCIL AGENDA REPORT
SUMMARY
The policy as proposed enables the City not only to comply with federal regulations
but also communicate clearly to the community it serves that the City is committed
to . maintaining a drug -free workplace. The City is also responsible to all of its
employees to maintain a safe, healthful and efficient working environment and to
protect City property, equipment and operations. The Drug and Alcohol Testing Policy
goes a long way to honoring those commitments.
FISCAL IMPACT
The costs associated with administering the drug and alcohol testing program are
estimated to be approximately $8,000 per year. Necessary funds were appropriated
as part of the two year financial planning process and are available in the Personnel
Department budget.
ATTACHMENTS
(A) Resolution
Exhibit "A ": San Luis Obispo Drug and Alcohol Testing Policy
S11:cc- drugal
ATTACHMENT A
RESOLUTION NO. (1996 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A DRUG AND ALCOHOL TESTING POLICY
WHEREAS, the City of San Luis Obispo is committed to maintaining a drug -free workplace and
complies with the Drug -Free Workplace Act of 1988, and
WHEREAS, the City of San Luis Obispo complies with the Omnibus Transportation Employee
Testing Act of 1991, and all rules and regulations established by the Federal Highway Administration
thereunder, and
WHEREAS, the City is responsible to all or its employees to maintain a safe, healthy and
efficient working environment and to protect City property, equipment and operations, and
WHEREAS, the San Luis Obispo City Employees Association and the San Luis Obispo City Mid-
Management Employees Association have reviewed the Drug and Alcohol Testing Policy and are in
agreement with and supportive of said policy;
NOW THEREFORE BE IT RESOLVED: that the City Council of the City of San Luis Obispo does
hereby approve the San Luis Obispo Drug and Alcohol Testing Policy, attached hereto as Exhibit 'A'
and incorporated herein by this reference.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of January, 1996.
ATTEST:
Kim Condon, Acting Clerk
*I I AESD&A
Mayor Allen Settle
APPROVED AS TO FORM:
L:rrrK� )3 rbillGa14
Jm Jeffrey T Jorgensen
_(- City Attorney
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II II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII City of San Luis Obispo
POLICY ON DRUG AND ALCOHOL TESTING
The City of San Luis Obispo is committed to maintaining a drug -free
workplace and complies with the Drug Free Workplace Act of 1988. The City also
complies with the Omnibus Transportation Employee Testing Act of 1991
( "OTETA ") and all rules and regulations established by the Federal Highway
Administration thereunder. The purpose of OTETA and its rules and regulations is
to help prevent accidents and injuries resulting from the misuse of alcohol and
controlled substances by drivers of commercial motor vehicles.
Employees should be aware that the City has established an Employee Assistance
Program to help employees who need assistance with alcohol and controlled
substance abuse. If an employee needs help, they should. call OHS at (800) 227-
1060 and inform them that they are an employee of the City of San Luis Obispo.
The City is responsible to all of its employees to maintain a safe, healthful and
efficient working environment and to protect City property, equipment and
operations. Accordingly, the City may take personnel action in appropriate cases
(See Section 1) in response to employees who violate OTETA, up to and including
separation from employment.
A. EMPLOYEE QUESTIONS:
Employees shall refer any questions regarding his /her rights and obligations
under this Policy to the Personnel Director or the City Attorney.
B. COVERED EMPLOYEES:
Employees in the job classifications listed in Attachment A are "covered
employees" and thus, are subject to all the provisions of this Policy.
An employee may be given a written exemption from this Policy signed by
the Personnel Director, if, although the employee's classification is listed in
Attachment A, the employee does not fall within the definition of "covered
employee" listed below.
Individuals who operate the following commercial motor vehicles are covered
employees:
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1) a vehicle with, a gross combination. weight of at least 26,001 pounds
inclusive of a towed unit with a gross vehicle weight rating of more
than 10,000 pounds;
2) a vehicle with a gross weight of at least 26,001 pounds;
3) a vehicle designed to transport 16 or more passengers, including the
driver; or
4) a vehicle used to transport those hazardous materials found in the
Hazardous Materials Transportation Act.
C. WHAT ARE SAFETY - SENSITIVE FUNCTIONS?
Covered employees may not be under the influence or in possession of
controlled substances or alcohol during work hours. Further, certain conduct
is prohibited (See Section D below) while performing and prior to performing
safety sensitive functions. The following are safety sensitive functions:
1) All time at a carrier or shipper, plant, terminal, facility, or other
property, waiting to be dispatched, unless the driver has been relieved
from duty by the employer.
