§ 35.103 CONSEQUENCES OF A CONFIRMING POSITIVE TEST RESULT.

   (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)

§ 35.104 RIGHT TO HEARING.

   (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)

§ 35.105 MANDATORY EMPLOYEE ASSISTANCE PROGRAM; REFERRAL.

   Upon the first confirmed determination that an employee is under the influence of drugs or alcohol, the city shall refer the employee to an Employee Assistance Program (EAP) for assessment, counseling and rehabilitation. All costs associated with the EAP shall be assumed by the employee. Participation in an EAP is voluntary and no disciplinary action may be taken against an employee for failure to begin or complete an EAP program. Disciplinary action based on a violation of the city’s drug and alcohol policy is not automatically suspended by an employee’s participation in an EAP and may be imposed when warranted.

(1994 Code, § 4-511) (Ord. 527, passed 6-27-1995)

§ 35.106 CONFIDENTIALITY OF TEST RESULTS.

   All information from an employee’s drug and alcohol test is confidential and only those individuals with a need to know are to be informed of test results. Disclosure of test results to any other person, agency or organization is prohibited, unless written authorization is obtained from the employee. The results of a positive drug test shall not be released until the results are confirmed. The records of unconfirmed positive test results and negative test results shall be destroyed by the testing laboratory.

(1994 Code, § 4-512) (Ord. 527, passed 6-27-1995)

§ 35.107 LABORATORY TESTING REQUIREMENTS.

   (A)   All drug and alcohol testing of employees shall be conducted at medical facilities or laboratories selected by the city. To be considered as a testing site, a medical facility or laboratory must submit in writing, a description of the procedures that will be used to maintain test samples. This submission should be maintained by the City Manager’s office.

   (B)   Factors to be considered by the city in selecting a testing facility include:

      (1)   Testing procedures which ensure privacy to employees consistent with the prevention of tampering;

      (2)   Methods of analysis which ensure reliable test results, including the use of gas chromatography/mass spectrometry to confirm positive test results;

      (3)   Chain-of-custody procedures which ensure proper identification, labeling and handling of test samples; and

      (4)   Retention and storage procedures which ensure reliable results on confirmatory test or original samples.

(1994 Code, § 4-513) (Ord. 527, passed 6-27-1995)

§ 35.108 DRUG/ALCOHOL SCREENING CONSENT FORM.

   Forms are available from the city.

(1994 Code, § 4-514) (Ord. 527, passed 6-27-1995)

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