(A) Employees are an extremely valuable resource for city’s business. Their health and safety is a serious concern of the city. Drug or alcohol use may pose a serious threat to employee health and safety. It is, therefore, the policy of the City of Mt. Vernon (hereafter referred to as city) to prevent substance use or abuse from having an adverse effect on our employees. The city maintains that the work environment is safer and more productive without the presence of alcohol, illegal, or inappropriate drugs in the body or on city property. Furthermore, employees have a right to work in an alcohol and drug-free environment and to work with employees free from the effects of alcohol and drugs. Employees who abuse alcohol or use drugs are a danger to themselves, their coworkers, and the city’s assets. This policy is adopted to reduce the number of accidental injuries to person or property, to reduce absenteeism, tardiness and improve productivity, to provide rehabilitation information assistance for any employee who seeks such help, and to comply with the United States Drug-Free Work Place Act.
(B) The adverse impact of substance abuse by employees has been recognized by the federal government. The Federal Motor Carrier Safety Administration (“FMCSA”) has issued regulations which require the city to implement a controlled substance testing program. The city will comply and require that a driver submit to alcohol and controlled substance tests administered in accordance with these regulations and is committed to maintaining a drug- free workplace. All employees are advised that remaining drug-free and medically qualified to drive are conditions of continued employment with the city.
(C) Specifically, it is the policy of the city that the use, sale, purchase, transfer, possession, or presence in one’s system of any controlled substance (except medically prescribed drugs) by any employee while on city premises, engaged in city business, while operating city equipment, or while under the authority of the City is strictly prohibited, FMCSA states that mandatory testing procedures must apply to every person who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to the CDL licensing requirement. The city also believes that it is the best interest of the city, employees of the city, and those persons served by the city that drug and alcohol testing apply to all employees of the City of Mt. Vernon, Indiana due to the sensitive nature of information gained in the course of employment, use of municipal assets, work performed in an around safety sensitive areas or safety sensitive functions, or use of public ways in the course of employment.
(D) The execution and enforcement of this policy will follow set procedures to screen body fluids (urinalysis), conduct breath testing, and or search all covered employees, including applicants, for alcohol and drug use. These procedures are designed not only to detect violations of this policy, but to ensure fairness to each employee. Every effort will be made to maintain the dignity of employees or applicants involved. Disciplinary action will, however, be taken as necessary.
(E) Neither this policy nor any of its terms are intended to create a contract of employment or to contain the terms of any contract of employment. The city retains the sole right to change, amend, or modify any term or provision of this policy without notice. This policy is effective November 14, 2013, and will supersede all prior policies and statements relating to alcohol or drugs.
(Ord. 13-33, passed 11-14-13)