HomeMy WebLinkAboutReso 10-17 Drug Free WorkplaceRESOLUTION NO. 10-17
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ESTABLISHING ADRUG-FREE WORKPLACE POLICY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Morro Bay Municipal Code ("MBMC") Section 2.32.050 authorizes the
City Council to adopt and amend Personnel Rules and Regulations governing the City of
Morro Bay personnel system; and
WHEREAS, drug and alcohol use in the workplace can impact safety and efficiency;
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WHEREAS, aDrug-Free Workplace Policy was implemented administratively in 2012,
but not adopted by the City Council; and
WHEREAS, the Drug -Free Workplace Policy should be updated to reflect changes in
the law since 2012; and
WHEREAS, the City's recognized bargaining units, the Service Employees
International Union ("SEIU"), the Police Officers Association ("POA"), and the Morro Bay Fire
Fighters Association ("MBFFA") were provided copies of the proposed revisions, with the
offer to meet and confer; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay
does hereby adopt the attached Drug -Free Workplace Policy to establish workplace policies
prohibiting substance abuse, alcohol and illegal drug use while performing work or volunteer
activities for the City, and establishing drug test policies; and
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 14th day of March, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
TTEST�-,
Irons, Davis, Headding, Makowetski, McPherson
None
None
None
SWANSON, City Clerk
1
IE L. IRONS, Mayor
I.
II.
PURPOSE
CITY O F M O RRO BAY
DRUG-FREE WORKPLACE POLICY
The purpose of this policy is to maintain a workplace that is free of drugs and alcohol
and to discourage drug and alcohol abuse by employees and volunteers. There is a
vital interest in maintaining safe and efficient working conditions for employees and
volunteers. Substance abuse is incompatible with health, safety, efficiency, and
success. Employees, who are under the influence of alcohol, or who have any illegal
drugs in their system, or who misuse and abuse legal drugs, as defined in this policy,
while conducting or performing business, endanger their own health and safety, and
the health and safety of others, and can cause a number of other work-related
problems, including absenteeism and tardiness, substandard job performance,
increased workloads for coworkers, behavior that disrupts other employees, delays in
the completion of work, inferior quality in service and disruption of resident relations.
Employees and volunteers shall not work with any detectible level of illegal drugs,
alcohol or marijuana in their systems.
It is important for employees to understand that this policy governs not only the abuse
of alcohol and illegal drugs, but also the use and abuse of legal drugs in the
workplace. Certain classes of employees, described in this policy, who find the need
to use impairing legal drugs, including prescription and over -the counter drugs, should
consult, and must comply with, those provisions set forth in this policy that address
such use.
To further its interest in avoiding accidents, to promote and maintain safe and efficient
working conditions for its employees, to protect its business, property, equipment and
operations, and to comply with all federal and state requirements, this policy has been
established, concerning employee use of alcohol and drugs. As a condition of
continued employment, each employee must abide by this policy.
GENERAL DEFINITIONS
A. Illegal or Prohibited Drugs or Other Controlled Substances: Illegal drugs, or other
controlled substance, means any drug or substance that (i) is not legally
obtainable; or (ii) is legally obtainable but has not been legally obtained; or (iii) has
been legally obtained, but is being sold or distributed unlawfully; or (iv) a legal
drug which is being used in a manner for which it was not prescribed. Illegal
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Drugs include marijuana, cocaine, opiates, amphetamines, or phencyclidine at
levels above the minimum thresholds specified in 49 CFR Part 40, as amended.
B. Legal Drugs: Legal drugs means any drug, including prescription drugs and over-
the-counter drugs, that has been legally obtained, and is not unlawfully sold or
distributed.
C. Abuse of any Legal Drug: Abuse of any legal drug means the use of any legal drug
(i) for any purpose, other than the purpose for which it was prescribed or
manufactured; or (ii) in a quantity, frequency, or manner that is contrary to the
instructions or recommendations of the prescribing physician.
D. Reasonable Suspicion: Reasonable suspicion means a suspicion that is based on
(i) specific contemporaneous and articulable personal observations, such as an
employee's manner, disposition, muscular movement, appearance, behavior,
performance, speech or odor; or (ii) information provided to management by an
employee, by law enforcement officials, by a security service, or by other persons
where the Employer has a reasonable belief the information is reliable. Examples
of reasonable suspicion factors include but are not limited to the following:
1. Slurred speech or bloodshot eyes;
2. Odor of intoxicants on breath or clothing;
3. Unsteady standing, walking or movement;
4. Substandard performance whether in quantity or quality that cannot otherwise
be explained;
5. Mood swings, increased inattentiveness, and changes in appearance;
6. Physical or verbal altercations;
7. A preventable accident generally of
involving City property or resources;
a reckless nature while on City time or
8. Information from a reliable person with knowledge of the drug or alcohol use;
or
9. Actual observation of the possession or use of alcohol or drugs.
E. "Marijuana," as used in this policy includes cannabis, synthetic or herbal marijuana,
constituents of cannabis, such as tetrahydrocannabinol (THC) and cannabidiol,
��hether prescribed by a physician or not.
F. Possession: Possession means that an employee has the substance on his or her
person or otherwise under his or her control.
��
G. Safety -Sensitive Employees: safety -sensitive employees include part-time and full-
time employees who perform, or may be called upon to perform, the following
safety -sensitive functions:
1. Operating a revenue service vehicle, a vehicle operated for revenue, even
when it is not in revenue service, including floating and rolling stock used
in providing transit revenue service for passengers, when the vehicle is
available to the general public and there is a reasonable expectation of
carrying passengers that directly. pay fares, are subsidized by public policy,
or provide payment through a contractual arrangement;
2. Operating anon -revenue service vehicle when required to be operated by
a Commercial Driver's License (CDL) holder;
3. Controlling dispatch or movement of a revenue service vehicle;
4. Maintaining (including inspection, repairs, overhaul and rebuilding) a
revenue service vehicle or equipment used in revenue service;
5. Carrying a firearm for security purposes; or
6. Operating commercial _motor vehicles of 26,001 lbs. or greater or
7. Operating a vehicle carrying 16 passengers including the driver, or vehicles
required to display a Department of Transportation (DOT) placard for
hazardous material
Supervisors are considered safety -sensitive only if they perform, or may be called
upon to perform, any of the above safety -sensitive functions.
III. ®EFINITIONS -TESTING TERMINOLOGY
A. Adulterated specimen: A specimen that has been altered, as evidenced by test
results showing either a substance that is not a normal constituent for that type of
specimen or showing an abnormal concentration of an endogenous substance..
B. Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of
breath as indicated by a breath test under 49 CFR Part 40.
C. Aliquot: A fractional part of a specimen used for testing, It is taken as a sample
representing the whole specimen.
D. Dilute specimen: A urine specimen with creatinine and specific gravity values
that are lower thaiii expected for i lui i ian urine. �;;
E. Evidentiary Breath Testing Device (EBT): A Device approved by the National
Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath at the
0.02 and the 0..04. alcohol concentrations. Approved devices are Fisted on the NHTSA
conforming products list.
C!
F. Initial Drug Test: (Screening Drug Test) The test used to differentiate a
negative specimen from one that requires further testing for drugs or drug metabolites.
G. Initial Specimen Validity- Test: The first test used to determine if a urine
specimen is adulterated, diluted, substituted, or invalid
H. Invalid Result: The result reported by an Health and Human Services (HHS) -
certified laboratory in accordance with the criteria established by the HHS Mandatory
Guidelines when a positive, negative, adulterated, or substituted result cannot be
established for a specific drug or specimen validity test.
I. Medical Review Officer (MRO): A licensed physician (medical doctor or doctor
of osteopathy) responsible for receiving laboratory results generated by the drug testing
program who has knowledge of substance abuse disorders, and has appropriate medical
training to interpret and evaluate an individual's confirmed positive test result, together
with his/her medical history, and any other relevant bio -medical information.
J. � Negative Dilute: A drug test result which is negative for the five drug/drug
metabolites but has a specific gravity value lower than expected for human urine.
K. Negative result: The result reported by an HHS -certified laboratory to an MRO
when a specimen contains no drug or the concentration of the drug is less than the cutoff
concentration for the drug or drug class and the specimen is a valid specimen.
L. Non -negative test result: A urine specimen that is reported as adulterated,
substituted, invalid, or positive for drug/drug metabolites.
M. Substance Abuse Professional (SAP): A licensed physician (medical doctor or
doctor of osteopathy) or licensed or certified psychologist, social worker, employee
assistance professional, state -licensed or certified marriage and family therapist, or drug
and alcohol counselor (certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission or by the International Certification Reciprocity
Consortium/Alcohol and other Drug Abuse (ICRC) or by the National Board for Certified
Counselors, Inc. and Affiliates/Master Addictions Counselor (NBCC)) with knowledge of
and clinical experience in the diagnosis and treatment of drug and alcohol related
disorders.
N. Substituted specimen: A urine specimen with creatinine and specific gravity
values that are so diminished or so divergent that they are not consistent with normal
human urine.
IV. THE CITY OF MORRO BAY'S CONSENT FOR USE OF LEGAL DRUGS
A. Use of Legal Drugs: The City recognizes that it may be necessary for employees to
use legal drugs from time to time. For purposes of these policies, "marijuana" is
not considered a legal drug. The City also recognizes that an employee who is
using legal drugs might become impaired by the drug such that the employee's
ability to adequately or safely perform is compromised. In order to accommodate
employees who might be required to use legal drugs, and to help assure that no
serious adverse consequences in the workplace result from such drug use, certain
classes of employees, identified in this policy, are required to obtain the City
consent and comply with certain disclosure and work -restriction requirements
under the following circumstances.
1. The classes of employees who must obtain City consent to work while using a
potentially impairing legal prescribed drug are those classifications defined as
��safety sensitive" in these policies; those who work or volunteer with children
while the guardians of such children are absent; water well workers; those who
operate heavy equipment; and those who operate City vehicles.
B. When Consent is Required: Employees and volunteers who know or should know
that their use of legal drugs might endanger their own safety or the safety of
another person, are obligated to report such drug use to the Human Resources
prior to reporting to work on such medicine, and to obtain the City's consent to
continue working. If the use of such medicine is temporary, the employee may be
afforded the use of accrued time off. If the medicine is used for a disability, the
employee should schedule a reasonable accommodation meeting in accordance
with the City's reasonable accommodation policy. The City reserves the right to
ask the employee to obtain a certification that the employee may safely perform
duties, and to identify possible reasonable accommodations to safely perform
essential job functions. If such certification is not received after requested, is
produced by a an inappropriately qualified physician, or appears incomplete or
fraudulent, then they City may have aCity-paid physician determine whether the
employee can safely perform essential job functions and recommend reasonable
accommodations which would allow such employee to safely perform essential job
functions.
C. Duty to Disclose: Employees and volunteers who operate or who are responsible in
any way for the operation, custody or care of the City's property, or for the safety
of other employees or other persons, have a duty to disclose the nature of their
job duties to any prescribing physician or pharmacist, or to a City physician or
pharmacist if examined by one as set forth in Section B, and to inquire of the
physicians) or pharmacist whether their use of the drugs prescribed might result
in the dangers, risks or impairment that this Policy is intended to prevent.
D. Restrictions on Work and Volunteer Activity: The City reserves the right to restrict
the work activities of any employee or volunteer who. is using impairing legal
drugs, that pose a threat to the safety of the employee or others, or prohibit any
employee from working entirely while he or she is using impairing legal drugs that
pose a threat to the safety of the employee or others.
E. Duty to Refrain from Working and Performing Volunteer Activities: Each employee
and volunteer using impairing legal drugs has a duty to not report for work while
impaired by the drug if such impairment might result in serious harm or damage or
might interfere with his or her job performance. Accordingly, even if an employee
has obtained the City's consent to continue working while taking legal impairing
drugs, the employee will not be authorized to work while impaired by the use of
such drug if the employee knows or has reason to know that working while
impaired might endanger the safety of the employee or some other person, pose a
risk of significant damage to the City's property, or substantially interfere with the
employee's job performance or the efficient operation of the City's business.
A. Scope: The prohibitions of this section apply whenever the interests of the City
may be adversely affected, including any time the employee is:
i. On City premises;
2. Conducting or performing City business, regardless of location;
3. Operating or responsible for the operation, custody, or care of City
equipment or other property; or
4. Responsible in any way for the safety of other individuals associated with
City, including, but not limited to, co -employees, management, visitors,
residents and vendors.
B. Alcohol: The following acts are prohibited and subject an employee to discipline,
up to and including discharge:
1. The unauthorized use, possession, purchase, sale, manufacture,
distribution, transportation or dispensation of alcohol; or
2. Being under the influence of alcohol defined as having a .04 blood alcohol
content or above.
3. If an on-call employee has consumed alcohol, he or she must notify
management. If he or she claims the ability to perform safety -sensitive.
functions, he or she may not test at a result of 0.02 or higher.
C. Illegal Drugs: The following acts are prohibited and subject an employee to
discipline, up to and including discharge:
1. The use, possession, purchase, sale, manufacture, distribution,
transportation, or dispensation of any illegal drug or other prohibited
controlled substance; or
2. I -laving any illegal r�-r�g nr other pr�hihitar�i rnntrr�llarl c��ictanrA in y�niir
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system.
D. Legal Drugs: The following acts are prohibited and subject an employee to
discipline, up to and including discharge:
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1. The misuse or abuse of any legal drug; or
2. The purchase, sale, manufacture, distribution, transportation,
dispensation, or possession of any legal prescription or over -the counter
drug in a manner inconsistent with law; or
3. Working while impaired by the use of a legal drug in violation of Section IV
above; or
4. Working without obtaining the required consent in violation of Section IV,
above; or
5. Failure to make proper disclosure in violation of Section IV, above.
E. Marijuana: For purposes of these policies, marijuana possession on or in City
property is strictly prohibited. Marijuana use prior to or during working hours or
while on call is strictly prohibited.
F. Conviction of any criminal drug statute for a violation occurring in the workplace.
G. Failure to notify the City within five (5) days of any conviction of any criminal drug
statute for a violation occurring in the workplace.
A. Job Applicants: Job applicants, holding a conditional offer of employment, may be
required to undergo drug and alcohol testing as a condition of employment with
the City. Classifications for which applicants will be tested are those classifications
defined as 'safety sensitive" in these policies; those applicants holding a
conditional offer and and volunteers holding a conditional offer of volunteer work
who work with children while the parents, care -givers or guardians of such children
are absent; water well workers; those who operate heavy equipment; and those
who operate City vehicles.
B. Employees: Current employees will be subject to testing if they:
1. Report to work or, while conducting or performing City business regardless
of location, are reasonably suspected of being intoxicated or exhibiting
abnormal behavior or performance difficulties associated with substance
abuse; reasonable suspicion testing may also be required of volunteers;
2. Are involved in awork-related accident and exhibit indicators of substance
abuse;
3. Are subject to federal or state regulatory requirements for random drug or
alcohol testing, as set forth in Section C.2 below; or
4. Post -accident testing as described in Section C below may be required of
employees and volunteers.
:,
C. Testing: The City may utilize each or all of the following testing methods:
1. Pre-employment testing of applicants to certain classifications while such
applicants are holding a conditional offer of employment;
2. Random testing for employees in the following safety -sensitive positions
(hereafter ��DOT Safety Sensitive"): operating commercial motor vehicles
of 26,001 lbs. or greater or operating a vehicle carrying 16 passengers
including the driver, or vehicles required to display a Department of
Transportation placard for hazardous material and those who carry a
firearm for security;
(a) Such random testing may occur anytime an employee is on duty so
long as the employee is notified prior to the end of the shift. Employees
who provide advance, verifiable notice of scheduled medical or child care
commitments will be random drug tested no later than 3 hours before the
end of their shift and random alcohol tested no later than 30 minutes
before the end of their shift.
