(A) It shall be the policy of the City to have a substance abuse policy addressing both alcohol and other substances, which policy shall be applicable to all City employees generally, as well as containing provisions appropriate to employees in positions which perform a "safety sensitive" function as designated by the US Department of Transportation (DOT) or other federal regulations or by the Director of the City Human Resources Department and to require testing of:
(1) All employees based on a reasonable suspicion that the employee's alcohol or drug use could impair either job performance or public safety;
(2) Employees in positions which perform a "safety sensitive" function as designated by the DOT Regulations or by the Director of the City Human Resources Department;
(3) All applicants for employment in a "safety sensitive" function;
(4) Employees in a non-safety sensitive function before transferring into a safety sensitive function; and
(5) As part of the treatment program for employees enrolled with the Employee Assistance Program.
(B) The Chief Administrative Officer shall implement this resolution by promulgating within the City's personnel rules and regulations and adopted in accordance with §§ 2-15-1 et seq. ROA 1994 (Rules and Regulations), a policy consistent with the requirements of this resolution and which shall at a minimum:
(1) Define reasonable suspicion; and
(2) Designate a process for employees to contest before a City Hearing Officer the identification of a position as performing a safety sensitive function which was not identified in the US Department of Transportation (DOT) or other federal regulations or is not performing duties as a police officer, corrections officer or firefighter. There shall be no City administrative appeal
process from the decision of the City Hearing Officer and any review shall be in the District Court.
process from the decision of the City Hearing Officer and any review shall be in the District Court.
(C) For the purposes of the policy so promulgated:
(1) Except for voluntary self referral participants in an Employee Assistance Program for substance abuse, the first instance in which an employee submits a sample for alcohol/drug testing which is found to contain alcohol or drugs or their metabolites shall be considered justifiable cause for discipline up to, and including, termination from employment with the city;
(2) The first instance in which an employee who is a voluntary self referral participant in an Employee Assistance Program for substance abuse submits a sample for alcohol/drug testing which is found to contain alcohol or drugs or their metabolites shall result in the employee being removed from any position performing a safety sensitive function;
(3) The second instance in which an employee who is a voluntary self referral participant in an Employee Assistance Program for substance abuse submits a sample for alcohol/drug testing which is found to contain alcohol or drugs or their metabolites shall be considered justifiable cause for discipline up to, and including, termination from employment with the city;
(4) Any employee's refusal to submit an unaltered sample for alcohol/drug testing shall be considered justifiable cause for discipline up to, and including, termination from employment with the city;
(5) An employee who submits a sample for alcohol/drug testing which is found to contain alcohol or drugs or their metabolites shall not perform any safety sensitive function until successfully completing an evaluation and being released for duty by the city's medical officer;
(6) Safety sensitive employees of the Police Department, Corrections Department and Fire Department shall be normal participants in the city's pre-employment and random alcohol and drug testing, counseling, and treatment program; and
(7) The city's Employee Assistance Program for alcohol and drug counseling and treatment shall be evaluated by a task force of substance abuse professionals, who shall submit a report detailing findings and program recommendations to the Mayor and City Council within nine months of the enactment date of this legislation.
(D) There is hereby created a Substance Abuse Policy Review and Appeals Board which shall be composed of five members, two of whom shall be appointed by the Mayor, one of whom shall be appointed by the City Council, one of whom shall be recommended by labor organizations and one of whom shall be recommended by the supervisor's organization. The Board shall hear and decide objections (except as provided herein) to the designation of positions as “safety sensitive,” shall review all administrative policies promulgated to implement this legislation, and shall advise the Mayor and the City Council regarding such policies.
(Res. 65-1995, approved 5-9-95; Am. Res. 78-1995, approved 6-2-95; Am. Res. R-2012-097, approved 11-21-12)
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