DISCLAIMER   ALL EMPLOYEES OF THE CITY OF BEAUFORT ARE EMPLOYED AT-WILL AND MAY QUIT OR BE TERMINATED AT ANY TIME AND FOR ANY REASON. NOTHING IN ANY OF THE CITY OF BEAUFORT‘S RULES, POLICIES, HANDBOOKS, PROCEDURES OR OTHER DOCUMENTS RELATING TO EMPLOYMENT CREATES ANY EXPRESS OR IMPLIED CONTRACT OF EMPLOYMENT. NO PAST PRACTICES OR PROCEDURES , WHETHER ORAL OR WRITTEN, FORM ANY EXPRESS OR IMPLIED AGREEMENT TO CONTINUE SUCH PRACTICES OR PROCEDURES. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE LIMITATIONS SET FORTH IN THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT UNLESS: 1) THE TERMS ARE PUT IN WRITING, 2) THE DOCUMENT IS LABELED “CONTRACT,” 3) THE DOCUMENT STATES THE DURATION OF EMPLOYMENT, AND 4) THE DOCUMENT IS SIGNED BY THE CITY MANAGER.

CHAPTER XIV– SUBSTANCE ABUSE POLICY The City of Beaufort is concerned about the effects of illegal drug use and alcohol abuse upon the health and safety of all employees and the public we serve.  We recognize that the abuse of drugs and alcohol results in increased accidents and medical claims and can lead to the destruction of an employee’s health and adversely affect his family life.  Employees who abuse drugs and alcohol are not only a danger to themselves, but to their fellow employees as well.  Productivity is adversely affected by increased absenteeism and turnover.  In light of these concerns, and changes in federal regulations, and the Drug Free Workplace Act, the City of Beaufort intends to maintain a workplace free of the problems associated with the abuse of alcohol and drugs. This policy applies to all City employees.  It includes a special section covering Police and Fire Department employees and special highlighted text covering Federal Highway Administration (FHWA) regulated employees.  The U.S. Department of Transportation regulations which require that (FHWA) regulated employers implement anti-drug and alcohol testing programs for DOT- regulated City employees are as follows:

49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Programs.  These regulations apply to all employers conducting DOT drug testing of urine specimens and alcohol testing of breath samples.  Part 40, specifies how urine samples are to be collected, the chain of custody to be used, prohibited drugs and testing thresholds, types of laboratory tests to be performed and qualifications and functions of testing laboratories and medical review officers.  Additionally these rules spell out the procedures to be used in conducting alcohol breath testing, certification of the Breath Alcohol Technician (BAT), types of certified instruments that may be used in testing, handling difficult situations in breath testing and training requirements for employees covered by the rules 49 CFR Part 382 covering those individuals with Commercial Drivers Licenses who operate vehicles over 26,000 lbs., any size vehicle requiring “hazardous” placarding and those vehicles carrying sixteen (16) or more passengers, including the driver. All employees are strongly encouraged to voluntarily seek professional help before any alcohol or drug problems are detected and thus, before disciplinary actions, as specified in this policy, are necessary.  Beyond disciplinary action, the employee will also be encouraged to seek professional help.  While the City reserves the right to terminate any employee who violates this policy, the employee may be referred to a professional for assistance.  DOT regulatory requirements require that all covered employees who violate the DOT prohibited conducts outlined in this policy be referred to a Substance Abuse Professional, in addition to any City authorized discipline.  DOT regulatory requirements do not prohibit the City from taking any other job action deemed appropriate by management. Employees receiving assistance, will be expected to abide by all other City policies including expected levels of performance.  If not terminated, the City may provide for an initial assessment and evaluation of employees who test positive under this policy.  However, the cost of any necessary treatment or rehabilitation is the employee’s responsibility except where coverage for these expenses may be provided for eligible employees under the provisions of the City’s benefit plan. The City of Beaufort’s Substance Abuse Policy is intended to exceed the requirements of the DOT regulations while fully complying with those regulations.  This policy is NOT a CONTRACT. [Conventions: regular print applies to covered employees. Bold italic applies only to DOT regulated positions.]

1       Scope and Application General All employees of the City of Beaufort are prohibited from possessing, ingesting, inhaling, injecting, selling, distributing, or using, in any fashion, any illegal drugs or prescription drugs NOT prescribed for the employee.  This prohibition applies to use or involvement at any time, both on-the-job and off-the-job.  City employees are permitted to possess any substance when required by their jobs or for the lawful delivery to another person. Employees are also prohibited from possessing, consuming, distributing or manufacturing alcoholic beverages on any City property, including City vehicles, while performing City duties.  Employees may possess alcohol on City property when required by their job or for the purpose of lawful delivery to another person.  Exceptions to the alcohol consumption prohibition may be granted by the City Manager for specific City approved social functions.  Regardless of City approval, alcohol is NOT to be consumed in violation of the DOT rules by covered employees.  Alcohol may not be transported in any DOT commercially licensed vehicle, except as manifested cargo.