3. Reasonable suspicion testing;
4. Post -accident testing, within 8 hours for alcohol and within 32 hours for
drugs, following accidents in which the employee was operating a vehicle
for the City (where the employee exhibits indicators of substance abuse or
one that involves significant property damage of $10,000 or more, or any
medical injury requiring treatment away from the scene, or fatality);
For safety -sensitive employees, in addition to the above circumstances,
they will also be subject to post -accident testing (within 8 hours for
alcohol and within 32 hours for drugs) in the following situations:
a. One or more vehicles incurs disabling damage and must be towed
away from the scene, unless the covered employee can be completely
discounted as a contributing factor to the accident, or the vehicle is a rail
car, trolley car or bus, or vessel, and is removed from operation, unless
the covered employee can be completely discounted as a contributing
factor to the accident;
b. The covered employee must remain available post -accident for
testing, but necessary medical attention shall not be delayed under any
circumstances;
c. Any other safety -sensitive employee whose performance could
have contributed to the accident, as determined by management using the
best information available at the time, will be tested; and
5. Testing authorized or required by federal or state regulations, including
Department of Transportation regulations.
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VII. ®ISCIPLINARY ACTION
Violation of this Policy by any employee may result in discipline, up to and including
discharge, depending on the circumstances and at the discretion of the City. At a
minimum, referral to an SAP and disciplinary mandates for safety -sensitive positions,
as required under Title 13 of the California Code of Regulations and Title 49 of the
Code of Federal Regulations, will be followed for those individuals in safety -sensitive
positions.
A. Effect of Criminal Conviction: An employee who is convicted under a criminal drug
statute for a violation occurring in the workplace, while conducting or performing
City business regardless of location, or during any City -related activity or event will
be deemed to have violated this Policy.
B. An employee, who violates drug and alcohol regulations, cannot again perform any
safety -sensitive .duties for the City until and unless the employee completes
the SAP evaluation, referral, and. education/treatment process set forth in this
subpart and in applicable DOT agency regulations and return -to -work follow-up
testing required by federal regulations.
C. Refusal to Test: Includes circumstances or behaviors such as:
1. Failure to appear at the collection site in the time allotted;
2. Leaving the collection site before the testing process is completed;
3. Failure to provide a urine, breath, or saliva specimen as required by CFR,
Part 40;
4. Failure to permit the observation or monitoring of specimen collection
when it is required by law;
5. Failure to provide a sufficient amount of urine or breath specimen without
a valid medical explanation;
6. Failure or refusal to take a second test when required;
7. Failure to undergo a fitness for duty medical evaluation when required;
8. Failure to cooperate with any part of the testing process. (Example:
refusal to sign the testing form when required);
9. Leaving the scene of an accident without just cause prior to submitting to
a test; or,
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10. If the Medical Review Officer (MRO) reports a verified adulterated or
substituted test result.
11. Possession or wearing a prosthetic or other device used to tamper with the
collection process.
12. Admitting to the adulteration or substitution of a specimen to the collector or
M R0.
13. Refusal to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
14. As a covered employee, if the MRO reports that you have a verified adulterated
or substituted test result, you have refused to take a drug test.
Note: A refusal to test shall be treated as a positive test result for the purposes of
administration of this Policy and any resulting disciplinary action.
• •
Employees are required by this Policy to notify the City of any conviction under a
criminal drug statute for a violation occurring in the workplace, while conducting or
performing City business regardless of location, or during any City -related activity or
event, not later than five (5) days after any such conviction. When required by
applicable law, the City will notify agencies under contract of any employee who has
been convicted under a criminal drug statute for a violation occurring while conducting
or performing City business, regardless of location.
IX. UNREGULATED OR AUTHORIZED CONDUCT
A. Customary Use of Over -the -Counter Drugs: Nothing in this Policy is intended to
prohibit the customary and ordinary purchase, sale, use, possession, or dispensation
of over-the-counter drugs, so long as such activity does not violate any law or result'in
an employee being impaired by the use of such drugs in violation of this Policy.
