[R.O. 1993 § 115.070; Ord. No.
2305 § 1, 11-14-1995]
A. Purpose
And Scope. The overall goal of this policy and drug/alcohol testing
is to ensure an alcohol and drug-free workplace, to reduce accidents
and injuries and to comply with relevant Federally mandated drug and
alcohol testing.
B. General
Policy.
1. The City of Charleston recognizes that the state of an employee's
physical condition affects their job performance, availability, their
ability to perform certain types of work, and may affect their opportunities
for continued employment or advancement. The City also recognizes
that drug and alcohol abuse ranks as a major health problem which
affect an individual's physical condition and causes untold trauma
and expense, not only to the employee, but also ultimately to the
City as employer.
2. It shall be the general policy of the City to prohibit the possession,
manufacture, sale, transference, use or ingestion of non-prescribed
controlled substances or the use or ingestion of alcohol or the unauthorized
possession, sale or transference of alcohol on City premises, while
operating City vehicles and equipment, while engaged in the performance
of job duties or while otherwise representing the City of Charleston
in any capacity and during off-site lunch periods or breaks when an
employee is expected to return to work.
3. Employees of the City of Charleston are expected to fully comply
with this policy and be free from the use of illegal drugs and to
abstain from alcohol use as provided by this policy.
4. This policy applies to job applicants, probationary employees, full,
part-time and temporary employees of the City.
C. Definitions.
As used in this policy, the listed terms shall have the following
meanings:
ALCOHOL
The intoxicating agent in beverage including alcohol, ethyl
alcohol or other low molecular weight alkaloids including methyl and
isopropyl alcohol.
ALCOHOL USE
The consumption of a beverage, mixture, or preparation, including
any medication, containing alcohol.
APPLICANT
Any individual selected through a direct hire process who
is not currently in the City's employ and as a condition of employment
must meet the applicable conditions of this policy prior to employment.
CITY PREMISES
Any and all property, facilities, land, structures, and vehicles
owned, leased, used or under the control of the City.
COLLECTION SITE
A place designated by the City where employees present themselves
for the purpose of providing a specimen of their urine or breath to
be analyzed for the presence of drugs/alcohol.
DRUG
Any non-food substance, other than alcohol or such over-the-counter
pain relievers as aspirin or cold remedies, capable of altering the
mood, perception, pain tolerance, sobriety or judgment of the person
consuming it.
ILLEGAL/UNAUTHORIZED DRUG
Any drug which is not legally obtainable, any drug which
is legally obtainable but has been illegally obtained and/or is not
being used for its prescribed purpose or in the prescribed manner.
LEGAL DRUG
Any prescribed drug or over-the-counter drug which has been
legally obtained and is being used for the purpose for which it was
prescribed or manufactured.
MEDICAL REVIEW OFFICER
A licensed physician responsible for receiving laboratory
results generated by this policy, who has knowledge of substance abuse
disorders and has appropriate medical training to interpret and evaluate
positive test results together with an employee's history and any
other relevant biomedical information.
POSSESSION
Actual or constructive care, custody, control or immediate
access to.
POSITIVE TEST and UNDER THE INFLUENCE
The following initial and confirmation cutoff levels shall
be used to determined whether the specimen/sample is positive or an
individual is under the influence of the following substances:
|
Initial and Confirmation Testing Levels of Controlled
Substances
|
---|
|
NG/ML
|
---|
|
Drug
|
EMIT Test
|
GC/MS Test
|
---|
|
Amphetamines
|
1,000
|
500
|
|
Cocaine
|
300
|
150
|
|
Opiates
|
300
|
150
|
|
THC (Marijuana Cannabinoids)
|
50
|
15
|
|
Phencyclidine (PCP)
|
25
|
25
|
|
ALCOHOL: 0.02% blood alcohol content or greater requires confirmation
test.
|
|
0.02% to 0.04% blood alcohol content requires removal from safety
sensitive duties for twenty-four (24) hours.
|
REASONABLE CAUSE
Whenever a supervisor has reason to believe the appearance
and/or conduct of an employee are indicative of the use of alcohol,
drug(s) or both.
SUBSTANCE ABUSE PROFESSIONAL (SAP)
A licensed physician (M.D. or D.O.) or a licensed psychologist,
social worker, employee assistance professional or an addiction counselor
(certified by NAADAC) with knowledge of and clinical experience in
the diagnosis and treatment of alcohol-related disorders.
