(a) Introduction and Purpose.
(1) In an effort to promote and maintain a safe and healthy environment for City employees, establish a standard of conduct for City employees, protect the public health, safety, and welfare, and to uphold the public confidence in the work performed by City employees, the City has determined that an employee drug and alcohol testing program should be established. The purpose of this Policy is to establish such a program; to implement procedures governing the administration of the program; and to publish a policy statement regarding the establishment of the program.
(2) This Policy shall be applicable to all personnel of the City of Conneaut, (full-time, part-time, auxiliary, temporary and seasonal), and shall be strictly enforced by all Department/Division Heads and other supervisory personnel. Questions regarding this Policy should be directed to your supervisor, Department/Division Head, or the Office of the City Manager.
(b) Policy.
(1) Any location at which City business is conducted, whether at this or any other site, is hereby declared to be a DRUG-FREE WORKPLACE. This means that all employees are absolutely prohibited from unlawfully manufacturing, distributing, dispensing, possessing, or using controlled substances in the workplace. Reporting for work while under the influence of alcohol and/or illegal drugs, or with any residual effects from alcohol and/or illegal drug use (e.g. impaired judgement, sickness, impaired reflexes, etc.) is likewise prohibited. For purposes of this policy, an employee is considered to be "under the influence" of a drug or controlled substance when any detectable amount of such drug or controlled substance (or any of its metabolites) is found to be present in the employee.
(2) City employees are also hereby advised that any building, facility, structure, property, etc., or the contents thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the City shall be subject to unannounced inspection at any time by appropriate supervisory personnel and City officials.
(3) The following constitutes a partial list of controlled substances: (For a more detailed listing and explanation of controlled substances, please consult the attached listing entitled "Controlled Substances - Uses & Effects.")
* Narcotics (heroin, morphine, etc.)
* Cannabis (marijuana, hashish)
* Stimulants (cocaine, diet pills, etc.)
* Depressants (tranquilizers)
* Hallucinogens (PCP, LSD, "designer drugs", etc.)
(4) Compliance with this policy shall be strictly enforced and shall be a condition of continued employment. Any employee violating this policy shall be subject to appropriate disciplinary action, which may include suspension or dismissal.
(5) City employees are hereby advised that they may also be subject to appropriate disciplinary action for engaging in off duty, illegal conduct/behavior unbecoming a City employee emanating from the use of alcohol and/or illegal drugs which, in the judgement of the City Manager, detracts from the image or reputation of the City as an organization or which, in the judgement of the City Manager, erodes the public confidence in the City as an organization (e.g. disorderly conduct, assault, fighting, criminal menacing, disturbing the peace, OMVI, etc., or other criminal acts).
(6) It shall be the policy of the City of Conneaut that, City employees, including Department/Division Heads and supervisory personnel, shall be required as a condition of employment, to submit upon request, to a urinalysis, breath, saliva and/or blood test (whichever the City deems most appropriate) to detect the presence of illegal drugs or alcohol in their system in the following circumstances:
A. Pre-employment;
B. Random Selection (NOTE: Random drug and alcohol screening will apply to those positions that presently require random screens under federal law. Random screening for all employees may be instituted at a later date and employees will be notified in advance of the implementation of this policy);
C. When the City has reasonable suspicion to believe that an employee is under the influence of illegal drugs or alcohol while on City premises or on City business;
D. Following a serious violation of safety policies, rules, and regulations.
E. Following a work-related accident resulting in any of the following:
1. Bodily injury (other than minor abrasions/contusions) to the employee or any third party requiring off-site medical attention;
2. Issuance of a traffic citation to the employee for a moving violation in connection with a vehicular accident;
3. Vehicular damage in apparent excess of $1,000;
4. Non-vehicular property damage in apparent excess of $500;
5. Any accident involving fatalities.
F. Return to work following treatment for an alcohol or drug problem.
(7) Employees who are directed to submit to testing shall be required to sign the attached consent form, which includes consent that notice of the test results will be released to City of Conneaut. However, any and all records pertaining to results as well as assessment and treatment services are considered confidential. Such documentation shall be maintained in a separate file and shall not be considered part of the employee's personnel file.
(8) Employees are hereby advised that if required to submit to testing, failure to consent to the testing may result in appropriate disciplinary action, which may include suspension or dismissal. The actual discipline to be imposed shall take into consideration all facts and circumstances including the expressed reasons for the employee's refusal, the need for the testing, the employee's desire for rehabilitation, and the employee's job performance.
