(A) Types of testing. In order to maintain a drug and alcohol free work environment, the city will test for the presence of alcohol and drugs in the following circumstances:
(1) Job applicants. All job applicants who have been offered a position of employment are required to take a drug and alcohol test.
(2) Reasonable suspicion. All employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein) are required to take a drug and alcohol test.
(3) Fitness for duty. All employees who are subject to routine fitness for duty medical examinations are required to take a drug and alcohol test as part of their medical examination.
(4) Follow-up. All employees who have been referred to an employee assistance program or rehabilitation program by the city for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly, semi-annual, or annual basis for two years after returning to work.
(5) Post accident or injury. Employees who are involved in a job-related accident or incident and who appear to be contributory, which results or might have resulted in bodily injury or property loss or damage.
(B) Consequences of refusing a drug test.
(1) An employee who refuses to submit to a drug test will be subject to discipline, up to and including termination. An employee who refuses to submit to a drug test also will forfeit his eligibility for all worker’s compensation, medical, and indemnity benefits.
(2) A job applicant who refuses to submit to a drug test will not be hired.
(C) Actions following a positive confirmed test. The city may institute disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug test.
(D) Confidentiality.
(1) Confidentiality of records concerning drug testing will be maintained except to the extent necessary to comply with this policy. All information, reports, memos, and drug test reports, written or otherwise, received by the city through the drug testing program will be kept confidential as provided by law.
(2) The city, its Employee Assistance Program, laboratories, and drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occu-pational licensing board in a related disciplinary proceeding.
(3) The city will maintain records con-cerning drug testing separate and apart from an employee’s or job applicant’s personnel file. Information on drug testing results shall not be released in an criminal hearing.
(E) Reporting of use of medication. Employees and job applicants may confidentially report the use of prescription or non-prescription medication both before and after having a drug test. A form for reporting medication use shall be available from the city.
(F) Notice of common medications. A list of the most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test is set forth in § 34.93. Employees and job applicants should review this list prior to submitting to a drug test.
(G) Medication information. An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription medication.
(H) Employee Assistance Program. Reference should be made to the Employee Assistance Program policy for the name, address, and telephone number of the current provider. Other resources available are:
1 (800) 356-9996 AL-Anon
1 (800) 527-5344 American Council of Alcoholism Helpline
1 (800) COCAINE Cocaine Hotline
1 (800) NCA-CALL National Council on Alcoholism
1 (800) 662-HELP National Institute on Drug Abuse Hotline
1 (800) 843-4971 National Institute on Drug Abuse Hotline
(1) Alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors.
(2) Amphetamines.
(3) Cannabinoids.
(4) Cocaine.
(5) Phencyclidine (PCP).
(6) Hallucinogens.
(7) Methaqualone.
(8) Opiates.
(9) Barbiturates.
(10) Benzodiazepines.
(11) Synthetic narcotics.
(12) Designer drugs.
(13) A metabolite of any substance listed herein.
(J) Challenge of test results.
(1) An employee or job applicant who receives a positive confirmed test result may contest or explain the result in writing within five days of receipt of notification of a positive confirmed test result.
(2) If the explanation or challenge of the employee or job applicant is unsatisfactory to the city, the city within 15 days of receipt will provide a written explanation as to why the employee or job applicant’s explanation is unsatisfactory and a copy of the report of positive confirmed test results.
(3) An employee may further challenge the results of the test in a court of competent juris-diction or, if the drug test was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to F.S. Chapter 440.
(4) If an employee or job applicant contests the drug test results, he or she must notify the laboratory.
(K) Right under collective bargaining agree- ments. Employees who are covered under a collective bargaining agreement between the city and any collective bargaining unit may have a right to file a grievance regarding discipline imposed by the city as a result of a violation of this policy.
(Ord. 1248, passed 1-7-98)