[R.O. 1993 § 115.080; Ord. No.
2305 § 1, 11-14-1995]
A. Drugs.
The use, possession or being under the influence of any illegal/unauthorized
drug while on the City's premises or during working time or during
a meal break when an employee is expected to return to work is strictly
prohibited.
1. An employee may use and possess a legal drug while on the City's
premises or during working time, provided the employee uses the drug
in accordance with a physician's or the package instructions, does
not distribute the drug to another, and the employee has reported
the use of the legal drug to his/her immediate supervisor before beginning
his/her work shift. The City reserves the right to have a physician
of its choice determine whether an employee can safely perform their
job while using or being under the influence of any legal drug so
reported. In addition, the City reserves the right to restrict such
employee's work activity or presence on the City premises. Whenever
an employee has reported the use of a legal drug to their immediate
supervisor, that supervisor shall report this information to the City
Manager.
B. Alcohol.
The use, possession or ingestion of alcohol during working hours,
including lunch hours or while on City premises when associated with
working hours, is strictly prohibited.
C. Impaired
Condition. It is a violation of this policy for employees to report
to work or to enter onto the City premises while being in a condition
impaired for work due to effects, symptoms or side effects of alcohol
and/or illegal or unauthorized drugs.
D. Test
Refusal. Failure to submit to any drug/alcohol testing required under
this policy, including but not limited to failure to report in a timely
manner to a collection site, sign any required consent form or otherwise
fully cooperate in the collection of any breath/urine specimen, is
also strictly prohibited. If any employee refuses to be tested, the
refusal shall be treated as a positive test and the employee shall
be subject to disciplinary action.
E. Conviction
Reporting. In order that the City shall comply with all State or Federal
Statutes or rules requiring the City to provide a drug-free workplace,
an employee who is convicted of conduct in the workplace violating
a criminal drug Statute shall notify his/her department head of the
conviction within five (5) calendar days after the conviction. Failure
to report such convictions is a violation of this policy.
[R.O. 1993 § 115.090; Ord. No.
2305 § 1, 11-14-1995]
A. The
Program.
1. Accumulated leave or leave without pay may be granted for treatment,
counseling or rehabilitation under applicable ordinance provisions.
It will be the employee's responsibility to comply with the City's
request for referral and diagnosis and to cooperate fully with any
prescribed therapy.
2. Rehabilitation is the responsibility of the employee. In cases of
mandatory referral to the Employee Assistance Program as a part of
a disciplinary disposition or in compliance with a Federal rule, the
City shall require the counseling agency to report to the City:
a. That the employee is attending the mandated counseling;
b. That the employee is arriving on time to his/her scheduled appointments
and is cooperating with his/her counselor;
c. That the employee has completed his/her counseling or therapy and
is released by the counseling provider; and
d. If any medical leave is required.
B. Self-Help.
In applying this drug and alcohol policy where, prior to any drug
or alcohol testing or the occurrence of an event giving rise to a
reasonable suspicion of current drug or alcohol use, an employee seeks
help to refrain from drug or alcohol use, either by inquiry to the
City or entering a counseling or rehabilitation program, the City
will assist the employee in locating and attending a suitable program
and exercise care to maintain the confidentiality of the inquiry and
program participation.
1. No employee shall have his or her job security jeopardized solely
because he or she has made a voluntary request for diagnosis and appropriate
therapy for alcoholism or drug dependency. However, the City of Charleston
is concerned by those situations where use of alcohol or other drugs
affects an employee's job performance, causes a potential safety problem
or is detrimental to the City's business, and will take those actions
that are required for the good of the City as a whole. Self-referral
to a treatment program may not be used as a protection from supervisory
actions taken as a result of job performance deficiencies.
2. The City may also grant the employee an appropriate leave of absence
(generally not to exceed twelve (12) weeks) or other reasonable accommodation
so the employee can undergo a mutually agreed upon rehabilitation
program. To the extent permitted by law, any leave or other accommodation
granted pursuant to this policy will, absent extenuating circumstances
as determined by the City, be granted only once.
[R.O. 1993 § 115.100; Ord. No.
2305 § 1, 11-14-1995; Ord. No. 2749 § 1, 3-8-2011]
A. All
City employees shall be subject to the following drug or alcohol tests:
1. Pre-Employment Test. The City of Charleston will test job applicants
for current drug and alcohol use prior to offering successful applicants
City employment.
