Rancho Palos Verdes City Council
   

DECEMBER 20, 2005 AMENDMENTS TO THE COMPETITIVE SERVICE AND MANAGEMENT PERSONNEL RULES—MEDICAL EXAMINATION PROCEDURES AMENDMENTS TO THE COMPETITIVE SERVICE AND MANAGEMENT PERSONNEL RULES—MEDICAL EXAMINATION PROCEDURES AMENDMENTS TO THE COMPETITIVE SERVICE AND MANAGEMENT PERSONNEL RULES—MEDICAL EXAMINATION PROCEDURES

TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS

FROM: ASSISTANT TO THE CITY MANAGER

DATE: DECEMBER 20, 2005

SUBJECT: AMENDMENTS TO THE COMPETITIVE SERVICE AND MANAGEMENT PERSONNEL RULES—MEDICAL EXAMINATION PROCEDURES

RECOMMENDATION

1. Adopt Resolution No. 2005 -XX; amending Resolution No. 2002-05 and adopting revisions to the Competitive Service Employee Personnel Rules.

2. Adopt Resolution No. 2005 -XX; amending Resolution No. 2002-06 and adopting revisions to the Management Employee Personnel Rules.

3. Authorize Mayor to execute professional service agreements with Western Medical Group to conduct pre-employment medical examinations and medical review of positive drug test results.

EXECUTIVE SUMMARY

To ensure the best interests of the City, employees, and the public are protected and to minimize potential liability exposure, staff requests City Council’s approval to require all new hires, all re-hires and promotional/transfer candidates to successfully complete a medical examination and a drug test, when applicable, as a condition of employment at a City designated medical facility. In addition, the new personnel policy would permit the City to require any employee to undergo a medical examination based upon reasonable belief that an employee may be unable to perform the essential job tasks or may pose a threat to him/herself or to others.

BACKGROUND/DISCUSSION

The City has been relying upon the subjective judgment of staff to assess the physical capabilities of individuals relative to the essential physical requirements of the positions for which they’ve been hired. While the City has been relatively fortunate in terms of its history of workplace injury claims, staff believes the lack of a formal pre-employment medical physical and drug-testing policy weakens the City’s risk management goal of providing a safe and productive workplace.

City Council is requested to consider amending the Personnel Rules to enact procedures, which will govern the administration of medical examinations and pre-employment drug testing in accordance with the law. Staff recommends requiring all new hires, re-hires, promotional and transfer candidates to successfully undergo a medical examination and a drug test, when applicable as a condition of employment, at a city designated medical facility.

Pre-employment medical examinations of prospective city employees would enable the City to assess their capability to perform essential job duties, provide reasonable work accommodation if eligible under Americans with Disabilities Act or California Fair Employment and Housing Act, and withdraw an employment offer if the prospective employee fails the drug test and/or medical examination. In addition, early awareness of health issues may also help reduce the occurrence and severity of work place injuries particularly in the maintenance and recreation job classifications, which require greater physical demands, such as heavy lifting. For select job classifications in maintenance and recreation, customized lift tests will be developed in conjunction with the medical facility to test the prospective candidate’s ability to perform the essential physical demands of the position.

Staff compiled informal bids from local industrial/occupational medical clinics and determined Western Medical Group in the City of Torrance would best meet the City’s needs for medical examination services at the lowest overall cost. The basic physical is $30 per person, drug tests range from $38 to $50 per person, and customized lift tests for select job classifications are $30-$60 per exam. Attached to the staff report are the medical professional service contracts with a comprehensive fee schedule for the medical examinations and for interpreting positive drug test results.

To establish the proposed new procedures for pre-employment drug testing and medical examinations, the City Council is requested to approve the following actions:

1. Amend the City’s Competitive Service Personnel Rules to add the new medical examination policy as Rule XVI, Medical Examination Procedures.

2. Amend the City’s Management Employee Personnel Rules to add the new medical examination policy as Rule XII, Medical Examination Procedures. Management employees are "at will" employees and include the Department Heads and the Assistant City Manager.

3. Authorize the Mayor and City Clerk to execute professional service agreements with Western Medical Group to conduct pre-employment physical examinations and drug testing, and to interpret positive drug test results. The agreements have been reviewed by the City Attorney’s office and signed by the Western Medical Group representative.

On a side note, the proposed resolutions also include a minor "clean up" revision to the Worker’s Compensation and Unemployment Insurance sections of the Personnel Rules. The City Council authorized worker’s compensation coverage to volunteers in 1979 (Resolution No. 79-87) and the Personnel Rules will be amended to include this provision.

FISCAL IMPACT

Should City Council approve the new personnel policy, staff anticipates six new hires will undergo the pre-employment physicals (including some customized lift tests) and drug testing this fiscal year at an approximate total cost of $600. The current Personnel Program budget is adequate to accommodate this expense and the additional administrative procedures will be incorporated into the personnel recruitment process.

Based upon an estimate of 12 new hires per year, the on-going expense for implementing the proposed policy is conservatively estimated to be approximately $1,400 per fiscal year.

PREPARED BY

Gina Park

Assistant to the City Manager

APPROVED BY

Les Evans

City Manager

Attachments:

    1. Resolution amending Competitive Service Employee Personnel Rules
    2. Resolution amending Management Employee Personnel Rules
    3. Professional Service Contracts for Medical Examinations and Medical Review of Drug Test Results

RESOLUTION NO. 2005 - XX

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2002-05 AND ADOPTING REVISIONS TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES.

WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.46 of the Rancho Palos Verdes Municipal Code to adopt rules for the administration of the personnel system created in said Municipal Code Chapter; and,

WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management; and,

WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to the City Manager in the interpretation and application of these rules so that they are applied equitably; and,

WHEREAS, from time to time these rules must be revised due to relevant changes in federal and state personnel law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: Amends the Competitive Service Employee Personnel Rules, attached hereto as Exhibit A and made a part thereof.

PASSED, APPROVED and ADOPTED on December 20, 2005.

__________________________

MAYOR

ATTEST:

_____________________________

CITY CLERK

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-XX ; was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on December 20, 2005.

__________________________

CITY CLERK

EXHIBIT A

The following are proposed for the City’s Competitive Service Personnel Rules:

  1. The revision to RULE VIII for Worker’s Compensation and Unemployment Insurance:
  2. "RULE VIII

    WORKER’S COMPENSATION AND UNEMPLOYMENT INSURANCE

    SECTION 1 – WORKER’S COMPENSATION AND UNEMPLOYMENT INSURANCE: The City provides Worker’s Compensation and Unemployment insurance to all employees, probationary employees and part time employees in accordance with California law. The City provides worker's compensation coverage for any person who performs volunteer service without pay for the City (Resolution No. 79-87)." 

  3. The proposed new Rule XVI for Medical Examination Procedures:

"RULE XVI

MEDICAL EXAMINATION PROCEDURES

SECTION I – MEDICAL EXAMINATION: Any employee may be required to undergo a medical examination at a time designated by the Personnel Officer, if he/she has a reasonable belief, based on objective evidence, that a medical examination is necessary in accordance with the provisions of this Rule. As used in this Rule, the term "medical examination" means a procedure or test that seeks information about an individual’s physical or mental impairments or health. A medical examination does not include tests for current use of illegal drugs, physical fitness tests, physical agility tests, psychological tests or other personality tests designed to evaluate personality traits, or polygraph examinations. Except as stated herein, nothing in this Rule is intended to govern or regulate tests that are not medical examinations.

SECTION II – NEW HIRES OR RE-HIRES: In order to be eligible for employment or re-employment with the City, a job applicant shall be required to undergo a medical examination at a City-designated medical facility to determine whether the applicant is capable of performing the essential functions required of the position and can meet the standards established by the Personnel Officer.

SECTION III – PROMOTION OR TRANSFER: In order to be eligible for a promotion or a transfer to a job classification in a category requiring greater physical qualifications than his/her present job classification, an employee may be required to undergo the same pre-employment medical examination as a new hire or re-hire at a City-designated medical facility to determine whether the candidate is capable of performing the essential functions required of the promotional or transfer position and can meet the standards established by the Personnel Officer

SECTION IV – PROCEDURE:

(a) All medical examinations shall be job-related and consistent with business necessity.

(b) The medical examination of a job applicant will occur only after a conditional offer of employment is made and where all entering employees in the same classification are subject to the same examination.

(c) The medical examination of an existing employee seeking a promotion or transfer will occur only after a conditional offer of promotion or transfer is made and where all new entering employees in the same classification are subject to the same examination.

(d) Pre-employment tests for illegal drugs may be administered as part of the application process, as set forth in Section X, below.

SECTION V – FINDINGS OF MEDICAL EXAMINATION:

(a) Job Applicants. Subject to paragraph (c), if a job applicant fails to pass a medical examination following a conditional job offer, the conditional job offer shall be withdrawn.

(b) Promotional or Transfer Candidates. Subject to paragraph (c), if an existing employee fails to pass a medical evaluation following a conditional offer of a promotion or transfer, the City will assign duties consistent with the medical examination, including allowing the employee to remain in his/her former position if he/she is able to perform the essential job functions. If no appropriate position is vacant, such employee shall be recommended for disability or retirement if he/she is eligible, or terminated.

(c) If the job applicant or candidate for promotion or transfer is a qualified individual with a disability under the Americans with Disabilities Act ("ADA") or California Fair Employment and Housing Act ("FEHA"), the City will engage in an interactive process with the job applicant or candidate, and consider any request for reasonable accommodation by the job applicant or candidate consistent with the requirements of the ADA and/or FEHA.

(1) Job Applicants. Following the results of the medical examination and the interactive process, the conditional offer of employment will be withdrawn if the City determines that the applicant cannot be reasonably accommodated and/or would pose a direct threat to his/her own safety and/or the safety of others.

(2) Promotional or Transfer Candidates. Following the results of the medical examination and the interactive process, the conditional offer of the promotion or transfer shall be withdrawn if the City determines that the employee cannot be reasonably accommodated in the promotional or transfer position or would pose a direct threat to his/her own safety and/or the safety of others. If no appropriate position is vacant, such employee shall be recommended for disability or retirement if he/she is eligible, or terminated.

SECTION VI – ABSENCE DUE TO ILLNESS OR INCAPACITY:

    1. Any employee who returns to work after an absence in excess of three consecutive work shifts due to illness or incapacity, or who demonstrates a pattern of absences (such as repeated absences the day before or after weekends) may be required by the Personnel Officer to provide a return to work certification from the employee’s treating physician or other health care provider confirming there was a medical reason for the employee’s absence, and that he/she is able to perform the essential functions of his/her position and/or does not present a direct threat to himself/herself, to his/her fellow employees and/or to members of the public, due to any medical reason, before the employee will be permitted to return to work. The City reserves the right to choose the health care provider who shall provide the certification. Nothing herein shall preclude the City from requiring a fitness for duty examination under Section VII of this Rule.
    2. In addition, any employee who returns to work after an absence in excess of three consecutive work shifts due to illness or incapacity, or who demonstrates a pattern of absences (such as repeated absences the day before or after weekends) may also be required by the Personnel Officer to undergo a medical examination before the employee may be permitted to return to work if the City has reasonable belief that the employee’s present ability to perform essential job functions will be impaired by a physical or mental impairment or condition, or if he/she will pose a direct threat to himself/herself, to his/her fellow employees and/or to members of the public due to a physical or mental condition or impairment.
    3. Any employee who fails to pass a medical examination upon his/her return from an absence in excess of three consecutive work shifts may be required to remain off duty pending receipt of a return to work certification from his/her physician or other health care provider, and/or may be transferred or demoted to an available alternative or modified position based on the employee’s ability to perform essential job functions and meet the minimum qualifications of the job, recommended for disability or retirement, or terminated.

