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HomeMy WebLinkAboutPO 6437: AMENDING PART II OF THE DRUG AND ALCOHOL POLICY P. 0. No. 6437 01/10/15 att ORDINANCE NO. AN ORDINANCE AMENDING PART II OF THE DRUG AND ALCOHOL POLICY OF THE CITY OF PORT ARTHUR PROVIDING FOR A COMPREHENSIVE UPDATE WHEREAS, pursuant to Ordinance 94-115 the City Council of the City of Port Arthur amended its Drug and Alcohol Policy by adding Part II thereto to achieve compliance with the Omnibus Transportation Act of 1991, as amended; and, WHEREAS, pursuant to Ordinance 06-48 the City Council of the City of Port Arthur amended Part II of the Drug and Alcohol Policy to ensure currency with the Omnibus Transportation Act of 1991, as amended, and other relevant legislation; and, WHEREAS, pursuant to Ordinance 12-12 the City Council of the City of Port Arthur amended its Drug and Alcohol Policy to include "K2" and "Bath Salts"; and, WHEREAS, pursuant to Ordinances 12-23 and 12-52; respectively, the City Council of the City of Port Arthur amended its Drug and Alcohol Policy clarify the definition of "Refusal to Test" and the policy as it relates to "Negative Dilute Tests" in compliance with Department of Transportation Regulations; and, WHEREAS, it is prudent to periodically review the Drug and Alcohol Policy major parts as a whole to ensure up to date compliance with applicable rules and regulations as promulgated by Department of Transportation as well as local and state government; and, WHEREAS, Ms . Procopio-Makuh, a Certified Substance Abuse Program Administrator (C-SAPA) is qualified to conduct such a review as shown in Exhibit "A" hereto; and, P. O. No. 6437 01/10/15 att Page 2 WHEREAS, Ms . Procopio-Makuh has conducted a comprehensive review of Part II of the City of Port Arthur Drug and Alcohol Policy; and, WHEREAS, upon review and discussion of said recommendations, City Administration recommends the adoption of the recommended changes in substantially the same form as attached hereto as Exhibit "B". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby amends Part II of the Drug and Alcohol Policy in substantially the same form as attached hereto as Exhibit "B". Section 3. That this Ordinance shall be effective upon passage. Section 4. That a copy of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, and APPROVED this day of A.D. , 2015, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: P. O. No. 6437 01/10/15 att Page 3 Deloris "Bobbie" Prince Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: 17411/6 Valecia Tizen , Esq. City Attorney APPROVED FOR ADMINISTRATION: r Dr. Albert T. Thigpen, IPMA-CP Director of Human Resources John A. Comeaux, P.E. , C.S.P. Interim City Manager Exhibit "A" LEILA PROCOPIO-MAKUH, C-SAPA Phone/Fax: (818) 366-2408 or(818) 723-6927 (cell)* E-mail: LPM-LEILA @SOCAL.RR.COM Leila Procopio-Makuh, President of LPM Consulting Inc., has the unique combination of knowledge, hands-on experience, and skills recognized nationwide in the field of substance abuse program management. Prior to embarking on her own training and consulting business, Ms. Procopio-Makuh served as Human Resources Manager and Drug & Alcohol Program Manager for one of the largest public transit agencies in the country, the Los Angeles County Metropolitan Transportation Authority (LACMTA). She has trained over 15,000 employees, supervisors, program administrators, contractors, DOT collectors and other service agents nationwide. Since 2001, Ms. Procopio-Makuh has served as the Contract Instructor for the Transportation Safety Institute (TSI), the teaching arm of the US Department of Transportation, on the subject of "Substance Abuse Management and Program Compliance" and "Reasonable Suspicion Determination for Supervisors."She developed and presented a DOT Collector Qualification Training"course for the Federal Transit Administration (FTA), which was unveiled at the 5th FTA Annual Drug & Alcohol Conference in Los Angeles, CA in 2010. She also is a former member of the FTA drug and alcohol audit team and has conducted numerous on-site audits of FTA grantees, sub- grantees, and covered contractors throughout the country, to determine their compliance with the federal drug and alcohol testing regulations. She has distinguished herself from her peers by being one of the first drug and alcohol professionals in the country to successfully complete and earn the national designation of "Certified Substance Abuse Program Administrator"(C-SAPA). Ms. Procopio-Makuh is a veteran in the field of workplace substance abuse testing. Long before the FTA issued its final rules on the "Prevention of Prohibited Drug Use and Alcohol Abuse in Transit Operations," she had several years of management responsibility for the comprehensive drug and alcohol testing program at LACMTA and its predecessor agency. Ms. Procopio-Makuh actively participated in the federal rulemaking process providing comments to the FTA during the proposed rulemaking stage, and also participated in the scientific and technical discussions that helped set the framework for the DOT- mandated drug and alcohol testing procedures (49 CFR Part 40). To maintain up-to-date knowledge and competence in the field, Ms. Procopio-Makuh continues to attend numerous workshops and seminars on the subject of drug and alcohol testing. She is a regular speaker and trainer at the FTA Annual Drug and Alcohol National Conferences, a former member of the Drug & Alcohol Testing Industry Association (DATIA) Legislative and Regulatory Committee, and a former Commissioner for the Substance Abuse Program Administrators Certification Commission (SAPACC). She also has made presentations on this subject at APTA Conferences and at the California Administrative Law Judges Association Forum on "Drugs in the Workplace. In addition, she has helped set up drug and alcohol testing programs for several public and private companies, and has been called to testify as a subject matter expert on drug- and alcohol-related arbitration or legal proceedings. Ms. Procopio-Makuh holds a Bachelor of Arts degree from the College of the Immaculate Conception, and a Master's degree in Communications from Columbia College. LEILA S. PROCOPIO-MAKUH, C-SAPA 18815 Fawnwood Lane Northridge, California 91326 Business Phone/Fax: (818) 366-2408 Cell Phone: (818) 723-6927 E-Mail: 1pm-leila@socalsr.com SUMMARY OF QUALIFICATIONS Over twenty six years of experience in developing, managing and maintaining a transportation workplace substance abuse program, and providing related training for employees and supervisors of DOT-covered employers. - Considerable experience in conducting comprehensive audit of drug and alcohol testing programs of urban, small urban, rural and paratransit transit systems and their contractors and service agents. - National designation as "Certified Substance Abuse Program Administrator" (C-SAPA) since 2000. - Over 25 years of outstanding achievements in various traditional and non-traditional human resources areas in both private and public sectors. Progressively responsible experiences and proven expertise in human resources program and policy design, development, implementation and process improvement. - Excellent knowledge of laws and regulations in the drug and alcohol