AM 205-8 Substance Abuse Policy (revised 12-15-21)

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Every employee of the City of Baltimore has a right to a safe and drug-free workplace. Every citizen

of Baltimore has a right to require public employees to be alcohol-free and drug-free because public

health, safety and welfare are threatened by substance abuse by City employees.

The use of illegal drugs and alcohol adversely affects a person's judgment and response capabilities.

Judgment and response are perhaps the two most important attributes which a civil servant, who

seeks to discharge assigned duties safely and effectively, can possess.

The City of Baltimore believes that the threat to public safety posed by employees who are substance

abusers is a legitimate basis for establishing a drug-testing program, as described in this Policy.

Substance abuse testing is appropriate when conducted for the purpose of determining whether City

employees are using drugs that could affect their ability to safely perform their work. While

substance abuse testing is not always required to establish that an employee is abusing drugs or

alcohol, it is especially important when there is a disagreement between the employee and the

supervisor about the employee's actions.

The City of Baltimore also has a legitimate interest in assuring the public that none of the City's

employees are under the influence of drugs or alcohol while on duty, or on call for duty, where

applicable, and that they are fully capable of performing their duties. Furthermore, the City of

Baltimore has an interest in protecting its employees and supervisors from mistakes and abuse as to

the application of this Substance Abuse Control Policy (Policy). Therefore, there will be no

retaliation against any employee who reports the suspected substance abuse of another employee.

I. SCOPE

This policy applies to all employees and those applicants for employment in sensitive positions in

the Baltimore City government, except those sworn positions in the Police Department and Fire

Department. The Fire and Police Departments shall issue their own departmental policies relating

specifically to drug or alcohol abuse, and the employees and applicants for employment in those

departments shall be subject to those departmental policies.

This policy is intended to be in accordance with Maryland Code: Health-General: Title 17.

Laboratories: Subtitle 2. Medical Laboratories: § 17-214. "Job-related alcohol and controlled

dangerous substances testing" and all relevant State and Federal regulations. If a conflict ever arises

between this Policy and the State or Federal regulations, the State or Federal regulations shall take

precedence over this Policy. All applicable State and Federal regulations (including those

forCommercial Drivers), but only as to the classes to which they are applicable, are hereby

incorporated within this Policy.

II. DEFINITIONS

Abuse - Any of the following activities:

• Any use of an illegal drug.

• Misuse of any over-the-counter drug, in cases where such misuse results in impairment

and/or impairs job performance.

• Use of any prescription drug in a manner inconsistent with its medically prescribed or

intended use, or under circumstances where use is not permitted.

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• Use of alcohol where such use results in impairment or impairs job performance.

Consumption of alcohol while on duty.

• Intentional and inappropriate use of any substance, legal or illegal, which impairs job

performance.

Accident - A sudden, unexpected event resulting in personal injury and/or property damage.

Aftercare - A programmed series of steps outlined to assist a person in continuing sobriety

and/or freedom from substance abuse.

Alcohol - Ethyl alcohol or ethanol.

Applicant - A person who applies to become an employee of the City of Baltimore in a sensitive

class, or who applies for promotion to a sensitive class within City government.

Breath Alcohol Technician (BAT) - A person who instructs and assists employees in the alcohol

testing process and operates an evidential breath- testing device.

Chain of Custody - Special handling procedures for specimens taken as evidence of substance abuse.

City - The City of Baltimore, its agents, representatives and designees, also called the Employer.

Confirmation Drug Test - A second analytical procedure to identify the presence of a specific drug

or metabolite, conducted independently of the initial test in order to ensure reliability and accuracy.

Any established testing procedure may be used.

Department/Agency Head - The chief executive officer of a department, agency or other

employment unit.

Department of Human Resources (DHR) - The Department of Human Resources as defined in the

Baltimore City Charter (1996 Ed.).

Department of Transportation (DOT) - The U.S. Department of Transportation. The regulatory

agency that sets the requirements for all Commercial Driver License (CDL) holders within the

United States.

Detoxification - A program that assists a person to withdraw from drugs and/or alcohol in a safe,

protective environment. During this period, all medical problems caused by drugs and/or alcohol are

addressed and a program of education and motivation is started.

Drug - Any substance, including a controlled dangerous substance, taken into the body, including

alcohol, which may impair one's mental faculties, change one's mood and/or impair one's physical

performance.

Employee - Any person employed by the City of Baltimore including any probationary, contractual,

seasonal, part-time and temporary employee. This definition excludes any sworn person employed

by the Fire and the Police Departments.

Employee Assistance Program (EAP) - The City of Baltimore’s counseling and referral program

for employees with personal problems.

Follow Up Testing - A series of unannounced drug or alcohol tests given to CDL holders for the

period of time required by the SAP in accordance with DOT regulations.

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Human Resources (HR) Designee - Any person designated by a department or agency or other

employment unit of the City of Baltimore to perform the human resource function of a department

or agency or employment unit.

Initial Drug/Alcohol Test - A drug test used to initially detect the presence of alcohol or drugs.

Intoxicated - Diminished ability to act with full physical and/or mental capability due to substance

use.

Mandatory Rehabilitation Program - A program mandated by the City of Baltimore as a condition

for continued employment for any employee involved in an on-duty incident involving drugs and/or

alcohol. Managed by the EAP, the rehabilitation program may entail several phases of treatment at

a professional facility including detoxification, outpatient treatment and aftercare.

Medical Review Officer (MRO) Mercy Clinic or other City of Baltimore contracted facility – A

licensed physician who is responsible for recording and reviewing laboratory results generated by

an employer’s drug testing program and evaluating medical explanations for certain drug test

results.

Monitor Program - A program managed by the EAP requiring an employee who abuses substances

to report periodically on specified occasions. At such time, the employee is required to present

documentation of compliance in a counseling program if so assigned, to present verification of

attendance at meetings of Alcoholics Anonymous, Narcotics Anonymous or other service groups,

and/or to submit to substance abuse testing.

Off-Duty - Non-work hours during which an employee is completely relieved of all job-related

functions.

On Call - Any period of time, during which an employee is expected to remain available for duty

whether on or off the work premises, e.g. being available for snow detail or for periods when the

City's emergency plan is in effect.

On-Duty - Any period of work-time regardless of whether the employee is allowed to leave the

premises or the job-site during periods of inactivity or break.

On-Site Testing - The collection of specimens (e.g. urine; breath and possibly others such as saliva)

at the City of Baltimore Occupational Medical Services facility, Mercy Clinic after hours, at the

Occupational Medical Services at Mercy Hospital in the Emergency Department and performing

screening testing at the time of collection with an “immediate result.”

Performance Improvement Plan (PIP) – A contract, developed by the employee’s supervisor with

the assistance of the department’s HR officer and the EAP, which addresses the employee’s work

performance deficiencies, requires complete abstinence from drug and/or alcohol use, and requires

successful completion of a Mandatory Rehabilitation Program, (including compliance with EAP

treatment recommendations and the Treatment Contract) and periodic drug and/or alcohol testing.

Positive test results are then confirmed by standard testing methods.

Positive - Indicates the presence of an illegal drug in amount equal to or in excess of the legal cut-

off level for alcohol or other drugs, or the unauthorized use of prescription or over-the-counter

drugs.

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Post Accident Testing - Drug or alcohol testing performed after an incident involving a City-owned

vehicle or a privately owned vehicle while being used for City business.

Pre-placement/Pre-employment Testing- Drug or alcohol testing prior to hiring, transfer, or

promotion, but after a contingent offer of employment is made based on passing all requirements

and testing.

Random Testing - Drug or alcohol testing of certain identified employees using a computer

generated random program.

Reasonable Suspicision – When an employee in the performance of duties is suspected by a

supervisor of drug or alcohol use based upon specific, observations concerning the appearance,

behavior, speech or body odors of the employee, which observations provide a reasonable basis to

suspect substance abuse. Verifiable deterioration of the employee’s job performance that is likely to

be attributable to substance abuse by the employee may also be considered.

Refusal to Consent - When an employee or pre-placement candidate refuses to submit to a drug

and/or alcohol testing order, or as defined in Section III, D of this Policy.

Rehabilitation - A treatment plan determined by an authorized provider and approved by the EAP.

Return to Duty Testing – Drug or alcohol testing following an initial positive test to determine

whether an employee is able to resume previous job functions after successfully completing all

requirements.

Sensitive Classes - Those classes that the Department of Human Resources has specifically listed in

Appendix B in this document. Sensitive classes include all City drivers and are not limited to the

classes listed in Appendix B. The list of sensitive classes shall be updated by the Department of

Human Resources as job classes are created, abolished or revised. Those classes may involve

positions where there exists:

• A substantially significant degree of responsibility for the safety of others; or

• A potential that impaired performance of the employee could result in death of or injury to

the employee or others; or lack of close monitoring of the employee's behavior that reduces

the possibility of intervention or assistance by another when necessary.

• Any category of trust, as defined in AM-200-4.

• Any position that is not listed in Appendix B is considered a non-sensitive position.

Substance - Alcohol or drugs.

Substance Abuse Control Officer OFFICER (SACO) - A representative of the department or

agency or other employment unit who shall provide confirmation that all necessary grounds for

reasonable suspicion are in order and consistent with this Policy, approve and co-sign referrals of

employees to Mercy Clinic for drug and alcohol testing, and act as a consultant for all supervisors

and employees in matters relating to this Policy. Each department, agency or other employment unit

shall have a list of SACOs that is available to all employees. SACOs will be specifically trained

to perform all aspects of their position toinclude HIPAA restrictions and requirements concerning

medical information. Their performance shall be evaluated on an annual basis.

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Substance Abuse Professional (SAP) - A person who evaluates employees who have violated a

DOT drug and alcohol regulation and makes recommendations concerning education, treatment, and

follow-up testing. The EAP will provide a qualified SAP (under DOT) for the City of Baltimore.

Supervisor - A person authorized to train, assign, evaluate, and discipline other employees and to

approve leave.