2) All time inspecting equipment as required by the Federal Motor Carrier
Safety Regulations (FMCSRs), or otherwise inspecting, servicing, or
conditioning any commercial motor vehicle at any time.
3) All time spent at the driving controls of a commercial motor vehicle.
4) All time, other than driving time, spent on or in a commercial motor
vehicle (except for time spent resting in the sleeper berth).
5) All time loading or unloading a commercial motor vehicle, supervising,
or assisting in the loading or unloading, attending a vehicle being
loaded or unloaded, remaining in readiness to operate the vehicle, or
in giving or receiving receipts for shipments loaded or unloaded.
6) All time repairing, obtaining assistance, or remaining in attendance
upon a disabled vehicle.
D. PROHIBITIONS:
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The following conduct is prohibited by OTETA and is a violation of the City .
Personnel Rules and Regulations:
1) Reporting for duty or remaining on duty requiring the performance of
safety sensitive functions while having a alcohol concentration level of
0.02 or greater;
2) Performing a safety sensitive function within four hours of using
alcohol;
3) Being on duty or operating a vehicle described above, while
possessing alcohol;
4) Using alcohol while performing a safety sensitive function;
5) Reporting for duty or remaining on duty requiring the performance of
safety sensitive functions when the employee used any controlled
substances, except if the use is pursuant to the instructions of a
physician who has advised the employee that the substance does not
adversely affect the employee's ability to safely operate a vehicle;
6) Reporting for duty or remaining on duty requiring the performance of
safety sensitive functions if the employee tests positive for controlled
substances;
7) Refusing to submit to any alcohol or controlled substances test
required by this Policy. A covered employee who refuses to submit to
a required drug /alcohol test will be treated in the same manner as an
employee who tested 0.02 or greater on an alcohol test or tested
positively on a controlled substances test;
A refusal to submit to an alcohol or controlled substance test required
by this Policy includes, but is not limited to:
a) A refusal to provide a urine sample for a drug test;
b) An inability to provide a urine sample without a valid
medical explanation;
c) A refusal to complete and sign the breath alcohol testing
form, or otherwise to cooperate with the testing process
in a way that prevents the completion of the test;
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d) An inability to provide breath or to provide an adequate
amount of breath without a valid medical explanation;
e) Tampering with or attempting to adulterate the urine
specimen or collection procedure;
f) Not reporting to the collection site in the time allotted by
the supervisor or manager who directs the employee to
be tested;
g) Leaving the scene of an accident without a valid reason
as to why authorization from a supervisor or manager
who shall make a determine whether to send the
employee for a post- accident drug and /or alcohol test
was not obtained.
8) Consuming alcohol during the eight hours immediately following an
accident.
E. CIRCUMSTANCES UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE
IMPOSED ON COVERED EMPLOYEES:
1) Pre - Employmerit Drug Testing:
All applicants for classifications which are covered by this Policy (See
Section B) as well as all employees who transfer from classifications
which are not covered to classifications which are covered will be
required to submit to pre - employment /pre -duty drug testing.
Applicants will not be assigned to a safety sensitive position if they do
not pass the test.
2) Post - Accident Testing:
Post- Accident drug and alcohol testing will be conducted on covered
employees following an accident. Post - accident alcohol tests shall be
administered within two hours following an accident and no test may
be administered after eight hours. A post- accident drug test shall be
conducted within 32 hours following the accident.
An accident occurs when as a result of an occurrence involving the
vehicle an individual dies'or when a State or local law enforcement
authority issues a citation to the covered employee driver for a moving
violation arising from the accident.
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Note: If no citation is issued, each surviving driver who was
performing safety- sensitive functions with respect to the
vehicle, will be tested if the accident involved the loss of
human life.
3) Random Testing:
Covered employees will be subject to random alcohol and drug testing
as follows:
A random alcohol test will be administered just prior to the employee
performing a safety- sensitive function (e.g., driving), while the
employee is performing a safety- sensitive function, or just after the
employee has stopped performing a safety- sensitive function. The
City will subject at least 25% of the total number of covered
employees to random alcohol testing per year.
A random drug test will be administered to at least 50% of the total
number of covered employees per year. Some employees may be
tested more than once in a year, while others are not tested at all
depending on the random selection.
On the date an employee is selected for random drug testing, his /her
supervisor will ensure his /her duties are covered. The employee will
receive a written notice in the morning indicating the time he /she is to
report to the lab for testing.