testing field and others affecting employer-employee relationships, and experience in developing and conducting employee and management training in these areas. - Outstanding ability to lead and inspire subordinates and team members and manage people and programs. - Outstanding ability to communicate, negotiate and deal effectively at all levels. PROFESSIONAL EXPERIENCES LPM CONSULTING Inc. Northridge, California, March 2000—Present President • As a senior member of the Federal Transit Administration(FTA) audit team, conducted comprehensive audits of the substance abuse management programs of Federal grantees, sub grantees and/or their covered contractors across the U.S. for compliance with USDOT/FTA rules. • Since 2001,has served as contract instructor for the DOT Transportation Safety Institute's "Substance Abuse Management and Program Compliance" and"Reasonable Suspicion Determination for Supervisors"training courses. Also conduct training and seminars on behalf of FTA, grantees, sub grantees, contractors, and service agents. • Provide consulting services to public and private transportation agencies of all sizes to design and develop an effective drug and alcohol policy,procedures, and all related documentation, and conduct training for employees and supervisors. • Serve as speaker in public forums on the subject of drug- and alcohol-free workplace. • Provide testimony as a subject matter expert during arbitration or trial involving drug and alcohol policy violations. • Provide consulting services on other human resources areas such as leaves of absence management, sexual harassment, ADA reasonable accommodation, workplace violence prevention, and alternative work schedules. • Served as a Commissioner for the Substance Abuse Program Administration Certification Commission(SAPACC). • Former member of the Drug and Alcohol Testing Industry Association(DATIA) Legislative and Regulatory Committee. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY Los Angeles, California, May, 1986—March, 2000 • Human Resources Manager, Special Programs • Human Resources Supervisor • Sr. Human Resources Analyst • Human Resources Analyst • Legislative Analyst • Administrative Analyst • Managed a team of HR professionals responsible for delivering services and administering programs that enhance workplace safety and security,productivity and employee morale, and reduce employer liability. Such programs included medical examinations, drug and alcohol testing, leaves of absence management, light duty, AQMD Rule 2202 compliance, employee assistance, ADA (Title 1) , wellness, violence prevention, dependent care, employee recognition,recreational activities, travel and a wide variety of work/life programs. • Led the development and/or revision of HR policies and procedures to comply with laws and regulations or to address business necessities. Served as internal consultant to management and employees on personnel policies,procedures and practices. • Served as the MTA Drug and Alcohol Program Manager and managed day-to-day compliance with DOT- and FTA-mandated drug and alcohol testing regulations, including compliance of covered contractors. • Prepared Management Action Plans and related budget for the Special Programs Unit and monitored expenditures. • Served as Project Manager for various professional and services contracts and provided oversight of vendor performance. • Served as witness for the agency in administrative hearings, arbitration and legal proceedings involving terminations and employment policy violations. • Participated in contract negotiations and managed implementation of the employment provisions of five major labor agreements. • Administered the Unemployment Insurance Program and achieved an unbeatable"win" rate of nearly 95%within the first three months on the job. • Directed work units responsible for recruitment and selection;job analysis; classification; performance-based compensation; salary, pension and benefits administration; training and development; and human resources management information system. • Planned and directed legislative programs at the federal and state level. Managed the activities of contract lobbyists and political consultants. • Analyzed legislation and regulations affecting the agency,prepared Board reports and made presentations before the Board recommending positions and strategic action plans. • Represented the agency at various meetings and hearings of legislative and regulatory bodies and presented testimonies on behalf of the agency. ATLANTIC RICHFIELD COMPANY(ARCO) Los Angeles, California, June, 1974-November, 1985 • Manager, Government Affairs Information System and Services • Advisor, Human Resources Issues • Senior Analyst, Governmental Issues (Corporate) • Budget Coordinator, Government Relations • Analyst, Coordination and Policies • Designed and implemented a corporate-wide legislative and regulatory early-warning system that kept management abreast of critical public policy issues affecting company image and performance. • Managed the development of public policy statements on human resources issues such as social security funding, employee benefits, equal pay for equal work, pension and retirement. • Analyzed human resources legislation and regulations affecting equal employment opportunity, wages and working conditions,personnel practices and procedures, and employee benefits. • Coordinated the annual preparation of departmental budget totaling over$10 million. EDUCATION M.S.B.A., California State University,Northridge, CA(12 units) MA in Communications (with Honors), Columbia College, Los Angeles, CA BA in English(Cum Laude), College of the Immaculate Conception, Philippines. Exhibit " B " City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 ATTACHMENT "A" PART II Approved: Director of Human Resources Approved: City Manager City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective Date: January 1, 1995 Revised: January 20, 2015 1.0 INTRODUCTION The Omnibus Transportation Employee Drug Testing Act of 1991 sets forth mandates for alcohol and controlled substance testing which impact all operating administrations of the Department of Transportation. Activities of the City of Port Arthur are regulated by two- (2) of these operating administrations: The Federal Motor Carrier Safety Administration (FMCSA) and the Federal Transit Administration (FTA). This policy is intended to comply with all applicable State and federal regulations governing workplace anti-drug use and alcohol misuse program in the transportation industry. They include DOT 49 CFR Part 40, as amended (Procedures for Transportation Workplace Drug and Alcohol Testing Programs); FMSCA 49 CFR Part 382 (Controlled Substances and Alcohol Use and ); FTA 49 CFR Part 655 (Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations); DOT 49 CFR Part 29 (Drug-Free Workplace Act of ); and the Texas Worker's Compensation Commission Rule 169.2. This section is to function in addition to, and in conjunction with, the City's existing Drug and Alcohol Policy. In the event of conflict this section shall govern for the group of employees deemed to be covered hereby. Many of the policies, procedures, and regulations set forth in this section are the result of statutory mandates; others are not statutorily required, but are official policies of the City of Port Arthur. Those instances where the City is setting forth policies, procedures, or regulations based on its own authority are clearly delineated and are double underlined. 