DRUG AND ALCOHOL MISUSE PREVENTION     Printer Friendly Version

POLICY: 
It is the intent of the City of Miami Beach to promote and maintain the highest standards for employee safety and health by discouraging the abuse of drugs or alcohol and to encourage those with addictions to seek appropriate treatment so that they may re-enter the workplace free of chemical dependencies.    To maintain a work environment free from the adverse effects of drug and alcohol  abuse or misuse.  To ensure that employees are not impaired in their ability to perform their duties in a safe, productive, and healthy manner.  To be in compliance with the Federal Highway Administration (FHWA) regulations as outlined in Title 49 Code of Federal Regulations (CFR) Part 40 which proscribes procedures for workplace drug and alcohol testing programs for "safety sensitive" employees who drive or maintain vehicles requiring  Commercial Drivers Licenses (CDL) to operate.    PROCEDURES:   
  1.  All applicants offered employment will be screened for the presence of drugs and alcohol.  Applicants testing positive for same, other than legally prescribed or over the counter medications, in the initial screening and confirmation test will not be employed by the City of Miami Beach.  

  2. Compliance with the City's drug and alcohol testing policy is a condition of employment.  Refusal to take required tests or testing positive for same in the initial screening and confirmation test shall result in removal from performing safety sensitive functions as well as any other job duties.  Additional disciplinary action up to and including termination may occur.   

  3. Refusal to take the required tests or lack of cooperation with the testing procedures will be considered a "test positive" and will be handled accordingly.   

  4. Employees involved in vehicular accidents while driving City of Miami Beach vehicles may be evaluated for the presence of controlled substances and alcohol.    

  5. Employees for whom there is a reasonable suspicion or belief of alcohol misuse or substance abuse while on the job will be required to go for an evaluation to determine if they are under the influence of either alcohol or drugs.     

  6. "Safety sensitive employees"  will be subject to random drug and alcohol evaluation in accordance with Title 49 Code of Federal, Regulations (CFR), part 40.   

  7. All employees who test positive to a drug or alcohol test must be evaluated and released to duty by the Substance Abuse Professional (SAP) before returning to work.  Safety sensitive employees with positive test results will also be subject to a minimum of 6 unannounced tests over a 12 month period, and for up to 5 years.  All other employees may be similarly evaluated as deemed appropriate by the SAP.   

  8. Employees are encouraged to seek professional assistance anytime personal problems, including drug or alcohol use, affect their ability to perform their job duties.   

  9. The City of Miami Beach affirms the right to protect individual dignity, privacy, and confidentiality throughout the testing process.   
     
DEFINITIONS:   
  1. Accident:  Occurrence associated with the operation of a vehicle  or equipment in which
      * there is bodily injury or property damage;
      * an individual dies; and/or
      * the employee is cited for a moving violation.  

  2.  Legal Drugs:    Legally prescribed drugs and over the counter medication.   

  3. Medical Review Officer (MRO):    Licensed physician who receives laboratory results of the drug/alcohol testing program.  He or she will interpret and evaluate an individual's positive test and any other pertinent information.   

  4. Prohibited Drugs or Controlled Substances:   These two terms are used interchangeably.  Per 49 CFR, safety sensitive employees will be tested for:     
    • marijuana  
    •  cocaine     
    •  opiates     
    •  phencyclidine (PCP)    
    •  amphetamines including methamphetamine   |
    Other controlled substances may be included for City wide purposes in accordance with City policy and contracts of the five bargaining units. 
     
  5. Safety-Sensitive Functions:  Operating, inspecting, repairing or maintaining service vehicles that require drivers to hold a commercial drivers license (CDL).  An employee is considered to be performing a safety-sensitive function when he or she is actually performing, ready to perform or immediately available to perform any safety-sensitive function.   

  6. Substance Abuse Professional (SAP):   A  licensed physician, or psychologist, social worker, employee assistance professional or certified addiction counselor with knowledge of  and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.   

  7. Prohibited Conduct Relative to Alcohol and Controlled Substances:  The following alcohol and controlled substance-related activities are prohibited by the FHWA drug use and alcohol misuse rules for drivers of commercial motor vehicles (CMV) and will be similarly applied to all employees:   
  • Reporting for duty or remaining on duty to perform safety sensitive functions or other job duties while having an alcohol concentration of 0.02 or greater; or when testing positive to or using any controlled substance (on or off duty), except when instructed by a physician who has advised the driver that the substance does not adversely affect the employee's ability to safely operate a vehicle or machinery.

  • Performing safety-sensitive functions within four (4) hours of using alcohol.

  • Being on duty or operating a CMV or any city vehicle while the driver is in possession of a controlled substance or alcohol.  This includes possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.  

  • Using a controlled substance/alcohol while performing safety-sensitive functions or other job duties.  

     
  • When required to take a post-accident alcohol test, using alcohol within eight (8) hours following the accident or prior to undergoing  a post-accident test, whichever comes first.   

  • Refusing to submit to an alcohol/controlled substance test required by post-accident, random, reasonable suspicion or follow-up testing requirements.   
     
     
PROCEDURES:     
  1. TESTING 
    • Pre-Employment
      • All applicants offered employment will undergo urine drug screening prior to employment.   

      • Applicants must be evaluated within 48 hours from the time the job offer is made.  

         
      • Applicants unable to be evaluated within 48 hours of a job offer must sign a condition of employment to submit to a random drug/alcohol evaluation within 6 months.   

      • Employees in non-safety-sensitive positions must be evaluated prior to assignment to a safety-sensitive position (i.e., promotion, transfer, demotion).   

      • All job offers are contingent upon successful completion of required pre-employment physical and drug/alcohol evaluation.   