Specific Application “Safety Sensitive”:  the City has designated those positions in Section 10 of this policy as safety sensitive.  “City property” includes the following: A       Property controlled by the City including vehicles used in performing city work B       Buildings where City work is being developed, conducted, evaluated, or inspected C       Leased space, City-owned vehicles or personal vehicles used for City business D       Customer premises and customer vehicles where a City employee is working/performing services E        Parking lots or the grounds adjacent to any of the above

DOT has designated that the following safety-sensitive activities make a person subject to DOT testing: A       Any individual who holds a commercial drivers license (CDL) or learners permit for such license AND IS B       Driving a vehicle with a gross vehicular weight 26,001 lb. or more; including towed units with a gross vehicle weight of more than 10,000 lbs.; C       Driving any size vehicle which carries hazardous material and requires hazardous placarding; D      Driving any vehicle designed or licensed to carry sixteen (16) passengers or more, including the driver.   See Section 10 for a specific listing of DOT covered positions for the City of Beaufort.

Types of Testing: This substance abuse testing policy covers all personnel employed by the City, whether full-time, part-time, or temporary, for the purpose of testing under the following conditions: Pre-employment testing Post-accident testing Reasonable suspicion testing Return-to-duty testing Follow-up testing Those employees whose duties are considered to be safety sensitive (such that the condition or action of an individual affected by alcohol or drugs could result in significant harm or death to another employee, themselves, or the public at large) or are covered under the above DOT regulations are also subject to the following forms of testing: Random testing Pre-assignment/promotion testing (police / fire only)

2       Specific Provisions City Prohibited Conduct The possession, use, transfer, or sale of alcohol, illegal drugs, or prescription drugs without a valid prescription ON City property/business by any employee is specifically prohibited and may result in discipline up to and including termination of employment.  City employees are permitted to possess any substance when required by their jobs or for the lawful delivery to another person.  Possession of illegal drugs OFF City property may also result in disciplinary action, including termination and/or a reasonable suspicion drug test.  The City adopts, for all employees, the DOT prohibited conduct below for addressing alcohol in the workplace.

DOT Prohibited Conduct A       DOT prohibits alcohol and drug misuse by “covered” employees.  The City of Beaufort adopts these same prohibited conducts for all employees who perform any safety sensitive job.  These prohibitions include but are not limited to: B       No use of alcohol for four (4) hours prior to duty; C       No use of alcohol while on duty; D      No use of alcohol after an accident for at least eight (8) hours or until the employee has been tested; E       No use of controlled substances, except as prescribed by a licensed physician with knowledge of the employee’s safety-sensitive job function; F       On a DOT alcohol test, no result can be greater than a 0.04; [NOTE: Any concentration of alcohol may result in discipline under City policy.] G      On a DOT drug test, no confirmed positive test results; and H      Refusal to participate in a DOT alcohol or drug test which includes the following: 1        Failure to show up for a test or remain at the test facility; 2        Failure to sign required forms or authorizations for a test; 3        Failure to cooperate with or disrupt the testing process; or 4        Failure to provide proper quantity or type specimen within required time limit. If an individual receives an alcohol result greater than 0.02 but less than 0.04, under FHWA they must not perform covered duties for 24 hours.

Substances Covered in Testing Urine specimens collected under the City’s authority will be checked for at least the following five drugs or their metabolites:  Amphetamines, Cocaine (including Crack), Marijuana, Opiates, Phencyclidine (PCP).  Breath, saliva or blood specimens may be tested for alcohol.  Under specific circumstances, the program administrator may authorize testing for additional substances as necessary.  DOT testing will comply with the type, quantity and procedures required for DOT testing.

Special Drug and Alcohol Searches When there is reason to believe that an employee is in possession of alcohol or drugs which are prohibited under the City’s policy, the employee(s) may be required, as a condition of continued employment, apart from the DOT regulations, to submit to a reasonable search of their personal lockers, purses, lunchboxes or other containers, desks, or personal vehicles, while on City property, including being asked to empty their pockets.  Employees are NOT to bring personal property on City premises if they do not want it subject to searches.

Working Under the Influence Reporting for duty or working while under the influence of any alcohol or other drugs, whether legal or illegal, that may adversely affect the ability of the employee to safely or effectively perform the duties of his position, is not permitted.  No employee shall ingest any prescribed or over the counter medication in amounts beyond the recommended dosage.  It is the employee’s responsibility to notify his supervisor immediately upon arrival to work of any legal drug or alcohol use, which may adversely affect his ability to perform job duties.  “Under the influence: is defined as any detectable amount of alcohol or controlled drugs.  DOT regulated employees must disqualify themselves if called in to duty and they have consumed alcohol, in any form, within four (4) hours.

Legal/Prescription Drugs: Employees using prescription drugs, according to a physician’s instructions, or using over-the-counter drugs for medicinal purposes, MUST, in the event such drugs could impair their physical, mental, emotional, or other abilities or faculties, notify their supervisor immediately upon entering the work area.  Failure to do so may be considered a violation of this policy and may result in disciplinary action up to and including termination of employment.

3       Testing Provisions Pre-employment/Pre-assignment Drug Testing All applicants selected for employment and contract employees assigned to a DOT covered function will be required to undergo a federally regulated drug screening test paid for by the City before assignment to any covered duties.  The City’s pre-employment drug testing requirement and the alcohol/drug testing policy for employees will be explained at the time of job offer.  No person may begin work in a City job until satisfactory results from the drug testing have been received by the Substance Abuse Policy Administrator. Employment will be denied to any selected applicant whose drug test reveals the presence of illegal drugs or prescription drugs unless properly prescribed.  Employment will also be denied if it is determined that the applicant has tampered with the specimen.  All applicants who are hired will be subject to alcohol/drug testing, at City expense, during their employment with the City. A negative alcohol/drug test result does not guarantee an applicant employment. Post-Accident/Near Accident All employees involved in on-the-job accidents, will be tested for alcohol and drugs as soon as possible following such accidents.  Accidents are defined as follows: “Accident” under City authority is any incident which results in any of the following A       Damage to any property in excess of $1,000.00 as determined by management. B       Personal injury to any individual necessitating medical treatment beyond on-site first aid by existing staff or medical personnel. C       Any accident involving a fatality.

All accidents involving commercial vehicles will require the CDL driver to be tested as soon as possible following such accidents. DOT regulations define accidents as follows:

“Accident” under FHWA which requires alcohol and drug testing is defined as a motor vehicle accident involving the commercial vehicle in which any of the following occurs:         There is a fatality         Any vehicle involved in the accident is damaged beyond operation and must be  towed from the scene AND the CDL is cited for a violation, or         Any individual involved in the accident is injured enough to require seeking medical attention away from the scene AND the CDL holder is cited for a violation or as contributing to the cause of the accident on the State of South Carolina Uniform Traffic Collision Report.

A decision NOT to test must be made by the City Manager and the supervisor, depending on the factors of the accident.  The employee must make himself available for testing as soon as possible following the accident or any emergency treatment received.  Individuals who leave the scene of an accident and who do not make their supervisor aware of the accident and how to reach them for testing purposes will be subject to disciplinary action and considered to have refused testing.  Testing for alcohol and drugs should be initiated within two hours of the event and in all cases the tests should be accomplished within thirty-two (32) hours for drugs and eight (8) hours for alcohol testing.  Testing not completed within these timeframes shall no longer be pursued.

Reasonable Suspicion/Cause If management has reason to believe (particular suspicion) that an employee is a user of an illegal substance or appears to be under the influence of drugs or alcohol, the employee may be subject to alcohol/drug testing.  An employee is reasonably suspected of using a prohibited drug when at least one Supervisor or Manager can substantiate specific behavioral and/or performance indicators of probable alcohol/drug use.  Typical examples of factors which could lead to reasonable cause alcohol/drug testing include but are not limited to: A       Excessive absenteeism or tardiness B       Unexplained significant deterioration of job performance C       Significant change in personality, abusive behavior, insolence, insubordination D       Reliable reports from other persons E        Unexplained absences from normal work sites F        Unusual behavior which cannot be readily explained, i.e., changes in appearance and demeanor G       Difficulty in motor coordination H       Discovery of evidence of drug use (paraphernalia or odor) in the employee’s immediate vicinity I          Repeated errors on the job J         Regulatory or rule violations K      Arrest or conviction of an alcohol/drug related offense

(All DOT authorized reasonable suspicion alcohol tests MUST have at least one (1) contemporaneous physical symptom and can only be conducted immediately prior to, during, or immediately following the provision of safety-sensitive duties by the suspected employee.) The decision to test should be based upon specific, behavioral and/or performance indicators of probable alcohol/drug use.  All testing should be reviewed with the Human Resources Manager and/or City Manager PRIOR to testing except where to do so would inappropriately delay testing due to unavailability of the Human Resources Manager and/or City Manager.  Alcohol testing under DOT rules requires only one (1) trained supervisor’s judgment.  An alcohol test cannot be delayed.

Random Employees holding safety-sensitive positions with the City (see section 10) will be randomly selected for unannounced alcohol/drug testing through a system using a scientifically/statistically and legally valid number generation process.  A list of names and corresponding numbers will be maintained by the third party administrator of the City’s drug testing program which will, at random, select the employees for testing regularly. An employee could be selected for testing more than once a year.  DOT covered employees of the City will be pooled separately for random selection purposes.  Random testing of covered employees will be at a rate of 50% per year as required for drug testing and 25% per year for alcohol with the understanding that the rate may change year to year depending upon “industry experience.”  Safety sensitive personnel may be pooled together, but must be separate from DOT covered employees.  Employees selected for testing will be notified on the day they are to be tested, just prior to being sent for testing.  There is no advance notice of random testing.

4       Consequences Return to Duty Failure to provide a negative return-to-duty test result when authorized to return-to-duty by the SAP may result in termination from employment.  The City shall be responsible for the cost of only one (1) return-to-duty drug test.  The employee shall be responsible for the cost of any unacceptable return-to-duty drug test (including still positive, failed integrity or insufficient quantity/quality tests).

Unannounced Follow-Up City employees who return to work following completion of an approved rehabilitation program will be subject to unannounced follow-up alcohol/drug testing, at any time, for a period of at least twelve (12) months but not to exceed sixty (60) months.  DOT covered employees must receive a minimum of six (6) follow-up tests in the twelve months following a violation and are subject to such follow-up testing for up to sixty (60) months.  The Substance Abuse Professional or the Medical Review Officer shall establish the frequency and type of testing to be conducted on a follow-up basis.

Refusal to Test Refusal by a City employee to submit to a drug or alcohol test, when requested to do so under the terms of this policy, will be considered the same as a confirmed positive test result and will be grounds for disciplinary action up to and including termination of employment.  DOT covered employees who refuse to participate in a random, post accident, reasonable suspicion or follow-up test will be considered to have violated the prohibited conducts and shall be referred to a Substance Abuse Professional as well as suffer any disciplinary action carried out under City Authority.

Tampering: Tampering with, altering, or contaminating a specimen in any manner constitutes grounds for disciplinary action up to and including termination from employment. Consequences of Violating this policy may result in discipline up to and including discharge. A       Sworn police officers found in violation of this policy are subject to termination. B       Probationary employees are subject to termination if found in violation of this policy. C       For all other employees, the City may impose discipline up to and including discharge for an employee who is found to be in violation of this policy. 1        The City, in lieu of terminating an employee, may condition the continued or future employment of an employee who tests positive for or admits to the use of illegal drugs, upon the successful completion of a drug counseling/rehabilitation program. 2        If the City, after considering all of the relevant circumstances, agrees to allow an employee who is found to be in violation of this policy to continue as a City employee, the City will do the following: a)      Refer the employee for drug abuse counseling b)      Retest the employee for controlled substances before allowing the employee to return to duty c)      Require the employee to authorize the Employee Assistance Program or other facility to report periodically to the City during the course of treatment/counseling d)      Place the employee on probation for at least six months following the employee’s return to duty; and e)      Require the employee to submit to unannounced follow-up drug testing for a period not to exceed five years. D       Should an employee, whose continued or future employment is conditioned upon the successful completion of a counseling or rehabilitation program, refuse or fail to participate in a single counseling or treatment session, the employee may be terminated. E        An employee whose return to duty test sample does not indicate that the employee has discontinued use of illegal drugs may be terminated. F        Sections C – E of this policy also apply to non-DOT employees who have an alcohol reading above 0.04 on any alcohol test for the City. DOT covered employees are ineligible to perform covered functions until assessed by the SAP. G       Non-DOT employees who have an alcohol reading at or above 0.02 but below 0.04 will temporarily be removed from performing any safety sensitive duties whether regulated or not and will not be allowed to return to any form of City duties until his reading is below a 0.02 level. DOT/FHWA regulated employees will be subject to automatic 24 hour suspension and must provide a test reading below 0.02 before return to CDL duties. H       After satisfying the temporary suspension requirements from a previous positive alcohol test result and/or an alcohol test result reading at or above 0.02 but below 0.04, employees who have an alcohol test reading at or above 0.02 but below 0.04 will be considered to have the same consequences of a first alcohol test at or above the 0.04 level.

Coming Forward with Substance Abuse Problems A       All employees (other than sworn police officers) who have substance abuse problems and report them to the City before being selected for testing, and before the occurrence of an event which normally would result in testing, normally will not be disciplined upon the first violation but will be subject to Part 4 (C)(2) of this policy. B       If an employee admits to a violation of this policy or tests positive for drugs in violation of this policy, but seeks counseling and remains an employee of the City, the employee will be discharged if he again either admits to a violation of this policy or tests positive for drugs in violation of this policy.

Appeal of Positive Test Results Covered employees may appeal a positive drug test result by requesting, of the MRO, a retest of the original specimen or, for DOT covered positions, its split, within 72 hours of notification of a verified positive drug test.  All appeal testing is at the employee’s expense and must be paid for and all forms signed within 5 days of the notification of the positive test.  There is no appeal testing for an alcohol breath test conducted by an approved Breath Alcohol Technician using an Evidentiary Breath Testing (EBT) device.

