(A) Pre-employment testing.
(1) No employee shall be hired without being subjected to and passing a controlled substance test, by a testing agency selected by the city’s Board of Public Works.
(2) At the discretion of the city, an applicant may not need to submit to a controlled substance test if that applicant can verify that he or she has participated in a valid DOT drug testing program within the proceeding 30 days and while participating in that program, was either tested within the past 30 days. The city can require an applicant to submit to a pre-employment controlled substance test even if that applicant can verify that he or she has previously participated in a drug testing program.
(3) All individuals applying for a transfer or new position with the city must sign a release of information as a condition of employment. This release is intended to permit the city to contact previous employers and receive a disclosure all information concerning the employee, including but not limited to alcohol/controlled substance testing results and insurance and employment records.
(4) The city will incur all costs of one pre-employment controlled substance test.
(B) Post-accident testing.
(1) Any employee involved in an accident, which does or could result in:
(a) The loss of human life;
(b) The issuance of a citation under state or local law for a violation arising from the accident; or
(c) An injury to any person which could require medical treatment, either at the scene or away from the scene of the accident shall be subject to be given a post-accident alcohol and/or controlled substance tests. The city can order an employee to submit to post-accident tests after any accident. Post-accident testing for circumstances other than listed above can be ordered on a case-by-case basis, at the discretion of the Safety Director or his or her designee. Employees must contact their immediate supervisor, the Safety Director and/or any other designated city or department official as soon as possible following any accident.
(2) Any employee who is involved in an accident and may be subject to a post-accident test shall remain readily available for such testing. That employee must make his or her whereabouts known to his or her immediate supervisor and the Safety Director, for a period of eight hours following the accident. Failure to do so will be regarded as a refusal to take a post-accident test, if one may be required.
(C) Post-accident alcohol tests.
(1) In the case that an accident requires the ordering of a post-accident alcohol test, the immediate supervisor and the Safety Director should make every effort to arrange for the administration of an alcohol test within two hours of the time of the accident. If the test is not administered within two hours of the accident, then written record shall be made stating the type of test, triggering event(s), reason(s) the test could not be completed and where the test would have occurred if given.
(2) If the test is not administered within eight hours of the time of the accident, then his or her immediate supervisor and the Safety Director should cease attempts to have the alcohol test administered and make written record stating the type of test, triggering event, reasons the tests could not be complete and where the test would have occurred if given.
(3) An employee who is or may be required to take a post-accident alcohol test shall not use alcohol for eight hours following the time of the accident, or until after the post-accident alcohol test has been administered, whichever is first.
(D) Post-accident controlled substance tests.
(1) In the case that an accident requires the ordering of a post-accident controlled substance test, the employee’s immediate supervisor and the Safety Director shall make every effort to arrange for the administration of a controlled substance test within 32 hours of the time of the accident.
(2) If the test is not administered within 32 hours of the accident, the immediate supervisor and the Safety Director should cease attempts to have the controlled substance test administered and make written record stating the type of test, triggering event, reasons the test could not be completed and where the test would have occurred.
(3) An employee who is or may be required to take a post-accident controlled substance test shall not use controlled substances for 32 hours following the time of the accident, or until after the post accident controlled substance test has been administered, unless medically necessary.
(E) Accidents resulting in serious injury/death of the employee. As a condition of continuing employment, all employees of the city shall execute a release authorizing the city to obtain/secure substances and/or information, reports and documentation verifying the absence or presence of controlled substances and/or alcohol in any situation where an employee involved in an accident requiring a post-accident controlled substance and/or alcohol test has sustained injuries that do not allow the employee to consent or submit to post accident tests.
(F) Tests administered by other authorities. The results of alcohol or controlled substance tests administered by federal, state or local officials having independent authority to order such tests (i.e., law enforcement agencies) shall meet the requirements of this section, provided such tests conform to the applicable federal, state or local requirements and that the results of the test are obtained by the employer.
(G) Section notes. Nothing in this section should be construed as to the delay or deny any employee necessary medical treatment or to prohibit the employee from leaving the scene of an accident:
(1) To obtain assistance in responding to the accident;
(2) At the direction of a law enforcement officer investigating the accident; or
(3) To receive any required medical attention.
(H) Random testing.
(1) All safety-sensitive employees are subject to random controlled substance and alcohol testing. Names of employees subject to random testing will be entered into a pool and selected from that pool, at random, by a scientifically valid method. Each employee has an equal chance of being tested each time selections are made. Random selections may result in an employee being selected more than once in a calendar year or not at all.
(2) Dates of future tests shall be unannounced and be treated as confidential information.
(I) Random testing rate.
(1) The minimum annual rate at which the total employee population safety sensitive positions (as defined) are randomly tested is 50% for controlled substance use and the same as the DOT for alcohol use.
