Substance Abuse Policy
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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
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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 This reference should have been
replaced by 49 CFR, part 655.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.