(A) Any safety-sensitive employee who tests positive for the presence of a prohibited drug or alcohol must be evaluated by a substance abuse professional (SAP) before returning to duty. A SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of drug and/or alcohol related disorders. The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving associated problems. Assessment by a SAP does not shield an employee from disciplinary action or guarantee employment or reinstatement with the city.
(B) If after a positive test result a safety-sensitive employee is allowed to return to duty, the employee must properly follow the rehabilitation program prescribed by the SAP, pass a return-to-duty drug and alcohol test, and agree to be subject to a minimum of 6 unannounced follow-up tests for a period of at least 12 months, and up to 5 years, from date of return to duty.
(C) If unavailable for follow-up testing due to approved leave of absence, seasonal layoff, out or reassigned for worker’s compensation, temporary assignment to non safety-sensitive duties or combination thereof for 30 consecutive days or longer, the employee shall be reevaluated by the SAP to determine if the requirement/term of treatment and return to work agreement shall be extended accordingly. The cost of treatment or rehabilitation services is the responsibility of the employee or insurance provider.
(D) No employee who has tested positive may reenter the workforce without agreeing to a last chance/rehabilitation regiment. However, such an agreement is not an entitlement. This agreement may include, but is not limited to, the following:
(1) A release to work statement from the substance abuse professional, together with satisfactory evidence, of a verified negative test for drugs and/or alcohol;
(2) A statement of agreement to comply with federal and city requirements for treatment, aftercare and specified follow-up testing;
(3) A statement of expected work-related behaviors; and/or
(4) The agreement that any violation of the last chance/rehabilitation agreement will result in a separation from employment.
(Ord. 1399, passed 3-20-02)