Supervisory Monitoring - A process whereby the supervisor of an employee who has violated this

Policy closely monitors the employee’s job performance and adherence to the terms of a properly

issued Performance Improvement Plan. This shall include regular and unannounced drug and alcohol

testing under the Performance Improvement Plan.

Treatment Contract - A confidential contract between the Employee Assistance Program (EAP) and

the employee developed by EAP. This Contract shall describe steps that shall be taken by the

employee in order to be in compliance with a Mandatory Rehabilitation and Monitoring Program.

Workplace – Any City-owned or utilized premises or any location where City work is performed,

including City vehicles.

III. RESPONSIBILITIES

A. Employees

Employees:

Must become familiar with all sections of this Policy. All employees must remain free from drug or

alcohol abuse. All employees are responsible for their own physical and mental condition in the

workplace.

Are urged to report any suspected substance abuse by any other employee during work hours,

including lunch periods. Such report shall be made to the supervisor of the suspected employee, a

designated SACO, any other supervisor or the Safety office. The identity of the reporting individual

will be held confidential to the full extent permitted by law.

Must report to their supervisor any arrests or convictions of any drug or alcohol- related crimes,

whether on-duty or off-duty, including motor vehicle driving violations such as driving while

intoxicated (DWI) or driving under the influence (DUI). This applies to sensitive class employees

only, as defined in Appendix B.

Must ensure that they comply with all sections of this Policy. Employees who violate this Policy and

are given an opportunity for rehabilitation must comply with all requirements of this Policy including

all terms of the Treatment Contract and the Performance Improvement Plan.

Must successfully complete the Mandatory Rehabilitation Program, in addition to achieving

satisfactory performance and attendance on the job in order to maintain employment with the City.

Must contact the Employee Benefits Division (410-396-5830) for continuation of health insurance

benefits if suspension is without pay for more than 14 days.

B. Supervisors

Supervisors must:

Document that reasonable suspicion exists based on specific, current, articulable observations

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concerning the appearance, behavior, speech or body order of the employee.

Secure a SACO to independently verify and approve an order for any permanent employee to be

tested, if the supervisor concludes that reasonable suspicion exists for testing. Upon approval by the

SACO, the supervisor shall order the employee to proceed with the supervisor’s designee to the

MRO or other approved site for testing.

Escort (or assign a designee to escort) the employee to the MRO for testing following an accident.

Adhere to current procedures for testing. These procedures are set forth in Section III B,

"When Testing Is Required", of this Policy.

Not allow any employee to work until questions concerning any possible impairment are resolved.

The supervisor may order retesting on subsequent days, as required.

Ensure that the employee is returned to duty if the employee’s confirmatory test is negative.

Perform the following actions, upon receipt of a first positive test result for an employee or if the

supervisor learns through an initial self-disclosure by the employee or disclosure by the EAP of a

sensitive class employee’s substance abuse problem:

Immediately relieve from duty, through leave or suspension for the remainder of the workday, any

employee whose initial screening test indicates a positive result. The supervisor shall arrange any

transportation necessary to take the employee to his or her home address of record;

Work with HR designee to develop a Performance Improvement Plan; Allow employee to use

available leave in case of an initial self-disclosure.

Refer to Section VII (Disciplinary Actions) of this Policy upon receipt of a second positive test result

and forward all letters from the EAP to the agency HR department.

Approve, in the appropriate circumstances and through the guidance of the EAP counselor, an

employee’s request for leave to enter detoxification or other in- patient rehabilitation.

Keep an employee’s test results confidential.

C. Substance Abuse Control Officers (SACO)

The SACO serves as the principal on-site resource person for this Policy and must be familiar with

all of the Policy. The SACO must:

Independently review the evidence to verify that reasonable suspicion exists for each employee

identified by a supervisor for mandatory drug or alcohol testing, including post-accident tests.

Approve and sign the Drug/Alcohol Testing order prior to referral to the MRO for testing.

Prepare and sign a written confidential report detailing the basis for reasonable suspicion based on

specific observations concerning the appearance, behavior, speech or body odors of the employee

and/or verifiable deterioration of job performance. This confidential report must be forwarded to the

HR designee.

Serve as a consultant and answer questions from supervisors and employees regarding this Policy.

Testify at disciplinary hearings, if required.

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Provide assurance that all aspects of his or her responsibilities under this Policy are implemented

fairly and impartially.

D. Human Resources (HR) Designee

The HR designee must:

Provide a copy of the City’s Substance Abuse Control Policy to all employees. Ensure that each

employee signs an acknowledgment form for receipt of the Policy. The HR designee will provide

training to employees regarding the Policy.

Ensure that all supervisors are trained to recognize drug and alcohol symptoms.

Be informed of the test results. Test results shall be considered confidential and shall be kept in the

employee’s confidential medical file.

Notify the manager/supervisor of a positive alcohol/drug test.

Meet with any employee who tests positive for drugs/alcohol within 30 days of the positive test

to:

Provide complete information to the employee about the EAP, including the location, hours of

business, telephone number and procedure for requesting leave to visit the EAP;

Schedule a mandatory appointment for the employee for counseling at the EAP, to be paid for by the

City of Baltimore;

Prepare a written Performance Improvement Plan (PIP) for employee with the assistance of the

employee’s supervisor or the EAP.

In conjunction with EAP, assist the supervisor in preparing a Performance Improvement Plan.

Provide mandatory testing training for supervisors and SACOs in the areas of random, reasonable

suspicion and post-accident testing.

Review and update the list of sensitive classes when new positions are created or reclassified and

submit such changes to the Department of Human Resources for approval and inclusion to this Policy.

Ensure that any employee who tests positive is immediately removed from driving status or

operating heavy equipment and that the Safety Officer is notified.

Ensure that the appropriate discipline is administered in accordance with this Policy.

Identify a sufficient number of SACOs so that they are distributed evenly among all locations and

shifts.

Maintain a list of current SACOs and make the list available to all managers, supervisors, employees,

bargaining agents, and the Office of the Labor Commissioner.

Ensure that all SACOs are specifically trained to perform all aspects of their position to

include HIPAA restrictions and requirements concerning medical information.

Oversee the annual evaluation of SACOs to ensure compliance with City standards.

Grant the employee backpay for the length of any leave or suspension if the employee’s confirmatory

test is negative. Records of any suspension shall be purged from the employee’s personnel file.

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Maintain a file on the employee documenting any information provided to the employee, the

appointments arranged at the EAP, performance evaluations, reprimands and warnings and other

disciplinary actions taken against the employee subsequent to the positive drug test result.

E. Employee Assistance Program (EAP)

The EAP must:

Make the determination whether an employee who tests positive for drugs or alcohol is eligible for

acceptance into the Program. If eligible, the EAP shall schedule an appointment for the employee

upon the referral of the supervisor or HR designee. The only reason an employee would not be

eligible for EAP services under this Policy is because of a second positive result.

Obtain a copy of the drug test results from the MRO and any other reports from the employee’s

supervisor relative to the employee’s work status (i.e.: attendance records, documentation of

behavioral problems, etc.).

Assess the employee to determine the scope of the drug or alcohol problem.

Develop a treatment plan and make a referral for the employee to the appropriate treatment resource.

Implement a confidential Treatment Contract with the employee that will specify the terms of a

treatment plan and all treatment and monitoring expectations.

Assist the supervisor in writing a Performance Improvement Plan for the employee.

Make recommendations to the supervisor regarding the employee’s need for leave in order to obtain

the appropriate treatment.

Create and maintain records concerning compliance with Treatment Contracts, and inform the HR

designee of an employee’s non-compliance with the Treatment Contract.

Monitor the employee’s treatment and inform the referring supervisor when the employee’s case is

closed with the EAP.

Provide a Substance Abuse Professional (SAP) for the City. The SAP will evaluate employees who

have violated a DOT drug and alcohol regulation. The SAP will make recommendations concerning

education, treatment and follow-up testing in accordance with DOT requirements. This paragraph

pertains only to employees whose positions are regulated by DOT.

Recommend in writing to the employee’s supervisor, the Division of Occupational Safety and the

HR designee if an employee in a sensitive position should not operate a City vehicle or perform other

sensitive functions. Generally, an employee must meet specific treatment related criteria established

by the EAP prior to a recommendation that the employee may return to full duties. (It is the decision

of the Division of Occupational Safety to reinstate driving privileges for employees.)

Recommend that an employee return to work following a first positive drug or alcohol test provided

the following conditions are met:

• The employee provides a negative drug and alcohol test either through the MRO or a

treatment facility as determined by the EAP;

• The employee is compliant with all treatment recommendations made by the EAP and/or

treatment facility; and

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• The EAP has received a written Performance Improvement Plan from the employee’s

supervisor.

IV. TESTING

A. Drugs Tested

When alcohol testing is required under the provisions of this Policy, breath alcohol tests will be

given to detect the presence of:

Initial Test Confirmatory Test

Alcohol: Ethyl 0.02% W/V 0.02% W/V

Ethanol 0.02% W/V 0.02% W/V

If the alcohol test indicates an amount equal to or greater than .02% but less than .04%, refer to

Section VII.

If the alcohol test indicates an amount equal to or greater than .04%, the results shall be called

“positive.” Upon receipt of a report of a “positive” test result the supervisor must refer to Section

VII for disciplinary action.

For all employees – where drug testing is required urinalysis tests will be given to detect the presence

of:

Type of Drug or Metabolite

Initial Test

Confirmatory Test

Marijuana metabolites

50 ng/mL

15 ng/mL

Cocaine metabolites

(Benzoylecgonine)

300 ng/mL

150 ng/mL

Amphetamines

Amphetamine

Methamphetamine

1000

ng/mL

500

500 ng/mL (Specimen must also

contain amphetamine at a

concentration of greater than or

equal to 200 ng/mL).

Opiate metabolites

Codeine

Morphine

6 Acetylmorphine

2000 ng/mL

10 ng/mL

Test for 6-AM in the specimen.

