POLICY 5
DRUG AND ALCOHOL Revised 8/17

SECTION INDEX:    Drug and Alcohol

1    Purpose

2    Reference

3    Application

4    Guidance

4.1    Prohibited Conduct

4.2    Testing

a.    Pre-employment

b.    Transfers

c.    Post-accident

d.    Drug

e.    Alcohol

f.    Negative Results

g.    Return to Duty Testing

h.    Follow-up Testing

i.    Refusal To Test

j.    Confidentiality

4.3    Treatment

4.4    Discipline

4.5    Grants and Federal Funds

4.6    Training

4.7    Records Retention, Access and Reporting

5    Forms

5.1    Drug and Alcohol Testing Facilities

1. PURPOSE

It is the intent of the City of Olympia to maintain a safe and healthy working environment, to ensure efficient and safe public services, and to comply with all applicable federal and state laws and regulations governing substance abuse and testing programs, including those established by the Federal Highway Administration regulations requiring drug and alcohol testing for Commercial Driver’s License holders.

2. REFERENCE

Omnibus Transportation Employee Testing Act of 1991; Department of Transportation Drug and Alcohol Testing Procedures, 49 CFR Part 40; Federal Highway Administration Regulations, Controlled Substances and Alcohol Use and Testing, effective February 15, 1994, 49 CFR Part 382. and applicable bargaining agreements.

3. APPLICATION

This Policy applies to all individuals employed by the City of Olympia, unless a provision of the policy conflicts with a contract or statute (e.g., Collective Bargaining Agreement (CBA), Civil Service Rule, or Memorandum of Understanding (MOU).

CDL EMPLOYEES: EMPLOYEES IN POSITIONS REQUIRING A VALID CDL SHOULD ALSO REFER TO THE SECTIONS IDENTIFIED AS “CDL EMPLOYEE” FOR FURTHER INFORMATION ABOUT THE REQUIREMENTS FOR THEIR POSITION.

Failure to comply with this Policy may result in disciplinary action up to and including termination from City service.

4. GUIDANCE

4.1. PROHIBITED CONDUCT

The City of Olympia is a Drug-Free Workplace. The City prohibits the following conduct by employees:

a.    Reporting to work under the influence of alcohol or illegal drugs, including marijuana, as indicated by:

1.    A positive test for drugs, or

2.    A breath alcohol test resulting in an alcohol level of 0.04 or higher, or

3.    Observed physical evidence of impairment.

b.    The unlawful (under state and/or federal law) use, possession, manufacture, distribution, dispensing, transfer or trafficking of alcohol or illegal drugs (controlled substances, including marijuana), and/or drug paraphernalia in any amount or any manner, on City premises or in City vehicles at any time (whether or not conducting City business) anywhere (including off City property). Controlled substances are defined as those substances whose distribution is regulated by state and/or federal law, including but not limited to narcotics, depressants, stimulants, hallucinogens, cannabis and alcohol. The definition of illegal drugs includes controlled substances as defined in RCW 69.50.101.

c.    The use, in any way, of City property, or the employee’s position within the City, to make or traffic alcohol or illegal drugs.

d.    Any other use, possession or trafficking of alcohol or illegal drugs in a manner which is detrimental to the interest of the City, creates a safety concern, or unduly interferes with job performance.

e.    PRESCRIPTION AND OVER THE COUNTER DRUG USE: The use of, or being under the influence of any prescription drug (whether or not the employee has a current valid prescription) or over-the-counter drug which impairs the employee’s job performance and/or safety.

The City permits employees to use prescription and over the counter drugs in the workplace. Prescription drugs must have been obtained in the employee’s name from a physician or other health care provider legally authorized to issue prescriptions. An employee using prescription or over the counter drugs that may impact the employee’s ability to safely operate a vehicle or other equipment must advise his/her supervisor immediately, or before the beginning of work, that he/she is taking a prescription or over the counter drug that may impact his/her ability to work. The supervisor may ask the employee the type of drug being taken and what the warning label says about operating a vehicle or equipment.

