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HomeMy WebLinkAboutAdministrative Order 2020-06 Adoption of Drug and Alcohol-Free Workplace and Testing Policy 802 V 9� ADMINISTRATIVE ORDER 2020 - 06 Adoption of Drug and Alcohol-Free Workplace and Testing Policy (Effective 60 days from the date of this Order) 1. The Drug and Alcohol-Free Workplace and Testing Policy attached hereto as Exhibit A ("Policy") is hereby adopted. 2. The Policy will be distributed to all employees on the date of its adoption. 3. As of the effective date of this Order, the attached Policy replaces the following sections of the City of Bozeman Employee Handbook (revised November 2017) in their entirety: Drug and Alcohol Policy (page 50), Drug and Alcohol Testing Policy (page 50), Reasonable Suspicion Drug and Alcohol Testing (page 51), Post-Accident Drug and Alcohol Testing (pages 51 and 71). All other provisions of the November 2017 Employee Handbook are still in effect. 4. The City determined the list of positions attached hereto as Exhibit B to be "Covered Employees" under the Policy. This list may be revised by Administrative Order adopted in accordance with 39-2-207, Montana Code Annotated. DATED this day of June,2020. J ff elich, City Manager Administrative Order 2020—06 EXHIBIT A Drug and Alcohol-Free Workplace and Testing Policy Administrative Order 2020—06 BOZ E MAN MT City of Bozeman Drug & Alcohol-Free Workplace and Testing Policy Table of Contents POLICY.................................................................................................................................... 3 PURPOSE................................................................................................................................. 3 AMENDMENTSTO THIS POLICY................................................................................................ 3 FAIR APPLICATION OF THIS POLICY........................................................................................... 4 COVEREDEMPLOYEES ............................................................................................................. 4 PROHIBITEDCONDUCT............................................................................................................ 4 Manufacture,Trafficking, Possession, and Use ..................................................................... 4 Refusalto Test..................................................................................................................... 5 Notification of Criminal Drug Conviction............................................................................... 6 TEST[N G .................................................................................................................................. 6 SubstancesTested For......................................................................................................... 6 DOT Required Background Checks........................................................................................ 6 Pre-Employment Testi ng...................................................................................................... 6 Types of Drug and Alcohol Testing of Covered Employees..................................................... 7 TestingProcedures.............................................................................................................. 8 TESTINGRESULTS .................................................................................................................... 9 Employee's Right to Contest Positive Results.......................................................................10 MedicalReview Officer.......................................................................................................10 DiluteTest Result................................................................................................................10 Canceled or Invalid Test Result............................................................................................11 TRAINING...............................................................................................................................11 EFFECTS OF ALCOHOLAND CONTROLLED SUBSTANCES ...........................................................11 RETENTION OF RECORDS AND RELEASE OF INFORMATION ......................................................11 RESOURCES ............................................................................................................................12 Drug&Alcohol Program Manager.......................................................................................12 Employee Assistance Program.............................................................................................12 National Hot-Line Numbers and Help Lines:.......................................................................122 Substance Abuse Professional.............................................................................................13 DEFINITIONS.........................................................................................................................133 Page 2 POLICY City of Bozeman employees are our community's most valuable resource.City of Bozeman employees work in environments that can be hazardous toot her employees, citizens, and property especially if an employee is impaired. Our goals are to prevent accidents and injuries resulting from the misuse of alcohol and prohibited substances, as well as to provide a heaIthyand safe working environment. In meeting these goals, it is our policy to: 1. Comply with Montana's"Workforce Drug and Alcohol Testing Act"as well as applicable federal regulation. 2. Ensure employees are not impaired in their ability to perform assigned duties in a safe and productive and healthy manner. 3. Create a workplace environment free from the adverse effects of drug and alcohol abuse or misuse. 4. Prohibit the unlawful manufacture,distribution, dispensing, possession, or use of prohibited substances at a City work site. 5. Recognize drug and alcohol abuse as a treatable illness and encourage employees to seek professional assistance because alcohol or drug dependency adversely affects their ability to perform their duties. 6. Maintain a work environment and promote work habits that foster public confidence. PURPOSE The purposes of this Drug and Alcohol-Free Workplace and Testing Policy ("Policy") are: 1. To ensure that all employees are fit for duty and to protect employees and the public from the risks posed by the use of alcohol and prohibited substances. 2. To inform those employees subjected to testing—Covered Employees (as defined below)— of their rights and obligations concerning alcohol and controlled substance testing. 3. To inform all employees of the consequences of violating this Policy. 4. To provide resources and education for employees on substance abuse issues. 5. To comply with all applicable State and federal regulations governing workplace anti-drug programs. Nothing in this policy is intended to preclude disciplinary action being taken under existing policy. Neitherthis policy nor any of its terms are intended to create a contract of employment, or to contain the terms of any contract of employment. AMENDMENTS TO THIS POLICY City of Bozeman retains the sole right to change,amend, or modify the termsof this Policy provided such amendments are in accordance with the provisions of the Workforce Drug and Alcohol Testing Act as well as applicable federal regulations. Page 3 FAIR APPLICATION OF THIS POLICY City of Bozeman is dedicated to assuring fair and equitable application of this Policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy, shall be subject to disciplinary action up to and including termination. COVERED EMPLOYEES This Policy applies to all employees; however,the testing procedures only applies to Covered Employees. As used herein,"Covered Employees" means any City of Bozeman employee who is engaged in the performance,supervision, or management of work in a: (i) Hazardous work environment; (ii) Security position, or (iii) Position: a. Affecting public safety or public health; b. In which driving a motor vehicle is necessary for any part of the individual's work duties; or c. Involving a fiduciary responsibility forthe Cityof Bozeman; "Covered Employees" also means all City employees and/or applicants required to have a commercial driver's license (CDL)and/or perform safety sensitive functions. This policy applies while an employee is on-duty, while an employee is having an off-site break or meal and is scheduled to returnto work, while operating or in City vehicles or rental cars,or while performing any work on behalf of the City. The City will notify those Covered Employees and Applicants that are subject to the testing procedures set forth in this Policy. PROHIBITED CONDUCT Employees engaging in any of the following prohibited conduct may be subject to discipline up to and includingtermination. Manufacture, Trafficking, Possession, and Use Employees may not be under the influence of or impaired by drugs or alcohol while on duty. A driver must not consume alcohol four hours prior to on duty time,and up to eight hours following an accident or until the employee undergoes a post-accident test,whichever occurs first.A driver shall not report for duty or remain on dutythat requires performing safety-sensitive functions when the driver uses any controlled substance, except when the use is at the instruction of a physician who has advised the driver that the substance does not adversely affect the ability to safely operate a CIVIV. Page 4 The City prohibits any employee's use of any illegal drug or any substance identified in Schedules I through V of Section 202 oft he Controlled Substance Act(21 U.S.C.812), as further defined by 21 CFR 1300.11through 1300.IS at all times while on the work site or while conducting City business unless a legal prescription has been written for the substance. Inaddition, no employee may consume alcohol while on duty. Any employee engaging in the manufacture,distribution, dispensing, possession, or in the use of a controlled substance or alcohol at any work site, or while conducting City business, with the exception of a substance administered by or under the direction of a physician, will be subject to disciplinary action up to and including termination. Where criminal activity is suspected, law enforcement authorities will be notified and the employee may face both state and federal criminal sanctions. State and federal criminal sanctions vary depending upon the quantity, prior convictions of the offender and whether anyone was injured as a result of the use of alcohol and drugs. The penalties can rangefrom monetary fines to significant prison sentences depending on the circumstances. Detection levels requiring a determination of a positive result shall be conducted in accordance with the regulations found in 49 C.F.R., Part40.29. The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However,employees have the responsibility to inform their supervisor if the use of any substance may impair their abilityto perform their job.The appropriate use of medically prescribed drugs and/or non- prescription drugs can impair an employee's job performance and create unsafe conditions. The misuse or abuse of legal drugs while performing City duties is prohibited. It is the responsibility of all Employees to report to their employer any impairment as a result of substance abuse. Refusal to Test All Covered Employees will be subject to urine drug testing and breath alcohol testing as outlined in the "Reasons for Testing" section below. Any Covered Employee who refuses to comply with a request for testing,who provides false information in connection with a