Conduct this test only when

specimen contains morphine at a

concentration greater than or

equal to 2000 ng/mL

Phencyclidine (PCP)

25 ng/mL

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Only applicants in sensitive classes sent for pre-placement and promotional drug testing shall also

be subject to urinalysis tests to detect the presence of:

Type of Drug or Metabolite

Initial Test

Confirmatory Test

(1) Methadone

300 ng/mL

200 ng/mL

Benzodiazepines

300 ng/mL

200 ng/mL

If the drug test result indicates an amount equal to or greater than the level indicated above, the

results shall be called "positive" based on an MRO review. Upon receipt of a report of “positive”

test result the supervisor must refer to Section VII E for disciplinary action.

This list is not intended as an exhaustive inventory of every drug that may be tested for by the City.

The selection of drugs will be based upon known abuses in the community and the recognized ability

of the drug to affect an employee's performance. The City shall notify its workforce and the

bargaining unit agents representing City employees when a drug is added to the list for which testing

is required. The MRO shall report all positive test results to the HR designee when drug or alcohol

testing has been ordered.

B. When Testing Is Required

Non-Regulated*

Regulated (CDL)

Biennial (CDL only)

Follow-up

Post-Accident

Probationary and Temporary

Employees

Pre-employment/ Pre-placement

Random (sensitive employees)

Random

Reasonable Suspicion/ For Cause

Reasonable Suspicion/For Cause

Supervisory Monitoring

Return to Duty

*Note: Non-regulated tests apply to all employees (including CDL

holders for biennial physicals). Regulated tests apply to CDL drivers

only.

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i. Follow-up Testing – CDL Only

For any CDL holder who violates this Policy or a DOT drug or alcohol regulation and seeks

to resume the performance of sensitive functions, follow-up drug and alcohol testing shall be

performed as follows:

The SAP shall establish a written follow-up drug and alcohol testing plan. This Plan shall not

be established until after the SAP determines that the CDL holder has successfully complied

with all recommendations for education and/or treatment.

The SAP shall present a copy of this plan directly to the HR designee.

The SAP is the sole determiner of the number and frequency of follow-up tests and whether

these tests will be for drugs, alcohol, or both, less otherwise directed by the appropriate DOT

agency regulation.

The SAP shall, at a minimum, direct that the employee be subject to six unannounced follow-

up tests in the first 12 months of sensitive duty following the employee’s return to sensitive

functions.

The SAP may require a greater number of follow-up tests during the first 12- month period

of sensitive duty.

The SAP may also require follow-up tests during the first 48 months of sensitive duty

following the first 12-month period.

The SAP shall not establish the actual dates for the follow-up tests prescribed.

The City shall not impose additional testing requirements on the employee that exceed the

SAP’s follow-up testing plan.

The requirements of the SAP’s follow-up testing plan shall “follow” the CDL holder through

breaks in service, transfers or change in assignment.

The SAP may modify the determinations concerning follow-up tests. However, the SAP

shall not modify the requirement that the CDL holder take at least six follow-up tests within

the first 12 months after returning to the performance of sensitive functions unless follow-up

testing is conducted as directed by the SAP.

The department shall carry out the SAP’s follow-up testing requirements. The department

shall not allow the CDL holder to continue to perform sensitive functions unless follow-up

testing is conducted as directed by the SAP.

The department shall schedule follow-up tests on dates of the department’s choosing, but

shall ensure that the tests are unannounced with no discernable pattern as to timing. The

CDL holder shall not be given advance notice of testing.

The department shall not substitute any other tests (e.g., those carried out under the random

testing program) conducted on the employee for this follow-up testing requirement.

The City shall not count a follow-up test that has been cancelled by the supervisor as a

completed test. A cancelled follow-up test must be rescheduled.

ii. Post-Accident Testing

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a. Fatal Accidents

As soon as practicable following a motor vehicle accident involving the loss of human life,

the supervisor shall order the testing of the employee operating the City vehicle at the time

of the accident. The supervisor shall also order the testing of all other employees whose

performance could have contributed to the accident, as determined by the supervisor using

the best information available at the time of the decision.

The supervisor shall ensure that any employee required to be tested for drugs and/or alcohol

under this section is tested as soon as practicable and within 24 hours of the accident. Any

employee who is subject to post-accident testing who fails to remain readily available for such

testing, including notifying all relevant persons as required in AM 501 (City-Owned Vehicle

Policy), shall be deemed by the City to have refused to submit/consent to drug and/or alcohol

testing.

Nothing in this section shall be construed to require the delay of necessary medical attention

for any injured employee following an accident or to prohibit an employee from leaving the

scene of an accident for the period necessary to obtain assistance in responding to the accident

or to obtain necessary emergency medical care.

If an alcohol test required by this section is not administered within two (2) hours following

the accident, the supervisor shall prepare and maintain on file a record stating the reasons the

test was not promptly administered.

b. Non-fatal Accidents

As soon as practicable following an accident not involving the loss of human life and/or

property damage in which a City vehicle is involved, the supervisor shall order the testing

of the employee operating the City vehicle at the time of the accident unless the supervisor

determines, using the best information available at the time of the decision, that the

employee’s performance can be completely discounted as a contributing factor to the

accident. The supervisor shall also order the testing of all other employees whose

performance could have contributed to the accident, as determined by the supervisor using

the best information available at the time of the decision.

The supervisor shall ensure that any employee required to be tested for drugs and/or alcohol

under this section is tested as soon as practicable and within 24 hours of the accident. Any

employee who is subject to post-accident testing who fails to remain readily available for

such testing, including notifying all relevant persons as required in AM 501 (City-Owned

Vehicle Policy), shall be deemed by the City to have refused to submit/consent to drug and/or

alcohol testing.

Nothing in this section shall be construed to require the delay of necessary medical attention

for any injured employee following an accident or to prohibit an employee from leaving the

scene of an accident for the period necessary to obtain assistance in responding to the accident

or to obtain necessary emergency medical care.

If an alcohol test required by this section is not administered within two (2) hours following

the accident, the supervisor shall prepare and maintain on file a record stating the reasons the

test was not promptly administered.

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iii. Pre-employment/Pre-placement Testing

Applicants for non-sensitive classes will not be subject to pre-employment drug or alcohol

testing.

Only applicants in sensitive positions (those listed in Appendix B) shall be subject to drug

and alcohol testing prior to placement in a City position. Any applicant who tests positive

shall be denied the opportunity to apply for City employment for a period of one year from

the date of a positive test result.

In cases of existing City employees designated for promotion to a sensitive class, drug and

alcohol testing shall be required prior to promotion. Any employee who tests positive shall

be denied promotion to a sensitive class.

Prior to the first time a driver performs sensitive functions for the City, the driver shall be

subject to drug and alcohol testing. No City agency shall allow a driver, who that agency

intends to hire or use, to perform sensitive functions unless that Agency has received a drug

and alcohol test result indicating a verified negative test result for that driver.

iv. Testing for Probationary (Initial and Promotional) and Temporary Employees

Probationary employees in sensitive classes must be tested at least three times during the

probationary period without prior notice to the employees.

Probationary employees in non-sensitive classes must be tested on a random basis up to three

times during the probationary period.

Temporary employees shall be subject to reasonable suspicion testing and must be terminated

immediately upon confirmation of a positive test result.

Employees promoted into sensitive class positions must be tested according to the

requirements of the positions. If the promotion is to a position requiring a CDL, then the

employee will be subject to the CDL drug screening. If the promotion is to a sensitive, non-

CDL class, the pre-placement drug screening requirements apply.

Probationary (non-promotional) and temporary employees are not entitled to participation in

the City’s rehabilitation program nor continued employment with the City.

NOTE: A SACO is not required for testing of temporary and non-promotional probationary

employees.

v. Random Testing – CDL and Sensitive Class Employees

All CDL holders shall be subject to regulated drug and alcohol testing and all employees in

non-CDL sensitive job classifications shall be subject to unscheduled drug and alcohol

testing on a random basis without the need of a Performance Improvement Plan as follows:

Employees shall be randomly selected for a drug or alcohol test using a computer-based

random number generator that is matched with the drivers’ Social Security numbers or

payroll identification numbers. Separate selections will be made for drug testing and for

alcohol testing. Management shall have no input in the selection of employees for testing.

Drug and alcohol testing shall be unannounced and the employee shall be tested immediately

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upon notification. Efforts will be made to ensure that the dates for administering tests are

spread reasonably throughout the calendar year.

All active employees in sensitive job classifications shall be included in this selection

program. Employees who have been tested shall remain in the random pool and could be re-

tested at any time.

Alcohol testing may occur just before, during or after an employee performs a sensitive

function.

Employees selected for random testing must proceed to the test site immediately. If,

however, the employee is selected while performing a sensitive job function, the supervisor

shall escort the employee to the testing site as soon as is reasonable so as not to cause

unnecessary disruption in the work being performed.

vi. Reasonable Suspicion

Where there is reasonable suspicion of drug and/or alcohol abuse by an employee, the

supervisor shall call upon the SACO who shall be asked to independently verify and approve

an order for the employee to submit to drug and/or alcohol testing by the MRO. If a

reasonable suspicion test is required by the SACO but not performed within two hours of the

order for the test, the reason for delay must be documented. Reasonable suspicion of

substance abuse may be based upon, among other things, any of the following:

An on-duty accident where the employee does not or cannot reasonably explain his or her

behavior, or where there is evidence that the employee may have been using or under the

influence of drugs or alcohol.

An on-duty incident, such as a medical emergency or altercation, that is likely to be

attributable to drug or alcohol use by the employee.

Supervisory observation of behavior by the employee, which demonstrates that the employee

may be unable to perform the employee's job satisfactorily or which may pose a threat to the

safety or health of the employee or others. Such behavior may include mental confusion,

slurred speech, and the smell of alcohol or marijuana, unusually slow reflexes, unusual

appearance of eyes or skin or other symptoms of drug or alcohol use.

Reports from non-supervisory employees or private citizens that any supervisory or non-

supervisory employee is using or is under the influence of drugs or alcohol, which have been

confirmed. A confirmed report may be obtained through corroboration from another witness

or source, or through physical evidence.

Physical evidence of drug or alcohol use on duty by the employee.

Verifiable deterioration of the employee's job performance that, using the best information

available at the time of the decision in addition to other observed behaviors, is likely to be

attributable to substance abuse by the employee. A report of off-duty drug or alcohol abuse

may be sufficient to presume a cause of a deterioration of performance.

A supervisor who suspects substance abuse, or who receives a report of suspected substance

abuse, shall initiate an investigation and contact the SACO before testing is prescribed for

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the employee. The SACO and the supervisor must co-sign any order for testing. Before

testing is ordered, the suspected employee shall be told of the evidence supporting reasonable

suspicion of substance abuse. The employee shall have the opportunity to respond to the

allegations.

Drug testing is not required where the employee does not contest the charge of substance

abuse. However, if there is disagreement about how much alcohol

was consumed or which substance(s) were used, the supervisor and SACO shall order the

employee to submit for drug and/or alcohol testing through the MRO.

For sensitive classes, emphasis shall be placed on the potential hazard that can be caused by

substance abuse, without requiring an additional demonstration of poor work performance.

Employees reporting to the MRO shall be subject to testing under the following

circumstances:

If an on-duty employee is sent to the MRO for any examination or treatment (even

when substance abuse is not suspected) and if in the judgment of the MRO drug and/or

alcohol abuse is suspected, the MRO shall act in the capacity of both the supervisor and the

SACO to order a drug test. A positive drug test result shall be reported to the HR designee.

For employees who are on medical or accident leave, the MRO may require those employees

who appear at the clinic for examination or therapy to be tested for substance abuse if in the

judgment of the MRO, the employee’s conduct and appearance suggests that the employee

is impaired. A positive test result shall be reported to the HR designee.

vii. Return to Duty Testing

If an employee seeks to return to the performance of job functions following an initial

positive test, the HR designee shall ensure that the employee takes a return-to-duty test. This

test cannot occur until after the EAP has determined that the employee is in compliance with

prescribed treatment. The HR designee must receive a negative drug and/or alcohol test result

before the employee may resume the performance of duties.

viii. Supervisory Monitoring

Employees who have tested positive or self-disclosed a substance abuse problem to a

supervisor and are under a Performance Improvement Plan will be subjected to unscheduled

testing as follows:

Drug and alcohol testing shall be unannounced, and the employee shall be tested

immediately upon notification. Efforts will be made to ensure that the dates for administering

tests are spread reasonably throughout the calendar year.

The employee’s supervisor, HR designee or the EAP may order testing under the Performance

Improvement Plan (PIP).

Employees ordered to report for unscheduled drug and/or alcohol testing must be escorted to

the testing site immediately. If, however, the employee is performing a sensitive function at

the time of the notification, the supervisor shall instead

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ensure that the employee ceases to perform the sensitive function before that employee

proceeds to the testing site.

C. Testing Procedure

Testing should occur as soon as possible, but in any event, under circumstances that will ensure that

the test will accurately indicate the condition of the employee at the time of the incident. All tests

will be arranged through the MRO or through the closest available medical facility that is both

certified under federal and state standards and able at the time to conduct the test under reliable

conditions. Any certified testing procedure may be used.

At the time of testing, non-CDL employees and applicants in sensitive positions may provide a list

of those medications that they have recently used. The list of medications, if provided, shall be sealed

and held as confidential until there has been a positive test result. In the event of a confirmed positive

test result, the list of medications shall only be disclosed to the medical professional that will

determine whether the positive result was due to the lawful use of any of the listed medications.

In the case of CDL holders, no list of medications shall be obtained prior to testing. The MRO may

require that the employee submit proof of a prescription, and/or sign a release for additional medical

information.

i. Breath Examinations

Any device or instrument used to measure an employee’s breath alcohol level shall meet all

State and federal regulations. In case of suspected alcohol abuse, breath specimens will be

taken at the testing site by having the employee exhale into the monitoring tube of the test

instrument. The employee will be advised of any abnormal results.

ii. Urine Examinations

When urine specimens are necessary, such specimens will be obtained by having the

employee void into a collection container, and the sample shall be split into two individual

specimen bottles in the presence of the employee. The employee will verify that the labels

on the containers are marked with his/her name and social security number.

One specimen bottle, containing at least 30 ml of urine, will be used for initial drug and

confirmatory tests and then frozen. The second specimen, containing at least 15 ml of urine,

will be refrigerated or frozen and retained at the laboratory for possible use for split sample

testing. Any positive findings will require a second independent confirmatory test with the

integrity of the specimens maintained by the appropriate chain of custody. The above urine

testing procedures shall be subject to change, as required for compliance with State and

federal regulations.

Urine specimens exhibiting abnormal pH levels, temperature, or other chemical

abnormalities indicating possible adulteration will be rejected. Notification will be placed in

the employee’s chart that an adulteration specimen was received. The employee should be

notified of such an entry on the chart.

Any request for further testing of a split sample must be made by the employee or the

applicant in a sensitive position in writing and reach the MRO within five (5) business days

of receipt of the results of the confirmatory test. The additional testing, at a City approved

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facility, shall be the financial responsibility of the employee.

D. Refusal to Consent

Applicants for employment to sensitive classes and applicants for promotion to positions in sensitive

classes must consent to drug and alcohol testing as a condition for employment. Applicants in

sensitive positions who refuse their consent to the required testing shall be denied employment or

promotion.

A refusal to consent is insubordination and will result in disciplinary action. An employee who is

ordered to submit to a drug or alcohol test who refuses to consent will be subject to disciplinary

action as stated in Section VII, C of this Policy and Rule 56 of the Civil Service Commission Rules.

An employee has refused to consent to take a drug test if the employee:

• Failed to cooperate with any part of the testing process (e.g., refused to empty pockets when so

directed by the collector, behaved in a confrontational way that disrupts the collection process);

• Failed to remain readily available for post-accident testing;

• Failed to appear for any test (except a Pre-Placement test) within two hours after being directed

to do so by a supervisor, HR designee, SACO, Division of Occupational Safety personnel, or

EAP;

• Failed to remain at the testing site until the testing process is complete;

• Failed to provide a urine specimen for any drug test required by this section or DOT regulations;

• Failed to permit the observation or monitoring of the provision of a specimen in the case of a

directly observed or monitored collection in a drug test;

• Failed or declined to take a second test the City, MRO or collector has directed;

• Failed to undergo a medical examination or evaluation, as directed by the MRO as part of the

verification process;

• Failed to provide a sufficient amount of urine when directed, and it has been determined, through

a required medical evaluation, that there is no adequate medical explanation for the failure:

o The employee must provide at least 45 milliliters of urine for a split specimen collection,

o If the employee has not provided the required quantity of urine, the specimen shall be

discarded. The collection site person shall direct the employee to drink up to 40 ounces

of fluid, distributed reasonably through a period of up to three hours, or until the

employee has provided a new urine specimen, whichever occurs first. If the employee

refuses to drink fluids as directed or to provide a new urine specimen, the collection site

person shall terminate the collection and notify the employer that the employee has

refused to submit to testing,

o If the employee has not provided a sufficient specimen within three hours of the first

unsuccessful attempt to provide the specimen, the collection site person shall

discontinue the collection and notify the MRO,

o Any employee who does not provide (as soon as possible after the attempted provision

of urine) sufficient urine to obtain an evaluation from the MRO concerning the

employee’s ability to provide an adequate amount of urine.

o If the MRO determines, in his or her reasonable medical judgment, that a medical

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condition has, or with a high degree of probability, could have, precluded the employee

from providing an adequate amount of urine, the employee’s failure to provide an

adequate amount of urine shall not be deemed a refusal to take a test. For purposes of

this paragraph, a medical condition includes an ascertainable physiological condition

(e.g., a urinary system dysfunction) or a documented pre-existing psychological disorder,

but does not include unsupported assertions of “situational anxiety” or dehydration. The

MRO shall report his or her conclusions (setting forth the basis for it, which shall not

include detailed information on the medical condition of the employee) to the HR

designee in writing.

o If the MRO, in his or her reasonable medical judgment, is unable to make the

determination set forth in paragraph D,4,a; the employee’s failure to provide an adequate

amount of urine shall be regarded as a refusal to take a test. The MRO shall report his

or her conclusions (setting forth the basis for it, which shall not include detailed

information on the medical condition of the employee) to the HR designee in writing.

o A specimen temperature outside the range of 32 degrees - 38 degrees C/90 degrees-100

degrees F constitutes a reason to believe that the employee has altered or substituted the

specimen.

o Whenever there is reason to believe that a particular employee has altered or substituted

the specimen as described in this section, a second specimen shall be obtained as soon

as possible under the direct observation of a collection site person. All specimens

suspected of being adulterated shall be forwarded to the laboratory for testing.

• Failed to provide an adequate amount of breath:

o This section sets forth procedures to be followed in any case in which an employee is

unable or alleges inability to provide an amount of breath sufficient to permit a valid

breath test because of a medical condition,

o The Breath Alcohol Technician (BAT) shall again instruct the employee to attempt to

provide an adequate amount of breath. If the employee refuses to make the attempt, the

BAT shall immediately inform the MRO,

o If the employee attempts and fails to provide an adequate amount of breath, the BAT

shall so note in the “Remarks” section of the breath alcohol testing form and immediately

inform the MRO,

o If the employee attempts and fails to provide an adequate amount of breath, the employee

shall obtain, as soon as practical after the attempted provision of breath, an evaluation

from the MRO concerning the employee’s medical ability to provide an adequate amount

of breath.

o If the MRO determines, in his or her reasonable medical judgment, that a medical

condition has (or with a high degree of probability, could have) precluded the employee

from providing an adequate amount of breath, the employee’s failure to provide an

adequate amount of breath shall not be deemed a refusal to take a test. The MRO shall

provide to the HR designee a written statement of the basis for his or her conclusion.

o If the MRO, in his or her reasonable medical judgment, is unable to make the

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determination set forth in this section, the employee’s failure to provide an adequate

amount of breath shall be regarded as a refusal to take a test. The MRO shall provide a

written statement of the basis for his or her conclusion to the HR designee.

