§ 7-1. Drug-Free and Alcohol-Free Workplace
SECTION 1 APPLICABLE TO ALL CITY OF ALAMOGORDO EMPLOYEES
PURPOSE
The purpose of this Policy is to implement a substance abuse and alcohol misuse policy in a manner which provides for a safer environment for all City employees and the public; and, is compliant with Title 49 Code of Federal Regulations Part 382 as it applies to every person and to all employers of such persons who operate a commercial motor vehicle in any State, and is subject to the commercial driver's licensing requirements.
It is intended that this policy will be interpreted and implemented in a manner consistent with antidiscrimination requirements including the Americans with Disabilities Act.
SEVERABILITY
In the event that any portion of this policy or any portion of the regulations it incorporates are declared unenforceable, the remainder of this policy and such regulations shall remain in full effect.
APPLICABILITY
This policy applies to all City of Alamogordo employees and applicants, except where otherwise regulated in Section 2, by the Department of Transportation (D.O.T), for employees holding commercial licenses as part of their job description or are being paid certification pay for a commercial license that is not a requirement of their job description, but is found to be beneficial to the City.
It shall be the responsibility of the City Manager to determine which positions are safety-sensitive.
Safety sensitive positions for the purpose of this policy are: sworn and non-sworn Police, Dispatch, Dispatch Command Staff, Animal Control Manager, Animal Control Officer, Evidence Technician, Firefighter, Fire Lieutenant, Fire Command Staff, Code Enforcement Officer, Code Enforcement Supervisor, Recreation Center Van Driver, Senior Center Van Driver, Lifeguard, and those positions regulated by D.O.T. for the operation of a commercial vehicle.
It shall be the responsibility of the Human Resources Office to notify the affected employees of their status upon hire or in the event of a change in safety sensitive determinations.
PROHIBITIONS
1.
Employees are prohibited from reporting to work under the influence of alcohol or controlled substance(s), from consuming, or possessing illegal drugs or alcohol during assigned work hours including lunch periods, rest breaks and periods when the employee is in pay status or on call.
2.
No employee shall consume alcohol within the eight (8) hours prior to the start of the employee's scheduled shift.
A.
DRUG TESTING
The City of Alamogordo and its contracted testing facility shall adhere to the D.O.T. guidelines for drug testing. Split urine specimens collected under this policy shall not be used to test for any other drugs than Marijuana, Cocaine, Opioids, Phencyclidine, or Amphetamines.
Any drug testing component utilized by the City of Alamogordo shall have professionally trained collection personnel, quality assurance requirements for urinalysis procedures, and strict confidentiality requirements.
B.
PRIVACY ASSURED
Any individual subject to testing under this policy, shall provide urine specimens in privacy unless there is a reason to believe that a particular individual may alter or substitute the sample.
A collection site staff member of the same gender as the individual tested, may observe the individual provide the urine specimen when such staff member has a reasonable suspicion to believe that the individual may attempt to alter or substitute. If the collection provider does not have a same gender individual available, the City will provide an observer whom shall be a member of City Management. The following are grounds for an observed test under this section:
1.
The employee has presented a urine specimen that falls outside of the normal temperature range 32°—38° C or 90°—100° F; and
2.
The employee declines to provide an oral body temperature; or
3.
The oral body temperature varies by more than 1° C/ 1.8° F from the specimen temperature; or
4.
The last urine specimen provided by the employee (on a previous occasion) was determined by the testing lab to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L;
5.
The collection site personnel observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g. substitute urine in plain view, blue dye in specimen presented, etc.); or
6.
The employee has previously been determined to have used a controlled substance without medical authorization.
C.
BREATH ALCOHOL TEST
1.
The City of Alamogordo's contracted testing facility will adhere to breath alcohol procedures of Title 49 Code of Federal Regulations Part 40.
2.
Breath alcohol shall be collected by a certified Breath Alcohol Technician utilizing a Department of Transportation approved Evidentiary Breath Testing machine.
3.
The employee giving the sample shall complete step 2 of the certification on the Alcohol Testing Form.
4.
Refusal by the member to sign the certification shall be regarded as a refusal to take the test and will be automatically considered a positive result and will result in corrective action up to and including termination.
5.
If the screening test is greater than zero (0) the driver shall take a confirmation test.
6.
The confirmation test shall be conducted within not less than 15 minutes and no more than 30 minutes of a positive screening test.
D.
PRE-EMPLOYMENT TESTING
All offers to an external applicant, for initial employment with the City of Alamogordo, shall be extended conditionally upon the applicant successfully passing a pre-employment drug test with a negative result.