test,who does not report to the collection site in the time allotted,or who attemptstofalsify test results through tampering,contamination, adulteration,or substitution, shall be removed from duty immediately, theirtest result categorized as positive, and receive disciplinary action equal to that given for a positive test result. Refusal includes an inability to provide sufficient quantities of breath,saliva,or urine to be tested without a valid medical explanation;tampering with or attempting to adulterate the specimen; not immediately reporting to the collection site;failing to remain at the collection site until the collection process is complete; having a test result reported by an MRO as adulterated or substituted; or leaving the scene of an accident without a valid reason before the tests have been conducted. Failing to sign the certification at Step 2 of the Alcohol Testing Form will constitute a refusal of alcohol testing. The City of Bozeman will consider a Covered Employee's refusal to test as outlined above as a positive test result.A referral to a Substance Abuse Professional that has knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders, and who meets the qualifications outlined in 49 CFR Part 40.281 Subpart O will be provided. Page 5 Notification of Criminal Drug Conviction Any employee who fails to notify the City of Bozeman of within 5 days of any criminal drug statute conviction, or a finding of guilt whether or not adjudication is withheld, or the entry into a diversionary program in lieu of prosecution, shall be subject to immediate removal from safety sensitive duties and disciplinary action up toand including termination of employment. TESTING Substances Tested For Controlled Substances The City will test Covered Employees for these substances in accordance with this Policy. This includes marijuana (including medical marijuana),cocaine, Opioids (codeine, heroin, morphine, oxycodone, oxymorphone, hydrocodone, and hydromorphone), amphetamines(amphetamine, methamphetamine, MDMA,and MDA),and phencyclidine. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. The City may impose sanctions up to and including termination,and/or participation in an appropriate drug or alcohol counseling, treatment, or rehabilitation program as a condition of continued employment. The City may require the Covered Employee to submit to periodic follow-up testing as a condition of the counseling,treatment,or rehabilitation program. Alcohol The City will test Covered Employees for alcohol in accordance with this policy. DDT Required Background Checks In compliance with 49 CFR Part40.25,the City must make a good faitheffort to obtain drug and alcohol testing records from prior DOT covered employer(s) for the previous two years for all applicants seeking positions performing a Safety-Sensitive Function and all current Covered Employees transferring into a position performing a Safety-Sensitive Function. The City of Bozemanwill require each applicant for a position performing a Safety-Sensitive Function to complete a written consent that allows the release of drug and alcohol testing information from previous DOTcovered employers to the City. An applicant who refuses to provide written consent will not be permitted to perform Safety-Sensitive Functions for the City. All applicants for positions requiring a Commercial Driver's License (CDL)who have previously failed a DOT pre-employment test must provide proof thatthey have completed a Substance Abuse Professional's evaluation and treatment program in addition to theirsubmission to a pre-employment drug test prior to theiremployment into a Safety-Sensitive Function. The credentials,training and education of the Substance Abuse Professional must meet or exceedthe regulation 49 CFR Part40 Subpart O. Pre-Employment Testing All applicants for Safety-Sensitive Function positions must undergo urine testing for controlled substances prior to employment. Receipt by the City of a negative test result is required prior to the first performance assignment of safety sensitive functions. A positive test result will disqualify an applicant for a Safety-Sensitive Function position from employment with the City of Bozeman. The City will notify Page 6 an applicant of the results of a pre-employment alcohol/controlled substance test conducted under this section, if the applicant requests such results within 60 calendar days of being notified oft he disposition of the employment application. Types of Drug and Alcohol Testing of Covered Employees Reasonable Suspicion Covered Employees may be subject to drug and/or alcohol testingwhen there is reasonable suspicion of drug or alcohol impairment. A reasonable suspicion determination will be made by a supervisor who has been trained in reasonable suspicion and who believes the Covered Employee has violated the prohibitions of this Policy based on specific, contemporaneous, and articulable observations concerning appearance, behavior, speech or body odors of a Covered Employee. Reasonable suspicion determinations must be documented within twenty-four(24) hours of observation. Examples of reasonable suspicion include, but are not limited to the following: 1. Overt signs and symptoms of impairment 2. The detectable odor of alcohol 3. Physical evidence of drug use, such as possession of drug paraphernalia. Post-Accident Covered Employees who are involved in workplace accidents resulting in any physical injury requiring medical attention or in equipment damage of$1,500 or more,shall be subject to post-accident drug and alcohol testing. Police officers or Firefighters who are involved in accidents involving motor vehicles will be subject to their individual department policy, including appropriate testing conducted by the Montana Highway Patrol. Police officers who are injured by another party while in pursuit of their duties will be subject