City of PhiladelphiaDepartment of Health

Drug & Alcohol PolicyEmployee Education Program

SECTION ISECTION IDrug & Alcohol PolicyDrug & Alcohol Policy

DRUG & ALCOHOL POLICYPURPOSE

(Drug & Alcohol Policy - Section I)

• To establish that all premises, and motor vehicles used by the City of Philadelphia, whether owned or leased, for any program of activity of the City of Philadelphia shall be maintained as drug and alcohol free workplaces

• To provide a framework that will enable departments and agencies in City government to establish and maintain a safe, drug free work environment

• To provide consistent and relevant guidelines for all non-uniformed City employees covered by this policy regarding alcohol and drug use situations

• To encourage employees with substance abuse problems to attend rehabilitation, and to give those employees the opportunity to remain employed

DRUG & ALCOHOL POLICYPRIMARY CONCERNS

• SAFETY::• of the employee•• other employeesother employees•• and the general publicand the general public

Any employee under the influence of a prohibited substanceAny employee under the influence of a prohibited substanceis an immediate hazard to themselves and others.is an immediate hazard to themselves and others.

• SAVE A LIFE:•• of the employeeof the employee

Intervening now may be the only opportunity to help an employee.

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SELFSELF––REFERRAL PROCESSREFERRAL PROCESS(Drug & Alcohol Policy (Drug & Alcohol Policy -- Section III, A, 15)Section III, A, 15)

•• An employee who recognizes that a An employee who recognizes that a substance problem is causing distress in substance problem is causing distress in his/her life, and/or impacting his or her job his/her life, and/or impacting his or her job performance, should call the Employee performance, should call the Employee Assistance office or a health providerAssistance office or a health provider

•• Employees who comply with the selfEmployees who comply with the self--referral process referral process will not be penalizedwill not be penalized for for voluntarily seeking treatment voluntarily seeking treatment

DRUG & ALCOHOL POLICY(Drug & Alcohol Policy – Section II)

• The possession, manufacture, transfer, distribution, dispensing, sale, or use of prohibited substances or alcohol beverages in strictly prohibited – while on City premises– During any work hours– While driving City-owned, leased, or personal

vehicles while conducting City business

• This includes during lunch and break periods

SECTION IISECTION IIEffects of Drug & Alcohol Abuse

EFFECTS of DRUG & ALCOHOL ABUSE

• Alcohol abuse and the use of illegal drugs are serious workplace problems. Employees don’t check their substance abuse problems at the door when they enter the workplace

• Employees who abuse alcohol and drugs affect everyone around them

EFFECTS of DRUG & ALCOHOL ABUSE

Employee HealthSubstance abuse users tend to neglect their nutrition, sleep, and other health needs, and substance abuse depresses the immune system.

IMPACT:• Higher health benefit usage• Increased use of sick time • More absenteeism and tardiness

EFFECTS of DRUG & ALCOHOL ABUSESafety

Common effects of the use of alcohol and drugs are impairments in vision, hearing, attention span, muscle coordination, alertness and mental acuity.

IMPACT: • More accidents• More workers compensation claims

EFFECTS of DRUG & ALCOHOL ABUSE

Decision MakingEmployees who use alcohol and/or drugs often make poor decisions and have a distorted perception of their ability.

IMPACT: • Reduced innovation • Reduced creativity• Reduced ability to focus• Poor strategic decision making

EFFECTS of DRUG & ALCOHOL ABUSEMorale

The presence of an employee with drug and/or alcohol problems places a strain on relationships between coworkers.

IMPACT:• Higher turnover • Reduced team effort •• Negative effect on nonNegative effect on non--drug using drug using

coworkers coworkers

EFFECTS of DRUG & ALCOHOL ABUSESecurity

Employees with alcohol and/or drug problems often have financial difficulties, and employees using illegal drugs may conduct illegal activities in the workplace.

IMPACT: • Theft • Law enforcement involvement

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SAFE WORK ENVIRONMENTSAFE WORK ENVIRONMENTWHO IS RESPONSIBLE? WHO IS RESPONSIBLE?