1.
A current full-time or part-time non-safety sensitive employee that is being placed, transferred, or promoted into a non-safety sensitive position is exempt from the pre-employment drug test provision.
2.
A current full-time or part-time non-safety sensitive employee being placed, transferred, or promoted into a safety-sensitive position is subject to the appropriate pre-employment drug test with a negative result.
3.
A current full-time or part-time safety sensitive employee that is being placed, transferred, or promoted into another safety-sensitive position is exempt from the pre-employment drug test provision.
4.
A current full time or part time non D.O.T. Safety Sensitive employee being, placed, transferred, or promoted into a D.O.T. Safety Sensitive position is subject to the appropriate pre-employment drug test, as regulated by D.O.T., with a verified negative result.
5.
A current full time or part time D.O.T. Safety Sensitive employee being placed, transferred, or promoted into another D.O.T. Safety Sensitive position is exempt from the pre-employment drug test provision.
6.
Seasonal employees promoting to regular status will be tested pursuant to the guidelines described in 1-5 above.
Procedure:
1.
The City of Alamogordo shall direct the applicant or employee to an appropriate collection facility with the designated form.
2.
The drug test must be undertaken as soon after notification as possible.
3.
When an employee being placed, transferred or promoted submits to a drug test under any of these provisions and has a verified positive result, the employee shall be subject to corrective action up to and including termination.
4.
Should an applicant have a pre-employment drug test with a positive result, the conditional offer of employment shall be rescinded.
E.
RANDOM TESTING
All employees designated as "Safety Sensitive" per the "Applicability", Section are subject to random drug and alcohol testing.
Procedure:
1.
Tests are unannounced and the City of Alamogordo will notify the employee of any selection for a random test just prior to testing.
2.
The employee shall immediately present him or herself for testing at the designated collection location noted on the random selection notice form.
3.
Any employee not reporting for testing immediately shall be deemed to have refused to test, and shall be subject to corrective action up to and including termination.
Employees on shift work will present themselves for testing upon notification from their supervisor.
F.
RANDOM SELECTION
The following represents how and how often random selections occur:
1.
The rate of selection is 50% per anum for drugs and 25% per anum for alcohol. These rates may be adjusted by the Department of Transportation guidelines;
2.
The selections are done by a scientifically valid process through the facility contracted to perform drug and alcohol tests.
G.
POST-ACCIDENT TESTING
All employees are subject to post-accident drug and/or alcohol testing. All employees are required to report accidents immediately. Reporting procedures for accidents are defined in the City's Safety Manual, Section VII.
Employees involved in on-the-job accidents are subject to testing.
1.
SAFETY SENSITIVE AND NON-SAFETY SENSITIVE POSITIONS:
• Testing will be conducted immediately following the accident if information is provided by credible sources, or it is reasonable and independently corroborated that objective facts indicate the driver is under the influence of controlled substance or alcohol.
• Police involved in an accident who use deadly force are subject to drug and alcohol testing. Deadly force means, that force which a reasonable person would consider likely to cause death or serious bodily harm.
2.
DEPARTMENT OF TRANSPORTATION (D.O.T) REGULATED EMPLOYEES:
Testing for both alcohol and drugs shall be conducted for each surviving driver:
• If the accident involved the loss of human life;
• Who receives a citation under State or local law for a moving traffic violation arising from the accident;
• Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident;
• One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
All D.O.T employees requiring post-accident testing will report for testing within two (2) hours of the accident and shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing.
Procedure:
1.
If test(s) are not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered.
2.
If a test required by this section is not administered within eight hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record.
3.
The results of breath or blood test for the use of alcohol by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of post-accident testing, provided the tests conform with the applicable Federal, State, or local alcohol testing requirements, and that the results are obtained by the City of Alamogordo.
Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
H.
REASONABLE SUSPICION TESTING
Reasonable suspicion testing may be based upon, among other things:
1.
Observable phenomena, such as direct observation of drug and/or alcohol use or possession and/or the physical symptoms of being under the influence of drug(s) and/or alcohol, or a pattern of abnormal conduct or erratic behavior.
2.
Abnormal conduct or erratic behavior may include the following, which is not intended to be all inclusive:
• Abnormally dilated or constructed pupils
• Glazed stare-redness of eyes
• Flushed face
• Change of speech (i.e. faster or slower)
• Constant Sniffing
• Redness under nose
• Needle marks
• Change in personality
• Forgetfulness
• Constant fatigue or hyperactivity
• Smell of alcohol
• Slurred speech
• Difficulty walking
• Slowed reaction rate
• Dulled mental processes
3.
