As a result of Fiscal Year 2010 contract negotiations with Teamsters Union Local 190, agreement was reached on a Random Drug/Alcohol and Reasonable Suspicion Policy that calls for the the random testing of City of Billings employees who perform, supervise or manage work in a hazardous work environment, security position, a position affecting public safety, or a fiduciary position. Reasonable suspicion testing is allowed for any employee who reports to work and appears to be under the influence of an illegal substance or level of alcohol.  A nearly identical policy has been developed for non-bargaining City of Billings employees.  Both of these policies are attached and now are being presented to the City Council for approval.  A resolution approving the policies will be included in the Council Friday packet of Oct. 22, 2010.

These policies commit the City to an alcohol- and drug-free work place that protects the safety, health and well-being of employees and the citizens with whom they come into contact.  It prohibits the unlawful manufacture, distribution, possession, sale, transfer or use of illegal drugs; the illegal use of a legally obtainable drug or substance; the misuse of alcohol; or illegal possession of drug paraphernalia. 

The policies further direct the City Administrator to develop procedures to implement the Council's policy direction.  Those procedures have been negotiated with the Teamsters because of their impact on employees, and similar procedures will be applied to non-represented employees.  They include a 60-day notice period for employees, as required in the Montana Workforce Drug & Alcohol Testing Act (MCA 39-2-207 through 211).  They also include a safe harbor provision allowing employees to seek treatment without penalty for drug and alcohol dependency prior to being tested; and give employees one opportunity to seek treatment after they have been tested randomly and found to have illegal substances in their systems. Employees who fail to seek treatment or who have found to have illegal substances in their systems after random testing a second time will be terminated. 

Similar policies and procedures currently are being negotiated with the Montana Public Employees Association - Billings Police Chapter and Local 521 of the International Association of Fire Fighters.  When those are completed and accepted by the Council, it is believed that Billings will be the first city in the State of Montana to have implemented such policies covering all its employee groups.

The City Council may:

• Approve the policies, which will go into effect January 1, 2011;
• Modify the policies; or
• Not approve the policies.

The estimated cost of random testing is expected to be about $2,500 annually for each employee group.  The cost of such testing may be offset in the future by reduced workers compensation or liability claims resulting from employees working when they are impaired.

It is recommended that the City Council approve the Random Drug/Alcohol and Reasonable Suspicion Policies for Teamster and non-bargaining employees.