(A) The city is committed to provide a safe work environment for its employees, community, and society. Substance abuse is a national problem which impairs the health and safety of employees, promotes crime, and harms our community. The city is addressing this problem by instituting a drug free workplace program.
(B) Substance abuse is a complex yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe, productive, drug free environment. Our intention is to prevent and treat substance abuse. We would like to encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The city considers substance abuse to be an unsafe and counter-productive work practice.
(C) The city’s policy is in accordance with the state drug free workplace program, as provided in F.S. § 440.102 and Rule 38F-9.001 of the Florida Administrative Code.
(D) To ensure a work place free from the influence of illegal drugs and alcohol abuse, the following policy has been established.
(E) It is the policy of the city that an employee found with the presence of alcohol or illegal drugs in his/her system, or in possession of, using, selling, trading, or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. (City-sponsored activities which may include the service of alcoholic beverages are not included in this provision).
(F) An employee reporting for work visibly impaired is unable to properly perform required duties and will not be allowed to work. If possible, the supervisor should first seek another supervisor’s opinion of the employee’s status. Then the supervisor should consult privately with the employee with the observation, to rule out any problems that may have been caused by prescription drugs.
(G) If, in the opinion of the supervisor, the employee is considered impaired, the employee should be sent home, after drug testing by a medical facility, by taxi or other safe transportation alternative, depending on the determination of the observed im-pairment, accompanied by the supervisor or another employee, if necessary. An impaired employee should not be allowed to drive. The prescribed test direction form shall be completed by the supervisor.
(H) Prescription drugs prescribed by the employee’s physician may be taken during working hours. The employee shall notify the supervisor if the use of properly prescribed drugs will affect the employee’s work performance. Abuse of prescription drugs will not be tolerated.
(I) It is the responsibility of the city’s super- visors to counsel with an employee whenever they see changes in performance that suggest an employee problem. The supervisor may suggest that the employee voluntarily seek help from the Employee Assistance Program (EAP) or decide that the severity of the observed problem is such that a formal referral to the EAP should be made.
(Ord. 1248, passed 1-7-98)