2 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 2.0 Scope of Application Individuals who are employed by the City of Port Arthur in any capacity (i.e. regular, contract, part-time, etc.) and who occupy a "safety sensitive" position, or who have been issued a City vehicle are covered by this section. Attachment "A" to this section lists all classifications, which are deemed to be safety sensitive. The City of Port Arthur on its own authorit hereb makes this •olic a• •licable to all emilo ees o the Cit of Port Arthur except where •rohibited by statute. The City Manager is hereby empowered to add to, or delete from, the list of impacted classifications he deems appropriate and/or as governing regulations dictate. Further, contract employees are subject to this policy while operating on the premises of the City of Port Arthur. The City will employ a program of testing, more fully delineated herein, which will be applicable to all individuals who occupy the classifications noted above. Such testing will comply with the guidelines and regulations set forth by the federal government; however, the Cit reserves the ri•ht to ap•ly additional testin• policies and procedures based on its own authority. 3.0 Confidentiality IT IS THE POLICY OF THE CITY TO MAINTAIN ALL ACCESS TO INFORMATION RELATIVE TO, AND OBTAINED THROUGH, THIS POLICY SOLELY ON A "NEED TO KNOW" BASIS. A. The release of information pertaining to test results, treatment referral, etc. other than employment matters including workers compensation, or possible legal proceedings, must be approved in writing by the applicant and/or employee unless otherwise authorized by law. B. Information regarding test results and referrals shall be released only to the Director of Human Resources and/or the Assistant 3 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective Date: January 1, 1995 Revised: January 20, 2015 Director of Human Resources, or their designate. Further, disbursement of information shall be a "need to know" basis as determined by these individuals. C. INDIVIDUALS ACCESSING INFORMATION WITHOUT AUTHORIZATION, IMPROPERLY UTILIZING, AND/OR IMPROPERLY DISCLOSING INFORMATION PURSUANT TO THIS POLICY SHALL BE SUBJECT TO A THIRTY (30) CALENDAR DAY SUSPENSION WITHOUT PAY OR TERMINATION. 4.0 Definition of Terms Alcohol - means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohols. Alcohol Concentration (or content) - means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. Alcohol Use - means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Amphetamines - any one of a group of drugs that causes the central nervous system to become more active so that a person feels more energy and mental excitement. ATF - Alcohol Testing Form Breath Alcohol Technician (BAT) - An individual who instructs and assists employees or applicants in the alcohol testing process and operates an Evidential Breath Testing (EBT) device. 4 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective Date: January 1, 1995 Revised: January 20, 2015 Barbiturates - any one of a group of drugs that act as depressants on the central nervous system and are typically used to treat anxiety, tension, and short-term sleep disorders. Bath Salts - synthetic stimulants evasively marketed as "bath salts" and "plant food" in which users can smoke, snort, or inject the drug, to suffer from extreme paranoia, hallucinations, delusions, agitation, hypertension, chest pain, headache, and suicidal ideations. Benzodiazepines - any one of a group of prescription depressants used for the treatment of anxiety, panic attacks, phobias and alcohol withdrawal (e.g. Valium) Canceled Test - a drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which Part 40 requires to be canceled. A canceled test is neither a positive nor a negative test. Cannabinoids (Marijuana) - drug obtained from the flowering tops, stem and leaves of the hemp plant Cannabis Sativa. It is an intoxicant and hallucinogen whose primary active ingredient is tetrahydro-cannabinol. CCF - Custody and Control Form Cocaine - alkaloid drug derived from the leaves of the Coca shrub. It acts as an anesthetic depressing nerve endings and nerve trunks; however, it also stimulates the central nervous system producing hallucinations & intoxication. Crack/rock cocaine is variant. Collector - a person who instructs and assists individuals at a collection site, who receives and makes an initial inspection of the specimen provided by those employees, and who initiates and completes the CCF. Controlled Substance - Any drug classified by the US Drug Enforcement Agency (DEA) into the five schedules or classes on the basis of their potential for abuse, accepted medical use, and accepted safety for use under medical supervision. 5 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective Date: January 1, 1995 Revised: January 20, 2015 Desi•nated Em•lo ee Re•resentative DER - An employee authorized by the City to take immediate action(s) to remove employees from safety- sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the City consistent with the requirements of 49 CFR Part 40. Disabling Damage - Damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so driven. "Disabling damage" does not include: ✓ Damage which can be remedied temporarily at the scene of the accident without special tools or parts ✓ Tire disablement without other damage even if no spare tire is available ✓ Headlamp or taillight damage ✓ Damage to turn signals, horn, or windshield wipers which makes them imperative DOT - Department of Transportation Driver - Any person who operates a commercial motor vehicle (CMV), This includes, but is not limited to full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors. Evidential Breath Testing Device. (EBT) -An EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL) FMCSA - Federal Motor Carrier Safety Administration FTA - Federal Transportation Administration 6 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 Fitness for Duty - An employee is fit for duty when he/she can perform all aspects of his/her duties without the presence of any illegal drug, alcohol, or impairing levels of legal (prescribed or over-the-counter (OTC)) drugs or their metabolites in their system. Health and Human Services (HHS) - the Department of Health and Human Services, or any designee of the Secretary, Department of Health and Human Services Illegal Use - Use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. Inhalants - Any of a variety of organic solvents and other chemicals that are volatile at room temperature and which when inhaled produce an alteration in mental status examples of which include, but are not limited to: glues, spray paint, nail polish, correction fluid, room odorizers, fuel gas, solvents, aerosols, and anesthetics. K2 - a drug, inhaled, or otherwise ingested, may produce intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changes, distorts, or disturbs the auditory, visual, or mental process, and the product or substance has no other apparent legitimate purpose for consumers. Medical Review Officer (MRO) - A licensed physician (medical doctor or doctor of osteopathy) authorized by the City of Port Arthur to receive laboratory results generated by an employer's 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 or her medical history and other relevant biomedical information. Metabolite - a modified form of a drug that has been chemically altered by the body's metabolic system. 