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HomeMy WebLinkAboutCC Reso No 1992-13RESOLUTION NO. 92-13 RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING THE ENII'LOYEE ASSISTANCE PROGRAM WHEREAS, the City of Lake Elsinore recognizes that it must provide analcohol/drug- free work environment to retain valued employees, promote high-quality performance, and ensure the safety of the public and its workforce; and WHEREAS, substance abuse problems become a justifiable concern of the City when any of these problems affects the employee's performance or attendance, jeopazdizes the safety of any employee, or results in an increased risk or liability to the City; and WHEREAS, the City desires to provide a systematic approach for the early identification, referral, and treatment of the employee whose job performance is deteriorating; and WHEREAS, the City will identify disciplinary and/or administrative actions necessary to ensure the implementation of the goal to provide adrug-free work environment; and WHEREAS, the City desires to provide specific guidelines for City of Lake Elsinore employees and management as to the purpose and intent of the Employee Assistance Program. NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby .RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION I. That this City Council does hereby adopt the resolution recommending the implementation of the Employee Assistance Program, incorporated herein as Attachment "A". SECTION 2. That this City Council does order that athirty-day written notice be given to all City employees as required by law prior to the established enforcement date. PASSED, APPROVED AND ADOPTED this 25th day of February 1992, by the following vote: AYES: COUNCILMEMBERS: BUCK, DO^1IN~UEZ, STARKEY, WINKLER, I~IASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: VICKI LYNN'. KASAD, CITY CLERK CTTY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER ITY ATTORNEY ~~ ~~~ ~SHBURN, MAYOR LAKE ELSINORE -2- CITY OF LAKE ELSIN~JRE EMPLOYEE ASSISTANCE PROGRAM SECTION I. PURPOSE: The City recognizes that it must provide analcohol/drug-free work environment to retain valued employees, promote high-quality performance, and ensure the safety of the public and its workforce. Substance abuse problems become a justifiable concern of the City when any of these problems affects the employee's job performance or attendance, jeopardizes the safety of any employee, or results in an increased risk or liability to the City. The purpose of this document is to provide specific guidelines for City employees and management as to: 1. Provide a systematic approach for the early identification, referral, and treatment of the employee whose job performance is deteriorating. 2. Standardized job performance appraisals related to known job performance indicators. 3. Referral of employees to the appropriate sources of assistance. 4. Identify disciplinary and/or administrative actions necessary to ensure the implementation of the goal to provide adrug-free work environment. DEFINITIONS: Refer to Exhibit "A". Said definitions are applicable to all sections of this Policy. SECTION II. POLICY STATEMENT: 1. Employees shall not possess, use or be under the influence of illegal drugs, nazcotics, controlled substances (as defined by Slate Law), intoxicants, or medications (prescribed or not) while on City property or City-operated property (including parking lots) which reduces their performance effectiveness or jeopazdizes the safety of any employee, or results in an increased risk or liability to the City while: A. On Duty. B. Subject to Duty. C. Reporting for work. D. Off duty, but on any City property or equipment or in a City uniform. 2. Department Heads and Supervisors at all levels in the City will be held accountable for consistent enforcement of the policy. The City realizes it is not a supervisor's role to determine whether or not an employee's deteriorating job performance is caused by a particulaz personal problem or a number of factors. Diagnosis and treatment are the responsibility of the designated treatment source. The City does not anticipate nor does it desire to become involved in the professional treatment of any such illness. 3. Confidentiality is to be maintained with regard to the employee's substance abuse problem if the employee reveals it to an employer representative and verbally relates such information only to those who have an absolute need-to-know. All information regarding the employee's involvement in the EAP shall be treated in accordance with Federal and State Laws regazding medical/psychiatric information. Every effort will be made to maintain confidentiality of disclosure, procedure, and results. All levels of City management will receive appropriate briefing, and supervisors will receive specific training. 4. Employee responsibility is primary in his/her job performance and bears taking whatever action or treatment is necessary to maintain such performance. Because chemical dependency and other emotional problems are considered to be treatable conditions, employees whose job performance becomes substandard due to such problems will not be exempted from their personal obligation to seek help or from their responsibility to satisfactorily perform their job duties. 5. The City acknowledges that not all job performance and attendance problems are the result of personal problems, alcohol, and/or chemical dependency. Only in such instances when the supervisor feels that the cause of work performance problems is due to substance abuse will follow-up actions pursuant to the EAP be made. 6. Rehabilitation of individual employees from use of alcohol, illegal drugs, or a controlled substance is of primary concern to the City. The City encourages employees who aze users to identify and individually detect their problems; and to enter a rehabilitation program. A. The City will allow employees one leave of absence to enter a rehabilitation program IF THEY IDENTIFY THEMSELVES BEFORE CITY DETECTION OF THE PROBLEM, and IF THEY AGREE TO PROVIDE PROOF OF CONTINUED SUCCESS IN REMAINING DRUG AND/OR ALCOHOL FREE FOR A PERIOD OF ONE (1) -2- YEAR AFTER COMPLETION OF THIS INITIAL REHABILITATION PROGRAM. B. The employee will utilize sick leave and vacation time for the treatment time required. The length of the leave of absence will be determined by the City Manager or his designee who may consider granting leave without pay. Each case will be treated as a separated circumstance according to the severity of chemical dependency, the extent of treatment recommended, and the City's workforce requirements. 