B. Off -the -Job Conduct: Nothing in this Policy is intended to regulate off -the -job
conduct, so long as the employee's off -the -job use of alcohol or legal drugs does not
result in the employee being under the influence of or impaired by the use of alcohol
or drugs in violation of this Policy.
C. Use of Alcohol or Legal Drugs: Human Resources will maintain a list of circumstances
in which the use or possession of certain legal drugs or alcohol is authorized (such as
certain medicine or drugs maintained in company first-aid cabinets or alcoholic
beverages served during certain business meetings or social functions) and will
communicate the authorization as appropriate. Changes to the authorization require
the prior written approval of the Human Resources. Except as otherwise provided in
this policy, no employee may assume that his or her possession, use, purchase, sale,
manufacture, distribution, transportation, or dispensation of alcohol or drugs is
authorized unless the employee has been notified in writing by Human Resources.
� ,� l � � � �
A. Commitment to Employ Disabled Individuals: Nothing in this Policy is intended to
diminish the City's commitment to employ qualified disabled individuals or to
provide reasonable accommodation to such individuals consistent with all federal,
state and local laws.
B. Reasonable Accommodation: If an employee's use of a legal drug is related to a
disability and the employee voluntarily self -identifies as a disabled individual to the
City in connection with an effort to determine whether it is advisable to continue
working despite the use of the drug, and if it is determined that the employee
should not continue to work in his or her regular job while using the legal drug, an
effort will be made to reasonably accommodate that employee.
• r
Disclosures made by employees or volunteers to Human Resources, concerning their
use of legal drugs, will be treated confidentially, and will not be revealed to managers
or supervisors, unless there is an important work-related reason to do so. Disclosures
made by employees or volunteers to Human Resources, concerning their participation
in any drug or alcohol rehabilitation program, will be treated confidentially.
Managers and supervisors should restrict communications concerning possible
violations of this Policy to persons who have an important work-related reason to
know. In addition, managers and supervisors should not disclose the fact of an
employee's participation in any drug or alcohol counseling or rehabilitation program.
Although the City does not allow marijuana use or possession in the workplace, any
manager receiving information that an employee has a medical marijuana card or
prescription must treat such information with the same level of confidentiality of
medical information received.
Under the federal and state Drug-free Workplace Acts, if an employee is performing
work on a project funded in whole or in part by a state or federal grant, a report may
be required to state or federal funding agencies upon a finding that an employee
violated these policies. In addition, criminal conduct may be reported to law
enforcement.
XII. COUNSELING
Employees who suspect they may have alcohol or drug problems, even in the early
stages, are encouraged to voluntarily seek diagnosis and to follow through with the
treatment as prescribed by qualified professionals. Employees who voluntarily disclose
that they �n►ish to enter and participate in an alcohol or dreg .rehabilitation program are
encouraged to contact Human Resources, who will hold an interactive meeting with
the employee to determine the reasonable accommodations) of the efforts to seek
treatment, including possibly providing unpaid leave for the time necessary to
complete participation in the program.
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Employees who voluntarily self -identify as having a drug or alcohol problem for which
they seek treatment will not be discharged for such disclosure provided the self -
identification is not made (1) to avoid testing, or (2) after being selected for
reasonable suspicion, random or post -accident testing, or (3) after refusing a test, and
provided the self -identification is made prior to performing any safety sensitive
functions (reporting for duty for a safety sensitive function). Such employee will be
referred_ to a SAP and evaluation, education and/or treatment to establish control over
the drug or alcohol problem. Any safety -sensitive employee who self -reports will be
removed from safety -sensitive functions until successful completion of a rehabilitation
program. Prior to resuming any safety -sensitive functions, the employee must
undergo a DOT return -to -duty drug test with a verified negative result and/or return -
to -duty alcohol test with a result indicating an alcohol concentration of less than 0.02.
A. A Medical Review Officer (MRO), a licensed physician, will be responsible for
receiving and reviewing laboratory results generated by an employer's drug testing
program and evaluating medical explanations for certain drug results. A MRO may
have a designee who is a licensed physician.
