(A) The city's mission is to ensure that all public service is delivered safely, efficiently, and effectively. This mission is accomplished by establishing a drug- and alcohol-free work environment and ensuring that the workplace remains free from the effects of drugs and alcohol thereby promoting the health and safety of employees and the general public. In keeping with this mission, the city declares that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances, or misuse of alcohol is prohibited for all employees.
(B) This policy is intended to apply whenever anyone is representing or conducting business for the city. Accordingly, this policy applies during all working hours, while on call, or paid standby, and while performing work on behalf of the city while on or off city property. The policy applies to all city employees with special provisions designated to those employees identified as having responsibilities requiring a heightened safety-awareness level (HSAL). Those “safety-sensitive” positions identified as requiring a heightened safety-awareness level include but may not be limited to:
(1) Police officers.
(C) Definitions of terms used throughout this policy:
(1) ACCIDENT means an occurrence associated with the operation of a vehicle or equipment, if, as a result, the employer could reasonably believe that employee drug or alcohol use could have contributed to an incident.
(2) ADULTERATED SPECIMEN is a specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but, is at a concentration so high that it is not consistent with human urine.
(3) ALCOHOL means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation, or medication.
(4) ALCOHOL CONCENTRATION is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath-testing device or in blood alcohol content (BAC) when required for post-accident testing.
(5) CANCELED TEST is a drug test that has been declared invalid by a medical review officer. A CANCELED TEST is neither positive nor negative.
(6) CONSORTIUM means an entity which may involve varied pools of employers and their employees, established to provide cost-effective services to employees to help the employers comply with the drug-free workplace program requirements.
(7) DESIGNATED EMPLOYER REPRESENTATIVE (DER) is an employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. For purposes of this policy, the department director of each department within the city are considered the DERs.
(8) DILUTE SPECIMEN is a specimen with creatinine and specific gravity values that are lower than expected for human urine.
(9) DISABLING DAMAGE means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated. This does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, mirrors, or windshield wipers that makes them inoperative.
(10) EMPLOYEE is defined in KRS 342.640 as every person in the service of the city, under any contract of hire, express or implied, and every official or officer of those entities, whether elected or appointed, while performing their official duties; every person who is a member of a volunteer ambulance service, fire, or police department; and every person who is a regularly enrolled volunteer member or trainee of an emergency management agency as established under KRS Chapters 39A to 39E.
(11) EMPLOYEE ASSISTANCE PROGRAM (EAP) means an established program providing:
(a) Professional assessment of employee personal concerns;
(b) Confidential and timely services to identify employee alcohol or drug abuse;
(c) Referral of employees for appropriate diagnosis, treatment, and assistance regarding employee alcohol or substance abuse; and
(d) Follow-up services for employees who participate in a drug or alcohol rehabilitation program and are recommended for monitoring after returning to work.
(12) EVIDENTIARY BREATH-TESTING DEVICE (EBT) is a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations. Approved devices are listed on the NHTSA- conforming products list.
(13) HEIGHTENED SAFETY-AWARENESS LEVEL (HSAL) (SAFETY-SENSITIVE) POSITIONS are those positions involving special, dangerous, and skilled activities and those that would involve exceptional duty to community citizens in the area of public safety.
(14) MEDICAL REVIEW OFFICER (MRO) means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with their medical history, and any other relevant biomedical information.
(15) NEGATIVE DILUTE is a drug test result which is negative for the five drug/drug metabolites but has a specific gravity value lower than expected for human urine.
(16) NEGATIVE TEST RESULT for a drug test means a verified presence of the identified drug or its metabolite below the minimum levels. An alcohol concentration of less than 0,02 BAC is a negative test result.
(17) NON-NEGATIVE TEST RESULT is a test result found to be adulterated, substituted, invalid, or positive for drug/drug metabolites.
(18) PERFORMING A SAFETY- SENSITIVE FUNCTION includes any period in which an employee is actually performing, ready to perform, or immediately available to perform such functions.
(19) POSITIVE TEST RESULT for a drug test means a verified presence of the identified drug, or its metabolite, at or above the minimum levels. In addition, the claimed use of CBD product shall not be considered a medical excuse for a positive marijuana test. A POSITIVE ALCOHOL TEST RESULT means a confirmed alcohol concentration of 0.04 BAC or greater.
