Loading...
HomeMy Public PortalAbout1995_12_12_O033 The Town of Leesburg, qirginia ORDINANCE NO. 95-0-33 AN ORDINANCE: PRESENTED December 12, 1995 ADOPTED December 12, 1995 CHAPTER 12.1-63. DRUG FREE AMENDING ARTICLE 26, WORKPLACE OF THE TOWN CODE BY ADOPTING A DRUG AND ALCOHOL TESTING PROGRAM WHEREAS, The Omnibus Transportation Employee Testing Act of 1991 requires that the Town of Leesburg adopt and implement policies for the testing of employees who hold or are offered a position that requires a Commercial Driver's License and/or a safety sensitive position will be tested for drugs and alcohol by January 1, 1996. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sec. 12.1-63. Drug Free Workplace. ~ The Town of Leesburg prohibits the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance during working hours or on town property. Town employees are also prohibited from reporting to work under the influence of alcohol or controlled substances. In the event either prohibition is violated, the employee is subject to disciplinary action up to and including dismissal under Article 11 of the Personnel Manual. An on-going drug free awareness program is hereby established. With the assistance of the Police Department, regular meetings will be conducted to inform all employees about: · The dangers of drug abuse in the workplace. · The town's policy on maintaining a drug free workplace including penalties for violating town policy. · Available drug counseling and rehabilitation in the area. Each current employee and all subsequent town employees will be provided copies of the drug free workplace policy. Each current employee and all subsequent employees must notify the town in writing of any criminal drug conviction no later than five (5) calendar days after such conviction. Failure to so notify the town may result in disciplinary action. (b) Drug and Alcohol Testing Program. It is the policy_ of the Town of Leesburg that all town government work sites shall be maintained as a drug-free, alcohol-free workplace. No employee shall unlawfully manufacture, distribute, dispense, possess, or use on or in the -2- ORDINANCE: AMENDING ARTICLE 26, CHAPTER 12.1-63. workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance, as defined in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. Sec.812) and as further defined by Federal regulation at 21 CFR Sec. 1300.11 - 1300.15. "Workplace" is defined to mean any site for the performance of work by the employee, including but not limited to any town building or premise; and town-owned vehicle; and building or premise used by the town for town business; and any non-town property during any town-sponsored or town approved activity, event or function. "Workplace" also includes all town-owned property such as, but not limited to offices, desks, lockers, safes, file cabinets, tool boxes, etc. As a condition of employment, all employees shall notify his or her supervisor of his or her conviction of any criminal drug statute no later than 5 days after such conviction. As a condition of employment, all employees shall abide by the terms of this town policy_ and regulations respecting a drug-free workplace. All town work sites and all town-owned property_ are subject to drug detection inspection at the discretion of the town manager. The possession and/or consumption of illegal drugs or alcoholic beverages in the workplace is prohibited. Violation of this policy_ and regulations will result in appropriate disciplinary_ action up to and including termination. All employees will be required to sign that they have received this policy. Drug and Alcohol Testing Drug and/or alcohol tests may be required in the following cases: Where an applicant for a town position critical to the safe_ty and security of employees or citizens has been given a conditional offer of employment, subject to passage of a drug test; Where an employee in a town position critical to the safety and security_ of employees or citizens has been selected for a random drug test by a computer-based program; Where there is reasonable suspicion that any town employee, regardless of position, is under the influence of illegal drugs or alcohol at the workplace; or Where a town employee, regardless of position, has been authorized to return to work at the recommendation of the town's Medical Review Officer and the Manager of Personnel after testing positive for drug or alcohol use and offering assistance for rehabilitation; testing may occur on an unannounced basis for 18 months after the -3- ORDINANCE: AMENDING ARTICLE 26, CHAPTER 12.1-63. employee returns to work. As required by the Omnibus Transportation Employee Testing Act of 1991, Regulations of the Federal Highway Administration (49 CFR, Parts 40 and 382, et.el). All employees and applicants who hold or are offered a position that requires a Commercial Driver's License (CDL) or safety sensitive position as a condition of employment and continued employment will be tested for drugs and alcohol under the following conditions: pre-employment random post-accident reasonable suspicion return to work after testing positive and follow-up A refusal to immediately submit to a drug test when required under the circumstances above or a verified finding of alcohol or illegal drug use may result in withdrawal of a conditional offer of employment or disciplinary action up to and including termination. The list of town positions determined to be critical to the safety and security of employees or citizens for purposes of this policy are: all street maintenance employees, all equipment maintenance employees, meter technician, heavy_ equipment operators, all utilities department employees, aquatic recreation program supervisors, lifeguards I, II, and III, and airport manager and supervisors. This list may be periodically revised by the Town Manager or Personnel Manager. Test Procedures in General The administration of the Drug & Alcohol Testing Program will be in accordance with the Department of Transportation Regulations, Federal Highway Administration and the Drug-Free Workplace Act of 1986. An Evidential Breath Testing device operated by a trained Breath Alcohol Technician will be used to test for presence of alcohol. Urinalysis will be used for the detection of controlled substances. All employees tested will be required to sign an authorization and consent form releasing the information to the employer. The testing of the sample will be performed by a laboratory approved by the National Institute on Drug Abuse (NIDA), including a NIDA panel screening with gas chromatography/mass spectrometry (GCIMS) confirmation on all positive tests. The panel includes screening for amphetamines, marijuana, cocaine, opium, and phencyclidine (PCP). The cutoff level for each substance tested for, both drugs and alcohol, will be consistent with those currently recommended by the Department of Transportation guidelines. The cost for all drug