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(A) The city has a legal responsibility and management obligation to ensure a safe work environment, as well as paramount interest in protecting the public by ensuring that its employees have the physical stamina and emotional stability to perform their assigned duties. A requirement for employment must be an employee who is free from drug or alcohol dependence, illegal drug use or drug/alcohol abuse.
(B) Liability could be found against the city and the employee if the city fails to ensure that employees can perform their duties without endangering themselves or the public.
(C) There is sufficient evidence to conclude that the use of illegal drugs/alcohol, drug/alcohol dependence and drug/alcohol abuse seriously impairs an employee’s performance and general physical and mental health. The illegal possession and use of drugs, alcohol and/or narcotics by employees of the city is a crime in this jurisdiction and clearly unacceptable. Therefore, the city has adopted this written policy to ensure drug tests are ordered as the result of reasonable suspicion by supervisory personnel and based on observed behavior or work performance; and whereby employees know testing is a requirement of employment.
(1994 Code, § 4-501) (Ord. 527, passed 6-27-1995)