•• The City of Philadelphia The City of Philadelphia (Employer)(Employer)

•• City Managers and SupervisorsCity Managers and Supervisors

•• EmployeesEmployees

SAFE WORK ENVIRONMENTSAFE WORK ENVIRONMENTRESPONSIBILITY RESPONSIBILITY –– EMPLOYER EMPLOYER

Employers have a legal and moral obligation Employers have a legal and moral obligation to to

provide a safe and healthful place that is provide a safe and healthful place that is free free

from all recognizable hazards includingfrom all recognizable hazards includingemployees who are under the influence ofemployees who are under the influence ofalcohol or drugs because they pose a alcohol or drugs because they pose a

hazardhazardto themselves, their coto themselves, their co--workers, and theworkers, and the

SAFE WORK ENVIRONMENTRESPONSIBILITY - EMPLOYEE

• All employees have the responsibility to report to work in a fit condition to perform their jobs without unnecessary risk to themselves or other individuals.

The “Whys”•• Why do we concern ourselves with employees Why do we concern ourselves with employees

who drink to much on their days off?who drink to much on their days off?

•• Why should we become suspicious of behaviors Why should we become suspicious of behaviors that occur outside the that occur outside the ““workplaceworkplace”” ??

•• We donWe don’’t & shouldnt & shouldn’’t until it impacts their t until it impacts their job, their safety, the safety of others.job, their safety, the safety of others.

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City Mandated City Mandated Drug and Alcohol TestingDrug and Alcohol Testing

•• The Federal Drug Free Workplace Act The Federal Drug Free Workplace Act (1988) (1988)

• Omnibus Transportation Employee Testing Act of 1991 (Commercial DriverCommercial Driver’’s s License for CDL required positions (1991)License for CDL required positions (1991)

•• FOP Negotiated Policy (Updated 2000)FOP Negotiated Policy (Updated 2000)•• IAFF Negotiated Policy (Updated 2000)IAFF Negotiated Policy (Updated 2000)•• AFSCME 2004 Negotiated PolicyAFSCME 2004 Negotiated Policy

AFSCME 2004 NegotiatedWHO IS COVERED UNDER THE WHO IS COVERED UNDER THE

POLICY?POLICY?•• The policy applies to: The policy applies to:

•• Represented members of District Council Represented members of District Council 3333

•• Represented members of District Council Represented members of District Council 4747

•• NonNon--represented and exempt employeesrepresented and exempt employees

SECTION II

Employment Situations That Authorize

Drug & Alcohol Testing

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TYPES OF REQUIRED TYPES OF REQUIRED DRUG & ALCOHOL TESTSDRUG & ALCOHOL TESTS

1.1. PrePre--EmploymentEmployment2.2. RandomRandom3.3. PostPost--AccidentAccident4.4. Reasonable SuspicionReasonable Suspicion5.5. Return to Duty & FollowReturn to Duty & Follow--UpUp

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RANDOM TESTING RANDOM TESTING SafetySafety--Sensitive PositionsSensitive Positions

(Drug & Alcohol Policy (Drug & Alcohol Policy –– Section V, B )Section V, B )

•• Based on job dutiesBased on job duties•• Subject to random alcohol/drug screeningSubject to random alcohol/drug screening•• Which positions are to be designated as Which positions are to be designated as ““safetysafety--

sensitivesensitive”” will be determined through will be determined through negotiations with the unionnegotiations with the union

•• Employees in a safetyEmployees in a safety--sensitive position will be sensitive position will be provided notice of the status of his/her positionsprovided notice of the status of his/her positions

•• The MEU shall administer the random programThe MEU shall administer the random program

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POST ACCIDENT TESTINGPOST ACCIDENT TESTING(Drug & Alcohol Policy (Drug & Alcohol Policy –– Section III, A, 1 & 2)Section III, A, 1 & 2)