tests ordered will be borne by the town. Any employee subject to testing under this plan will be permitted to provide urine specimens in a manner such that the employee is not observed while actually providing the specimen, unless there is reason to believe that the employee has altered or substituted the urine specimen provided. Failure to appear for testing without prior notice acceptable to the town will be considered refusal to participate in the testing and will subject the employee to the full range of disciplinary action, including dismissalg or in the case of an applicant, the rescinding of a conditional offer of -4- ORDINANCE: AMENDING ARTICLE 26, CHAPTER 12.1-63. employment. When a confirmed positive test result for drugs has been returned by the laboratory, the tested employee will be given an opportunity to provide to the Medical Review Officer appropriate and corroborated information to demonstrate the confirmed positive test is from a legally prescribed medication or other ingestion. Evidence to justify a positive test result may include, but is not limited to: A valid prescription; or A verification from the individual's physician verifying a valid prescription. If the Medical Review Officer determines there is a lack of legitimate reason for the positive result, the result will then be considered a verified positive test result. The Medical Review Officer will timely and confidentially notify the Personnel Manager in writing of the verified positive test result. If the test results are positive the employee must be evaluated by a Substance Abuse Professional. A Return-to-Duty test must be conducted prior to returning to the job. The employee will be subject to a minimum of six unannounced follow-up drug tests in the first 12 months. The employee may submit a written request for a retest of the original specimen within 72 hours of being notified by the Medical Review Officer. The retest will be at the employee's expense if it is positive. The laboratory may disclose laboratory test results only to the Medical Review Officer. Any positive result which the Medical Review Officer justifies by acceptable and appropriate medical or scientific documentation will be treated as a negative test result and may not be released for purposes of identifying drug use/misuse. If the results of the employee's alcohol test indicate a blood alcohol concentration of .02 or greater, but less than .04, the employee will be suspended without pay and shall not be permitted to perform the duties of a position that requires a CDL for at least 24 hours and a retest that indicates a blood alcohol level (BAL) of less than .02. If the concentration is greater than .04 the test is considered a positive result and the employee must be evaluated by a Substance Abuse Professional. Return-to- Duty tests must be conducted prior to returning to the job. The employee will be subject to a minimum of six unannounced follow-up alcohol tests in the first 12 months. All positive tests will be confirmed by a second test. The results of these tests will be reported immediately to the Manager of Personnel. All drug testing information specifically relating to employees and applicants is confidential and should be treated as such by anyone authorized to review such information. In order to implement this program efficiently and make information readily retrievable, the Personnel Department shall maintain all records relating to reasonable suspicion of tampering with evidence, and other authorized documentation necessary to implement and maintain this program. All records and information of any personnel actions taken on employees with verified positive test results shall be maintained in confidential and secured files in the Personnel Department and disseminated only to authorized individuals on a confirmed "Need to Know" basis as determined by the Personnel Manager. -5- ORDINANCE: AMENDING ARTICLE 26, CHAPTER 12.1-63. Guidelines for Reasonable Suspicion Testin~ The following guidelines are provided as an aid in administering and enforcing the town's Drug-Free Workplace Policy. They are not meant to cover eve~ situation; however, they are designed to help avoid allegations of unlawful treatment. These guidelines cannot be used as a substitute for good judgement; each situation must be reviewed on a case-by-case basis. When a supervisor, in his or her ~iudgement, has reason to believe that an employee has used and is under the influence of drugs or alcohol, the supervisor should ask his or her supervisor to corroborate the observations. The following examples, alone or in combination, may comprise reasonable suspicion. The list is not all inciusive. Unexplained inability to perform normal job functions. Slurred speech. Smell of alcohol or drugs on breath. Any unusual lack of physical coordination or loss of equilibrium. Unexplained hyperactivity or depression and withdrawal. Unexplained inability to think or reason at the employee's normal level. Bizarre behavior. Possession of alcohol or illegal drugs; or the presence of alcohol, alcohol containers, illegal drugs, or drug paraphernalia in an area subiect to the employee's control. Information provided by a reliable and credible person. If during normal working hours reasonable suspicion is confirmed, the supervisor shall contact the Personnel Manager to discuss the observations and to determine the appropriate course of action. If the employee is to be tested, the Personnel Manager shall be notified to make the arrangements with the town's designated collection center for the necessary_ drug tests. The employee will be transported to the testing site. If the reasonable suspicion is confirmed outside of normal working hours, then the supervisor shall arrange to have the employee transported to the approved collection site. For purposes of these guidelines, normal working hours are considered 9:00 a.m. to 5:00 p.m., Monday -Friday. If the employee refuses to be tested, the employee shall be immediately suspended from duty without pay and transported home. The refusal of an employee to submit to a reasonable suspicion test shall comprise insubordination and may be the basis for discipline, up to and including termination. The supervisor who orders a drug test shall document in writing the conduct _giving rise to the reasonable belief of drug use within 24 hours of the observed behavior. It should include any statements made and any actions taken by any persons involved in the incident. All records should immediately be sent to the Personnel Manager. For the purposes of maintaining a workplace free of drugs and alcohol, the town manager retains the right to search the lockers, file cabinets, desks, etc. of employees. -6- ORDINANCE: AMENDING ARTICLE 26, CHAPTER 12.1-63. SECTION II. This ordinance shall be effective January 1, 1996. PASSED this 12th day of December, 1995. Jggnes E. Clem, Mayor Town of Leesburg ATTEST: Clerk of Council drug