7 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 Methadone - a synthetic narcotic similar in effect to morphine which blocks the euphoria action of Heroin. It is commonly used as a substitute narcotic in the treatment of heroin addiction. Methaqualone - a control nervous system depressant that slows down the heartbeat, breathing and brain activity (e.g. Quaaludes, Mescaline, etc.) Off Duty - an employee who is not required to report to work. Opiates - any of a group of drugs derived from Opium that are narcotics (e.g. Codeine, Morphine, etc.). Heroin, which also belongs in the Opiates family, is classified as a Schedule 1 drug, and as such, has no acknowledged medical use in the U.S. Over-the-Counter - those medications, which may be purchased without a prescription from any number of retail outlets which, may singularly, or in combination, impact an employee physiologically and/or psychologically. Phencyclidine - a drug, which acts simultaneously as a depressant, anesthetic, and hallucinogen and often produces extreme mood shifts. commonly initialized as PCP. Positive Alcohol Test - body at a concentration of 0.04 BAC or greater as measured by an EBT device. Failure, or refusal, to submit to a test, when directed to do so by a supervisor or official of the City, constitutes a positive alcohol test. Positive Drug Test - any urine that is chemically tested (screened and confirmed), shows the presence of controlled substance(s) at or above the level set forth in Part 40, and is verified by the MRO. Propoxyphene - a narcotic analgesic prescribed for the relief of moderate to severe pain that will cause a decrease in heart rate, breathing and brain activity (Ex. baryon). 8 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 Reasonable Suspicion - when the observed and articulable circumstances/behavior connected with an employee as noted by a trained supervisor or City Official and/or as noted elsewhere in this policy indicate probable cause to suspect an employee is under the influence of alcohol or drugs pursuant to § 7.3. Safety Sensitive Employee - an employee whose job functions include or may include en toto, or in part, the following: ✓ Operating a revenue service vehicle, including when not in revenue service. (FTA) ✓ Operating a non-revenue vehicle, when required to be operated by a holder of a Commercial Drivers License (CDL). (FTA) ✓ Controlling dispatch or movement of a revenue service vehicle or equipment used in revenue service. (FTA) ✓ Maintaining a revenue service vehicle or equipment used in revenue service. (FTA) ✓ Carrying a firearm for security purposes. (FTA) ✓ Any supervisor who performs or whose job description includes the performance of any function listed above is also considered a safety-sensitive employee. ✓ Any person, including a volunteer, applicant, or transferee, who performs any of the functions noted above shall be subject to the terms of this policy regarding safety sensitive employees. Under FMCSA regulations, a Safety Function means: ✓ All time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work (includes time at the facility waiting to be dispatched, time inspecting equipment, or servicing/conditioning the CMV at any time); driving when CMV is in operation; all time in or upon the CMV except resting time in a sleeper berth; all time loading or unloading a vehicle supervising/assisting in the loading or unloading, remaining in readiness to operate a vehicle, or in giving receipts for shipment 9 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective Date: January 1, 1995 Revised: January 20, 2015 loaded or loaded; and time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. Split Specimen - in drug testing, a part of the urine specimen that is sent to a first HHS laboratory and retained unopened, and which is transported to a second HHS-certified laboratory for testing upon employee request following a verified positive, adulterated, or substituted test result from the primary specimen. Substance Abuse Professional (SAP) - A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing and aftercare. 5.0 Employee and Supervisory Training 5.1 Employees - Employees will receive a minimum of sixty (60) minutes of training on the effects and consequences of prohibited drug use and alcohol misuse on personal health, safety and work environment and the signs and symptoms that may indicate prohibited drug use. 5.2 Supervisors - Supervisors, and selected City officials who are authorized to make reasonable suspicion determination shall receive a minimum of sixty (60) minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse, and a minimum of sixty (60) minutes of training on the physical, behavioral, speech, and performance indicators of probable use of drugs. 6.0 Prohibited Substances and Conduct As a condition of employment, covered employees are required to submit to drug and alcohol tests administered in accordance with 49 CFR Part 40, Part 382 and Part 655. When administering a drug test, the City of Port Arthur shall ensure that the following prohibited drugs or their metabolites are tested for: 10 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 ✓ Marijuana ✓ Cocaine ✓ Opiates ✓ Amphetamines ✓ Phencyclidine (PCP) The City of Port Arthur sets forth the following information regarding prohibited substances and conduct, to wit: 6.1 Illegal Substances - Under the Drug-Free Workplace Act, it is prohibited for any employee, or contractor, of the City of Port Arthur to possess, manufacture, sell, distribute or use, any illegal substance in the workplace. The prohibited drugs listed above are always illegal and employees are prohibited from consuming any of them at all times. Employees may be tested for illegal drugs anytime they are on duty. 6.2 Alcohol - Covered employees and contractors, of the City of Port Arthur are prohibited from consuming alcohol in any form: ✓ While performing safety-sensitive functions; ✓ Within four (4) hours prior to performing safety-sensitive functions; ✓ While on call (FTA) ✓ Within eight (8) hours following an accident requiring a test, or until employee undergoes a post-accident test, which ever occurs first. Alcohol tests are conducted only just before, during, and just after the employee's performance of a safety-sensitive function. An alcohol test is considered positive if the employee's BAC is at 0.04 BAC or greater. If an employee tests positive for alcohol at a concentration equal to or greater than 0.02 but less than 0.04, the employee cannot continue to perform any safety-sensitive function until eight (8) hours have passed, or the employee was retested and the result was less than 0.02 (FTA). Under FMSCA regulations, 11 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 the employee must be immediately removed from safety-sensitive duty for at least 24 hours after the test. 6.3 - Over-the-Counter and Therapeutic Drugs - employees, and contractors, are required to inform the City of Port Arthur whenever they are taking therapeutic medication(s), which could impair their ability to effectively perform their assigned duties (FMCSA). In cases where the medication contains a warnin. the em.lo ee is to in orm his/her su•ervisor .rior to be.innin. duties in order that the su.ervisor ma contact the Human Resources De.artment. The Human Resources De.artment will contact the City's medical Authority, or his designee, to determine the employee's fitness for duty given the emplo ee's classi ication assi.nment and medication. 