(Drug & Alcohol Policy (Drug & Alcohol Policy –– Section V, C )Section V, C )

What is an What is an ““accidentaccident””??Any occurrence involving the operation of a City Any occurrence involving the operation of a City owned vehicle or personal vehicle while conducting owned vehicle or personal vehicle while conducting City of Philadelphia business which results in:City of Philadelphia business which results in:

1.1. The loss of human life or bodily injury requiring The loss of human life or bodily injury requiring hospitalization for medical treatmenthospitalization for medical treatment

2.2. Property damage of more than $500.00Property damage of more than $500.003.3. An accident that requires towing of any vehicle An accident that requires towing of any vehicle

oror4.4. A citation for driving under the influenceA citation for driving under the influence

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REASONABLE SUSPICION REASONABLE SUSPICION TESTINGTESTING

(Drug & Alcohol Policy (Drug & Alcohol Policy –– Section V, A )Section V, A )• Reasonable suspicion testing is conducted when two trained

mangers/supervisors have reasonable cause to believe that an employee may be impaired as a result of alcohol or drug use

• The determination is based on specific, currently-observed, detailed observations concerning the appearance, behavior and speech of the employee and must be documented

• There must be at least two observable signs/indicators to justify reasonable suspicion testing

•• If there is corroboration by the second trained manager/supervisIf there is corroboration by the second trained manager/supervisor the or the employee is to be escorted to the employee is to be escorted to the MEU MEU for drug and alcohol testingfor drug and alcohol testing

•• Between the hours of 5 PM and 8:30 AM, and on weekends and holidBetween the hours of 5 PM and 8:30 AM, and on weekends and holidays, ays, testing will be done testing will be done onon--sitesite by an independent companyby an independent company

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TRAINING REQUIREMENTTRAINING REQUIREMENT(Drug & Alcohol Policy (Drug & Alcohol Policy -- Section IV, A)Section IV, A)

Supervisors who are designated to make Supervisors who are designated to make reasonable suspicion determinations, and reasonable suspicion determinations, and Union Representatives who participate in the Union Representatives who participate in the consultation process must undergo at least consultation process must undergo at least four (4) hours of training on alcohol misuse four (4) hours of training on alcohol misuse and use of controlled substances.and use of controlled substances.

The Role of the Union(Drug & Alcohol Policy (Drug & Alcohol Policy -- Section IV, B, )Section IV, B, )

•• Represented employees may consult with and Represented employees may consult with and obtain the assistance of a trained union obtain the assistance of a trained union representative concerning reasonable suspicion representative concerning reasonable suspicion testing, provided such consultation or assistance testing, provided such consultation or assistance does not prevent the employee from being does not prevent the employee from being administered the drug and alcohol tests within a administered the drug and alcohol tests within a timely fashiontimely fashion

•• Any Union representative participating in the Any Union representative participating in the consultation process must be certified through the consultation process must be certified through the training coursetraining course

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RESPONSIBILITY RESPONSIBILITY TO MAKETO MAKE

REASONABLE SUSPICION REASONABLE SUSPICION DETERMINATIONSDETERMINATIONS

•• The The primary concern is safety: primary concern is safety: –– of the employeeof the employee–– other employees other employees –– and the general publicand the general public

•• Any employee under the influence of a prohibited Any employee under the influence of a prohibited substance is an immediate hazard to themselves substance is an immediate hazard to themselves and othersand others

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RETURN TO DUTY &

FOLLOW-UP TESTS(Drug & Alcohol Policy (Drug & Alcohol Policy -- Section V, D)Section V, D)

•• Employees returning to work following a leave of Employees returning to work following a leave of absence under the Drug and Alcohol Policy must absence under the Drug and Alcohol Policy must successfully pass a return to duty drug and alcohol successfully pass a return to duty drug and alcohol testtest

•• The MEU retains the right to do followThe MEU retains the right to do follow--up testing up testing at its discretion during the After Care rehabilitation at its discretion during the After Care rehabilitation period for one (1) yearperiod for one (1) year

DRUG USEWHAT IS PROHIBITED?

