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Substance Abuse Policy D~~~E ~~~ MEMORANDUM June 24, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager -SUBJECT: Substance Abuse Policy On January 7, 2002, the City Council approved a Substance Abuse Policy as part of the City's drug and alcohol testing and substance abuse prevention program. It has been determined that the policy referenced an incorrect federal regulation. Personnel Manager Randy Peck recommends City Council approval of a revised Substance Abuse Policy identifying the appropriate federal regulation. I concur with the recommendation and respectfully request Mayor and City Council approval. !l1tJ{ty Aft Michael C. Van Milligen --- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Randy Peck, Personnel Manager () 9 .:;;: ~:::.;- (:-' L~: I I) - t,,) ".-J r- ... I:: :::- ~~. -...... :::;.~' r-.. . CD -D ----. f\..) ":i) ~-::J r;.n ( r:': ~-c; '., , , ) ~Q , "}::i , I "'-.J D~~@UE ~ck~ Memorandum June 22, 2005 TO: FROM: Michael C. Van Milligen City Manager Randy Peck ~ Personnel Manager j SUBJECT: Substance Abuse Policy On January 7, 2002, the City Council approved a Substance Abuse Policy as part of the City's drug and alcohol testing and substance abuse prevention program. During the 2005 Federal Transit Administration Triennial Review, the auditor found that the City's Substance Abuse Policy referenced the incorrect federal regulation. The City's policy references 49 CFR, part 653 and 654. This reference should have been replaced by 49 CFR, part 655. Attached is a revised Substance Abuse Policy identifying the appropriate federal regulation. I recommend that the City Council approve a motion adopting the Substance Abuse Policy for the City of Dubuque. If you have any questions, please feel free to call. RP:bf Enclosure CITY OF DUBUQUE, IOWA DRUG AND ALCOHOL TESTING AND SUBSTANCE ABUSE PREVENTION PROGRAM SUBSTANCE ABUSE POLICY If the test of an employee who, is subject to the requirements of 49 CFR Part 382 and Part 655 results in a Medical Review Officer (MRO) verified positive test for the use of drugs, or an alcohol concentration of 0.04 or greater, the employee will be referred to an appropriate substance abuse professional for assessment and enrollment in a treatment and rehabilitation program. Results of the positive drug or alcohol test and terms of the rehabilitation will remain confidential, except as provided by the Federal Regulations. Employees referred to the treatment and rehabilitation program as a result of an MRO verified positive test or breath testing showing an alcohol concentration above 0.04, must immediately cease any substance abuse, must subject themselves to periodic unannounced testing for a period of not to exceed sixty months, and must comply with all other conditions of the treatment and counseling program recommended by the substance abuse professional. Expenses of the substance abuse treatment and rehabilitation program will be paid in accordance with the employee's health insurance plan. An employee required to take time off, in order to participate in a rehabilitation program will be permitted to use sick leave, vacation, casual days, and/or an unpaid leave. Participation in substance abuse treatment and rehabilitation will not result in disciplinary action; however, non-covered duties may be assigned until the MRO or substance abuse professional determines that the employee may return to duty. Successful completion of the prescribed program will be required for the employee to continue employment with the City. If an employee is undergoing substance abuse treatment and counseling or has returned to duty upon successfully completing such treatment and rehabilitation and a subsequent test is verified by the MRO as positive, or results in an alcohol concentration of 0.04 or greater, the employee will be terminated. Employees who undergo substance abuse treatment and counseling under this policy and who continue to work must meet all established standards of conduct and job performance.