6.4 Alcohol/Illegal Drug Use/Consumption - It is prohibited for any em•lo, ee, or contractor, of the City of Port Arthur to use, or consume, alcohol or dru.s while o.eratin. an Cit e.ui.ment on Cit Business on Cit •remises or durin. the em.lo ee's workin. hours includin. lunch and break times. An exce•tions to this •olic must be a. .roved in advance b the Cit Manager. 6.5 Inhalants - In compliance with Rule 169.2 of the Texas Worker's Compensation Commission (TWCC), the City prohibits the intentional misuse of any substance legal, or illegal, by concentrating fumes/vapor/liquid, or circumventing safety procedures/protocols (whether City or product) in a manner which impairs an employee's ability to safely perform his/her job duties is prohibited. Inhalants include, but are not limited to: glues, spray paint, nail polish, correction fluid, room deodorizers, fuel gas, solvents, aerosols and anesthetics. 7.0 General Guidelines and Policies/Procedures for Alcohol and Controlled Substance Testing The City of Port Arthur on its own authorit hereb extends a••lication of the polic to all emplo ees who occupy classifications for which Commercial Drivers Licenses (CDLs) are required and/or who are 12 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 issued City vehicles. Adherence to, and compliance with, this policy, including participation in the City's controlled substance and alcohol testing program, is a required condition of continued employment. Testing for alcohol and/or controlled substances under this policy will be administered in accordance with 49 CFR Part 40, as amended. The drug/controlled substances testing procedures will include a split specimen collection method and a Federal Custody and Control Form (CCF) with a unique identification number to ensure that the correct test result is attributed to the correct employee. An initial screening test using an immunoassay technique will be performed. If the specimen is positive for one or more of the drugs tested, then a confirmation test will be performed using the state-of-the-art gas chromatography/mass spectrometry (GC/MS) or liquid chromatography/mass spectrometry (LC/MS) analysis. If the test is non-negative, the MRO will conduct a verification interview, giving the employee or applicant an opportunity to provide a valid medical explanation for the test result. If the result is negative-dilute, a second collection be required, and depending on the level of creatinine detected, the second collection may be directly observed. Tests for alcohol concentration will be conducted using an alcohol screening device and/or an evidential breath testing (EBT) device for confirmation. A DOT Alcohol Testing Form will be used and a unique sequential number will be assigned to each test. Detailed drug and alcohol specimen collection and testing procedures outlined under Part 40 are available upon request from the Municipal Contact Person identified in Section 11.0 of this policy. While the City will conduct all testing in accordance with applicable federal statutes, the City reserves the right to utilize tests other than those required by federal statutes and to test for substances other than those delineated by federal statutes. 13 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 7.1 Pre-Employment Testing - All applicants for safety-sensitive positions, or any employee transferring from a non-safety-sensitive to a safety-sensitive classification, shall undergo pre-employment drug and alcohol testing at a time and place designated by the City. An alcohol test result below 0.02 and a verified negative drug test result must be received from the MRO before an employee or candidate can be allowed to perform any safety-sensitive function for the first time. If the pre-employment test is canceled, the individual will be required to undergo another test and successfully pass the test with a verified negative result. Under FMCSA rule, pre-employment drug testing waiver is allowed if the employee meets the conditions set forth in Section 382.301 (b). Subject to the candidate's written consent, the City will check on the drug and alcohol testing background of candidates and employees being considered for employment into any safety-sensitive position within the City. If the individual refuses to provide consent, he or she will not be hired into a safety -sensitive position. If the individual has had a positive DOT drug or alcohol test within the previous two years (three years for FMCSA-covered employees), he or she will not be hired until and unless the individual has provided documentation of successful completion of the return-to-duty process, which includes a SAP referral, evaluation and treatment plan. An employee who has not performed any safety-sensitive function for at least 90 consecutive calendar days (FTA) or 30 days under FMCSA, and has been out of the random pool during that period, must pass a pre-employment drug test before he or she is allowed to return to safety-sensitive work. 7.1A The City of Port Arthur requires on its own authority that all applicants for positions with the City of Port Arthur are to submit to testing for controlled substances and alcohol. 7.1B Employees who are promoted, or transferred, into safety sensitive positions will be given substance and alcohol tests as part of the qualifying procedure for these positions. 14 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective Date: January 1, 1995 Revised: January 20, 2015 7.2 Random - Employees who perform safety sensitive functions will be subject to random testing to deter use of prohibited drugs and misuse of alcohol. The random selection will be conducted using a scientifically valid method, such as a random number table or a computer-based random number generator, which gives each employee an equal chance of being selected every time a selection is made. It is possible that some employees will be selected several times in one year, and other employees not for several years. Management shall have no discretion on who will be selected. Random testing will be on an unannounced basis and will be with replacement. Every effort will be made by the City to spread random testing reasonably throughout the calendar year, all days of the week, and all hours when safety-sensitive functions are performed. Once notified to submit for random testing, employees must report to the designated test site immediately. Unreasonable delay may be deemed to be a test refusal. The City will conduct random drug and alcohol tests at a minimum annual percentage of covered employees as required by the FTA and FMCSA. The rates are subject to change on an annual basis. The City of Port Arthur on its own authority will randomly test employees who occupy classifications which require the holding of a Commercial Drivers License (CDL) or who are issued a City vehicle. (See Attachment "A" for classifications subject to random testing.) 