HomeMy Public PortalAboutRES-CC-2008-05Resolution 05-2008
A RESOLUTION AMENDING THE CITY OF MOAB PERSONNEL POLICIES AND
PROCEDURES MANUAL.
WHEREAS, the City of Moab Personnel Policies and Procedures Manual contains rules of
general application concerning hiring, promotion, pay, benefits, and discipline; and
WHEREAS, the Manual should be reviewed and revised on a periodic basis to ensure
compliance with employment laws and contemporary personnel management practices; and
WHEREAS, the Moab City Council has determined that the Manual should be revised; and
WHEREAS, the amendment to the City of Moab Personnel Policies and Procedures Manual has
been presented to this meeting of the Moab City Council.
NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to
approve the revised Moab Personnel Policies and Procedures Manual in substantially the form
presented to this meeting of the City Council.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 12TH day of February, 2008.
CITY OF MOAB
By:
David L. Sakrison
Mayor
Attest:
Rachel Ellison
City Recorder
Resolution #05-2008
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6.10 Drug and Alcohol Policy
(A) Pursuant to the Federal Drug Free Workplace Act, 41 U.S.C. 701
et seq., the Omnibus Transportation Employees Testing Act, and the Utah Local
Governmental Entity Drug -Free Workplace Policies Act, U.C.A. 34-41-101 et
seq., it is the policy of the City of Moab that the unlawful manufacture,
distribution, possession or use of alcoholic beverages, controlled substances, and
other substances which may impair work performance is expressly prohibited. It
is the policy of the City that City employees, being servants of the public, and
warranting respect from the public, must maintain a high standard of integrity and
trustworthiness. It is the policy of the City to have a drug -free workplace. In
order to achieve a drug -free workplace, all employees shall be required to
participate in alcohol and controlled substances education and testing, as follows:
(1) An alcohol and drug education program, as provided by the
City, shall be completed by all new employees within the
first year of employment.
(2) An alcohol and drug test shall be performed on all job
applicants who have been extended an offer of employment
of more than 19 hours per week or 200 hours in a
consecutive ten week period. Any offer of employment is
expressly conditioned upon the successful completion of a
pre -employment drug/alcohoi screening.
(3) All employees will be subject to alcohol and drug testing
upon reasonable suspicion by the employer that the
employee is impaired by drugs or alcohol while on duty.
(4) A1I employees will be subject to alcohol and drug testing
when the employee has been involved in an on -duty
accident involving a motor vehicle or motorized equipment
and with regard to police department personnel, when the
employee has been involved in any incident in which a
firearm is discharged in the line of duty.
B) Scope
This policy covers all City employees and new applicants for City
employment.
C) Definitions
(1) "Alcohol" is defined as the intoxicating agent in beverage
alcohol, ethyl alcohol, or other low molecular weight
alcohols in methyl and isopropyl alcohol no matter how
packaged or in what form the alcohol is stored, utilized or
found.
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(2) "ControIIed Substances" (also referred to as "drugs") shall
be defined as any substance controlled or regulated
pursuant to the Utah Controlled Substances Act, U.C.A. 58-
37-2, as amended, federal law, and including controlled
substances or medications which, though legal, have not
been prescribed to the employee by a treating physician for
a bona fide medical condition or ailment. For purposes of
example only, and without limitation, controlled substances
or drugs include substances such as cocaine, heroin,
marijuana, hashish, amphetamines, opium, LSD, and
similar illegal drugs. Controlled substances shall also
include legal substances which are used for intoxicating
effect, including inhalants such as paints, thinners, solvents,
or over-the-counter drugs where used as an intoxicant in
doses in excess of recommended levels. Controlled
substances shall also mean the metabolite of any of the
substances covered by this policy.
(3) "Impaired work performance" is defined as any
performance of normal job duties that could jeopardize the
health, safety or welfare of the employee, other employees,
or any other individual.
(4) "Positive Test" is defined as follows:
a. for Commercial Driver's License operators, any test
result showing a blood or breath alcohol content of
.04 or greater, as defined by law, or the presence of
any quantity of a controlled substance in the test
subject;
b. for non-C.D.L. drivers age 2I and over any test
result showing a blood or breath alcohol content of
.04 or greater, as defined by law, or the presence of
any quantity of a controlled substances in the test
subject;
c. for all employees under age 21 any test result
showing a blood or breath alcohol content of .001 or
greater, as defined by law, or the presence of any
quantity of a controlled substances in the test
subject.
(5) "Refusal to Submit to Testing" shall be defined as the
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failure to provide an adequate breath, urine, hair, or blood
sample without a valid verified medical explanation, after
the employee has received notice of testing, conduct that
clearly obstructs the testing process, or failure to make
oneself available for testing.
(6) "Reasonable Suspicion' is knowledge sufficient to induce a
person trained in drug and alcohol abuse recognition and
the City of Moab Drug and Alcohol Policy and Procedures
to believe that a violation of the Drug and Alcohol Policy
has occurred.
