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Home My WebLink About2001-12-02 1 ORDINANCE NO. AN ORDINANCE ADOPTING THE CITY OF BATESVILLE ALCOHOL AND DRUG TESTING POLICY FOR THE CITY OF BATESVILLE; AND FOR OTHER PURPOSES WHEREAS, the Safety Director for the City has proposed the City of Batesville Alcohol and Drug Testing Policy which is before the meeting; and WHEREAS, the City Council finds and determines that the adoption of said policy is in the public interest. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF BATESVILLE, ARKANSAS: Section 1. The City of Batesville Alcohol and Drug Testing Policy which is before the meeting be and is hereby adopted and shall become a part of the Batesville Employee Handbook. PASSED AND ADOPTED this 11th day of December, 2001. APPROVED: JOE BIARO, MAYOR ATTEST: DE ISE M. JOHNSTON, Ory CLERK CITY OF BATESVILLE Policy for a Drug and Alcohol Free Workplace t Policy for a Drug and Alcohol Free Workplace TABLE OF CONTENTS Page SECTION 1 PURPOSE OF POLICY 3 SECTION 2 POLICY STATEMENT 3 SECTION 3 EMPLOYEE RESPONSIBILITY 4 SECTION 4 SLLPERVISOR RESPONSIBILITY 4 SECTION 5 DISCIPLINARY ACTION 4 SECTION 6 DEFINITIONS 4 SECTION 7 EMPLOYEES SUBJECT TO DRUG AND/OR ALCOHOL TESTING 5 SECTION 8 WHEN AN EMPLOYEE MUST BE DRUG AND/OR ALCOHOL TESTED 5 SECTION 9 EMPLOYMENT STATUS PENDING RECEIPT OF TEST RESULTS 6 SECTION 10 CONFIDENTIALITY 6 SECTION 11 DRUG TESTING PROCEDURES 7 SECTION 12 ALCOHOL TESTING PROCEDURES 7 SECTION 13 DRUG AND ALCOHOL TESTING DESIGNEES 7 SECTION 14 DRUG FREE AWARENESS PROGRAM—EDUCATION AND TRAINING 8 SECTION 15 FORMS 9 APPENDIX A SUBSTANCE ABUSE PROFESSIONALS 16 APPENDIX B DRUG AND ALCOHOL TESTING DESIGNEES 18 a 2 SECTION 1. PURPOSE OF POLICY The City of Batesville has a vital interest in maintaining a safe, healthy and efficient workplace for the benefit of its employees, and the public as well as maintaining efficiency and productivity in all of its operations. In fulfillment of its responsibilities, the city is committed to the maintenance of a drug and alcohol free workplace. The City of Batesville and commercial driver lic-ensed (CDL) employees who drive commercial motor vehicles are subject to the requirements of federal statutes and implementing regulations issued by the Federal Highway Administration of the U.S. Department of Transportation. Commercial driver licensed employees are also subject to the provisions of this policy except when those employees are engaged in functions covered by the Federal Highway Administration-of the U.S. Department of Transportation. CDL employees are not subject to the random testing portion of this policy. CDL employees are not subject to the Pre-Employment portion of this policy if they begin employment with The City of Batesville as a CDL holder. CDL employees are subject to the Post Accident portion of this policy and to the Reasonable Suspicion portion of this policy (as defined under Section-7., (WHEN AN EMPLOYEE MUST BE DRUG AND/OR ALCOHOL TESTED) and if they are not subject to the requirements of the Federal Highway Administration of the U.S. Department of Transportation. Separate records will be maintained for CDL and non-CDL employees. SECTION 2. POLICY STATEMENT All employees must be free from the effects of illegal drugs and alcohol during scheduled working hours as a condition of employment. Drinking alcoholic beverages or using drugs while on duty, on city property, in city vehicles, during breaks or at lunch, or working or reporting for work when impaired by or under the influence of alcohol, or when drugs and/or drug metabolites are present in the employee's system is strictly prohibited. Misusing or abusing prescribed or over the counter drugs or violating any Federal or State law relating to drugs is also prohibited. The City of Batesville reserves the right to require employees to submit to drug and alcohol testing to determine usage of drugs and/or alcohol as provided in this policy. Employees must submit to all required tests. Any employee who refuses to submit to any required test without a valid medical explanation will be subject to discharge. Refusal to execute any required consent form, refusal to cooperate regarding the collection of samples, or submission or attempted submission of an adulterated or substituted sample shall be deemed refusal to submit to a required test. The exception to this policy is the authorized possession, use and transportation of drugs prescribed by a physician and used according to prescription instructions, unless such use would pose a safety risk to the employee, other-Vmployees or the public. It is important to note that the prescription taken by the employee shall belong to the employee. DO 3 DRUG: Any substance that has known mind or function altering effect on a