The Greensburg personnel policies handbook adopted July 1, 1996 was amended on March 2, 1998 by Resolution 1998-3 to include the following substance abuse policy.
(A) Purpose and Scope of Policy.
(1) The City of Greensburg Substance Abuse Policy prohibits a city employee from using, being under the influence of, or possessing alcohol during working hours and at all times while in city vehicles or conducting city business. Using, being under the influence of, or possessing illegal or non-prescribed controlled substances are prohibited at all times during the term of employment for city employees. To ensure that the city is a safe and healthy place to work, a drug and alcohol testing program has been developed:
(a) To help detect the use of illegal substances and misuse of alcohol;
(b) To outline disciplinary procedures for those who fail to comply with the substance abuse policy.
(2) (a) The United States Department of Transportation (DOT) mandates drug and alcohol testing for employees whose job duties require a commercial driver’s license (CDL).
(B) The city will also test applicants who have been offered employment, those employees who hold positions that impact public safety or the safety of co-workers (safety impact positions) and/or any employee who may be required to perform a “safety sensitive function.” All city employees will be subject to testing on the basis of reasonable suspicion or after accidents which occur within the scope of this policy.
(C) As a condition of employment all city employees are required to agree in writing to be tested for the use of drugs and/or alcohol pursuant to this policy.
(B) Definition of Terms. As used in this policy:
(1) “ACCIDENT” means an occurrence which intentionally or unintentionally results in bodily injury.
(2) “DRIVER” means an employee, whether full-time, part-time or seasonally, who, at any lime, operates a city owned motor vehicle, or who operates a privately owned vehicle, in the course of city business.
(3) “DRUG” means an illegal controlled substance such as marijuana or cocaine and prescribed controlled substances except when used by an employee for whom the controlled substance was prescribed according to the direction of a person authorized by law to prescribe that controlled substance.
(4) “DRUG AND ALCOHOL TEST” means a test of breath, blood, urine, other bodily fluid or physical performance characteristics to determine if the employee tested has used alcohol and/or controlled substances during working hours, on city property, or while representing the city, in any capacity.
(5) “DRUG AND ALCOHOL TESTING ADMINISTRATOR (DATA)” means a city employee appointed by the Mayor to administer all aspects of the city’s drug and alcohol testing program and this policy.
(6) “EMPLOYEE ASSISTANCE PROGRAM (EAP)” means counseling and referral services made available to assist city employees and their families in responding to personal problems, including alcohol and drug abuse problems, that actually or potentially affect job performance.
(7) “THIRD PARTY ADMINISTRATOR (TPA)” means a service agent that provides or coordinates drug and/or alcohol testing for the employer. The “TPA” is responsible for administering testing and interpreting and evaluating laboratory results.
(8) “POSITIVE BLOOD ALCOHOL TEST” means a blood alcohol concentration of 0.02% by weight or greater.
(9) “POSSESSING” means having something on the person, in immediate possession or in a place under substantially exclusive control.
(10) “RANDOM SELECTION” means a scientifically valid method in which all employees in the random selection pool have an equal chance of being drawn in every selection.
(11) “REASONABLE SUSPICION” means a belief based upon circumstance which when taken together in context in which they occur, make a specific employee more likely than an employee selected at random to have violated the city’s resolution on alcohol and drug use. Information provided by other persons may be considered by a supervisor as a part of the supervisor’s reasonable suspicion where the supervisor has reason to believe the person offering the information is credible.
(12) “SAFETY-SENSITIVE FUNCTION” means any of the following that are performed or required to be performed while on the job:
(a) Driving;
(b) Time spent waiting to be dispatched to perform another activity described in this division (B);
(c) Operating, inspecting, servicing, or repairing equipment;
(d) Being in or on commercial motor vehicle;
(e) Loading or unloading, including supervising or assisting in loading or unloading, attending a vehicle being loaded or unloaded, remaining readiness to operate the vehicle, or giving or receiving receipts for the shipment being loaded or unloaded;
(f) Securing the vehicle and taking all of the precautionary measures required by DOT regulations following an accident; or measures required by DOT regulations following an accident;
(g) Repairing, obtaining assistance, or attending a disabled vehicle; or
(h) Construction, inspection, or observation on city projects.
