(a) Pre-employment Testing (Post Offer - Pre-Employment). Each offer of employment shall be conditioned upon the passing of a drug screening test. The City will not hire any applicant who fails to pass the pre-employment drug test.
(b) Reasonable Suspicion Testing. When a supervisor or City official or employee trained to detect physical, behavioral, speech, and performance indicators of probable alcohol and drug abuse, determines that an employee’s work performance or on-the-job behavior indicates the use of drugs or alcohol, the City will require the employee to submit to urine and/or breath testing to determine drug and/or alcohol abuse. Warning signs of drug/alcohol abuse may include increased absenteeism, exhaustion, withdrawal from others, violent behavior, difficulty in recalling instructions, and taking needless risks.
(c) Post-Accident Testing. Whenever the City determines that an employee was involved in an accident or in any instance of abuse of machinery, equipment or property, the City may require the employee to submit to urine and/or breath testing to determine drug and/or alcohol abuse. All employees in safety-sensitive positions who are involved in an accident involving a loss of life, or are issued a traffic citation for violation of local or state laws or whose vehicle must be towed from the accident scene will be tested for the presence of alcohol and drugs within two hours. A blood test may be given if a urine test is not practical in the judgment of the administering facility.
(d) Random Testing. All CDL employees will be tested for drugs and alcohol according to a random selection process as required by law.
(e) Return-to-Duty Testing. Any employee who tests positive in a drug or alcohol test and is not discharged from employment must undergo and pass follow-up testing. The City may test for both drugs and alcohol even though the employee initially tested positive for only one of those substances. This test does not create any right to return to work, but is a condition to such return.
(f) Follow-Up Testing Pursuant to Participation in a Drug/Alcohol Treatment Program. Every employee who is given the opportunity to participate in a rehabilitation program in lieu of termination after a violation of this policy shall be subjected to at least six (6) periodic, unannounced tests in the first twelve (12) months following his/her return-to-duty. The City may require additional testing of an employee, during a period not to exceed sixty (60) months, from the date of the employee’s return-to-duty. The City may test for both drugs and alcohol even though the employee initially tested positive to only one of those substances.
(g) Testing Required by Government Regulation. The City will comply with all federal and/or state government regulations which require testing of employees in safety-sensitive positions. Testing shall be conducted according to the procedures provided under those regulations. However, employees covered by such government regulations may also be subject to testing under the conditions as enumerated above.
(h) Refusal to Submit to Drug/Alcohol Testing. The City may suspend or terminate an employee, pending a full investigation of the situation, who refuses to submit to drug and/or alcohol testing. Refusal to submit to drug/alcohol testing may include failing to sign a Consent and Release form for drug/alcohol testing, intentionally failing to provide a sample, or tampering with a sample.
(i) Testing Procedures and Safeguards. The testing facility will afford applicants and employees subject to testing the opportunity, prior to testing, to list all prescription and non- prescription drugs they have used in the last thirty (30) days and to explain the circumstances surrounding the use of such drugs. Applicants and employees subject to testing must sign, prior to testing, any required form(s) consenting to the testing and releasing the test results to the City.
Drug testing includes a split specimen procedural safeguard. Each urine specimen is subdivided into two bottles. If the specimen tests positive, an employee, after a seventy-two hour period, may request an analysis of the other specimen by another testing facility. Alcohol testing includes a confirmation breath testing procedural safeguard. The testing facility will conduct two alcohol breath tests within a 15-20 minute interval. The testing facility will record the lowest reading. All testing for drugs and/or alcohol shall be done by a licensed medical facility experienced in such testing and in a manner that conforms to said facility’s standard testing procedures. Tests, whether by blood or urine analysis, shall be by split specimen. In the event of alcohol testing, breath tests may be administered.
Test results and related information will be treated confidentially and divulged to City administration only on a need-to-know basis.
(j) Result of Positive Drug or Alcohol Test. If an applicant tests positive for drugs and/or alcohol pursuant to initial testing or follow-up testing, the City will terminate the hiring process. The City’s testing authority will, however, give the applicant an opportunity to explain the positive test result to a Medical Review Officer who will determine whether or not a “positive” result should be reported to the employer.
An alcohol concentration of 0.04 constitutes a “positive” result. Although not a “positive” result, any employee found to have an alcohol concentration of 0.02 or greater, but less than 0.04 will be removed from his/her safety-sensitive position until the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following administration of the test.
If a driver or any employee tests positive for drugs and/or alcohol and is not terminated, he/she will be removed from commercial motor vehicle operation and other safety sensitive jobs or suspended without pay until he/she:
(1) Tests negative for drug and/or alcohol use;
(2) Is reevaluated by a substance abuse professional; and
(3) Is subject to unannounced follow-up testing.
Compliance with the prescribed treatment and passing the test(s) will not, however, guarantee a right of preemployment. (Ord. 2002-35. Passed 9-3-02.)