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HomeMy WebLinkAboutReso 55-18 Addend Drug Free PolicyRESOLUTION NO. 55-18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING ADDENDUM TO THE CITY OF MORRO BAY DRUG -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; and WHEREAS, the City Council adopted Resolution No. 10-17 establishing aDrug-Free Workplace Policy; and WHEREAS, the United States Department of Transportation (USDOT) Office of Drug and Alcohol Policy and Compliance (ODAPC) has issued an update to USDOT's drug and alcohol testing regulation (49 CFR Part 40) that became effective January 1, 2018; and WHEREAS, the City's Drug -Free Workplace Policy should be updated to reflect these changes in law; and WHEREAS, the City's recognized bargaining units,'the Service Employees International Union , the Police Officers Association ("POA"), Cl"d 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 Addendum. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10'h day of July 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN Irons, Davis, Makowetski, McPherson None Headding None ATTEST: G Gv_%co-� ANA SWANSON, City Clerk J IE L. IRONS. avor rJ DRUG -FREE WORKPLACE POLICY ADDENDUM This addendum is to the City's Drug and Alcohol Policy adopted March 14, 2017, by Resolution No. 10-17 (Policy), and is meant to be applied in conjunction with the Policy. The United States Department of Transportation (USDOT) — Office of Drug and Alcohol Policy and Compliance (ODAPC) has issued an update to USDOT's drug and alcohol testing regulation (49 CFR Part 40). The new regulation has been revised and the changes (summarized below) will become effective on January 1, 2018. Therefore, the City of Morro Bay drug and alcohol testing policy is amended as follows: 1. CHANGES TO THE DRUG TESTING PANEL a. Four new opioids added to the drug testing panel — i. The USDOT drug test remains a "5-panel" drug test; however, the list of opioids for which are tested will expand from three to seven opioids. ii. The "opioid" category will continue to test for codeine, morphine, and heroin; however, the "opioid" testing panel will now be expanded to include four (4) new semi -synthetic opioids: 1. (1) Hydrocodone, (2) Hydromorphone, (3) Oxycodone, and (4) Oxymorphone. 2. Common brand names for these semi -synthetic opioids include, but may not be limited to: OxyContin®, Percodan®, Percocet®, Vicodin ®, Lortab®, Norco®, Dilaudid®, Exalgo®. b. `MDA' will be tested as an initial test analyte C. `MDEA' will no longer be tested for under the "amphetamines" category. 2. BLIND SPECIMEN TESTING a. The USDOT no longer requires blind specimens to be submitted to laboratories. 3. ADDITIONS TO THE LIST OF "FATAL FLAWS" a. The following three circumstances have been added to the list of "fatal flaws": i. No CCF received by the laboratory with the urine specimen. ii. In cases where a specimen has been collected, there was no specimen submitted with the CCF to the laboratory. iii. Two separate collections are performed using one CCF. 4. MRO VERIFICATION OF PRESCRIPTIONS a. When a tested employee is taking a prescribed medication, after verifying the prescription and immediately notifying the employer of a verified negative result, the MRO must then (after notifying the employee) wait five (5) business days to be contacted by the employee's prescribing physician before notifying the employer of a medical qualification issue or significant safety risk. i. Specifically, in cases where an MRO verifies a prescription is consistent with the Controlled Substances Act, but that the MRO has still made a determination that the prescription may disqualify the employee under other USDOT medical qualification requirements, or that the prescription poses a significant safety -risk, the MRO must advise the employee that they will have five (5) business days from the date the MRO reports the verified negative result to the employer for the employee to have their prescribing physician contact the MRO. The prescribing physician will need to contact the MRO to assist the MRO in determining if the medication can be changed to one that does not make the employee medically unqualified or does not pose a significant safety risk. If in the MRO's reasonable medical judgment, a medical qualification issue or a significant safety risk still remains after the MRO communicates with the employee's prescribing physician, or after five (5) business days, whichever is shorter, the MRO must communicate this issue to the employer consistent with 49 CFR Part 40.327, 5. DEFINITIONS a. The term "DOT, the Department, DOT Agenc.V' i. Modified to encompass all DOT agencies, including, but not limited to, FAA, FRA, FMCSA, FTA, PHMSA, NHTSA, Office of the Secretary (OST), and any designee of a DOT agency: ii. For the purposes of testing under 49 CFR Part 40,. the USCG (in the Department of Homeland Security) is considered to be a DOT agency for drug testing purposes. b. The term "Opiate" is replaced with the term "Opioid' in all points of reference. c. The definition of "Alcohol Screening Device (ASD)" is modified to include reference to the list of approved devices as listed on ODAPC's website. d. The definition of "Evidential Breath Testing Device (EBT)" is modified to include reference to the list of approved devices as listed on ODAPC's website. e. The definition of "Substance Abuse Professional (SAP)" will be modified to include reference to ODAPC's website. The fully revised definition includes: i. 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 an organization listed at https://www.transportation,gov/odapc/sap) with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders. NOTE: The revisions listed in this addendum include only those revisions to 49 CFR Part 40, which may be referenced in our drug & alcohol testing policy. A list of all the revisions made to 49 CFR Part 40 can be found at https://www.transportation.gov/odapc. Addendum Authorization Date: July 10, 2018 Authorized Official (Printed Name): Jamie L Irons City of Morro Bay Mayor Authorized Official (Signature Employee (Printed Name): Employee (Signature): Employee Receipt Date: