Exhibit_H_-_A.R._2.324_Substance_Abuse_Policy.pdf

ADMINISTRATIVE REGULATION

A.R. NUMBER

2.324 Revised

FUNCTION

Human Resources and Payroll

SUBJECT

POLICY ON ALCOHOL AND SUBSTANCE USE AND ABUSE

EFFECTIVE DATE

October 24, 2022

REVIEW DATE

Summary of Changes This Administrative Regulation was last revised in 2021. This AR has been revised to clarify the requirements of the federal Drug-Free Workplace Act of 1988.

I. PURPOSE

The City of Phoenix (“City”) recognizes that its employees are its most important resource. The purpose of this AR is to outline the City policy regarding alcohol and substance use and abuse, and to provide guidance to supervisors in addressing these issues.

In 1988, Congress enacted the Drug-Free Workplace Act (“Act”). The Act requires that an organization receiving federal grants maintain a drug-free workplace.

Under the Act, as a condition of employment, each employee must abide by the terms of the following Drug-Free Workplace Statement:

Employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or unauthorized use of a controlled substance in the workplace. Employees must notify the City in writing of a conviction for violating any criminal drug statute in the workplace no later than 48 hours after the conviction.

A violation of this Statement is grounds for discipline up to and including dismissal.

The City also recognizes that alcohol and substance abuse may sometimes be successfully treated, enabling the employee to return to a satisfactory job performance level.

II. SCOPE

A. This AR applies to all City employees.

B. City Departments, including but not limited to Fire, Police, Aviation and Water, may have specific government or departmental regulations governing substance use and abuse. In these cases, their employees are also subject to those departmental regulations.

A.R. 2.324 Rev.

Human Resources and Payroll

C. All employees are prohibited from using, possessing or being impaired by marijuana while conducting City business; on business hours; on overtime; on paid standby/on-call duty; on lunch and breaks; or at a City worksite.

D. Employees who occupy positions regulated by the federal government and certain federally funded positions are subject to specific City and federal requirements and procedures related to substance use and abuse. For example, the Federal Motor Carrier Safety Administration (FMCSA) policy that governs the City’s CDL drivers and the Federal Aviation Administration policy that governs employees who service/repair or operate aircraft prohibit the on-duty or off-duty use of controlled substances, including marijuana.

E. Employees who possess firearms or ammunition as part of their job duties (e.g., sworn ranks in the Police Department and AZ Post Certified Fire Department arson investigators) are prohibited from using controlled substances, including marijuana, on or off duty.

F. Other Police Department positions, including positions in the Crime Lab, Communications and Property Management are also prohibited from using controlled substances, including marijuana, on or off duty. The Police Department’s Operations Orders list specific positions that are prohibited from using marijuana on or off duty.

G. Employees who do not occupy positions that prohibit the off-duty use of marijuana must not use marijuana off duty in any way that could cause impairment at work or would adversely impact job safety, job performance, or customer service.

III. POLICY

A. It is the employee's responsibility to demonstrate satisfactory job performance at all times.

B. The City recognizes that alcohol and substance use and abuse may have an adverse effect on job performance.

C. Employees are prohibited from reporting to work when their mental or physical capacities are impaired by alcohol or any substance, including but not limited to: over-the-counter medications, prescription medications, marijuana, controlled substances, or any synthetic or designer drugs that mimic the effects of controlled substances. Employees should discuss the potential side effects of their medications with their medical providers. Reporting to work impaired may subject the employee to appropriate disciplinary action.

D. Under no circumstance will an employee be allowed to operate equipment or drive a motor vehicle when there is a good faith belief that the employee’s ability to do so is impaired.

E. The use, possession, sale, transfer, or purchase of alcohol, human growth hormones, marijuana in any form, or controlled substances without a valid prescription are prohibited whenever an employee is: conducting City business; on business hours; on overtime; on paid standby/on-call duty; on lunch and breaks; or at a City worksite. Controlled substances include, but are not limited to: anabolic steroids, Oxycontin, Morphine, Percocet, Demerol, Valium, Soma, Ambien, etc. or any synthetic or designer drugs that mimic the effects of a controlled substance. Any such use, possession, sale, transfer or purchase shall be grounds for discipline up to and including dismissal.

