7 Resolution Adopting a New Drug and Alcohol Administrative Policy.

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Meeting Date: July 05, 2016

STAFF REPORT

AGENDA ITEM: Resolution Adopting a New Drug and Alcohol Administrative Policy MEETING DATE: July 5th, 2016

PREPARED BY: Odi Ortiz, Interim City Manager/Finance Director

REVIEWED BY: Jose Sanchez, City Attorney

RECOMMENDATION:

Adopt Resolution No. 2016- , Adopting a New Drug and Alcohol Administrative Policy.

BACKGROUND:

Management has been dedicating time and efforts to improving employees’ safety, risk management and enhancing general operational efficiencies. Administrative policies and procedures are tools the City adopts to manage and control some of these areas.

Per recent training provided by our insurance provider, RMA, in 2011 employers reported over $190 million in economic fiscal impacts from issues related to use of drugs and alcohol in the workplace. Impacts are related to missing work, bad performance and physical damages in certain incidents.

The City of Livingston is committed to promoting and maintaining an alcohol and drug free workplace which ensures City employees are providing service to the public free from impairment that is consistent with the Drug-Free Workplace Act of 1988.

This is a stand-alone policy and procedure applicable to all City employees. The City does have safety sensitive positions that involve commercial driving responsibilities that are subject to the Federal Department of Transportation Regulations ("DOT") and additional testing guidelines outlined under policy section D. All other policy sections A, B, C and E are applicable to all other City staff.

Management has completed the meet and confer process with all bargaining units regarding this new policy.

For general application of policy, see page 1, Section A. Any non-safety DOT employee would be subject to testing under the reasonable suspicion criteria outlined in the policy.

Reasonable suspicion shall be substantiated by a supervisor or manager generally in writing prior to scheduling a test. See policy Section E for specific guidelines to follow, record retention and possible actions on violation of this policy.

Livingston has identified several DOT certified facilities in Turlock, Merced, and Modesto. In addition to continuing to use the Romeo Medical Clinic, Quest Diagnostics and LabCorp are two other options for urine, blood, breath and/or saliva tests.

In efforts to find ways to assist staff in awareness of laws and management technics, Management coordinated the first training session to supervisors and management staff through our employment risk management authority (ERMA) on April 2J1h. Other training opportunities will be available soon like online webinars, onsite session(s) geared towards general staff.

DISCUSSION:

Approve and adopt new drug and alcohol policy.

FISCAL IMPACT:

No measurable fiscal impacts at this point. Management does expect overall improvements in safety awareness and general operating efficiencies.

ATTACHMENTS:

1. Resolution 2016- Adopting a New Drug and Alcohol Administrative Policy

2. Draft Drug and Alcohol Policy

RESOLUTION NO. 2016-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING A NEW DRUG AND ALCOHOL ADMINISTRATIVE POLICY

WHEREAS, the City of Livingston continues to improve safety awareness, risk management practices and operating efficiencies; and

WHEREAS, administrative policies are essential tools to improve such areas; and

WHEREAS, the City of Livingston is committed to promoting and maintaining an alcohol and drug free workplace which ensures City employees are providing service to the public free from impairment that is consistent with the Drug-Free Workplace Act of 1988; and

WHEREAS, this is a stand-alone policy and procedure applicable to all City employees; and

WHEREAS, the City has completed the meet and confer process with all bargaining units regarding this new policy; and

WHEREAS, the City wishes to adopt the new drug and alcohol administrative policy.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby adopts the new drug and alcohol administrative policy, attached hereto as Attachment 1.

Passed and adopted this 5th day of July, 2016, by the following vote: AYES:

NOES:

ABSENT:

ABSTAIN:

Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 5th day of July, 2016.

Antonio Silva, City Clerk of the City of Livingston

CITY OF LIVINGSTON DRUG AND ALCOHOL POLICY

The City is committed to maintaining an alcohol and drug free workplace consistent with the Drug-Free Workplace Act of 1988 and all applicable rules and regulations, including without limitation Code of Federal Regulations, Title 49 (49 CFR), Part 382 (collectively referred to hereafter as "Drug-Free Workplace Act").

This policy applies to all City employees, including employees who are commercial drivers designated as working in safety-sensitive positions as defined by the Federal Department of Transportation Regulations ("DOT"). Sections A, B, C, and E of this policy apply to all City employees as further described below. Sections D of this policy also applies to all City employees who are commercial drivers designated as working in DOT safety-sensitive positions as further described below.

 

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