to department policy. Following an accident,the Covered Employee must be "readily available"for testing. Post-accident tests will be done as soon as possible, however in any case, all reasonable efforts shall be made totest the employee(s) within (2) two hours of the accident, but not aftereight (8) hours for alcohol testing and thirty-two(32) hours for drug testing.If a drug or alcohol test required by this section is not administered within the required time period following the accident,the City must prepare and maintain on file, a record stating the reasons the testing was not promptly administered. Any Covered Employee involved in an accident must refrain from alcohol use for eight(8) hours following the accident or until the Covered Employee undergoes a post-accident alcohol test. Any employee, who leaves the scene of the accident without a justifiable reason or explanation prior to submitting to drug and alcohol testing,shall be considered to have refused the test.A referral to a Substance Abuse Professional will be provided. Page 7 The post-accident testing requirements shall not delay necessary medical attention for injured persons, nor will they prohibit an employee from leaving the scene of an accident to obtain assistance in responding to the accident or to obtain necessary emergency medical care. In the rare event that a Covered Employee is unable to submit to a post-accident test within the required time period (i.e.,8 hours for alcohol and 32 hours for drugs)due to circumstances beyond the City's control, the results of a blood, urine or breath alcohol test conducted by a federal,state or local official having independent authority for the test,will be considered to meetthe requirements for a post-accident test.The test must conform to the applicable federal,state,or local testing requirements and the results must be obtained by the City of Bozeman,as per 49 CFR Part 655.44. Random Testing(Employees in Safety-Sensitive Function Positions Only) Covered Employees in Safety-Sensitive Function positions shall be subject to random, unannounced testing. The minimum annual percentage ratefor random alcohol testing shall be 10%of the average number of Covered Employees. The minimum annual percentage rate for random controlled substances testing shall be 50%of the average number of Covered Employees. The datesforadministering unannounced testing of randomly-selected Covered Employees shall be spread reasonably throughout the calendar yearand throughout all times of day. Each Covered Employee who is notified of selection for random alcohol or drug testing must immediately proceed to the testsite. Alcohol testing shall be conducted only while a Covered Employee is performing a Safety- Sensitive Function,just before the Covered Employee is to perform a Safety-Sensitive Function or just afterthe Covered Employee has performed a Safety-Sensitive Function. A Covered Employee may be randomly tested for controlled substances anytime while on duty.The selection of Covered Employees for random alcohol and controlled substances testing shall be made by a scientifically valid method. The selection process shall provide each Covered Employee an equal chance of being tested eachtime selections are made.A computer based random number generator shall derive the list. If a supervisor is in the random selection pool and is responsible for notifying Covered Employees selected by the random list, and the supervisor's name appearson the list, then thegenerated or received random list shall constitute as notification to the supervisor of random selection and that supervisor shall be readily available for testing and immediately proceed to the collection site for random testing. Testing Procedures All alcohol and controlled substance testing shall be conducted in a mannerthatwill ensure a high degreeof accuracyand reliability and using techniques, equipment, and laboratory facilities, which have been approved bythe U.S. Departmentof Health and Human Services(DHHS). All testingwill be conducted consistent with the procedures put forth in 49 CFR Part40, as amended. The City of Bozeman will pay all costs associated with thetesting procedures, except as provided in the "Employee's Right to Contest Positive Results" section of this Policy. Employees will be compensated at their regularrate, including benefits, for the time attributable tothe testing program. The City of Bozeman affirms the need to protect individual dignity,privacy, and confidentiality throughout the testing process. Handling of tests and confidentially shall be in conformance with 49 CFR Part 40. Page 8 Drugtesting Urine Test ingwiII be the method used to detect the presence of marijuana,cocaine,opioides, amphetamines,and phencyclidine. An initial drug screen will be conducted on each urine specimen. Collection of urine shall be conducted pursuant tothe procedures setforth in 49 C.F.R., Part40.25. The test will be considered positive if the amounts present areabove the minimum thresholds established in 49 C.F.R. Part40. A driver who has a verified positive controlled substances test result must be evaluated by a substance abuse professional. If the laboratory's test of the primary specimen is positive, adulterated,or substituted and the split specimen is unavailable for testing,a recollection under direct observation is required. Alcoholtesting Alcohol initial screening testswill be conducted by National HighwayTraffic Safety Administration (NHTSA)-approved Evidential Breath Testing Device(EBT)or non-evidential alcohol screening device that has been approved by NHTSA.A certified Breath Alcohol Technician (BAT)shall conduct alcohol screening tests. A. Employees who test positive for alcohol concentration at or above 0.04will be subject to disciplinary action, up to and including termination,and/or participations in an appropriate drug or alcohol counseling, treatment,or rehabilitation program as a condition of continued employment. The employee may be subject to follow-up testing as a condition of the counseling,treatment,or rehabilitation program.Adriver who has an alcohol concentration of 0.04 or greater must be evaluated by substance abuse professional. B. Any driver found to have an alcohol concentration of 0.02 or greater,but less than 0.04 shall not perform, nor be permitted to perform,safety-sensitive functions for at least 24 hours and may be dismissed from work during the 24 hour period. No disciplinary actionwill be taken against an employee based solely on test results showing an alcohol concentration of less than 0.04. TESTING RESULTS All Covered Employees tested under this Policy will be provided with a copy of the test report. Before the City of Bozeman will take any action based on a positive test result,the results will be reviewed and certified by a Medical Review Officer(MRO)trained in the field of substance abuse. All Covered Employees and applicants for Safety-Sensitive Function positions will be given the opportunity to provide notification to the medical review officer of any medical information that is relevant to interpreting test results, including information concerning currently or recently used prescription or non-prescription drugs. No adverse action will be taken by the City of Bozeman if, in the opinion of the certified medical review officer,the Covered Employee presents a reasonable explanation or medical opinion indicating that the original test results were not caused by illegal use of controlled substances or by alcohol consumption. In this circumstance,the test results will be removed from the Covered Employee's record and destroyed. Page 9 Upon receiving a positive test result, the City of Bozeman shall notify a Covered Employee of the results tests for controlled substances or alcohol conducted under this part if the test results are verified positive. All employees are encouraged to make use of the available resources, including the Employee Assistance Program (EAP) benefit,for treatment for alcohol and substance abuse problems. Additional information on the EAP benefit can be found on the Human Resources page of the City's website or by contacting Human Resources department staff. Employee's Right to Contest Positive Results Any Covered Employee who questions the confirmed positive results of a required controlled substances test mayrequest that an additional test of the urine split sample be conducted by an independent, DHHS-certified laboratory selected by the tested employee. The method of collection, storing,and testing the split sample will be consistent with the procedures set forth in 49 C.F.R., Part40. The Covered Employee's request for a re-test must be made to the medical review officer within seventy- two(72) hours of notice of the initial test result. Requests after seventy-two(72) hours will only be accepted if the delay was due to documentable factsthat were beyond the control of the employee. If the test result of the split specimen fails to reconfirm the presence of the controlled substance or metabolite,the test result shall be ruled "Canceled".The procedures for canceled tests,as outlined in 49 CFR Part 40.187,will be followed. If the test result of the split specimen is positive, the test results shall be deemed positive. If the additional test results are negative,the costs of such additional testsshall be paid by the City of Bozeman. Ifthe additional test results are positive, the costs of such additional tests shall be paid by the tested employee. The City of Bozeman is required to ensure that the cost for the split specimen testing is covered,in order for a timely analysis of the sample. Should the results reconfirm the original positive finding, the City of Bozeman will seek reimbursement for the cost of the completed test from the employee. Medical Review Officer The role of the MRO is to review and interpret confirmed positive test results obtained through the employer's testing program. In carrying out this responsibility, the MRO shall examine alternate medical explanations for any positive test result. This action may include conducting a medical interview and review of the individual's medical history, or review of any other relevant biomedical factors. The MRO shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. An employee shall be notified by the MRO of a laboratory confirmed positive test and a verification interview will be conducted in accordance with 49 CFR Parts 40.131,through 40.141.The MRO will send a signed,written report to the City of Bozeman within two(2) business days of completion of the MRO's review of the test. Dilute Test Result The City of Bozeman shall, upon receipt of a negative-dilute result from the MRO,exercise the rightto require that the Covered Employee submit to secondary urine collection as outlined in 49 CFR Part 40.197. A verified positive-dilute specimen constitutes the same action as a verified positive non-dilute result. Page 10 Canceled or Invalid Test Result A controlled substance test that has been declared invalid by the MRO,or canceled for other reasons shall be considered neither positive nor negative. A sample that has been rejected for testing by a laboratory is treated the same as a canceled test. For alcohol testing,a test that is deemed to be invalid per 49 CFR Part 40.267, shall be considered neither positive nor negative. TRAINING Employees will receive regulartraining and information on the health and workplace safety risks associated with the use of controlled substances and alcohol, including, at least 60 minutes of recurring training on the effects and consequences of prohibited drug and alcohol use on personal health,safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug and alcohol use. Supervisors who make reasonable suspicion