CITY OF HOUSTON

EXECUTIVE ORDER

SUBJECT

MAYOR'S DRUG DETECTION ANDDETERRENCE PROCEDURES FOR CONTRACTORS

E. O. No.

1-31 RevisedEffee nve Date

Upon Approval

1.0 PURPOSE

To provide procedures for implementation of the Mayor'sAmended Drug Detection and Deterrence Policy as applicable tocontractors who do business with the City of Houston. Theseprocedures are based upon the City's commitment to maintain asafe, healthful and productive work environment for allemployees and contractors, and to ensure the safe andefficient delivery of contracted services to citizens of theCity of Houston.

2.0 OBJECTIVES

2.1 To establish a procedure to achieve a drug-freeworkforce and to provide a workplace that is free ofillegal drugs and substance abuse.

2.2 To establish a procedure for drug screening bycontractors where there is reasonable suspicion that anemployee has certain banned illegal or illicit substancesin their system while on duty or in the performance ofthe scope of a contract with the City.

2.3 To establish a procedure for random drug screening ofcontractor employees in positions that have a significantimpact upon the safety of themselves or others.

2.4 To establish a procedure for post accident drug screeningof contractor employees.

3.0 POLICY

It is the policy of the City of Houston that the manufacture,distribution, dispensation, possession, sale or use of illegaldrugs or alcohol by contractors while on duty for or in behalfof the City is prohibited. The City's goal is to establishand maintain a work environment that is free from the effectsof use of certain banned substances or alcohol. Consequently,contractors are prohibited from being at work or acting in thescope of their contract with the City while impaired byalcohol or with certain banned substances present in theirsystems, on their persons, or on City worksites and premises.This policy incorporates any off duty use or misuse of certainbanned substances that result in a positive drug test pursuantto these procedures.

Approved Date Approved

March 1 , 1995page

CITY OF HOUSTON

4 . 0 SCOPE

This procedure applies to all city of Houston contracts forlabor and/or services except the following:

4.1

4.2

4.3

4.4

4.5

Contracts authorized by Emergency Purchase Orders.

Contracts in which imposition of the requirements of thisExecutive Order would exclude all potential bidders orproposers or would eliminate meaningful competition forthe contract.

Contracts with companies that have fewer than fifteenemployees during any 20-week period during a calendaryear and no safety impact positions.

Contracts with non-profit organizations providingservices at no cost or reduced cost to the public.

Contracts with federal,entities.

state, or local governmental

5.0 DEFINITIONS

5.1 ACCIDENT means an unexpected or unintended eventresulting in a time loss personal injury or significantproperty damage.

5.2 CONTRACT includes prime contracts and subcontracts.

5.3 CONTRACTOR means an individual or company that hascontracted with the City of Houston to provide laborand/or services to the City of Houston. This termincludes employees of the contractor and subcontractorsproviding labor and/or services, but excludes vendors orsuppliers of materials or other goods.

5.4 CONTRACT COMPLIANCE OFFICER FOR DRUG TESTING (CCODT)means the individual in each City of Houston departmentdesignated to receive the required drug testing policies,agreements, certifications and reports from contractors.

5.5 CONTRACTOR CONTACT PERSON means the designated individualfor the City to call regarding suspicion of drug use ofan employee of a contractor.

5.6 CITY PREMISES means all City facilities, theirsurrounding grounds and parking lots, worksites andleased space.

SUBJECT

MAYOR'S DRUG DETECTION ANDDETERRENCE PROCEDURES FORCONTRACTORS

E. O. No.

1-31 RevisedEffective Dote

March 1, 1995

page

2 of in

CITY OF HOUSTON

5.7 COLLECTION SITE means a site where urine samples arecollected from a contractor employee in compliance withfederal Department of Health and Human Services (DHHS)collection guidelines.

5.8 DEPARTMENT DIRECTOR means all City of Houston DepartmentDirectors, the Division Director and Chief (s) of Staff ofthe Mayor's Office, and the City Controller. The MayorPro Tern is the Department Director for Council Members.

