(A) Employees are an extremely valuable resource for the city’s business. Their health and safety are a serious concern of the city. Drug or alcohol use may pose a serious threat to employee's health and safety. It is therefore the policy of the city to prevent substance use or abuse from having an adverse effect on city employees. The city maintains that the work environment is safer and more productive without the presence of alcohol, illegal or inappropriate drugs in the body or on city property. Furthermore, employees have a right to work in an alcohol and drug-free environment, and to work with employees free from the effects of alcohol and drugs. Employees who abuse alcohol or use drugs are a danger to themselves, their coworkers and the city's assets.
(B) The adverse impact of substance abuse by employees has been recognized by the federal government. The Federal Motor Carrier Safety Administration ("FMCSA") has issued regulations which require the city to implement a controlled substance testing program. The city will comply and require that a driver submit to alcohol and controlled substance tests administered in accordance with these regulations, and is committed to maintaining a drug-free workplace. All employees are advised that remaining drug-free and medically qualified to drive are conditions of continued employment with the city.
(C) Specifically, it is the policy of the city that the use, sale, purchase, transfer, possession, or presence in one's system of any controlled substance (except medically prescribed drugs) by any employee while on city premises, engaged in city business, while operating city equipment, or while under the authority of the city, is strictly prohibited. FMCSA states that mandatory testing must apply to every person who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to the CDL licensing requirement.
(D) The execution and enforcement of this policy will follow set procedures to screen body fluids (urinalysis), conduct breath testing, and/or search all covered employees including applicants, for alcohol and drug use. These procedures are designed not only to detect violations of this policy, but to ensure fairness to each employee. Every effort will be made to maintain the dignity of employees or applicants involved. Disciplinary action will, however, be taken as necessary.
(E) Neither this policy nor any of its terms are intended to create a contract of employment, or to contain the terms of any contract of employment. The city retains the sole right to change, amend, or modify any term or provision of this policy without notice. This policy is effective January 9, 2018 and will supersede all prior policies and statements relating to alcohol or drugs.
(Ord. 2-2010, passed 1-12-10; Am. Ord. 1-2018, passed 1-9-18)