F. The use or possession of controlled substances with a valid prescription may be permissible if the substance does not impair job performance. The misuse of controlled substances with a valid prescription or the use of controlled substances with the knowledge that it will likely impair job performance may also subject the employee to appropriate disciplinary action.

G. In situations involving employees with impairments that constitute disabilities under federal or state law, the City will act in accordance with those laws.

H. An employee who reports to work and appears to be impaired by alcohol or any substance will be subject to reasonable cause testing.

I. Refusal to submit to reasonable cause testing will subject the employee to disciplinary action up to and including dismissal.

J. Any attempt to adulterate, dilute, substitute, contaminate, or in any way tamper with or affect the outcome of the alcohol or drug test procedure will subject the employee to dismissal.

K. No employee shall purchase or consume illegal substances or marijuana while dressed in a

City-issued uniform or wearing City-issued badges or public safety patches. Unless prior authority is received for certain special events or other City-sponsored activities, employees shall not purchase or consume alcoholic beverages while dressed in a City-issued uniform or wearing City-issued badges or public safety patches.

L. Employees who are concerned about their alcohol or substance use are strongly encouraged to voluntarily seek assistance. The Employee Assistance Program (EAP) is available as a resource for all employees. An employee’s job security or promotional opportunities will not be jeopardized by the voluntary utilization of the EAP or any other treatment services.

M. Supervisors are encouraged to inform employees of the availability of EAP services when deteriorating or unsatisfactory job performance does not respond to usual supervisory actions, or when a specific on-the-job incident is cause for concern. A supervisor should not attempt to diagnose an employee's problems. The supervisor's role is to monitor job performance and make a supervisory referral, if appropriate.

N. Confidentiality is an essential element of both the EAP and substance abuse treatment. Any employee violating this confidentiality will be subject to disciplinary action.

O. An employee’s use of a substance abuse treatment program does not replace normal disciplinary procedures for unsatisfactory job performance, inappropriate conduct, or unprofessional behavior.

IV. TYPES OF TESTING

A. Pre-Employment – As a condition of employment, new City employees in specific job categories must pass a pre-employment urine drug screen prior to beginning employment with the City. See the Addendum attached to this AR for a listing of the specific job categories that require a pre-employment urine drug screen prior to beginning employment with the City.

In addition, current City employees who are moved into a position that requires a CDL will be required to pass a pre-employment drug screen and breath alcohol test in compliance with federal mandates.

1. A candidate who completes a pre-employment urine drug screen must start employment with the City within 30 calendar days of the initial urine drug screen. If the candidate does not begin employment within 30 calendar days, the candidate will be required to complete another pre-employment drug screen on the 31st day or after. An extension to the 30 calendar day requirement may be granted by the Human Resources Director under certain circumstances.

2. In certain instances, a pre-employment urine drug screen can be administered in other states in order to accommodate those candidates who reside outside the State of Arizona. The department’s human resources liaison will work with the Alcohol and Drug Testing Coordinator to schedule out-of-state testing.

3. Those candidates who are unable to complete a urine drug screen due to an existing long or short-term medical condition will be required to complete another form of pre-employment drug screen as a condition of employment, which could include a saliva or blood draw test. This type of testing is an exception and will be used only in medically confirmed and well-documented instances.

B. Reasonable Cause – The City, as an employer, has an obligation to ensure the safety of its employees and the general public. Reasonable cause drug and alcohol testing may be conducted when one supervisor (or two supervisors when feasible) has observed and documented conduct or behavior that may signal impairment of an employee in the workplace. Reasonable cause drug and alcohol testing may be conducted when the City receives reliable information regarding an employee and his/her use of alcohol or a substance that causes impairment while conducting City business; on business hours; on overtime; on paid standby/on-call duty; on lunch and breaks; or at a City worksite.

C. Follow-up – An employee who tests positive for drugs or alcohol may be offered the opportunity to sign a Last Chance Employment Agreement which will set the terms and conditions of continued employment. An employee’s refusal to sign or abide by the agreement will result in termination of employment. The employee will be subject to follow-up drug or alcohol testing as prescribed by a City designated Substance Abuse Professional (SAP) after successfully completing a rehabilitation program and producing a negative return to work drug or alcohol test result. The SAP will determine the type and duration of the follow-up schedule.