5.9 DIRECTOR OF PERSONNEL means the Department Director ofthe City of Houston's Personnel Department.

5.10 DRUG/BANNED SUBSTANCE means any chemical substance thatis defined by any statute as a controlled substance orwhich may produce physical, mental, emotional, orbehavioral change in the user. The specific substanceswhich are banned for purposes of this policy are setforth in Section 8.0.

5.11 DRUG-FREE WORKPLACE means every site for the performanceof work for or on behalf of the City of Houston at whichCity employees and contractors are prohibited fromengaging in the unlawful manufacture, distribution,dispensation, possession, sale, or use of drugs/bannedsubstances.

5.12 DRUG SCREENING/DRUG TESTING means a procedure to, at aminimum, screen and/or test urine samples for the purposeof detecting the presence of amphetamines, cocainemetabolites, opiate metabolites, phencyclidine, andmarijuana metabolites.

5.13 LABORATORY means a federal Department of Health and HumanServices (DHHS) certified laboratory authorized by thecontractor to perform drug screening/testing.

5.14 MEDICAL REVIEW OFFICER (MRO) means a physician authorizedby the contractor to review and interpret drug testresults.

5.15 ON DUTY means that time period that constitutes acontractor's work day, or that time period when anyaffected employee has been recalled to work.

5.16 RANDOM means a selection process (for drug testing) basedon a scientific, unbiased method, lacking a definite orpredetermined pattern.

5.17 REASONABLE SUSPICION means an articulable belief based onspecific facts and reasonable inferences drawn from thosefacts.

SUBJECTMAYOR'S DRUG DETECTION ANDDETERRENCE PROCEDURES FORCONTRACTORS

E. O. No.1-31 Revised

Effective DoteMarch 1, 1995

poge

.3 Of 1Q.

CITY OF HOUSTON

m 5.18 SAFETY IMPACT POSITION means a contractor's employmentposition involving job duties that if performed withinattentiveness, errors in judgment, or diminishedcoordination, dexterity, or composure may result inmistakes that could present a real and/or imminent threatto the personal health or safety of the employee, co-workers, and/or the public.

6.0 RESPONSIBILITIES

6.1 All contractors are responsible for reviewing andcomplying with the Mayor's Amended Policy on DrugDetection and Deterrence (Mayor's Policy) and the Mayor'sDrug Detection and Deterrence Procedures for Contractors(Executive Order), developing and implementing a writtendrug-free workplace policy, and providing a copy of theirdrug-free workplace policy to the contractingdepartment's Contract Compliance Officer for Drug Testing(CCODT) as designated by the contracting department inthe Request for Proposal.

6.2 All contractors are required to complete and submit aDrug Policy Compliance Agreement and, if applicable, aContractor's Certification of No Safety Impact PositionsIn Performance of a City Contract to the contractingdepartment's CCODT before a City contract is awarded.Examples of each are attached to this Executive Order asAttachments A and C.

6.3 All contractors are required to designate in writing allsafety impact positions, if any, within the company to beutilized in performing a City contract. A contractordesignating safety impact positions pursuant to thisExecutive Order shall:

a. obtain a facility to collect urine samplesconsistent with federal Department of Health andHuman Services (DHHS) guidelines,

b. obtain a DHHS certified laboratory to perform drugtests,

c. monitor and keep records of drug tests given andtheir results,

d. supply reports and documentation of drug testsgiven and/or results of such testing as requestedby the City of Houston, and

e. submit semi-annual and final Drug Policy ComplianceDeclarations to the contracting department's CCODT.

SUBJECT

MAYOR'S DRUG DETECTION ANDDETERRENCE PROCEDURES FORCONTRACTORS

E. O. No.

Effective DoteMarch 1, 1995

page

4 nf 10

CITY OF HOUSTON

6.4 If no safety impact positions have been certifiedpursuant to this Executive Order, the contractor has acontinuing obligation after the initial certification tonotify the Director of the City's Personnel Department ifthis situation changes and safety impact positions areestablished in the company to be utilized in performingCity contracts, and to establish and implement additionaldrug testing procedures for random testing in compliancewith this Executive Order.