7. Medical information obtained by exam or inquiry must be kept confidential except that (i) supervisors and managers may be informed regarding necessary restrictions and required accommodation; (ii) safety personnel may informed as .necessary; (iii) government invesfigators investigating compliance with these laws may be informed; and (iv) any legally recognized employee representative. SECTION III. PROCEDURES: 1. Self-Referral: Employees in need of personal counseling aze encourage to contact an EAP representative and/or a designated assistance facility. Steps for employee self-referral are outlined in Section II., 6., A. and B. 2. In those instances where self-referral is not exercised, substance abuse incidents .will be handled by City supervisory staff using the following guidelines: A. The supervisor recognizes a job performance deterioration. B. The supervisor identifies and documents the signs of the performance problem through the use of a standazd form. The referral must be based on the employee's declining work performance and/or a documented, specific, on-the job incident indicating a possible presence of a substance problem. C. The supervisor should discuss the declining work performance with the employee and continue to monitor the employee's work behavior. D. If the employee exhibits behavior at any time that is highly disruptive or is endangering his/her own safety or the safety of others, the supervisor may initiate disciplinary or termination procedures as deemed necessazy. E. The supervisor will assess the specific situation and recommend the appropriated action, either: (i) referral to a treatment center, (ii) suspension and/or disciplinary measures, or (iii) termination. -3- SECTION IV. ENFORCEMENT It is the City's intent to enforce the alcohol/drug-free work environment policy. Enforcement will commence thirty days after all City employees are ncsfied. 1. Enforcement procedures aze outlined as follows: A. An employee shall be subject to disciplinary or termination measures if: i. The employee is under the influence of a Controlled Substance. - ii. An employee refuses to submit to an urinalysis test after request by the employee's supervisor and upon that supervisor's reasonable suspicion of the employee being under the influence of a Controlled Substance. iii. If the employee is a danger to his/her own safety or the safety of others or is gravely disabled. B. The employee may be restricted from performing the assigned duties pending further medical evaluation; however, continued unacceptable job performance may result in further disciplinary action which could include termination of employment. C. Supervisors MAY direct an employee to take a Controlled Substance test if the supervisor has reasonable cause to believe the employee is under the influence of a Controlled Substance. 2. An employee will be required to notify his/her supervisor when taking any medication which might alter t$e safe and effective performance of duties or operation of City equipment. This notice will be given to the supervisor on the __ first day of prescription usage. 3. If an employee is directed to take a Controlled Substance test and the test results are positive, the employee must provide within twenty-four (24) hours of request, a current valid prescription issued in the employee's name. Additional flme may be extended for a valid reason as determined by the supervisor. SECTION V. TESTING PROCEDURES: The City will utilize only reputable laboratories to conduct the initial testing when required. Positive test results will be substantiated by a second independent method of testing. -4- Positive test samples will be retained by the laboratory for a minimum of six (6) months. The sample may be released to another comparably accredited laboratory for further testing at the employee's expense, provided that the request is made within two (2) weeks of the report of positive findings. 1. Management Responsibilities: A. The supervisor at the immediate level above the employee MAY require any employee submit to a Controlled Substance test upon reasonable belief the employee is under the influence of a Controlled Substance or after an employee is involved in any event, altercation, or accident as described below: i. A fatal accident. ii. Any accident where an individual is struck by a City vehicle. iii. Any collision involving the operator of a City vehicle except when clearly evident that the operator of the City vehicle is not at fault. iv. When medical treatment is required for injuries caused by negligence and the injured employee is transported by ambulance to a hospital, both the injured employee and the employee who caused the accident may be tested. B. Actions to be Taken After Incidents or Accidents: i. As necessary, the employee(s) should be transported immediately to the nearest medical facility to be given medical attention. The employee(s) will be given a Controlled Substance test at this time. ii. The employee(s) may be placed on suspension until the test results are known. C. Actions to be Taken if Results are Positive: i. Any employee with any positive results of a substance abuse test will be subject to dismissal proceedings. SECTION VI. STANDARDS FOR DISMISSAL PROCEEDINGS: When the result of a Controlled Substance test is positive, the following standards shall apply: -5- Prescriptive Drugs: The employee will be required to submit proof of the prescription within forty-eight (48) hours of request to do so. Failure to do so may result in dismissal proceedings. Time may be extended for a valid reason. 2. All Controlled Substances other than prescription drugs may be subject to dismissal proceedings upon the first positive test. -6- DEFINITIONS 1. EMPLOYEE ASSISTANCE PROGRAM (EAP): A program designed to regulate substance abuse in the workplace through the use of a systematic approach for the early identification, referral, and treatment of the employee whose job performance is deteriorating and/or whose actions may endanger his/her safety or the safety of others. 2. NARCOTICS: Any illegal drug and/or controlled substance. 3. MEDICATION: Any substance (prescribed or not) which affects an employee's alertness and responses. 4. CONTROLLED SUBSTANCE: Any drug that is defined as illegal by State Law and/or requires a medical prescription. 5. CHEMICAL DEPENDENCY: Any drug that is defined as illegal by State Law and/or requires a medical prescription. 6. REHABILITATION PROGRAM: A facility operated by trained, qualified individuals whose focus is to provide appropriate treatment to enable the individual to resume normal activity in all aspects of life. 7. EMPLOYEE ASSISTANCE REPRESENTATIVE: An individual designated by the City Manager who will act as confidential liaison in providing employee referral information. 8. DESIGNATED ASSISTANCE FACILITY: Facilities which are equipped to offer intensive individualized and/or group rehabilitation therapy as selected by the employee or as referred by the City. EXHIBIT "A" STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of February, 1992, and that it was so adopted by the following vote:.. AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE K~AD, CITY CLERK CITY OF LAKE SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 92-13 of said Council, and that the same has not been amended or repealed. DA ED: February 26, 1992 ~-~.yC~- VICKI LYNNE K AD, CITY CLERK CITY OF LAKE SINORE (SEAL)