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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 Added text shown thus 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 Added text shown thus Approved: U— �7--( % Mayor Carrie Tergin APPROVED AS TO FORM: Cit C nselor