E. Privacy In Drug Testing

Urine shall be provided in a private room with a toilet. In cases when the employee has had a previous

positive test result or where there is suspicion of tampering with the specimen, the specimen shall

be taken under observation. The employee may request that the observer be of the same gender.

i. Confidentiality of Test Results

Only the Department Head or HR designee, EAP, the Division of Occupational Safety and

employee shall be informed of positive test results by the MRO. The positive test results shall

be a part of the employee's confidential Human Resource medical file. This file shall be

maintained separately from any other personnel file. Except for those authorized by law as

having the right of access to test results, only those members of management who have a

need to know of test results shall be made aware of any test results. As part of the employee's

personnel file, test results may be offered as evidence at legal hearings held by City, State

and federal agencies only as permitted under 49 CFR 40.321.

The testing laboratory shall destroy the records of unconfirmed positive test results.

V. SELF-REFERRAL TO THE EAP

The City allows employees to voluntarily seek detoxification/rehabilitation treatment for substance

abuse problems through the EAP. The employee shall be expected to comply with all treatment

recommendations made by the EAP.

In order for an employee's admission of a drug and/or alcohol problem to be considered voluntary,

the disclosure must be made prior to the employee being ordered for drug and/or alcohol testing and

prior to disclosure to a supervisor of an alcohol or drug problem.

If there is a need for rehabilitation that involves loss of time from the workplace, the employee may

request appropriate leave. All requests for leave are governed by the leave policies of the City.

Voluntary referrals for non-sensitive class employees shall be considered confidential and generally

no information will be released to a supervisor by the EAP. If the voluntary referral is related to an

employee in a sensitive job classification, the EAP counselor shall inform the employee’s supervisor

and recommend that the employee not perform those sensitive job duties until specific treatment

criteria are met and the supervisor is notified otherwise in writing.

VI. SELF-DISCLOSURE OF SUBSTANCE ABUSE PROBLEM TO A

SUPERVISOR

If an employee discloses a substance abuse problem for the first time to the Employer, the

employee’s supervisor shall make a referral to the EAP for the employee. At the time of the

disclosure to the supervisor, the supervisor shall not order the employee to submit to a drug or alcohol

test. Self-disclosure does not constitute a positive test. The employee will be expected to complete a

Mandatory Rehabilitation Program and comply with a Treatment Contract with the EAP.

A Performance Improvement Plan shall be implemented and signed by the employee and the

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employee’s supervisor. Failure to comply with the Performance Improvement Plan will result in a

disciplinary action consistent with this Policy. A subsequent self-disclosure will result in a

drug/alcohol test during the period of the PIP.

VII. PERFORMANCE IMPROVEMENT PLANS (PIP)

As a requirement under this Policy, the supervisor shall establish a written Performance Improvement

Plan (PIP) for substance abusing employees. The PIP shall be in effect for a period of one year from

the date of the initial positive test. The employee shall comply with all terms of the PIP. Failure to

comply shall result in disciplinary action consistent with this Policy.

The PIP shall include:

• The employee’s work performance deficiencies; Satisfactory attendance;

• The required standards of performance;

• The deadline for compliance with such standards; Complete abstention from drug and alcohol

use;

• Successful completion of the Mandatory Rehabilitation Program as stated in the EAP

Treatment Contract;

• Periodic drug and alcohol monitoring while the PIP is in effect; and

• The appropriate disciplinary action to be imposed for violation of the PIP. The PIP may

include other options such as:

o additional job-related training; sick leave to receive therapy; leaves of absence; and

closer supervision.

Technical assistance for supervisors in preparing a PIP shall be available from the HR designee

and the EAP. A sample PIP is attached to this Policy as Appendix E.

VIII. DISCIPLINARY ACTIONS

A. Probationary Employee Restriction

A probationary employee who receives a confirmed positive test result, or who intentionally tampers

with a sample provided for drug screening, or who falsifies identification or test results, shall be

terminated during probation, and shall be denied the opportunity to apply for City employment for a

period of one year.

B. Failure to Comply with a Performance Improvement Plan

Any employee who fails to comply with any portion of a Performance Improvement Plan, including

successful completion of required rehabilitation on or before the deadline, shall be recommended

for discipline up to and including termination.

C. Refusal to Consent

First Refusal to Consent to testing shall result in a 5-day unpaid suspension and placement on a

Performance Improvement Plan. The employee must submit to a drug and/or alcohol test before

returning to duty following a suspension or shall be recommended for termination.

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Second Refusal to Consent to testing shall result in a recommendation for termination of the

employee.

D. Consequences of a First Positive Alcohol Test Result

Any employee in a sensitive class arrested for a DUI or DWI (on or off duty) shall be referred to the

EAP and subject to a Performance Improvement Plan to the extent recommended by the EAP.

Any employee in a sensitive class convicted of a DUI or DWI (on or off duty) shall be considered to

have a positive alcohol test result under this Policy.

Any employee who tests .02% W/V or above but less than .04% for alcohol shall be immediately

removed from work for a minimum of twenty-four (24) hours. A Return to Duty test will not be

required prior to the employee’s return to work.

Any employee who tests .04% W/V or above for alcohol shall be immediately removed from the

work site and suspended without pay for five (5) days. The employee shall be recommended for

termination if:

The employee is currently subject to an Performance Improvement Plan to remain drug-free or

alcohol-free, or

The employee had been required to participate in a rehabilitation program within a period of three

(3) years of a positive initial test for an employee working in a non-sensitive class and within a period

of five (5) years of an initial positive test for an employee working in a sensitive class, or

The employee refuses to participate in, or fails to successfully complete an approved rehabilitation

program, or

The employee is convicted of an alcohol-related felony within the past three (3) years, for a sensitive

or non-sensitive class or

The employee is convicted of any controlled dangerous substance offense within the last three (3)

years.

A first offender who is not a CDL holder, whose conduct does not fit into the above categories,

shall be referred to the EAP for mandatory participation in a rehabilitation program. This does not

guarantee employment in the same position.

If the employee is a CDL holder, the employee shall be referred to a SAP for evaluation or

recommended for termination in accordance with the Policy.

The employee shall not be returned to work unless the City receives confirmation of a negative Return

to Duty Drug Test.

If the employee is returned to work, he or she shall be subject to follow-up testing as described by

the policy.

E. Consequences of a First Positive Drug Test Result

An employee, who has a confirmed positive result for the first time, shall be recommended for

termination if;

The employee is currently subject to an Performance Improvement Plan to remain drug-free or

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alcohol-free, or

The employee had been required to participate in rehabilitation program within three (3) years of an

initial positive test for an employee working in a non- sensitive class and within five (5) years of an

initial positive test for an employee working in a sensitive class, or

The employee refuses to participate in, or fails to successfully complete an approved rehabilitation

program, or

The employee is convicted of an alcohol-related felony within the last three (3) years, or

The employee is convicted of any controlled dangerous substance offense within the last three (3)

years.

A first offender who is not a CDL holder, whose conduct does not fit into the above categories, shall

be referred to the EAP for mandatory participation in a rehabilitation program. This does not

guarantee employment in the same position.

The employee shall not be returned to work unless the City receives confirmation of a negative Return

to Duty Drug test after a five (5) day suspension without pay. After the five (5) day suspension

without pay, the employee may use accumulated leave to cover any necessary absences.

If the employee is a CDL holder, the employee shall be referred to a SAP for evaluation or

recommended for termination in accordance with this Policy.

The employee shall not be returned to work unless the City receives confirmation of a negative Return

to Duty Drug Test.

If the employee is returned to work, he or she shall be subject to follow- up testing as described

by this Policy.

Consequences of a Subsequent Positive Drug or Alcohol Test Result

If a non-sensitive class employee has tested positive, whether or not the employee has completed a

Mandatory Rehabilitation Program and later tests positive for drugs or alcohol within 3 years from

the date of the original test, then the employee shall be recommended for termination. If an employee

in a sensitive class has tested positive, whether or not the employee has completed a Mandatory

Rehabilitation Program, and later tests positive for drugs or alcohol within 5 years from the date of

the original test, then the employee shall be recommended for termination.

For those employees who test positive after completing the time period specified in the proceeding

paragraph for their class, disciplinary actions will be based on Section D for positive alcohol test and

Section E (above) for a positive drug test.

No employee may be afforded more than two opportunities for rehabilitation. An employee shall be

recommended for termination after two successful completions of mandatory rehabilitation

programs and subsequently tests positive for drug and/or alcohol.

Any employee who tampers with a sample provided for drug screening, violates chain-of-custody or

identification procedures, or falsifies a test result shall be recommended for termination.

IX. APPEALS

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Applicants in sensitive positions and employees who test positive may appeal to the Baltimore

Occupational Medical Services’ MRO, who is a physician, to request testing of a split specimen

sample. Decisions of the MRO regarding the interpretation of an individual's test results are subject

to further appeal through the grievance and Civil Service processes.

Permanent employees are entitled to follow the established grievance procedure for any violations

of this Policy. Classified Civil Service employees must follow the regular Civil Service appeal

procedures if they are terminated demoted or suspended for more than 30 days as a result of this

Policy and wish to appeal the disciplinary action.

In the event that drug or alcohol tests are found to be improperly ordered by the supervisor and

SACO, the test results shall be declared invalid and all records of the test results shall be removed

from the employee's files.

X. COMMERCIAL MOTOR VEHICLE DRIVERS

Effective January 1, 1995, under the federal Omnibus Transportation Employee Testing Act of 1991,

vehicle drivers who retain a (Maryland) Commercial Drivers License (CDL) are required to submit

to drug and alcohol testing. Many of the CDL requirements are discussed in other areas of this Policy.

The drug testing rules cover the same drivers as the alcohol testing rules, however, the types of tests

required and the circumstances requiring them may differ. For drug testing the types are:

A. Pre-employment (This is required by federal standard as opposed to alcohol testing pre-

employment which is not federally mandated): See Section III of this Policy for details on this

required testing.

B. Reasonable suspicion – conducted when a trained supervisor or City official observes behavior

or appearance that is characteristic of drug misuse. See Section III of this Policy for details on this

required testing.

