A. (EDITOR’S NOTE: Former subsection A. was repealed by Ordinance 103-2003, passed June 17, 2003.)
B. No staff member will be tested more than twice during a calendar year for drug abuse unless there exists probable cause to believe that the staff member to be tested is under the influence of illegal drugs or alcohol or in the event of an injury accident. The supervisor or a member of management must document in writing who is to be tested and why the testing was ordered. Any staff member refusing to submit to the drug test or refusing to sign the release and authorization will be charged with insubordination. Failure to follow any of these procedures will result in the elimination of the rest results as if no test had been administered. The test results shall be destroyed and no discipline shall be levied against the staff member.
C. Sample collection is to be accomplished in a manner compatible with staff member’s dignity, staff members shall not be witnessed while submitting a sample. In testing which could result in corrective action against the staff member, if the test result is positive, a split sample shall be reserved for independent analysis.
D. All samples shall be tested for chemical adulteration and the following substances. The testing shall be done by an accredited laboratory or testing facility that provides an appropriate chain of custody program, utilizes quality control methods, and who can assure confidentiality and accuracy of results. The lab will split the sample upon receipt to insure the availability of sufficient quantity to comply with subsection (e). Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. All samples which test positive on a screening test shall be confirmed by gas chromatography-mass spectrophotometry, and no records or unconfirmed positive tests shall be released or retained by the laboratory. Testing shall be conducted in a manner to ensure that a staff member’s legal drug use does not affect the test results. Test results shall be treated with the same confidentiality as other staff member medical records. The test results shall be reported to the Safety Director or his/her designee.
DRUG | SCREENING TEST | CONFIRMATION |
Amphetamines | 1000 ng/ml | 500 ng/ml GC-MS |
Barbiturates | 300 ng/ml | 200 ng/ml GC-MS |
Benzodiazepines | 300 ng/ml | 500 ng/ml |
Cocaine Metabolites | 300 ng/ml | 150 ng/ml |
Marijuana Metabolites | 50 ng/ml | 15 ng/ml |
Methadone | 300 ng/ml | 200 ng/ml |
Methaqualone | 300 ng/ml | 200 ng/ml |
Opiates | 2000 ng/ml | 2000 ng/ml |
Phencyclidine PCP | 25 ng/ml | 25 ng/ml |
Propoxyphene | 300 ng/ml | 200 ng/ml |
Alcohol Testing Protocols
Alcohol tests performed under this Policy will be conducted with an evidential breath-testing device (EBT), approved for alcohol testing by the National Highway Traffic Safety Administration (NHTSA).
The EBT will be utilized first when an employee is to be tested for both alcohol and drugs, and a urine collection will normally follow the collection of breath.
If the screening test result is at or above the initial BAC cutoff level, the employee will be requried to take a confirmation test. Confirmation BAC test results are the final outcome of the test.
Initial BAC cutoff | Confirmation BAC | Result |
.040 | .000-.039 | • The result is not considered positive, however, the employee may be presumed to be impaired based on the employee’s pattern of behaviors, and may face disciplinary action. • Employee relieved of duty for the remainder of shift • May use vacation or compensatory time to cover the absence |
.040 or higher | Positive |
Shy Lung
Any employee who does not provide a sufficient amount of breath to permit a valid breath test will be instructed to attempt again to provide a sufficient sample. If the employee refuses to attempt, then the test will discontinue and will be considered a refusal to test.
E. If the test is positive and the staff member did not request a split sample in subsection (c), above, the staff member may request the lab sample be split. In either case, when and if requested by the staff member, the split sample will be sent to an accredited laboratory or testing facility designated by the staff member so long as the lab or testing facility meets the criteria in subsection (c) and provides a copy of their findings directly to the City. They must sign an authorization to release such findings prior to the sample being delivered to the lab.
F. A staff member found to be under the influence through positive testing will be offered rehabilitation. If the staff member refuses such offer of rehabilitation, he or she will be subject to corrective action up to and including involuntary separation from employment. Details concerning treatment any staff member receives at this Program shall remain confidential and shall not be released to the public. The cost of treatment shall be covered in accordance with insurance coverage.
G. Any staff member who is released from rehabilitation will be subject to retesting at any time when his/her actions, as defined in subsection (b), demonstrate possible continued use. A positive test will result in suspension pending involuntary separation from employment. If the staff member refuses testing he or she will be suspended pending termination. Once treatment and any follow up care is completed, at the end of three (3) years, the record of treatment and positive drug test results shall be retired to a closed medical record. The staff member shall be given a fresh start with a clean work record.
H. If the staff member is taking prescription or over-the-counter substances that might affect the results of the screen, the City must be advised prior to the screen being administered.
I. Suspensions or involuntary separations from employment will be subject to the hearing provided in Section 266.03-4(F).
(Ord. 15-2020. Passed 9-15-20.)