(a) Definitions. As used in this section:
(1) "Under the influence" means that the employee has alcohol or mood-altering drugs in his or her system and is affected by such alcohol or drug in any detectable manner, including, but not limited to, impaired performance of job duties and responsibilities.
(2) "Legal drug" includes prescribed drugs and over-the-counter drugs which have been legally obtained and are being used for the purpose for which they were prescribed or manufactured.
(3) "Illegal drug" means any drug which is not legally obtainable and whose use, possession or transfer is restricted or prohibited by law or which is legally obtainable but has not been legally obtained. The term "illegal drugs" broadly refers to all forms of narcotics, depressants, stimulants, hallucinogens, cocaine, crack, amphetamines or other drugs or preparations which alter a person's physical or emotional state, including marijuana.
(4) "Substance abuse" means the unauthorized use of any drugs or alcohol, or use in such quantity or frequency as to impair a person's mental or physical capacity.
(b) On-the-Job Use, Possession or Sale of Drugs or Alcohol.
(1) Alcohol. Alcohol use, possession, transfer, sale or purchase, or being under the influence of alcohol, is prohibited while on duty. Such use, possession, sale or influence may affect the safety of co-workers or members of the public, the employee's job performance, or the safe or efficient operation of the City.
(2) Legal drugs. Except as provided below, the use of any legally obtained drug by any employee while at work or while on the premises is prohibited to the extent that such use may affect the safety of the employee, co-workers or members of the public, the employee's job performance or the safe or efficient operation of the City. An employee may continue to work, even though under the influence of a legal drug, if the employee does not pose a threat to his or her own safety or the safety of co-workers and if the employee's job performance is not significantly affected by the legal drug. Otherwise, the employee may be required to take a leave of absence or comply with other appropriate action determined by the head of his or her department or the designee of such head. Each employee is required to notify the head of his or her department about the use of any prescription drug prescribed by a physician when that physician advises the employee that the use may alter the employee's physical or emotional state.
(3) Illegal drugs. The use, sale, purchase, transfer or possession of an illegal drug by any employee while at work or on the premises is prohibited. Such action may be reported to appropriate law enforcement officials and is cause for immediate termination.
(c) Off-Premises Use of Illegal Drugs and/or Alcohol. Any employee who engages in any of the following off-premises activities will be subject to disciplinary action: The use, sale, possession, transfer or purchase of alcohol or illegal drugs where such involvement constitutes a direct threat to the City's property or a City employee, affects an employee's job performance, generates publicity or circumstances adversely affecting the City or its employees, or results in a criminal conviction.
(d) Employee Testing. No employee will be tested for substance abuse unless there exists probable cause to believe that the employee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No testing may be conducted without the written approval of the person in charge of the employee. The person in charge must document in writing who is tested and why the testing was ordered. The person in charge will attempt to contact the chief of the department to inform him or her of the test prior to its being administered. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test results shall be destroyed, and no discipline shall be levied against the employee.
The types of tests that may be used include breathalyzer, blood tests and urinalysis. Breathalyzer tests will be administered in the Police Division by a person qualified to administer such tests. Employees ordered to submit to either blood tests or urinalysis will be transferred to either Hillcrest Hospital or Richmond Heights General Hospital, at the option of the employee, where the tests will be conducted by a qualified person.
No medical test will be administered without the written consent and release of the employee. A refusal to submit written consent to medical testing under the conditions outlined in the preceding paragraph will be deemed insubordination and will result in discipline, including suspension, or termination.
If a test administered at a hospital shows the presence of alcohol, an illegal drug or a legal drug the use of which the employee has not notified the City of, the City will request a confirmation test to ensure the accuracy of the test results. The more sophisticated confirmation test will be conducted by the laboratory which each hospital normally employs to conduct such tests. Hillcrest Hospital, at this time, refers to Roche Biomedical Laboratories; and Richmond Heights General Hospital refers to Smith-Klein Laboratories.
(e) Searches. The City reserves the right to conduct searches for illegal drugs or alcohol on the City's facilities, including desks, lockers or other stationary containers, where it has reasonable suspicion to believe an employee is under the influence of drugs and/or alcohol, if the employee is involved in a work-related accident, or if the employee has been observed possessing, selling or using a prohibited substance on the job. Additionally, searches of employees and their personal property may be conducted when there is probable cause to believe that the employee is in violation of this policy.
(f) Substance or Alcohol Abuse Program. Each person who tests positive for illegal drugs or alcohol shall be medically evaluated, counseled and treated for rehabilitation, if required. The City, at its option, may suspend the employee until he or she has satisfactorily completed a substance abuse program, as outlined herein. In addition, at any time, an employee may voluntarily enter the substance abuse program without fear of disciplinary actions against him or her. This program is designed to provide care and treatment to employees who are in need of rehabilitation. Details concerning treatment which any employee receives at this program shall remain confidential and shall not be released to the public except as required by law.
No employee shall be relieved of or transferred to other than his or her usual duties on the basis of one test result, although the employee may be re-evaluated for his or her duty assignment. When suspended for the purpose of undergoing treatment and evaluation, employees shall receive the usual compensation and fringe benefits provided at their assigned position. However, the affected employee will be required to use to its fullest extent any accumulated and unused sick leave to which he or she is entitled.
Any employee who has availed himself or herself of the substance abuse program and has successfully completed that program will be returned to his or her normal duty upon approval by the Director of Public Safety. The Director shall approve the employee's return to work upon assurance from a treating physician that the affected employee is no longer in violation of this policy. Further, the affected employee will submit to another testing procedure and will not be returned to his or her position of employment unless the results are negative.
Any employee who has availed himself or herself of the substance abuse program may be required to submit to testing on a semiannual basis (for a two-year period) at the request of the Director of Public Safety.
(g) Disciplinary Action. Any subsequent violation by any employee who has once been found in violation of this section and has received rehabilitation as outlined in subsection (f) hereof will result in disciplinary action, including suspension without pay, or termination. Should the disciplinary action result in suspension without pay, the employee must submit proof of a negative drug or alcohol test before returning to work. If proof of a negative test is not submitted within one year, the employee will be separated from employment. The returning employee will be required to submit to random testing for the first six months or a longer period if circumstances require. Any employee who is involved in the sale or purchase of drugs while on duty or on the premises will be subject to immediate discharge.
(h) Right of Appeal. Each employee governed by contract has the right to challenge the results of drug testing in the same manner that he or she may challenge any managerial action.
(i) Primacy of Constitutional Rights. This section is in no way intended to supersede or waive an employee's Federal or State constitutional rights.
(Ord. 1990-68. Passed 10-8-90.)