(A) Introduction.
(1) It is city policy to provide a safe working environment for all city employees, inclusive of the Fire and Police Departments, and employees who drive city vehicles or drive their own vehicle for city business. It is also this city’s policy to assist employees who have a problem with drug and alcohol abuse. Our goal is to eliminate the abuse, not the abuser; to help, not to apprehend.
(2) Whenever used in this section, EMPLOYEE will also include a volunteer to or for the city.
(B) Purposes of the policy. The city regrets any inconvenience or problems that the policy may cause but believes that the overall benefit to the city and the employee make it both necessary and helpful. This policy was established for the following purposes:
(1) To establish and maintain a safe and healthful working environment for all employees;
(2) To ensure the reputation of the city and its employees within the community;
(3) To reduce the number of accidental injuries to person or property;
(4) To reduce absenteeism, tardiness, and improve productivity;
(5) To provide rehabilitation information assistance for any employee who seeks such help; and
(6) To comply with the Drug-Free Workplace Act, being 41 U.S.C. §§ 701 et seq.
(C) General policy. The following is the city’s policy concerning substance abuse which will be enforced uniformly with respect to all employees as indicated.
(1) Employees are prohibited from being under the influence of or consuming alcohol or illegal drugs during work hours.
(2) The use, sale, possession, transfer, or purchase of illegal drugs or controlled substances in or on city property, while on duty, or performing city business is prohibited and will subject the employee to discipline including termination.
(3) Any employee who commits an unlawful act involving illegal drugs, alcohol, or controlled substances, on or off city premises, or whose conduct discredits the city in any way will be subject to discipline including termination.
(4) No alcoholic beverages will be bought or consumed on the job site. Employees may be tested post-accident, randomly, or upon reasonable suspicion at the discretion of the city. Anyone with a BAC of 0.02 will be considered under the influence of alcohol.
(5) No prescription drug will be brought onto city premises by anyone other than the one for whom it is prescribed. Such drugs will be used only in the manner or combination and quantity prescribed.
(6) As a continuing condition of employment, each employee agrees to abide by the terms of this policy. Employees shall notify the city no later than five days after any conviction in a court of competent jurisdiction involving alcohol, illegal drugs, or controlled substances. The city will subject the employee to the same disciplinary procedures as those employees who test positive under drug screening procedures.
(D) Pre-employment screen policy. As a final step in the employment process, all applicants who are conditionally considered for employment and those former employees who are to be reinstated for employment after a layoff or a leave of absence will be required to submit to a drug screen test. If the applicant or former employee tests positive, employment will be denied. Any employee who is transferred or promoted to a department where drug testing is required must have testing performed. If such employee has a positive drug test result, that promotion or transfer will be withdrawn. Rehabilitation will be offered. Refusal to submit to the test will result in denial of employment.
(E) Inspections. The city will conduct inspections to the extent considered necessary to ensure compliance with the alcohol and drug abuse policies. Entry onto city property, including parking areas and work-site areas, is deemed consent to an inspection of person, vehicle, and personal affects at any time while entering, remaining on, or leaving the property as well as off city premises while engaged in city business. It is not the intent to make inspections indiscriminately but when there is a reasonable suspicion that there may be a violation of this drug and alcohol policy.
(1) Must have reasonable suspicion before acting. In order to take action against an employee, the employer must have a reasonable suspicion that the individual is under the impairment of alcohol or drugs or other controlled substances. In order to establish reasonable suspicion, the specific behavior of the individual must be observed and documented by members of management or their designated representatives, one of whom has been trained in the detection of impairment.
(2) Employee inspection procedure. Inspection of clothing and personal effects shall be conducted under the direct supervision of management accompanied by a witness. Inspections will include, but are not limited to, lockers, desks, vehicles, personal effect from pockets or handbags, and the like. Body-type searches such as frisking, strip searches, and the like will not be conducted by the city. Employees who refuse to cooperate shall not be forcibly inspected, but they will be told that submission to inspection is a condition of employment and failure to cooperate will result in suspensions without pay for whatever time is necessary for the city to investigate the matter and determine if any disciplinary action, up to including discharge, will be taken.
(3) Disposition of seized property. Any alcohol, drugs, or controlled substances or suspected drugs or controlled substances will be impounded and sealed in a container. The sealed container shall bear the date, names of the persons present, and a general description of the item. A receipt shall be given for such seized property. Seized items shall be retained in a locked cabinet under the exclusive control of the City Police Department. If possession is transferred, a chain of receipts shall be established. Seized property may turn out, after investigation, to be property that was properly and legally in an employee’s possession. In such cases, the property will be returned and a receipt obtained.
If not already involved, local or state law enforcement personnel should be notified in order to communicate, as appropriate, with local authorities concerning identification of the material and possible prosecution if federal, state, or local laws have been broken.
(F) Testing.
(1) All employees will be required to submit to a drug screen test as a condition of employment.