7.3 Reasonable Suspicion - Whenever a supervisor or City official has reason to believe that an employee has used a prohibited drug and/or engaged in alcohol misuse, reasonable suspicion testing will be conducted. The referral will be made by one (1) trained supervisor or City official based on the specific, contemporaneous and articulabie observations concerning the appearance, behavior, speech or body odors of the employee. The supervisor who makes the referral need not be the employee's direct supervisor, as long as he or she has received training in detecting the signs and symptoms of drug use and alcohol misuse. The supervisor's observations will be kept in the employee's confidential drug and alcohol testing file. Examples of factors in determining reasonable suspicion include, but are not limited to, the following: 15 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective Date: January 1, 1995 Revised: January 20, 2015 ✓ Physical signs and symptoms consistent with use of prohibited substance, or misuse of alcohol, or illegal drug use, e.g. odor of alcohol, lack of coordination, glassy eyes, slurred speech, erratic or bizarre behavior, or unusual patterns of absence/tardiness. ✓ Evidence of manufacture, distribution, dispensing, possession, or use of controlled substances, drugs, alcohol, or other prohibited substances. ✓ Occurrence of a serious or potentially serious industrial accident that may have been caused by the employee's use of alcohol or drugs. ✓ Fights (defined as physical contact), assaults, and flagrant disregard or violations of established safety, security, or other operating procedures. A reasonable suspicion alcohol test shall be conducted only if the observation is made ,just before, during, or just after the employee's performance of safety-sensitive function. If the alcohol test is not conducted within two (2) , reason for the delay must be documented and kept in the file. The City will cease all attempts to complete the alcohol test after eight hours (8) and document the reason for the inability to test. FMCSA rule requires that within 24 hours of the observed behavior, or before the alcohol or drug test results are released, the supervisor or company official who made the observations shall make a written and signed record of the observations leading to the decision to conduct reasonable suspicion test(s). 7.4 Post Accident/Incident - The City of Port Arthur requires that tests for drugs/controlled substances and alcohol be conducted whenever a safety sensitive employee is involved in an accident, where one or more of the following conditions exist under the FTA rule when: ✓ An individual dies; ✓ An individual suffers bodily injury and immediately receives medical treatment away from the scene; 16 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 ✓ The public transportation vehicle (if bus, electric bus, van or automobile) or any other vehicle(s) involved in the accident suffers a disabling damage as a result of the accident and is transported away from the scene by a tow truck or other vehicle; or ✓ The public transportation vehicle (if rail car, trolley car, trolley bus or vessel) is removed from revenue service. Whenever there is loss of human life, any surviving employee operating the vehicle at the time of the accident shall be tested for drugs and alcohol. Any safety-sensitive employee whose performance could have contributed to the accident also shall be tested. Following non-fatal accidents, the employee operating the vehicle at the time of the accident shall be tested unless his or her performance can be completely discounted as a contributing factor to the accident. Any other safety-sensitive employee whose performance could have contributed to the accident also shall be tested. Under the FMCSA rule, following an occurrence involving a commercial motor vehicle operating on a public road, the City shall test for alcohol and controlled substances for each of its surviving drivers: ✓ If the accident involved a human fatality; or ✓ If the driver receives a traffic citation (within eight hours of the occurrence for alcohol, or within 32 hours for controlled substances) for a moving traffic violation arising from the accident, if the accident involved: o Bodily injury requiring immediate medical treatment away from the scene; or o One or more of the motor vehicles incurs disabling damage requiring the vehicle to be towed away. Covered employees involved in an accident that requires testing must remain readily available for testing, including notifying the City of their whereabouts if they leave the scene of the accident before testing to obtain emergency medical care, or to obtain assistance in responding to the 17 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 accident. They will be considered to have refused to submit to testing if they fail to do so. Employees are prohibited from using alcohol for eight (8) hours following an accident or until post-accident testing is completed, whichever occurs first. Every effort will be made to conduct alcohol testing within two (2) hours after the accident. In the event the alcohol test is delayed beyond two hours, the city will prepare and maintain a record stating the reason(s) for the delay. If an alcohol test is not administered within eight (8) hours, the City will cease all efforts to administer the test and document the reason for the inability to test. In the event the drug/controlled substances test is not administered with 32 hours from the time of the accident, the City will cease all attempts to administer the test and document the reason for the inability to test. This requirement should not be construed to delay the necessary medical attention for injured people following the accident. If the City is unable to perform post-accident tests within the required period of compliance, the results of alcohol or drug/controlled substances test conducted by Federal, State or local officials having independent authority for the test(s) shall be considered to have met the requirements of the FTA or FMCSA, provided the test results are obtained by the City. The City of Port Arthur on its own authority requires the following: • All employees in an accident in any City vehicle are required to be immediately tested for controlled substances and alcohol if they are not hospitalized as a result of the accident. ✓ Emplo ees who are involved in an event causin. si.ni icant dama.e to the City or private property, may, as reasonably determined by a City official, be required to submit to testing for controlled substances and/or alcohol. ✓ Employees who are involved in any event occurring on, involving, City property or personnel that results in a fatality, injury or near 18 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 injury, may be required to submit to testing for controlled substances and/or alcohol. ✓ Employees involved in any event, or action, which appears to involve violation of municipal safety rules, or poses a significant safety threat to citizens and/or fellow employees, may be required to submit to testing for controlled substances and/or alcohol. 