D) Pre -Employment Screening
(l) Upon extension of an offer of employment of more_tiian 19
hours per week or 200 hours in a consecutive ten week
period, the applicant shall undergo a drug and alcohol
screening at a facility designated by the City. Refusal to
complete the pre -employment screening shall result in
rescission of the offer of employment. Testing should be
completed not later than three calendar days from the
extension of an offer of employment. Testing shall be
completed at no cost to the applicant.
(2)
A positive test result for either drugs or alcohol shall result
in rescission of any offer of employment, except that an
applicant who tests positive may request an additional
analysis of the second split of any urine sample collected,
as provided under Section 5(G), below. The request shall
be made not later than 72 hours from the time the applicant
is notified of the test result. Any second test shall be
undertaken at the facility designated by the City and the
costs of the second test shall be split equally between the
City and the applicant.
(3) The City may, but shall not be required to, renew an offer
of employment should the second test yield a negative
result,
(4) Temporary or seasonal employees who are hired and
rehired within a one-year time period shall be required to
undergo a pre -employment screening only once during any
one-year period.
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E) Testing Procedures
(1) Testing shall be accomplished via urine, breath, oral fluids,
blood or hair sampling methods at a location designated by
the City. Collection of sampler shall be carried out by
certified contractors or trained City employees as
designated by the Cit.,. of Moab. Instant or rapid tests may
be used for initial testing: Howwvvr,_jt all situations
yielding a positive lest result the confirmation analysis of
specimens shall be performed by qualified laboratory or
medical personnel trained in the applicable method. Where
applicable, tests should be performed using gas
chromatography/mass spectroscopy, certified breath -testing
equipment, or similarly reliable methods.
(2) Employees directed to report for testing under this policy
shall do so immediately upon request of the supervisor.
Failure to timely report for testing shall be regarded as a
"refusal", except where the failure is a result of
circumstances beyond the control of the employee. All
employees subject to testing may be required to present
proof of identity to the testing agent. Employees shall be
compensated at their regular wage rate for time spent
complying with this policy, and all testing shall be
completed during the employee's regular work shift, if
possible.
(3) Urine sampling shall be conducted in a manner that
preserves the privacy and dignity of the individual. All
sampling shall be conducted under sanitary conditions and
the City may institute procedures to prevent substitution,
adulteration, or tampering with samples.
(4) Prior to testing an employee or applicant shall disclose in
writing to the medical officer performing the test,
information concerning any medical condition or
medications consumed by the employee or applicant which
might affect test results.
(5) The City shall employ testing procedures that maintain the
chain of custody from the collection of any sample through
the chemical analysis of the sample and receipt of the test
results. Analysis of samples shall be accomplished through
laboratories accredited either by the Substance Abuse and
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Mental Health Services Administration or the College of
American Pathology.
(6) Testing shall be conducted only for the presence of alcohol
or controlled substances defined by this policy and state
law. In no instance shall samples be tested for the
existence of any other medical condition, disease, or defect,
7) Following testing the Supervisor shall provide the
employee or applicant a copy of the written test results, and
shall discuss the results with the employee/applicant_
Employees or applicants testing positive may elect, within
72 hours of receipt of notice of a positive result, to have a
second analysis of a split urine sample. Regardless of
whether the employee requests a second analysis, prior to
instituting any disciplinary action based upon test results
the City shall confirm the results via a second analysis of
the split urine
sample. If requested by the employee/applicant, the costs
of such second test shall be split equally between the
employee/applicant and the City.
(8) It is against City policy for any employee or prospective
employee to tamper with or adulterate a specimen. Any
adulterated or tampered specimen will be treated as a
positive test.
F) Random Testing
(l) All employees holding Commercial Drivers Licenses shall
be nominated in a pool testing consortium. Each employee
within that pool shall have an equal chance at being tested
each time the consortium conducts a random test. At Ieast
50% of the City's safety sensitive position population shall
be tested in a given year.
(2) Random tests shall be announced on the date the test is to
be completed. Persons selected from the testing pool will
be notified personally by their supervisor.
(3) The City shall maintain records as to the random pool, pool
selections, and how employees are selected for testing.
G) Testing Upon Suspicion of Impairment.
(1) Any employee may be subject to testing where his/her.
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supervisor or other superior has a reasonable suspicion that
the employee is impaired or under the influence of alcohol
or a controlled substance covered by this policy, and where
such reasonable suspicion is substantiated by an on -staff
expert trained and certified in the recognition of drug and
alcohol impairment pursuant to this policy.
(2) For purposes of illustration only, and without limitation,
"reasonable suspicion" of impairment may include the
following: direct observation of behavior consistent with
impairment such as slurred speech, stumbling, or lack of
coordination; the direct observation of the consumption of
alcohol or controlled substances; erratic or abnormal
behavior; arrest or conviction for a drug or alcohol related
offense when coupled with other indicia; identification of
an employee as a suspect or focus of a drug related criminal
investigation based upon credible and corroborated
information; evidence of tampering with samples or
adulteration of a previous test. The preceding list is for
purposes of example only, and shall not be construed to
describe all of the possible grounds which may support a
finding of reasonable suspicion.
