SECTION 8. HEALTH & SAFETY

8.1 Pre-employment Medical Examinations

All persons selected for employment with the City of Haverhill, except clerical employees and temporary/seasonal employees, after receipt of notice of such appointment by the appointing authority, and prior to the starting date of employment must undergo a medical examination. This medical examination will be conducted at the Anna Jaques Occupational Health Department at Amesbury Health Center. The Human Resources Department will provide a copy of the job description at the examination so that the physician can make an informed judgment as to the fitness of the candidate to perform the job duties. This examination will be at the expense of the City. The physician will advise the City as to the applicant's fitness for duty. If the applicant is deemed unfit, the appointing authority will withdraw the offer of employment.

8.2 Medical Examinations – Fit for Duty

When an employee is returned to work from an extended period of time, a second opinion may be required by the City. Before the employee returns, a certificate of fitness must be obtained at the Anna Jaques Occupational Health Department at Amesbury Health Center or from a physician selected to perform an Independent Medical Examination. If a psychological fit for duty examination is required for public safety employees, the employee will be sent to the City’s psychological physician for an examination. These fit for duty examinations are at the City’s expense.

8.3 Drug & Alcohol Testing Policy

It is the policy of the City of Haverhill to ensure that its employees are provided with a safe and healthful work environment. In keeping with this policy, employees are required to report to work fit for duty, and to refrain from any activity that could impair their ability to perform their duties.

The purpose of this policy is to outline the responsibilities of employees, supervisors and managers with regard to drug and alcohol use in the workplace and the testing of employees in safety sensitive positions in accordance with the US Department of Transportation regulations. In compliance with the corresponding Department of Transportation Regulations, this policy is promulgated under the independent authority of the City of Haverhill. It concerns those commercial driver's license (CDL) employees who are required to be tested under applicable Federal Regulations. In addition, the policy shall cover employees in other city departments whose job descriptions and/or contract includes Drug and Alcohol Testing as a condition of employment.

General Policy regarding Drugs and Alcohol in the Workplace

• The City of Haverhill firmly believes that the use of illegal drugs and misuse of legal drugs, including alcohol, is a source of danger in the workplace and a threat to the City’s goal of maintaining a productive and safe work environment. The City of Haverhill discourages users of illegal drugs and misusers of legal drugs, including alcohol from seeking employment with the City and encourages very forcefully the rehabilitation of such persons already in its employ.

• Employees of the City of Haverhill are visible and active members of the communities where they live and work. They are inescapably identified with the City and are expected to represent it in a responsible and creditable fashion. While the City of Haverhill has no intention of intruding into the private lives of its employees, the City does expect employees to report for work in a condition to perform their duties. The City recognizes that employee off-the-job as well on-the-job involvement with drugs and alcohol can have an impact on the workplace and on our ability to accomplish our goal of providing an alcohol and drug –free environment.

• In accordance with the Drug Free Workplace Act, the illegal use, sale, or possession narcotics, drugs, or controlled substances while on the job or on City property is offense warranting disciplinary action up to an including termination.

• Employee who are under the influence of alcohol, either on the job or when reporting for work, or who possess or consume alcohol during work hours, have the potential for interfering with their own as well as their co-workers safe and efficient job performance. Consistent with City practice, such conditions will be proper cause for disciplinary action up to and including termination of employment.

• Employees are expected to follow any directions of their health care provider concerning prescription medications and must immediately notify their supervisor if any prescription drug is likely to have an impact on job performance. In addition, notification must be given at the time of any testing or screening as to any drugs or medicine being taken.

• Any employee, while on City property or during the employee’s work shift, including without limitation all breaks and meal periods, consumes or uses, or is found to have on her or her personal possession, in his or her locker or desk or other such repository, alcohol or drugs, which are not medically authorized, or is found to have used or to be using such alcohol or drugs, will be suspended immediately pending further investigation. If use or possession is substantiated, disciplinary action, up to and including termination will be imposed.

• The City of Haverhill is committed to the treatment and rehabilitation of employees with alcohol and controlled substance misuse problems, and encourages employees to come forward voluntarily and seek assistance for those problems prior to and after implementation of the testing program.

Policy Regarding Drug and Alcohol Testing

• It is the policy of the City of Haverhill to comply fully with the regulations mandating pre-use, random, reasonable suspicion, and post-accident drug and alcohol testing in accordance with regulations issued by the U.S. Department of Transportation.

• Performance of safety-sensitive functions is prohibited by employees having a breath alcohol concentration of 0.04 percent or greater as indicated by an alcohol breath test; by employees using alcohol or within four (4) hours after using alcohol; and by employees in the possession of any mediation containing alcohol unless the package seal in unbroken.