Substance Abuse Professional (SAP) Evaluation Employees who test positive on a required alcohol or drug test, beyond pre-employment testing, and are provided the option to sign a Last Chance Agreement and seek professional help must see the City approved Substance Abuse Professional.  (Substance Abuse Professional means a licensed physician, or a licensed or certified psychologist social worker, employee assistance professional or substance abuse counselor, with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drugs.)  Regardless of whether the City terminates employment, the DOT covered employee will be referred to a SAP and must complete an assessment and the treatment required before being eligible to engage in covered duties performed at the time of the positive alcohol/drug test.  All treatment or professional services are at the employee’s expense. Employees allowed to keep their jobs and receive assistance must abide by the conditions of the “Assistance Agreement and Last Chance Provision.” Provided the employee cooperates with the recommendation of the Professional, the employee may be eligible for pay in accordance with the City’s sick leave and/or vacation policy.

5       Administration & Medical Review Substance Abuse Policy Administrator The duties of record keeping, administering, and overseeing the City’s Substance Abuse Program are carried out by the City’s Substance Abuse Policy Administrator (Administrator), or designee.  The Administrator will work closely with the City’s management and the Medical Review Officer to ensure that all elements of the Substance Abuse Program are followed as they pertain to employee testing, training, record keeping, and reporting. The Administrator is the DOT contact on matters pertaining to this Substance Abuse Program and is highly knowledgeable on the contents of the Program and the City’s policies and procedures as they pertain to employee relations on alcohol/drug matters.  The Administrator will establish a system of secured record keeping to safeguard an individual employee’s right to privacy of test results.  Employees having any questions or suggestions regarding the Substance Abuse Program should address them to the Human Resources Manager and/or City Manager.

Medical Review Officer (MRO) The City has contracted with a licensed physician to serve as the MRO for the City’s Substance Abuse Program with his duties and responsibilities described as follows.  In addition to performing the duties and functions outlined below, the MRO will comply with the requirements set forth in 49 CFR Parts 40 and 382. The primary responsibility of the MRO is to receive, review and interpret all test results, obtained through the City’s Substance Abuse Program before the results are reported to the City and summarized for the DOT.  Upon notification by the testing laboratory of a positive test result, the MRO will review the documentation showing continuity in the chain of custody of the specimen, and promptly contact the affected employee to advise him/her of the positive test result.  The MRO must provide the covered employee an opportunity for an interview, in person or via telephone, with the MRO to discuss the possible reasons for the positive test result, and to advise the covered employee of his right to request a retest of the split specimen, at the employee’s expense, by another DHHS approved laboratory. If the covered employee submits medical records in defense of a positive test result, the MRO will review those records and contact the employee’s physician to answer any questions contained therein.  Prior to MRO verification of a confirmed positive result for opiates, the MRO shall determine that there is clinical evidence, in addition to the urine test, of any unauthorized use of any opium or opium derivative. If any question arises about the accuracy or validity of a positive test result, the MRO will review the laboratory records to determine whether the required procedures were followed.  This will require collaboration with the testing laboratory director, the analysts, and any expert consultants as the MRO determines necessary.  Only the MRO shall be authorized to order a reanalysis of the original sample. Once the MRO has reviewed all of the above information, the MRO will make a determination as to whether the result is scientifically sufficient to take further action.  However, if the records from the collection site or laboratory raise doubts about the handling of the sample, the MRO may decide the urinary evidence is insufficient and no further actions would be taken.  IN this case, the MRO will declare the test to be negative, and shall note the possible errors in laboratory analysis or chain of custody procedures and will notify the proper officials to correct the errors or procedures as necessary. If the MRO determines that there is no reasonable medical or scientific reason for a positive test result, and after verification of the proper procedures being followed, the MRO will declare the test to be verified negative and notify the employee and the City’s Substance Abuse Policy Administrator of this fact.

6       Drug Testing Laboratory and Alcohol Procedures Drug Testing and Laboratory Procedures The City utilizes a DHHS certified laboratory for the analysis of specimens collected for DOT testing purposes. Specimen collection is conducted at sites utilizing the handling and chain-of-custody procedures for split specimen collections listed in CFR 49 Part 40.  The laboratories will conduct all requirements for chain of custody, testing, reporting, and specimen retention in accordance with the provisions of 49 CFR Part 40.  The Laboratory will report all test results directly to the MRO. Specimen Collection All urine specimens will be provided at a designated clinic collection site.  The donor will be requested to provide photo identification (driver’s license with photo).  The collection will not proceed without photo identification.  After the donor’s identification has been confirmed and the donor has signed the consent form, the collector will ask donor to remove unnecessary outer garments such as a coat or jacket and bulky items from pocket.  All personal belongings such as a purse or a briefcase will remain with outer garments.  Donor will then be instructed to wash and dry hands and the collection will proceed as follows: DOT Covered Employees

