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R-02-1296 City of Clermont RESOLUTION NO. 1296 A RESOLUTION OF THE CITY OF CLERMONT, I~KE COUNTY, FLORIDA AMENDING THE SUBSTANCE ABUSE POLICY OF THE CITY OF CLERMONT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clermont adopted the current Substance Abuse Policy of the City of Clermont Resolution No. 1040 dated November 24, 1998 and amended it by Resolution No. 1183, dated February 27, 2001 and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont that the City of Clermont Substance Abuse Policy will be amended as follows: SECTION 1 Part A, Section 9.4, Drug Test shall be added as follows: A job aPplicant or employee has the right to consult the Medical Review Officer for technical information regarding prescription and non-prescription medication and the possible affect these drugs may have on the outcome of a drug test. If the job applicant or employee is using prescription or non-prescription medications, which may affect the outcome of a drug test, he must report the use of the medication to the City's Personnel Specialist. This may be done confidentially, whether before or after the drug test. SECTION 2 Part A, Section 10.1, Job Applicant Testing shall be amended as follows: A job applicant who has applied for a position with the City and has been offered employment conditional upon successfully passing a drug test will undergo screening for the presence of drugs or alcohol. A job applicant will be denied employment with the City if any one of the following conditions are present: A. Job applicant refuses to take the test B. Job applicant's test results are confirmed positive C. Job applicant's test results are reported from the laboratory as adulterated D. Job applicant's test results are reported from the laboratory as substituted E. Job applicant does not take the test within three (3) working days of receipt. of the Florida Drug Free Workplace Chain of Custody Form SECTION 3 Part A, Section 10.2, shall be deleted. Information included in Part A, Section 9.4 City of Clermont RESOLUTION NO. 1296 SECTION 4 Part A, Section 11.6, Annual Test shall be added as follows: Annual Testing of all employees with the exception of the following: A. Employees required to submit to a Routine Fitness for Duty medical examination. B. Employees who submitted to a Job Applicant Drug Test with the City of Clermont during the twelve (12) month period immediately preceding the Annual Drug Test date. SECTION 5 Part A, Section 12.5, Adulterated Test Results shall be amended as follows: If an employee's confirmed test result is reported from the laboratory as being adulterated/substituted, the employee will be considered to have refused testing and shall be terminated. SECTION 6 Pa~t A, 12.7, Diluted Test Results shall be added as follows: 1. If an employee's/job applicant's confirmed test result is reported from the laboratory as being a positive-dilute, the test is considered a positive test. 2. If an employee's/job applicant's confirmed test result is reported from the laboratory as being a negative-dilute, the employee/job applicant is required to take another test immediately. 3. The results of the second test becomes the test of record. If the result of the second test is a negative-dilute, the test is considered a negative test. 4. If the employee/job applicant is directed to take.another test and declines to do so, the employee/job applicant is considered to have refused to take a test. SECTION 7 Part A, Section 13.1, Challenge of a Positive Test Result shall be amended as follows: A job applicant or employee who receives a positive confirmed drug test result may contest the result to the Medical Review Officer within five (5) working days after written notification of the positive test results. If the job applicant's or employee's explanation or challenge is unsatisfactory to the Medical Review Officer, the Medical Review Officer shall report a positive test result to the City. City of Clermont RESOLUTION NO. 1296 SECTION 8 Part A, Section 13.2, Challenge of a positive test result shall be amended as follows: A job applicant or employee may also challenge the positive test results pursuant to law or to rules adopted by the Agency for Health Care Administration. SECTION 9 Part B, Section 3.9, Refusal to Submit shall be amended as follows: Refusal to submit (to an alcohol or controlled substances test) means that a driver: 1. Fails to appear for any test'(except a pre-employment test) within a reasonable time, as determined by the City, consistent with applicable DOT agency regulations, after being directed to do so by the City. 2. Fails to remain at the testing site until the testing process is complete. 3. Fails to provide a urine specimen for any drug test required by this part Or DOT agency regulations. 4. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver's provision of a specimen. 5. Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. 6. Fails or declines to take a second test the.employer or collector has directed the driver to take. 7. Fails to undergo a medical examination or evaluation, as directed by the Medical Review Officer as part of the verification process. In the case of a pre- employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment~ 8. Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process); or 9. Is reported by the Medical Review Officer as having a verified adulterated or substituted test result. City of Clermont RESOLUTION NO. 1296 SECTION 10 Part B, Section 9.0, Return to Duty shall be amended as follows: No driver who has engaged in prohibited conduct as explained in Section 7.1 - 7.7 shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of 49 CFR Part 40, subpart 0. If the employer decides to terminate a driver as a result of engaging in prohibited conduct outlined in Sections 7.1 -7.7, the employer is only obligated to advise the driver of resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances. The employer will not be responsible for any employee costs associated with a substance abuse professional referral, if necessary, or any treatment that may follow such referral. SECTION 11 Part B, Section 10.6, Follow-up Testing shall be amended as follows: Following a determinatiOn under 49 CFR, Part 40, Subpart 0, that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by a substance abuse professional. A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform the safety sensitive functions or just after the driver has ceased performing such functions. SECTION 12 Part B, Section 11.1, Breath Alcohol Testing shall be amended as follows: All procedures for breath alcohol testing will follow those contained in 49 CFR part 40, as amended, specifically SubParts J - N. SECTION 13 Part B, Section 11.2, Controlled Substance Testing shall be amended as follows: All procedures for controlled substances testing will follow those contained in 49 CFR part 40, as amended, specifically Subparts D - I. City of Clermont RESOLUTION NO. 1296 SECTION 14 Part B, Section 11.5, Diluted Test Results shall be added as follows: 1. If an employee/job applicant confirmed test result is reported from the laboratory as being a positive-dilute, the test is considered a positive test. 2. If an employee/job applicant confirmed test result is reported from the laboratory as being a negative-dilute, the employee/job applicant is required to take another test immediately. 3. The result of the second test becomes the test of record. If the result of the second test is a negative-dilute, the test is considered a negative test. 4. If the employee/job applicant is directed to take another test and declines to do so, the employee/applicant is considered to have refused to take the test. SECTION 15 This resolution shall become effective immediately upon adoption. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS 26TM DAY OF NOVEMBER, 2002. ATTEST: