HomeMy Public PortalAboutORD15737BILL NO: 2017-80
SPONSORED BY COUNCILMAN: HENRY
ORDINANCE NO: 1,5f7 3 1
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
3-3 ALCOHOL, DRUG, AND CONTROLLED SUBSTANCE ABUSE POLICY OF THE
PERSONNEL POLICY MANUAL.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Subsection 3-3(q) of the Personnel Policy Manual is hereby amended to read
as follows
(q) Types of testing: All employees shall be subject to the following drug or alcohol tests:
1. Pre-Employment/Pre-Transfer Test. The City will test job applicants for current drug use
prior to offering successful applicants employment, promotions in a position with
supervisory responsibilities, transfers from one department to another, or those
departments with promotional procedures adopted by ordinance requiring testing.
Seasonal and part-time without benefits positions may be excluded from this type of
testing.
2. Random Testing. Employees must participate in random drug and alcohol test pools.
Employees chosen for random testing shall immediately report to a designated
collection site, upon notification from their supervisor. The random test rate of the
alcohol pools shall be at least 10% of the employees annually and for the drug pools
shall be at least 25% of the employees annually, unless changed for any covered group
by the federal agency with jurisdiction. Seasonal and part—time without benefits
positions may be excluded from this type of testing and will not be considered in
computing the percentage requirements for drug and alcohol pools.
3. Post -Accident Testing. Employees will be given drug and alcohol tests any time an
accident involves the death of a person or injuries requiring immediate transportation
to a medical treatment facility, the employee receives a traffic citation for a moving
traffic violation where one or more vehicles incurs disabling damage and is transported
away from the scene by a tow truck or other vehicle, if a vehicle is removed from
service, or if the employee performance contributed to the accident or cannot be
discounted as a contributing factor to the accident. FTA regulated employees will
submit to post accident testing under 49 CFR part 655.44 for accidents involving the
death of a person, injuries requiring immediate transportation to a medical treatment
facility, one or more vehicles incurs disabling damage and is transported away from
the scene by a tow truck or other vehicle, if a vehicle is removed from service, or if the
employee performance contributed to the accident or cannot be discounted as a
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contributing factor to the accident. Employees are to report for testing within two
hours after the accident and shall in all cases be alcohol tested within eight hours and
drug tested within 32 hours. If, after 8 hours, the test has still not been administered,
the employee is to cease trying to get the test and the supervisor is to document the
reasons why the test was not done and forward that document to Human Resources.
4. Reasonable Suspicion Testing. Whenever a City supervisor has reason to believe a
subordinate is under the influence of drugs or alcohol, the supervisor may require the
subordinate to undergo drug and/or alcohol testing. The supervisor determining
reasonable suspicion shall not supervise or participate in testing procedures.
1.1 Reasonable suspicions shall be grounded upon observable facts relating to the
appearance or odor of the employee, the motor skills or speech of the
employee, the physical inability of the employee to do their job assignments, or
the facts surrounding an accident involving an employee in the performance of
a job assignment.
5. Return to Duty Testing. Before returning to duty after being excluded because of drug
or alcohol use, an employee must take and pass drug and/or alcohol test.
Section 2. Subsection 3-3A of the Personnel Policy Manual is hereby amended to read
as follows
Section 3.3A Addition to the Alcohol, Drug and Controlled Substance Abuse Policy for positions
requiring safety -sensitive functions falling under DOT and FTA guidelines. This Policy has been approved
by the City Council. The date of any changes are reflected on each page. The policy covers regulations
required by 49 CFR Parts 40, 382 and 655.
This Ordinance shall be in full force and effect from and after the date of its passage and
effect November 6, 2017.
Passed:_ / 1— 6 — I
Presiding Officer -
ATTEST: .
City" Clerk
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Approved: U— �7--( %
Mayor Carrie Tergin
APPROVED AS TO FORM:
Cit C nselor