(20) PROHIBITED DRUG means cannabinoids/THC, cocaine, opiates, amphetamines, or phencyclidine at levels above the minimum thresholds. In addition, the city tests for benzodiazepines, propoxyphene, methaqualone, methadone, barbiturates, synthetic narcotics, illicit substances, and volatile substances as defined by KRS 217.900 and KRS 218A.010 as amended.
(21) REHABILITATION PROGRAM means a service provider that provides confidential, timely, and expert identification, assessment, treatment, and resolution of employee drug or alcohol abuse and may include inpatient or outpatient programs, as well as the EAP.
(22) SAFETY-SENSITIVE FUNCTIONS include:
(a) The essential functions of actions performed by employees are considered to establish a heightened safety-awareness level (HSAL) positions.
(23) SUBSTANCE means drugs or alcohol.
(24) SUBSTANCE ABUSE PROFESSIONAL (SAP) means: a licensed physician (medical doctor or doctor of osteopathy); or licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol and other Drug Abuse) with knowledge of and clinical experience in the diagnosis and treatment of drug- and alcohol-related disorders.
(25) SUBSTITUTED SPECIMEN means a specimen, with creatinine and specific gravity value, that is so diminished that it is not consistent with normal human urine.
(26) TEST REFUSAL is when an employee does any of the following:
(a) Fails to appear for any drug or alcohol test (except a pre-employment test) within a reasonable time, as determined by the employer after being directed to do so by the employer.
(b) Fails to remain at the testing site prior to the commencement of the test and until the testing process is complete provided that an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test.
(c) Fails to provide a urine, saliva/breath, or blood specimen for any drug or alcohol test, required by regulations or this policy.
(d) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the employee's provision of a specimen.
(e) Fails to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure.
(f) Fails or declines to take an additional drug or alcohol test the employer or collector has directed the employee to take.
(g) Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test.
(h) Fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when directed by the collector, behaves in a confrontational way that disrupts the collection process, and/or fails to wash hands after being directed to do so by the collector).
(27) VERIFIED NEGATIVE TEST means a drug test result reviewed by a medical review officer and determined to have no evidence of prohibited drug use above the minimum cutoff levels established by the Department of Health and Human Services (HHS).
(28) VERIFIED POSITIVE TEST means a drug test result reviewed by a medical review officer and determined to have evidence of prohibited drug use above the minimum cutoff levels.
(29) VALIDITY TESTING is the evaluation of the specimen to determine if it is consistent with normal human urine. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted.
(D) Prohibited substances addressed by this policy include the following:
(1) Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of 1988. Any drug or any substance identified in Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), as further defined by 21 CFR Parts 1300.11 through 1300.15 is prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes but is not limited to marijuana/THC (this includes any CBD product containing THC at or above the threshold), amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug 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, such as oxycodone, oxymorphone, hydrocodone, and hydromorphone.
(2) The appropriate use of legally prescribed drugs and nonprescription medications is not prohibited. However, any HSAL employee taking any legal substance which carries a warning label indicating that mental functioning, motor skills, or judgment may be adversely affected must report this information to a supervisor, and the employee is required to provide a written release from their doctor or pharmacist indicating that the employee can perform their safety-sensitive functions.
(3) The use of beverages containing alcohol (including any mouthwash, medication, food, and/or candy) or any other substances such that alcohol is present in the body while performing safety-sensitive job functions is prohibited.
(E) Types of prohibited conduct include:
(1) All employees are prohibited from reporting for duty, or remaining on duty, any time there is a quantifiable presence of a prohibited drug in the body above the minimum threshold.
(2) No employee shall consume alcohol while at work or while on call. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. The employee will subsequently be relieved of their on-call responsibilities and be subject to discipline.
(3) The city shall not permit any employee to perform any work-related activity, especially safety-sensitive functions, if it has actual knowledge that the employee is using alcohol.
(4) No employee shall report to work, or remain on duty, while having an alcohol concentration of 0.02 or greater, regardless of when the alcohol was consumed.