An employee who tests positive while on initial probation does not qualify for a Last Chance Agreement, and the employee will be terminated.

D. Random – Employees who are in positions or want to remain eligible to work out of class in positions regulated by the federal government (including positions that require a CDL and positions that service, repair or operate an aircraft) are federally mandated to complete random drug and alcohol testing. Employees in sworn Police positions are subject to random drug and alcohol testing as prescribed by their departmental policies.

E. Post-Accident – Employees involved in accidents may be required to complete post-accident drug and alcohol testing if the employee’s conduct or behavior at the accident scene leads supervisors to suspect possible impairment. Employees who are in positions that require a CDL are federally mandated to complete drug and alcohol testing when involved in a vehicular accident and when certain criteria are met. These criteria are listed in the City of Phoenix Alcohol and Drug Testing Programs and CDL FMCSA policy.

F. Return to Work – Return-to-work drug tests may be administered to employees who use substances, including marijuana, that could impair job performance, and to employees in CDL positions who are off work for 30 days or more and have not been subject to random testing during that time. These employees will not be allowed to return to work until the City has received negative drug test results.

V. SUBSTANCES TESTED FOR AND CONCENTRATION CUTOFF LEVELS

The City tests for the following substances during pre-employment, reasonable cause, follow-up, random, post-accident, and return to work tests:

1. Cannabinoids (Marijuana)*

2. Cocaine

3. Opiates

4. Phencyclidine (PCP)

5. Amphetamines

In addition, City employees may be tested for anabolic steroids during reasonable cause tests.

The Police and Fire departments may also include anabolic steroid testing in their pre-employment tests, and the Police Department may include anabolic steroid testing in its random drug and alcohol testing program.

The City reserves the right to test for substances other than those listed above with prior notice.

When a breath alcohol test is administered during a reasonable cause, follow-up, random, post-accident, or return to work test, an alcohol concentration level of 0.02 or higher will be considered positive. The concentration and cut-off levels for the substances tested follow the standards set by the FMCSA.

*Only included in pre-employment tests for certain positions (see the addendum attached to this A.R.)

VI. EMPLOYEE RESPONSIBILITIES AND RIGHTS

A. All City employees are expected to report to work in a state of readiness to perform their job duties and responsibilities.

B. Employees are prohibited from reporting to work under the influence of alcohol or any substances, including over-the-counter or prescription medications, that impair job performance or present a hazard to their co-workers or the public. Employees should discuss the potential side effects of their medications with their medical providers.

C. Employees who report to work while impaired by alcohol, over-the-counter medications, prescription medications, marijuana, controlled substances, or any synthetic or designer drugs that mimic the effects of a controlled substance are subject to disciplinary action.

D. Employees who hold positions with disclosure requirements, as set forth in the attached

Addendum, and who use substances, including over-the-counter medications or prescribed medications, that could impair their job performance shall report their use of the substances to their supervisor or their department human resources liaison.

E. Employees who hold positions with disclosure requirements, as set forth in the attached

Addendum, and who use medical marijuana, must disclose such use and present a valid medical marijuana card issued by the State of Arizona to their supervisor or their department human resources liaison. An employee will not be discriminated against, penalized, or disciplined based solely on his/her status as a medical marijuana card holder or a positive drug test for marijuana metabolites.

F. If an employee uses a substance that could impair job performance, they will be removed from the position until they have stopped using the substance and have passed a return-to-work drug test.

G. All employees play an important role in ensuring a safe workplace. If employees observe impairment or dangerous behaviors on the job, they should report their observations to their supervisor or department human resources liaison.

H. Testing of employees will be conducted on City time and paid for by the City.

I. Upon request, an employee will be given his/her written drug or alcohol test results, in accordance with the City’s records retention policy.

J. Upon request, test results will be explained to an employee in a confidential setting.

K. Upon request, an additional test of the split sample will be performed, if available. The City will pay the cost of the split sample test. If the employee requests underlying data from the split sample test, the employee may be required to cover the cost of obtaining such data.

L. All communication received by the City relevant to drug or alcohol test results is confidential and will be used only in accordance with and as permitted by federal and state laws.