4) Reasonable Suspicion Testing:
Covered employees are also required to submit to an alcohol or drug
test when a trained supervisor has reasonable suspicion to believe the
employee is under the influence of alcohol or controlled substances.
The observation must be based on short -term indicators, such as
blurry eyes, slurring, or alcohol on the breath. The supervisor may not
rely on long -term signs, such as absenteeism or tardiness, to support
the need for a reasonable suspicion test.
The reasonable suspicion alcohol test will be administered within two
hours of the observation. If not, the employer must provide written
documentation as to why the test was not promptly conducted. No
test may be administered after eight hours following the observation.
To ensure that supervisors are trained to make reasonable suspicion
determinations, supervisors vested with the authority to demand a
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reasonable suspicion drug and alcohol test will attend at least one
hour of training on alcohol misuse and at least one hour of training on
controlled substance use. The training will cover the physical,
behavioral, speech, and performance indicators of probable alcohol
misuse and use of controlled substances.
5) Return to Duty /Follow -up Testing:
A covered employee who has violated any of the prohibitions of this
Policy (See Section D) must submit to a return to duty test before
he /she may be returned to his /her position. The test result must
indicate an alcohol concentration of less than 0.02 or a verified
negative result on a controlled substance test. In addition, because
studies have shown that the relapse rate is highest during the first
year of recovery, the employee will be subject to follow -up testing
which is separate from the random testing obligation. The employee
will be subject to at least six unannounced drug /alcohol test during
the first year back to the safety- sensitive position following the
violation.
F. PROCEDURES TO BE USED FOR DETECTION OF DRUGS AND ALCOHOL:
1) Alcohol Testing:
Alcohol testing will be conducted by using an evidential breath test
device (EBT) approved by the National Highway Traffic Safety
Administration. Non -EBT devices may be used for initial screening
tests.
A screening test will be conducted first. If the result is an alcohol
concentration level of less than 0.02, the test is considered a negative
test. If the alcohol concentration level is 0.02 or more, a second
confirmation test will be conducted.
The procedures that will be utilized by the lab for collection and
testing of the specimen are attached to this Policy. (The City will
attach a copy of the collection and testing procedures published by
the lab. The procedures must comply with the regulations set forth at
49 C.F.R. Part 40.)
2) Drug Testing:
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Drug testing -will be conducted pursuant to the procedures attached to
this Policy.
a) The urine specimen will be split into two bottles labeled
as "primary" and "split" specimen. Both bottles will be
sent to the lab;
b) If the urinalysis of the primary specimen tests positive for
the presence of illegal, controlled substance, the
employee has 72 hours to request that the split specimen
be analyzed by a different certified lab;
c) The urine sample will be tested for the following:
marijuana, cocaine, opiates, amphetamines, and
phencyclidine;
d) If the test is positive for one or more of the drugs, a
confirmation test will be performed using gas
chromatography /mass spectrometry analysis;
e) All drug test results will be reviewed and interpreted by a
physician before they are reported to the employee and
then to the City;
f) With all positive drug test, the physician (a.k.a. medical
review officer [MRO)) will first contact the employee to
determine if there is an alternative medical explanation
for the positive test result. If documentation is provided
and the MRO determines that there was a legitimate
medical use for the prohibited drug, the test result may
be reported to the City as "negative."
G. REFUSAL TO SUBMIT TO AN ALCOHOL AND /OR DRUG TEST:
A covered employee who refuses to submit to any required drug /alcohol
testing will be treated in the same manner as an employee who tested 0.02
or greater on an alcohol -test or tested positively on a controlled substances
test. He /she shall be subject to the conditions as outlined in Section H
below. Additionally, the act of refusing to submit to any required
drug /alcohol test constitutes misconduct as set forth in Section I below and
may be handled accordingly.
H. CONSEQUENCES TO ENGAGING IN ANY GENERAL PROHIBITION:
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Any covered employee who engages in any action prohibited by this policy
under Section D will be subject to the following consequences:
1) The employee shall be removed from performing any safety- sensitive
functions;
2) The employee shall submit to an examination by a substance abuse
professional. Upon a determination by the substance abuse
professional, the employee may be required to undergo treatment for
his /her alcohol or drug abuse. The City is not required to pay for this
treatment;
3) The employee shall not be reassigned to safety- sensitive duties until
the employee meets the following conditions:
a. The employee is evaluated by a substance abuse professional;
b. The employee participates in a rehabilitation program if directed
by the substance abuse professional and the substance abuse
professional has determined that the employee has properly
followed the rehabilitation program;
C. The employee submits to a return -to -duty controlled substance
and /or alcohol test (depending on which test the employee
failed) which indicates an alcohol concentration level of less
than 0.02 or a negative result on a controlled substance test;
4) The employee will be required to submit to unannounced follow -up
testing after he /she has been returned to his /her safety- sensitive
position. (See Section E(5) above.)