7.5 Return to Duty - Safety sensitive employees shall be required, prior to return to duty, to submit for testing for alcohol and/or controlled substances if they have tested positive for drugs or alcohol at 0.04 BAC or greater, or has refused a test (including adulteration or substitution.) The return-to-duty process involves evaluation by a Substance Abuse Professional (SAP); successful completion of the rehabilitation, treatment or education program outlined by the SAP; and obtaining a verified negative return-to-duty drug test and/or alcohol test under 0.02BAC. Collection of urine specimen for all DOT return-to-duty drug tests shall be conducted under direct observation. The City of Port Arthur on its authority requires that non-DOT employees who have tested positive and who have undergone treatment in an approved substance abuse facility will be tested prior to being allowed to return to work to ensure fitness for duty. 7.6 Follow-up - Safety sensitive employees who have violated the policy by testing positive for drugs or alcohol or have refused a required test and are allowed to return to duty are subject to a minimum of six (6) unannounced follow-up tests for a period of not less than twelve (12) months and not more than sixty (60) months. Follow-up testing is apart and separate from the random testing requirements. Collection of urine specimen for all DOT follow-up tests shall be conducted under direct observation. The City of Port Arthur may on its own authority test for the following drugs or metabolites: Barbiturates, Benzodiazepines, Methadone, Methaqualone, and Propoxyphene. Testing will be at existing screen and confirmation levels. 19 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 8.0 Confirmation/Verification of Positive Test Results 8.1 Positive Test Results - A test is considered to be positive when the presence of controlled substances is confirmed at levels, which exceed those allowed under Part 40 by statute for safety sensitive employees, or where the level of alcohol indicated by an EBT is equal to or greater than 0.04 BAC. 8.1A The detected presence of K2 or Bath Salts as defined in this policy also is considered a positive test. Employees and applicants who receive non-negative test results have the right to request, within 72 hours of notification, a confirmatory test of the split sample. However, DOT does not authorize split sample testing for Invalid test results. NOTE: The cost of the split specimen testing will be paid by the applicant or employee. Employees have the option of having the cost payroll deducted. 8.2 Refusal to take Alcohol/Controlled Substance Test - Refusing to submit to test for alcohol and/or controlled substances, when directed to do so by an authorized City official, shall constitute a positive test. 8.2A Refusal shall include: ✓ Failure to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. ✓ Fail to remain at the testing site until the testing process is complete. ✓ Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations. ✓ In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen. 20 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 ✓ Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. ✓ Fail or decline to take an additional drug test the employer or collector has directed you to take. ✓ Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER. ✓ Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector). ✓ For an observed collection, fail to follow the observer's instructions to raise yew. clothing above the waist, lower clothing and underpants to mid-thigh, and to turn around to permit the observer to determine if you have see if you are wearing any type of prosthetic or other device that could be used to interfere with the collection process. ✓ Possess or wear a prosthetic or other device that could be used to interfere with the collection process. ✓ Admitting to the collector or MRO that you adulterated or substituted the specimen. As an employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. 8.2B Should Title 49 Transportation Part 40 §40.191 and/or §40.261 be modified or amended said modification or amendment shall be incorporated herein by reference. 8.2C Secondary testing upon receipt of a negative-dilute test result from the MRO shall only be required upon the recommendation of the MRO. 8.2D Refusal to take K2/Bath Salts Test - Refusing to submit to test for K2 and/or Bath Salts, when directed to do so by an authorized City official, shall constitute a positive test. 21 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 8.2E Negative Dilute - The ruling of a test as negative-dilute by a Medical Review Officer (MRO) where the creatinine level is above 5mg/dL shall be deemed a negative and conclude testing for that test administration. 8.3 Consequences for Confirmed Alcohol Test Between 0.02 and 0.04 - Under the FTA rule, if an employee tests positive for alcohol at 0.02 to 0.039, he or she will be removed from safety-sensitive duty for at least eight (8) hours from the completion of the test, unless a re-test shows a result of less than 0.02. FMCSA covered employees will be immediately removed from safety-sensitive duty for at least 24 hours after the test. 8.3A Safety sensitive employees who are sent home for the twenty- four hour period will not be paid for the time, which they are away from duty. 8.3B Safety sensitive employees who are found to have an alcohol concentration between 0.02-0.039 BAC shall be subject to a three- (3) day suspension upon the second violation. Safety sensitive employees who are found to have an alcohol concentration between 0.02 - 0.039 BAC shall be subject to a five (5) day suspension upon the third violation. Violations shall be cumulative for a sixty (60) month period. Safety sensitive employees who incur more than three (3) violations within the subject range in sixty (60) months shall be terminated. 8.4 Verification of the Presence of Controlled Substances - The verification of the presence of controlled substances in safety sensitive employees is a serious issue with each case requiring individual evaluation. A positive drug test result shall result in disciplinary action up to and including termination. 8.4A Safety sensitive employees who test positive for drugs/controlled substances (including test refusal) shall be referred to a SAP for evaluation, education or treatment and provided educational materials. 22 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 8.4B Safety sensitive employees who have the presence of controlled substances confirmed and verified shall be immediately suspended without pay and removed from their safety sensitive position. 8.4C Employees who test positive for drugs/controlled substances (including test refusal) the first time shall be subject to a fifteen (15) day suspension without pay and the requirement to follow the treatment program recommended by the Substance Abuse Professional. 