§ 32.05  DRUGS AND ALCOHOL POLICY.
   (A)   Introduction.  It is the policy of the City of Linton to provide a safe working environment for all city employees, inclusive of safety sensitive positions, employees who drive city vehicles or drive their own vehicle for city business, and for fire and law enforcement personnel. It is also this city's policy to assist employees who have a problem with drug and alcohol abuse. Our goal is to eliminate the abuse, not to eliminate the abuser. Our goal is to help, not apprehend.
   (B)   Pre-employment screen policy.  As a final step in the employment process, all applicants who are conditionally considered for employment and those former employees who are to be reinstated for employment after layoff or a leave absence will be required to submit to a drug screen test. For any employee who transfers to a department where drug testing is required to have testing performed, and any employee who is promoted to a department where drug testing is required, and where having a positive drug test result will have the promotion withdrawn, drug and alcohol rehabilitation will be offered at the employee's expense. Refusal to submit to any drug and alcohol test shall result in denial of employment. If the applicant or former employee tests positive, employment or re-employment will be denied.
   (C)   The purpose of the policy.
      (1)   To establish and maintain a safe and healthful working environment for all employees;
      (2)   To ensure the reputation for the city and its employees within the community;
      (3)   To reduce the number of accidental injuries to persons or property;
      (4)   To reduce absenteeism, tardiness, and improve productivity; and
      (5)   To provide rehabilitation information assistance for any employee who seeks such help.
      (6)   To comply with the United States Drug-Free Work Place Act.
      (7)   The city regrets any inconvenience or problems that the policy may cause, but believes that the overall benefit to the city and the employees make it both necessary and helpful.
   (D)   General policy.  The following is the city's policy concerning substance abuse, which will be enforced uniformly with respect to all employees, as indicated.
      (1)   All employees are prohibited from being under the influence of alcohol or illegal drugs during work hours.
      (2)   The manufacture, use, misuse, abuse, sale, possession, transfer, or purchase of illegal drugs or controlled substances on or in the city property or while on duty or performing city business is prohibited and will subject the employee to immediately being terminated.
      (3)   Any employee who commits an unlawful act involving illegal drugs, alcohol, or controlled substances on or off city premises or whose conduct discredits the city in any way, will be immediately terminated.
      (4)   No alcoholic beverage will be brought or consumed on the job site. Employees may be tested randomly, post-accident, or for probable cause, at the discretion of the city. Anyone with a BAC of .02 to .0399 will be considered positive.
      (5)   No prescription drug will be brought onto city premises by any person other than the one for whom it is prescribed. Such drugs will be used only in the manner, combination, and quantity prescribed.
      (6)   As a continuing condition of employment, each employee agrees to abide by the terms of this policy. Employees shall notify the city of any drug conviction in a court of competent jurisdiction involving alcohol, illegal drugs, or controlled substances no later then five days after conviction. The city will subject the employee to the same disciplinary procedures as those employees who test positive under drug screening procedures.
   (E)   Testing.  All employees will be required to submit to a drug screen test as a condition of employment:
      (1)   Each employee will be tested for drugs and alcohol:
         (a)   After a work-related accident;
         (b)   If the employee has been observed using substances that are suspected to be prohibited substances on the job;
         (c)   If the employee exhibits a significant and prolonged reduction in productivity;
         (d)   If the city has reasonable cause for testing the employee. The city may perform baseline testing on all employees, or by department at any given time.
      (2)   Each employee will be tested for drugs and alcohol when such employee is involved in a vehicular accident. The test should be done as soon as possible following the accident.
      (3)   The city may conduct random drug and alcohol testing of employees at any time with or without cause or suspicion in order to assure compliance with its drug-free work place policy.
      (4)   An employee returning from a leave of absence may be required to retest.
      (5)   An employee who alters a specimen, or who fails or refuses to submit to testing when requested to do so, shall be subject to immediate termination.