(13) “SAFETY IMPACT POSITIONS” means a position, other than driver, in which a city employee may have a discernible effect on public safety or on the safety of co-workers.
(14) “SUBSTANCE ABUSE PROFESSIONAL” means a person trained to provide assistance in the identification and treatment of alcohol and/or drug abuse.
(15) “UNDER THE INFLUENCE” means exhibiting signs or symptoms of the use of alcohol or drugs.
(C) Prohibited Activities.
(1) The following conduct is strictly prohibited during work hours, on city property, or in a city vehicle at any time:
(a) Using, being under the influence of, or possessing illegal drugs or alcohol; (exceptions: police officers, medics and EMTs
when possessing is due to the performance of such duties);
(b) Using or being under the influence of legal drugs whose use can adversely affect the ability of the covered employee to perform his or her job safely, without disclosing such to a supervisor prior to being detected;
(c) Selling, buying, soliciting to buy or sell, transporting, or possessing illegal drug; (exceptions: police officers, medics and EMTs when transporting or possessing illegal drugs is due to the performance of such duties);
(d) Testing positive for the use of alcohol;
(e) Testing positive for the use of illegal drugs;
(f) Refusing to be tested for drugs and alcohol pursuant to this section;
(g) Failing to submit to a drug and/or alcohol test pursuant to this section;
(h) Failing to stay in contact with the city’s third party administrator (TPA) while awaiting the results of a test given pursuant to this section;
(i) Violating any applicable federal, state, or local requirements governing the use of drugs or alcohol.
(2) An off-duty employee who is called in to work outside regular working hours, who has consumed alcohol within eight hours prior to reporting for work, and is unaware or unsure of his or her blood alcohol level shall resolve any doubt by informing their supervisor they are at this time unfit to report to work.
(3) The legal use of CBD oils is permitted, but employees assume all risks associated with such use, and shall be subject to disciplinary action, up to and including termination for testing positive or refusal to submit to drug testing.
(4) Compliance with each standard contained in this division (C) is a condition of employment for all city employees. An employee who violates this division (C) will be subject to disciplinary action as outlined in division (G) of this section.
(D) Tests Required.
(1) The city will test a city employee/applicant in the following circumstances:
(a) After a conditional offer of employment but before an applicant is hired for any position in city government;
(b) When a supervisor has reasonable suspicion that the employee is under the influence of drugs or alcohol;
(c) Following certain on the job accidents and accidents on city property during work hours, or involving a city vehicle or equipment (as specified in division (D)(3) below);
(d) On a random basis.
(2) Pre-Employment Testing.
(a) A test for the use of illegal drugs is required after a conditional offer of employment but before an applicant for a position in city government will be hired. A test is also required before an employee, not in a safety impact position, is transferred to a safety impact position. Applicants and current employees who are applying for a safety impact position will collectively referred to as “applicant.”
(b) Part-time or temporary/seasonal employees with a break in service of six months or longer, shall be subject to drug testing prior to being re-hired and/or reporting back to work.
(c) Applicants will be subject to drug testing only and will not be tested for alcohol.
(d) Prior to taking a pre-employment drug test, the applicant will be notified to report for the drug test and given instructions in the collection procedures. The applicant will also be asked to agree in writing to be tested for drugs.
(e) All offers by the city to an applicant, or to transfer an employee to a safety impact position are conditioned upon the applicant or employee:
1. Agreeing in writing to be tested for drugs;
2. Taking a drug test as directed by the city and obtaining a negative result;
3. Executing the city’s authorization form by which the city obtains past drug and alcohol test results for CDL holders;
4. Complying with any other conditions or requirements consistent with city policy, the city advises the applicant at the time of the offer of employment.
(f) An applicant who refuses or fails to agree in writing to be tested in accordance with this policy, who refuses or fails to execute the city’s authorization to obtain past drug or alcohol test results from prior employers, who refuses or fails to submit to a pre-employment drug test as directed, whose test result is positive, or who obstructs the testing process will not be hired.
(3) Post-Accident Testing.
(a) An employee must submit to post-accident drug and alcohol tests as soon as possible (within two hours) after an accident as described in division (D)(3)(b). Where the employee receives medical treatment or is hospitalized, the employee will authorize those persons providing treatment to collect a blood sample for testing at the city’s expense.