6.5 All contractor employees are responsible for reviewingand complying with this Executive Order and thecontractor's own policies and procedures for drugtesting.

6.6 Each Department Director is responsible for appointing aCCODT and giving written notice to each contractor of theappointment. The CCODT may be someone other than thedepartment's contract administrator. The CCODT shallreceive the contractor's required Drug Policy ComplianceAgreement, Drug Compliance Declaration and/orContractor's Certification Of No Safety Impact PositionsIn Performance Of A City Contract (form) . The CCODTshall forward these agreements, declarations and/orcertifications to the Director of Personnel with a reportof the contractor's drug testing activity.

6.7 The Director of Personnel is responsible for maintainingall Drug Policy Compliance Agreements, Drug ComplianceDeclarations, and Contractor's Certification Of No SafetyImpact Positions In Performance Of A City Contract formsreceived from each department's CCODT. The Director ofPersonnel shall develop the reporting format to be usedby the CCODT for the contractor drug testing activity.Additionally, the Director of Personnel shallperiodically prepare a report reflecting citywidecontractor drug testing activity.

7.0 BASIS FOR TESTING

7.1 Contractor drugrequirements forcircumstances:

procedures will stipulate thedrug testing under the following

7.1.1 Random - All contractor employees who performjob duties that are defined as safety impactpositions shall be subject to random drugtesting. All employees in positions definedas safety impact positions shall be eligiblefor each random selection. The contractorshall randomly drug test a number equal to atleast 25% of the employees in safety impactpositions annually. Drug testing shall be

SUBJECT MAYOR'S DRUG DETECTION ANDDETERRENCE PROCEDURES FORCONTRACTORS

£. O. No. 1-31 Revised

Effective DateMarch 1.

page5 of 10

CITY OF HOUSTON

evenly distributed over the term of thecontract or the year, whichever is shorter.

Contractors may enter into multi-contractor ormulti-contract pooling arrangements, subjectto the approval of the director (or designee)of the department involved, as long as thosearrangements comply with the requirements ofthese procedures.

7.1.2 Reasonable suspicion - Contractors shall drugtest employees when reasonable suspicion totest exists. "Reasonable suspicion" means anarticulable belief based on specific facts andreasonable inferences drawn from those factsthat an employee is under the influence ofillegal drugs/banned substances. Specificdesignated acts or conduct can create areasonable suspicion or trigger a request fora drug screen. Circumstances which canconstitute a basis for determining reasonablesuspicion may include, but are not limited to:

a. abnormal or erratic behavior on the partof the employee;

b. information provided by a reliable andcredible source;

c. direct observation of drug use; ord. presence of the physical symptoms of drug

use (i.e., glassy or bloodshot eyes,slurred speech, poor coordination orreflexes).

Employees reasonably suspected to be under theinfluence of drugs shall be prevented fromengaging in further work of any sort for theCity and will give the contractor cause tosubject them to immediate drug testing inaccordance with the procedures set forth inthis Executive Order.

The City will cooperate in all aspects ofsupplying statements that might provide abasis for reasonable suspicion.

7.1.3 Post accident - The contractor drug policyshall mandate drug testing if an employee hasbeen involved in a work related accident on aCity contract that involves an injury tohimself or to another or causes propertydamage.

SUBJECT M A Y O R ' S DRUG D E T E C T I O N A N DD E T E R R E N C E PROCEDURES FORCONTRACTORS

E. O. No. 1-31 Revised

Effective Oatepage

CITY OF HOUSTON

m

7.1.4 A contractor's drug policy is not limited tothe drug testing criteria in these proceduresand may be more stringent.

7.1.5 Contractors may be subject to other drugtesting related requirements as specified intheir contract with the City of Houston.

