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