Information provided by credible sources or independently corroborated;
4.
Newly discovered evidence that the driver has tampered with a previous drug and/or alcohol test.
Procedures:
1.
If an employee is suspected of using illegal drugs, the appropriate supervisor will gather all information, facts, and circumstances leading to and supporting this suspicion.
2.
The employee shall be driven to an approved collection site and the appropriate reasonable suspicion drug and/or alcohol test shall be administered.
3.
The employee will be placed on Administrative Leave and taken home or may be picked up by a responsible friend or family member.
4.
The Director and Human Resources will be notified immediately.
5.
The appropriate supervisor will promptly prepare a written report detailing the circumstances which formed the basis to warrant the testing on the City's designated form.
6.
This report should include the appropriate dates and times of reported drug/alcohol related incidents, names of credible sources of information, rationale leading to the test, and the action taken.
7.
Completed forms will be submitted to Human Resources for proper filing.
Reasonable suspicion testing does not require certainty, however, mere "hunches" are not sufficient to meet the standard for testing.
I.
REFUSAL TO TEST
1.
Refusal by the employee to take any required test(s) shall be considered an automatic positive test result and will be grounds for corrective action up to and including termination.
2.
Any employee who refuses to be tested when so required will be subject to removal from any safety sensitive function and will be subject to corrective action, up to and including termination.
Refusal to test and incomplete tests are:
Alcohol:
1.
Fails to present him or herself for testing, within the designated time frame, after he or she has received notice that testing is occurring;
2.
Employee fails to complete and sign the breath alcohol testing form;
3.
Fails to provide breath, or to provide an adequate amount of breath; or
4.
Fails to otherwise cooperate with the testing process.
• If there is an inability for the driver to provide an adequate amount of breath the driver shall be directed by the City of Alamogordo, if required to, obtain, and as soon as practical, an evaluation from a licensed physician why the employee could not deliver an adequate sample.
• If the licensed physician is unable to conclude that a high degree of probability existed that a medical problem resulted in the inadequate sample, the test is considered as a refusal and automatically considered a positive test and will result in corrective action up to and including termination.
• If the driver refuses to take a confirmation test he or she shall not operate a motor vehicle or perform any safety sensitive function and will be subject to corrective action up to and including termination.
Controlled Substance Urine Sample:
1.
Fails to provide an adequate urine sample without a genuine inability to provide a specimen after he or she has received notice of the requirement for urine testing;
2.
Fails to present him or herself for testing, within the designated time frame, after he or she has received notice that testing is occurring;
3.
Engages in conduct that clearly obstructs the testing process; or
4.
The employee has presented a urine specimen that falls outside the normal temperature range of 32°—38° C or 90°—100° F; and
5.
The employee declines to provide an oral body temperature.
Consequences of Refusing to Test:
Refusals to test are treated as if they were a positive test result for either alcohol or controlled substances and will subject the employee to corrective action up to and including termination.
J.
TEST RESULTS
Should an employee receive a positive or non-negative drug or alcohol result:
1.
Under no circumstance will the employee be allowed to drive.
2.
The Director and Human Resources will be notified immediately.
3.
A valid prescription may be the cause, and if documentation can be provided, the employee may return to duty, if there is no sign of impairment until the confirmation result is in.
4.
If documentation of a valid prescription cannot be provided the employee will be placed on Administrative Leave pending the result of the confirmation test.
5.
The employee shall be subject to corrective action up to and including termination.
Opportunity to Justify a Positive Drug or Non-Negative Test Result:
When a drug test result has been returned by the laboratory to the Medical Review Officer (MRO), he or she shall perform their duties. For example, the Medical Review Officer may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. The Medical Review Officer must review all non-negative and positive results.
Evidence to justify a positive result may include, but is not limited to:
1.
A valid prescription; or
2.
A verification from the individual's physician verifying a valid prescription.
Individuals are not entitled, however, to present evidence in a trial-type administrative proceeding, although the Medical Review Officer has the discretion to accept evidence in any manner that they deem most efficient or necessary. If the Medical Review Officer determines there is not justification for the positive result, such result will be considered a verified positive test result. The Medical Review Officer shall immediately contact the appropriate official upon obtaining a verified positive test result.
K.
LEGAL MEDICATION USE
1.
Any employee in a safety sensitive position who is taking prescribed, non-prescribed, and/or over the counter medication containing alcohol for illness or injury must report the use of these substances to his or her employer.
2.