(5) No employee shall consume alcohol for eight hours following involvement in an accident or until they submit to the post-accident drug/alcohol test, whichever occurs first.
(6) No employee shall consume alcohol within four hours prior to the performance of any job functions.
(7) The city, under its own authority, also prohibits the consumption of alcohol at all times that the employee is on duty, or anytime the employee is in uniform.
(8) Consistent with the Drug-Free Workplace Act of 1988, all employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances in the workplace while in uniform or while on city business.
(F) Consistent with the Drug-Free Workplace Act of 1998, all employees are required to notify the city management of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in termination.
(G) Testing requirements for this policy include:
(1) Analytical urine drug testing and breath testing for alcohol will be conducted. All employees shall be subject to testing prior to employment, for reasonable suspicion, following an accident, and random as defined in divisions (M), (N), (O) and (P) of this section. All employees who have tested positive for drugs or alcohol on a random test, reasonable suspicion test, or post-accident test will be tested prior to returning to duty, after completion of the substance abuse professional's recommended treatment program, and subsequent release to duty as set out in divisions (Q) and (R). Follow-up testing will also be conducted following return to duty for a period of one to five years, with the duration and frequency of the follow-up testing, above the minimum requirements, will be at the discretion of the SAP.
(2) All employees will be subject to blood draw for post-accident drug and alcohol testing as a condition of ongoing employment with the city. Any employee who refuses to comply with a request for testing shall be removed from duty and terminated as set out in division (S) of this section. Any employee who is suspected of providing false information in connection with a drug test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution, will be required to undergo an observed collection. Verification of the above-listed actions will be considered a test refusal resulting in the employee's removal from duty and being terminated as defined in division (S) of this section. Refer to division (C)(26) above of this section for behavior that constitutes a refusal to test.
(3) A drug or alcohol test can be performed any time an employee is on duty.
(H) Testing for drugs and alcohol shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA). The procedures will be performed in a private and confidential manner and every effort will be made to protect the employee, the integrity of the drug testing procedure, and the validity of the test result.
(I) Pre-employment testing shall be done as follows: All applicants shall undergo urine drug testing within 48 hours after a conditional offer of employment is made.
(1) An applicant shall not be hired into a position unless the applicant takes a drug test with verified negative results.
(2) If an applicant fails a pre-employment drug test, tampers with or attempts to tamper with a urine specimen in any manner, the conditional offer of employment shall be rescinded. Failure of a pre-employment drug test will disqualify an applicant for employment for a period of at least one year. The cost for the assessment and any subsequent treatment will be the sole responsibility of the applicant.
(3) When an employee being placed, transferred, or promoted submits a drug test with a verified positive result, the employee shall be subject to disciplinary action in accordance with division (S) herein.
(4) If a pre-employment/pre-transfer test is canceled, the city will require the applicant to take and pass another pre-employment drug test.
(J) Reasonable suspicion testing shall be conducted as follows:
(1) All employees and volunteers will be subject to a reasonable suspicion drug and/or alcohol test when there are reasons to believe that drug or alcohol use is impacting job performance and safety. Reasonable suspicion shall mean that there is objective evidence, based upon specific, contemporaneous, articulable observations of the employee's appearance, behavior, speech, or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by one supervisor who is trained to detect the signs and symptoms of drug and alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired in their work performance due to possible prohibited substance abuse or alcohol misuse. A reasonable suspicion drug test can be performed any time the employee or volunteer is on duty.
(2) The designated employer representative (DER) or their designee shall be notified of any indication of reasonable suspicion. Both the observing supervisor and the DER or their representative (if available) will review the policies and procedures herein, and if necessary, make arrangements with a testing facility of the city's choosing to conduct reasonable suspicion drug and/or alcohol testing as soon as possible. If the DER or their representative is not available, the observing supervisor shall obtain the assistance of another city supervisor or other credible and reliable source. They shall complete the Reasonable Suspicion Observation Form and forward it to the DER. If after completing the form it is determined that there is, in fact, reasonable suspicion that the employee is under the influence of drugs and/or alcohol, the observing supervisor or their designee will notify the employee and accompany them to the testing site. Supervisors should avoid placing themselves and/or others into a situation which might endanger the physical safety of those present. The Reasonable Suspicion Observation Form shall be attached to the forms reporting the test results.
