(a) City of Geneva is committed to protecting the safety, health and well-being of all employees and other individuals in our workplace. We recognize that alcohol abuse and drug use pose a significant threat to our goals. We have established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug-free environment.
(1) This policy recognizes that employee involvement with alcohol and other drugs can be very disruptive, adversely affect the quality of work and performance of employees, pose serious health risks to users and others, and have a negative impact on productivity and morale.
(2) This policy shall not supersede any provision of current collective bargaining agreements, or state or Federal law requirements or protections.
(b) Covered Workers. Any individuals who conduct business for the organization, is applying for a position or is conducting business on the organization's property is covered by our drug-free workplace policy. Our policy includes, but is not limited to executive management, managers, supervisors, full-time employees, part-time employees and applicants.
(c) Applicability. Our drug-free workplace policy is intended to apply during each employee's individual working hours, including an employee on paid standby.
(d) Prohibited behavior is a violation of our drug-free workplace policy for any employee to use, possess, sell, trade, and/or offer for sale alcohol, illegal drugs or intoxicants during the employee's individual working hours, including an employee on paid standby.
(e) Notification of Convictions. Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within thirty days of notification. Federal contracting agencies will be notified when appropriate.
(f) Searches. The City reserves the right to conduct unannounced searches of its property, and facilities, including work areas, desks, and any City property used by employees, at anytime. No employee has the right to interfere with or object to such searches of City property based on expectations of privacy or otherwise.
(g) To ensure the accuracy and fairness of our testing program, all testing will be conducted according to DHHS/SAMHSA guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician's prescription, for the positive result; and a documented chain of custody. All drug-testing information will be maintained in separate confidential records. Each employee, as a condition of employment, will be required to participate in pre-employment, post-accident, reasonable suspicion and follow up testing upon selection or request of management. "Reasonable suspicion" shall be based on specific and articulable facts that, taken together with rational inferences from those facts, would indicate that the employee has violated the drug-free workplace policy. The substances that will be tested for are listed under the UHCH Drug Screening 10 panel expanded. This list may be adjusted as needed. Testing for the presence of alcohol will be conducted by analysis of breath. Testing for the presence of the metabolites of drugs will be conducted by the analysis of urine or blood with employees consent. Subject to the provisions of a current collective bargaining agreement, any employee who tests positive may be offered to sign a Last Chance Agreement which will inform of all conditions for continued employment which will include a referral to a substance abuse professional for assessment and recommendations. An employee must follow all recommendations made by the substance abuse professional and will be required to pass a return-to-duty test and sign a return-to-work Agreement, subject to ongoing, unannounced, follow-up testing for a period of up to two years and terminated immediately if he/she tests positive a second time or violates the return-to-work agreement. An employee will be subject to the same consequences of a positive test if he/she refuses the screening or the test, adulterates or dilutes the specimen, substitutes the specimen with that from another person or sends an imposter, will not sign the required forms or refuses to cooperate in the testing process in such a way that prevents completion of the test.
(h) Consequences. One of the goals of our drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy, the consequences are serious. In the case of applicants, if he or she violates the drug-free workplace policy, the offer of employment can be withdrawn. The applicant may reapply after one year and must successfully pass a pre-employment drug test. If an employee violates the policy, he or she will be subject to progressive disciplinary action and may be required to enter rehabilitation. An employee required to enter rehabilitation who fails to successfully complete it and/or repeatedly violates the policy will be terminated from employment. Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems.
(i) Return-to-work agreements following a violation of the drug-free workplace policy, an employee may be offered an opportunity to participate in rehabilitation. In such cases, the employee must sign and abide by the terms set forth in a return-to-work agreement as a condition of continued employment.
(j) Assistance. City of Geneva recognizes that alcohol and drug abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our drug-free workplace policy:
(1) The employee shall be evaluated within ten days by a substance abuse professional (SAP).
(2) A SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol related disorders and substance abuse.
(3) The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited substance abuse and misuse.
(4) Assessment by a SAP does not shield an employee from disciplinary action or guarantee employment or reinstatement.
(5) Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee.
(k) Confidentiality. All information received by the organization through the drug-free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies.
(l) Shared responsibility of a safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play.
(1) All employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to on or off-duty use of alcohol or other drugs.
(2) In addition, employees are encouraged to report dangerous behavior to their supervisor.
(3) It is the supervisor's responsibility to:
A. Inform employees of the drug-free workplace policy.
B. Observe employee performance.
C. Investigate reports of dangerous practices.
D. Document negative changes and problems in performance.
E. Counsel employees as to expected performance improvement.
F. Refer employees to the Employee Assistance Program.
G. Clearly state consequences of policy violations.
(m) Communicating our drug-free workplace policy to both supervisors and employees is critical to our success. To ensure all employees are aware of their role in supporting our drug-free workplace program, there will be annual framing for supervisors and employees.
(1) All employees will receive a written copy of the policy.
(2) The policy will be reviewed in orientation sessions with new employees.
(Ord. 3263. Passed 11-25-19.)