(A) Conditions of pre-employment. The city will conduct pre-employment screening examinations designed to prevent hiring individuals who use drugs.
(1) To determine the suitability of employees to work for the city, the following pre-employment conditions are established:
(a) All job applicants will be tested prior to employment for drug use and alcohol use. Any job offer which a job applicant may receive from the city is contingent upon successfully completing a required physical examination.
(b) Any job applicant who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment.
(c) Any job applicant who tests positive for drugs or alcohol use will be refused employment at that time.
(2) Confidentiality will be maintained pursuant to this policy.
(3) The city will not discriminate against applications for employment because of the past abuse of drugs or alcohol. It is the current abuse of drugs or alcohol that the city will not tolerate.
(B) Current employee drug and alcohol abuse screening. The city will maintain screening practices to identify employees who use illegal drug or abuse alcohol. It shall be a condition of continued employment for all employees to submit to drug screening under the following conditions:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(C) Employee Assistance Program.
(1) The city maintains an employee assistance program (EAP) which provides help to employees and their families who suffer from alcohol or drug abuse. (Refer to EAP Policy)
(2) It is the responsibility of each employee to seek assistance before drugs and alcohol lead to disciplinary problems.
(3) Once a violation of this policy occurs, subsequent use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action.
(4) (a) An employee’s decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to an incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding.
(b) On the other hand, using the EAP will not be a defense to the imposition of disciplinary action where facts, providing violation of this policy, are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications.
(5) Through the EAP, the city will provide appropriate assessment, referral to treatment, and treatment of drug and alcohol abuse (subject to the provisions of the city’s health insurance plan). Such employees may be granted leave with a conditional return to work depending on successful completion of the agreed-upon appropriate treatment regimen and in accordance with the career services rules and regulations and any departmental rules and regulations.
(6) Upon successful completion of a drug and/or alcohol treatment program, an employee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, for at least two years thereafter as a condition of continued employment.
(7) An individual’s participation in the program will not be made part of any personnel records and will remain confidential, except to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law.
(D) Management’s responsibility.
(1) Supervisors are responsible for implementing the drug and alcohol free work place policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees and the community.
(2) Supervisors are responsible for maintaining a safe work environment by determining the fitness for duty of employees.
(3) In the event a supervisor has a reasonable suspicion that an employee may be affected by drugs or alcohol, the employee must be sent for drug testing. A form for reporting the reason(s) for drug testing is available from the city.
(4) In all cases when an employee is being removed from duty for drug testing, the supervisor should notify his or her superior at the earliest possible time.
(E) Employees responsibility.
(1) It is each employee’s responsibility to be fit for duty when reporting for work and to inform his or her supervisor if the employee is under prescription or non-prescription medication which may affect job performance.
(2) In the event an employee observes behavior which raises a doubt as to the ability of a co-worker to work in a safe, reliable, and trustworthy manner, the employee should report this behavior to his supervisor.
(3) Employees who voluntarily enter a drug or alcohol treatment and/or rehabilitation program at the request or insistence of the city or, as a condition of continued employment, enter a drug or alcohol treatment and/or rehabilitation program are required to participate and complete recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or the program, the employee will be subject to discipline, up to and including termination.
(F) Medical Review Officer’s (MRO) responsibilities.
(1) The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing.
(2) The MRO may request that the testing laboratory provide quantification of test results.
(3) The MRO will provide his or her interpretation of positive, confirmed test results to the personnel director.
(4) The MRO will assist employees in an employee assistance program, monitor the employee’s progress, and confirm completion of the treatment program.
(Ord. 1248, passed 1-7-98)