   (F)   Employee testing positive.  Employees who test positive are subject to immediate disciplinary action including termination, but may be allowed to continue employment on conditions based on the following terms:
      (1)   The employee agrees to participate in counseling in a certified rehabilitation program and successfully completes the program.
      (2)   The employee agrees to and does remain drug and alcohol free during the conditional employment period.
      (3)   The employee agrees to routine, periodic, and unscheduled drug screening and alcohol tests to ensure that the employee remains drug and alcohol free.
      (4)   The cost of a rehabilitation program and subsequent drug tests (six during a calendar year) will be payable by the employee.
      (5)   A second positive test will be grounds for immediate termination.
      (6)   All positive test results will remain in your personnel file as long as the city employs you.
   (G)   Prescription drugs.  Employees taking prescription drugs must adhere to the following procedure:
      (1)   (a)   If you are taking any prescription medication that may affect your ability to perform your duties and work responsibilities, you must notify the immediate supervisor prior to the commencement of the work shift. Warning labels normally appear on the prescription bottle and state exactly what, if any, side affects there may be. As an example, and not meant as a limitation, “May cause drowsiness,” “May cause dizziness,” “May cause periodic nausea,” “Use caution while operating machinery,” “Use caution when driving,” or any other warning, caution, or description of side affects that will affect your ability to perform your work duties must be disclosed before you begin your work shift so that your work responsibilities may be assigned or reassigned to take into account your medical condition. You are not required to state the name of the medication, the doctor who prescribed it, or the reason it has been prescribed, in accordance with the Patient Privacy Laws under HIPAA (Health Insurance Portability and Accountability Act), and all applicable Indiana Privacy Laws.
         (b)   The only time that you may be asked to identify what medication(s) you are taking is during reasonable assessment of a serious reaction to the medication, during medical treatment for an accident or injury, or for purposes of determining what medication was prescribed to you after a drug or alcohol test has been performed and a positive result would require reprimand or disciplinary action. At that time, you will be asked privately, by the testing agent or agency, what, if any, prescription medication you are currently taking, and you will be required to show proof that the prescription medication was prescribed to you.
      (2)   Carry the medication in the original prescription container with no more than the necessary dosage required for the work shift. Your pharmacist will provide you with an extra empty bottle upon request so that you will not be susceptible to criminal charges for transporting medication in a non-prescribed container.
      (3)   Failure to abide by the provision of this division on prescription drugs shall subject the employee to disciplinary action, including termination.
   (H)   Police/fire department.
      (1)   Any law enforcement officer or firefighter exposed to drugs in the line of duty should immediately notify the superior officer. Any officer who is under cover, and whose identity may be compromised by presenting for testing, or who may be involved in a drug-related investigation, will be exempt from this policy, but only during the period of time such officer is performing under cover duties.
      (2)   However, when practicable, if the under cover officer is not involved in a narcotics-related investigation, and identity will not be compromised, mere status as “under cover” does not preclude officers from being tested if probable cause exists that the officer is misusing, manufacturing, selling, trafficking in, purchasing, using, or abusing drugs or alcohol.
   (I)   Further policy provisions.
      (1)   All employees who test positive for drugs and/or alcohol, which includes preemployment testing, probable cause testing, random testing, and post-accident testing, shall be responsible for the cost of the test, including any (GCMS) conformation testing.
      (2)   Any employee who tests positive and is sent for substance abuse professional evaluation, shall be required to pay for the return to duty tests. The cost of follow-up testing requested by the Department of Transportation and/or the city will be paid for by the employee and shall be deducted from the employee's paycheck.
      (3)   The city will pay for all drug and alcohol tests performed concluding with a negative result.
   (J)   Drug and alcohol addendum and employee acknowledgment. The Drug and Alcohol Addendum and Employee Acknowledgment attached to the drug and alcohol policy are incorporated by reference herein and copies of the same are in the office of the Clerk-Treasurer.
(Ord. 95-12, passed 9-11-1995; Ord. passed - -)