(A) Policy. The use of unauthorized controlled substances by employees poses a significant danger to the health, safety and welfare of the employee and public. It undermines the public trust, adversely affects productivity, and is therefore prohibited. This policy includes post accident/incident testing provided that reasonable suspicion exists and is established. To the extent that this policy does not conflict with union contracts, this policy shall be administered for all city employees. This policy establishes “zero tolerance” of any level of alcohol or controlled substances. ZERO TOLERANCE specifically means that no level of alcohol or controlled substances is accepted for any employee of the city while on duty.
(B) Purpose. The purpose of this policy is to establish written procedures for conducting urinalysis/toxicology tests of all employees under the following conditions:
(1) When there is a reasonable suspicion that an employee is under the influence of alcohol or is using an unauthorized controlled substance while on duty;
(2) Post-accident testing; and
(3) Random alcohol/drug testing for all employees.
(C) Responsibility.
(1) All department heads, supervisors and managers are responsible for the implementation of this policy.
(2) The city is responsible for obtaining and approving the laboratory testing facility and testing procedures.
(3) The fee for testing employees shall be paid for by the city.
(D) Employment testing; reasonable suspicion.
(1) Reasonable suspicion exists if specific objective facts and circumstances warrant rational inferences that a person may be under the influence of alcohol or a banned substance. Illustrative, but not all inclusive, criteria of reasonable suspicion are:
(a) A pattern of abnormal conduct or erratic behavior; a dramatic decline in work performance; excessive sick leave usage;
(b) Information provided by a reliable and credible source which is independently corroborated by supervisory staff;
(c) Difficulty walking, slurred speech, needle marks, glazed stare;
(d) Observation, such as direct observation of use and/or physical symptoms of being under the influence of alcohol or a controlled substance; and
(e) Possession of alcohol or a controlled substance while on duty or while on city property.
(2) If an employee believes that there is reasonable suspicion that another employee is under the influence of alcohol or a controlled substance, that employee should report his or her suspicion to his or her immediate supervisor.
(3) If the supervisor believes that there is reasonable suspicion that an employee in under the influence of alcohol or a controlled substance, he or she must confirm his or her suspicion with the department head. If those suspicions are confirmed, the suspected employee will be immediately notified that a blood or urine sample will be required. The following procedures will be immediately taken:
(a) The employee shall sign a release and consent authorization form for the alcohol/drug testing information to be released to the city;
(b) The employee’s refusal to take the alcohol/drug test shall be treated the same as a positive test result. If an employee leaves the premises after being advised by his or her supervisor of the above, it shall be considered “insubordination,” and as if the employee had refused to submit to the test, which is a violation of this policy. The violation shall be considered “just cause” and treated in the same manner as a positive test result;
(c) Chain-of-custody documentation for the specimen shall be maintained by the doctor, collection facility and/or laboratory from collection to analysis to destruction. A copy of the results shall be forwarded to the city;
(d) The employee will be escorted by the supervisor to a designated collection facility or laboratory where a urine/blood sample will be taken by a medical professional. The test results shall be submitted to the city where they shall remain as confidential;
(e) Upon completion of the tests, the employee shall be transported to his or her residence. Under no circumstances shall an employee suspected of being under the influence of alcohol or using drugs be allowed to leave the work site or the test site driving his or her own or a city owned vehicle. If there is reason to believe that a medical or safety issue might exist at the time of employee testing, the employee will be evaluated by a physician at the testing facility for medical clearance to return to his or her residence; and
(f) The employee shall remain on paid status until the results are received. If the test is positive, the employee will be notified and will be given the opportunity to present information that the positive result was the result of an over-the-counter or prescribed drug, or that special circumstances may have affected the test results.
(E) Employment testing; random testing. Random alcohol/drug testing shall be performed for all city employees. Testing dates and times will be unannounced and with unpredictable frequency throughout the calendar year. All testing will be done in the same manner as previously outlined in this policy. All employees will be issued a written explanation of the rules and procedures to be followed to accomplish random test requirements.
(F) Post-accident testing.
(1) Post-accident drug/alcohol testing for any employee operating a city owned vehicle is required when:
(a) A fatality occurs; and
(b) Any time the driver receives a citation under state or local laws and personal injury is involved or the vehicle must be towed from the scene.
(2) Testing must be done as soon as possible after the accident. Testing for alcohol must be done within two hours and for drugs within 32 hours after the accident.
(3) “Reasonable suspicion” may also be applicable as cause for post-accident testing. In addition to affecting those employees who drive commercial vehicles, any employee who utilizes a city vehicle may be subject to post-accident testing.
(G) Payment for testing.
(1) The city will assume all costs for testing outlined in this policy.
(2) If an employee tests positive for alcohol or any controlled substance, he or she will be terminated from his or her employment with the city or given the opportunity to resign.
(H) Test results.
(1) All test results and related documentation will be treated confidentially and shall not be utilized by the city for any purpose other than employment matters.
(2) Test results shall not be released to any other agency or to prospective employers of the employee without the written consent of the employee. Test results shall not be released to any law enforcement agency, except pursuant to a lawful subpoena or court order.
(I) Disciplinary action for positive test results.
(1) A positive test result for either alcohol or a controlled substance will result in the employee’s immediate termination, or the city may accept the employee’s resignation. The action described herein is not mutually exclusive of any other action that another agency may take.
(2) Any violation of this policy is considered “just cause” for termination.
(3) An employee showing a positive test result of any kind for controlled substances, while on duty, shall be given the opportunity to either resign or be terminated.
(4) An employee showing a positive test result of any kind for alcohol, while on duty, shall be given the opportunity to either resign or be terminated.
(5) An employee’s first offense for a positive reading for controlled substances or alcohol will result in immediate termination of employment, or the city will accept the employee’s resignation.
(J) Employee assistance.
(1) The city fully supports all assistance programs that are available and encourages employees who have alcohol and/or drug problems to seek these confidential services. These services play an important role by providing employees an opportunity to eliminate alcohol and drug use. These treatment centers will follow up with individuals during their rehabilitation and track their progress and encourage successful completion of the program.
(2) Admittance to an assistance program is not a substitute for work rule violations.
(Ord. 99-50, passed 10-26-1999)