C. Post-accident – conducted after accidents on drivers whose performance should have contributed

to the accident (as determined by Section III of this Policy).

D. Random – conducted on a random unannounced basis and shall comply with all requirements of

Section III.

E. Return-to-Duty – conducted when an individual who has violated the prohibited drug conduct

standards returns to performing sensitive duties. See Section III of this Policy for details on this

required testing.

F. Follow-up – shall exist, for each employee who has committed a DOT drug or alcohol regulation

violation, and who seeks to resume the performance or sensitive functions under a written follow-up

testing plan established by the SAP.

G. The SAP – shall not establish this plan until after the SAP determines that the employee has

successfully complied with all recommendations for education and/or treatment.

H. The SAP – shall present a copy of this plan directly to the Agency.

I. The SAP – is the sole determiner of the number and frequency of follow-up tests and whether

these tests will be for drugs alcohol or both.

Appendices

Revised: 12/15/21 Page 24 of 42

Appendix A – Sensitive Classes

Sensitive classes include all City drivers and are not limited to the classes listed herein. Such classes

have a substantially significant degree of responsibility for the safety of others and/or a potential in

which impaired performance of the employee could result in death of or injury to the employee or

others.

Job Code - Description

33352 - 911 Lead Operator

33351 - 911 Operator

33355 - 911 Operator Supervisor

10257 - Agency IT Associate

33146 - Agency IT Associate (Civil Service)

33152 - Agency IT Manager - I

33153 - Agency IT Manager - II

10262 - Agency IT Manager I

10263 - Agency IT Manager II

10269 - Agency IT Manager III

33157 - Agency IT Manager III (Civil Service)

10258 - Agency IT Specialist I

33147 - Agency IT Specialist I (civil service)

33148 - Agency IT Specialist II

10259 - Agency IT Specialist II (Non-Civil)

10260 - Agency IT Specialist III

33149 - Agency IT Specialist III (Civil Service)

33154 - Agency IT Specialist IV

10267 - Agency IT Specialist IV (Non-Civil)

33150 - Agency IT Supv/Project Manager

10261 - Agency IT Supv/Project Manager (Non-Civil)

00808 - Alcohol Assessment Counsel I

00807 - Alcohol Assessment Counsel II

00803 - Alcohol Assessment Counsel III

00802 - Alcohol Assessment Dir Coord

33145 - Analyst/Programmer Supervisor

41413 - Animal Control Investigator

41411 - Animal Enforcement Officer

83215 - Aquatic Center Director

83115 - Aquatic Center Leader

71425 - Assistant Watershed Manager

82121 - Associate Teacher Preschool (Civil Service)

53541 - Asst Chief Div of Utilities

52153 - Automotive Body & Fender Tech

52114 - Automotive Lead Mechanic

Appendices

Revised: 12/15/21 Page 25 of 42

52115 - Automotive Maintenance Supv I

52193 - Automotive Maintenance Worker

52110 - Automotive Mechanic

52105 - Automotive Mechanic Apprentice

52117 - Automotive Service Writer

52725 - Aviation Maintenance Prog Supv

52721 - Aviation Mech Air & Powerplant

52722 - Aviation Mech Inspector A & P

52723 - Avionics Tech Power Plant Mech

41236 - Battalion Fire Chief

41237 - Battalion Fire Chief ALS

41259 - Battalion Fire Chief Spec Oprn

31138 - Bike Share Program Coordinator

52541 - Bindery Worker I

52542 - Bindery Worker II

52543 - Bindery Worker III

52991 - Building Maint General Supv

72492 - Building Project Coordinator

01899 - Building Project Coordinator (Non-Civil)

53111 - Building Repairer

00082 - Building Repairer I

53115 - Building Repairer Supervisor

07339 - Building Services Supervisor

07340 - Cabinetmaker Convention Center

52231 - Cabinetmaker I

52232 - Cabinetmaker II

52235 - Cabinetmaker Supervisor

42325 - Cable Inspection Supervisor

42321 - Cable Inspector

52241 - Carpenter I

52242 - Carpenter II

52245 - Carpenter Supervisor

34211 - Cashier I

34233 - Cashier I Hourly

34212 - Cashier II

34215 - Cashier Supervisor I

54516 - CDL Driver I

54517 - CDL Driver II

54518 - CDL Driver III

53311 - Cement Finisher

00983 - Chauffeur Bands R&P

71521 - Chemist I

Appendices

Revised: 12/15/21 Page 26 of 42

71522 - Chemist II

71523 - Chemist III

10286 - Chief Investment Officer

10283 - Chief Medical Director

00877 - Chief Medical Officer Courts

00070 - Chief of Fiscal Services I (Non-CSC)

72646 - Chief of Surveys

41289 - Chief Risk Prog Plan & Dev ALS

41288 - Chief Risk Program Plan & Dev

08004 - Chief State's Attorney Lead

71412 - City Arborist

71418 - City Forestry Supervisor

61121 - Clinical Director Health Ctr

81116 - Clinical Social Work Supv

00787 - Coach

42931 - Code Enforcement Invst I

42933 - Code Enforcement Invst II

53707 - Coin Collection Worker

34241 - Collections Supervisor I

34242 - Collections Supervisor II

81442 - Community Coordinator (Civil Service)

61251 - Community Health Educator I

61252 - Community Health Educator II

61253 - Community Health Educator III

10224 - Community Health Nurse I

62211 - Community Health Nurse I

10225 - Community Health Nurse II

62212 - Community Health Nurse II

62215 - Community Health Nurse Supv I

62221 - Community Hlth Nurse I 10Mth

62222 - Community Hlth Nurse II 10Mth

01959 - Computer Analyst

53555 - Conduit Maintenance Supv I

42261 - Const Bldg Inspector I

42263 - Const Bldg Inspector I DGS

42262 - Const Bldg Inspector II

42264 - Const Bldg Inspector II DGS

42271 - Const Elect Inspector I

42273 - Const Elect Inspector I DGS

42272 - Const Elect Inspector II

42274 - Const Elect Inspector II DGS

42281 - Const Mech Inspector I

Appendices

Revised: 12/15/21 Page 27 of 42

42283 - Const Mech Inspector I DGS

42282 - Const Mech Inspector II

42284 - Const Mech Inspector II DGS

42221 - Construction Project Supervisor I

42222 - Construction Project Supv II

33120 - Control System Lead Operator

33119 - Control System Operator

33105 - Control System Operator Supv

07831 - Court Laboratory Assistant

00898 - Court Reporter

00071 - Court Security Assistant

00072 - Court Security Assistant Supv

00867 - Court Technologist

33216 - Crime Laboratory Assistant

10220 - Crossing Guard

82190 - Crossing Guard

82195 - Crossing Guard Supervisor I

62425 - Dental Asst Board Qualified

62441 - Dental Hygienist I

62442 - Dental Hygienist II

10281 - Deputy Police Commissioner (Non-Sworn)

10281S - Deputy Police Commissioner (Sworn)

10256 - Dir ATVES

82125 - Dir Day Care Center

62312 - Dir Oral Health Services

54492 - Drawbridge Operator

54437 - Driver I

54439 - Driver II

00631 - Driver Library

74392 - Economic Empowerment Officer

53421 - Elect Mech St Lighting I

53422 - Elect Mech St Lighting II

53425 - Elect Mech Supv St Lighting

54352 - Electrical Maint Tech II

54353 - Electrical Maint Tech III

54355 - Electrical Maint Tech Supv I

54356 - Electrical Maint Tech Supv II

52215 - Electrical Mech Supv

52210 - Electrical Mechanic Apprentice

52211 - Electrical Mechanic I

52212 - Electrical Mechanic II

52216 - Electrical Supv Licensed

Appendices

Revised: 12/15/21 Page 28 of 42

62721 - Emergency Medical Aide

62710 - Emergency Medical Technician

33691 - Employee Assistance Counselor I

33696 - Employee Assistance Counselor II

33697 - Employee Assistance Counselor III

41206 - EMT Fire Fighter

42932 - Environment Crimes Invst

42251 - Environmental Inspector

42511 - Environmental Sanitarian I

42512 - Environmental Sanitarian II

42992 - Environmental Technician

61291 - Epidemiologist

61293 - Epidemiologist Supervisor

62723 - Field Health Services Supv

72616 - Field Survey Supervisor

41256 - Fire Capt Urban Search Rescue

41238 - Fire Captain

41239 - Fire Captain ALS

41292 - Fire Captain OEM ALS

41287 - Fire Captain Safety & Risk Mgm

41270 - Fire Captain Safety Health ALS

41275 - Fire Captain Special Operation

41276 - Fire Captain Special Opns, ALS

41258 - Fire Captain USR ALS

00110 - Fire Commander

41301 - Fire Dispatch Supv Training QA

41245 - Fire Emergency Serv Ins Supv

41244 - Fire Emergency Serv Instru

41246 - Fire Emergency Serv Instru ALS

41247 - Fire Emergency Srvc Supv ALS

41218 - Fire Emergency Veh Drvr ALS

41208 - Fire Emergency Vehicle Driver

41248 - Fire Lieutenant

41249 - Fire Lieutenant ALS

41291 - Fire Lieutenant OEM ALS

41269 - Fire Lieutenant Safety & Risk

41222 - Fire Lt Invst & Prev Srvcs ALS

41285 - Fire Lt Safety & Health

41250 - Fire Lt Special Opns Dive

41255 - Fire Lt Urban Search & Rescue

41257 - Fire Lt USR ALS

Appendices

Revised: 12/15/21 Page 29 of 42

41217 - Fire Operations Aide

41231 - Fire Operations Aide ALS

41232 - Fire Operations Aide Supp ALS

41219 - Fire Pump Operator ALS

41266 - Fire Respiratory Tech

41267 - Fire Respiratory Tech ALS

33620 - Fire Srvc Education Specialist

41300 - Fire Systems Analyst

41215 - Firefighter

41207 - Firefighter Paramedic

10165 - Fiscal Legislative Analyst

34424 - Fiscal Officer (Civil)