8.4D Employees who test positive for drugs/controlled substances (including test refusal) a second time pursuant to this policy shall be subject to a thirty- (30) day suspension without pay and the requirement to follow the treatment program recommended by the Substance Abuse Professional. 8.4E Employees who test positive for drugs/controlled substances (including test refusal) a third time pursuant to this policy shall be subject to termination. 8.4F Nothing in 8.4C, 8.4D, or 8.4E of this section shall preclude the immediate termination of an employee subject to review by the Human Resources Department, recommendation by the Department Head and approval by the City Manager; further, violations shall be cumulative throughout the employment tenure of the employee. 8.5 Consequences for a Positive Alcohol Test at 0.04 BAC or Greater The confirmation of a presence of alcohol at 0.04 BAC or greater, as measured by an EBT in a safety sensitive employee is a serious matter, which will require individual evaluation. The presence of alcohol at a level equal to or greater than 0.04 BAC in a safety sensitive employee shall subject the employee to disciplinary action up to and including termination. 8.5A Safety sensitive employees who test positive for alcohol at 0.04 level or greater (EBT), or refuse a required test, shall be referred to a SAP for evaluation, education or treatment and provided educational materials. 23 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 8.5B Safet sensitive employees who test •ositive for alcohol at the 0.04 level or .reater (EBT), or refuse a required test the first time shall be immediately suspended without .av and removed from their safet -sensitive position. 8.5C Sa et -sensitive em.lo ees who test •ositive or alcohol at the 0 04 level or .reater EBT or re use a required test the irst time shall be sub'ect to disci dinar action in the form of a fifteen (15) day suspension without pay. 8.5D Safet -sensitive employees who test positive for alcohol at the 0.04 level or reciter (EBT), or re use a required test a second time durin. their emplo ment tenure shall be sub'ect to a thirt_ _30• da, suspension without pay. 8.5E Nothing in 8.5C or 8.5D shall be a barrier to termination if deemed appro•riate by the de.artment head and City Mana.er. Further, violations shall be cumulative throughout the employment tenure of the employee. 8.6 Appeals - Employees who are suspended without pay, or terminated, pursuant to positive confirmations shall have the Right of Appeal pursuant to Chapter 17 of the City of Port Arthur Code of - • . . _ • - • _ _ - - • -_- - . - -• - - e __ : -- - - - . • - _ - - - •- - = - . .. - . 8.6 Employees who Request Assistance Prior to Notification to Submit to a Test - The City o Port Arthur is strongly committed to assistin. its employees in a positive manner with regard to substance abuse and alcohol misuse. To this end emplo ees are encouraged to seek assistance in dealin. with problems in this area. Emplo ees who seek assistance in an appro.riate treatment acilit •rior to test noti ication shall not be sub:ect to disci.linar action or partici•atin• in such •rograms. Further, .articisation in such •ro.rams shall 24 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 not impede the employee's consideration for promotion or transfers. In accordance with the FMCSA rule, the City will ensure that self- identif ication does not occur simply to avoid testing under this policy. Employees who admit to alcohol misuse or controlled substances use will not be allowed to perform a safety-sensitive function until they have successfully completed education or treatment requirements. Employees who complete treatment programs shall be required to comply with terms of the applicable Alcohol and Drug policy. 8.7 Confirmed or Verified Positive Results (Alcohol/Controlled Substances), or Prohibited Conduct by Contractors 8.8A Confirmed or verified positive results (alcohol/controlled substances), or prohibited conduct by contractors shall subject the contractor to penalties as deemed appropriate by the City Manager up to and including termination of the contract. 8.8B Confirmed positive results (alcohol/controlled substances), or prohibited conduct by a contract employee shall subject the contract employee to immediate removal from the City work site, and communication documenting the removal to the contract agency and the Human Resources Department. 8.9 Consequences for a Positive Test for K2 and Bath Salts - The confirmation of presence of K2 or Bath Salts shall subject the employee to disciplinary action up to and including termination. 8.9A Employees who test positive for K2 or Bath Salts, shall be referred to a SAP for evaluation, education or treatment and provided educational materials. 8.9B Employees who test positive for K2 or Bath Salts, or refuse a required test the first time shall be subject to disciplinary action in the form of fifteen (15) day suspension without pay. 25 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 8.9C Employees who test positive for K2 or Bath Salts, or refuse a required test the first time during their employment tenure shall be subject to a thirty (30) day suspension without pay. 8.9D Employees accessing the provisions of Section 8.6 Employees who Request Assistance Prior to Notification to Submit to a Test shall be treated pursuant to the guidelines of that policy. 8.9E Nothing in 8.9k 8.9B. or 8.9C shall be a barrier to termination if deemed appropriate by the Department Head and City Manager. Further, violations shall be cumulative throughout the employment tenure of the employee. 9.0 Return to Work Agreements 9.1 Employees who complete substance abuse treatment programs, or who have been suspended due to testing positive for alcohol, or drugs/controlled substances, must agree to Return to Work Agreement. The Return to Work Agreement must contain, but is not limited to, the following: ✓ A release to work statement from the Substance Abuse Professional. ✓ An agreement to negative return-to-duty tests and unannounced follow-up testing as prescribed by the SAP. The collection of urine specimen for such tests shall be conducted directly-observed. ✓ A statement of expected work-related behaviors. ✓ An agreement to follow specific after-care requirements. ✓ An agreement that violation of, or failure to follow, the terms of the agreement shall subject the employee to termination. 9.2 Failure to follow SAP instructions as documented in writing hereby-shall constitute a positive finding and subject employee to termination. 26 City of Port Arthur Alcohol and Controlled Substance Testing Policy Effective bate: January 1, 1995 Revised: January 20, 2015 10.0 Availability Each employee in a classification denoted on Attachment "A" shall receive a copy of this policy section and shall sign a form acknowledging his receipt of said copy. Further, department heads shall maintain a copy of this policy section and make it available to employees upon request. 11 .0 Municipal Contact Anyone with questions regarding this policy, or any portion of the City's drug and alcohol policy, should contact the following individual(s): Director of Human Resources Assistant Director of Human Resources 444 4th Street, Suite 103 Port Arthur, Texas 77641-1089 (409) 983-8218 27