What Substances Are Tested ?What Substances Are Tested ?

•• Marijuana Marijuana •• Cocaine Cocaine •• Opiates Opiates morphine & (6morphine & (6--MAM) & codeineMAM) & codeine

•• Phencyclidine (PCP)Phencyclidine (PCP)•• Amphetamines / MethamphetaminesAmphetamines / Methamphetamines•• Ecstasy Ecstasy

EXCEPTION EXCEPTION Permissible Use Prescription Permissible Use Prescription

DrugsDrugs

•• The use of drugs prescribed by a The use of drugs prescribed by a medical practitioner for the employee medical practitioner for the employee or the use of overor the use of over--thethe--counter drugs counter drugs are permissible at the work site are permissible at the work site provided they are used in strict provided they are used in strict accordance with medical and/or label accordance with medical and/or label directivesdirectives

DUTY to REPORT DUTY to REPORT Prescription or OverPrescription or Over--thethe--Counter Counter

DrugsDrugs•• Employees who operate machinery or a motor Employees who operate machinery or a motor

vehicle must not take prescribed or overvehicle must not take prescribed or over--thethe--counter drugs that will impair their functioning counter drugs that will impair their functioning and/or psychomotor skills and/or psychomotor skills

•• Employees must notify their ADA and/or HR Employees must notify their ADA and/or HR Manager of medications that may affect their Manager of medications that may affect their performance and behavior adverselyperformance and behavior adversely

•• The employee is not required to disclose the The employee is not required to disclose the medical reason for which the drug is prescribedmedical reason for which the drug is prescribed

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ALCOHOL USE ALCOHOL USE WHAT IS PROHIBITED?WHAT IS PROHIBITED?

•• While alcohol is a legal substance, the policy While alcohol is a legal substance, the policy identifies prohibited alcoholidentifies prohibited alcohol--related conduct on the related conduct on the job, and delineates specific levels of blood alcohol job, and delineates specific levels of blood alcohol concentration to define concentration to define ““under the influenceunder the influence””

•• The use of alcoholic beverages is prohibited while The use of alcoholic beverages is prohibited while on City premises, during work hours, when driving on City premises, during work hours, when driving CityCity--owned, leased, or personal motor vehicles owned, leased, or personal motor vehicles while conducting City businesswhile conducting City business

•• Includes lunch and break periodsIncludes lunch and break periods

What is What is ““under the influence of under the influence of alcoholalcohol””????

•• Under the Drug & Alcohol Policy a blood Under the Drug & Alcohol Policy a blood /breath alcohol /breath alcohol level of 0.08 % or greaterlevel of 0.08 % or greaterconstitutes being constitutes being ““under the influenceunder the influence”” and is and is a a positive test resultpositive test result..

SECTION IIITesting Procedures

Test Results & Interpretation Consequences

THE TESTING PROCESSTHE TESTING PROCESSThe Role of the The Role of the

Medical Review Officer (MRO)Medical Review Officer (MRO)(Drug & Alcohol Policy (Drug & Alcohol Policy –– Section VII, A) Section VII, A)

•• Serves as the gate keeper for the testing programServes as the gate keeper for the testing program•• Reviews laboratory reported findings for both Reviews laboratory reported findings for both

negative and positive specimensnegative and positive specimens•• If a positive finding is due to legitimate prescribed If a positive finding is due to legitimate prescribed

medication the MRO will report a negative ruling to medication the MRO will report a negative ruling to the department managerthe department manager

•• After reviewing the test results, the MRO dialogs After reviewing the test results, the MRO dialogs with the donor, and reports the test results to the with the donor, and reports the test results to the departmental HR managerdepartmental HR manager

TESTING PROCESS TESTING PROCESS -- DRUGS DRUGS

• Urine Collection• The test is done to detect:test is done to detect:

–– Marijuana, Cocaine, Opiates, Phencyclidine, Amphetamines, Ecstasy

• The specimen testing is conducted at a laboratory specimen testing is conducted at a laboratory that is certified by the U.S. Department of Health & that is certified by the U.S. Department of Health & Human ServicesHuman Services

•• The specimen is split for second confirmatory test The specimen is split for second confirmatory test ––if requested by donorif requested by donor

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TESTING PROCESS TESTING PROCESS --ALCOHOL ALCOHOL

•• Evidential Breath TestingEvidential Breath Testing–– Performed by a certified Breath Alcohol Performed by a certified Breath Alcohol

TechnicianTechnician

•• Blood Alcohol Concentration LevelsBlood Alcohol Concentration Levels–– 0.08% and Greater0.08% and Greater –– Positive Test ResultPositive Test Result–– 0.04 to 0.079% 0.04 to 0.079% –– Positive (Safety Sensitive Positive (Safety Sensitive

Positions)Positions)–– 0.00 to 0.039% 0.00 to 0.039% –– Negative Test ResultNegative Test Result

REFUSAL TO BE TESTED

• If an employee refuses to be tested the outcome will be the same as a positive test result.

• The employee will be required to comply with all procedural requirements of a positive test result before returning to work.

THE TESTING PROCESSTHE TESTING PROCESSClassification of TimeClassification of Time(Drug & Alcohol Policy (Drug & Alcohol Policy –– Section VII, B, 1 )Section VII, B, 1 )

• The employee will be carried in paid status during the testing process until such time as the impairment is confirmed or the employee is returned to duty

TEST RESULTS TEST RESULTS NEGATIVENEGATIVE

(Drug and Alcohol Policy - Section VII, B, 2 )

• If the test result is negative the MRO will inform the HR office

• The employee will be returned to full duty status and all references to this issue will be expunged from all departmental and the Office of Human Resources files.

• The time used will be classified as “E” time

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TEST RESULTSTEST RESULTSPOSITIVEPOSITIVE

(Drug and Alcohol Policy - Section VII, B, 3 )

•• The Medical Review Officer (MRO) will review The Medical Review Officer (MRO) will review all positive test results to see if there is an all positive test results to see if there is an alternative explanationalternative explanation

•• Provides opportunity for donor to discuss with Provides opportunity for donor to discuss with the MRO the laboratory positive, adulterated, or the MRO the laboratory positive, adulterated, or substituted findings prior to issuing a rulingsubstituted findings prior to issuing a ruling

•• Issues written notification of a positive result to Issues written notification of a positive result to employee employee

•• Donor has 72 hours to request the split Donor has 72 hours to request the split specimen be tested, at the donorspecimen be tested, at the donor’’s expense. s expense. –– If result is negative the donor is reimbursed If result is negative the donor is reimbursed

the costthe cost

TEST RESULTS INTERPRETATION BY

MEDICAL REVIEW OFFICER (MRO)

If the MRO determines there is a If the MRO determines there is a legitimate medical explanation legitimate medical explanation for the for the positive test result, the MRO will inform the positive test result, the MRO will inform the HR/ADA Officer that the HR/ADA Officer that the test istest is negativenegative..

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TEST RESULTS TEST RESULTS POSITIVEPOSITIVE

Procedure to Seek TreatmentProcedure to Seek Treatment•• Employees seeking treatment must sign a Employees seeking treatment must sign a Substance Substance

Abuse AgreementAbuse Agreement agreeing to: agreeing to: –– seek treatment and comply with prescribed treatment plan seek treatment and comply with prescribed treatment plan

as a requirement for reinstatement by the MEUas a requirement for reinstatement by the MEU

–– undergo periodic drug screens, including return to work undergo periodic drug screens, including return to work drug testsdrug tests

–– Completion of the Completion of the Substance Abuse AgreementSubstance Abuse Agreement and and compliance with the treatment plan is a prerequisite to be compliance with the treatment plan is a prerequisite to be considered for reinstatement by the MEU considered for reinstatement by the MEU

–– All information on an employee undergoing treatment All information on an employee undergoing treatment shall be strictly confidentialshall be strictly confidential