The supervisor may also ask the employee using a prescription drug to provide a note from his/her physician regarding the impact of the prescription drug on the employee’s ability to safely operate a vehicle or equipment. If such a request is made by the supervisor, the employee will not be allowed to operate a vehicle or equipment until the physician provides a note stating that the prescribed substance does not adversely affect the employee’s ability to safely operate a vehicle or equipment. If the note is not provided, the employee may be removed from duty. If an employee advises the supervisor they are taking a prescription drug that may impact his/her ability to operate a vehicle or equipment, the supervisor must immediately advise the Department Director of such use. The City reserves the right to request a second opinion, at its expense, from a qualified physician if the City reasonably concludes that the employee’s physician has not fully and competently addressed the issue of the impact of the use of the prescription drugs on performance and safety.

f.    MARIJUANA: The unlawful (under state and/or federal law) use, possession, manufacture, distribution, dispensing, transfer or trafficking of marijuana and/or marijuana paraphernalia in any amount or any manner, on City premises or in City vehicles at any time (whether or not conducting City business) and anywhere (including off City property) is prohibited.

The City does not allow employees to use, distribute, or possess marijuana during his/her normal working hours for the City, or to report to work under the influence of marijuana, even if the employee may lawfully use marijuana for recreational purposes under Washington State law, and /or is qualified and has a recommendation from a physician to use marijuana for medical reasons as outlined in Chapter 69.51 RCW.

4.2. Testing

a.    Pre-Employment Testing: Certain positions within the City require an individual to take and pass a drug test as a post-offer condition of employment. The offer of employment is contingent upon passing the entire test. The employment offer will be withdrawn from a candidate who fails any part of the test. A drug test will be administered after the conditional offer of employment is made, but before the first day an employee reports to work. Applicants will be given advance notice of the required drug testing in all employment opportunity announcements and in the offer letter.

CDL EMPLOYEES: Pre-employment drug and alcohol tests will be administered prior to the first time an individual operates a covered vehicle, and immediately upon reporting for duty the first day of offered employment. Applicants who have not obtained their Commercial Driver’s License prior to, or by their start date, may be granted permission to obtain their required licensure within their probationary period; which will be considered as an extension of the hiring process. These applicants/employees will be required to submit to a pre-employment test process (illegal drugs and alcohol) once they have successfully obtained their CDL. If such employee were to fail either of the pre-employment tests, she/he will be subject to discharge (or discharged, consistent with how the City would treat an applicant who fails either one of the pre-employment tests) due to being unable to meet the requirements of the position. Employees will not be allowed to pass their probationary period until they have met all licensure requirements, in addition to any requirements set forth by the applicable supervisor.

b.    Transfers, etc.: An employee who transfers, demotes, or promotes into a position that requires a drug test will be subject to the pre-employment testing. If she/he were to fail either pre-employment test, the employee would be subject to discipline up to and including discharge.

CDL EMPLOYEES: An employee who transfers, demotes, or promotes into a position that requires a Commercial Driver’s License will be subject to the pre-employment testing process once they have successfully obtained their CDL.

c.    At work:

1.    Random Testing: Random testing for alcohol and illegal drug use will be conducted only if applicable federal and state law, given the nature of the employee’s position, the employee’s history, and/or the CBA allows for such testing.

CDL Holders: Random testing for alcohol and drug use will be conducted in compliance with Federal regulations on any employee of the City required to possess a Commercial Driver’s License to operate a covered vehicle in the performance of the job duties. The selection process for random testing will be through a scientifically valid method. Procedures for random testing, including timing, frequency, number of employees to be tested, selection of employees to be tested, and test sites will be determined by the City. All employees in the relevant pool of persons subject to random testing will have an equal chance of being selected in each random test conducted.

2.    Reasonable Suspicion: A supervisor may determine that there is reasonable suspicion that an employee may be under the influence of alcohol, illegal drugs, or undisclosed prescription drugs. If a supervisor has reasonable suspicion that an employee is under the influence of alcohol or drugs when reporting for work or during the work shift, the supervisor shall verify the employee’s condition. The decision by the supervisor or manager to require a drug/alcohol test must be based on current and specific observations, such as appearance, behavior, speech, or body odors of an employee. Observations will be documented as provided in this policy. Reasonable suspicion shall exist before requiring the employee to take a drug test, blood alcohol test, and/or physical examination. No employee will remain on duty requiring the operation of a motor vehicle or equipment while under the influence of alcohol or drugs, as shown by the behavioral, speech and/or performance indicators. If a supervisor observes behaviors that indicate an employee may be under the influence of alcohol or drugs, where practical, without causing harm to the employee or others, the supervisor will seek the opinion of a least one additional supervisor.

a.    Observations: Reasonable suspicion could include a combination of various factors such as slurred speech, red eyes, dilated pupils, incoherence, unsteadiness on feet, smell of alcohol or marijuana emanating from the body, inability to carry on a rational conversation, increased carelessness, erratic behavior, inability to perform the job, repeated unexplained workplace accidents or near misses, attendance concerns, or other unexplained behavioral changes.

b.    Documentation: Reasonable suspicion shall exist before requesting the employee take a drug screening test, blood alcohol test, and/or physical examination. Behavioral observations will be documented in writing. A copy of this document will be provided to the employee upon request.

c.    Removal from Duty: The supervisor will remove an employee from duty where reasonable suspicion of influence or impairment is verified. A supervisor will not allow an employee believed to be under the influence of alcohol or drugs to operate equipment or drive a vehicle until the employee has been determined to be able to do so safely.

d.    On the Job Injury: Employees, who are injured on the job and require immediate medical attention by a medical professional, even if a vehicle or equipment was not involved, may be required to test for alcohol or drugs if the supervisor believes that reasonable suspicion exists that the employee may be under the influence of alcohol or drugs.

3.    Post-Accident: Employees may be required to submit to a test for alcohol or drugs if they are involved in an accident while driving a City vehicle, using City equipment or using of personal vehicle while conducting City business.

a.    Definition of Accident: A test shall be required when the following occurs:

1.    A fatality; or

2.    An injury treated away from the scene; or

3.    The driver receives a citation under state or local law; or

4.    One or more vehicles involved in the accident incurs disabling damage and must be transported away from the accident scene by a tow truck or another vehicle; or

5.    The supervisor has reasonable suspicion to believe the employee involved in the accident might be under the influence of alcohol or drugs.

b.    Procedure: If an employee is involved in an accident (as described in Paragraph a. above) while using a piece of City equipment, he/she shall report the accident to his/her supervisor. The supervisor shall evaluate the situation based on the guidelines provided under paragraph a above.

If an employee is involved in a motor vehicle accident, as defined above in Paragraph a, he/she must call their supervisor and the police for an investigation. If the police officer has probable cause to believe that an Olympia City employee is under the influence of drugs or alcohol, the police officer shall follow Police Department protocols for dealing with intoxicated drivers.

If the police officer does not have probable cause to believe the City employee is under the influence, and any of the circumstances outlined in Paragraph a. above are met, the employee will be taken by his/her supervisor for post-accident drug testing as soon as practical. An employee who is subject to post-accident testing shall remain readily available for such testing and will not take any action to interfere with testing or the results of testing. Additionally, an employee required to take a post-accident test will not use alcohol or drugs (except those drugs prescribed for the employee, but not including marijuana) for eight hours following the accident, or until a post-accident test is given, whichever comes first.

Any employee who is tested for drugs because of being involved in an injury accident will be placed on paid leave pending the results of the drug test.

Employees who do not comply with post-accident testing requirements will be considered to have refused to submit to testing and will be subject to sanctions for refusal to test as provided in this policy. The City will provide covered employees with post-accident testing information, procedures and instructions prior to driving a covered vehicle. This information will be carried in each vehicle where employees are subject to this policy.

Nothing in this section will be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the purpose of obtaining emergency assistance or to obtain necessary emergency medical care.

d.    Drug Test: Any employee who tests positive for drugs (other than employer approved prescription drugs) while on duty will be immediately removed from the workplace pending an investigation into the misconduct.

Any employee who is tested for drugs based on the reasonable suspicion of a supervisor will be placed on paid leave pending the results of the drug test.

If tests determine the employee is under the influence of illegal drugs as indicated by a positive test for drugs, the supervisor, the Department Director and Human Resources will discuss the appropriate resolution of the issue.

Drug test results are usually reported to the City within twenty-four (24)-forty eight (48) hours.

e.    Alcohol Test: Any employee who tests positive for alcohol while on duty (in the work place or attending or being at any event as a representative of the City in his/her official capacity) will be immediately removed from the workplace pending an investigation into the misconduct.