The collector will unwrap a sealed collection kit in the donor’s presence.  Donor will then be provided with a specimen collection cup which includes a temperature strip and will hold up to 90 milliliters of liquid.  Donor enters bathroom or enclosed area which allows individual privacy. Collector receives specimen from donor.  The donor will witness the collector splitting the specimen into two parts, one part being 15 ml. of urine and the second being 30 ml. of urine.  The urine specimen (both containers) is sealed with security tape in front of the donor.  The donor will then be requested to initial the sealed specimen.  The chain of custody form is completed and signed by the donor.  The collector will place the chain of custody forms and specimen into a secured laboratory bag and then it is again sealed in front of the donor in a courier shipping container. Collection procedures allow urine specimens to be provided by the individual in private, unless there is reason to believe that the individual may alter or substitute the specimen.  Direct observation by a same gender collector will be allowed only when authorization or concurrence is offered by a higher level supervisor. Collector must collect 45 milliliters (ml.) of urine from the donor.  If donor is unable to provide 45 ml. of urine, the collector will instruct the employee to drink regular intervals of fluid up to 40 ounces within a maximum period of three (3) hours.  The collector will attempt the collection procedure again to provide a complete sample using a fresh specimen bottle.  If the donor refuses to drink fluids as directed or to provide a new urine specimen within the three (3) hour limit, the collector will terminate the collection and notify the employer that the employee has refused to submit to testing.  The employee will be referred, as soon as possible after the attempted urine collection, for an evaluation from a licensed physician concerning the employee’s ability to provide an adequate amount of urine.  If a valid medical reason can not be established, the employee will be considered as having refused to submit to testing.

All Other Covered Employees (Non-DOT)

The collector will unwrap a sealed specimen bottle in the donor’s presence.  The donor will then be provided with the specimen collection bottle which will hold up to 90 milliliters of liquid.  Donor enters bathroom or enclosed area which allows individual privacy. Collector receives specimen from donor.  The bottle is then sealed with security tape in front of the donor.  The donor will then be requested to initial the sealed specimen.  The chain of custody form is completed and signed by the donor.  The collector will place the chain of custody forms and bottle into a secured laboratory bag and then it is again sealed in front of the donor in a courier shipping container. Collection procedures allow urine specimens to be provided by the individual in private, unless there is reason to believe that the individual may alter or substitute the specimen.  Direct observation by a same gender collector will be allowed only when authorization or concurrence is offered by a higher level supervisor. The collector must collect 30 milliliters (ml.) of urine from the donor.  If the donor is unable to provide 30 ml. of urine, the collector will instruct the employee to drink regular intervals of fluid up to 40 ounces within a maximum period of three (3) hours.  If the donor refuses to drink fluids as directed or to provide a new urine specimen within the 3 hour limit, the collector will terminate the collection and notify the employer. The inability to provide a urine specimen when requested without a valid medical explanation may be grounds for disciplinary action up to and including termination.

Breath Alcohol Testing Procedures – DOT Covered Employee Alcohol testing is performed through the use of trained breathalyzer operators using special evidentiary level breathalyzers, the same as those used by law enforcement to establish driving under the influence violations. The following procedures outline the alcohol testing process and what an employee should expect: Preparation for the Alcohol Breath Test Upon entering the alcohol testing location, the breath alcohol technician (BAT) will require you to provide positive identification (photo ID…ALL drivers are to always carry their license with them when driving).  The BAT will explain the testing procedure to you. Screening Tests

The BAT will complete Step 1 on the breath alcohol testing form, and you will then complete Step 2 on the form, signing the certification.  Refusal by the employee to sign this certification will be regarded as a refusal to take the test. An individually sealed mouthpiece will be opened in your presence and the BAT will attach it to the evidential breath testing device (EBT) in accordance with the manufacturer’s instructions. The BAT will instruct you to blow forcefully into the mouthpiece for at least six (6) seconds or until the EBT indicates that an adequate amount of breath has been obtained. The BAT will show you the result displayed on the EBT and then affix the test result printout to the breath alcohol testing form in the designated space, using a method that will provide clear evidence of removal (e.g. tamper evident tape). In any case in which the result of the screening test is LESS than 0.02 the BAT will date the form and sign the certification in Step 3 of the form.  You will then sign the certification and fill in the date in Step 4 of the form. If the test result printed by the EBT does not match the displayed result, the BAT will note the disparity in the remarks section.  Both the BAT and the employee will initial or sign the notation.  The test is then invalid and the employee is so notified.  No further testing is authorized and the company is so notified.