It is the responsibility of the employee to determine the effects of these medications and/or drugs on job performance and safety. Generally the effects would be considered substantial enough to warrant removal from job duties if the container states that driving should not be done after taking the medication, or drowsiness occurs after taking the medication.
3.
In the event that these medications adversely affect performance or safety to the extent that the employee must be relieved from duty no disciplinary action will be taken against the employee. He or she may be required to take Paid Time Off, leave without pay, or be placed in a less sensitive position if available.
4.
No prescription drugs shall be brought into the work place by any person other than the person for whom the drug is prescribed by a licensed medical practitioner and shall be used only in the manner, combination, and quantity prescribed.
L.
VOLUNTARY ASSISTANCE (SELF REFERRAL)
The City encourages employees who believe or suspect that they may be abusing a substance to voluntarily refer themselves to the Employee Assistance Program (EAP). The EAP staff is prepared to assist employees requesting their services. Employees may self-refer at any time except within twenty-four (24) hours after an accident, as defined in this policy, or after being notified that they must submit to a random or reasonable suspicion drug/alcohol test. Except as otherwise provided in this policy, an employee's use of the EAP services shall remain confidential.
As a part of its efforts to promote employee wellness, the City maintains an Employee Assistance Program (EAP) and encourages employees to voluntarily seek assistance regarding substance abuse. However, because employees who are substance abusers do not always avail themselves of this program, the City, as a responsible employer, elects to take additional steps to deter substance abuse which may impact the workplace.
1.
Any employee who self-refers shall be placed on the appropriate leave status. Employees who voluntarily seek assistance for substance abuse may receive, without charge, an evaluation with a Substance Abuse Professional (SAP) through the City of Alamogordo EAP. Recommendations from the SAP will be met, at the employees own expense. Employee will remain on leave status until the Substance Abuse Professional documents that he or she is ready and able to return to assigned job duties without endangering the safety of themselves or others; the employee has completed a return-to duty drug and/or alcohol test with a negative result; and the City has been provided with a return-to work agreement.
2.
The return-to-work agreement shall require that the employee remain compliant with his or her treatment program and non-compliance is grounds for corrective action up to and including termination. In addition, the return-to-work agreement shall include an agreement to submit to periodic and unannounced follow-up testing which must consist of at least six (6) tests during the first twelve (12) months following the return-to-work and may be done for up to sixty (60) months; and a standard, limited waiver of confidentiality, with respect to compliance with the treatment program only, to allow the Human Resources Office or designee to monitor compliance with the program.
3.
During treatment, the employee's leave status shall be as follows: First, accrued leave shall be exhausted and, if insufficient, the employee shall be placed on leave without pay in accordance with the City of Alamogordo Employee Manual. Any leave taken, either paid or unpaid, shall be considered leave taken under the Family and Medical Leave Act.
4.
Employees who are not compliant with the SAP recommended treatment program within thirty (30) calendar days from the date of self-referral shall be subject to corrective action up to and including termination.
5.
Referrals to a Substance Abuse Professional play an important role in preventing and resolving employee drug use or alcohol abuse by providing employees an opportunity to discontinue their use.
6.
All Substance Abuse Professional operations shall be confidential in accordance with this policy relating to records and confidentiality.
M.
RETURN TO DUTY TESTING
The City of Alamogordo shall ensure that an employee returning to duty after testing positive for alcohol has undergone a return to duty test with a verified negative result.
For any substance, the employee returning to duty shall have undergone a controlled substance test with a verified negative result.
The requirements for return-to-duty testing will be performed as outlined in 49 CFR part 40, subpart O.
At the discretion of the City Manager, an employee may return to duty in a safety sensitive position when the employee has been referred to a Substance Abuse Professional and the employee has provided the City with an appropriate return to duty release from the Substance Abuse Professional.
N.
FOLLOW UP TESTING
All employees referred through administrative channels who undergo a counseling or rehabilitation program for drug/alcohol use through a Substance Abuse Professional will be subject to unannounced testing following completion of such a program, recommended by the Substance Abuse Professional.
Employees who refuse to submit to periodic, unannounced follow-up testing administered pursuant to a return to-work agreement shall be subject to corrective action up to and including termination.
An employee with a verified positive test during the follow-up testing administered pursuant to a return-to work agreement shall be subject to corrective action up to and including termination.
Follow-up testing is separate and in addition to any other testing required by other provisions of the City's Drug and Alcohol Abuse Policy. Appropriate discipline shall be imposed for verified positive tests under those provisions without regard to an employee's participation in the self-referral program.
O.
