Substance Abuse PolicyMEMORANDUM
December 26, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Substance Abuse Policy
Federal Drug and Alcohol Testing Regulations require preparation of a Substance
Abuse Policy. As City Manager, I originally approved the Substance Abuse Policy on
January 12, 1996. Recent amendments to the Drug and Alcohol Testing Regulations
contained a clarification stating that the Substance Abuse Policy must be approved by
the employer's governing board, which is the City Council. Personnel Manager Randy
Peck is recommending that the City Council approve a motion adopting the Substance
Abuse Policy for the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Miiligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Randy Peck, Personnel Manager
,?
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 18, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen
City Manager
Randy Peck
Personnel Manager
Substance Abuse Policy
One of the requirements of the Federal Drug and Alcohol Testing
Regulations is to prepare a Substance Abuse Policy. You approved the attached
policy on January 12, 1996 and it has been distributed to employees. During the
1999 Federal Transit Administration Triennial Review, there was a question as to
who had the authority to approve the Substance Abuse Policy. At that time I
explained to the auditors that the City of Dubuque operates under the Council
Manager form of government and that under this form of government the City
Manager has the authority and responsibility to approve a policy such as this.
The Regional Administrator of the Federal Transit Administration concurred that it
was appropriate for you to approve the Substance Abuse Policy.
The recent amendments to the Drug and Alcohol Testing Regulations
contained a clarification related to who has the authority to approve the policy.
The regulations state that the Substance Abuse Policy must be approved by the
employer's governing board, which is the City Council. I contacted Leah Russell
of the Federal Transit Administration office in Kansas City to obtain her opinion.
She informed me that the attached Substance Abuse Policy must be approved
by the City Council. Consequently, 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
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, Part 653 and Part 654 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.
DRUG ANO ALCOHOL TESTING AND
SUBSTANCE ABUSE PREVENTION PROGRAM
COLLECTION SITES
TRI-STATE OCCUPATIONAL HEALTH
1980 ELM STREET
DUBUQUE, IOWA 52001
(319) 582-2525
CONTACT PERSON: LOIS SCHULLER
BUSINESS HEALTH
300 NORTH GRANDVIEW
DUBUQUE, IOWA 52001
(319) 589-2419
CONTACT PERSON: CINDY COOK