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SR-1000-001-03 (2) - . t 000-- 00\. - c8 . b-U MAY 2 3 1989 . PE:KLB Council Meeting: May 23, 1989 TO: Mayor and city Council From: City staff santa Monica, California Subject: Recommendation to Adopt a Resolution Establishing an Anti-Drug Program Policy for the City's Transportation Department INTRODUCTION This report recommends that the city council adopt the attached resolution establishing an anti-drug program policy for the City's Transportation Department. BACKGROUND The U.S. Department of Transportation (DOT) issued rules in November I 1988 requiring that the more than four million em- ployees of transportation industry firms whose jobs include safe- ty- or security-related functions be tested for illegal drug use. A wide range of employers were affected by DOT rules, which apply to industries regulated by the Federal Highway Administration, Federal Aviation Administration, Federal Railroad Administration, Urban Mass Transportation Administration, Research and Special Projects Administration, and the u.s. Coast Guard. The DOT rules are set forth in drug-testing regulations issued by the Depart- ment, as well as in separate sets of rules issued by the six "operating administrations" - i.e., FHWA, FAA, FRA, UMTA, etc. - under DOT's administrative umbrella. Failure of mass transporta- tion systems subject to regulation by DOT and any of DOT's - 1 - 6-0 MAY 2 3 1989 . . various agencies to establish an anti-drug program results in the loss of any federal financial assistance for those entities. The Urban Mass Transportation Administration, one of the adminis- trative agencies of the Department of Transportation , issued its final drug testing rule on December 21, 1988. Under the UMTA rule, transit systems that fail to implement an anti-drug program will become ineligible for federal financial assistance, and said transi t systems are required to begin implementing their drug testing program by December 21, 1989. As a part of UMTA's drug testing rules, a transit system receiv- ing federal financial assistance must have its governing body adopt a policy statement on drug use in the workplace. The UMTA rules list the specific statements that must be contained in that policy statement: 1) an employee may not perform a sensitive safety function while that employee has a prohibited drug in his or her system; 2) if an employee performing a sensitive safety function refuses to take a drug test authorized by the UMTA rules on Control of Drug Use in Mass Transportation operations or is tested for drugs under the UMTA rule and does not pass the drug test, that employee shall be relieved of his or her sensitive safety duties immediatelYi and 3) an employee who refuses to take a drug test authorized by the UMTA rules or does not pass a drug test administered under that regulation may not return to a sen- sitive safety function until the employee has passed a return to duty drug test required under the UMTA rules. - 2 - . . DISCUSSION Substance abuse, the misuse of alcohol and drugs, is not a new issue, but it is one of growing concern to American employers at both the national policy level and within their own organiza- tions. The misuse of alcohol and drugs is clearly a problem in the workplace. Research has shown that substance abuse is sig- nificantly affecting organizations as evidenced by increased medical benefit claims, increased absenteeism, increased in- dustrial accident claims, and decreased productivity. Misuse of alcohol and drugs poses serious safety and health risks not only to the user, but also to those who work with, or come into con- tact with, the user. Thus, employers have become even more con- cerned about the misuse of alcohol and drugs by employees who perform safety-sensitive functions in the organization, and espe- cially those safety-sensitive functions involving direct contact with the public. The City of Santa Monica has long been concerned about the prob- lem of substance abuse and has already taken steps in an attempt to reduce substance abuse in the workplace. The Santa Monica Municipal Code contains a section (Section 2105I) prOhibiting employees from reporting for duty, or being on duty, under the influence of any intoxicant and lists such an offense as a cause for removal, suspension or demotion. In addition, in an attempt to provide its employees with the means to overcome a substance abuse problem, at very little, if any, cost to the employee, the city of Santa Monica implemented a comprehensive Employee Assis- tance Program (EAP) in March, 1988 which offers confidential, - 3 - . . professional counseling to employees and family members who seek assistance for alcohol and/or drug abuse and other personal/ emotional problems. The city's EAP even offers intensive in- patient treatment for those who have a drug and/or alcohol abuse problem so severe that out-patient treatment will not be sufficient. The City's Transportation Department, as a mass transit agency, is subject to DOT regulations as well as those rules published by the Urban Mass Transportation Administration (UMTA). The city1s Transportation Department is eligible to receive approximately $2,000,000 of federal financial assistance annually and must therefore comply with DOT and UMTA regulations in order to con- tinue its eligibility to receive those federal funds. The job classifications affected by the UMTA rules are Motor Coach Opera- tor, Motor coach supervisor, Transit Operations supervisor, Transportation Mechanic, Transportation Mechanic Assistant, Transportation Mechanic Supervisor and Motor Coach Cleaner. The City has met and conferred with the bargaining units representing those job classifications and has gotten the support of the bar- gaining units for the anti-drug program required by UMTA. BUDGETARY/FISCAL IMPACT There will be a cost to the City of approximately $25,000 to pro- vide the employee education and training program required by the U.S. Department of Transportation regulation. The employee education and training program required by DOT is also a require- ment of another federal law, the Drug-Free Workplace Act, with - 4 - .... . . which the City must comply in order to continue to receive cur- rent federal grants and/or obtain new federal grants. Thus 1 a single employee education and training program will meet the re- quirements of both federal regulations. The funding for the em- ployee education and training program has been incorporated into the proposed FY89-90 budget. RECOMMENDATION staff respectfully recommends that city Council adopt the at- tached resolution establishing an anti-drug program policy for the City's Transportation Department and direct staff to develop the procedure to be utilized by the drug testing program that will be implemented in the Transportation Department as a part of the DOT regulation requirements. prepared by: Karen Bancroft, Director Personnel Department (KB."drugs411) - 5 - . . RESOLUTION NO. 7817(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING AN ANTI -DRUG PROGRAM POLICY FOR THE CITY IS TRANSPORTATION DEPARTMENT WHEREAS, the u.s. Department of Transportation and the Urban Mass Transportation Administration passed regulations requiring recipients of federal financial assistance to establish an anti-drug program. WHEREAS, the governing boards of those recipients must adopt an anti-drug program policy as a part of the required anti- drug program. WHEREAS, the recipients of federal financial assistance will become ineligible for said assistance should they fail to establish an anti-drug program. WHEREAS, the city's Transportation Department is covered by the U.s. Department of Transportation and Urban Mass Transportation Administration regulations and is eligible to receive approximately $2,000,000 annually in federal financial assistance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The city recognizes drug abuse as a poten- tial health, safety and security problem. Employees needing help in dealing with such problems are encouraged to use the City's . . employee assistance program or health insurance plans, as appro- priate. conscientious efforts to seek such help will not jeopar- dize any employee's job, and will not be noted in his/her person- nel file. SECTION 2. It is the policy of the City of Santa Moni- ca that: l} an employee may not perform a sensitive safety func- tion while that employee has a prohibited drug in his or her sys- tem; 2) if an employee performing a sensitive safety function refuses to take a drug test authorized by the Urban Mass Transportation Administration (UMTA) rules on Control of Drug Use in Mass Transportation Operations or is tested for drugs under the UMTA rules and does not pass the drug test, that employee shall be relieved of his or her sensitive safety duties immedi- ately; and 3) an employee who refuses to take a drug test au- thorized by the UMTA rules or does not pass a drug test adminis- tered under the UMTA rules may not return to a sensitive safety function until the employee has passed a return to duty drug test required by the UMTA rules. SECTION 3. that the City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~w-..~ ROBERT M. MYERS city Attorney - . . Adopted and approved this 23rd day of May, 1989. V'" 1 H~ I hereby certify that the foregoing Resolution No. 7817(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on May 23, 1989 by the following council vote: Ayes: Councilmembers: Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Noes: councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Genser ATTEST: c?'L-UJAA -Deputy ci1y c7er~