(9) Employees who have been found, through the testing procedures identified in subsection (e) hereof, to have been under the influence of drugs or alcohol, or who have engaged in conduct which obstructs the testing procedures (i.e. the use of masking agents or other products to adulterate or dilute specimens), shall not be paid for the time they are off work awaiting the testing results, and shall be subject to appropriate disciplinary action including suspension or dismissal.
(c) Drug-Free Awareness and Employee Assistance.
(1) Employees have a right to know the dangers of drug abuse in the workplace, the City's policy regarding such drug abuse, and what help is available to combat drug problems. This Policy articulates the City's policy on this matter.
(2) The City will institute an annual awareness program for all employees on the dangers of drug abuse in the workplace. Posters, brochures, and appropriate guest speakers at periodic group meetings will communicate information to employees. Topics will include: information related to alcohol and drug abuse; how substance abuse affects work performance and safety; the effects, signs and symptoms of alcohol and drug abuse; and where to obtain help for an alcohol or drug problem.
(3) In addition, to assist employees in overcoming drug abuse problems, the City will offer the following rehabilitative help where applicable:
A. Medical benefits for drug-abuse treatment.
B. Information about community resources for assessment and treatment.
C. Employee Assistance Program.
(4) Employees are hereby advised that where rehabilitative assistance is offered by the City and agreed to by the employee, failure of the employee to adhere to conditions with regard to the rehabilitative program may result in appropriate disciplinary action including suspension or dismissal.
(5) It should be noted that medical benefits for drug abuse treatment, as mentioned above, shall be limited to those covered by the City of Conneaut medical plan. In addition, it should also be noted that the City medical plan is a benefit provided only to those employees of the City that are serving in Full-Time Permanent positions. Furthermore, it should be noted that the Employee Assistance Program (EAP), as mentioned above, is a benefit, which will be provided only to employees serving in Full-Time or Part- Time Permanent positions.
(d) Supervisory Training.
(1) The City will also provide training to assist supervisory personnel in identifying alcohol and/or illegal drug use by employees. This training will be conducted by a qualified trainer holding one of the following credentials:
A. Substance Abuse Professional (SAP);
B. Certified Employee Assistance Professional (CEAP);
C. Certified Chemical Dependency Counselor (CCDC III);
D. Ohio Certified Prevention Specialist (OCPS);
E. Ohio Certified Prevention Consultant (OCPC).
(2) This training shall cover the following subjects:
A. The physical, behavioral, and the performance indicators of drug use/abuse;
B. The effects of drug use/abuse;
C. Recognizing performance deficiencies caused by drug use/abuse;
D. Confronting employees with suspected alcohol and/or drug use/abuse.
(e) Drug and Alcohol Testing Procedures.
(1) Drug and alcohol testing shall be conducted in the following manner:
A. When circumstances arise which require drug and/or alcohol testing, the Department/Division Head shall contact the City Manager or, in his absence, his designee, to obtain approval for testing. (Under circumstances involving "reasonable suspicion", the supervisor and/or Department/Division Head should refer to appendix A, "Reasonable Suspicion Checklist".) Should disagreement exist between the employee's supervisor and the appropriate Department/Division Head regarding whether or not to proceed with testing, the City Manager shall make the final determination. Upon receiving approval to proceed with testing, the supervisor shall escort the employee to a designated D.H.H.S. (Department of Health and Human Services) certified laboratory. After specimen collection, the employee shall be escorted home. (In circumstances involving "post accident" testing, where the employee requires off-site medical attention, the testing procedure shall be initiated after proper medical attention has been rendered. In the event the employee is hospitalized, testing shall be accomplished by blood within the hospital environment as soon as possible.)
B. In screening for the presence of drugs or alcohol generally accepted screening procedures shall be used. Whenever an employee is required to provide urine or blood for the screening procedure, the employee shall be required to provide a split specimen at the time of collection in order to facilitate the screening procedure.
C. When screenings are performed, the threshold level for determination shall be established in accordance with generally accepted medical procedures and existing laws or regulations.
D. Urine or blood specimens will be tested for alcohol, marijuana, opiates, benzodiazepines, cocaine, amphetamines, propoxyphene, PCP, barbiturates, methadone, and phencyclidine.