I. PERSONNEL ACTIONS
Any covered employee who engages in an act prohibited by Section D
violates federal law and could be subject to federal penalties. Therefore,
employee violations of this program may constitute misconduct under the
City's Personnel Rules and Regulations. Consistent with the City's
practices, disciplinary action shall be considered on an individual basis,
taking into account the nature of the offense, the employee's previous work
and conduct record, the length of the service of the employee concerned
and any other pertinent information. In appropriate circumstances and solely
within its discretion, the City may consider the employee's commitment to
recovery and /or the employee's agreement to enter into a Last Chance
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agreement as mitigating factors in assessing the appropriate disciplinary
action.
J. INFORMATION CONCERNING THE EFFECTS OF ALCOHOL AND
CONTROLLED SUBSTANCE AND AVAILABLE METHODS OF
INTERVENTION:
Attached to this Policy are Fact Sheets, addressing the effects of alcohol
and the various controlled substances which are tested for under this Policy.
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ATTACHMENT A COVERED EMPLOYEE CLASSIFICATIONS
Arborist
Fire Captain
Fire Engineer
Fire Fighter
Fire Vehicle Mechanic
Heavy Equipment Mechanic
Heavy Equipment Operator I
Heavy Equipment Operator II
Maintenance Worker I
Maintenance Worker II - Parks
Maintenance Worker II - Streets
Maintenance Worker III - Parks
Maintenance Worker III - Streets
Streets Supervisor
Supervising Mechanic
Tree Trimmer I
Tree Trimmer II
Utility Worker II
Utility Worker III
Wastewater Collection Supervisor
Water Distribution Supervisor
Water Service Worker II
Water Service Worker III
Some positions within the above listed job classifications do not require the
incumbent to perform "safety sensitive functions," as set forth in Section C of this
Policy. The Personnel Department maintains, and will make available upon
request, a list of the specific positions within the above listed classifications that
are covered under the Federal Omnibus Transportation Employee Testing Act of
1991.
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ATTACHMENT B ALCOHOL FACT SHEET
Alcohol is a socially acceptable drug that has been consumed throughout the world
for centuries. It is considered a recreational beverage when consumed in
moderation for enjoyment and relaxation during social gatherings. However, when
consumed primarily for its physical and mood - altering effects, it is a substance of
abuse. As a depressant, it slows down physical responses and progressively
impairs mental functions.
Signs and Symptoms of Use
• Dulled mental processes
• Lack of coordination
• Odor of alcohol on breath
• Possible constricted pupils
• Sleepy or stuporous condition
• Slow reaction rate
• Slurred speech
(Note: Except for the order, these are general signs and symptoms of any
depressant substance.)
Health Effects
The chronic consumption of alcohol (average of three (3) servings per day of beer
[12 ounces], whiskey [1 ounce], or wine [6 ounce glass] over time, may result in
the following health hazards:
• Decreased sexual functioning
• Dependency (up to 10 percent of those who drink alcohol become physically
and /or mentally dependent on alcohol and can be termed "alcoholic ")
• Fatal liver diseases
• Increased cancers of the mouth, tongue, pharynx, esophagus, rectum,
breast, and malignant melanoma
• Kidney disease
• Pancreatitis
• Spontaneous abortion and neonatal mortality
• Ulcers
• Birth defects (up to 54 percent of all birth defects are alcohol related)
Social Issues
• Two - thirds of all homicides are committed by people who drink prior to the
crime.
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• Two to three percent of the driving population is legally drunk at any one
time. This rate is doubled at night and on weekends.
• Two - thirds of all Americans will be involved in an alcohol - related vehicle
accident during their lifetimes.
• The rate of separation and divorce in families with alcohol dependency
problems is seven times the average.
• Forty percent of family court cases are alcohol problem related.
• Alcoholics are fifteen times more likely to commit suicide than are other
segments of the population.
• More than sixty percent of burns, forty percent of falls, sixty -nine percent of
boating accidents and seventy -six percent of private aircraft accidents are
alcohol related.
The Annual Toll
• 24,000'people will die on the highway due to the legally impaired driver.
• 12,000 more will die on the highway due to the alcohol- affected driver.
• 15,800 will die in non - highway accidents.
