157.37 SUBSTANCE ABUSE POLICY.

   (a)   Policy. The City is dedicated to providing safe, dependable and efficient services to the public. We also recognize that our employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment which promotes personal opportunities for growth. In meeting these goals, it is our policy to:

      (1)   Assure that employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner;

      (2)   Create a workplace environment free from the adverse effects of drug and alcohol substance abuse;

      (3)   Prohibit the unlawful manufacture, distribution, dispensing, possession or use of controlled substances; and

      (4)   Make an employee assistance program available to employees whose personal problems, including alcohol or drug dependency, adversely affect their ability to perform their duties.

   (b)    Purpose. The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public from the risks posed by the use of alcohol and prohibited drugs and to maintain a workplace free of alcohol or drugs.

   (c)   Applicability. This policy applies to all City employees, paid part-time employees and contractors when they are on City property or when performing City-related business off-site or when in uniform. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors and contractor employees are governed by this policy while on transit premises and shall not be permitted to conduct City business if found to be in violation of this policy.

   A copy of this policy shall be posted in each municipal facility to be readily available for review by each employee of the municipality.

   (d)   Definitions. The following categories of prohibited substances are addressed by this policy:

      (1)   "Illegally used controlled substances or drugs" means any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CRF 1300.11 through 1300.15. This includes, but is not limited to, marijuana, amphetamines, opiates, phencyclidine (PCP) and cocaine, as well as so-called "designer drugs" not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs.

      (2)   "Legal drugs". The appropriate use of legally prescribed drugs and nonprescribed medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills or judgment may be adversely affected should be reported to supervisory personnel and medical advice should be sought, as appropriate, before performing work related duties.

      (3)   "Alcohol". The use of alcohol-containing beverages or substances such that alcohol is present in the body while performing City business is prohibited.

   (e)   Prohibited Conduct. 

      (1)   Manufacture, trafficking, possession and use. Any employee engaging in the manufacture, distribution, dispensing, possession or use of prohibited substances (controlled substances or illegal drugs or alcohol) on City premises, in City vehicles, or while on City business shall be subject to disciplinary action, up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.

      (2)   Intoxication/under the influence. Any employee who is reasonably suspected of being intoxicated, impaired or under the influence of a prohibited substance (such as having a prohibited substance in the body) shall be suspended from job duties pending an investigation and verification of condition. Employees found to be under the influence of prohibited substances or who fail to pass a drug test shall be subject to disciplinary action, up to and including termination.

      (3)   Compliance with testing requirements. In an effort to maintain a drug and alcohol-free workplace, all employees shall be subject to urine and blood alcohol drug testing. Any employee who refuses to comply with a request for drug testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration or substitution shall be terminated for insubordination.

      (4)   Treatment requirements. All employees are encouraged to make use of the available resources for treatment for substance abuse problems. The City offers the Employee Assistance Program through the office of the Mayor. Under circumstances employees may be required to undergo treatment for substance abuse. Any employee who refuses or fails to comply with City's requirements for treatment, after care, or return to duty shall be subject to disciplinary action, up to and including termination.

       (5)   Notifying the Office of the Mayor of criminal drug conviction. Any employee who fails to notify in writing the office of the Mayor of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction shall be subject to disciplinary action, up to and including termination.

      (6)   Proper application of the policy. The City is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors/managers are encouraged to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination.

   (f)   Drug Testing. Employees shall be subject to analytical testing of urine, hair or blood prior to employment, for reasonable cause, following an accident, and prior to and after return to duty after failing a drug test and/or after completion of rehabilitation treatment or as required by Federal Regulations. To comply with Urban Mass Transit Administration 49 CFR 653.17, employees who perform UMTA-defined sensitive safety functions shall also be subject to testing on a random, unannounced basis.

   Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques and laboratory facilities which have been approved by the U.S. Department of Health and Human Services (DHHS). The City affirms the need to protect individual dignity, privacy and confidentiality throughout the testing process. Personal data regarding the drug testing program shall be released only to those persons who have a bona fide need to know the information for proper administration of the anti-drug program.

      (1)   Pre-employment testing. All applicants for civil service positions and all Corrections Officers in the Police Department, Fire Department, Public Service Department, Water Reclamation Department, and all full-time Department of Community Life employees shall undergo chemical testing prior to employment. Receipt by the Civil Service Commission of satisfactory test results is required prior to employment and failure of a drug test shall disqualify any applicant for employment for a period of 120 days. Evidence of the absence of drug or alcohol dependency from a substance abuse treatment provider or other qualified medical or mental health practitioner shall be required prior to further consideration for employment.

      (2)   Reasonable cause testing. Employees may be subject to a fitness for duty evaluation, to include appropriate urine and/or blood testing, when there is reason to believe that drug or alcohol use is adversely affecting job performance. A reasonable cause referral for testing shall be made on the basis of documented objective facts and circumstances which are consistent with the long or short-term effects of substance abuse. Examples of reasonable cause include, but are not limited to, the following:

         A.   Adequate documentation of unsatisfactory work performance or on-the-job behavior;

         B.   Physical signs and symptoms consistent with substance use;

         C.   Evidence of the manufacture, distribution, dispensing, possession or use of controlled substances, drugs, alcohol or other prohibited substances;

         D.   Occurrence of a serious or potentially serious accident that may have been caused by human error; and

         E.   Fights (to mean physical contact), assaults and flagrant disregard or violations of established safety, security or other operating procedures.

      Reasonable cause testing determinations shall be made by supervisors who are trained to detect the signs and symptoms of drug and alcohol use and who reasonably conclude that an employee may be adversely affected or impaired in his/her work performance due to substance abuse.

      (3)   Post-accident testing. Employees shall be subject to urine and/or blood testing if they are involved in an accident that results in a fatality, injuries requiring medical attention, or property damage estimated to be equal to or greater than four hundred dollars ($400.00).

      (4)   Random testing. Employees in Urban Mass Transit Administration defined "sensitive safety" positions shall be subjected to random, unannounced urine testing.

      (5)   Return to duty testing. All employees who previously tested positive on a drug test shall test negative and be evaluated and released to duty by the Mayor before returning to work. Employees may be subject to monitored random urine testing during the period of their re-entry contract.

      (6)   Employee requested testing. Any employee who questions the results of a required test under subsections (f)(l) through (f)(5) hereof may request that an additional test be conducted. This test may be conducted at the same or a different testing laboratory, provided the laboratory is certified by DHHS to meet 29 CFR Part 40 requirements. The testing shall be conducted on the same specimen originally submitted to the City's laboratory and all costs for such testing are paid by the employee.

   (g)   Employee Assistance. It is the City's policy to provide assistance to employees and immediate family members who experience personal problems, including substance abuse or dependency, which may adversely affect job performance. Employees are encouraged to voluntarily seek assistance in dealing with emotional, physical or mental health problems, including substance abuse. Confidential professional assistance, treatment planning and rehabilitation services are available, as needed. In an instance where a management referral is made, confidentiality means that only the employee assistance program coordinator and the referring supervisor shall be aware of the circumstances of the referral.

   A request for assistance for a substance abuse problem shall not, in itself, be considered grounds for disciplinary action. However, a request for assistance shall not prevent the taking of appropriate disciplinary actions for misconduct or performance problems which may be related to substance abuse. In no case shall participation in the employee assistance program shield employees who violate this policy from disciplinary action. Employees remain responsible for their on-the-job conduct and work performance, although assistance for substance abuse problems may be handled as a separate but related issue.

   (h)   Re-entry Contracts. Employees who re-enter the workforce shall agree to a re-entry contract. That contract may include, but is not limited to:

      (1)   A release to work statement from an approved treatment specialist. (The medical review officer shall also approve the employee for return to work in a sensitive safety position);

      (2)   A negative test for drugs and/or alcohol;

      (3)   An agreement to periodic testing;

      (4)   A statement of expected work-related behaviors; and

      (5)   An agreement to follow specified after-care requirements with the understanding that violation of the re-entry contract is grounds for termination.
(Ord. 2004-180. Passed 12-7-04.)