SECTION VII – FITNESS FOR DUTY: The Personnel Officer may at any time require that an employee undergo a fitness for duty examination at a City-designated facility based on specific facts and circumstances leading to the reasonable conclusion that such employee is not able to perform the essential functions of his/her position and/or that he/she may pose a direct threat to himself/herself, to his/her fellow employees and/or to members of the public. The cost of the fitness for duty examination will be borne by the City. The City may take appropriate action based upon the results of the fitness for duty examination. The City may also take disciplinary action against any employee who refuses to comply with the City’s requirement that he/she undergo a fitness for duty examination.

SECTION VIII – QUALIFIED PHYSICIAN: All medical examinations required under the provisions of this Rule shall be performed by a City-designated physician, psychologist, psychiatrist or other health care professional, in active practice licensed by the State of California and within the scope of his/her practice as defined by California law. In the case of out-of-state candidates for employment, the physician or other health care professional performing the medical examination may be licensed by the state in which the candidate resides.

SECTION IX – CITY FINANCIAL RESPONSIBILITY: The City shall pay for any medical examination required under the provisions of this Rule.

SECTION X – CONFIDENTIALITY: Medical information will be kept confidential, on separate forms and in separate locked medical files, and shall be reviewed only to assess whether the applicant or employee has the ability to perform the functions of the job, with or without reasonable accommodation; or whether the employee may pose a direct threat to himself/herself and/or to others; to determine whether the employee is fit for duty; to assist in providing reasonable accommodation; to provide first aid as necessary; for insurance purposes; and to comply with other provisions of federal and/or state law.

SECTION XI – PRE-EMPLOYMENT DRUG TESTING: The City is committed to providing a safe, effective and productive work force, and to comply with the Drug-Free Workplace Act of 1988.

(a) All new hires and all re-hires shall be required to submit to pre-employment drug testing, as part of the application process. An offer of employment will be conditioned upon the job applicant testing negative for illegal drugs.

(b) The City’s drug testing policy will comply with all applicable provisions of federal and state law, including but not limited to, confidentiality, privacy and testing methodology.

(c) The City shall pay for any pre-employment drug testing required under this section.

SECTION XII – NONDISCRIMINATION: All medical examinations shall be undertaken in accordance with the ADA and the FEHA, with respect to job applicants and employees with disabilities. The City does not discriminate against job applicants or employees on the basis of disability.

SECTION XIII – NONEXCLUSIVITY: This Rule shall not preclude the City from requiring medical examinations under circumstances otherwise permitted or authorized under federal or state law."

RESOLUTION NO. 2005 - XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2002-06 AND ADOPTING REVISIONS TO THE MANAGEMENT EMPLOYEE PERSONNEL RULES.

WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.46 of the Rancho Palos Verdes Municipal Code to adopt rules for the administration of the personnel system created in said Municipal Code Chapter; and,

WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management; and,

WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to the City Manager in the interpretation and application of these rules so that they are applied equitably; and,

WHEREAS, from time to time these rules must be revised due to relevant changes in federal and state personnel law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: Approves and establishes the Management Employee Personnel Rules, attached hereto as Exhibit A and made a part thereof.

PASSED, APPROVED and ADOPTED on December 20, 2005.

__________________________

MAYOR

ATTEST:

_____________________________

CITY CLERK

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-XX ; was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on December 20, 2005.

__________________________

City Clerk

EXHIBIT A

The following are proposed for the City’s Management Personnel Rules:

  1. The revision to RULE VI for Worker’s Compensation and Unemployment Insurance:

"RULE VI

WORKER’S COMPENSATION AND UNEMPLOYMENT INSURANCE

SECTION 1 – WORKER’S COMPENSATION AND UNEMPLOYMENT INSURANCE: The City provides Worker’s Compensation and Unemployment insurance to all employees in accordance with California law. The City provides worker's compensation coverage for any person who performs volunteer service without pay for the City (Resolution No. 79-87)." 

