CHAPTER 186
Substance Abuse Testing For All Municipal Employees
Not Covered under Chapter 180

186.01    Definitions.

186.02   Substance abuse policy; purpose; applicability; rule-making authority.

186.03    Substances for which tests are to be conducted.

186.04    Grounds for substance abuse testing for City employees not covered under Chapter 180.

186.05    Substance abuse testing procedures and disclosure.

186.06    Effect of refusal or failure to provide sample; effect of unsatisfactory test result.

186.07    Conditions for return to employment following a positive test.

186.08    General rules and prohibitions respecting substance abuse involving prescription drugs, controlled substances or alcohol.

186.09    Satisfactory substance abuse test result.

CROSS REFERENCES

         Drug abuse control - see GEN. OFF. Ch. 513

186.01 DEFINITIONS.

   For purposes of this chapter the following terms shall have the following meaning:

   (a)   "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol and it includes the presence in the body, as detected by breath, blood or urine test, of intoxicating agents in beverage alcohol including, but not limited to ethyl alcohol, methyl alcohol, or isopropyl alcohol.

   (b)   "Alcohol concentration" means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under this part.

   (c)   "Breath Alcohol Technician (BAT)" means an individual who instructs and assists individuals in the alcohol testing process and operates an Evidential Breath Testing (EBT) device.

   (d)   "Collection site" means a place designated by the employer where individuals present themselves for the purpose of providing a specimen of their urine or blood to be analyzed for the presence of drugs.

   (e)   "Controlled substance" means any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C.812), and as further defined by 49 CFR Ch. 111, Subch. B, App. D and 21 CFR 1308.12 through 1308.15. This includes, but is not limited to marijuana, amphetamines, opiates, phencyclidine (PCP) and cocaine, as well as so-called "designer drugs" not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs.

   (f)   "Covered employee" includes all of the following:

      (1)    All part-time and full-time City employees other than those subject to the terms of a contradictory collective bargaining agreement; and

      (2)    All part-time or full-time employees of private employers contracting with the City to undertake work for the City which will occur over a period of ninety days or more days in any 365 consecutive day period.

   (g)   "DHHS" means the United State Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.

   (h)   "Drug" means legally prescribed drugs, any illegal substance, or any controlled substances as defined above and non-prescribed medications which bear a warning label which indicates that mental functioning, motor skills or judgment may be adversely affected.

   (i)   "Refusal to submit to substance abuse test" includes any of the following:

      (1)   Failure to provide adequate breath for testing without a valid medical explanation after an employee or applicant has received notice of the requirement for breath testing.

      (2)   Failure to provide adequate urine for substance abuse testing without a valid medical explanation after an employee or applicant has received notice of the requirement for urine testing.

      (3)   Engagement in conduct that clearly obstructs or frustrates or has the effect of obstructing or frustrating the substance abuse testing process.

   (j)   "Screening test (or initial test)", in drug testing, means an immunoassay screen to eliminate "negative" urine specimens from further analysis. In alcohol testing, "screening test (or initial test)" means an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.

   (k)   "Substance abuse test" means a reliable and accurate scientific analysis of blood, breath, or urine or other process used for the purpose of detecting and quantifying the presence of drugs, alcohol, and/or controlled substances in an employee's system. A substance abuse test may consist of a blood, breath or urine test alone or a combination of two or more such tests. This term includes both initial screening tests and tests to confirm initial screening findings. In the case of satisfactory substance abuse test results, time spent in order to travel to the sampling facility, time spent providing a satisfactory test sample pursuant to the insistence of the City and therefore time spent returning to work shall be deemed time spent at work.

      A refusal or failure to provide a substance abuse test sample or the providing of an unsatisfactory substance abuse test result, regardless of the grounds on which an substance abuse test is sought, shall not be considered time spent in the service of the City because an employee shall be deemed medically unqualified for duty in such cases. An employee requesting a confirming substance abuse test shall be considered to be doing so on the employee's own time.

   (l)   "Workplace" means any place where the employee is performing work on behalf of the City including but not limited to:

      (1)   All City offices, public buildings, maintenance facilities, public recreational areas and other City-owned property;

      (2)   Any area within the City where the employee is performing tasks on behalf of the City including road maintenance crews, public utility crews, and landscaping crews; and

      (3)   Any other area in which the employee is appearing on behalf of the City.

         (Ord. 96-12-133. Passed 12-16-96.)

186.02 SUBSTANCE ABUSE POLICY; PURPOSE; APPLICABILITY; RULE-MAKING AUTHORITY.

   (a)    Policy. It is the City's policy to provide safe, dependable and efficient government services to the public. City employees are a valuable and important resource and it is therefore the City's policy to provide a healthy, safe and satisfying working environment for its employees and to assure that all employees working in that environment are fit to perform their assigned task. In meeting these goals, it is further the City's policy to create a workplace free from adverse effects of drugs, alcohol, and substance abuse.

   (b)   Applicability. This chapter shall apply to all employees when reporting to work, when going to a work site, when preparing to perform work at a site, when performing work for the City, when on a break or at lunch while in the course of performing work, after concluding the performance of work at a site, but before departing the work site, when returning to City facilities following departure from a work site.

   (c)   Rule-Making Authority. The City Manager, or his designee, is hereby authorized to adopt such rules and regulations as well as create forms, documents, and procedures for the implementation of this chapter. Any activities undertaken under the authority of this subsection shall be consistent with this chapter, all relevant federal laws, and all regulations governing substance abuse testing which are applicable to the City.

(Ord. 96-12-133. Passed 12-16-96.)