If a test based on reasonable suspicion determines the employee is under the influence of alcohol as indicated by a breath alcohol test resulting in an alcohol level of 0.04 or higher, observed physical evidence of impairment, or the determination that the employee has engaged in any prohibited conduct, the supervisor, the Department Director and Human Resources will discuss the appropriate resolution of the issue.

Alcohol test results are usually immediately available to the City.

Negative Results: If tests determine the employee is not under the influence of alcohol or illegal drugs on the job, the employee will be returned to work without loss of pay or benefits. Where appropriate due to reasons of sickness, a signed physician’s release may be required before returning the employee to work. If further time loss due to illness results, time-off should be charged to sick leave in the normal manner. If the behavior which led to the initial investigation is not due to substance abuse but continues to hinder performance, the supervisor may require the employee to undergo further medical evaluation.

g.    Return to Duty Testing: An employee who has been tested under this policy and who receives a positive result for alcohol or illegal drugs or who refuses to take a substance test when asked to do so, will be removed from duty. If they are allowed to retain their job, they will be required to pass a drug and/or breath alcohol test prior to returning to duty.

h.    Follow-Up Testing: An employee who is participating in an assistance program to resolve problems associated with alcohol and/or drug misuse is subject to unannounced follow-up alcohol and/or drug testing as recommended by a Substance Abuse Professional (SAP).

i.    Refusal to Test: Refusal to take a drug/alcohol test or sign the release of information may result in disciplinary action up to and including termination.

j.    Confidentiality: The City recognizes employee concerns about personal privacy. Confidentiality is an essential element of any testing program. If alcohol or drug testing procedures is required, it will be performed in a manner which protects the privacy of the individual to the extent possible. Any employee violating this confidentiality will be subject to disciplinary action.

4.3. TREATMENT

a.    Employee Assistance Program: It is the responsibility of supervisors at every level to encourage employees to use the EAP when deteriorating or unsatisfactory job performance does not respond to usual supervisory actions or when a specific on-the-job incident is cause for concern. A supervisor should not attempt to diagnose an employee’s problem. The supervisor’s role is to address job performance. A supervisor who refers an employee to the EAP should relate job performance concerns to the EAP counselor. The supervisor should not inquire of the EAP about whether the employee has contacted the EAP nor ask for any other confidential information. The EAP is also available as a resource for supervisors who need assistance in dealing with difficult employee problems. When a supervisor or manager reasonably suspects that an employee may be under the influence of alcohol or drugs, the employee shall be required to submit to a drug test, blood alcohol test, and/or physical examination.

Employees who are concerned about their alcohol and/or drug use are strongly encouraged to voluntarily seek assistance. The Employee Assistance Program (EAP) is available, at no cost, as a resource for all benefit-eligible employees and their families. The EAP is available for assessment, referral to treatment, and follow-up. An employee of the City of Olympia wishing confidential assistance for a possible alcohol or drug problem can call the EAP office at 1-800-570-9315 and arrange for an appointment with a counselor. All EAP contacts are held in strict confidence unless the employee requests, through specific written release of information, that the department director, supervisor, union or other party(s) be notified. The employee can schedule the appointment on his/her own time without informing anyone in the department.

b.    Mandatory EAP Referrals: If an employee who tests positive for alcohol or drugs is allowed to continue employment with the City, he/she will be required, as a condition of continuing employment, to seek assistance from the EAP and to carry out any treatment plan resulting from this referral. Employees required to seek such assistance will be required to sign a written release of information in order for the City to be appropriately informed of the employee’s compliance and progress in any recommended treatment plan.

1.    City Time: Employees may schedule EAP appointments on City time. An employee may use the EAP on City time for up to three (3) visits per year with supervisor’s prior approval for scheduling purposes. It is not necessary to let the supervisor know the purpose of the EAP visit(s).

2.    Leave Requests: If an employee requests leave time for substance abuse treatment, the supervisor should contact Human Resources for help in determining if the leave qualifies for FMLA or use of sick leave.

3.    Health Insurance: Health insurance coverage applies to substance abuse treatment within the terms of individual policies. The employee assumes financial responsibility for all services not covered by insurance.