52162 - Fleet Quality Control Analyst

10242 - Food Policy Director

00828 - Forensic Psych/Eval Courts

53693 - Forestry Technician

71264 - Fuel Systems Specialist

53523 - Gen Supt Utilities Maint Rep

81331 - Geriatric Day Care Aide

33187 - GIS Analyst

53155 - Graffiti Removal Supervisor

53692 - Greenhouse Supervisor

53675 - Grounds Maintenance Supervisor

61245 - Health Analysis Supervisor

62492 - Health Clinic Aide

62491 - Health Services Trainee

63331 - Hearing & Vision Tester 10 Mth

54213 - Heat Air Cond Tech III

54211 - Heat Air Conditioning Tech I

54212 - Heat Air Conditioning Tech II

54215 - Heating & Air Cond Tech Supv I

54216 - Heating Air Cond Tech Supv II

54431 - Heavy Equipment Operator I

54432 - Heavy Equipment Operator II

53331 - Highway Maintenance Supervisor

91110 - Holding Class I

91111 - Holding Class II

42132 - Housing Inspector

42129 - Housing Inspector Apprentice

42133 - Housing Inspector Senior

52134 - Hydraulic Mechanic

33159 - Information Tech Specialist

Appendices

Revised: 12/15/21 Page 30 of 42

42231 - Inspection Associate I

42232 - Inspection Associate II

42911 - Inspector Trainee

52620 - Instrument Tech Apprentice

52625 - Instrumentation Tech Supv I

52626 - Instrumentation Tech Supv II

52621 - Instrumentation Technician I

52622 - Instrumentation Technician II

33106 - IT Associate BCIT

33116 - IT Deputy Director BCIT

10185 - IT Director

10188 - IT Division Manager BCIT

33115 - IT Division Manager BCIT (Civil)

10186 - IT Manager

33112 - IT Manager BCIT

10187 - IT Project Manager (Non-Civil)

33114 - IT Project Manager BCIT

33107 - IT Specialist I BCIT

33109 - IT Specialist II BCIT

33110 - IT Specialist III BCIT

10266 - IT Specialist IV

33156 - IT Specialist IV BCIT

33111 - IT Supervisor BCIT

71511 - Laboratory Assistant I

71512 - Laboratory Assistant II

71527 - Laboratory Technical Admin

71526 - Laboratory Technical Supv

52941 - Laborer

52942 - Laborer Crew Leader I

52932 - Laborer Crew Leader I (Annually)

52943 - Laborer Crew Leader II

52931 - Laborer Hourly

32935 - Legal Assistant Supervisor

81423 - Liaison Officer Safe Streets

00625 - Library Bookmobile Operator

00661 - Library Building Repairer

00634 - Library Carpenter

42912 - License and Right of Way Insp

62260 - License Practical Nurse

62250 - License Practical Nurse 10 Mth

00853 - Licensed Clinical SW Supv

00841 - Licensed Grad Social Worker (Non-Civil)

Appendices

Revised: 12/15/21 Page 31 of 42

10223 - Licensed Practical Nurse

00796 - Lifeguard I

00797 - Lifeguard II

52415 - Line Maintenance Tech Supv

42941 - Liquor Board Inspector I

42942 - Liquor Board Inspector II

42944 - Liquor Board Inspector III

33204 - Liquor Brd Community Rep

75310 - Loan Servicing Officer

54361 - Maintenance Manager Mechanic Pumping

07348 - Maintenance Mechanic

54351 - Maintenance Tech Apprentice

41625 - Marine Dock Master

41622 - Marine Enforcement Agent I

41623 - Marine Enforcement Agent II

41260 - Marine Engineer Fire Dept ALS

54513 - Marine Equipment Operator I

54514 - Marine Equipment Operator II

41262 - Marine Pilot ALS

52221 - Mason I

52222 - Mason II

52225 - Mason Supervisor

42241 - Materials Inspector

54363 - Mechanical Maint Tech II

54364 - Mechanical Maint Tech III

54365 - Mechanical Maint Tech Supv I

54366 - Mechanical Maint Tech Supv II

53813 - Mechanical Sweeper Operator

63221 - Medical Lab Technologist

63225 - Medical Laboratory Tech Supv

10222 - Medical Office Assistant

61391 - Medical Office Asst

61392 - Medical Office Asst 10 Mth

00852 - Medical Psychiatrist Courts

81141 - Mental Health Analyst

81195 - Mental Health Program Asst

71531 - Microbiologist I

71532 - Microbiologist II

71533 - Microbiologist Supervisor

54445 - Motor Pool Supervisor

54441 - Motor Pool Worker I

54442 - Motor Pool Worker II

Appendices

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54421 - Motor Vehicle Driver I

54411 - Motor Vehicle Driver I Hourly

54422 - Motor Vehicle Driver II

54412 - Motor Vehicle Driver II Hourly

62294 - Nurse Practioner

62293 - Nurse Practioner 10 Mth

10226 - Nurse Practitioner

52552 - Offset Press Operator I

52553 - Offset Press Operator II

54311 - Operations Tech Apprentice

94311 - Operations Technician I

52271 - Painter I

07344 - Painter I Convention Center

52272 - Painter II

07390 - Painter II Convention Center

52273 - Painter III

52275 - Painter Supervisor

41612 - Parking Control Agent II

41615 - Parking Control Supervisor I

41616 - Parking Control Supv II

53711 - Parking Meter Mechanic

53715 - Parking Meter Mechanic Supv

52961 - Pest Control Worker

63393 - Phlebotomist

62413 - Physician's Assistant

52281 - Pipefitter I

52282 - Pipefitter II

52285 - Pipefitter Supervisor

53290 - Plant Building Maint Supv

10277 - Police Captain

10276 - Police Chief

10280 - Police Colonel

10282 - Police Commissioner

10275 - Police Inspector

10279 - Police Lieutenant Colonel

10278 - Police Major

71211 - Pollution Control Analyst I

71212 - Pollution Control Analyst II

71213 - Pollution Control Analyst III

71215 - Pollution Control Analyst Supv

71216 - Pollution Control Prog Admin

00416 - Program Compliance Officer I

Appendices

Revised: 12/15/21 Page 33 of 42

00417 - Program Compliance Officer II (Non-CSC)

00418 - Program Compliance Supervisor

10240 - Program Coordinator

31192 - Program Coordinator

62311 - Public Health Dentist

42571 - Public Health Investigator

10109 - Public Health Physician

10110 - Public Health Physician II

42561 - Public Health Rep II

42211 - Public Works Inspector I

42212 - Public Works Inspector II

42213 - Public Works Inspector III

54345 - Pumping Stations Oprs Manager

54341 - Pumping Stations Oprs Supv

54318 - Pumping Technician II

54319 - Pumping Technician III

54320 - Pumping Technician Supervisor

52421 - Radio Maintenance Tech I

52422 - Radio Maintenance Tech II

52425 - Radio Maintenance Tech Supv

52420 - Radio Maintenance Trainee

83213 - Recreation Area Manager

83211 - Recreation Center Director I

83212 - Recreation Center Director II

83210 - Recreation Center Director III

83216 - Recreation Inclusion Specialist

83111 - Recreation Leader I

83112 - Recreation Leader II

83113 - Recreation Leader II Elder

81243 - Registered Dietitian

10228 - Registered Nurse - School Health

62210 - Registered Nurse - School Health

62220 - Registered Nurse - School Health (10 Months)