VII. EMPLOYEE ASSISTANCE

A. Employees who are concerned about their alcohol or substance use are strongly encouraged to voluntarily seek assistance. A City employee assistance program (EAP) is available as a resource for all employees. EAP contact information can be obtained from the Human Resources Department or a department human resources liaison.

B. EAP is available for assessment, referral to treatment, and follow-up. Any employee of the

City of Phoenix wishing confidential assistance for a possible alcohol or substance use problem can call EAP to schedule an appointment with a counselor.

All self-referral contacts are held in confidence by EAP unless the employee requests, through a specific written release of information, that the department, supervisor, union, or other parties be notified. If the problem involves danger to the employee, co-workers, or to the public, the EAP counselor shall notify the City.

C. An employee can schedule an appointment with EAP on his/her own time (days off, before or after the work shift, during lunch break) without notifying anyone in the department.

1. City Time – An employee can schedule EAP appointments on City time with the approval of his/her supervisor. An employee may use EAP on City time for up to three visits per calendar year, with the supervisor's prior approval for scheduling purposes. It is not necessary or required to let the supervisor know the purpose of EAP visits. EAP counselors may request approval for additional visits on City time. This approval is at the discretion of the immediate supervisor, in consultation with the department human resources liaison, based on the needs of the employee and the work unit’s operation.

2. Leave Request – If an employee requires leave for voluntary substance abuse treatment, he/she can follow established Human Resources policy concerning sick leave usage. If an employee requests that the purpose of the sick leave not be disclosed to his/her immediate supervisor, the doctor's medical slip can be processed directly through his/her department human resources liaison. The department head or designee shall maintain confidentiality regarding the reason for the leave when advising the supervisor of the employee's time away.

3. Health Insurance – Health insurance coverage applies to substance abuse treatment within the terms of the plan in which the employee is enrolled. The employee assumes the financial responsibility for all services that are not covered by insurance.

VIII. SUPERVISORY RESPONSIBILITIES

If a supervisor has a good faith belief that an employee is impaired by alcohol or any substance when reporting for work or during the work shift, the supervisor has a responsibility to investigate the employee’s condition and relieve the employee of his/her duties if appropriate. An employee who may be impaired by alcohol or any substance must not be allowed to continue to work, to operate or drive vehicles or equipment on the job, or to drive a private vehicle from the work site.

A. Managers, supervisors, union representatives and other employee representatives play a key role in the implementation and monitoring of an alcohol and substance use and abuse policy. Education and training are critical to facilitate the understanding and management of performance problems resulting from alcohol and substance use and abuse.

B. It is the responsibility of supervisors at every level to monitor employee job performance and conduct and take appropriate action if impairment on the job is suspected.

C. Supervisors are encouraged to inform employees of the availability of EAP when deteriorating or unsatisfactory job performance does not respond to usual supervisory actions, or when a specific on-the-job incident is cause for concern. A supervisor should not attempt to diagnose an employee's problems. Supervisors should consult with their department’s human resources liaison when scheduling EAP for their employees.

D. Observation – If a supervisor observes an employee who appears to be impaired by alcohol or any substance, he/she should, if feasible, seek the opinion of at least one additional supervisor or management representative. Reasonable cause should exist before requesting the employee to take a urine drug screen and a breath alcohol test. Reasonable cause testing may be conducted when any of the various symptoms or behaviors listed below are observed and documented:

• slurred speech

• red eyes

• dilated pupils

• incoherence

• unsteadiness on feet, including difficulty walking or standing

• smell of alcohol or marijuana coming from the employee’s body

• inability to carry on a rational conversation

• irrational, erratic, or unusual behavior

• increased carelessness

• sleeping on the job

• inability to perform job duties

• negligence or carelessness in operating equipment or machinery

• inexplicable/uncontrollable rage

• disregard for the safety of the employee or others

• involvement in an accident that results in serious damage to equipment, machinery, property, or injury to the employee or others

• reliable information or a report by a person who witnessed the employee use or possess drugs or drug paraphernalia at work

• other symptoms, behaviors or physical changes causing a reasonable suspicion of the use of alcohol or substances that impair performance

The list of factors or behaviors is not all-inclusive and may include other symptoms or behaviors. The supervisor must document these observations in writing. A copy of this document will be provided to the employee upon request.