EDUCATION AND TRAINING
This policy shall be provided to every City employee, and training and education programs shall be made available. Supervisors and Managers will receive a minimum of 120 minutes each of drug and alcohol specialized training designed to promote the necessary skills to:
• Inform employees of this policy;
• Enforce this policy;
• Identify the signs of drug and/or alcohol use; and
• Integrate an employee effectively back into his or her work group following treatment.
Non-supervisory employees will receive a minimum of 120 minutes training on the effects and consequences of prohibited drug and/or alcohol use on personal health, safety, and the work environment.
P.
OTHER REQUIREMENTS
Department Directors or other Supervisors may not adopt additional substance abuse and/or testing policies without the prior written approval of the City Manager.
All City of Alamogordo employees have the duty and are required to report to their supervisor any suspected drug or alcohol use of another employee while on duty. Failure to do so may result in corrective action.
SECTION 2 APPLICABLE TO DEPARTMENT OF TRANSPORTATION (DOT)
REGULATED EMPLOYEES ONLY
City of Alamogordo complies with Title 49 Code of Federal Regulations Part 382 relating to the Department of Transportation regulations for employees operating on the City's behalf as a commercial driver.
Title 49 Code of Federal Regulations Part 382
382.601(b)(1): Contact the Human Resources Office at (575) 439-4399 for any questions relating to the City of Alamogordo Drug and Alcohol Abuse Policy.
382.601(b)(2): The operation of the following categories of Commercial Motor Vehicles (CMV) by a Commercial Driver Licensed driver subjects the Commercial Driver Licensed driver to the provisions of Title 49 Code of Federal Regulations Part 382:
A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
1.
Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit a gross vehicle weight rating of 10,000 pounds; or
2.
Has a gross vehicle weight rating of 26,001 or more pounds; or
3.
Is designed to transport 16 or more passengers, including the driver; or
4.
Is any size and is used to transport hazardous material(s) requiring the motor vehicle to be placarded.
382.601(b)(3): The following are the Safety Sensitive functions that place drivers into the provisions of the Department of Transportation's Drug & Alcohol testing requirements:
1.
All time that a carrier 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 City of Alamogordo;
2.
All time inspecting equipment as required or otherwise inspecting, servicing, or conditioning commercial motor vehicle at any time. All driving time which means all time spent at the driving controls of a commercial motor vehicle during operation;
3.
All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
4.
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;
5.
All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
The following constitutes a verified positive controlled substance test result:
SUBSTANCE CONFIRMATORY TEST CUT OFF LEVELS (ng/ml) Marijuana metabolites 15 Cocaine metabolite 100 Opioids: Morphine 2000 Codeine 2000 Hydrocodone Hydromorphone 100 Oxycodone/Oxymorphone 100 6-Acetylmorphine 10 Phencyclidine 25 Amphetamines: Amphetamine 250 Methamphetamine 250 MDMA/MDA 250 382.601(b)10: The following are consequences for drivers found to have an alcohol concentration greater than zero (0)%:
Levels of alcohol concentration over zero (0)% require an employee to be relieved of safety sensitive functions. The driver is then subject to the full range of disciplinary action, including termination.
382.601(b)11: The following is information concerning the effects of alcohol and controlled substances.
ALCOHOL
Although used routinely as beverage for enjoyment, alcohol can also have negative physical and mood-altering effects when abused. These physical or mental alterations in a driver may have serious personal and public safety risks.
HEALTH EFFECTS
An average of three or more servings per day of beer (12 oz.) Whiskey (1 oz.) or wine (6 oz.) over time, may result in the following health hazards:
• Dependency
• Fatal liver disease
• Kidney disease
• Pancreatitis
• Ulcers
• Decreased sexual functions
• Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant melanoma birth defects such as Fetal Alcohol Syndrome.
Social Issues
• ⅔ of all homicides are committed by people who drink prior to the crime.
• 2-3% of the driving population are legally drunk at any one time. This rate doubles at night and on weekends.
• ⅔ of all Americans will be involved in an alcohol-related accident during their lifetime.
• The separation and divorce rate in families with alcohol dependency problems is seven (7) times the average.
• 40% of family court cases are alcohol-related.
• Alcoholics are 15 times more likely to commit suicide.
• More than 60% of burns, 40% of falls, 69% of boating accidents, and 76% of private aircraft accidents are alcohol related.
• Over 17,000 fatalities occurred in 1993 in highway accidents, which were alcohol-related. This was 43% of all highway fatalities.
• 30,000 people will die each year due to alcohol caused liver disease.
• 10,000 people will die each year due to alcohol-related brain disease or suicide.
• Up to 125,000 people die each year due to alcohol-related conditions or accidents.