person, including psychoactive substances prohibited or controlled by Federal or State controlled substance laws. PRESCRIBED DRUGS: Any substance prescribed for use by the employee by a licensed medical practitioner. SAMPLE: Means oral fluid, hair or blood. SECTION 7 EMPLOYEES SUBJECT TO DRUG A1TND/OR ALCOHOL TESTING A. All full time City of Batesville employees except when they are covered as a CDL holder engaged in functions covered by the Federal Highway Administration of the U.S. Department of Transportation. B. All part-paid City of Batesville firefighters C. All seasonal and part-time City of Batesville employees SECTION 8. WHEN AN EMPLOYEE MUST BE DRUG AND/OR ALCOHOL TESTED A. Pre-Employment: Offer of employment will be contingent upon receiving a negative drug test result. B. Random: 25% of workforce will be randomly drug tested annually. 10%'of workforce will be randomly alcohol tested annually. Random selection will be accomplished by utilizing a computer program. Two designated persons will be present during employee selection. Extreme confidentiality will be exercised during selection and employee notification. C. Reasonable Suspicion: A drug or alcohol test may be conducted immediately if a supervisor or department superintendent has a reasonable suspicion that an employee may be under the influence of a prohibited substance. Employees suspected of being unfit for duty will be escorted by a supervisor or designated representative to the authorized testing location. Refusal to cooperate in the collection procedure or refusal to take the test will result in discharge. For the purpose of this rule, reasonable suspicion shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. See Reasonable Suspicion Verification Form on page ? The required observations must be made by a supervisor or city official or employee who is trained in detecting the signs and symptoms of misuse of alcohol and drug use. See Addendum#2. "Designated On-Call"employees have an obligation to remain alcohol free and free of illegal drugs during the tenure of their on call duty. "On-Call"employees have an affirmative duty to notify their supervisor when called if they are in violation of this policy. 5 Batesville will be notified of the results on a limited need-need-to-know basis. No test results shall appear in a personnel folder. Information of this nature will be included in a separate drug and alcohol test file. Drug test results will be released to a decision-maker in a lawsuit, grievance or other proceeding (such as for a Worker's Compensation or Unemployment Insurance Claim) initiated by or on behalf of the donor. SECTION 11 DRUG TESTING PROCEDURES Two City of Batesville certified drug and alcohol designated testers will be present The employee will be directly observed during this process. Drug testing is done by collecting a oral fluid specimen onto a foam swab. The oral sample will be transferred to the testing device. The specimen ID section on the test device label will be completed. The results can then be interpreted. There will be no further testing if the results are negative. If the results are positive, another specimen will be collected, sealed and labeled, (in the presence of the employee) and sent to United State Drug Testing Laboratories. If this test is positive it will be sent to the Medical Review Officer. SECTION 12 ALCOHOL TESTING PROCEDURES Two City of Batesville certified drug and alcohol designated testers will be present Alcohol testing will be done using a Breath Scan sample tube. There will be no further testing if the results are negative. A Alcohol confirmation test will be completed by a Breath Alcohol Technician using a Evidential Breath Testing device if the results are positive. SECTION 13 DRUG AND ALCOHOL TESTING DESIGNEES Designated personnel will be trained and manufacturer certified as a skilled administrator for drug and alcohol testing. See Appendix B for a list of City of Batesville designated personnel. 7 SECTION 15 FORMS a ' 9 CITY OF BATESVILLE ® 500 EAST MAIN BATESVILLE, ARKANSAS 72501 Phone 870-698-2400 Fax 870-698-2406 DRUG AND ALCOHOL FREE WORKPLACE POLICY RECEIPT I hereby acknowledge that I have received a copy of The City of Batesville Drug and Alcohol Free Workplace Policy. I understand that it is my responsibility to read this policy and question my supervisor regarding any aspect of the policy that I do not understand. I further-understand that compliance with the requirements of the policy is a condition of employment with The City of Batesville I also understand the return of this Policy Book in good condition is mandatory before I receive my final payroll check or pay a$5.00 charge for the Policy Book. Employee (Print) Employee Name (Signature) I i Date Social Security Number Witness (Print) Witness (Signature) F a 10 • CITY OF BATESVILLE 500 EAST MAIN BATESVILLE, ARKANSAS 72501 Phone 870-698-2400 Fax 870-698-2406 CONSENT TO DRUG AND ALCOHOL TEST I UNDERSTAND that according to the City of Batesville's Drug and Alcohol Free Workplace Policy, which I have read and understand, I may be required to undergo drug and alcohol testing procedures as a condition of employment. The PURPOSE of this testing is to determine the absence or presence of drugs or alcohol. I further UNDERSTAND that failure to consent to this drug and alcohol test will be considered as a reason for discharge. I CONSENT freely and voluntarily to any such drug and alcohol testing that the City Aconducts pursuant to its Drug and Alcohol Free Workplace Policy. t I UNDERSTAND that refusal to submit tQ any required test without a valid medical explanation may result in immediate disclUrge from my employment. Refusal to execute any required consent forms, refusal to cooperate regarding the collection of samples or submission or attempted submission of an adulterated or substituted sample shall be deemed refusal to submit to a required test. I UNDERSTAND that this information will be kept confidential and limited to "need to know"personnel authorized by the City. Beyond these individuals the results will not be released without my written consent or as otherwise required by law. Employee Date Witness Date 11 CITY OF BATESVILLE 500 EAST MAIN BATESVILLE, ARKANSAS 72501 Phone 870-698-2400 Fax 870-698-2406 DRUG AND ALCOHOL TESTING REASONABLE SUSPICION VERIFICATION FORM Employee Name: Observation Date: Time (from am/pm to am/pm Location: \ Street City State Zip Behavior: (speech) Normal Incoherent Slurred Confused Slowed Other: (Awareness) Normal Confused/Disoriented Mood Swings Unusually Aggressive Behavior Drowsiness or Sleepiness Other: Appearance and/or Odors: Normal Disheveled/Unkept Dialated/Constricted'Pupils Dry Mouth Symptoms Puncture Marks Alcohol on Breath Flushed Bloodshot Eyes Profuse Sweating Tremors I Runny Nose/Sores Other 12 Motor Skills: Lack of Coordination/Falling, Swaying, Staggering, Stumbling Unexplained Work-Related Accident or Injury Unsafe Actions Other: Were drugs or drug paraphernalia observed? Yes No Other observed actions or behavior(Specify): In my opinion, this behavior is interfering with the above-named employee's ability to perform his/her duties. Supervisor/Designee Signature Date/Time Witness Date/Time { Received by: Signature Date/Time 13 ® CITY OF BATESVILLE 500 EAST MAIN BATESVILLE, ARKANSAS 72501 Phone 870-698-2400 Fax 870-698-2406 SUPERVISOR TRAINING ATTENDANCE CERTIFICATION In accordance with my Employer's Drug and Alcohol Free Workplace policy, I herein acknowledge that I have received training and understand my obligations. I understand that the use or possession of alcohol in any form is prohibited in the workplace, and that there are restrictions on alcohol use prior to reporting for work and after an accident. I understand that the possession or use of unauthorized or illegal drugs is prohibited at any time whether in the workplace or not. As a condition of employment, I understand that I must submit to random testing for ( alcohol and drugs, and must submit to collection or breath and saliva samples when requested by my Employer or a Employer designee. I also understand that I maybe ` subject to drug and alcohol testing in other circumstances, including,but no limited to post-accident and reasonable suspicion. Employee: Printed Name Signature Social Security Number Date a Gi ti 14 CITY OF BATESVILLE ® 500 EAST MAIN BATESVILLE, ARKANSAS 72501 Phone 870-698-2400 Fax 870-698-2406 TRAINING ATTENDANCE CERTIFICATION In accordance with my Employer's Drug and Alcohol Free Workplace Policy, I herein acknowledge that I have received training and understand my obligations. I understand that the use or possession of alcohol in any form is prohibited in the workplace, and that there are restrictions on alcohol use for a period prior to reporting for work and after an accident. I understand that the possession or use of unauthorized or illegal drugs is prohibited at any time whether in the workplace or not. As a condition of employment, I understand that I must submit to random testing for alcohol and drugs. I also understand that I may be subject to drug and alcohol testing in other circumstances, including, but not limited to, post accident and reasonable suspicion. Employee: Print Name Signature Social Security Number Date 1 15 Appendix A SUBSTANCE ABUSE PROFESSIONALS 0 INTERVENTION and ASSISTANCE Methods of Intervention for Suspected Alcohol or Drug Problems Alcohol and substance abuse is a complex problem calling for specialized supervision and care. Don't help or aid a person whom you think has an alcohol