(2) The city reserves the right to determine whether controlled substance and alcohol testing pools will be combined or chosen separately. If testing pools are combined, then half of the individuals selected to be tested for controlled substances will also be tested for alcohol. If testing pools are chosen separately, then two random selections will occur. One selection will be for those employees who are to be tested for alcohol and the other selection will be for those who are to be tested for controlled substances. The random nature of this selection process may cause an employee who is selected to be tested for controlled substance to also be selected for an alcohol test.
(3) In accordance with DOT/FHWA regulations, the city will ensure that an appropriate number of employees who operate commercial motor vehicles and hold CDLs will be randomly tested for controlled substance and alcohol use.
(J) Employee notification.
(1) Employees will be tested just before, during or just after performing job functions (i.e., sometime during their normally scheduled work day.) If an employee who is selected for testing is on vacation or absent from work either an alternate employee will be selected in his or her place or the employee will be required to submit to the test when he or she returns.
(2) (a) Employees will be notified that they have been selected to be tested by the Safety Director or his or her designee. Employees selected to be tested will not be notified until the day of the test, preferably immediately before the test is to be administered. Once an employee is notified that he or she has been selected for testing, he or she must immediately proceed to the designated collection area and submit all required samples.
(b) Failure to proceed to the testing area or to submit required samples will be deemed by the city as having refused to submit to testing and will be cause for immediate termination of employment.
(K) Reasonable suspicion testing.
(1) All employees who hold supervisory positions within the city work force shall attend a training course to become educated in recognizing the circumstances which give rise to reasonable suspicion drug and alcohol testing.
(2) An employee must submit to an alcohol and/or controlled substance test if a supervisor or the Safety Director has determined that reasonable suspicion exists to believe the employee is under the influence of alcohol and/or controlled substances.
(3) A supervisor or Safety Director must witness and document specific observations relating to the appearance, body odor, speech or behavior of the employee to determine that a test must be ordered.
(4) The city will bear the cost of a reasonable suspicion alcohol and/or controlled substance test.
(5) While awaiting the results of a reasonable suspicion alcohol or controlled substance test, the employee may be required to refrain from performing any safety sensitive jobs and may be assigned to perform non-sensitive duties until the results of the tests are received.
(L) Time for conducting reasonable suspicion alcohol tests.
(1) In the case that reasonable suspicion requires the ordering of an alcohol test, the supervisor, Safety Director or his or her designee should make every effort to arrange for the administration of the alcohol test within two hours of determining that reasonable suspicion exists. If the test is not administered within two hours, then written record should be made stating the type of test, triggering event, reasons the test could not be completed and where the test would have occurred.
(2) If the test is not administered within eight hours of the time of determination, then the supervisor, Safety Director or his or her designee shall cease attempts to have the alcohol test administered and make written record stating the type of test, triggering event, reasons the test could not be completed and where the test would have occurred.
(3) An employee who has been ordered to take a reasonable suspicion alcohol test shall not use alcohol for eight hours following the time of notification, or until after the alcohol test has been administered, whichever is first.
(M) Time for conducting reasonable suspicion controlled substance tests.
(1) In the case that reasonable suspicion requires the ordering of a controlled substance test, the supervisor, Safety Director or his or her designee shall make every effort to arrange for the administration of a controlled substance test within 32 hours determining that reasonable suspicion exists.
(2) If the test is not administered within 32 hours that reasonable suspicion exists, the supervisor, Safety Director or his or her designee shall cease attempts to have the controlled substance test administered and make written record stating the type of test, triggering event, reasons the test could not be completed and where the test would have occurred.
(3) An employee who is ordered to take a post-accident controlled substance test shall not use controlled substances for 32 hours following notification, or until after the controlled substance test has been administered, unless medically necessary.
(N) Return to duty/follow-up testing.
(1) Return to duty. An employee who has tested positive for controlled substance or alcohol use shall test negative for controlled substances and alcohol before being considered “re-qualified” for returning to duty. Both alcohol and controlled substance return to duty test must be required, at the recommendation and direction of a substance abuse professional (SAP).
(2) Follow-up.
(a) An employee who has tested positive will be subject to follow-up controlled substance and alcohol testing upon returning to duty. Both alcohol and controlled substance follow-up tests may be required, at the recommendation and direction of a substance abuse professional (SAP). These tests shall be unannounced and given at least six times in the first 12 months. The follow-up testing may not continue beyond 60 months from the date of re-qualification for duty and may be terminated at any time after the first six tests at the recommendation of the SAP.
(b) The employee shall be subject to random selection testing in addition to any follow-up testing.
(c) The employee must bear the cost of all evaluations, prescribed treatments and return to duty/follow-up testing.
(O) Baseline testing. A baseline test is a one-time test performed on all covered employees at the onset of random testing policy. All employees in safety sensitive positions shall submit to a baseline controlled substance and/or alcohol test. The city shall bear the cost of such testing.
(Ord. 2000-OR-02, passed 3-6-2000)