HomeMy Public PortalAboutPolicy - Drug FreeSec. 46-29. Drug free testing policy.
(a) Statement of purpose. It is the policy of the city that the abuse of alcohol and drugs by public employees is detrimental to the health, safety and welfare of the public. The
purpose of this section is to establish reasonable standards and procedures for drug and alcohol testing of city employees and applicants for employment for certain public health, safety
and security positions within the city. The city also recognizes that individuals employed as municipal employees have certain rights to privacy. However, under applicable state and
federal laws, the city's interest in protecting the health and safety of the public outweigh the individual employee's legitimate expectations of privacy. Accordingly, certain procedural
safeguards, limitations, and due process guarantees are set forth in connection with the testing required by this section.
(b) Scope of policy. Drug and alcohol abuse by city employees is prohibited. This shall include the illegal manufacture, distribution, possession or use of a controlled substance,
the abuse of prescription medications, and the use of alcohol during or immediately preceding work hours or on city premises. This prohibition also includes the unauthorized use of prescription
drugs or the abuse of prescribed drugs. If an employee is directly observed using alcohol, or a controlled or illegal substance while on duty, the city expressly reserves the right to
immediately terminate the employee without testing as provided in this policy. The employee may appeal such actions as per section 46-35.
(c) Testing for certain drugs. When drug and/or alcohol testing is required under the provisions of this section, a urinalysis test, or other appropriate test, will be given to detect
the presence of the following drugs:
(1) Alcohol (ethyl);
(2) Amphetamines (e.g., speed);
(3) Barbiturates (e.g., Amobarbital, Butabarbital, Phenobarbital, Secobarbital);
(4) Cocaine;
(5) Methaqualene (e.g., Quaalude);
(6) Opiates (e.g., Codeine, Heroin, Morphine, Hydromorphone and Hydrocodone);
(7) Phencyclidine (PCP);
(8) THC (marijuana);
(9) A metabolite of any such substances;
(10) All drugs specified by the state as controlled substances;
(11) All drugs required to be tested under applicable federal laws.
(d) Testing of job applicants. As a condition of employment, an applicant may be tested where they are to hold a position involving public health, safety or security, or where otherwise
required by state or federal law. The city manager, in cooperation with the council and mayor, will determine and provide a list of these positions. These positions can be changed or
otherwise amended from time to time by the city manager. Such changes shall be posted and available to all employees.
(e) Testing of current employees.
(1) The city may require a current employee to undergo drug and/or alcohol testing if there is reasonable suspicion to believe that the employee is under the influence of drugs and/or
alcohol during working hours. The term "reasonable suspicion" means a belief that can be articulated based upon specific facts and reasonable inferences drawn from those facts. Circumstances,
which constitute a basis for determining reasonable suspicion, include, but are not limited to:
a. A pattern of abnormal or erratic behavior;
b. Observed use, possession or sale of illegal or prescription drugs or alcohol, or a report of same from a reliable source;
c. Employee involvement in or contribution to a work-related accident;
d. Presence of physical symptoms of drug or alcohol abuse (i.e., glassy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination and/or motor reflexes);
e. Violations of criminal drug law statutes involving the use of illegal drugs, alcohol, or prescription drugs and/or violations of other drug/alcohol statutes;
f. As part of a follow-up program for treatment of drug or alcohol abuse;
g. When a substance abuse test is conducted as a part of a regularly scheduled employee fitness for duty medical examination that is scheduled routinely for members of an employment
classification or group.
(2) A supervisor is required to detail, in writing, on the designated personnel form, the specific facts, symptoms, or observations, which formed the basis for their determination
that reasonable suspicion existed to warrant the testing of an employee. This documentation shall be forwarded to the appropriate department head or designee as the city manager finds
appropriate. These forms shall be considered confidential.
(f) Random testing of employees. Employees may be randomly tested without reasonable suspicion when they are in a position involving public health, safety or security. Federal law
under the department of transportation and the state department of transportation regulations require random and post-accident testing of all employees who possess a commercial driver’s
license which they utilize in the course of their job-related duties. The city manager will determine and provide a list of those employees who are subject to random drug/alcohol testing.
(g) Employee arrest/conviction notification. If an employee is arrested or convicted (including pleas of nolo contendere) of violating any criminal drug statute of any jurisdiction,
regardless if the alleged violation occurred at the workplace or elsewhere, the employee must notify the city manager, in writing, within five calendar days of each arrest or conviction.
(h) Prior notice of testing policy. The city shall provide written notice of its drug-free testing policy to all employees. This shall be accomplished by providing each existing employee
with a copy of the drug-free testing policy and obtaining each employee's signature attesting that they have received a copy of the drug-free testing policy. Job applicants may be informed
verbally or in writing of the existence of the city's drug-free testing policy. Furthermore, any job posting which requires a drug/alcohol screening shall state such in the job posting.
(i) Consent form; information included. Before a drug and/or alcohol test is administered, employees and job applicants will be required to sign a consent form authorizing the test
and permitting the release of test results to the appropriate individual within the city. The consent form shall provide space for employees and applicants to acknowledge that they have
been notified of the city's drug-free testing policy and to indicate current or recent use of prescription or over-the-counter medication. The consent form shall also set forth the following
information:
(1) The need for drug and/or alcohol testing;
(2) The circumstances under which testing may be required;
(3) The procedure for confirming an initial positive test result;
(4) The consequences of refusing to undergo a drug and/or alcohol test;
(5) The right to explain a positive test result and the appeal procedures available; and
(6) The availability of drug and alcohol abuse counseling and referral services.
(j) Refusal to consent--Applicants. A job applicant who is subject to a pre-employment drug/alcohol screening, and who refuses to consent, will be denied employment with the city.
(k) Same--Employees. An employee who refuses to consent to a drug and/or alcohol testing when reasonable suspicion has been identified, or where they are subject to random testing,
is subject to disciplinary action, up to and including termination.
(l) Confirmation of test results.
(1) An employee or applicant whose test yields a positive result shall be given a second confirming test using a gas chromatography/mass spectrometry (G.C./M.S.) tests. The second
test will be performed on the same sample as the first test; the employee/applicant will not be permitted to submit a second sample.
(2) If the second test confirms the positive test result, the employee or applicant shall be notified of the results, in writing, by the appropriate department head or designee. The
letter of notification shall identify the particular substance found and its concentration level. A copy of the test results shall be included with the notification letter.
(3) An employee or applicant whose second test confirms the original positive test result may, at the employee's or applicant's own expense, have a third test conducted on the same
sample at a laboratory selected by the city. The employee/applicant must respond to the notifying department head or designee, in writing, within five calendar days from receipt of notification
of a positive test result, explaining and/or contesting the result, and/or requesting a third test conducted on the original sample.
(m) Consequences of a confirmed positive result for applicants and employees.
(1) Job applicants will be denied employment with the city if their initial positive results have been confirmed. Applicants will be notified in writing if they are rejected on the
basis of a confirmed positive result.
(2) If an employee's positive test result has been confirmed, the employee is subject to disciplinary action up to and including termination in accordance with section 46-33.
(n) Mandatory termination. Termination will be mandatory in the following cases:
(1) Selling drugs on or off the job;
(2) A positive drug or alcohol test while either on probation or while participating in a drug or alcohol treatment program;
(3) A nolo plea, guilty plea or conviction of a second DUI offense;
(4) A DUI offense (nolo plea, guilty plea or conviction) while operating a city vehicle;
(5) A felony violation (nolo plea, guilty plea or conviction) of any controlled substance law.
(o) Right to a hearing. If an employee is tested, and the employee's positive test result has been confirmed, the employee is entitled to an informal disciplinary hearing as per section
46-33(c), before any disciplinary action may be taken by the city. Should any of the listed disciplinary actions be taken, the employee may appeal such actions as per section 46-35.
(p) Confidentiality of test results. All information from an employee's or applicant's drug and/or alcohol test is confidential under all applicable state and federal laws, and only
those with a need to know are informed of the test results. Disclosures of test results to any person, agency, or organization, unless otherwise required by law, are prohibited unless
written authorization is obtained from the employee or applicant. The records of the results of a positive drug test shall not be released until the results are
confirmed. The records of a confirmed positive test result and the testing laboratory shall unless otherwise required by applicable law, destroy negative test results.
(q) Laboratory testing requirements.
(1) All drug and alcohol testing of employees and applicants shall be conducted at medical facilities or laboratories selected by the city. To be considered as a testing site, the
medical facility or laboratory must submit, in writing, a statement that their testing methods and facilities comply with all applicable federal and state laws, and provide a description
of the procedures that will be used to conduct the test and to maintain the test samples.
(2) Factors to be considered by the city in selecting a test site include:
a. Testing procedures, which insure privacy to employees and applicants;
b. Testing procedures consistent with the prevention of tampering with the samples;
c. Methods of analysis, which ensure reliable test results, including the use of gas chromatography/mass spectrometry to confirm positive test results;
d. Chain of custody procedures, which ensure proper identification, labeling and handling of test samples; and
e. Retention and storage procedures which ensure reliable results on confirmation of tests on original samples.
(r) Employee assistance program.
(1) The city offers an employee assistance program (EAP) benefit for employees and their dependents who have personal problems. These may include, but are not limited to, alcoholism
and drug abuse. Voluntary participation prior to an employee being requested to submit to a test is strongly encouraged. In these situations, no disciplinary action shall be implemented
because an employee volunteers to participate in such a program. Confidentiality is assured. No information regarding the nature of the problem will be made available without the participant's
written permission, nor will it be included in the employee's personnel file.
(2) However, participation in the EAP program will not protect an employee from disciplinary action or even termination after he has been requested or required to submit to a drug/alcohol
test. In these cases, the EAP process may be used in conjunction with discipline, but not as a substitute for discipline. All employees who are referred to the EAP as a mandatory participant
and who refuse to cooperate in counseling and rehabilitation for drug or alcohol use, or who are found to have used drugs or alcohol during the course of their treatment and rehabilitation,
shall be subject to immediate termination. All participants in the EAP drug or alcohol programs are subject to random testing during the course of their treatment and rehabilitation.
(s) Convicted employees' participation in rehabilitation. The city will notify any granting agency as defined in the Drug Free Workplace Act, within ten days after receiving notice
of a conviction from an employee or otherwise receiving actual notice of such conviction and will impose a sanction on or require the satisfactory participation in a drug abuse assistance
rehabilitation program by any such convicted employee as required by 41 USC 703 within 30 days of notice of such conviction.
(t) Maintaining a drug free workplace. The city will make good faith efforts to maintain a drug free workplace through implementation of the provisions hereof and the Drug Free Workplace
Act, 41 USC 701 et seq.
(Code 1983, §§ 2-4-6.1, 2-4-10.1)