(3) When a reasonable suspicion test is ordered, the employee must submit to testing immediately. The observing supervisor and/or designee shall remain at the testing site with the employee being tested until testing is completed. Any employee who is tested for reasonable suspicion shall be placed on administrative leave with pay until the results of the test are known. After submitting to the drug/alcohol test, the employee may not return to work until the results of the test are known and only then if the results are negative. Only the DER may order a reasonable suspicion test.
(4) An employee who refuses an instruction to submit to a drug/alcohol test shall not be permitted to finish their shift and shall immediately be placed on administrative leave pending disciplinary action as specified in divisions (S) and (T) of this policy.
(K) Post-accident testing will be conducted as follows:
(1) Employees are subject to blood drug and alcohol testing when needed to evaluate the root cause of a workplace accident that harmed or could have harmed employees, or where the employee's performance likely contributed to the accident, and the employer has reasonable suspicion to believe that drugs or alcohol may have contributed, or as required under state or federal law. Testing is not limited to only the injured employee(s).
(2) Due to varying types of accident causes, not all accidents will require post-accident testing. Exceptions for requiring post-accident drug and alcohol testing will include, but may not be limited to the following types of accidents or injuries:
(a) Injuries whose onset is cumulative or gradual such as carpal tunnel syndrome, progressive hearing loss, mental disorders, dermatitis, respiratory diseases, skin disorders, etc.;
(b) Injuries where the employee can be completely discounted as the contributing factor (e.g., injuries caused by a third party or some other uncontrollable force or event, such as weather, insects, etc.); or
(c) Injuries where the employee can be completely discounted as the major contributing factor or those injuries occurring during physical fitness or a training event, in which the employee did everything within reason to avoid the injury or accident, (i.e., was performing training as instructed).
(3) Post-accident investigations must take place within two hours following the accident.
(4) As soon as practicable following an accident, the supervisor investigating will notify the employee operating the vehicle or equipment, and all other employees whose performance could have contributed to the accident, of the need for the blood test. All employees whose conduct could have contributed to the accident will be subject to testing, not only the employee who reported an injury. The designated employee representative (DER), along with the supervisor, will make the determination using the best information available at the time of the decision (See Post-Accident Documentation Summary and Checklist.) Under no circumstances will the employee be allowed to drive themselves to the testing facility.
(5) Pursuant to KRS 342.610(4), all post-accident testing will be done by blood draw.
(6) The appropriate supervisor shall ensure that an employee required to be tested under this section is tested as soon as practicable, but no longer than eight hours following the accident for alcohol, and within 32 hours for drugs.
(a) If a blood alcohol test is not performed within two hours of the accident, the supervisor will document the reason(s) for the delay.
(b) If the alcohol test is not conducted within eight hours, attempts to conduct the alcohol test must cease and the reasons for the failure to test documented.
(c) If the drug test is not conducted within 32 hours, attempts to conduct the drug test must cease and the reasons for the failure to test documented.
(7) Any employee involved in an accident must refrain from alcohol use for eight hours following the accident, or until they undergo a post-accident blood alcohol test.
(8) An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of their location if they leave the scene of the accident prior to submission to such test, may be deemed to have refused to submit to testing.
(9) Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident, or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
(10) In the rare event that the city is unable to perform a drug and alcohol test (e.g., employee is unconscious, employee is detained by law enforcement agency), the city may use drug and alcohol post-accident test results administered by local law enforcement officials in lieu of the test. The local law enforcement officials must have independent authority for the test and the employer must obtain the results in conformance with local law.
(11) The city reserves the right to test all employees whose conduct may have contributed to the accident.
(12) An employee involved in an accident while on an out-of-town assignment shall notify their supervisor as soon as possible, but no later than two hours after the accident occurred. The supervisor shall notify the DER to discuss possible drug/alcohol testing requirements.
(L) Random testing will be conducted as follows:
(1) All employees in HSAL positions will be subjected to random, unannounced testing. The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees.
(2) The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year.
(3) Employees in HSAL positions will have random alcohol testing done at a rate of at least 10% annually and drug testing at a rate of at least 20% annually.