Workplace Issues
• It takes one hour for the average person (150 pounds) to process one serving of alcohol from the body.
• Impairment can be measured with as little as two drinks in the body.
• A person who is legally intoxicated is 6 times more likely to have an accident than a sober person.
Reporting Legal Drug Use
The reporting requirements which arise under Title 49 Code of Federal regulations Parts 40 and 382 are an element of this policy. To the extent such reporting requirements hinge on operations in interstate, or intrastate, commerce or application of United States Department of Transportation regulations or require reporting to Federal agencies, such reporting requirements will be implemented to the degree to which they apply.
The City of Alamogordo utilizes a Third Party Administrator (TPA) to data base employee drug/alcohol testing information, conduct random drug/alcohol selections, and receive testing results. The TPA acts as an agent for the employer. It does not replace the employer or responsibilities for meeting the Department of Transportation requirements.
1.
Drug/alcohol testing records are first received by the Third Party Administrator of the City's drug and alcohol program. The results are transmitted to the Human Resources Department who shall maintain them and, except as provided below or by law, the results of any drug/alcohol test shall not be disclosed without express consent of the tested employee.
2.
Records of a verified positive drug/alcohol test result shall be released to the employee's Department Director.
3.
Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test.
Failure to do so may result in disciplinary actions.
Alcohol's Trip Through the Body
Mouth and Esophagus: Alcohol is an irritant to the delicate linings of the throat and food pipe. It burns as it goes down.
Stomach and Intestines: Alcohol has an irritating effect on the stomach's protective lining, resulting in gastric or duodenal ulcers. This condition, if it becomes acute, can cause peritonitis, or perforation of the stomach wall. In the small intestine, alcohol blocks absorption of such substances as thiamine, folic acid, fat, vitamin B1, vitamin B12, and amino acids.
Bloodstream: 95% of the alcohol taken into the body is absorbed into the bloodstream through the lining of the stomach and duodenum. Once in the bloodstream, alcohol quickly goes to every cell and tissue in the body. Alcohol causes red blood cells to clump together in sticky wads, slowing circulation and depriving tissues of oxygen. It also causes anemia by reduction of red blood cell production. Alcohol slows the ability of white cells to engulf and destroy bacteria and degenerates the clotting ability of blood platelets.
Pancreas: Alcohol irritates the cells of the pancreas, causing them to swell, thus blocking the flow of digestive enzymes. The chemicals, unable to enter the small intestine, begin to digest the pancreas, leading to acute hemorrahagic pancreatitis. One out of five patients who develop this disease dies during the first attack. Pancreatitis can destroy the pancreas and cause a lack of insulin thus resulting in diabetes.
Liver: Alcohol inflames the cells of the liver, causing them to swell and block the tiny canal to the small intestines. This prevents bile from being filtered properly through the liver. Jaundice develops, turning the whites of the eyes and skin yellow. Each drink of alcohol increases the number of live cells destroyed, eventually causing cirrhosis of the liver. This disease is eight times more frequent among alcoholics than among non-alcoholics.
Heart: Alcohol causes inflammation of the heart muscle. It has a toxic effect on the heart and causes increased amounts of fat to collect, thus disrupting its normal metabolism.
Urinary Bladder and Kidneys: Alcohol inflames the lining of the urinary bladder making it unable to stretch properly. In the kidneys, alcohol causes increased loss of fluids through its irritating effect.
Sex Glands: Swelling of the prostrate gland caused by alcohol interferes with the ability of the male to perform sexually. It also interferes with the ability to climax during intercourse.
Brain: The most dramatic and noticed effect of alcohol is on the brain. It depresses brain centers, producing progressive incoordination: confusion, distortion, stupor, anesthesia, coma, death. Alcohol kills brain cells and brain damage is permanent. Drinking over a period of time causes loss of memory, judgement and learning ability.
DRUGS
Marijuana
Health Effects
• Emphysema-like conditions.
• One joint of marijuana contains cancer-causing substances equal to ½ pack of cigarettes.
• One joint causes the heart to race and be overworked. People with heart conditions are at risk.
• Marijuana is commonly contaminated with the fungus Aspergillus, which can cause serious respiratory tract and sinus infections.
• Marijuana lowers the body's immune system response, making users more susceptible to infections. Chronic smoking causes changes in brain cells and brain waves. The brain does not work as efficiently or effectively. Long-term brain damage may occur.
• Tetrahydrocannabinol (THC) and sixty (60) other chemicals in marijuana concentrate in the ovaries and testes.