TEST RESULTS TEST RESULTS POSITIVEPOSITIVE

Medical Leave of AbsenceMedical Leave of Absence• An employee seeking treatment may take leave

under FMLA, if eligible, or may request a medical leave of absence under Civil Service Regulation 22, or may use accrued time

• Employees eligible for FMLA will have their absence charged against their FMLA leave entitlement

• Employees not eligible for FMLA will have their leave request approved on a case by case basis. Except in exceptional circumstances, first time requests for treatment will be approved

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TEST RESULTS TEST RESULTS POSITIVE POSITIVE

Return to WorkReturn to Work•• If the MRO approves the employee as fit to return, the If the MRO approves the employee as fit to return, the

employee must sign an employee must sign an After Care ContractAfter Care Contract agreeing to:agreeing to:–– attend counseling meetingsattend counseling meetings–– submit to a program of followsubmit to a program of follow--up testing that may include up testing that may include

random testingrandom testing–– remain totally drug and alcohol free.remain totally drug and alcohol free.

•• The City will attempt to accommodate an employee during The City will attempt to accommodate an employee during rehabilitation following their return to work within the rehabilitation following their return to work within the operational requirements of the department and in accordance operational requirements of the department and in accordance with ADA and FMLA lawswith ADA and FMLA laws

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AFTER CARE CONTRACT AFTER CARE CONTRACT Refusal To SignRefusal To Sign

(Drug & Alcohol Policy (Drug & Alcohol Policy –– Appendix IV)Appendix IV)

•• An employee returning to work after he/she is approved by An employee returning to work after he/she is approved by the MEU to return to work will be the MEU to return to work will be required to signrequired to sign an an After Care ContractAfter Care Contract

•• Refusal to sign the After Care Agreement may result in an Refusal to sign the After Care Agreement may result in an employee being placed on employee being placed on nonnon--pay statuspay status until the until the contract is signedcontract is signed

•• If employee still has not signed the After Care Contract If employee still has not signed the After Care Contract thirty days following his/her test results report he/she will thirty days following his/her test results report he/she will be separated from City employmentbe separated from City employment

SECTION IVEmployee Assistance

Programs(EAP)

EMPLOYEE ASSISTANCE PROGRAMS

(EAP) The City of Philadelphia encourages employees with substance abuse problems to obtain assistance and appropriate treatment to help resolve these problems.

All records related to the employee’s use of an Employee Assistance Program (EAP) will be maintained with the strictest confidentiality in accordance with medical, legal and ethical standards.

EMPLOYEE ASSISTANCE PROGRAM

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D.C. 33 members have counseling and referral services available through their health care provider.

EMPLOYEE ASSISTANCE PROGRAM

District Council 47All D.C. 47 members have counseling and referral services currently available through the Union’s Health and Welfare Fund for behavioral services, psychological and addictive counseling services.

The Union’s EAP provider: Preferential Care Network (PCN) 800-366-0129. You may also access information on the internet by going to www.DC47AFSCME.org. Click on “Health and Welfare”, click on “Member Assistance”, click on “EAP”.

Mental Health Care is also provided through District Council 47 health care providers.

EMPLOYEE ASSISTANCE PROGRAM

Alcoholics Anonymous215-923-7900 Toll Free 1-877-9-Dial AA Web Site www.sepennaa.org to find a location or meeting convenient to you.

ADDITIONAL INFORMATION

For additional information and/or assistance contact the For additional information and/or assistance contact the Department of Health, HR Office: Department of Health, HR Office:

–– Karla HillKarla Hill, HR Manager: 685, HR Manager: 685--5208 5208 –– Doua XiongDoua Xiong, Health & , Health & Opportunity Safety

Administrator: 685-5680– Terrance Adkinson, Safety Manager: 685-5205

To obtain a copy of the Drug & Alcohol PolicyPolicy go to: go to: ww.phila.gov/personnel and click on click on EEO/AA UnitEEO/AA Unit..