(4) Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and subject to selection regardless of whether the employee has been previously tested. There is no discretion on the part of management in the selection and notification of the individuals who are to be tested.
(5) Random tests can be conducted at any time during an employee's shift.
(6) Employees are required to immediately proceed to the collection site upon notification of their random selection.
(M) Return-to-duty testing will be done as follows:
(1) All employees who previously tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (negative being below 0.02 BAC), or both and be evaluated and released by the substance abuse professional (SAP) or Employee Assistance Program (EAP) before returning to work.
(2) For an initial positive drug test, a return-to-duty drug test is required, and an alcohol test is allowed. For an initial positive alcohol test, a return-to-duty alcohol test is required, and a drug test is allowed.
(3) Following the initial assessment, the SAP/EAP will recommend a course of rehabilitation unique to the individual. The SAP/EAP will recommend the return-to-duty test only when the employee has successfully completed the treatment requirement and is known to be drug and alcohol-free and there are no undue concerns for public safety.
(N) Employees will be required to undergo frequent, unannounced drug and alcohol follow-up testing upon return to duty. The follow-up testing will be performed for a period of one to five years after the successful completion of treatment, with a minimum of six tests to be performed the first year. The frequency and duration of the follow-up tests (beyond the minimums) will be determined by the involved SAP/EAP reflecting their assessment of the employee's unique situation and recovery progress. Follow-up testing should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate, and in addition to, the random testing, postaccident testing, reasonable suspicion testing, and return-to-duty testing.
(O) Refusal to submit to a drug/alcohol test, as listed in (C)(26), shall be considered a positive test result and a direct act of insubordination, and shall result in termination.
(P) Consequences of a positive alcohol or drug test include:
(1) As soon as practicable after receiving notice of a verified positive drug test result, a confirmed alcohol test result, or a test refusal, the DER will contact the employee's supervisor to have the employee removed from the workplace.
(2) The employee shall be referred to an SAP/EAP for an assessment. The SAP/EAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited drug use or alcohol misuse.
(3) A positive drug and/or alcohol test will also result in disciplinary action as specified herein.
(4) For the first instance of a verified positive test from a sample submitted as the result of a random test, reasonable suspicion test, return-to-duty test, post-accident test, or followup drug/alcohol test (0.04 BAC or greater), disciplinary action against the employee shall include:
(a) Mandatory referral to an SAP/EAP for assessment, formulation of a treatment plan, and execution of a return-to-work agreement. Failure to execute or remain compliant with the return-to-work agreement shall result in termination from employment.
(b) Compliance with the return-to-work agreement means that the employee has submitted to a drug/alcohol test immediately prior to returning to work; the result of that test is negative; in the judgment of the SAP/EAP the employee is cooperating with their SAP/EAP-recommended treatment program; and the employee has agreed to periodic unannounced follow-up testing as defined in division (R) of this section.
(c) Refusal to submit to a periodic unannounced follow-up drug/alcohol test shall be considered a direct act of insubordination and shall result in termination,
(d) A periodic unannounced follow-up drug/alcohol test which results in a verified positive shall result in termination from employment.
(5) The second instance of a verified positive drug or alcohol (0.04 BAC or greater) test result including a sample submitted under the random test, reasonable suspicion test, return-to-duty test, post-accident test, or follow-up drug/alcohol test provisions herein shall result in termination from employment.
(6) A confirmed alcohol test result of 0.02 to 0.039 BAC shall result in the removal of the employee from duty for eight hours, or the remainder of the workday, whichever is longer. The employee will not be allowed to return to duty for their next shift until they submit to an alcohol test with a result of less than 0.02 BAC. If the employee has an alcohol test result of 0.02 to 0.039 two or more times within a six-month period, the employee will be removed from duty and referred to the SAP/EAP for assessment and treatment consistent with this policy.
(7) The cost of any treatment or rehabilitation services will be paid directly by the employee or their insurance provider. The employee will be permitted to take accrued sick leave or administrative leave to participate in the SAP/EAP-prescribed treatment program. If the employee has insufficient accrued leave, the employee shall be placed on leave without pay until the SAP/EAP has determined that the employee has successfully completed the required treatment program and releases them to return to duty. Any leave taken, either paid or unpaid, shall be considered leave taken under the city's Paid and Unpaid Leave Policies.