34218 - Remittance Supervisor

34514 - Research Analyst Supervisor

33633 - Retirement Analyst I

33634 - Retirement Analyst II

33641 - Safety Enforcement Officer I

33642 - Safety Enforcement Officer II

33643 - Safety Enforcement Officer III

99000 - School Crossing Guard

10221 - School Health Aide

Appendices

Revised: 12/15/21 Page 34 of 42

62497 - School Health Aide

62494 - School Health Aide 10 Mth

41240 - Senior Fire Operation Aide ALS

41228 - Senior Fire Operations Aide

10048 - Senior Investment Analyst

81413 - Senior Youth Development Tech

42311 - Sewerline Video Inspector Tech

53371 - Sign Fabricator I

53372 - Sign Fabricator II

53790 - Small Engine Mech Apprentice

53791 - Small Engine Mechanic I

53792 - Small Engine Mechanic II

81110 - Social Work Associate I

81111 - Social Work Associate II

81115 - Social Work Supervisor

81112 - Social Worker I LGSW

81113 - Social Worker II

53812 - Solid Waste Driver

53814 - Solid Waste Lead Worker

53815 - Solid Waste Supervisor

53811 - Solid Waste Worker

41613 - Special Traffic Enfor Officer

00786 - Sports Coordinator

00666 - Storekeeper

33561 - Storekeeper I

33562 - Storekeeper II

33563 - Storekeeper II Auto Parts

33565 - Stores Supervisor I

33564 - Stores Supervisor I Auto Parts

33566 - Stores Supervisor II

53312 - Street Mason

53521 - Supt Utilities Maint & Repair

53531 - Supt Waste Water Maint Repair

72611 - Survey Technician I

72612 - Survey Technician II

72613 - Survey Technician III

72614 - Survey Technician IV

00795 - Swimming Pool Attendant

00793 - Swimming Pool Manager

00794 - Swimming Pool Operator

82122 - Teacher Preschool

82111 - Teacher's Asst I

Appendices

Revised: 12/15/21 Page 35 of 42

82112 - Teacher's Asst II Preschool

52194 - Tire Maintenance Worker I

52195 - Tire Maintenance Worker II

54461 - Tow Truck Operator

54440 - Tractor Trailer Driver

52911 - Trades Helper

42411 - Traffic Investigator I

42412 - Traffic Investigator II

42413 - Traffic Investigator III

42415 - Traffic Investigator Supv

53321 - Traffic Maint Worker I

53322 - Traffic Maint Worker II

53325 - Traffic Maint Worker Supv

31993 - Traffic Safety Coordinator

31994 - Traffic Safety Manager

53411 - Traffic Signal Installer I

53412 - Traffic Signal Installer II

53413 - Traffic Signal Installer III

53415 - Traffic Signal Maint Supv

00809 - Training Coordinator

31981 - Transit Services Administrator

41627 - Transportation Enfor Off II

41628 - Transportation Enfor Supv I

41629 - Transportation Enfor Supv II

41626 - Transportation Enforc Off I

82191 - Transportation Safety Inst I

82194 - Transportation Safety Inst II

53655 - Tree Service Supv I

53656 - Tree Service Supv II

53651 - Tree Trimmer

52920 - Tree Trimmer Apprentice

71411 - Urban Forester

53511 - Utilities Inst Repair I

53512 - Utilities Inst Repair II

53513 - Utilities Inst Repair III

53515 - Utilities Inst Repair Supv I

53516 - Utilities Inst Repair Supv II

52951 - Utility Aide

34311 - Utility Meter Reader I

34312 - Utility Meter Reader II

34315 - Utility Meter Reader Supv

34320 - Utility Meter Technician Supt

Appendices

Revised: 12/15/21 Page 36 of 42

32221 - Vehicle Damage Investigator

54325 - Water Pumping Asst Manager

42330 - Water Service Inspector

34321 - Water Service Representative

54322 - Water Systems Pumping Manager

54316 - Water Systems Pumping Supv

54323 - Water Systems Treatment Mgr

54317 - Water Systems Treatment Supv

54324 - Water Treatment Asst Manager

54312 - Water Treatment Tech II

54313 - Water Treatment Tech III

54315 - Water Treatment Tech Supv

71421 - Watershed Forester

53691 - Watershed Maint Supv

71426 - Watershed Manager

41520 - Watershed Ranger I

41523 - Watershed Ranger II

41524 - Watershed Ranger III

41525 - Watershed Ranger Supervisor

52311 - Welder

52310 - Welder Assistant

52315 - Welder Supv

54358 - WW Maint Mgr Instrumentation

54359 - WW Maint Mgr Mechanical

54332 - WW Opns Tech II Pump

54333 - WW Opns Tech II Sanitary

54354 - WW Plant Coordinator

54339 - WW Plant Manager

54337 - WW Plant Opns Supv

54335 - WW Tech Supv I Pump

54336 - WW Tech Supv II Pump

54338 - WW Tech Supv II Sanitary

54334 - WW Techn Supv I Sanitary

10232 - WWW Division Manager I

10233 - WWW Division Manager II

81410 - Youth Development Aide I

81411 - Youth Development Aide II

81420 - Youth Development Aide Supv

81412 - Youth Development Tech

Appendices

Revised: 12/15/21 Page 37 of 42

APPENDIX B - DRUG/ALCOHOL TEST ORDER FORMS

Appendices

Revised: 12/15/21 Page 38 of 42

Appendices

Revised: 12/15/21 Page 39 of 42

APPENDIX C - NON-REGULATED DRUG/ALCOHOL PRETEST NOTICE AND CONSENT

FORMS

CITY OF BALTIMORE

NON-REGULATED DRUG/ALCOHOL PRETEST NOTICE AND CONSENT FORM

(City Employees)

PERSON TO BE TESTED:

SOCIAL SECURITY NUMBER:

CURRENT JOB TITLE:

I hereby consent to provide a sample, as required, to City of Baltimore Occupational Medical Services (Mercy Clinic) or its

agents to test for drugs or alcohol.

1 I have received a copy of the Baltimore City Substance Abuse Control Policy.

1. I am aware that the drug or alcohol test will include the use of a breathalyzer, or a urinalysis for alcohol,

amphetamines, benzodiazepines, cannabinoids, cocaine metabolite, methadone, opiates, phencyclidine, and

other drugs ordered by the City of Baltimore Occupational Medical Services.

2. I am aware that initial test results that indicate the use of the above substance(s) will be confirmed through the

use of a second, more sensitive test.

3. I am aware that if these drug/alcohol tests are positive, I may be subject to disciplinary action consistent with the

Substance Abuse Control Policy, and I may be required by the City to participate in a rehabilitation program as a

condition of my continued employment.

4. I am aware that if these drug/alcohol tests are positive, I have the right to provide an explanation to the Mercy

Clinic and to my supervisor. I also have the right to disclose any medications I use to the Mercy Clinic, which will

maintain that information as confidential.

5. I am aware that if these drug/alcohol tests are positive, I have the right to request an independent testing of the

split sample for verification of the test results by a laboratory that holds a permit under Maryland laws. I

understand I must pay for any such further test. I am aware that my request must be made, in writing to my

agency’s Human Resources Office, within 5 business days of the date I am notified of the results.

Signature Date

I hereby refuse to provide a breath and/or urine sample as required by my supervisor or the City of Baltimore

Occupational Medical Services. I may be subject to disciplinary action consistent with the City's Substance Abuse Control

Policy.

Signature Date

Witness Date

Appendices

Revised: 12/15/21 Page 40 of 42

CITY OF BALTIMORE

NON-REGULATED DRUG/ALCOHOL PRETEST NOTICE AND CONSENT FORM

(Applicants for Employment or Promotion)

PERSON TO BE TESTED:

SOCIAL SECURITY NUMBER:

DESIRED/FUTURE JOB TITLE:

I hereby consent to provide a sample, as required, to City of Baltimore Occupational Medical Services (Mercy Clinic) or its

agents to test for drugs or alcohol.

I. I have received a copy of the Baltimore City Substance Abuse Control Policy.

II. I am aware that the drug or alcohol test will include the use of a breathalyzer, or a urinalysis for alcohol,

amphetamines, benzodiazepines, cannabinoids, cocaine metabolite, methadone, opiates, phencyclidine, and other drugs

ordered by the City of Baltimore Occupational Medical Services.

III. I am aware that initial test results that indicate the use of the above substance(s) will be confirmed through the

use of a second, more sensitive test.

IV. I am aware that if these drug/alcohol tests are positive, I may not be recommended for hire and/or may be subject

to disciplinary action consistent with the City’s Substance Abuse Control Policy. I am aware that if I am currently employed

with the City, I may also be required to participate in a rehabilitation program as a condition of my continued City

employment.

V. I am aware that if these drug/alcohol tests are positive, I have the right to provide an explanation to the Mercy

Clinic and to my supervisor. I also have the right to disclose any medications I use to the Mercy Clinic, which will maintain

that information as confidential.

VI. I am aware that if these drug/alcohol tests are positive, I have the right to request an independent testing of the

split sample for verification of the test results by a laboratory that holds a permit under Maryland laws. I understand I must

pay for any such further test. I am aware that my request must be made, in writing to my agency’s Human Resources

Office, within 5 business days of the date I am notified of the results.

Signature Date

I hereby refuse to provide a breath and/or urine sample as required by my supervisor or the City of Baltimore

Occupational Medical Services. I may be subject to disciplinary action consistent with the City's Substance Abuse Control

Policy.

Signature Date

Witness Date

Appendices

Revised: 12/15/21 Page 41 of 42

APPENDIX D - SAMPLE PERFORMANCE IMPROVEMENT PLAN

Performance Improvement Plan

Sample

J.P. Employee

Bureau of

WORK/BEHAVIOR WHICH REQUIRES IMPROVEMENT:

A positive alcohol/drug test on (date).

Other work/behavior that needs improvement if needed (e.g., additional training, sick leave,

closer supervision, etc.).

DEADLINES FOR IMPROVEMENT:

Must comply with and be monitored by the Employee Assistance Program (EAP) until (dated

usually one year later)

Must be completely abstinent from drugs and alcohol according to the Baltimore City

Substance Abuse Control Policy.

Must maintain satisfactory performance and attendance on the job.

Etc.

STEPS TO BE TAKEN BY THE EMPLOYEE AND SUPERVISOR:

Employee is to remain drug and alcohol free. Employee is subject to unscheduled testing by

EAP Counselor or supervisor during the time the Performance Improvement Plan is in effect.

Employees must comply with all EAP recommendations. Employee is to successfully complete

a rehabilitation program as recommended or agreed to by EAP. Employee is to successfully

complete one year monitoring by the EAP and the supervisor.

Employee must comply with the Treatment Contract with the EAP and complete the Monitoring

Program.

Supervisor will monitor employee and send for testing at the supervisor's discretion during

the time the Performance Improvement Plan is in effect.

Superintendent/Supervisor

I EITHER ACKNOWLEDGE READING OR HAVING BEEN READ THE ABOVE MEMO.

Employee

WITNESS:

If Employee Refuses to sign

Appendices

Revised: 12/15/21 Page 42 of 42

Appendix E – Employee Acknowledgment

Acknowledgment of Substance Abuse Control Policy

I, [employee name], have received a personal copy of the Substance Abuse Control Policy, to

review and maintain in my personal records. This signed copy acknowledges that I did receive

a copy of the policy for my use. It also acknowledges that I agree to review the policy, and if I

do not understand any sections that I immediately contact my supervisor for further

explanation.

I understand that every employee of the City of Baltimore has a right to a safe and drug- free

workplace. Every citizen of Baltimore has a right to require public employees to be alcohol-

free and drug-free because public health, safety and welfare are threatened by substance abuse

by City employees.

The City of Baltimore believes that the threat to public safety posed by employees who are

substance abusers is a legitimate basis for establishing a drug-testing program, as described in

this policy. Substance abuse testing is appropriate when conducted for the purpose of

determining whether City employees are using drugs that could affect their abilities to safely

perform their work. While substance abuse testing is not always required to establish that an

employee is abusing drugs or alcohol, it is especially important when there is a disagreement

between the employee and the supervisor about the employee’s actions. The City of Baltimore

also has a legitimate interest in assuring the public that none of the City's employees are under

the influence of drugs or alcohol while on duty or on call for duty, where applicable, and that

they are fully capable of performing their duties.

I am aware that any violation of the policy by me will subject me to disciplinary action, up to

and including discharge from employment or contract. I also am aware that a copy of this

Acknowledgment will become part of my agency personnel file.

Print Name of Employee

Employee Signature

Date Signed

Print Supervisor or Witness

Supervisor/Witness Signature

Date Signed