determinations will receive the training required by 49 CFR §382.603. EFFECTS OF ALCOHOL AND CONTROLLED SUBSTANCES Information on the effects of alcohol misuse and controlled substances use on health,work, and personal life;signs and symptoms of an alcohol problem; and available methods of intervening when an alcohol and/or controlled substances problem is suspected is availablefrom the Human Resources Department. This information will be provided to all drivers. RETENTION OF RECORDS AND RELEASE OF INFORMATION All information, interviews, reports,statements, memoranda,and test results are confidential communications that may not be disclosed to anyone except: (i) The tested employee; (ii) The designated representative of the City of Bozeman,or (iii) In connection with any legal or administrative claim arising out of the City's implementation of this testing policy or in response to inquiries relating to a workplace accident involving death,physical injury, or property damage in excess of$1,500,when there is reason to believe thatthe tested employee may have caused or contributed to the accident. All information obtained through testingthat is unrelated to the use of a controlled substance or alcohol must be held in strict confidentiality bythe MRO and may not be released by the City. All dated records and notifications identified by individual will be maintained by the MRO for a minimum of five (5)years for verified positive controlled substance test results and a minimum of one (1)year for negative controlled substance test results. Page 11 No person other than the employee may obtain the individual controlled substance test results retained by the City of Bozeman or the MRO, except as otherwise provided in this policy. An employee will have access to his or her alcohol or drug testing records upon written request. The City of Bozeman shall maintain all dated records and notifications identified by individual, for a minimum of five (5)years for verified positive controlled substance or alcohol test results and a minimum of one (1)year for negative controlled substance or alcohol test results and any canceled tests. The City of Bozeman shall maintain all dated records pertaining to the collection process for two(2) years.The City of Bozeman will maintain training records for a minimum of two(2)years. When requested, The City of Bozeman will disclose post-accident information to the National Transportation Safety Board as part of an accident investigation. RESOURCES Any questions regardingthis policy or any other aspects of the drug-free and alcohol-free program should contact the following representative(s): Drug &Alcohol Program Manager Name/title: HR Director Physical Address: 121 North Rouse Bozeman, MT 59715 Mailing Address: P.O. Box 1230 Bozeman, MT 59771-1230 Phone: (406)582-2346 Fax: (406)582-2323 Employee Assistance Program All employees are encouragedto make use of the Employee Assistance Program(EAP) benefit,for treatmentfor alcohol and substance abuse problems. Additional information on the EAP benefit can be found on the Human Resources page of the City's website or by contacting Human Resources department staff. Company: Reliant Behavioral Health (RBH) Website: MyRBH.com Phone: 1-866-750-1327 Access Code: MMIA National Hot-Line Numbers and Help Lines: 1-800-COCAIN E The American Council on Alcoholism Help Line 1-800-527-5344 Page 12 The National Institute on Drug Abuse Hot Line 1-800-662 HELP Alcoholics Anonymous 1-888-707-2000 DEFINITIONS Accident-an occurrence involving resulting in any physical injury requiring medical attentionor in equipment damage of$1,500 or more Alcohol-the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol concentration(AC)- means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means cramsof alcohol per 100 milliliters of blood or gramsof alcohol per 210 liters of breath. Alcohol use-the consumption of any beverage,mixture,or preparation,including any medication containing alcohol. Breath alcohol technician(BAT)-an individual who instructs and assists individuals in the alcohol testing process and operates an evidential breathtesting (EBT)device. Confirmation test-for alcohol testing,this means a second test,following a screening test with a result of 0.02gramsor greater of alcohol per 210 liters of breath,that provides quantitative data of alcohol concentration. For controlled substances testing,this means a second analytical procedure to identify the presence of a specific drug or metabolite determined by Gas Chromatography/Mass Spectrometry(GC/MS)which is independent of the screen test and which uses a different technique and chemical principle from thatof the screen test in order to ensure reliability and accuracy. Controlled substances-a dangerous drug as defined in 49 C.F.R., Part40,(excepta drug used pursuant to a valid prescription or as authorized by law)and includes (1) marijuana, (2) cocaine, (3) opioides, (4) phencyclidine (PCP), and (5) amphetamines,including met hamphetamines. In this policy, the terms "drugs"and "controlled substances" are interchangeable and have the same meaning. Driver—means any person who operatesa 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. Page 13 Evidential breath testingdevice(EBT)-a device approved by the National Highway Traffic Safety Administration (NHTSA)for the evidential testing of breath and placed on NHTSA'sSeptember 1993 or later"Conforming Products List of Evidential Breath Measurement Devices"(CPL). Medical Review Officer (MRO)- a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving 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 individuaI's confirmed positive test result together with his or her medical history and any other relevant biomedical information. Negative test-for drugs,a test with the amounts present that are at or below the minimum thresholds in 49 CFR Part40,as