E. In testing urine or blood specimens for the presence of illegal drugs and/or alcohol, the first specimen shall be submitted for testing to a certified laboratory. If illegal drugs and/or alcohol are found in the first specimen, then that same specimen shall be submitted for further verification (confirmatory) testing. If both initial and verification (confirmatory) tests are positive for an illegal drug and/or alcohol, the City Manager, or his designee, shall be notified by the Medical Review Officer (MRO) at the certified laboratory. The City Manager, or his designee, shall in turn contact the employee.
F. The employee must then decide whether or not he/she wishes the second specimen provided at the initial collection to be further tested. The employee shall have seventy-two (72) hours from the positive test report to request retesting. If the employee so requests, then the second specimen shall be tested using a second certified laboratory. The employee shall be responsible for the cost for retesting a split specimen testing.
G. If the employee does not request the screening of the second specimen after the initial specimen tests positive, or if the employee does request the testing of second specimen and it also tests positive for an illegal drug or alcohol, appropriate rehabilitative and/or disciplinary action shall be taken, which may include suspension or dismissal.
H. In the initial testing of the first blood/urine specimen provided at the time of collection, should masking agents (e.g. Klear, Ur-n-luck, Zydot, etc.) be detected, such shall be considered as a "refusal to submit to testing" and the option to pursue testing of the second specimen shall be forfeited. The City shall be so notified. Such "refusal to submit to testing" shall result in appropriate disciplinary action, including suspension or dismissal.
I. In the testing of blood/urine specimens provided at time of collection, should a "dilute negative" result be received by the City, the employee shall be required to repeat the testing procedure within 24 hours. The result of the second test shall then become the test of record. Should the employee decline to take the second test, such shall constitute a refusal to submit to testing, which shall result in appropriate disciplinary action, including suspension or dismissal. Should a "dilute positive" result be received by the City on the first or second test, such shall be considered as a verified positive test, which shall result in appropriate disciplinary action, including suspension or dismissal.
J. Should the City use breath alcohol testing as an alternate method to blood/urine testing, all breath testing shall be administered by a trained Breath Alcohol Technician (BAT). In addition, only Evidential Breath Testing (EBT) devices certified by the Federal Government shall be used along with the prescribed breath alcohol testing form.
K. In the administration of breath alcohol testing, an initial breath test shall be conducted via the Evidential Breath Testing (EBT) device. If the initial test results in a reading of less than 0.02, the test shall be recorded as "negative". If the initial test results in a reading of 0.02 or greater, a confirmatory test shall be administered. Prior to the administration of a confirmatory test, there shall be a 20-30 minute waiting period to ensure that the presence of mouth alcohol from recent use of food, tobacco, or hygiene products does not artificially raise the test result. Should the confirmatory test result be different from the initial test result, the confirmatory test shall be deemed the final result. A test result of 0.02 or greater on the confirmatory test shall result in appropriate disciplinary action, which may include suspension or dismissal.
L. Following the receipt of drug and/or alcohol testing results by the City, the City shall advise the employee regarding his/her return to work.
(f) Referral to Employee Assistance Program.
(1) If the results of drug and/or alcohol testing do not warrant dismissal of the employee, a referral to the Employee Assistance Program will be offered. Employees are hereby advised that although offered an assessment through the Employee Assistance Program, they are still subject to appropriate disciplinary action. If offered a referral to the Employee Assistance Program, an employee has five (5) calendar days following the referral to contact the EAP representative.
(2) If an employee accepts a referral to the EAP for assessment as a result of a positive drug and/or alcohol test, and/or a criminal conviction for violation of a criminal drug statute, he/she must comply with any recommendation made by the EAP Drug and Alcohol Counselor resulting from an assessment, as a condition of continued employment. The employee shall further comply with random drug and/or alcohol testing for a period of up to two years. Failure to comply with any of the conditions associated with referral to the EAP, the recommendations of the Counselor, the conditions associated with the rehabilitation program, or the random testing, as specified above, may result in dismissal of the employee.
(3) The employee shall be responsible for any and all out of pocket expenses related to assessment, treatment and return-to-work alcohol and drug screening.
(g) Criminal Conviction.
(1) Pursuant to the provisions of the Drug-Free Workplace Act, any employee convicted of violating a criminal drug statute in this workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five (5) days of the conviction occurring. Failure to so inform the City shall subject the employee to appropriate disciplinary action including suspension or dismissal.
(2) The City reserves the right to offer employees convicted of violating a criminal drug statute in the workplace, participation in an approved rehabilitation or drug abuse assistance program. If such a program is offered, and accepted by the employee, then the employee must adhere to conditions with regard to the rehabilitation as a condition of continued employment.