2. The proposed new Rule XII for Medical Examination Procedures:

"RULE XII

MEDICAL EXAMINATION PROCEDURES

SECTION I – MEDICAL EXAMINATION: Any employee may be required to undergo a medical examination at a time designated by the Personnel Officer, if he/she has a reasonable belief, based on objective evidence, that a medical examination is necessary in accordance with the provisions of this Rule. As used in this Rule, the term "medical examination" means a procedure or test that seeks information about an individual’s physical or mental impairments or health. A medical examination does not include tests for current use of illegal drugs, physical fitness tests, physical agility tests, psychological tests or other personality tests designed to evaluate personality traits, or polygraph examinations. Except as stated herein, nothing in this Rule is intended to govern or regulate tests that are not medical examinations.

SECTION II – NEW HIRES OR RE-HIRES: In order to be eligible for employment or re-employment with the City, a job applicant shall be required to undergo a medical examination at a City-designated medical facility to determine whether the applicant is capable of performing the essential functions required of the position and can meet the standards established by the Personnel Officer.

SECTION III – PROMOTION OR TRANSFER: In order to be eligible for a promotion or a transfer to a job classification in a category requiring greater physical qualifications than his/her present job classification, an employee may be required to undergo the same pre-employment medical examination as a new hire or re-hire at a City-designated medical facility to determine whether the candidate is capable of performing the essential functions required of the promotional or transfer position and can meet the standards established by the Personnel Officer

SECTION IV – PROCEDURE:

(a) All medical examinations shall be job-related and consistent with business necessity.

(b) The medical examination of a job applicant will occur only after a conditional offer of employment is made and where all entering employees in the same classification are subject to the same examination.

(c) The medical examination of an existing employee seeking a promotion or transfer will occur only after a conditional offer of promotion or transfer is made and where all new entering employees in the same classification are subject to the same examination.

(d) Pre-employment tests for illegal drugs may be administered as part of the application process, as set forth in Section X, below.

SECTION V – FINDINGS OF MEDICAL EXAMINATION:

(a) Job Applicants. Subject to paragraph (c), if a job applicant fails to pass a medical examination following a conditional job offer, the conditional job offer shall be withdrawn.

(b) Promotional or Transfer Candidates. Subject to paragraph (c), if an existing employee fails to pass a medical evaluation following a conditional offer of a promotion or transfer, the City will assign duties consistent with the medical examination, including allowing the employee to remain in his/her former position if he/she is able to perform the essential job functions. If no appropriate position is vacant, such employee shall be recommended for disability or retirement if he/she is eligible, or terminated.

(c) If the job applicant or candidate for promotion or transfer is a qualified individual with a disability under the Americans with Disabilities Act ("ADA") or California Fair Employment and Housing Act ("FEHA"), the City will engage in an interactive process with the job applicant or candidate, and consider any request for reasonable accommodation by the job applicant or candidate consistent with the requirements of the ADA and/or FEHA.

(1) Job Applicants. Following the results of the medical examination and the interactive process, the conditional offer of employment will be withdrawn if the City determines that the applicant cannot be reasonably accommodated and/or would pose a direct threat to his/her own safety and/or the safety of others.

(2) Promotional or Transfer Candidates. Following the results of the medical examination and the interactive process, the conditional offer of the promotion or transfer shall be withdrawn if the City determines that the employee cannot be reasonably accommodated in the promotional or transfer position or would pose a direct threat to his/her own safety and/or the safety of others. If no appropriate position is vacant, such employee shall be recommended for disability or retirement if he/she is eligible, or terminated.