amended. For alcohol, a concentration below 0.04. Non-prescription drug-a drug,compound, or supplement that is available legally over-the-counter which carries a warning label that indicates mental functioning, motor skills, or judgment maybe adversely affected. Performing a safety sensitive function-a driver is considered to be performing a Safety-Sensitive Function during any period in which he or she is actually performing,ready to perform, or immediately available to perform any Safety-Sensitive Function. Positivetest- for a drug test,an amount above the minimum thresholds in 49 CFR Part40, as amended. For an alcohol test,a breath alcohol concentration at 0.04 or greater. Prescription Drug-A legally-prescribed drug or medication which carries a warning label that indicates mental functioning, motor skills, orjudgment may be adversely affected that an employee has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient's name,name of the substance, dosage,and the period of authorization. Refuseto submit(to an alcohol or controlled substances test)-means that an employee: 1. Fails to provide adequate breathfor testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of this part; 2. Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of this part,or 3. Engages in conduct that clearly obstructs the testing process. Reasonable suspicion-beliefthatthe employee has violated the alcohol or controlled substances prohibitions, based on specific, contemporaneous, articulable observations concerningthe appearance, behavior, speech or body odors. Safety sensitivefunction-means all time from the time a driver begins to work or is required to be in readiness towork until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include: Page 14 (1)All time at an employer or shipper plant, terminal,facility,or other property,or on any public property,waiting to be dispatched, unless the driver has been relieved from duty by the employer; (2)All as time inspecting,servicing, or conditioning any commercial motor vehicle at anytime; (3)All time spent at the driving controls of a commercial motor vehicle in operation; (4)All time,other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth; (5)All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and (6)All time repairing,obtaining assistance, or remaining in attendance upon a disabled vehicle. Screeningtest(also known as initialtest) -in alcohol testing,it means an analytical procedure to determine whether driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing,it means an immunoassay screen to eliminate"negative" urine specimens from further consideration. Substance abuse professional(SAP)-a licensed physician or a licensed or certified psychologist, social worker,Covered Employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselor Certification Commission) with knowledge of a clinical experience in the diagnosis and treatment of alcohol and controlled substa nces-related disorders. Work Site-any motor vehicle,office, building, yard,or other location at which the employee is to perform work. Page 15 ACKNOWLEDGMENT RECEIPT This Drug and Alcohol-Free Workplace and Testing Policy has been written and adopted in compliance with state and federal law,and is provided to you to ensure your safety,the safety of your co-workers, and the continued successful operation of the City of Bozeman. If you need additional information,feel free to contact the Program Manager. I, , certify that I have received a copy of the City of Bozeman's Drug and Alcohol-Free Workplace and Testing Policy. I have read and understand and accept the contents of the Statement and I accept full responsibility for familiarizing myself with the procedures and policies it contains. I understand that as a condition of my employment with the City of Bozeman I must comply with these guidelines, policies,and procedures. If I develop a problem with drugs and/or alcohol while employed by the City of Bozeman, I will seek assistance through the Program Administrator and any available Employee Assistance Program. DATED this day of 120 . Employee's Signature Witness Signature EXHIBIT B List of Covered Employees Administrative Order 2020—06 COVERED EMPLOYEES Under Montana law',the City may include in its qualified testing program applicants and current employees engaged in the performance,supervision,or management of work in a n employment position that is: 1. In a hazardous work environment; 2. A security position;or 3. A position: a. Affecting public safety or public health; b. In which driving a motor vehicle is necessary for any part of the individual's work duties;or c. Involving a fiduciary responsibility for an employer. Guidance on what these positions are is provided below,followed by a listing of positions. Note that some positions in the City may fall into more than one of the categories listed above. What does a position in a "hazardous work environment"mean? Because Montana law defines the term hazardous work environment,for purposes of this policy only,positions in a "hazardous work environment"include:positionsforwhich drug and alcohol testing is mandated by federal law(for example,commercial motor vehicle drivers); positions that involve operating or working near to construction equipmentor industrial machinery,and positions that involve working with or near to flammable materials,explosives, toxic chemicals,or similarsubstances. What does a "security" position mean? "Security" positions include:Information Technology(IT) positions, law enforcement positions, includingall police officers,and those police and IT administrative positionswhich interact with the publicor involve dispatch duties or directlysupporta security position. What does position"affecting publicsafetyor public health" mean? Positions"affecting publicsafetyor publichealth"include:all positions in the Public Works Department; lifeguards;recreation program positions workingwith minors; all Fire Department positions;all Police Department positions; positions involving building inspections,parking enforcement,or code enforcement;positions involvingthe operations or maintenance of utilities;and positionsthat provide critical support to these functions, which may include administrative staff positions in support of the above positions. 