(h) Employee Acknowledgment. All employees shall be required to acknowledge, in writing, that they have read this Policy, have been permitted to ask questions concerning the policy and agree to abide by it in all respects. This acknowledgment and agreement shall be required of each employee as a condition of continued employment.
CITY OF CONNEAUT
EMPLOYEE CONSENT
TO DRUG AND ALCOHOL TESTING
I understand that in consideration for my continued employment with the City of Conneaut, I must voluntarily consent to a breath, saliva, urinalysis, and/or blood test to detect the presence of illegal drugs or alcohol in my system. I also understand that I am subject to appropriate disciplinary action including suspension or dismissal, if the test results are positive, if masking agents are detected in specimens I provide in conjunction with the testing procedure, or if I refuse to sign this consent and thereby decline to be tested.
I hereby knowingly and voluntarily consent to the City of Conneaut's request and authorize them to conduct, through its designated testing laboratory or other licensed/certified medical professionals/technicians, urinalysis, blood, saliva, or breath testing.. In addition, I authorize the designated testing laboratory or other licensed/certified medical professionals/technicians to release any and all information regarding the tests, including their results, to the City of Conneaut and its representatives. I further release the City of Conneaut, its officers, directors, employees, agents, representatives, from any and all claims, suits, causes of action, liability, and damages arising from my submitting to the tests and from the information obtained from the tests.
Employee Witness Date Date
______________________________________________ I refuse to consent to a breath, saliva, urinalysis, and/or blood test: Employee Witness Date Date |
APPENDIX A
REASONABLE SUSPICION CHECKLIST (DRUG/ALCOHOL POLICY)
Name of employee unfit for duty
Division Time Date When there is reasonable suspicion that an employee is at work unfit for duty, the supervisor in charge must complete all of the steps outlined below. |
OBSERVATION CHECKLIST (Check all pertinent items below)
Walking | o Holding on o Unsteady | o Stumbling o Staggering | o Unable to walk o Swaying | o Falling o Other: |
Standing | o Swaying o Rigid | o Feet wide apart o Staggering | o Unable to stand o Sagging at knees | o Other: |
Speech | o Whispering o Incoherent o Slow | o Slurred o Slobbering o Mute | o Shouting o Silent | o Rambling o Other: |
Demeanor | o Cooperative o Polite o Sarcastic | o Calm o Sleepy o Silent | o Crying o Sleeping on job o Argumentative | o Talkative o Excited o Other: |
Actions | o Hostile o Threatening o Erratic | o Fighting o Hyperactive | o Profanity o Resisting Communication | o Drowsy o Other |
Eyes | o Bloodshot o Dilated | o Watery o Glassy | o Droopy o Closed | o Other: |
Face | o Flushed | o Pale | o Sweaty | o Other: |
Appearance and Clothing | o Neat o Odor | o Messy o Dirty | o Stains on clothes o Partially dressed | o Other: |
Breath | o No Alcoholic Odor o Alcoholic | o Faint Alcoholic Odor | o Heavy usage of breath spray | o Sweet/ pungent tobacco odor o Other: |
Movements | o Fumbling o Slow | o Jerky o Normal | o Nervous o Hyperactive | o Other: |
Chewing | o Gum o Tobacco | o Candy | o Mints | o Other: |
Miscellaneous | o On the job misconduct o If there are witnesses to employee’s conduct list below: | o Employee admissions concerning use of alcohol and/or drug use possession o Presence of alcohol and/or drugs in employee’s possession or vicinity | ||
Other Observations: | Employee explanation of items checked above | |||
o CONTACT OFFICE OF THE CITY MANAGER | ||||
Once this portion of the form has been completed you are now ready to follow the procedures for testing. | ||||
o Employee has agreed to testing (Check one) o Employee has not agreed to testing | ||||
_______________ Signature of supervisor in charge _______________ Date | _______________ Signature of Employee ______________ Date |
CITY OF CONNEAUT
DRUG-FREE WORK PLACE POLICY AND TESTING PROCEDURE
ACKNOWLEDGMENT
I hereby acknowledge that I have received a copy of the City's Drug-Free Work Place Policy and Testing Procedure; that I have been given the opportunity to ask questions about the policy; and that I have read and understand the content of said policy.
Print employee name Date Employee signature |
(Ord. 02-05. Passed 1-10-05.)