or drug abuse problem. Don't make excused for them, don't do their work for them, and don't look the other way. The problem is not going to go away. Don't enable the person to continue the alcohol or drug abuse. Leave the treatment and counseling of persons with an abuse problems to the professionals. This person should be evaluated by a professional—such as a physician, psychologist, or other person with knowledge of abuse and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. WHERE CAN I GO FOR HELP? Listed below are sources for information on alcohol and drug abuse treatment centers. (Local offices of these and other sources may be in your city or county. Ask your employer.) Alcohol Abuse only ( Alcoholics Anonymous, 175 N Central, Batesville, AR........................870-793-3857 Alcoholics Anonymous Central Office, Little Rock, AR.......................501-664-7303 Alcohol Abuse and Addiction, Information and Treatment, Little Rock, AR.......................................................................................501-375-2733 Highway Hero Program, 1100 N, University, Little Rock, AR.................501-666-9100 Serenity Park, Inc., 2801 W. Roosevelt Road, Little Rock, AR................501-663-7627 Southwest Employee Assistance Program, Plaza West Building, Little Rock, AR.......................................................................................501-663-1797 Twenty-Four Hour Center, Inc., Little Rock AR Alcoholic Rehab Center for Men, 2021 South Main...........................501-375-7585 Alcoholic Rehab for Women, 3900 Affolter Lane.........................- —.-.4e1-868-5184 Wilson, Bill, 2500 McCain Blvd., North Little Rock, AR.......................501-753-1616 Wolfe Street Center, 1210 Wolfe, Little Rock, AR..............................501-372-5662 Drug Abuse Only Arkansas Cares, Little Rock, AR...................................................501-661-7979 The Bridgeway, 21 Bridgeway Rd., Maumelle, AR........................... 501-771-1500 Gyst House, 4201 John Barrow Rd., Little Rock, AR...........................501-568-1682 Gyst O-P Center, 1616 West 14th, Little Rock, AR..............................501-372-6800 Step Up Center, 9300 Geyer Springs Rd., Little Rock, AR.....................501-565-1333 Alcohol and Drug Abuse Alpha Link, Inc., 7509 Cantrell Rd., Little Rock, AR...........................501-664-7867 16 Pinnacle Pointe Hospital 11501 Financial Centre Parkway, Little Rock, AR...........................1-800-880-3322 Central Arkansas Substance Abuse Programs 7107 West 12`h, Little Rock, AR...................................................501-666-6460 Charter Hospital of Little Rock, AR 1601 Murphy Drive, Maumelle, AR....501-851-8700 Cocaine Anonymous, 1712 West 16`h, Little Rock, AR.........................501-374-1334 Cocaine— Lifeline, 24-Hour Helpline...........................................1-800-822-4898 Family Service Agency, 628 West Broadway, Suite 300, North Little Rock, AR.................................................501-372-4242 InterPhase of Arkansas, 5 Shakleford Plaza, Little Rock, AR..................501-227-7305 Living Hope Institute, 600 S. McKinley, Little Rock, AR......................501-663-4673 Ouachita Chemical Dependency Units, Camden, AR.........................1-800-232-1289 Pinewood Resource Center, 425 West Capitol, Little Rock, AR...............501-374-4033 Recover, 9601 Interstate 630, Little Rock, AR....................................501-223-7507 Restore, Two St. Vincent Circle, Little Rock, AR................................501-376-1200 Riverbend Recovery Center, 1201 River Road, North Little Rock, AR.......501-372-4611 Listed Below Are National Sources of Help and Information: National clearinghouse for Alcohol and Drug Information Monday through Friday............................................................1-800-729-6686 The National Federation of Parents for Drug-Free Youth Monday through Friday...........................................................1-800-554-KIDS National Council on Alcoholism 7 days a week, 24 hours a day....................................................1-800-622-2255 Parents Resource Institute for Drug Education (PRIDE) Monday through Friday............................................................1-800-241-9746 Cocaine Helpline Monday through Friday Saturday and Sunday, 12:00 p.m. — 3:00 a.m.................................1-800-COCAINE 17 • Appendix B CITY OF BATESVILLE 500 EAST MAIN BATESVILLE, ARKANSAS 72501 Phone 870-698-2400 Fax 870-698-2406 DRUG AND ALCOHOL TESTING DESIGNEES • 18 CITY OF BATESVILLE DRUG & ALCOHOL TESTING DESIGNEES Randy Palmer Leroy Bennett Sam McClain Marty Thompson Johnny Coles Bob Davis James Boothby Denise Johnston Brenda Riley Sharon Taylor _ Faye England r� t ' 03/06/2002