§ 34.26 FINDINGS; INTENT.

   (A)   The city has a vital interest in maintaining a safe, healthful and efficient working environment. Being under the influence of a drug or alcohol on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer or possession of an illegal drug in the workplace and the use, possession or being under the influence of alcohol also poses unacceptable risks for safe, healthful and efficient operations.

   (B)   The city believes it has the right and obligation to maintain a safe, healthful and efficient workplace for all its employees and to protect the city’s property, information, equipment, operations and reputation.

   (C)   The city recognizes its obligations to its citizens for the provision of services that are free of the influence of illegal drugs and alcohol and will endeavor through this policy to provide drug- and alcohol-free services.

   (D)   The city further expresses its intent through this policy to comply with federal and state rules, regulations or laws that relate to the maintenance of a workplace free from illegal drugs and alcohol.

(1998 Code, § 2-102)

§ 34.27 PURPOSE.

   This policy outlines the goals and objectives of the city’s drug and alcohol testing program and provides guidance to supervisors and employees concerning their responsibilities for carrying out the program.

(1998 Code, § 2-103)

§ 34.28 SCOPE.

   This policy applies to all departments, all employees and all job applicants; except that, sworn employees of the Police and Fire Departments may be governed by more restrictive policies which may be required by departmental rules and regulations.

(1998 Code, § 2-104)

§ 34.29 EDUCATION AND TRAINING.

   (A)   Supervisors and other management personnel are to be trained in:

      (1)   Detecting the signs and behavior of employees who may be using drugs or alcohol in violation of this policy;

      (2)   Intervening in situations that may involve violations of this policy; and

      (3)   Recognizing the above activities as a direct job responsibility.

   (B)   Employees are to be informed of:

      (1)   The health and safety dangers associated with drug and alcohol use; and

      (2)   The provisions of this policy.

(1998 Code, § 2-105)

§ 34.30 PROHIBITED ACTIVITIES.

   (A)   Legal drugs.

      (1)   The undisclosed use of any legal drug by any employee while performing city business or while on city premises is prohibited. However, an employee may continue to work, even though using a legal drug, if city management has determined, after consulting with the employee’s physician, that such use does not pose a threat to safety and that the using employee’s job performance will not be significantly affected. Otherwise, the employee may be required to take leave of absence or comply with other appropriate action as determined by city management.

      (2)   An employee whose medical therapy requires the use of a legal drug must report such use to his or her supervisor prior to the performance of city business. The supervisor who is so informed will contact the employee’s physician for guidance, if necessary.

      (3)   The city at all times reserves the right to judge the effect that a legal drug may have upon work performance and to restrict the using employee’s work activity or presence at the workplace accordingly.

   (B)   Illegal drugs and alcohol. The use, sale, purchase, transfer or possession of an illegal drug or alcohol by any employee while on city premises or while performing city business is prohibited.

(1998 Code, § 2-106) Penalty, see § 10.99