8.0 DRUG TESTING PROCEDURES

8.1 Contractors shall develop and follow their own drugtesting procedures, if required to do so.

8.2 When drug screening of employees is required orauthorized under the contractor policy or procedures, aurinalysis test shall be given to detect the presence ofamphetamines, cocaine metabolites, opiate metabolites,phencyclidine, and for marijuana metabolites.

8.2.1 Any drug screen under the provisions of thisExecutive Order shall include a urinalysistest to detect the presence of the followingdrug groups:

DRUG GROUP

a. Amphetamines

INITIAL CONFIRMATORYEMIT SCREEN GC/MS TEST

(ng/ml) (ng/ml)

1000

b.

c.

d.

e.

AmphetamineMethamphetamine

Cocaine Metabolites

Opiate Metabolites

MorphineCodeine

Phencyclidine

Marijuana Metabolites

* Benzoylecgonine

300

300

25

100

500500

150*

300300

25

15**

inl _ Q _

carboxylic acid

SUBJECTMAYOR'S DRUG DETECTION ANDDETERRENCE PROCEDURES FORCONTRACTORS

E. O. No.1-31 Revised

Effective DateMarch 1, 1995

page

7 Of 10

CITY OF HOUSTON

8.2.2 An initial screening shall use the enzymeimmunoassay techniques (EMIT) test and aconfirmatory test shall use the gaschromatography/mass spectrometry (GC/MS) test.Both tests must be performed and confirmedpositive by a Medical Review Officer beforeany notice of a positive test result will beprovided to the employee.

8.2.3 At a minimum, contractors shall test for thedrugs/banned substances specified herein. Thecutoff levels may be lower for the bannedsubstances listed herein, but shall not behigher than the levels in this ExecutiveOrder.

8.3 Upon observing conduct that would give rise to areasonable suspicion, a City supervisor shall communicatewith the contractor contact person to inform that personof the factors constituting such reasonable suspicion.

8.4 As appropriate, if drug use is suspected by acontractor's employee, the City has the authority totemporarily remove a contractor's employee off a job orrequire the contractor's employee to leave a Cityworksite if it is in the best interest of the City to doso. In such an instance, the Department Director ordesignee of the department holding the contract shallauthorize the removal.

8.5 All contractors shall adhere to this Executive Order.

8.5.1 Contractors who have safety impactpositions pursuant to this ExecutiveOrder shall file a completed Drug PolicyCompliance Declaration on a semi-annualbasis as stipulated in the Drug PolicyCompliance Agreement with the contractingdepartment's CCODT on or before 30 daysfollowing the expiration of 6 months ofperformance under the contract or thecompletion of the contract if less than 6months. An example of the Drug PolicyCompliance Declaration is attached tothis Executive Order (Attachment B ) .

- 8.5.2 Contractors may substitute Department ofTransportation compliance that requiresdrug testing standards equal to orexceeding this Executive Order on aformat approved by the Director ofPersonnel.

SUBJECTMAYOR'S DRUG DETECTION ANDDETERRENCE PROCEDURES FORCONTRACTORS

E. O. No.1-31 Revised

Effective DoteMarch 1 , 1995

page

8 Of 10

CITY OF HOUSTON

9.0 POSSESSION OF DRUGS; CONSEQUENCE OF POSSESSION

9.1 Contractor employees are prohibited from possessing,using, distributing, dispensing, manufacturing, sellingor having in their possession or control any drug/bannedsubstance while on duty on City premises, or while actingin the course and scope of their contract at anygeographic location.

9.2 Possession or control can include an employee's person orpersonal property if on City premises, a contractor'smotor vehicle/equipment under the employee's control, orproperty provided by the contractor under an employee'scontrol including, but not limited to tool boxes,lockers, desks, and files.

9.3 An employee who is determined to have violated thisprovision shall be treated in accordance with Section10.1.

10.0 CONSEQUENCE OF POSITIVE TEST RESULT

10.1 A contractor employee who has a confirmed positive testresult pursuant to a drug test required by theseprocedures shall be permanently removed from any contractCity worksite.

11.0 CONSEQUENCE OF REFUSAL TO CONSENT TO A DRUG TEST

11.1 Any contractor employee who refuses to consent to a drugtest after notification of the consequences of refusalshall be permanently removed from any contract Cityworksite.

11.2 Any contractor employee who consents to a drug test butfails to appear timely at the collection site or whofails to give their urine sample after reasonableopportunity to do so, will be considered as havingrefused to consent to a drug test and treated inaccordance with Section 11.1.

12.0 CONSEQUENCE OF FAILURE TO COMPLY WITH THIS EXECUTIVE ORDER

12.1 Any contractor who fails to comply with this ExecutiveOrder, to complete, execute and submit the Drug PolicyCompliance Agreement and, if applicable, the Contractor'sCertification of No Safety Impact Positions InPerformance of a City Contract, the semi-annual DrugPolicy Compliance Declaration or any requested drugtesting records timely if required to do so by thispolicy, shall be considered in breach of contract and maybe subject to having the contract with the City ofHouston terminated.

SUBJECT MAYOR'S DRUG DETECTION ANDDETERRENCE PROCEDURES FORCONTRACTORS

E. O. No. 1-31 Revised

Effective Dater h 1 1QO«:

page9 Of 10

CITY OF HOUSTON

12.2 Any contractor who falsifies any test records, reports ordeclarations required by this Executive Order shall beconsidered in breach of contract and the City of Houstoncontract will be terminated.

13.0 COMPLIANCE WITH LAWS

Contractors shall comply with all applicable laws regardingdrug testing of employees. In the event of a conflict betweenthese procedures and an applicable drug testing law, theapplicable law shall prevail.

SUBJECTMAYOR'S DRUG DETECTION ANDDETERRENCE PROCEDURES FORCONTRACTORS

E. O. No.1-31 Revised

Effective DateMarch 1, 1995

page

i n i n

lU INDEX

1.0 PURPOSE 1

2.0 OBJECTIVES 1

3.0 POLICY 1

4.0 SCOPE 2

5.0 DEFINITIONS 25.1 ACCIDENT 25.2 CONTRACT 25.3 CONTRACTOR 25.4 CONTRACT COMPLIANCE OFFICER FOR DRUG TESTING . . . 25.5 CONTRACTOR CONTACT PERSON 25.6 CITY PREMISES 25.7 COLLECTION SITE 35.8 DEPARTMENT DIRECTOR 35.9 DIRECTOR OF PERSONNEL 35.11 DRUG-FREE WORKPLACE 35.12 DRUG SCREENING/DRUG TESTING 35.13 LABORATORY 3

J 5.14 MEDICAL REVIEW OFFICER (MRO) 3

5.15 ON DUTY 35.16 RANDOM . . 35.17 REASONABLE SUSPICION 3

5.18 SAFETY IMPACT POSITION 4

6.0 RESPONSIBILITIES 4

7.0 BASIS FOR TESTING 5

8.0 DRUG TESTING PROCEDURES 7

9.0 POSSESSION OF DRUGS; CONSEQUENCE OF POSSESSION 9

10.0 CONSEQUENCE OF POSITIVE TEST RESULT 9

11.0 CONSEQUENCE OF REFUSAL TO CONSENT TO A DRUG TEST . . . . 9

12.0 CONSEQUENCE OF FAILURE TO COMPLY WITH THIS EXECUTIVE ORDER 9

13.0 COMPLIANCE WITH LAWS 10

ATTACHMENT - DRUG POLICY COMPLIANCE AGREEMENT A

ATTACHMENT - DRUG POLICY COMPLIANCE DECLARATION B

y| ATTACHMENT - CONTRACTOR'S CERTIFICATION OF NO SAFETY IMPACTH POSITIONS IN PERFORMANCE OF A CITY CONTRACT . . . . C

(I DRUG POLICY COMPLIANCE AGREEMENT

I, as an owner or officer of(Name) (Print/Type) (Title)

