(A) An employee is prohibited from reporting for duty or remaining on duty when the employee uses any controlled substance, except when the use is pursuant to the written instruction of a licensed physician who has advised the employee that the substance will not adversely affect their ability to safely perform their duties. The employee must provide the city with proof of such medical advice. The city can decide if the employee can remain at work or on the city premises and what work restrictions, if any, are deemed necessary. The medication must be in the original prescription container with no more than the necessary dosage required for the work shift. A pharmacist can provide an employee with proper containers for legal transportation of the medication, if necessary.
(B) Any employee who is using a prescribed drug or other medication, which is known or advertised as possibly affecting or impairing judgment, coordination, or other senses, (including dizziness or drowsiness), or which may adversely affect the employee’s ability to perform work in a safe and productive manner, must notify his/her supervisor prior to starting work or entering any city premises. The city will decide if the employee can remain at work or on the city premises and what work restrictions, if any, are deemed necessary. Warning labels normally appear on the prescription bottle and state exactly what, if any, side effects 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 effects that will affect an employee’s ability to perform work duties must be disclosed. An employee is 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 and all applicable Indiana privacy laws. The only time an employee may be asked to identify what medication(s) he or she is 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 the employee after a drug or alcohol test has been performed and a positive result has occurred.
(C) Ingestion of products that contain hemp will not be an acceptable explanation for testing positive for marijuana.
(Ord. 13-33, passed 11-14-13)