• 30,000 will die due to alcohol- caused liver disease.
• 10,000 will die due to alcohol- induced brain disease or suicide.
• Up to another 125,000 will die due to alcohol - related conditions or
accidents.
Workplace Issues
• It takes one hour for the average person (150 pounds) to process one
serving of an alcoholic beverage from the body.
• Impairment in coordination and judgment can be objectively measured with
as little as two drinks in the body.
• A person who is legally intoxicated is six times more likely to have an
accident than a sober person.
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AMPHETAMINE FACT SHEET
Amphetamines are central nervous system stimulants that speed up the mind and
body. The physical sense of energy at lower doses and the mental exhilaration at
higher doses are the reasons for their abuse. Although widely prescribed at one
time for weight reduction and mood elevation, the legal use of amphetamines is
now limited to a very narrow range of medical conditions. Most amphetamines
that are abused are illegally manufactured in foreign countries and smuggled into
the U.S. or clandestinely manufactured in crude laboratories.
Description
• Amphetamine is sold in counterfeit capsules or as white, flat, double- scored
"minibennies." It is usually taken by mouth.
• Methamphetamine is often sold as a creamy white granular powder or in
lumps and is packaged in aluminum foil wraps or sealable plastic bags.
Methamphetamine may be taken orally, injected, or snorted into the nose.
• Trade /street names include Biphetamine, Delcobese, Desotyn, Detedrine,
Chetrol, Ritaline, Speed, Meth, Crank, Monster, Black Beauties, and Rits.
Signs and Symptoms of Use
• Hyperexcitability, restlessness
• Dilated pupils
• Increased heart rate and blood pressure
• Heart palpitations and irregular beats
• Profuse sweating
• Rapid respiration
• Confusion
• Panic
• Talkativeness
• Inability to concentrate
• Heightened aggressive behavior
Health Effects
• Regular use produces strong psychological dependence and increasing
tolerance to drug.
• High doses may cause toxic psychosis resembling schizophrenia.
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e- �=/`
• Intoxication may induce a heart attack or stroke due to spiking of blood
pressure.
• Chronic use may cause heart and brain damage due to severe constriction of
capillary blood vessels.
• The euphoric stimulation increases impulsive and risk - taking behaviors,
including bizarre and violent acts.
• Withdrawal from the drug may result in severe physical and mental
depression.
Workplace Issues
• Since amphetamines alleviate the sensation of fatigue, they may be abused
to increase alertness because of unusual overtime demands of failure to get
rest.
• Low -dose amphetamine use will cause a short-term improvement in mental
and physical functioning. With greater use or increasing fatigue, the effects
reverses and has an impairing effect. Hangover effect is characterized by
physical fatigue depression, which may make operation of equipment or
vehicles dangerous.
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e` lyl'�
COCAINE FACT SHEET
Cocaine is used medically as a local anesthetic. It is abused as a powerful physical
and mental stimulant. The entire central nervous system is energized. Muscles are
more tense, the heart beats faster and stronger, and the body burns more energy.
The brain experiences an exhilaration caused by a large release of neurohormone
associated with mood elevation.
Description
• The source of cocaine is the coca bush, grown almost exclusively in the
mountainous regions of northern South America.
• Cocaine Hydrochloride - "snorting coke" is a white to creamy granular or
lumpy powder before use. It is snorted into the nose, rubbed on the gums,
or injected in veins. The effect is felt within minutes and lasts forty to fifty
minutes per "line" (about sixty to ninety milligrams). Common paraphernalia
include a single -edged razor blade and a small mirror or piece of smooth
metal, a half straw or metal tube, and a small screw cap vial or folded paper
packet containing the cocaine.
• Cocaine Base - a small crystalline rock about the size of a small pebble. It
boils at a low temperature, is not soluble in water, and is up to ninety
percent pure. It is heated in a glass pipe and the vapor is inhaled. The
effect is felt within seven seconds. Common paraphernalia include a "crack
pipe" (a small glass smoking device for vaporizing the crack crystal) and a
lighter, alcohol lamp, or small butane torch for heating.
• Trade /street names include Coke, Rock, Crack, Free Base, Flake, Snow,
Smoke, and Blow.