(Contractor)(Name of Company)have authority to bind Contractor with respect to its bid, offer or performance of any and allcontracts it may enter into with the City of Houston; and that by making this Agreement, Iaffirm that the Contractor is aware of and by the time the contract is awarded will be bound byand agree to designate appropriate safety impact positions for company employee positions, andto comply with the following requirements before the City issues a notice to proceed:

1. Develop and implement a written Drug Free Workplace Policy and related drugtesting procedures for the Contractor that meet the criteria and requirementsestablished by the Mayor's Amended Policy on Drug Detection and Deterrence(Mayor's Drug Policy) and the Mayor's Drug Detection and DeterrenceProcedures for Contractors (Executive Order No. 1-31).

2. Obtain a facility to collect urine samples consistent with federal Department ofHealth and Human Services (DHHS) guidelines and a DHHS certified drugtesting laboratory to perform the drug tests.

3. Monitor and keep records of drug tests given and the results; and upon requestfrom the City of Houston, provide confirmation of such testing and results.

4. Submit semi-annual Drug Policy Compliance Declarations.

I affirm on behalf of the Contractor that full compliance with the Mayor's Drug Policy andExecutive Order No. 1-31 is a material condition of the contract with the City of Houston.

I further acknowledge that falsification, failure to comply with or failure to timely submitdeclarations and/or documentation in compliance with the Mayor's Drug Policy and/or ExecutiveOrder No. 1-31 will be considered a breach of the contract with the City and may result in non-award or termination of the contract by the City of Houston.

Date Contractor Name

Signature

Titlec:\michal\du253

(Attachment A)

DRUG POLICY COMPLIANCE DECLARATION

I, as an owner or officer of(Name) (Print/Type) (Title)

(Contractor)(Name of Company)

have personal knowledge and full authority to make the following declarations:

This reporting period covers the preceding six months from to , 19 .

A written Drug Free Workplace Policy has been implemented and employees notified. The policy meets theInitials criteria established by the Mayor's Amended Policy on Drug Detection and Deterrence (Mayor's Policy).

Written drug testing procedures have been implemented in conformity with the Mayor's Drug Detection andInitials Deterrence Procedures for Contractors, Executive Order No. 1-31. Employees have been notified of such

procedures.

Collection/testing has been conducted in compliance with federal Department of Health and Human ServicesInitials (DHHS) guidelines.

Appropriate safety impact positions have been designated for employee positions performing on theInitials City of Houston contract. The number of employees in safety impact positions during this reporting period is

From to the following testing has occurred:Initials (start date) (end date)

Reasonable PostRandom Suspicion Accident Total

Number Employees Tested

Number Employees Positive

Percent Employees Positive

Any employee who tested positive was immediately removed from the City worksite consistent with theInitials Mayor's Policy and Executive Order No. 1-31.

I affirm that falsification or failure to submit this declaration timely in accordance with established guidelinesInitials will be considered a breach of contract.

I declare under penalty of perjury that the affirmations made herein and all information contained in thisdeclaration are within my personal knowledge and are true and correct

Date Contractor Name

Signature

Title

c:\mich«j\ck«253i • (Attachment B)

£-|S Contractor's Certification\ffl Of No Safety Impact Positions

In Performance Of A City Contract

I(Name) (Print/Type) (Title)

as an owner or officer of (Contractor)(Name of Company)

have authority to bind the Contractor with respect to its bid, and I hereby certify that Contractor

has no employee safety impact positions as defined in §5.18 of Executive Order No. 1-31 that

will be involved in performing this City Contract. Contractor agrees and covenants that it shall

immediately notify the City's Director of Personnel if any safety impact positions are established

to provide services in performing this City Contract.

Date Contractor Name

Signature

Title

c:\midul\du315

(Attachment Q