1 39-2-205etseq.,Montana Code Annotated. What does a position"in which driving motor vehicle is necessary" mean? Positions in which driving motor vehicle is necessary for any part of the employee's work duties includes positions who are required to travel between City faciIitiesasa regular part of their work duties,and positions invoIvingthe use of City-ownedvehiclesas a reguIarpart of theirwork duties. What doesa position"involvinga fiduciaryduty" mean? Positionsthat involvea "fiduciary duty" include positionsof publictrust including: all city management positions including director(department heads)positions;and positions involved in any financial transaction of the City,including but not limited to: positions with access to or control over confidential information;positions that approve claims, positions involvingthe receiptor paymentof fees for services;positions involvingthe processingof claims; positions involvingthe processingof payroll; positions involving reimbursementoffunds;positions involved in City budget recommendations or decisions;positions involving the levy or collection of assessments;positions authorized to use a City-issued creditor gas card; positions involved in purchasing of goods or services;attorneys and prosecutors; positions with regulatory decision making authority; and positions involving accounts payableor receivable. ACCOUNTING TECHNICIAN ACCOUNTS PAYABLE CLERK ADMINISTRATIVE ASSISTANT I-Shops ADMI NI STRATI VE ASSISTANT I-Shops ADMI NI STRATI VE ASSISTANT I I-Fire ANIMAL CONTROL OFFICER AQUATICS MANAGER ASSISTANT AQUATICS MANAGER ASSISTANT CITY ATTORNEY ASSISTANT CITY MANAGER ASSISTANT CONTROLLER ASSISTANT LIBRARY DIRECTOR ASSISTANT RECREATION MANAGER ASSISTANT SUPERINTENDENT-STRTS ASSISTANT SUPERINTENDENT-SW ASSISTANT SUPERINTENDENT-WATER ASSISTANT SUPERINTENDENT-WRF ASSISTANT SUPERINTENDENT-WTP ASSISTANT TREASURER ATTORNEY/PROSECUTOR BATTALION CHIEF BILLING CLERK 11/111 BILLING CLERK I I I BUILDING INSPECTOR I BUILDING INSPECTOR 11 BUILDING INSPECTOR III BU I LDI NG I NSPECTOR IV BUILDI NG/LIFE SAFETY SPEC CHIEF BUILDING OFFICIAL CHIEF PROSECUTOR CITY ATTORNEY CITY CLERK CITY ENGINEER CITY MANAGER CITY SERVICE WORKER-CEMETERY CITY SERVICE WORKER-FORESTRY CITY SERVICE WORKER-L&F CITY SERVICE WORKER-PARKS CITY SERVICE WORKER-SIGNS CITY SERVICE WORKER-SOLID WAST CITY SERVICE WORKER-STORMWATER CITY SERVICE WORKER-STREETS CITY SERVICE WORKER-VEH MAINT CITY SERVICE WORKER-WATER CITY SERVICE WORKER-WRF CITY SERVICE WORKER-WTP CLERK OF COURT CODE COMPLIANCE OFFICER CODE COMPLIANCE PROG. MGR. COMMUNICATIONS COORDINATOR COMMUNITY DEVTECH III COMMUNITY DEVELOPMENT DIRECTOR COMMUNITY DEVELOPMENT MANAGER COMMUNITY DEVELOPMENTTECH I COMMUNITY DEVELOPMENTTECH II COMMUNITY HOUSING PROGRAM MGR CONTROLLER COURT CLERK DEPUTY FIRE CHIEFII- OPS DEPUTY FIRE CH I EF I I-FIRE MAR DEPUTY POLICE CHIEF DEVELOPMENT REVIEW MANAGER DIGITAL FORENSICS ANALYST DIRECTOR OF ECONOMIC DEVELOP DIRECTOR OF PARKS, REC& FOR DIRECTOR OFPUBLICWORKS ECONOMIC DEVELOPMENT SPECIALIST ENERGY CONSERVATION TECHNICIAN ENGINEERI ENGINEER II ENGINEER III ENGINEERING INSPECTOR ENGINEERING TECHNICIAN ERPAPPLICATION MANAGER EVIDENCE TECHNICIAN EXECUTIVE ASSISTANT FACILITIES CUSTODIAN FINANCE DIRECTOR FIRE CAPTAIN FIRECHIEF FI REFIGHTER 1ST CLASS FIREFIGHTER 2NDYEAR FIREFIGHTER 3RDYEAR FIREFIGHTER4THYEAR FIREFIGHTER ENGINEER FIREFIGHTER PROB M01- 6 FIREFIGHTER PROB M07- 12 FORE PERSON-CEMETERY FOREPERSON-FORESTRY FORE PERSON-METERS FOREPERSON-PARKS FORE PERSON-SANITATION FOREPERSON-SIGNS FORE PERSON-STORMWATER FORE PERSON-STREETS FOREPERSON-VEH MAINT FOREPERSON-WATER OPS FOREPERSON-WRF FOREPERSON-WTP FORESTRY DIVISION MANAGER HISTORIC PRESERVATION SPEC HUMAN RESOURCES ASSOCIATE/HR HUMAN RESOURCESASSOCIATE/PR HUMAN RESOURCES DIRECTOR HUMAN RESOURCESGENERALIST I.T. DIRECTOR I.T.SUPPORTTECHNICIAN LEAD BILLING CLERK LEADWORKER-PARKS LEADWORKER-SIGNS LEADWORKER-SOLID WASTE LEADWORKER-STREETS LEADWORKER-VEH MAINT LEAD WOR KE R-WATE R LEADWORKER-WRF LEADWORKER-WTP LEGALASSISTANT I LEGAL ASSISTANT II LIBRARIAN I-Bookmobile LIBRARIAN II LIBRARIAN I-SU PE RVISORY LI B RARY ASSISTANT-Bookmobile LIBRARY DIRECTOR LIFEGUARD INSTRUCTOR II LIFEGUARD INSTRUCTOR III NEIGHBORHOOD COORDINATOR OFFICE MANAGER PARKING ENFORCEMENT OFFICER PARKING ENFORCEMENT OFFICER II PARKING PROGRAM MANAGER PARKS PLANNI NG/DEV MANAGER PLANNER I PLANNER II PLANNER III POLICE CAPTAIN POLICE CHIEF POLICE CRASH INVESTIGATOR I POLICE CRASH INVESTIGATOR II POLICE INFORMATION COORDINATOR POLICE INFORMATION SPECIALIST POLICE OFFICER CONFIRMED POLICE OFFICER PART-TIME POLICE SERGEANT PUBLICWORKS TECHNICIAN RECREATION LEADER I RECREATION PROGRAM MANAGER SCADA MANAGER SCADA TECHNICIAN SEASONAL WORKER SENIOR PLANS EXAMINER SHORTTERM WORKER-Code Compliance SHORTTERM WORKER-CEMETERY SHORTTERM WORKER-FORESTRY SHORTTERM WORKER-LIFEGUARD SHORTTERM WORKER-PARKS SHORTTERM WORKER-SOLID WASTE SHORTTERM WORKERS-REC/WINTER SHORTTERM WORKER-RECREATION SHORTTERM WORKER-STREETS STORMWATER COOR DI NATOR STORMWATER PROGRAM SPECIALIST STORMWATER PROGRAM TECHNICIAN STORMWATER PROJECT MANAGER STRATEGICSERVICES DIRECTOR SUPERINTENDENT-L&F SUPERINTENDENT-PARKS SUPERINTENDENT-SOLI DWASTE SUPERINTENDENT-STREETS SUPERINTENDENT-WATER SUPERINTENDENT-WRF SUPERINTENDENT-WTP SUSTAINABILITY PROGRAM MGR SYSTEMS ADMINISTRATOR I SYSTEMS ADMINISTRATOR II TRAINING OFFICER TREASURER URBAN RENEWAL PROGRAM MGR WASTE OIL DISPOSAL WATER CONSERVATION SPECIALIST WEBSITE/SOCIAL MEDIAAPP SPEC WRF OPERATOR/PRETREATMENT COOR