In accordance with the City’s Drug Free Workplace Policy, the City has implemented a Drug and Alcohol Testing Policy.
(a) Responsibility. All department heads, managers, and supervisory personnel are responsible for the implementation of this policy. Questions concerning the interpretation of this policy should be referred to the Director of Human Resources for the City.
(b) The City of Avon Lake DOT (Department of Transportation) Drug/Alcohol Abuse Policy for operators of City equipment with commercial drivers’ licenses, as attached to original Ordinance 127-96, passed June 24, 1996, is hereby adopted by the City by reference as if fully set forth herein. Copies of the Policy and of such ordinance may be obtained, at cost, from the Clerk of Council. The City further follows all applicable Department of Transportation regulations for both federal and state governments, including the continued prohibition on the use of medical marijuana by commercial drivers.
(c) Implementation Guidelines.
(1) A urine drug screen will be conducted to detect the presence of illegal drugs; a blood alcohol test will be conducted to detect the presence of alcohol. The employee must consent to either test which must be performed in an approved medical facility.
(2) Testing of urine specimens will be conducted only by laboratories that have received Federal Department of Health and Human Services’ (HHS) approval and which follow HHS guidelines for testing. This will allow for maximum consistency in operating procedures and quality control.
(3) All urine samples will be tested for the following drugs: marijuana, cocaine, amphetamines, opiates, and phencyclidine (PCP).
(4) Collection of urine samples will be conducted by controlled laboratory methods to assure security but will not require witnessing of sample collection.
(5) All urine samples will undergo a preliminary analysis for the above listed substances. If the test result is positive, the urine sample will undergo a confirmatory gas chromatography/mass spectrometry (GC/MS) test. If the urine sample tests positive on both the preliminary analysis and the GC/MS, the urine sample will be classified as positive. The laboratory will report all results to a designated City official.
(6) Employees who have a positive drug test result may ask for a retest of the original specimen according to procedures and specifications of applicable federal regulations, or in the absence of such regulations, any applicable collective bargaining agreement or, in the absence of such agreement, according to procedures and specifications of the Human Resources Director. The laboratory performing such a retest shall be certified by HHS.
A. Any such retest shall be at the expense of the employee.
B. An employee request for a retest shall not delay the imposition of appropriate disciplinary action or referral to an alcohol and/or drug abuse rehabilitation program.
(7) Tests shall be administered as soon as possible after the employee receives medical attention, if necessary, or within eight hours for suspected alcohol and within thirty-two hours for other suspected drugs.
(d) Testing Guidelines.
(1) Pre-Employment and New-Hire Testing.
A. All new employees may be subject to pre-employment testing and/or new-hire testing within the employee’s probationary period.
B. All new employees in safety-sensitive and special needs positions will be subject to random drug testing during the employee’s probationary period.
(2) Reasonable Suspicion Testing.
A. For drugs and/or alcohol will be conducted when reasonable suspicion exists that an employee:
1. Reports for work or reasonably appears to be working under the influence of alcohol or illegal drugs.
2. Admits to a supervisor being under the influence of alcohol or illegal drugs while on City property or on City business.
3. Is involved in any workplace accident or other incident which suggests the employee is under the influence of alcohol or illegal drugs.
4. Has excessive and unexplained absenteeism or tardiness.
5. Is involved in a significant incident in which the health or safety of the employee or other individuals is involved, or in which extensive property damage has occurred.
B. When reasonable suspicion testing is warranted, both management and HR will meet with the employee to explain the observations and the requirement to undergo a drug and/or alcohol test within two hours. Refusal by an employee will be treated as a positive drug test result and will result in immediate termination of employment.
C. Under no circumstances will the employee be allowed to drive himself or herself to the testing facility. A member of management must transport the employee or arrange for a cab and arrange for the employee to be transported home.
(3) Random Testing. Employees may be selected at random for drug and/or alcohol testing at any interval determined by the Company and must undergo a drug and/or alcohol test within two hours of notification.
(4) Return-to-duty and follow-up alcohol test with two hours of notification.
A. Any employee who tests positive for illegal drugs, alcohol, and/or medically unjustified drugs may be subject to follow-up testing and/or rehabilitation prior to being allowed to return to duty.
B. An employee who tests positive a second time is subject to termination without further opportunity for rehabilitation.
(e) Discipline/Rehabilitation.
(1) Refusal to be tested will be grounds for discipline, up to and including termination. Submission of an adulterated specimen will constitute a refusal to test.
(2) Driving motor vehicles. Any operation of a motor vehicle on company business while under the influence of alcohol or illegal drugs may be cause for disciplinary action, up to and including termination.
(3) Except as otherwise set forth herein, when testing for reasonable suspicion is required, employees are to be removed immediately from the workplace and escorted to an appropriate medical facility.
(4) If reasonable suspicion testing is performed as a result of an on-the-job accident, each employee who may have caused or contributed to the accident will be required to submit to a drug or alcohol test unless the accident investigation documents all of the exceptions identified below.
(5) If the alcohol and/or drug test(s) are classified as negative after review, the employee will be returned to work and standard disciplinary practices will prevail for the incident which led to the testing. The only exception to this is if other evidence exists which identifies the employee who tested negative as a current illegal drug user. If sufficient evidence exists to identify the employee as a current illegal drug user, the employee will be subject to discipline/rehabilitation as described in division (d)(3) of this section.
(6) If the positive alcohol and/or drug test(s) are classified as medically unjustified after review, the result(s) will be reported to the Human Resources Department. The report will be made available to the employee if requested.
(f) City’s Employee Assistance Program (EAP).
(1) The City’s EAP provides professional, confidential assistance to help employees resolve problems with alcohol and drugs and other issues that affect their personal and work life.
(2) If an employee’s alcohol or drug test is a medically unjustified positive, or if sufficient evidence exists to identify the employee as a current illegal drug user, the City, at its discretion, may require an employee to undergo rehabilitative treatment and unannounced testing at the worksite, as recommended by the treatment facility in conjunction with the EAP and the City’s Human Resources Department. Refusal to undergo rehabilitative treatment and/or failure to comply with post-rehabilitation testing will result in termination.
(3) The Director of Human Resources for the City will contact the EAP to discuss the employee’s alcohol or drug problem, develop a plan of action, and if appropriate, arrange an appointment for the employee with the EAP. The supervisor and the Human Resources Director will communicate the agreed upon plan to the employee. An employee’s refusal to accept referral to the EAP and follow EAP recommendations for addressing an alcohol or drug problem may be grounds for discipline, up to and including termination.
(4) Representatives from the EAP will maintain contact with the employee’s supervisor and/or Human Resources representative concerning the employee’s participation in the EAP and compliance with treatment recommendations. Information regarding the employee’s diagnosis and treatment will not be disclosed; any confidential information will be disclosed only with a signed release from the employee.
(5) Convictions for Alcohol/drug Related Criminal Offenses. Any conviction for an alcohol or drug-related criminal offense will be considered grounds for discipline, up to and including termination.
A. When an employee is convicted, the conviction will be reviewed by management, including representatives from the union (if applicable), Human Resources and Legal Departments, to determine the appropriate course of action.
B. Where applicable, all drug-related workplace convictions will be reported to the appropriate contracting office of the Federal government, in accordance with the provisions of the Drug Free Workplace Act of 1988.
(6) Employee Training and Education. Each department, in conjunction with Human Resources, is required to implement programs to inform employees of the City’s Alcohol and Drug Free Workplace Policy. These, programs must:
A. Educate employees and increase their awareness of the negative effects of alcohol and drug abuse on health and safety.
B. Train supervisory personnel on their responsibilities for ensuring compliance with the City’s policy and fostering an alcohol and drug free workplace.
C. Inform employees and supervisory personnel about the use of the Employee Assistance Program.
(7) Searches. The City reserves the right to conduct reasonable searches of any property when there is reason to suspect violation of the policy, with prior notification and approval of the Mayor and review by legal counsel.
(8) Right to Privacy.
A. Information regarding an employee’s use of alcohol or illegal drugs will be maintained in a confidential medical record.
B. All records that pertain to an employee’s use of the Employee Assistance Program will be maintained by and remain the property of the EAP. No information concerning the employee’s diagnosis and treatment will be revealed by the EAP except in the following circumstances:
1. The employee consents in writing;
2. The law requires disclosure; and
3. It is believed that life or safety are threatened by failure to disclose.
(Ord. 22-108. Passed 7-11-22.)