(Q) When there are no specific, contemporaneous, articulable objective facts that indicate current drug or alcohol use, but the employee (who is not already a participant in a treatment program) admits the abuse of alcohol or other substances to a supervisor in their chain of command, the employee shall be referred to the SAP for an assessment. The city shall place the employee on administrative leave in accordance with the provisions set forth under division (T) of this section. Testing in this circumstance would be performed under the direct authority of the DER. Since the employee self-referred to management, testing under this circumstance would not be considered a violation of this policy or a positive test result under federal authority. However, self-referral does not exempt the employee from testing under federal authority as specified in divisions (M) through (R) or the associated consequences as specified in divisions (S) or (T) of this section.
(R) Alcoholism and controlled substance addiction are recognized as diseases responsive to proper treatment. The city offers an Employee Assistance Program (EAP) provided for employees as part of their health care coverage. For information on the Employee Assistance Program the employee should contact their supervisor or the City Clerk or go to www.maxwelleap.com, username “klc”, and password “employee” or the employee may call (888) 550-5535.
(1) All employees of the city are strongly encouraged to voluntarily contact the EAP if they believe they, or an immediate family member, might have a problem with drug or alcohol abuse. An employee who feels that they have developed an addiction or dependence on alcohol or drugs may be entitled to other benefits in addition to the EAP herein described. The decision to seek such benefits or not is the sole responsibility of the employee. All information concerning the use of the medical insurance plan for this purpose will be treated as confidential medical information. Employees who seek treatment or counseling for substance abuse problems may be eligible for leave pursuant to the city's leave policies.
(2) If an employee has been identified by an SAP as needing assistance in resolving problems associated with alcohol or controlled substances, the employee will be subject to follow-up testing as prescribed elsewhere in this policy. The SAP shall be either a licensed physician, certified psychologist, social worker, employee assistance professional, or addiction counselor.
(3) Employees who voluntarily report a substance abuse problem, prior to being required to take a controlled substance or alcohol test as defined in this policy, will not be subject to disciplinary action if they voluntarily and conscientiously seek substance abuse assistance and agree to a treatment plan. However, such an employee must understand that if the problem is not corrected and satisfactory job performance is not maintained, they will be subject to disciplinary action up to, and including, termination of employment. Failure to seek such assistance, or to abide by the terms of the treatment plan, shall be grounds for termination. Upon voluntarily reporting a substance abuse problem, the employee will be required to sign a Return-to-Work Agreement that will further define conditions of continued employment.
(4) The city's EAP provides services to employees regardless of race, color, religion, national origin, disability, sex, or age, or any other state or federal-protected class.
(S) The city is dedicated to assuring fair and equitable application of this Drug and Alcohol-Free Workplace Policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy towards subordinates, shall be subject to disciplinary action, up to and including termination.
(T) Confidentiality of drug testing procedures and records are as follows:
(1) Drug/alcohol testing records shall be maintained by the City Clerk, and except as provided below, or by law, the results of any drug/alcohol test shall not be disclosed without express written consent of the tested employee.
(2) The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol, including any drug or alcohol testing records. Employees have the right to gain access to any pertinent records, such as equipment calibration records and records of laboratory certifications. Employees may not have access to SAP referrals and follow-up testing plans.
(3) Records of a verified positive drug/alcohol test result shall be released to the department director and personnel manager on a need-to-know basis.
(4) Records will be released to a subsequent employer only upon receipt of a written request from the employee.
(5) Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by, or on behalf of, the tested individual arising from the results of the drug/alcohol test. The records will be released to the decision maker in the proceeding. The information will only be released with the binding stipulation from the decision maker to make it available only to parties in the proceeding.
(6) Records will be released to the National Transportation Safety Board during an accident investigation.
(7) Records will be released, if requested, by a federal, state, or local safety agency with regulatory authority over the city or the employee.
(U) Any questions regarding this policy or any other aspect of the substance abuse policy should be directed to the DER.
(Ord. 5-11-2023-A, passed 6-8-2023)