(b) An employee must submit to a post-accident test as soon as possible after an accident in a city vehicle, on city property or during work hours if the accident results in death or serious bodily injury of a human being.
(c) If an employee is directed by a law enforcement officer to submit to a drug and/or alcohol test at the scene of a vehicle accident in a city vehicle, on city property or during work hours, the employee shall take each test requested.
(d) An employee must submit to a post-accident test following damage to public or private property and/or equipment if at least one of the vehicles is disabled to the extent that it must be towed from the accident scene or operating a vehicle or equipment owned by or leased by the city if the driver receives a citation for a moving violation.
(e) An employee must submit to a post-accident test following damage to public or private property and/or equipment or injury to self or others resulting from a workplace accident that does not involve a vehicle.
(f) An employee who is requited to take post accident drug and/or alcohol test may, at the city’s discretion, be assigned to an available non-safety impact position or be placed on administrative leave with pay while awaiting the test results.
(g) An employee who refuses or fails to submit to each post-accident drug or alcohol test required, who unnecessarily delays reporting to the test site following an accident, whose test results are positive for any amount of alcohol or drugs, or who obstructs the testing process will be subject to disciplinary action as outlined in division (G).
(h) The city reserves the right to order post-accident tests as it deems appropriate based on the totality of the circumstances surrounding the accident.
(i) Post-accident tests may include screens for both drugs and alcohol.
(4) Random Testing.
(a) Drivers of city vehicles and any city employees who drive their own personal vehicle while on city business, are subject to drug and alcohol testing on a random basis. Employees in other safety impact positions are subject to random drug and alcohol testing. Such tests will be given without advance notification.
(b) Under the city’s random selection process, every employee will have an equal chance of being selected each time a selection is conducted. Some covered employees may be randomly selected for testing more than one time annually.
(c) An employee who refuses to submit to a random test, who fails to report for the random test as directed, who tests positive for the presence of alcohol or drugs, or who obstructs the testing process will be subject to disciplinary action as outlined in division (G).
(d) The minimum annual percentage rate for random alcohol testing shall be 10% of the average number of driver positions.
(e) The minimum annua] percentage rate for random controlled substances testing shall be 25% of the average number of driver positions.
(5) Reasonable Suspicion Testing.
(a) Each employee will be required to submit to a drug and/or alcohol test whenever the city has reasonable suspicion to believe the employee has used drugs and/or alcohol in violation of division (C) above.
(b) “REASONABLE SUSPICION” means facts sufficient to cause a reasonable person to suspect a violation of division (C) above. Observations of reasonable suspicion include the following:
1. Observation of drug or alcohol use;
2. Observation of drugs, alcohol, or containers traditionally used for drugs or alcohol;
3. Observations of behavior of the employee, including balance, speech, reactions, and other characteristics supporting reasonable suspicion of use of drugs or alcohol or impairment by drugs and/or alcohol;
4. A pattern of abnormal or erratic behavior by the employee; or
5. Information provided by reliable or credible sources of the above.
(c) When an employee is notified that reasonable suspicion exists, the supervisor will make arrangements for a drug and/or alcohol test complying with this section. The city will make arrangements to transport the employee home after the test is completed. Under no circumstances will the employee be allowed to drive unless the test is completed and demonstrates conclusively that the employee has not violated this policy.
(d) 1. An employee who is required to take a reasonable suspicion test will be considered at that time unqualified for work and will immediately be placed on administrative leave with pay pending the availability of test results.
2. If the test result is confirmed positive, the employee will not be paid the period of leave and wilt be subject to disciplinary action as outlined in division (G).
(6) Officers Working Undercover. Officers working undercover may be exempted from this policy by their Chief when the Chief determines that exempting the officer from compliance with this policy is necessary to maintain the officer’s undercover status. Exemptions shall be made on a time or case basis and shall be no broader than necessary to maintain an officer’s undercover status. An officer exempted by this division (D)(6) who has consumed an alcoholic beverage shall not use deadly force except in self-defense.
(7) Off-Duty Standards For Police Officers.
(a) While off duty, and officer with alcohol in his or her blood shall not perform any law enforcement function. “LAW ENFORCEMENT FUNCTIONS” as used here includes:
1. Stopping or detaining person or vehicle;
2. Participating in a pursuit by driving a vehicle;
3. Making an arrest;
4. Using physical force capable of causing bodily injury, including deadly force, against any other person;
5. Handling a firearm.
(b) Exemptions to division (D)(7)(a)1. through 5. above are exceptions as necessary to:
1. Prevent injury to the officer or another person;
2. Prevent escape of a person who could be prevented from escaping by the use of deadly force; or
3. Prevent the destruction of evidence of a crime.
(E) Testing Methodology and Integrity.
(1) To ensure the integrity and assurance of each test, all specimen collection, analysis, and laboratory procedures will be conducted in accordance with DOT protocols. This includes:
(a) Procedures to verify the identity of each covered employee at the time of testing;
(b) A chain-of-custody documentation procedure to ensure that the specimen is not mishandled, contaminated, or tampered with;
(c) The use of a trained Breath Alcohol Technician (BAT) and DOT approved testing devices for conducting alcohol tests;
(d) Use of a laboratory that has been certified by the National Institute for Drug Abuse (NIDA) for drug tests;
(e) Confirmation of an initial positive drug screen by second analysis using gas chromatography/mass spectrometry (GCMS);
(f) Confirmation of an initial positive alcohol screen by a second analysis;
(g) Appointment of a qualified third party administrator (TPA) to review all test results before they are reported to the city designated Drug and Alcohol Testing Administrator (DATA).
(2) Drug Tests.
(a) All drug tests conducted under section require the employee to initially provide a urine specimen. In circumstances when a blood level is necessary to determine whether the employee has violated division (C) of this policy, a blood sample may be required.
(b) Before being tested each employee will be required to:
1. Present personal identification and
2. Agree in writing to be tested on a Drug Testing Consent and Control Form provided by collection site personnel. An employee who refuses to provide his or her identification, providing a false identification, refuses to agree in writing to be tested on a Consent and Control Form or who otherwise refuses or fails to cooperate will be subject to disciplinary action as outlined in division (G).
(c) 1. At minimum, urine specimens will be analyzed for the presence of:
A. Marijuana;
B. Cocaine;
C. Opiates;
D. Amphetamines;
E. Phencyclidine (PCP);
2. Specimens may also be analyzed for such other substances as necessary to enforce this section. The city reserves the right to begin testing immediately for any violation of this section.
(d) Employees will be permitted to give a urine specimen without being directly observed by collection site personnel, unless collection site personnel have reason to believe the employee is attempting to tamper with the specimen.
(e) 1. All drug tests will be administered using the split sample methodology, the employee must provide at least 45 milliliters (ml) in a specimen container. The specimen will then be divided into two bottles by collection site personnel. At least 30 milliliters will be poured into one bottle and at least 15 milliliters into the second bottle. Both bottles will be sent to the same laboratory. At the laboratory, the bottle containing 30 milliliters will be divided in half and analyzed as the employee primary specimen.
If the first test yields positive results, the second half of the primary specimen will be analyzed at the same laboratory using GCMS technology.
2. In the event the primary specimen is confirmed positive by GCMS, the employee will be notified by the city’s TPA and given the option of having the second bottle sent to a different laboratory for analysis. To this operation, the employee must advise the city’s TPA in writing within 72 hours of being told that the primary specimen is positive.
(f) Employees are responsible for knowing the contents, appropriate dosage, and physical and mental effects of prescription and non-prescription medications they take. Except for the use of medications containing alcohol, nothing in this policy prohibits an employee’s use of medication legally prescribed by a licensed practitioner according to the law:
1. Who is familiar with the employee’s medical history and duties and
2. Who has advised the employee that the prescribed medication will not adversely affect the employee’s ability to perform his or her duties safely. Medications prescribed for someone other than the employees will not be considered lawfully used under any circumstances. Questions concerning the application of this division (E)(2)(f) should be referred to the DATA prior to taking any medication except in a medical emergency.
(g) Before being tested for drugs, employees will be given an opportunity to list on their copy of the chain-of-custody form, any prescription and non-prescription medication being used by that employee at that time. A positive drug test may be declared negative by the city’s TPA if the employee shows that the drug detected by the test was prescribed by a licensed practitioner who is familiar with the employee’s medical history and job duties. This determination will be solely the responsibility of the city’s TPA.
