(a) Purpose. The City regards the illegal use of drugs and the abuse of alcohol as serious problems. In addition to achieving compliance with the Federal Drug Free Workplace Act of 1988, it is the purpose of this policy to create an alcohol and drug free workplace, which will enhance the health, safety, security and performance of the employees of the City.
(b) Policy.
(1) The illegal use, sale, manufacture, distribution, dispensation or possession of drugs on City property is absolutely prohibited. Reporting to work or working while under the influence of alcohol or illegal drugs is also prohibited except in the limited case of City sponsored social activities as detailed below. Violation of this policy will result in disciplinary action up to and including termination.
(2) Employees will be required to undergo a urine drug screening test and/or blood alcohol test when there is reasonable suspicion to conclude that they are under the influence of illegal drugs or alcohol on City property or while on City business. Testing for reasonable suspicion will be conducted when an employee:
A. Reports for work or appears to be working under the influence of alcohol or illegal drugs;
B. When an employee admits to a supervisor being under the influence of alcohol or illegal drugs while at work or on City business; and/or
C. Following any workplace accident or other incident which suggests the employee is under the influence of alcohol or illegal drugs.
(3) Any conviction for an alcohol or drug-related criminal offense will be considered grounds for discipline, up to and including termination.
(4) It is the City’s intention to apply Federal law as it applies to all employees, union and non-union. The City shall address problems associated with having on-duty employees under the influence of alcohol or drugs and the obligation of the City to deal with these problems pursuant to the Federal Drug Free Workplace Act of 1988, the regulations there under, the Federal Omnibus Transportation Testing Act of 1991 and House Bill 122 existing irrespective of other policies. However, where a direct conflict between this policy and the collective bargaining exists, the parties shall meet and confer to resolve any conflicts. Discipline shall be enforced according to the terms of the collective bargaining agreement.
(c) Responsibility. All department heads and supervisors are responsible for the implementation of this policy. Questions concerning the interpretation of this policy should be referred to the Director of Safety Services for the City.
(d) Implementation Guidelines.
(1) Urine drug screening test guidelines.
A. Testing of urine speciments will be conducted only by laboratories that have received Health and Human Services’ (HHS) approval and which follow HHS guidelines for testing. This will allow for maximum consistency in operating procedures and quality control.
B. All urine samples will be tested for the following drugs: marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP).
C. Collection of urine samples will be conducted by controlled laboratory methods to assure security, but will not require witnessing of sample collection.
D. All urine samples will undergo a preliminary analysis for the above listed substances. If the test result is positive, the urine sample will undergo a confirmatory gas chromatography/ mass spectrometry (GC/MS) test. If the urine sample tests positive on both of the preliminary analysis and the GC/MS, the urine sample will be classified as positive. The laboratory will report all results to a designated City official.
(2) Testing for reasonable suspicion.
A. Testing for reasonable suspicion will be conducted:
-When an employee reports for work or appears to be working under the influence of alcohol or illegal drugs;
-When an employee admits to a supervisor being under the influence of alcohol or illegal drugs while at work or on City business; and/or
- Following any workplace accident or other incident which suggests the employee is under the influence of alcohol or illegal drugs.
Refusal to be treated for reasonable suspicion will be grounds for discipline, up to and including termination. Submission of an adulterated specimen will constitute a refusal to test.
B. When testing for reasonable suspicion is required, employees are to be removed immediately from the workplace and escorted to an appropriate medical facility. A urine drug screen will be conducted to detect the presence of illegal drugs; a blood alcohol test will be conducted to detect the presence of alcohol. The employee must consent to this test which must be performed in an approved medical facility.
C. If the alcohol and/or drug test(s) are classified as negative after review, the employee will be returned to work and standard disciplinary practices will prevail for the incident which led to the testing. The only exception to this is if other evidence exists which identifies the employee who tested negative as a current illegal drug user. If sufficient evidence exists to identify the employee as a current illegal drug user, the employee will be subject to discipline/rehabilitation as described in division (e)(3) of this section.
D. If the positive alcohol and/or drug test(s) are classified as medically unjustified after review, the result(s) will be reported to the Safety Service Director. The report will be made available to the employee if requested.
(e) Discipline/rehabilitation.
(1) If the blood alcohol or drug test is a medically unjustified positive, or if sufficient evidence exists to identify the employee as a current illegal drug user, the City, at its discretion, may require an employee to undergo rehabilitative treatment. The employee will be required to undergo unannounced testing at the worksite, as recommended by the treatment facility in conjunction with the EAP and the City’s Safety Service Director. An employee who tests positive a second time is subject to termination without further opportunity for rehabilitation. Refusal to undergo rehabilitative treatment and/or failure to comply with post-rehabilitation testing will result in termination.
(2) The City’s Employee Assistance Program (EAP) provides professional, confidential assistance to help employees resolve problems with alcohol and drugs and other issues that affect their personal and work life.
(3) The Safety Service Director for the City will contact the EAP to discuss the employee’s alcohol or drug problem, develop a plan of action, and if appropriate, arrange an appointment for the employee with the EAP. The supervisor and the Safety Service Director will communicate the agreed upon plan to the employee. An employee’s refusal to accept referral to the EAP and follow EAP recommendations for addressing an alcohol or drug problem may be grounds for discipline, up to and including termination.
(4) Representatives from the EAP will maintain contact with the employee’s supervisor and/or Safety Service Director concerning the employee’s participation in the EAP and compliance with treatment recommendations. Information regarding the employee’s diagnosis and treatment will not be disclosed; any confidential information will be disclosed only with a signed release from the employee.
(f) Convictions for Alcohol/drug Related Criminal Offenses. Any conviction for an alcohol or drug-related criminal offense will be considered grounds for discipline, up to and including termination. When an employee is convicted, the conviction will be reviewed by management, including representatives from the union (if applicable), Safety Service Director and Legal Departments, to determine the appropriate course of action. Where applicable, all drug-related workplace convictions will be reported to the appropriate contracting office of the Federal government, in accordance with the provisions of the Drug Free Workplace Act of
1988.
(g) Employee Training and Education. Each department, in conjunction with Safety Service Director, is required to implement programs to inform employees of the City’s Alcohol and Drug Free Workplace Policy. These programs must:
(1) Educate employees and increase their awareness of the negative effects of alcohol and drug abuse on health and safety;
(2) Train supervisory personnel on their responsibilities for ensuring compliance with the City’s policy and fostering an alcohol and drug free workplace; and
(3) Inform employees and supervisory personnel about the use of the Employee Assistance Program.
(h) Searches. The City reserves the right to conduct reasonable searches of any property when there is reason to suspect violation of the policy, with prior notification and approval of the Safety Service Director and review by legal counsel.
(i) Right to Privacy.
(1) Information regarding an employee’s use of alcohol or illegal drugs will be maintained in a confidential medical record.
(2) All records that pertain to an employee’s use of the Employee Assistance Program will be maintained by and remain property of the EAP. No information concerning the employee’s diagnosis and treatment will be revealed by the EAP except in the following circumstances:
- The employee consents in writing;
- The law requires disclosure; and
- It is believed that life or safety are threatened by failure to disclose.
(j) Driving Motor Vehicles. Any operation of a motor vehicle on City business while under the influence of alcohol or illegal drugs may be cause from disciplinary action, up to and including termination.
(Ord. 31-08. Passed 12-23-08.)