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(A) The city shall provide written notice of its drug and alcohol testing policy to all employees.
(B) The notice shall contain the following information:
(1) The need for drug and alcohol testing;
(2) The circumstances under which testing may be required;
(3) The procedures for confirming an initial positive drug test result;
(4) The consequences of a confirmed positive test result;
(5) The consequences of refusing to undergo a drug and alcohol test;
(6) The right to explain a positive test result and the appeal procedures available; and
(7) The availability of drug abuse counseling and referral service.
(1994 Code, § 4-504) (Ord. 527, passed 6-27-1995)
(A) Before a drug and alcohol test is administered, employees will be asked to sign a consent form authorizing the test and permitting release of test results to those city officials with a need to know. The consent form shall provide space for employees to acknowledge that they have been notified of the city’s drug testing policy and to indicate current or recent use of prescription or over-the-counter medication.
(B) The consent form shall also set forth the following information:
(1) The procedure for confirming an initial positive test result;
(2) The consequences of a confirmed positive test result;
(3) The right to explain a confirmed positive test result and the appeal procedures available; and
(4) The consequences of refusing to undergo a drug and alcohol test.
(1994 Code, § 4-505) (Ord. 527, passed 6-27-1995)
(A) The city may require a current city employee to undergo drug and alcohol testing if there is reasonable suspicion that the employee is under the influence of drugs or alcohol during working hours. REASONABLE SUSPICION means an articulate belief based on specific facts and reasonable inferences drawn from those facts, that an employee is under the influence of drugs or alcohol.
(B) Circumstances which constitute a basis for determining reasonable suspicion may include, but are not limited to:
(1) A pattern of abnormal or erratic behavior;
(2) Information provided by a reliable and credible source;
(3) A work-related accident;
(4) Direct observation of drug or alcohol use; or
(5) Presence of the physical symptoms of drug or alcohol use (i.e., glassy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination and/or reflexes).
(C) Supervisors are required to detail in writing, the specific facts, symptoms or observations which formed the basis for their determination that reasonable suspicion existed to warrant the testing of an employee. This documentation shall be forwarded to the appropriate department head or designated alternate.
(1994 Code, § 4-506) (Ord. 527, passed 6-27-1995)
An employee who refuses to consent to a drug and alcohol test when reasonable suspicion of drug or alcohol use has been identified is subject to disciplinary action, up to and including termination. The reason(s) for the refusal shall be considered in determining the appropriate disciplinary action.
(1994 Code, § 4-507) (Ord. 527, passed 6-27-1995)
(A) An employee whose drug test yields a positive result shall be given a second test using a gas chromatography/mass spectrometry test. The second test shall use a portion of the same test sample withdrawn from the employee for use in the first test.
(B) If the second test confirms the positive test result, the employee shall be notified of the results in writing by the appropriate department head or designated alternate. The letter of notification shall identify the particular substance found and its concentration level.
(C) An employee whose second test confirms the original positive test results may, at the employee’s own expense, have a third test conducted on the same sample at a laboratory selected by the city.
(1994 Code, § 4-508) (Ord. 527, passed 6-27-1995)
(A) If an employee’s positive test result has been confirmed, the employee is subject to disciplinary action up to and including termination.
(B) Factors to be considered in determining the appropriate disciplinary response include the employee’s work history, length of employment, current job performance and existence of past disciplinary actions. No disciplinary action may be taken against employees who voluntarily identify themselves as drug users, obtain counseling and rehabilitation through the city’s employee assistance program or other program sanctioned by the city, and thereafter refrain from violating the city’s policy on drug and alcohol abuse.
(1994 Code, § 4-509) (Ord. 527, passed 6-27-1995)
(A) If an employee’s positive test results have been confirmed, the employee is entitled to a hearing before disciplinary action may be taken by the city.
(B) The hearing shall be held in accordance with the appeal procedure as stated in Rule XII of the city’s personnel rules and regulations.
(1994 Code, § 4-510) (Ord. 527, passed 6-27-1995)
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