4.4. DISCIPLINE

Employees who violate this policy will be subject to disciplinary action up to and including termination from employment with the City. The list below is illustrative rather than exclusive and is designed to provide examples of the level of discipline that might be considered depending on the circumstances of the misconduct.

a.    Any employee driving a City vehicle who is tested (random, reasonable suspicion, DUI) and found (regardless of the outcome of a court process) to have been under the influence of illegal drugs or alcohol (over the legal level of impairment) while driving the City vehicle, will be terminated from his/her position with the City;

b.    Any employee driving a vehicle not owned by the City while on City business who is tested (random, reasonable suspicion, DUI) and found (regardless of the outcome of a court process) to have been under the influence illegal drugs or alcohol (over the legal level of impairment) while driving the vehicle not owned by the City, might be terminated from his/her position with the City;

c.    Any employee whose position with the City requires a valid CDL, who loses his/her CDL because of driving (off-duty) while under the influence of illegal drugs or alcohol, will be terminated from his/her position with the City;

d.    Any employee whose position with the City requires a valid CDL, who loses his/her CDL for reasons other than driving while under the influence, might be terminated from his/her position with the City;

e.    Any employee driving a City vehicle who is tested (random, reasonable suspicion, DUI) and found (regardless of the outcome of a court process) to have been under the influence of legal or prescription drugs while driving the City vehicle, might be terminated from their position with the City;

f.    Any employee driving a vehicle not owned by the City while on City business during work hours who is tested (random, reasonable suspicion, DUI) and found (regardless of the outcome of a court process) to have been under the influence of legal or prescription drugs while driving the vehicle not owned by the City, might be terminated from their position with the City;

g.    Any employee who is under a last chance agreement and drives a vehicle and is tested (random, reasonable suspicion, DUI) and found (regardless of the outcome of a court process) to have been under the influence of illegal drugs or alcohol (over the legal level of impairment) while driving the vehicle, will be terminated from his/her position with the City;

h.    Any employee who is under a last chance agreement and drives a vehicle who is tested (random, reasonable suspicion, DUI) and found (regardless of the outcome of a court process) to have been under the influence of legal or prescription drugs while driving the vehicle, might be terminated from his/her position with the City;

i.    Any employee who has had a drug or alcohol related offense who was disciplined but not terminated from the City, may be terminated from his/her position with the City if he/she has a second drug or alcohol related offense.

4.5. GRANTS AND FEDERAL FUNDS

A department which receives direct funding or grant(s) from a federal agency must ensure that each employee in the department, or affected operating division, receives a copy of this policy and signs a statement to the effect that it has been received. Such statements should be placed in the employee’s central personnel file. Any employee in a department or operating division receiving federal funds convicted of violations of any criminal drug statute occurring in the work place must notify his/her department director within five (5) days after such a conviction. The department is responsible for notifying the federal funding agency within ten (10) days after receiving notice from the employee. The City is then responsible for taking appropriate personnel action against the employee up to and including discharge; or requiring the employee to participate satisfactorily in an approved drug abuse assistance or rehabilitation program within thirty (30) days of receiving notice of the conviction from the employee.

4.6. TRAINING

Prevention of alcohol and drug abuse among employees will be addressed through ongoing educational programs available to all City employees.

a.    Employee Training and Education: The City may provide training and education for covered employees in the form of electronic communications.

b.    Supervisory Training and Education: The City will provide supervisors and managers responsible to determine reasonable suspicion of alcohol or drug use, training and education of the provisions of this policy and related procedures, and additional training regarding performance indicators of probable misuse of drugs.

4.7. RECORDS RETENTION, ACCESS AND REPORTING

a.    The City of Olympia will comply with Federal documentation and reporting requirements regarding the alcohol and substance abuse testing program. Records will be maintained in controlled access, secure files in Human Resources. Human Resources is responsible to disclose and report information to Federal agencies as required.

b.    No records containing driver information required by this policy will be released except as provided as follows:

1.    Upon written request of the employee.

2.    Upon written authorization of the employee, records will be disclosed to a subsequent employer subject to use as specified by the employee.

3.    Upon specific, written authorization by the employee, records will be released to an identified person, for use only as specified by the employee.

4.    Records may be disclosed to a decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee, including, but not limited to, a workers’ compensation, unemployment compensation or other proceeding relating to a benefit sought by the driver.

5.    As otherwise provided by law.

Revision history: August, 2017; March, 2017; October, 2013; September, 2011; January, 1995. Superseded: Administrative Guidelines Drug and Alcohol -non-CDL holders and Drug and Alcohol -CDL holders”.