• Chronic smoking of marijuana in males causes a decrease in testosterone and an increase in estrogen, the female hormone. As a result, the sperm count is reduced, leading to a temporary sterility.
• Chronic smoking of marijuana in females causes a decrease in fertility.
• A higher than normal incidence of stillborn births, early termination of pregnancy, and higher infant mortality rate during the first few days of life are common in pregnant marijuana smokers.
• THC causes birth defects including brain damage, spinal cord, forelimbs, liver, and water on the brain and spine in test animals.
• Prenatal exposure may cause underweight newborn babies.
• Fetal exposure may decrease visual functioning.
• User's mental function can display the following effects:
1.
delayed decision making
2.
diminished concentration
3.
impaired short-term memory
4.
impaired signal detection
5.
impaired tracking
6.
erratic cognitive function
7.
distortion of time estimation
Workplace Issues
• THC is stored in body fat and slowly released.
• Marijuana smoking has long-term effects on performance.
• Increased THC potency in modern marijuana dramatically compounds the side effects.
• Combining alcohol or other depressant drugs with marijuana increase the impairing effects.
Cocaine
Used medically as a local anesthetic. When abused, it becomes a powerful physical and mental stimulant. The entire nervous system is energized. Muscles tense, heart beats faster and stronger, and the body burns more energy. The brain experiences an exhilaration caused by a large release of neurohormones associated with mood elevation.
Health Effects
• Regular use may upset the chemical balance of the brain. As a result, it may speed up the aging process by causing damage to critical nerve cells. Parkinson's Disease could also occur.
• Cocaine causes the heart to beat faster, harder, and rapidly increases blood pressure. It also causes spasms of blood vessels in the brain and heart. Both lead to ruptured vessels causing strokes and heart attacks.
• Strong dependency can occur with one "hit" of cocaine. Usually mental dependency occurs within days for "crack" or within several months for snorting coke. Cocaine causes the strongest mental dependency of all the drugs.
• Treatment success rates are lower than other chemical dependencies.
• Extremely dangerous when taken with other depressant drugs. Death due to overdose is rapid. Fatal effects are usually reversible by medical intervention.
Workplace Issues
• Extreme mood and energy swings create instability. Sudden noise causes a violent reaction.
• Lapses in attention and ignoring warning signals increases probability of accidents.
• High cost frequently leads to theft and/or dealing.
• Paranoia and withdrawal may create unpredictable or violent behavior.
• Performance is characterized by forgetfulness, absenteeism, tardiness, and missing assignments.
Opiates
• Narcotic drugs which alleviate pain and depress body functions and reactions.
Health Effects
• IV needle users have a high risk of contracting hepatitis or AIDS when sharing needles.
• Increase pain tolerance. As a result, a person may more severely injure themselves and fail to seek medical attention as needed.
• Narcotic effects are multiplied when combined with other depressants causing an increased risk for an overdose.
• With increased tolerance and dependency combined, there is a serious financial burden for users.
Workplace Issues
• Side effects such as nausea, vomiting, dizziness, mental clouding and drowsiness place the user at high risk for an accident.
• Causes impairment of physical and mental functions.
Amphetamines
• Central nervous system stimulant that speeds up the mind and body.
Health Effects
• Regular use causes strong psychological dependency and increased tolerance.
• High doses may cause toxic psychosis resembling schizophrenia.
• Intoxication may induce a heart attack or stroke due to increased blood pressure.
• Chronic use may cause heart or brain damage due to severed constriction of capillary blood vessels.
• Euphoric stimulation increases impulsive and risk taking behavior, including bizarre and violent acts.
• Withdrawal may result in severe physical and mental depression.
Workplace Issues
• Since the drug alleviates the sensation of fatigue, it may be abused to increase alertness during periods of overtime or failure to get rest.
• With heavy use or increasing fatigue, the short-term mental or physical enhancement reverses and becomes an impairment.
Phencyclidine (PCP)
• Often used as a large animal tranquilizer. Abused primarily for its mood altering effects. Low doses produce sedation and euphoric mood changes. Mood can rapidly change from sedation to excitation and agitation. Larger doses may produce a coma-like condition with muscle rigidity and a blank stare. Sudden noises or physical shocks may cause a "freak out" in which the person has abnormal strength, violent behavior, and an inability to speak or comprehend.
Health Effects
• The potential for accidents and overdose emergencies is high due to the extreme mental effects combined with anesthetic effect on the body.
• PCP, when combined with other depressants, including alcohol, increases the possibility of an overdose.
• If misdiagnosed as LSD induced, and treating with Thorazine, can be fatal.
