(A) Pre-employment testing.
(1) All applicants will be required to submit to and pass a urine drug test as a condition of employment. Each applicant will be asked whether he/she has tested positive, or refused to test, on any pre-employment drug test administered by the city to which the applicant applied for, but was not hired during the past two years.
(2) If the applicant admits that he/she has tested positive, or refused to test, on any pre-employment drug test the applicant may not perform any safety-sensitive functions for the city until and unless the applicant documents successful completion of the return-to-duty process.
(B) Reasonable suspicion testing.
(1) If the employee's supervisor or another city official designated to supervise employees believes an individual is under the influence of alcohol or drugs, the employee will be required to undergo a drug and/or alcohol test.
(2) The basis for this decision will be specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee.
(3) The employee's supervisor or another city official will immediately remove the employee from any and all safety-sensitive functions and take the employee or make arrangements for the employee to be taken to a testing facility.
(4) A written record of the observations leading to an alcohol or controlled substance reasonable suspicion test, signed by the supervisor or city official who made the observation, will be completed within 24 hours of the observed behavior or before the results of the alcohol or controlled substances test are released, whichever is first.
(C) Post-accident testing.
(1) An employee is to report to his/her supervisor as soon as possible if they are involved in an accident. An incident is when any of the following occurs:
(a) A fatality;
(b) Bodily injury resulting in medical treatment;
(c) Damage to a city vehicle or any other vehicle operated on the behalf of the city, or in which a citation is issued to the employee; or
(d) Damage to any piece of equipment that results in significant loss or cost (at least $1,000 damage or more).
(2) The employee will be tested for drugs and alcohol as soon as possible following the accident. The employee must remain readily available for testing. If the employee isn't readily available for alcohol and drug testing, he/she may be deemed as refusing to submit to testing. An employee involved in an accident may not consume alcohol for 8 hours or until testing is completed.
(3) If the alcohol test is not administered within 2 hours following the accident, the city's Personnel Director will prepare a report and maintain a record stating why the test was not administered within 2 hours.
(4) If the alcohol test is not administered within 8 hours following the accident, all attempts to administer the test will cease. A report and record of why the test was not administered will be prepared and maintained.
(D) Random testing. The city will conduct random testing for all employees as follows:
(1) The city will use a department-wide selection process based on a scientifically valid method.
(2) The random testing will be spread reasonably throughout the calendar year. All random alcohol and drug tests will be unannounced, with each employee having an equal chance of being tested each time selections are made.
(3) An employee may be tested for alcohol or drugs at any time while working.
(4) Once notified that he/she has been randomly selected for testing, the employee must proceed immediately to the assigned collection site.
(E) Return to duty testing. After failing a drug-alcohol test, an employee who is not terminated must undergo a return-to-duty test prior to returning to work. The test must indicate a verified negative result for drug use or alcohol.
(F) Follow-up testing. Following the employee's violation of policy, and providing that the employee has not been terminated from employment, the employee will be subject to follow-up testing. Follow-up testing will be unannounced. The number and frequency of such follow-up testing will be directed by the city's Personnel Director, and consist of at least 6 tests in the first 12 months. Follow-up testing may be done for up to 60 months.
(Ord. 9248, passed 4-14-2014)