(h) In the event an employee is unable to produce 45 milliliters of urine within a two-hour period, the employee may be required to provide a blood sample or be required to submit to an evaluation by a license physician selected by the city to determine whether a valid medical condition exists to explain the failure to provide a specimen for testing. If the physician determines a valid medical condition does exist, the test result will be reported to the city as “negative.” If the physician determines a valid medical condition does not exist, the test results will be reported to the city as a refusal to cooperate in providing a specimen.
(i) If there are conflicting test results between the samples as described in division (E)(2)(e) the testing procedure and testing as stated in this policy will remain valid.
(3) Alcohol Tests.
(a) All alcohol tests conducted by, or on behalf of the city, under this policy, require that the employee provide a breath or blood specimen. In the case of an alcohol test conducted by a law enforcement officer following an accident, the employee must provide either a breath or blood specimen, as directed by the officer.
(b) Alcohol tests will be administered by a breath alcohol technician (BAT) using an approved testing device instrument, except in cases of on scene, post accident testing conducted by law enforcement officials or preliminary return-to-duty testing by a city supervisor.
(c) Before being tested by the city, each employee will be required to:
1. Present personal identification; and
2. Agree in writing to breath alcohol test by the BAT. An employee who refuses to provide identification, provides a false identification, refuses to agree in writing to a breath alcohol test, or who other wise refuses or fails to cooperate will be subject to disciplinary action as outlined in division (G).
(d) Prior to each breath alcohol test conducted by the city using an approved testing instrument, the BAT will instruct the employee on how to provide an adequate breath sample.
(e) The BAT will open an individually-sealed mouthpiece and attach it to the testing device within the employee’s view. The employee will then be directed to blow forcefully into the mouthpiece until an adequate amount of breath has been collected by instrument.
(f) In the event an employee is unable to provide an adequate amount of breath for an initial or confirmatory test after at least three attempts, the employee will have the option to provide a block sample or submit to an evaluation by a certified physician at the city’s expense to determine whether a medical condition exists to explain the inability to produce a specimen for testing. If the physician determines a valid medical condition does exist, the test result will be reported to the city as “negative.” If the physician determines that such a medical condition does not exist, the test results will be reported to the city as refusal to cooperate.
(F) Reporting of Test Results.
(1) Drug Tests.
(a) Before an employee’s test result will be confirmed positive for drugs, the employee will be given an opportunity to speak with the city’s TPA and demonstrate a legitimate medical explanation for the positive result. If the TPA determines that a legitimate medical reason does exist, the test result will be reported to the city as “negative.” If the TPA determines that a legitimate medical reason does not exist, the test result will be reported to the city as “confirmed positive.”
(b) If the employee’s primary specimen tests positive, the employee will be notified by the city’s TPA and advised that he or she has 72 hours to request that the secondary specimen be sent to another NIDA certified laboratory for analysis; the city will pay for the cost of the second test. If the test result is positive the employee will be subject to disciplinary action as outlined in division (G) and the city will deduct the amount of pay the employee received, during their suspension with pay, from their next pay check.
(2) Alcohol Tests.
(a) If an employee provides an adequate breath specimen and the initial test registers a blood-alcohol concentration level less than 0.02% by weight, the test results will be reported as “negative” and no further testing will be required at that time.
(b) If an employee provides an adequate breath specimen and the initial test registers a blood alcohol concentration level of 0.02% by weight or greater, a second, confirmatory breath test will be performed no sooner than 15 minutes and no longer than 30 minutes (according to DOT records) after their first specimen was provided. If the employee provides an adequate breath specimen and the confirmatory test registers less than 0.02% by weight, the test results will be reported as “negative” and no further testing will be required at the time.
(c) An employee whose confirmatory blood-alcohol test is 0.02% by weight or greater will be subject to disciplinary action as outlined in division (G).
(G) Disciplinary Action.
(1) Employees and applicants who refuse or fail to agree in writing to be tested pursuant to city policy will be terminated or removed from the application process.
(2) Employees and applicants who test positive for drugs in violation of this policy will be subject to the following:
(a) An applicant whose test results under this policy are confirmed positive will be removed from the application process.
(b) An employee who receives a first confirmed positive drug test conducted under this policy will be suspended with pay until the employee’s drug test and the results remain confirmed positive, the employee will be terminated and referred to a substance abuse counselor.
(c) The amount of pay an employee received during the time they were suspended with pay will be deducted from their last pay check.
(3) Employees who refuse or fail to agree in writing to be tested pursuant to this section will be terminated.
(4) Employees who test positive for alcohol will be subject to the following:
(a) For the first occasion in which an employee has confirmed blood-alcohol concentration (BAC) between 0.02% and 0.05% by weight, the employee will be:
1. Suspended three days without pay;
2. Referred to the city’s Employees Assistance Program (EAP) for counseling;
3. Required to successfully complete any rehabilitation program that maybe outlined by the EAP counselor;
4. Required to submit to another test upon return to duty.
(b) For the second occasion in which an employee has BAC between 0.02% and 0.05% the employee will be:
1. Suspended five days without pay;
2. Required to enroll themselves in a rehabilitation program and successfully complete all requirements;
3. Required to submit to follow-up tests upon return to duty.
(c) For the first occasion in which an employee has a confirmed BAC over 0.05% by weight or greater, the employee will be terminated and referred to a substance abuse counselor.
(d) Employees are granted the right to request a blood test upon a confirmed BAC over 0.02% by weight or greater. However, this is at the expense of the employee and the test must be administered within 30 minutes of the first breath test.
(5) An employee who fails to report a violation of this section to their supervisor or DATA, committed by another to employee, shall be suspended without pay for one to five calendar days and may be subject to termination.
(6) An employee who is in a safety impact position and is charged with a drug and or alcohol violation on their own personal time may be subject to disciplinary action through the city. Depending on the severity of the violation, the employee’s work history, and the evaluation of any pertinent facts (i.e., loss of their driver’s license and a driver’s license is a job requirement), an employee may be subject to disciplinary action.
(H) Maintaining Contact with the City and TPA after a Drug Test.
(1) Employees who are tested for drugs are required to remain in contact with the city’s Drug and Alcohol Testing Administrator (DATA) and Third Party Administrator (TPA) while awaiting the results of their test. Employees are required to advise the city of their whereabouts and the telephone number where they can be reached during this time.
(2) The Mayor is the city’s Drug and Alcohol Testing Administrator (DATA)
(3) The city’s Third Party Administrator (TPA) will be selected by the Mayor.
(4) An employee who refuses or fails to remain in contact with DATA or TPA may waive his or her right, under division (F)(1)(a) of this policy, to speak with the city’s TPA before a test is confirmed positive and may be subject to termination.
(I) Drug and Alcohol Information.
(1) The city will provide educational materials and training for all employees explaining the city’s drug and alcohol testing policies and procedures. Applicable drivers will also be given explanation of DOT requirements. In addition, the city will provide all employees with information concerning:
(a) The effects of drug and alcohol on an individual’s health, work, and personal life;
(b) The signs and symptoms of a drug or alcohol problem; and
(c) Available methods of intervention when a problem does exist.
(2) Each employee is required to agree in writing that he or she has been given a copy of this policy a amended from time to time, and other drug and alcohol information as outlined above. Employees who refuse to execute the required agreement will be subject to discipline up to and including termination. Applicants are required to execute the agreement after a conditional offer of employment as a condition of being employed.
(J) Payment of Costs.
(1) The city will pay the costs for all initial and confirmatory drug and alcohol test required by this section.
(2) Employees are responsible for the costs of analyzing any secondary urine specimens requested under division (F)(1)(b) of this section. The city will reimburse the cost of the analysis of a secondary urine specimen only if the test results are negative.
(3) The city will pay the cost of the city’s Employee Assistance Program.
(4) Employees also have benefits for drug and alcohol treatment through their medical insurance. Please refer to the City of Greensburg Employee Benefits Plan for specific coverage amounts.
(5) Employees who are terminated under the provisions of this policy will be responsible for the cost of any and all counseling that occurs after the termination date.
(6) Employees who wish to have an additional sample collected and are able to do so, will be responsible for paying all incidental costs of the testing procedures.
(K) Confidentiality.
(1) The results of all individual drug and alcohol tests will be considered confidential and kept in a secured location with controlled access separate from the employee’s personnel file.
(2) The release of an individual employee’s results will be made only in accordance with the employee’s written authorization or as otherwise required by applicable laws, orders, regulations, or resolutions.
(Ord. 2018-16, passed 1-7-19)