(2) Each employee will be tested for drugs and alcohol after a work-related accident if the employee has been observed using substances that are suspected to be prohibited substances on the job, if the employee exhibits a significant and prolonged reduction in productivity, or if the city has reasonable suspicion for testing the employee. The city may perform baseline testing on all employees at any given time or by departments.
(3) Each employee will be tested for drugs and alcohol when such employee is involved in a vehicular accident that results in damage to city property, such as city vehicles or other property, or in personal injury. The testing shall occur regardless of whether the accident occurred during working hours or otherwise. The test should be done as soon as possible following the accident. Further, any employee involved in an accident but who has not sustained any injury may be tested at the discretion of the city.
(4) The city may conduct random drug and alcohol testing of employees at any time with or without cause or suspicion in order to ensure compliance with its drug-free work place policy.
(5) An employee returning from a leave of absence may be subject to a retest.
(6) An employee who alters a specimen, foils, or refuses to submit to testing when requested to do so shall be subject to disciplinary action including termination.
(G) Employee testing positive.
(1) Any employee who tests positive is subject to immediate disciplinary action, including termination, but may be allowed to continue employment on a conditional basis on the following terms.
(a) The employee agrees to participate in counseling in a certified rehabilitation program and to successfully complete the program. The employee may participate up to three separate times in a rehabilitation program in order to successfully complete the same; however, if the employee fails to complete the rehabilitation program in three attempts, the employee shall be subject to immediate disciplinary action including termination.
(b) The employee agrees to and does remain drug and alcohol free during a conditional employment period as determined by the Board of Public Works and Safety.
(c) The employee agrees to routine periodic and unscheduled drug screen and alcohol tests to ensure that the employee remains drug and alcohol free.
(d) The cost of a rehabilitation program and subsequent drug tests will be payable by the employee.
(2) A second positive test will be grounds for immediate termination. All positive test results will remain in the employee’s personnel file as long as the city employs that individual.
(H) Prescription drugs. An employee taking prescription drugs must adhere to the following procedures.
(1) If he or she is taking any prescription medication, including a prescription controlled substance, that may affect his or her ability to perform his or her duties or work responsibilities, the employee must notify the immediate supervisor prior to the commencement of the work shift.
(a) Warning labels normally appear on the prescription bottle and state exactly what, if any, side effects there may be. As an example not meant as a limitation, “may cause drowsiness,” “may cause dizziness,” “may cause periodic nausea,” “use caution while operating machinery,” “use caution when driving,” or any other warning, caution, or description of side effects that will affect the employee’s ability to perform his or her work duties must be disclosed before the employee begins his or her work shift so that work responsibilities may be assigned or reassigned to take into account the employee’s medical condition.
(b) The employee is not required to state the name of the medication, the doctor who prescribed it, or the reason it has been prescribed, in accordance with the Patient Privacy Rules, being 45 C.F.R. part 160 and subparts A and E of 45 C.F.R. part 164, under HIPAA (Health Insurance Portability and Accountability Act) and all applicable state privacy laws.
(c) The only time that an employee may be asked to identify what medication(s) he or she is taking is during reasonable assessment of a serious reaction to the medication, during medical treatment for an accident or injury, or for purposes of determining what medication was prescribed to the employee after a drug or alcohol test was performed and a positive result has required reprimand or disciplinary action. At that time, the employee will be asked privately by the testing agent or agency what, if any, prescription medication the employee is currently taking, and the employee will be required to show proof that the prescription medication was prescribed to him or her.
(2) The medication must be in the original prescription container with no more than the necessary dosage required for the work shift. The employee’s pharmacist will provide him or her with an extra empty bottle upon request so that he or she will not be susceptible to criminal charges for transporting medication in a non-prescribed container.
(3) Failure to abide by the provisions of this division (H) shall subject the employee to disciplinary action including termination.
(I) Temporary exemptions. Any law enforcement officer, firefighter, or other city employee exposed to drugs in the line of duty should immediately notify their superior officer. If such employee is chosen for random testing within 30 days from such exposure and notification, he or she shall be not be required to participate. Any officer who is undercover and whose identity may be compromised by presenting for testing or who may be involved in a drug-related investigation will be exempt from this policy but only during the period of such time the officer is performing undercover duties. However, if the undercover officer is not involved in a narcotics-related investigation and his or her identity will not be compromised, mere status as undercover does not preclude officers from being tested if probable cause exists that the officer is misusing, manufacturing, selling, trafficking, purchasing, using, or abusing drugs or alcohol.
(J) Further policy provisions.
(1) All employees who test positive for drug and/or alcohol in violation of this policy, which includes preemployment, reasonable suspicion, random, and post-accident testing, shall be responsible for the cost including any confirmation testing.
(2) All employees who request split specimens to be forwarded to another lab of the employee’s choice will be responsible for the cost of the split and for the second test.
(3) Any employee who tests positive and is sent for substance abuse professional evaluation shall be required to pay for the return-to-duty test. The cost of follow-up testing required by the city will be incurred by the employee,
(4) The city will pay for all negative drug and alcohol tests.
(Ord. 1531, passed 6-18-2008)