SECTION VI – ABSENCE DUE TO ILLNESS OR INCAPACITY:

(a) Any employee who returns to work after an absence in excess of three consecutive work days due to illness or incapacity, or who demonstrates a pattern of absences (such as repeated absences the day before or after weekends) may be required by the Personnel Officer to provide a return to work certification from the employee’s treating physician or other health care provider confirming there was a medical reason for the employee’s absence, and that he/she is able to perform the essential functions of his/her position and/or does not present a direct threat to himself/herself, to his/her fellow employees and/or to members of the public, due to any medical reason, before the employee will be permitted to return to work. The City reserves the right to choose the health care provider who shall provide the certification. Nothing herein shall preclude the City from requiring a fitness for duty examination under Section VII of this Rule.

    1. In addition, any employee who returns to work after an absence in excess of three consecutive work days due to illness or incapacity, or who demonstrates a pattern of absences (such as repeated absences the day before or after weekends) may also be required by the Personnel Officer to undergo a medical examination before the employee may be permitted to return to work if the City has reasonable belief that the employee’s present ability to perform essential job functions will be impaired by a physical or mental impairment or condition, or if he/she will pose a direct threat to himself/herself, to his/her fellow employees and/or to members of the public due to a physical or mental condition or impairment.
    2. Any employee who fails to pass a medical examination upon his/her return from an absence in excess of three consecutive work days may be required to remain off duty pending receipt of a return to work certification from his/her physician or other health care provider, and/or may be transferred or demoted to an available alternative or modified position based on the employee’s ability to perform essential job functions and meet the minimum qualifications of the job, recommended for disability or retirement, or terminated.

SECTION VII – FITNESS FOR DUTY: The Personnel Officer may at any time require that an employee undergo a fitness for duty examination at a City-designated facility based on specific facts and circumstances leading to the reasonable conclusion that such employee is not able to perform the essential functions of his/her position and/or that he/she may pose a direct threat to himself/herself, to his/her fellow employees and/or to members of the public. The cost of the fitness for duty examination will be borne by the City. The City may take appropriate action based upon the results of the fitness for duty examination. The City may also take disciplinary action against any employee who refuses to comply with the City’s requirement that he/she undergo a fitness for duty examination.

SECTION VIII – QUALIFIED PHYSICIAN: All medical examinations required under the provisions of this Rule shall be performed by a City-designated physician, psychologist, psychiatrist or other health care professional, in active practice licensed by the State of California and within the scope of his/her practice as defined by California law. In the case of out-of-state candidates for employment, the physician or other health care professional performing the medical examination may be licensed by the state in which the candidate resides.

SECTION IX – CITY FINANCIAL RESPONSIBILITY: The City shall pay for any medical examination required under the provisions of this Rule.

SECTION X – CONFIDENTIALITY: Medical information will be kept confidential, on separate forms and in separate locked medical files, and shall be reviewed only to assess whether the applicant or employee has the ability to perform the functions of the job, with or without reasonable accommodation; or whether the employee may pose a direct threat to himself/herself and/or to others; to determine whether the employee is fit for duty; to assist in providing reasonable accommodation; to provide first aid as necessary; for insurance purposes; and to comply with other provisions of federal and/or state law.

SECTION XI – PRE-EMPLOYMENT DRUG TESTING: The City is committed to providing a safe, effective and productive work force, and to comply with the Drug-Free Workplace Act of 1988.

(a) All new hires and all re-hires shall be required to submit to pre-employment drug testing, as part of the application process. An offer of employment will be conditioned upon the job applicant testing negative for illegal drugs.

(b) The City’s drug testing policy will comply with all applicable provisions of federal and state law, including but not limited to, confidentiality, privacy and testing methodology.

(c) The City shall pay for any pre-employment drug testing required under this section.

SECTION XII – NONDISCRIMINATION: All medical examinations shall be undertaken in accordance with the ADA and the FEHA, with respect to job applicants and employees with disabilities. The City does not discriminate against job applicants or employees on the basis of disability.

SECTION XIII – NONEXCLUSIVITY: This Rule shall not preclude the City from requiring medical examinations under circumstances otherwise permitted or authorized under federal or state law."