B. Employees will be asked to submit to testing and .sign a consent to test
immediately upon arrival at the site. If an insufficient sample is provided when
requested, employees will be allotted up to forty ounces of water within three
hours (or a timeframe consistent with current Federal Guidelines) to provide a
sample.
C. A MRO or MRO designee must verify all drug test results. Employees will be
afforded the opportunity to discuss all prescription and non-prescription drugs they
have used with the MRO or designee. Marijuana will not be recognized as a
prescription drug. The use of the information on prescription and non-prescription
information by the MRO will be limited to verification of the employee's drug test
results;
D. A positive drug test is a result reported by a Department of Health and Human
Services -certified laboratory when a specimen contains a drug or drug metabolite
equal to or greater than the cutoff concentrations and confirmed positive by the
MRO or a Refusal to Test.
E. An employee whose drug test results are positive may, within 30 days, submit a
written request for a retest of the split sample. The retest will be conducted at
another National Institute on Drug Abuse Certified Laboratory approved by the
City's Health Officer. The retest will be conducted at the employee's expense. If
tl le resl,llt5 UI tl ie retest are i'ot %onlJistei't wit' i rile urigir la'i, tl ie process 5ilaii be
considered inconclusive and shall not be used as the basis for subsequent action.
F. If an employee produces a negative dilute specimen, he/she must undergo a
second test. A second negative -dilute specimen (with a creatinine concentration
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greater than or equal to 2 mg/dL, but less than or equal to 5 mg/dL) will be
considered a refusal to test.
G. All employees shall receive a copy of the Ciiy's Drug -Free Workplace Policy and
Conditions of Employment form; employees must sign a statement that they have
received and read the policy.
H. For any aspect of the testing procedures of the testing laboratory or receipt and
review procedures of the MRO, not set forth herein, the Federal Department of
Transportation guidelines will be followed.
I. In the event of a verified positive test result or a verified adulterated or substituted
result, the employee may request that a split specimen be tested at a second
laboratory.
•. • � • .,
A. Drug/alcohol testing records shall be maintained by the Morro Bay Drug and
Alcohol Program Manager, and, except as provided below or by faw, the results of
any drug/alcohol test shall not be disclosed without express written consent of the
tested employee.
B. The employee, upon written request, is entitled to obtain copies of any records
pertaining to their use of prohibited drugs or misuse of alcohol including any drug
or alcohol testing records. Covered employees have the right to gain access to
any pertinent records such as equipment calibration records, and records of
laboratory certifications. Employees may not have access to SAP follow-up testing
plans.
C. Records of a verified positive drug/alcohol test result shall be released to the Drug
and Alcohol Program Manager, and other transit system management personnel
on a need to know basis.
D. Records will be released to a subsequent employer only upon receipt of a written
request from the employee, or as required by law.
E. Records of an employee's drug/alcohol tests shall be released to the adjudicator in
a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested
individual arising from the results of the drug/alcohol test. The records will be
released to the decision maker in the proceeding.
F. Records will be released to the National Transportation Safety Board during an
accident investigation.
G. Information will be released in a criminal or civil action resulting from an
employee's performance of safety -sensitive duties, in which a court of competent
jurisdiction determines that the drug or alcohol test information is relevant to the
case and issues an order to the employer to release the information.
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H. Records will be released to the DOT or any DOT agency with regulatory authority
over the employer or any of its employees.
Records will be released if requested by a Federal, state or local safety agency
with regulatory authority over any department of Morro Bay or the employee.
J. If a party seeks a courf order to release a specimen or part of a specimen contrary
to any provision of Part 40 as amended, necessary legal steps to contest the
issuance of the order will be taken.
K. In cases of a contractor or sub -recipient of a state department of transportation,
records will be released when requested by such agencies that must certify
compliance with the regulation to the Federal Transit Administration.
California Code Of Regulations (CCR), Title 13
California Government Code Section 8350, ��Drug-Free Workplace Act of 1988"
Code of Federal Regulations (CFR), Title 49 Parts 40, 382, and 391
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