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(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)
(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
(A) Any employee who possesses, distributes, sells, attempts to sell or transfers illegal drugs on city premises or while on city business will be discharged.
(B) Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including discharge.
(C) Any employee who is found, through drug or alcohol testing, to have in his or her body system a detectable amount of illegal drugs or alcohol will be subject to discipline up to and including discharge; except that, depending on the circumstances of the case, the employee may be offered a one-time opportunity to enter and successfully complete a rehabilitation program that has been approved by the city. Upon return to work from rehabilitation, the employee will be subject to unannounced drug or alcohol testing for a period of 30 months. Any test that is confirmed as positive during or following rehabilitation will result in discharge.
(1998 Code, § 2-107)
(A) All applicants for employment, including applicants for part-time and seasonal positions and applicants who are former employees, are subject to drug and alcohol testing.
(B) An applicant must pass the drug test to be considered for employment.
(C) An applicant will be notified of the city’s drug and alcohol testing policy prior to being tested, will be informed in writing of his or her right to refuse to undergo such testing, and will be informed that the consequence of refusal is termination of the preemployment process.
(D) An applicant will be provided written notice of this policy and by signature will be required to acknowledge receipt and understanding of the policy.
(E) If an applicant refuses to take a drug or alcohol test, or if evidence of the use of illegal drugs or alcohol by an applicant is discovered, either through testing or other means, the preemployment process will be terminated.
(1998 Code, § 2-108)
(A) The city will notify employees of this policy by:
(1) Providing to each employee a copy of the policy and obtaining a written acknowledgement from each employee that the policy has been received and read; and
(2) Announcing the policy in various written communications and making presentations at employee meetings.
(B) The city may perform drug or alcohol testing as follows.
(1) The city may perform testing of any employee who manifests reasonable belief behavior.
(2) Any employee who has been involved in an accident involving a city vehicle or equipment should be reported immediately to the employee’s immediate supervisor or department head and the Personnel Department. Incident forms must be completed by the employee as soon as possible, but in no event to exceed a 72-hour period. The employee shall submit to drug and alcohol testing immediately after the incident.
(3) The city may perform testing on a random basis of any employee who performs duties in a safety sensitive position.
(4) The city may perform testing of any employee who is subject to drug or alcohol testing pursuant to federal or state rules, regulations or laws including, but not limited to, the Department of Transportation Federal Transit Administration Anti-Drug Plan, as it relates to the city’s passenger van drivers.
(C) The city will conduct random drug and alcohol testing of a designated percentage of the workforce at a frequency of once per month. Random selection will be performed through an unbiased off-site computer-generated process.
(D) Any employee’s consent to submit to drug or alcohol testing is required as a condition of employment, and the employee’s refusal to consent may result in disciplinary action, including discharge, for a first refusal or any subsequent refusal.
(E) An employee who is tested in a reasonable belief situation may be suspended pending receipt of written test results and whatever inquiries may be required.
(1998 Code, § 2-109) (Ord. 98-6, passed 2-11-1998; Ord. 04-50, passed 10-20-2004)
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