Confirmation Tests

If the result of the screening test is 0.02 or greater, a confirmation test will be performed.  If the confirmation test will be performed by a different BAT, the BAT who conducts the screening test will complete and sign the form.  The BAT will provide you with copy 2 of the form. The BAT will conduct an “air blank” to ensure that the device is working correctly.  The air blank must be 0.00.  If the reading is greater than 0.00 the BAT will conduct one more air blank.  If the reading is greater than 0.02, testing will not proceed using that instrument.  However, testing may proceed on another instrument. The BAT will instruct the employee not to eat, drink, put any object or substance in his mouth, and to the extent possible not belch during the waiting period before the confirmation test.  The time period begins with the completion of the screening test, and will not be less than 15 minutes.  The BAT will explain the reason for this requirement and the fact that it is for the employee’s benefit.  The BAT will also explain that the test will be conducted at the end of the waiting period, even if the employee has disregarded the instruction.  If the BAT becomes aware the employee has not complied with this instruction, the BAT will so note in the remarks section of the form. If a different BAT performs the confirmation test the new BAT will initiate a whole new form with you the same as the first BAT did.  Failure to sign the form in section 2 will be considered a refusal to take the test.  The BAT will note such in the remarks section of the form.

Invalid Breath Alcohol Tests A breath alcohol test is invalid under the following circumstances: The EBT does not pass its next external calibration check (invalidates all test results of 0.02 or greater since the last valid external calibration.) The breath alcohol technician does not observe the minimum 15 minute waiting period before confirmation testing. The breath alcohol technician does not perform an air blank of the EBT before a confirmation test, or such an air blank does not result in a reading of 0.00. The breath alcohol technician does not sign the form. The breath alcohol technician fails to note in the remarks section of the form that the employee has failed or refused to sign the form after the test has been completed. The EBT fails to print a confirmation test result. The sequential test number or alcohol concentration displayed on the EBT is not the same as the sequential test number or alcohol concentration on the printed result.

Other Covered Employees (Non-DOT) The testing procedures will generally be the same as those for DOT regulated employees.  Under City Policy, the breath alcohol test may be administered by a certified law enforcement Breathalyzer Operator trained and certified by South Carolina Criminal Justice Academy to administer a breath alcohol test on a Breathalyzer machine approved by the State Law Enforcement Division, and the results reported by such Operator will be conclusive for purposes of this policy.

7       Employee Assistance Program Employee Assistance Program assessment, evaluation, and training services will be provided to the City by the third party administrator responsible for providing substance abuse counseling services. EAP Training of Employees Management is responsible for conducting periodic education for employees on the subject of alcohol/drug use.

8       Confidentiality and Severability Confidentiality and Recordkeeping The information involving alcohol/drug testing should be treated as confidential to the extent possible consistent with the scope of this policy.  Information concerning an individual employee will be disclosed only to those Management personnel involved with the discipline of the employee or who have a legitimate need to know the information. Severability – Not a Contract If any part of this policy is determined to be unenforceable under state or federal law, the remainder of the policy, to the extent possible, will remain in full force and effect.  No part of this policy, or any procedures related to it, is intended 1.      To be considered a contract for employment 2.      To affect the City’s right to manage its workplace, or to discipline its employees 3.      To guarantee employment, continued employment, or terms or conditions of the employment Changes to this policy may be made at any time necessary by the City Manager.

9       Positions Subject to Random Testing             Safety Sensitive Police Department             All Sworn Officers             Fire Department             All Paid Employees engaged in fire suppression activities             DOT Regulated             Public Works Department                         Equipment Operator                         Street Foreman                         Driver I and II

10     Police and Fire Department Section The use of illegal and unauthorized drugs is a serious threat to our nation’s collective health, safety and welfare.  Drug abuse in the workplace is dangerous because it leads to physical impairment, loss of judgment, safety violations, and the risk of injury and death.  The negative effects of drug abuse in the workplace are amplified when drug abuse exists within Police and Fire Departments.  The City of Beaufort has a compelling interest in ensuring that employees of its Police and Fire Departments are physically capable of performing their duties while possessing high standards of integrity and judgment. Police Department personnel engage in drug interdiction activities, carry firearms, operate vehicles under dangerous conditions at high rates of speed, and have access to highly sensitive, confidential information involving drug traffickers.  As a result, Police Department personnel pose a threat to public and personal safety if impaired and are subject to personal temptation as well as bribery attempts in administering drug laws even when not impaired by drug use. Police Department personnel cannot be permitted to violate the laws which they enforce and the public has a right to expect that its Police Department’s employees are both physically and mentally fit to perform their duties.  Public interest demands that effective measures be taken to identify, deter, and eliminate drug use in the City of Beaufort Police Department. Fire Department personnel operate large emergency vehicles under dangerous conditions at high rates of speed in all types of weather.  They respond to medical emergencies rendering C.P.R. and other life-saving services.  Fire Department personnel are subject to enter places of business and residences in the performance of duty and pose a threat to public and personal safety if impaired. This policy applies to sworn police officers or employees whose jobs require them to engage in fire suppression regardless of current job/duty assignment, especially if the individual is subject to emergency recall or temporary assignment requiring full use of powers.  These department requirements are in addition to any other City of Beaufort policies which apply to all city employees.