• Use of illicit drugs by C.D.L. drivers is prohibited.

Procedures

A. Types of Tests

To the extent practicable, all tests will be conducted during employees’ normally scheduled work hours. The following tests are required:

• Pre-employment (Pre-use) - The selected applicants for positions requiring Commercial Drivers License (pre-employment) or candidates for transfer or promotion to such a position (pre-use) are subject to screening for improper use of alcohol or controlled substances.

• Post-accident – conducted after accidents on drivers in City vehicles whose performance could have contributed to the accident, as determined by a citation for a moving traffic violation, and for all fatal accidents even if the driver is not cited for a moving traffic violation. An accident is defined as an incident involving a commercial motor vehicle in which there is either a fatality, an injury treated away from the scene, or a vehicle is required to be towed from the scene. Alcohol tests should be conducted within two (2) hours, but in no case more than eight (8) hours after the accident. Employees must refrain from all alcohol use until the test is complete. Post-accident drug tests must be conducted with thirty-two (32) hours.

• Reasonable Suspicion – conducted when a trained supervisor or manager observes behavior or appearance that is characteristic of alcohol or illicit drug misuse. If a driver’s behavior or appearance suggest alcohol or drug misuse, a reasonable suspicion test must be conducted. If a test cannot be administered, the driver must be removed from performing safety sensitive duties for at least 24 hours. Testing for alcohol abuse must be based upon suspicion which arises just before, during or just after the time when the employee is performing safety-sensitive duties. Testing for substance abuse may occur at any time upon suspicion. Reasonable suspicion testing may only be conducted after consultation with the Director of Public Works or his/her designee.

• Random – conducted on a random, unannounced basis just before, during or performance of safety sensitive functions for alcohol or at any time for drugs. Each year, the number of random alcohol tests conducted by the City must equal at least 25% of all the safety-sensitive drivers. Random drug tests conducted by the City must equal at least 50% of all safety-sensitive drivers.

• Return to Duty and Follow Up – conducted when an individual who has violated the prohibited alcohol or drug standards returns to performing safety sensitive duties. Follow-up tests are unannounced and at least six (6) tests must be conducted in the first 12 months after a driver returns to duty.

B. Conducting Tests

1. Alcohol

DOT rules require breath testing using evidential breath testing (EBT) devices. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a “negative” test. If the alcohol concentration is 0.02 or greater, a second, confirmation test must be conducted.

2. Drugs

• Drug testing is conducted by analyzing a driver’s urine specimen and must be conducted through a U.S. Department of Health and Human Services certified facility. Specimen collection procedures and chain of custody requirement ensure that the specimen’s security, proper identification and integrity are not compromised.

• DOT rules require a split specimen procedure. Each urine specimen is subdivided into two bottles labeled as primary and split. Both bottles are sent to laboratory. Only the primary specimen is opened and used for the urinalysis. The split specimen remains sealed at the laboratory. If the analysis of the primary specimen confirms the presence of illegal controlled substances, the driver has 72 hours to request that the split specimen be sent to another DHHS certified laboratory for analysis.

• All urine specimens are analyzed for the following drugs:

  • Marijuana (THC metabolite)
    

  • Cocaine
    

  • Amphetamines
    

  • Opiates (including heroin)
    

  • Phencyclidine (PCP)

• Testing is conducted using a two-stage process. First, a screening test is performed. If the test is positive for one or more of the drugs, a confirmation test is performed for each identified drug. Sophisticated testing requirements ensure that over-the-counter medications or preparations are not reported as positive results.

• All drug tests are reviewed and interpreted by a physician designated as a Medical Review Officer (MRO) before they are reported to the employer. If the laboratory reports a positive to the MRO, the MRO will contact the driver and conduct an interview to determine if there is an alternative medical explanation for the drugs found in the urine specimen. For all the drugs listed above, except PCP, there are some limited, legitimate medical uses that may explain a positive test result. If the MRO determines that they drug use is legitimate, the test will be reported to the City as a negative result.

3. Refusal to Participate

Any refusal to participate in any of the types of alcohol and or drug tests authorized in this policy will be treated as indicative of a positive result.

C. Consequences of Alcohol/Drug Misuse

1. Safety sensitive employees who have any alcohol concentration (defined as 0.02 or greater) who tested just before, during or just after performing safety sensitive functions must be removed from performing such duties for 24 hours. Depending on the circumstances, disciplinary action may be imposed upon an employee whose alcohol test reveals any alcohol concentration between (0.02 and 0.04).

2. Driver who engage in prohibited alcohol or drug conduct (that is, who test positive for alcohol use greater than 0.04 or drug use) must be immediately removed from safety sensitive functions. Drivers who are serving a probationary period will be terminated immediately. Non-probationary drivers will be offered an opportunity for rehabilitation in accordance with Section 3 below. Non-probationary drivers who choose not to avail themselves of the rehabilitation opportunity will be terminated immediately.

3. Driver who is to continue employment with the City of Haverhill must be evaluated by a substance abuse professional and comply with any treatment recommendations to assist them with an alcohol or drug problem. The payment for any recommended treatment will be strictly at the expense of the employee (or his/her health insurance program, if applicable). Employees will be placed on sick leave or leave without pay status during this treatment period, whichever is appropriate.

4. Drivers who have been evaluated by a substance abuse professional, who comply with any recommended treatment, who have taken a return to duty test with a result of less than 0.02, and who are then subject to unannounced follow-up tests at the employee’s expense may return to work.

5. Drivers who have returned to work under these conditions and who subsequently test positive for alcohol or drugs in accordance with this policy during the next five years will be terminated immediately.

6. Once an employee successfully completes rehabilitation, he/she shall be returned to his/her regular duty assignment position.

D. Information /Training

1. All current and new employees will receive written information about the testing requirements and how and where they may receive assistance for alcohol or drug misuse. All employees must receive a copy of this policy and sign a receipt.

2. All supervisory and management personnel of the Department of Public Works and other applicable Departments must attend at least two hours of training on alcohol and drug misuse symptoms and indicators used in making determinations for reasonable suspicion testing. Supervisors and managers will be instructed on the detection of abuse problems and the enforcement of the testing policy. Periodic, on-going training will also occur after implementation of the policy.

3. This policy will be posted on employee bulletin boards and will be available to all employees.

4. Educational information will be made available periodically which will focus on the potentially dangerous effects of drug and alcohol use and abuse, the procedures associated with pre-employment drug screening and “reasonable suspicion” testing, the effect on job performance measured in loss of productivity, and the potential safety hazards presented to the individual employee, other employees, and the public.

5. All job descriptions will include the statement “Drug/alcohol screening is a condition of employment”.

6. All final candidates for employment will be given a copy of this policy, and be given the opportunity to read the policy in its entirety.

E. Record Keeping

1. The City is required to keep detailed records of its alcohol and drug misuse prevention program.

2. Driver alcohol and drug testing records are confidential. Test results and other confidential information may only be released by the employer, the substance abuse professional, the MRO, and any arbitrator of a grievance filed in accordance with this policy. Any other release of this information may only be made with the driver’s consent, or in response to a court order.

3. Questions about this policy should be referred to the Director of Public Works and/or the Human Resource Director.

8.4 Employee Assistance Program

Members of the Haverhill Fire and Police Departments and employees in positions requiring a Commercial Driver's License (CDL) and which are defined as safety-sensitive are entitled to services through the City's Employee Assistance Program. The Employee Assistance Program (EAP) is a confidential, employer-paid professional counseling, evaluation, and referral service for employees and eligible family members experiencing personal problems that may affect jog performance or health.

The Employee Assistance Program provides assessment, counseling, and referral services for up to three sessions for employees and family members around a variety of personal problems, such as:

• Family/Marital o Stress/Anxiety
  
• Parent/Child o Depression
  
• Coping with Illness o Alcohol/Drug Abuse

If other city employees need the assistance of the Employee Assistance Program, permission must be obtained by the Human Resources Director before contact to the EAP is made by the employee.

Information on the Employee Assistance Program can be obtained in the respective departments or by contacting the Human Resources Department.

8.5 Workers Compensation/Reporting an Injury - (For All NON-Public Safety Employees)

Despite the careful efforts of supervisors, safety and training officers, and employees to maintain safe working conditions and practices, accidents do happen. The City of Haverhill is responsible for providing protection against loss of income and medical expenses incurred due to job related injuries or illness.

Employees must report injuries immediately to their supervisor or designee. If the injury is not urgent but necessitates medical attention, the employee must report to Anna Jaques Occupational Health Center (Amesbury location) for treatment of injuries that occur during the hours of 8 a.m.-4:30 p.m. Monday–Friday. It would be helpful if a representative from the employee’s department called the Anna Jaques Occupational Hospital Center (attachment #1) prior to sending the employee. If an injury occurs after the listed hours, the employee should go to the nearest emergency room. If an employee visits any other emergency room other than Anna Jaques Hospital, then a medical authorization form (attachment #5) must be filled out and completed.

If an injury is severe AND requires immediate attention, then the employee should go to the nearest emergency room. Follow up with Anna Jaques Occupational Health Center must take place.

If it is determined that the employee is injured and will be out of work for up to and including five (5) days or more, the first five days will be charged to his/her sick leave accrual. Workers Compensation will be paid to the employee after the five (5) days of sick leave has elapsed.

Even if the employee does not require medical attention, the incident should still be reported on a Form 118 as a Report Only claim.

Please review the all the work-related injury forms and follow the directions available to you on the city website at www.ci.haverhill.ma.us/hr/injury_forms.

Forms need to be completed by someone in the office – Not the employee hurt or injured. The preparer should take the info from the employee and then complete the form – it doesn’t mean that you agree with the information but that you are reporting the information received.

All forms should be forwarded to HR at City Hall Room 306 as soon as possible. They will be processed by our office online through the CCMSI site. Forms can be sent to us via email, fax, or interoffice mail.

Health and Life Insurance Payments while receiving Workers’ Compensation

If the employee is receiving a supplemental payment of accrued leave, his/her health and life insurance premium (if applicable) will be deducted from the supplemental payment amount.

If the employee is not receiving the supplemental payment, or if the supplemental payment is insufficient to cover the cost of the health and life insurance premiums, he or she must pay the City directly for such premiums as follows:

1. If the employee is expected to be on workers’ compensation for less than a month, he or she must make payment for the insurance premium on the date that the deduction would have been made, had he/she been paid wages (e.g. each Friday). Or, the benefits supervisor may take double deductions when the employee returns to work.

2. If the employee is on workers’ compensation for more than one month, he or she must make arrangements with the benefit supervisor to pay for insurance premiums through the direct pay option of his/her checking/savings account only.

Employees who are on long term workers’ compensation and who do not return to work during a new calendar year will not accrue vacation, sick, or personal days for the new year unless they return to work.

8.6 Section 111F Injuries/Reporting an Injury - (For All Public Safety Employees)

Fire and Police personnel are covered under General Laws, Chapter 41, Section 111F. The Fire Chief or Police Chief will initially determine if the accident is work-related. Employees are responsible for filling out an Injury Report and submitting the Report along with any medical information to the Chief. Employees should not assume they will be reimbursed for any service or prescriptions they fund while a decision is pending, or after a determination has been made that the accident/injury was not work-related.

The Public Safety employee is responsible for obtaining all reports relating to his/her examination and treatment. Failure to receive advance approval for a particular treatment regimen may result in the employee’s being responsible for any balance.

The Public Safety employee who has been approved for Section 111F status shall comply with all requests for information, or other medical case management requirements, related to the illness/injury, by the City or its designated occupational health consultant.

The employee must report the injury as in accordance with departmental policy or General Order as soon as possible.

If the injury is not urgent but necessitates medical attention, the employee must report to Anna Jaques Occupational Health Center (Amesbury location) for treatment of injuries that occur between the hours of 8 a.m.-4:30 p.m. Monday–Friday. It would be helpful if a representative from the employee’s department called the Anna Jaques Occupational Hospital Center (attachment #1) prior to sending the employee. If an injury occurs after the listed hours, the employee should go to the nearest emergency room. If an employee visits any other emergency room other than Anna Jaques Hospital, then a medical authorization form must be filled out and completed.

If an injury is severe AND requires immediate attention, then the employee should go to the nearest emergency room. Follow up with the Anna Jaques Occupational Health Center must take place.

All injuries require that an Accident Report form be completed as in accordance with departmental policy. It also needs to be signed and approved by the Chief as a Section 111F claim in order to be accepted as a work-related injury.

Accident reports will then be forwarded by the Department to HR at City Hall Room 306 for signature by the HR Director. After review and processing, a copy is returned back to the department and the original is sent to the Retirement Office.

All applicable forms are available on the city website at www.ci.haverhill.ma.us/departments/hr/injury_forms or can be emailed upon request.

8.7 Emergency

In case of an emergency at work it is important that someone be notified, usually a family member. A personnel record with this emergency notification information should be maintained in the Human Resources Office.

Advise the Human Resources Office of changes.

8.8 Inclement Weather

In all occasions of inclement weather, all city offices are to remain open. Department heads may allow employees to use personal leave or other available leave, such as compensatory time, when severe weather conditions persist throughout the day.

8.9 Tools and Equipment

The acquisition of tools and equipment is a necessary purchase with many city positions. Refer to your individual contract for amount of money paid for tools and equipment. For additional information speak to the Safety and Training Officer assigned to your specific department as outlined in your contract.

For the protection of the employees receiving tool allowances, it is suggested that each employee provide an inventory list of their tools to the Department Head on a yearly basis. Digital pictures of all tools and an estimation of their costs should be submitted for insurance purposes for theft or damages.