Signs and Symptoms of Use
• Financial problems
• Frequent and extended absence from meetings or work assignment
• Increased physical activity and fatigue
• Isolation and withdrawal, from friends and normal activities
• Secretive behaviors, frequent nonbusiness visitors, delivered
packages, phone calls
• Unusual defensiveness, anxiety, agitation
• Wide mood swings
• Runny or irritated nose
• Difficulty in concentration
• Dilated pupils and visual impairment
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(-? -9 -1n9l I
• Restlessness
• Formication (sensation of bugs crawling on skin)
• High blood pressure, heart palpitations, and irregular rhythm
• Hallucinations
• Hyperexcitability and overreaction to stimulus
• Insomnia
• Paranoia and hallucinations
• Profuse sweating and dry mouth
• Talkativeness
Health Effects
• Research suggests that regular cocaine use may upset the chemical balance
of the brain. As a result, it may speed up the aging process by causing
irreparable damage to critical nerve cells. The onset of nervous system
illnesses such as Parkinson's disease could also occur.
• Cocaine use causes the heart to beat faster and harder and rapidly increases
blood pressure. In addition, cocaine causes spasms of blood vessels in the
brain and heart. Both effects lead to ruptured vessels causing strokes or
heart attacks.
• Strong psychological dependency can occur with one "hit" of crack.
Usually, mental dependency occurs within days (crack) or within several
months (snorting coke). Cocaine causes the strongest mental dependency
of any known drug.
• Treatment success rates are lower than for other chemical dependencies.
• Cocaine is extremely dangerous when taken with depressant drugs. Death
due to overdose is rapid. The fatal effects of an overdose are not usually
reversible by medical intervention. The number of cocaine overdose deaths
has tripled in the last four years.
• Cocaine overdose was the second most common drug emergency in 1986 -
up from 11"' place in 1980.
Workplace Issues
• Extreme mood and energy swings create instability. Sudden noises can
cause a violent reaction.
• Lapses in attention and ignoring warning signals greatly increase the
potential for accidents.
16
L'4Q.
The high cost of cocaine frequently leads to Wbrkol-cid6 thefi,aind/6.r dealing.
A developing paranoia anoia and withdraWal create unpr6didtable'and sometimes
Violent behavior.
Work performance it characterized by fbrgetfLilhe8s,, absenteeism, tardiness,
and missed assignments.
CANNABINOIDS (MARIJUANA) FACT SHEET
Marijuana is one of the most misunderstood and underestimated drugs of abuse.
People use marijuana for the mildly tranquilizing and mood- and perception - altering
effect it produces.
Description
• Usually sold in plastic sandwich bags, leaf marijuana will range in color from
green to light tan. The leaves are usually dry and broken into small pieces.
-The seeds are oval with one slightly pointed end. Less prevalent, hashish is
a compressed, sometimes tar -like substance ranging in color from pale
yellow to black. It is usually sold in small chunks wrapped in aluminum foil.
It may also be sold in an oily liquid.
• Marijuana has a distinctly pungent aroma resembling a combination of sweet
alfalfa and incense.
• Cigarette papers, roach clip holders, and small pipes made of bone, brass, or
glass are commonly found. Smoking "bongs" (large bore pipes for inhaling
large volumes of smoke) can easily be made from soft drink cans and toilet
paper rolls.
• Trade /street names include Marinol, THC, Pot, Grass, Joint, Reefer,
Acapulco Gold, Sinsemilla, Thai Sticks, Hash, and Hash Oil.
Signs and Symptoms of Use
• Reddened eyes (often masked by eyedrops)
• Slowed speech
• Distinctive odor on clothing
• Lackadaisical "I don't care" attitude
• Chronic fatigue and lack of motivation
• Irritating cough, chronic sore throat.
Health Effects
General
• When marijuana is smoked, it is irritating to the lungs. Chronic smoking
causes emphysema -like conditions.
• One joint causes the heart to race and be overworked. People with
undiagnosed heart conditions are at risk.
18
• Marijuana is commonly contaminated with the fungus Aspergillus, which can
cause serious respiratory tract and sinus infections.
• Marijuana smoking lowers the body's immune system response, making
users more susceptible to infection. The U.S. government is actively
researching a possible connection between marijuana smoking and activation
of AIDS in positive human immunodeficiency virus (HIV) carriers.
Pregnancy Problems and Birth Defects
• The active chemical, tetrahydrocannabinol (THC), and 60 other related
chemicals in marijuana concentrate in the ovaries and testes.
• Chronic smoking of marijuana in males causes a decrease in male sex
hormone, testosterone, and an increase estrogen, the female sex hormone.
The result is a decrease in sperm count, which can lead to temporary
sterility. Occasionally, the onset of female sex characteristics including
breast development occurs in heavy users.
• Chronic smoking of marijuana in females causes a decrease in fertility and an
increase in testosterone.