Specific Provisions 1.      No employee may illegally possess any controlled substance. 2.      No employee may ingest any controlled or other dangerous substance, unless prescribed by a licensed physician, who has knowledge of the safety sensitive duties. 3.      No employee may ingest any prescribed or over-the-counter medication in amounts beyond the recommended dosage. 4.      Any employee who unintentionally ingests, or is made to ingest a controlled substance should immediately report the incident to their supervisor so that appropriate medical steps can be taken to ensure the employee’s health and safety. 5.      All Department personnel are responsible for the integrity of the Department and thereby if they have reasonable basis to believe that another sworn officer is illegally using, or in possession of any controlled substance, are to immediately report the facts and circumstances to their supervisor. 6.      All employees are to notify their supervisor, immediately upon reporting to duty, when required to use prescription medication which may impair their performance.  Supervisors may temporarily reassign such individuals to other duties where appropriate. 7.      Sworn Officers may not consume any alcoholic beverage while on duty, (except in undercover operations approved by the Chief of Police) nor may such officers report to duty under the influence of alcohol or with the odor of alcohol on their breath. 8.      Employees may not at any time be intoxicated while in uniform or any recognizable part of a uniform.  Police officers may not be intoxicated at any time and carry a firearm.

Applicants for Employment and Reserve Corps Effective immediately, the Police and Fire Department will conduct pre-employment/assignment drug tests for all applicants tentatively selected for employment with the departments or assignment to the Police Department’s Reserve Corps of officers and Fire Department Volunteers.  The departments shall not hire any applicant who refuses to submit to a drug test or who tests positive for use of non-prescribed, controlled or unlawful drugs or substances. Current Employees and Reserve Officers Effective immediately, all employees, reserve officers, and volunteers to whom this policy applies will be subject to both alcohol testing by breathalyzer and drug testing by urinalysis for the following reasons: Reasonable Suspicion:  When there is a particularized suspicion of drug use in violation of this policy or under other lawful conditions.  Particularized suspicion exists when any of the following may occur: 1.      Information that an employee has used illegal drugs or substances and is provided by a reliable informant 2.      An employee exhibits any of the following: a.       Extreme mood swings b.      Slurred speech c.       Unusual clumsiness d.      Staggering e.       Dilation or constriction of pupils f.        Erratic, excited behavior g.       Sleeping on the job or lethargy h.       Excessive unexplained sweating i.         Other aberrant behavior 3.      An employee has been arrested for violation of drug laws 4.      An employee has admitted violating the Department’s alcohol/drug policy 5.      An employee has tested positive for alcohol or drugs within the previous sixty (60) months.

Random:  Random testing for illegal or unauthorized drug use shall be conducted for all police and fire department employees through the use of a statistically valid random selection process.  The frequency of such selections shall be determined by the Substance Abuse Policy Administrator.  Random testing may be on an individual basis or on a unit wide basis, as determined by the Substance Abuse Policy Administrator. Promotion:  All promotion applicants and individuals applying for assignment to specialized units within the department may be required to pass a drug/alcohol test before being considered for a promotion to a position which is subject to random testing.  (“Promotion” is defined as the assignment of an employee or reserve officer from one established position to a different established position having a higher rate of pay, specialized duties or increase in recognized authority.) Regular Employment Status:  All probationary employees employed in the Police and Fire Departments may be required to pass a drug test before being accorded regular employment status.

Testing Procedure Alcohol Testing Alcohol testing will be by breathalyzer.  Testing will be conducted by a trained breathalyzer operator on equipment certified by the National Highway Traffic Safety Administration (NHTSA) for the purpose of employment testing as utilized for other City employees. Drug Testing Drug testing will be by urinalysis conducted under the same strict guidelines as other City of Beaufort employees. Notice to Employees & Reserve Officers & Volunteers Individual copies of this policy are available to any employee upon request.  By continuing to work, the employee agrees that he will abide by the policy as a condition of employment. Consequences of Violating this Policy All Police and Fire Department employees who violate this policy are subject to termination of employment.  Reserve officers and volunteers will be immediately removed from service based upon a violation of this policy.  Confidentiality & Notice of Test Results Alcohol and drug testing information will be kept as confidential as possible, consistent with the purpose of this policy and applicable State and Federal laws or regulations.  All alcohol/drug tests are considered negative unless the individual is notified otherwise by the Medical Review Officer, Management, or the City’s Substance Abuse Policy Administrator.  All employees will be notified, in private, of all positive test results.  Individuals with a positive test result may request and receive from the Medical Review Officer a copy of their positive test result indicating the particular drug(s) for which the sample tested positive.  Such request must be made in writing within five (5) working days of the notification of a verified positive test result.  Test results will be handled within the department with the same confidentiality afforded other City employees.