2. Reasonable Suspicion Testing. Whenever a City supervisor has reason
to believe a subordinate is under the influence of drugs or alcohol,
the supervisor may require the subordinate to undergo drug and/or
alcohol testing. The supervisor determining reasonable suspicion shall
not supervise or participate in testing procedures.
a. Reasonable suspicions shall be grounded upon observable facts relating
to the appearance or odor of the employee, the motor skills or speech
of the employee, the physical inability of the employee to do their
job assignments, or the facts surrounding an accident involving an
employee in the performance of a job assignment.
3. Follow-Up Testing. Whenever an employee has sought self-help or has
been mandatorily referred to a drug and/or alcohol rehabilitation
program and has completed the program, the City's Medical Advisor
or SAP may require the employee to participate in follow-up drug and/or
alcohol testing. The extent and duration of the testing shall be determined
by the City's Medical Advisor or a substance abuse professional if
required.
B. Random
Testing — Public Safety Personnel. In addition to the above
tests, all employees who perform police, fire or emergency response
job duties shall also submit to random testing for drug and/or alcohol
use, with the exception of reserve public safety personnel.
C. Testing
Procedure. Drug and alcohol testing procedures shall conform to those
required by Federal regulations governing the drug and alcohol testing
mandated by the Department of Transportation (49 CFR 40). All drug
tests shall be done by a National Institute on Drug Abuse (NIDA) certified
laboratory:
1. Specimen Collection.
a. The Personnel Department will instruct job applicants to report to
the testing site. Employees will be instructed by the department head
where and when to report for drug and/or alcohol testing. In cases
of reasonable cause, the employee will be transported to a medical
facility or the City will request a breath test at the worksite.
b. The procedure for collecting urine specimens will be designed to
ensure the integrity and identity of the urine specimen that is produced.
The procedure will also allow for individual privacy unless, in the
determination of the City, the collector, or the MRO, there is reason to believe that an employee may alter
or substitute the specimen. Breath alcohol testing will follow Federal
procedures to ensure accuracy, reliability and confidentiality.
c. If testing under this policy is ever required of an employee who
is in need of medical attention, necessary medical attention will
not be delayed in order to collect the test specimen. However, such
an employee shall promptly, upon request from the City, provide the
necessary authorization for obtaining hospital reports and records
and any other information at the time the need for medical attention
and/or testing arose.
2. Testing. Drug testing will be performed on urine samples. The initial
test will be done by the enzyme immunochemical assay method. All specimens
identified as a positive test on the initial test will be confirmed
using gas chromatography/mass spectrometry (GC/MS) techniques. A specimen
will be treated as negative if the result of the initial test or the
confirmatory test is negative.
a. All urine samples will be split samples so that if the original specimen
test is positive the employee may request the retained sample be tested.
This request must be received by the MRO in writing within seventy-two
(72) hours of employee's notice of a positive result. The split sample
will be tested at a different certified laboratory at the employee's
expense. If the split sample tests negative, the test will be determined
to be negative. Employees governed by FAA rules have sixty (60) days
to request a test of the split sample.
b. Job applicants do not have the right to split samples.
c. Alcohol Testing. Alcohol use will be tested by using Evidential Breath
Testing Devices (EBT). Breath alcohol testing requires the individual
to provide a breath sample. Should the initial breath sample have
a result of two one-hundredths of one percent (0.02%) blood alcohol
content or greater, a confirmation test will be conducted within one
(1) hour.
3. Refusal To Test. If an employee refuses to be tested or alters or
attempts to alter the test sample such actions shall be treated as
a positive test in addition to being a violation of this policy.
D. Test
Results.
1. Drug Tests.
a. The Medical Review Officer will review drug test results with the
employee before they are reported to the City. The Medical Review
Officer will report to the City whether an employee's drug test was
positive or negative. If positive, the substances for which the test
was positive will be identified. The Medical Review Officer may advise
the City of a positive test result without having communicated with
the tested employee about the test results if the employee expressly
declines the opportunity to discuss the results of the test, or the
employee cannot be reached after reasonable effort by the Medical
Review Officer.
b. If the Medical Review Officer determines there is a legitimate medical
explanation for the positive test result, the Medical Review Officer
will report the test result to the City as negative.