E. Referral for Testing – If the supervisor determines that reasonable cause exists, the employee should not be allowed to drive. The employee will be directed to accompany the supervisor or use other transportation to the City-contracted drug/alcohol screening center for a urine drug screening and breath alcohol test to determine fitness for duty.

Each employee is hereby informed that:

• The tests will be conducted on City time, paid for by the City, and are part of the employee’s job requirements.

• Refusal to take the test or sign the release of information forms may result in disciplinary action up to and including dismissal.

• The employee will not be allowed to drive home. (Supervisors may work with the employee to arrange for alternate transportation home.)

• The employee will be placed on an at-home administrative work assignment until the results of the test are received by the City.

• Employees who refuse to take the test will be placed on unpaid leave pending appropriate disciplinary action.

F. Test Results – An employee who tests positive for alcohol during a random, reasonable cause, follow-up, post-accident, or return to work test shall be considered unfit for work and shall be relieved from duty that day. The employee will not be allowed to drive home from the screening center. The employee will be placed on at-home work assignment until the results of the drug test have been received.

G. A supervisor who observes an employee using, possessing, selling, transferring or purchasing alcohol or substances that could impair performance while on the job should take immediate and appropriate action, which may include contacting the Police Department.

Observations about the employee's behavior, as well as the discussions and contacts with him or her should be documented in writing. The supervisor should immediately report these observations to his/her own supervisor and the department’s human resources liaison for guidance. The Alcohol and Drug Testing Office also should be contacted immediately.

H. Positive Test Results (includes Refusal to Submit) – If the employee tests positive for alcohol or drugs, the following actions will occur:

1. The department will contact the Human Resources Department to discuss the appropriate level of disciplinary action; and

2. The employee will be referred to a City designated Substance Abuse Professional (SAP) who will make the assessment and determination of the appropriate rehabilitation and treatment program. During the rehabilitation and treatment program, an employee may be placed on FMLA or, if not eligible for FMLA, may use accrued vacation or compensatory time until the employee has completed the rehabilitation program and has a negative result on the return to work alcohol and drug test. If the employee does not have accrued leave available, the employee will be placed in a non-paid leave status.

Any required follow-up appointments will be held during the employee’s non-work hours and the employee will not be paid for the follow-up appointments.

IX. COMPLIANCE AND ENFORCEMENT

Employees must comply with federal, state, and local laws and regulations and all City policies, including this Administrative Regulation and any other policy, standard or procedure related to alcohol and drug testing. Employees who fail to comply with these requirements will be subjected to disciplinary action up to and including dismissal.

All alcohol and drug testing records are kept in separate confidential files maintained by the Human Resources Department’s Alcohol and Drug Testing Coordinator or designee.

X. QUESTIONS

Questions regarding this AR should be directed to the Human Resources Department at (602) 495-5700.

FOR JEFFREY BARTON, City Manager

By: _______________________________ Ginger Spencer Deputy City Manager

030668 Ginger

ADDENDUM – AR 2.324 POLICY ON SUBSTANCE ABUSE

Drug Testing/Disclosure Categories

Position/Function

Pre-Employment Testing and Required Disclosure of

Substances that May Impair Performance

(Sections IV(A), VI(D), VI(E))

Reasonable Cause

Testing

Follow- Up

Testing Random Testing

Post Accident Testing

(Federally Mandated)

Federally Regulated Positions (CDL operators and positions that service/repair or operate aircraft) *

Access to criminal justice information**

Access to drug / medical information**

Occupies a Driving Position***

Works with gases / hazardous materials

Assigned to Homeland Security** Regularly/directly works with children or vulnerable adults

Sworn Police Officers*

Sworn Firefighters

POST-certified arson investigators*

Assigned to the Crime Lab* Interdiction or enforcement of federal drug laws**

Occupies a federally-funded position**

All other City employees

*Pre-employment testing for these positions will include testing for cannabinoids (marijuana).

**Pre-employment testing for these positions may include testing cannabinoids (marijuana) depending on specific job duties.

***Driving Position definition: A job that requires driving a vehicle on City business regularly, on average once per week (reference AR 2.96, Driver Qualification, Section II).