      • Applicants will be informed of the policy prior to the interview through statements on job announcements and through posting in the Human Resources Department.   

      • Applicants who test positive for controlled substances/alcohol will not be employed and may not be considered for employment for a period of 13 months.  Employees who test positive, may also be subject to disciplinary action and referral to the Employee Assistance Program.  

    • Post Accident (CDL driver's.  Review each union contract for Drug Testing specifics.)   
      • Drug/alcohol evaluation will occur when an employee is involved in a City related accident in which an individual dies or the employee is cited for a moving violation.    

      • If, because of the accident, an employee is unable to submit to drug/alcohol evaluation immediately, the employee will authorize the release of any medical reports or documentation to the MRO regarding the presence of prescribed or non-prescribed controlled substances/alcohol in the employee's body at the time of the accident.   
          

               
    • Reasonable Suspicion or Belief   
      •  A reasonable suspicion or belief referral for testing will be made when a supervisor or City official observes behavior that is characteristic of substance abuse or alcohol misuse.  All employees are subject to  a reasonable suspicion or belief evaluation, to include appropriate drug or alcohol testing, when there are reasons to believe that drug or alcohol use is present while just prior to or during the performance of job duties.     

      • The supervisor or observer of the suspicious behavior shall contact the Human Resources Department and/or the City's Employee Health Office or Emergency Room at the facility providing these services for the City as soon as possible.   

      • The employee must be escorted immediately for medical evaluation, drug or alcohol testing, and appropriate clinical counseling.  

      •  If, after evaluation, the employee is determined to be impaired, the employee will be sent home by means of safe transportation. 
         
    •  Random    
      • Random drug testing will be conducted In accordance with the Federal Highway Administration (FHWA) regulations as outlined in Title 49 Code of  Federal Regulations (CFR) Part 40, for safety-sensitive employees.  Random alcohol testing for other employees will be done in accordance with the respective union contracts.   

      • Employees will be randomly selected by computer based random selection and, upon notification, will go immediately to the evaluating facility. These unannounced evaluations may be performed just before, during, or after
        performance of safety sensitive functions or other job duties.  

         
    • Return to Duty  and Follow up   
      • A Return to Duty evaluation is conducted when an individual who has violated  the prohibited alcohol/drug prohibitions outlined above returns to work.   Employees who test positive to any of the above evaluations must test negative and be evaluated and released to duty by the Substance Abuse Professional (SAP) before returning to work.     

      • Safety-sensitive employees with positive test results will be subject to a minimum of 6 unannounced tests over a 12 month period and may be tested for up to 5 years.    

         
    • Employee Requested Testing   
      • Any employee or applicant who questions the results of a required test may request that an additional test of the split urine sample be conducted.  This test must be conducted at a different laboratory certified by the DHHS.  All costs for such testing are to be paid by the employee or applicant unless the second test invalidates the original one.   

      • The method of collecting, storing and testing the urine sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended.  The employee/applicant request for a retest must be made to the MRO within 72 clock hours of notice of the original test result.   

      • Requests after 72 clock hours will only be accepted if the MRO determines that the delay was due to documentable facts that were beyond the employee's or applicant's control.   

  2. RESULTS OF POSITIVE TESTS   
    • Safety-sensitive employees, with an alcohol test result of 0.04 or greater must be removed from their job duties, including safety-sensitive
      functions and cannot return until the employee undergoes evaluation and rehabilitation as determined by the SAP.  The employee must undergo a breathalizer test with a result of less than 0.02 before he/she can return to duty.  Other employees will be subject to the same standard.   

    • An employee with an alcohol concentration of 0.02 or greater but less than 0.04 will not be permitted to perform safety-sensitive functions, or other job duties, for a minimum of 24 hours.  A return to duty test will be performed.   

    • A safety-sensitive employee, with positive results of drug tests will not be permitted to return to safety-sensitive functions or other
      job duties until: the employee undergoes evaluation and rehabilitation as determined by the SAP.  The employee must undergo a return to duty test with a negative result.  Other employees will be subject to a similar standard depending on the nature of their functions.   

    • Safety-sensitive employees with positive test results will also be subject to a minimum of 6 unannounced tests over a 12 month period and may be tested for up to 5 years.  All other employees may be similarly evaluated as deemed appropriate by the SAP.  

       
  3. EMPLOYEE ASSISTANCE PROGRAM AND REHABILITATION   
    • Where appropriate, employees who violate these regulations will be assessed by the SAP who shall determine what assistance the employee needs in resolving problems associated with misuse of alcohol and controlled substances.  This initial assessment is free, but expenses incurred after the employee has been referred  to an appropriate resource are the responsibility of the employee.  Employees may use the services of the City's health care plans to cover part or all of the costs.  Employees will need to use their leave accruals or take an unpaid leave of absence if program participation requires attendance during normal work hours.   

    • Any employee who needs assistance in addressing substance abuse or alcohol problems or any personal problem in his/her life may contact the Employee Assistance Program  (EAP) at any time.   

  4. DISCIPLINARY ACTION  
    •  Violation of this policy will result in disciplinary action up to and including termination.   

    •  Employees not able to perform safety-sensitive duties or other functions of their position due to testing positive to a drug or alcohol
      evaluation, may receive a reduction in pay in accordance with Personnel Rule IX, Section 5a and b.   

  5. CITY DESIGNEE TO ANSWER DRUG AND ALCOHOL QUESTIONS   
    • Questions regarding drugs and alcohol may be directed to the Training and Development Coordinator or Affirmative Action Officer in
      Human Resources.   

  6. COLLECTIVE BARGAINING CONTRACTS   
    • If any provision of this policy, other than those mandated by law, is in conflict with a similar provision in a collective bargaining agreement, the collective bargaining agreement shall prevail.