(3) An employee directed to perform a suspicion based test
shall receive written notice to that effect from his/her
supervisor. The notice shall describe the conduct or
behavior giving rise to a suspicion of impairment and shall
provide documentation from the on -staff expert described
in Section 6.10 (G) that the reasonable suspicion is
substantiated.
H) Post Accident Testing
(1)
Employees involved in an on -duty vehicular accident shall
be evaluated at the accident site by an on -staff expert
trained and certified in the recognition of drug impairment
as pursuant to this policy. If said on -staff expert establishes
that there is reasonable suspicion that the employee is
impaired, the employee may be subject to testing as a result
of the on -site evaluation. Additionally, police department
personnel shall undergo testing following any incident in
which a firearm is discharged in the line of duty, exclusive
of firearms training.
(2) Results of testing conducted by other law enforcement
agencies pursuant to independent legal authority may be
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utilized by the City for purposes of compliance with this
policy. A1I employees consent to the release of such results
to the City for the purposes of this policy.
(3) Alcohol testing shall be completed not later than two hours
from the time of any incident covered by this policy, except
for good cause shown. Drug testing shall be completed not
later than eight hours from the time of any incident covered
by policy, except upon good cause shown.
I) Disciplinary Policy
(1) Employees shall not test positive for any alcohol, in excess
of the limits imposed by this policy, or test positive for any
controlled substance when subject to testing pursuant to
this policy. Violation of this policy may result in
disciplinary action including: mandatory rehabilitation
education, treatment, or counseling; suspension without pay
for a determinate period; other disciplinary sanction; or
termination. In the case of termination, an employee shall
be entitled to the applicable termination procedures
outlined in the personnel policies and procedures manual
and the state code.
(2) Commercial Driver's License Operators who produce a
blood or breath alcohol test result of .02-.039 grams per
liter will be removed from service for 24 hours, and will be
subject to a follow-up test prior to returning to work.
(3) It is the policy of the City that drug and alcohol test results
shall be used for internal hiring, employee discipline, and
personnel decisions, and not for the collection of evidence
in any criminal proceeding or investigation. Test results
shall not be used by the City for any criminal investigation.
(4) Drug and alcohol test results, and all accompanying
medical information, shall be maintained in the employee
or applicant's personnel file. The information is a
protected document under the Government Records Access
and Management Act, U.C.A. 63-2-101 et seq., and shall
not be released by the City, except upon consent by the
employee or applicant, upon court order or similar legal
process, or as required by federal law,
(5)
Pursuant to the Americans with Disabilities Act and the
Utah Anti -discrimination Act employees or applicants
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testing positive under this policy are not, by virtue of the
test result, regarded as disabled.
(6) Upon confirmation of a violation of the policy, the level of
discipline shall be committed to the discretion of the
supervisor, acting in consultation with the City Manager.
Factors which may apply to discipline decisions include the
type of substance involved, the employee's length of
service, the employee's overall work history, whether or
not an injury or property damage occurred, the risk or
potential of an injury, the level of impairment, any history
of past violations or previous treatment, and the extent to
which the public trust or official duties are compromised by
the impairment. Other factors may be considered.
EMPLOYEES ARE NOTIFIED THAT ANY
VIOLATION OF THIS POLICY MAY CONSTITUTE
GROUNDS FOR TERMINATION.
(7) Where an employee is found to have violated this policy
he/she will not be permitted to return to work until such
time as a re -test reveals the absence of any violation.
Where a supervisor suspects that an employee is impaired
in violation of this policy the supervisor may suspend the
employee, with pay, pending receipt of the test results.
J) General Policies with Respect to Alcohol and Controlled Substances and
Administrative Matters
(1) Possession, consumption, distribution, or manufacture of
controlled substances by all employees, whether on duty or
off, is expressly forbidden. Violation of this policy, which
need not include a criminal conviction, is grounds for
termination or disciplinary action. This policy excludes the
possession of controlled substances collected by law
enforcement personnel as evidence pursuant to normal law
enforcement activity.
(2) Possession, consumption, distribution, or manufacture of
alcohol by any employees while on duty, or on City
property, or in City vehicles is forbidden, except that off -
duty employees may consume alcohol on City property as a
social guest where permitted by City ordinance, e.g. Moab
Arts and Recreation Center events.
(3) All employees are advised that the City reserves the right to
conduct inspections of city owned property, including
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vehicles, work stations, tool boxes, desks, lockers, cabinets,
and the like. Employees shall have no expectation of
privacy with regard to personal items stored in such
locations. Contraband or other evidence of illegal conduct
discovered in such locations will be turned over to
appropriate law enforcement agencies for possible criminal
investigation or prosecution.
(4) Evidence of criminal conduct, other than positive test
results obtained under this policy, will be turned over to
appropriate law enforcement agencies for investigation and
prosecution. By way of example only, should a supervisor
observe the distribution of a controlled substance by any
employee, that evidence shall be turned over to the
appropriate police agency.
(5) All employees and new appointees shall participate in a
drug -free workplace training program as soon as
practicable following adoption of this policy or upon
commencement of employment. This training will address
the specifics of this policy as well as drug and alcohol
abuse issues in the work place.
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