• Pregnant women who are chronic marijuana smokers have a higher than
normal incidence of stillborn births, early termination of pregnancy, and
higher infant mortality rate during the first few days of life.
• In test animals, THC causes birth defects, including malformation of the
brain, spinal cord, forelimbs, and liver and water on the brain and spine.
• Offspring of test animals who were exposed to marijuana have fewer
chromosomes than normal, causing gross birth defects or death of the fetus.
Pediatricians and surgeons are concluding that the use of marijuana by either
or both parents, especially during pregnancy, leads to specific birth defects
of the infant's feet and hands.
• One of the most common effects of prenatal cannabinoid exposure is
underweight newborn babies.
• Fetal exposure may decrease visual functioning and causes other ophthalmic
problems.
Mental Function
• Delayed decision- making
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C 9-02-f
Jr_
• Diminished concentration
• Impaired short-term memory, interfering with learning
• Impaired signal detection (ability to detect a brief flash of light), a risk for
users who are operating machinery.
• Impaired tracking (the ability to follow a moving object with the eyes) and
visual distance measurements
• Erratic cognitive function
• _..Distortions in time estimation
• Long -term negative effects on mental function known as "acute brain
syndrome," which is characterized by disorders in memory cognitive
function, sleep patterns, and physical condition.
Acute Effects
• Aggressive urges
• Anxiety
• Confusion
• Fearfulness
• Hallucination
• Heavy sedation
• Immobility
• Mental dependency
• Panic
• Paranoid reaction
• Unpleasant distortions in the body image
Workplace Issues
• The active chemical, THC stores in body fat and slowly releases over time.
Marijuana smoking has a long -term effect on performance.
• A 500 to 800 percent increase in THC concentration in the past several
years makes smoking three to five joints a week today equivalent to 15 to
40 joints a week in 1978.
• Combining alcohol or other depressant drugs and marijuana can produce a
multiplied effect, increasing the impairing effect of both the depressant and
marijuana.
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C �i -�
OPIATES (NARCOTICS) FACT SHEET
Opiates (also called narcotics) are drugs that alleviate pain, depress body function
and reactions, and, when taken in large doses, cause a strong euphoric feeling.
Description
• Natural and natural derivatives - opium, morphine, codeine, and heroin
• Synthetics - meperidine (Demerol), oxymorphone (Numorphan), and
oxycodone (Percodan)
• May be taken in pill form, smoked, or injected, depending upon the type of
narcotic used.
• Trade /street names include Smack, Horse, Emma, Big D, Dollies, Juice,
Syrup, and China White.
Signs and Symptoms of Use
• Mood changes
• Impaired mental functioning and alertness
• Constricted pupils
• Depression and apathy
• Impaired coordination
• Physical fatigue and drowsiness
• Nausea, vomiting, and constipation
• Impaired respiration.
Health Effects
• IV needle users have a high risk for contracting hepatitis and AIDS due to
the sharing of needles.
• Narcotics increase pain tolerance. As a result, people could more severely
injure themselves or fail to seek medical attention after an accident due to
the lack of pain.
• Narcotics' effects are multiplied when used in combination with other
depressant drugs and alcohol, causing increased risk for an overdose.
21
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Social Issues
• There are over 500,000 heroin addicts in the U.S., most of whom are IV
needle users.
• An even greater number of medicinal narcotic- dependent persons obtain their
narcotics through prescriptions.
• Because of tolerance, there is an ever - increasing need for more narcotic to
produce the same effect.
• Strong mental and physical dependency occurs.
• The combination of tolerance and dependency creates an increasing financial
burden for the user. Costs for heroin can reach hundreds of dollars a day.
Workplace Issues
• '.Unwanted side effects such as nausea, vomiting, dizziness, mental clouding,
..and drowsiness place the legitimate user and abuser at higher risk for an
accident.
• Narcotics have a legitimate medical use in alleviating pain. Workplace use
may cause impairment of physical and mental functions.
22
c- y -aZ?
N
PHENCYCLIDINE (PCP) FACT SHEET
Phencyclidine (PCP) was originally developed as an anesthetic, but the adverse side
effects prevented its use except as a large animal tranquilizer. Phencyclidine acts
as both a depressant and a hallucinogen, and sometimes as a stimulant. It is
abused primarily for its variety of mood - altering effects. Low doses produce
sedation and euphoric mood changes. The mood can change rapidly from sedation
to excitation and agitation. Larger doses may produce a coma -like condition with
muscle rigidity and a blank stare with the eyelids half closed. Sudden noises or
physical shocks may cause a "freak out" in which the person has abnormal
strength, extremely violent behavior, and an inability to speak or comprehend
communication.
