The following terms and definitions will guide the application of this policy, rules and guidelines:
(a) “Alcohol” - any substance, except personal hygiene and/or health products that are used in accordance with the manufacturer’s directions, that contains ethyl alcohol, including but not limited to beer, wine and distilled spirits.
(Ord. 2006-209. Passed 1-8-07.)
(b) “Alcohol-Under the Influence” - for the purposes of this policy, employees are considered under the influence of alcohol if they report to work with an alcohol concentration level of 0.04% or greater.
(c) “Anti-Drug Program Manager” - the City designates some administrative responsibilities within this policy; the Chief Financial Officer is hereby designated as the anti-drug program manager. The program manager will consult and assist with the City in administering the regulations of this policy and facilitate the training required by this policy.
(d) “Contraband” - any article, the possession of which on City premises or while conducting any City business causes an employee to be in violation of this policy or any law. Contraband includes illegal drugs, alcoholic beverages or drug paraphernalia.
(e) “Department Head” - the Director, Chief, or head of a city department or division or anyone designated to act in the absence of that person.
(f) “Drug testing” - the scientific analysis of urine or breath for the purpose of detecting drugs or alcohol.
(g) “Employee” - employees of the City and all job applicants.
(h) “Employer premises or employer facilities” - all city property including, but not limited to, the offices, facilities, owned or leased vehicles and equipment wherever located, and any area that an employee while working is assigned to perform work- related tasks.
(i) “Illegal drug” - any drug which is not legally obtainable; any drug which is legally obtainable but has not been legally obtained; any prescribed drug not legally obtained; any prescribed drug not being used for the prescribed purpose; any over- the-counter drug being used at a dosage level other than recommended by the manufacturer or being used for a purpose other than intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide medical therapy. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, heroin, methamphetamine, phencyclidine (PCP), and so-called designer drugs and look-alike drugs.
(j) “Legal drug” - any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured.
(k) “Medical Review Officer” - a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program. The MRO shall have knowledge of substance abuse disorders and have appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his/her medical history and any other relevant biomedical information.
(l) “Reasonable suspicion” - a suspicion based on objective facts and personal observations that must be documented in writing sufficient to lead a trained supervisor to suspect that a particular employee is unable to satisfactorily perform his or her job duties due to drug or alcohol impairment. Such inability to perform may include, but not be limited to, decreases in the quality or quantity of the employee's productivity, judgment, reasoning, concentration and psychomotor control, and marked changes in behavior. Accidents, deviations from safe working practices, and erratic conduct indicative of impairment are examples of "reasonable suspicion" situations. Reasonable suspicion shall be based upon personal observations by a trained supervisor and must be documented in writing at the time of the observation. Reports of substance abuse or abnormal behavior that is not confirmed in writing by a trained supervisor will not constitute reasonable suspicion. Anonymous or informal reports shall not constitute grounds for testing unless allegations of substance abuse or abnormal behavior have been investigated by a trained supervisor and are documented in writing.
(m) “Reasonable suspicion checklist” - A supervisory guide for assessing reasonable suspicion in drug and/or alcohol suspicion.
(n) “Refusal to submit” (to an alcohol or controlled substance test) - an employee (1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing, (2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing, or (3) engages in conduct that clearly obstructs the testing process.
(o) “Substance Abuse Professional (SAP)” - A licensed professional who determines what specific help is needed (by completing a substance abuse assessment) and ensures that individuals with substance abuse issues receive the appropriate referrals for assistance in recovery.
(p) “Substance Abuse Program” - a recognized and certified rehabilitation program that an employee may choose to participate as a resource of medical or EAP referral.
(q) “Under the influence” - a condition in which a person is affected by a drug or alcohol in any detectable manner as set forth in this policy. The symptoms of influence are not confined to those consistent with misbehavior, or to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of being under the influence can be established by a professional opinion, a scientifically valid test, such as urinalysis.
(r) “Workplace” - is any facility or equipment owned by the City, or any facility or location where an employee performs any work-related duty on the City’s behalf.
(Ord. 2006-178. Passed 10-9-06.)