• Irreversible memory loss, personality changes, and thought disorders may result.
Workplace Issues
• Not common in the workplace primarily because of the severe disorientation that occurs.
• There are five (5) phases to PCP abuse:
1.
Acute toxicity causing combativeness, catatonia, convulsions, and coma.
2.
Distortions of size, shape, and distorted perception are common.
3.
Toxic psychosis with visual and auditory delusions, paranoia and agitation.
4.
Drug induced schizophrenia.
5.
Induced depression which may create suicidal tendencies and mental dysfunction.
Opioids
• Narcotic drugs which alleviate pain and depress body functions and reactions.
Health Effects
• IV needle users have a high risk of contracting hepatitis or AIDS when sharing needles.
• Increase pain tolerance. As a result, a person may more severely injure themselves and fail to seek medical attention as needed.
• Narcotic effects are multiplied when combined with other depressants causing an increased risk for an overdose.
• With increased tolerance and dependency combined, there is a serious financial burden for users.
Workplace Issues
• Side effects such as nausea, vomiting, dizziness, mental clouding and drowsiness place the user at high risk for an accident.
• Causes impairment of physical and mental functions.
382.605 Referral, evaluation and treatment.
Each driver who has engaged in conduct prohibited by Title 49 Code of Federal Regulations Part 382. sub-part B shall be advised by the employer of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and the use of controlled substances.
382.413 Release of Alcohol and Controlled Substance Test Information By Previous Employers:
The City shall, pursuant to a driver's written authorization, inquire about information on the driver's alcohol tests with a result of 0.04 or greater, positive controlled substance test results, and refusals to be tested within the preceding two years of employment application, which are maintained by the driver's previous employers.
If feasible this information must be obtained and reviewed by the City prior to the first time a driver performs a safety sensitive function. If it is not feasible to obtain the information prior to the driver performing a safety sensitive function the City has 14 calendar days to obtain and review this information. The City may not permit a driver to perform safety sensitive functions after 14 calendar days without having made a good faith effort to obtain the information as soon as possible.
If the driver stops performing safety sensitive functions for the City before the 14 calendar days expires, or before the information is obtained, the City must still make a good faith effort to obtain the information.
382.601(b)11(d): Certificate of Receipt:
Drug/Alcohol educational material packets shall be distributed to covered employees. A minimum of two hours of supervisory training shall be required of all supervisors. Employees and supervisors are required to sign for the materials. A copy showing receipt shall be maintained by the City of Alamogordo, or the Third Party Administrator, as part of the employee's confidential drug and alcohol file.
Pursuant to Title 49 Code of Federal Regulations Part 382, sub-part B you are advised by the City of Alamogordo of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and/or the use of controlled substances. You may not return to any "Safety Sensitive" position within the City of Alamogordo until such time as you have completed, or been released, by an approved Substance Abuse Program that contains: referral, evaluation, and treatment.
A non-inclusive assistance resource listing:
• Zia Therapy / 900 First St., Alamogordo, NM 88310 / 575-439-4900
• Behavioral Health Services Division / 37 Plaza La Prensa, Sante Fe, NM 87507 / 505-827-2601
• Substance Abuse and Mental Health Services Administration (SAMHSA)877-SAMHSA-7 or 877-726-4727
• National Institute for Drug Abuse (NIH) www.drugabuse.gov / 301-496-4000
• Cocaine Helpline / 800-COCAINE or 800-262-2463
• New Mexico Alcoholics Anonymous / 1405 San Mateo Blvd., NE Albq., NM / 505-266-3688
• New Mexico Alcoholics Anonymous / 1921 Alvarado Dr. NE, Albq., NM / 505-266-1900
• New Mexico Alcoholics Anonymous / 2411 4th St., Albq., NM / 505-243-8426
• New Mexico Alcoholics Anonymous / 11605 Menaul Blvd., NE, Albq., / 505-292-1067
• National Institute on Alcohol Abuse and Alcoholism / niaaa.nih.gov / 888-MY-NIAAA or 888-696-4222
• Dr. Mary Ann Cotton (EAP) / 820 Scenic Dr. #B, Alamogordo, NM / 575-439-1550
• LaRocque Counseling Assoc., LLC (EAP) / 1213 Michigan Ave. Alamogordo, NM / 575-437-8942
_____________________________________
Employee Signature of Receipt Date of Receipt
_____________________________________
City of Alamogordo
Original: Employee Confidential Auxiliary File
Copy: Employee
(Ord. No. 1547 , 1-19-18; Ord. No. 1562 , §§ 1—3, 3-14-18)