Description
• PCP is sold as a creamy, granular powder and is often packaged in one -inch
square aluminum foil or folded paper "packets."
• It may be mixed with marijuana or tobacco and smoked. It is sometimes
combined with procaine, a local anesthetic, and sold as imitation cocaine.
• Trade /street names include Angel Dust, Dust, and Hog.
Signs and Symptoms of Use
• Impaired coordination
• Severe confusion and agitation
• Extreme mood shifts
• Muscle rigidity
• Nystagmus (jerky eye movements)
• Dilated pupils
• Profuse sweating
• Rapid heartbeat
• Dizziness
Health Effects
• The potential for accidents and overdose emergencies is high due to the
extreme mental effects combined with the anesthetic effect on the body.
• PCP is potentiated by other depressant drugs, including alcohol, increasing
the likelihood of an overdose reaction.
23
0 -S'a5
A
• Misdiagnosing the hallucinations as LSD induced, and then treating with
thorazine, can cause a fatal reaction.
• Use can cause irreversible memory loss, personality changes, and thought
disorders.
• There are four phases to PCP abuse. The first phase is acute toxicity. It
can last up to three days and can include combativeness, catatonia,
convulsions, and coma. Distortions of size, shape, and distance perception
are common. The second phase, which does not always follow the first, is
a toxic psychosis. Users may experience visual and auditory delusions,
paranoia, and agitation. The third phase is a drug- induced schizophrenia that
may last a month or longer. The fourth phase is PCP - induced depression.
Suicidal tendencies and mental dysfunction can last for months.
Workplace Issues
• PCP abuse is less common today than in recent years. It is also not
generally used in a workplace setting because of the severe disorientation
that occurs.
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C -/r-3C
MEMORANDUM
MEEK 1' AGENDA
DATE i ' ITEM #
January 4, 1996
TO: City Council MembersL�
VIA: John Dunn, City Administrative Officer
FROM: Wendy George, Assistant to the CAO W
SUBJECT: Agenda Item on Drug and Alcohol Testing
As indicated in the staff report on the City's proposed Drug and Alcohol Testing Policy, the
City has met and conferred with all associations affected by the policy. We reached
agreement with two of the associations, but have not yet done so with the Firefighters.
Reaching agreement with the Firefighters' Association is more difficult because they are
exempted from the federal law requiring drug testing. Therefore, even though we believe
that it is appropriate for members of the Firefighters' Association to be subject to the same
testing procedures as other employees covered under the law, we are required to negotiate
the whole policy, not just those aspects of it which exceed the federal law.
To date, we have been unsuccessful in reaching agreement with the Association on the
scope of the policy, although it has conceptually agreed that its members should be covered
by some sort of drug and alcohol policy. Staff intends to meet with the Council in closed
session in the near future to discuss in more detail the status of our negotiations.
In the meantime, we are providing you with an updated Attachment A to the Drug and
Alcohol Testing Policy which deletes the fire. positions from the "Covered Employee"
classification since we have not yet completed the meet and confer process with their
Association.
E rCOUNCIL CD p
e'CAO
❑ FIN DIR
L3'ACAO
8 -1-IRE CHIEF
&ATTORNEY
❑ PW DIR
❑'CLERIGORIG
❑ POLICE CH!
❑ MCWr TEAM
❑ REC DIR
❑ C LE ❑ UTIL DIR
"ERS DIR
ATTACHMENT A COVERED EMPLOYEE CLASSIFICATIONS
Arborist
Fire Vehicle Mechanic
Heavy Equipment Mechanic
Heavy Equipment Operator I
Heavy Equipment Operator II
Maintenance Worker I
Maintenance Worker II - Parks
Maintenance Worker II - Streets
Maintenance Worker III - Parks
Maintenance Worker III - Streets
Streets Supervisor
Supervising Mechanic
Tree Trimmer I
Tree Trimmer II
Utility Worker II
Utility Worker III
Wastewater Collection Supervisor
Water Distribution Supervisor
Water Service Worker II
Water Service Worker III
Some positions within the above listed job classifications do not require the
incumbent to perform "safety sensitive functions," as set forth in Section C of this
Policy. The Personnel Department maintains, and will make available upon
request, a list of the specific positions within the above listed classifications that
are covered under the Federal Omnibus Transportation Employee Testing Act of
1991.
10