2. Alcohol Tests. If an alcohol breath test results in a reading of
two one-hundredths of one percent (0.02%) to thirty-nine thousandths
of one percent (0.039%) blood alcohol content, the individual shall
not return to duty but shall be taken off duty and not returned to
work for at least eight (8) hours. If an alcohol breath test results
in a reading of four one-hundredths of one percent (0.04%) blood alcohol
content or greater, in addition to the above the employee must meet
with a substance abuse professional. The substance abuse professional
will determine when the employee may return to work.
3. Confidentiality.
a. The result of any positive test shall be kept confidential from the
general City work force and public. The results may be known to the
employee health nurse or occupational health specialist, the City's
Medical Advisor, the test facility, the Medical Review Officer and
Substance Abuse Professional and those department supervisors necessary,
and the employee. The City may use the results to determine the appropriate
response to employee drug and/or alcohol use and to support its disciplinary
or other actions or to defend the City in a court or administrative
hearing.
b. The Medical Review Officer, Substance Abuse Professional and the
City shall not release the individual test result of any employee
to any unauthorized party without first obtaining written authorization
from the tested individual.
E. Actions
Taken In Response To Test Results.
1. An employee who refuses to be tested will be treated as having had
a positive test. Failure to report to a collection site on a timely
basis, sign any required consent form or otherwise fail to fully cooperate
with the testing procedure shall be treated as a refusal to be tested.
Employees refusing to be tested shall be subject to disciplinary action
up to and including dismissal.
2. An employee whose drug test result is reported to the City as positive
for the drugs or metabolites of cocaine or any opiate or phencyclidine
shall be subject to disciplinary action up to and including dismissal.
3. An employee whose drug test is reported to the City as positive for
the drugs or metabolites of amphetamines or cannabinoids shall be
immediately referred to a substance abuse professional for evaluation
and may be subject to disciplinary action up to and including dismissal.
4. An employee whose breath test results in a reading of two one-hundredths
of one percent (0.02%) to thirty-nine one-thousandths of one percent
(0.039%) blood alcohol content shall be removed from duty and not
returned to work for at least eight (8) hours, and all hours not worked
shall be recorded as lost time. An employee who has a continuing pattern
of breath test results between two one-hundredths of one percent (0.02%)
to thirty-nine one-thousandths of one percent (0.039%) blood alcohol
content shall be referred to a substance abuse professional for evaluation
and may be subject to disciplinary actions up to and including dismissal.
5. An employee whose breath test results in a reading of four one-hundredths
of one percent (0.04%) blood alcohol content or greater shall be removed
from duty and not returned to work for at least eight (8) hours, and
all hours not worked shall be recorded as lost time. Additionally,
the employee shall be referred to a substance abuse professional for
evaluation and may be subject to disciplinary action up to and including
dismissal.
6. An employee whose drug test result is reported to the City as positive
or whose breath test result is four one-hundredths of one percent
(0.04%) blood alcohol content or greater and who has previously had
positive drug tests or previous breath tests with a result greater
than four one-hundredths of one percent (0.04%) blood alcohol content
or who has previously been referred to a rehabilitation program under
the self-help provisions of these rules shall be subject to disciplinary
action up to and including dismissal.
7. Failure to immediately begin an approved rehabilitation program,
successfully complete the program and/or participate in required or
recommended after-care may result in disciplinary action up to and
including dismissal.
8. Post Rehabilitation. An employee who tests positive for illegal drugs/alcohol
use cannot return to work until he/she meets all of the following
conditions:
a. Successfully completes a City approved rehabilitation program.
b. No further use of a controlled substance as indicated by a negative
drug/alcohol test result at the time of release.
c. Obtains a full, written release and recommendation to return to duty
from the treatment facility doctor and/or counselor.
d. Continues to participate in any program of after-care required by
the rehabilitation facility doctor and/or counselor.
e. Agrees to be subject to post-rehabilitation unannounced follow-up
testing as determined by the substance abuse professional after consultation
with the City, for twenty-four (24) months after reinstatement.
[R.O. 1993 § 115.110; Ord. No.
2305 § 1, 11-14-1995]
A. In
addition to the City's general drug and alcohol policy, all City employees
who perform job duties requiring a commercial driver's license shall
be subject to the rules of the Federal Highway Administration governing
drug and alcohol testing (49 CFR 382). A summary of those rules follow:
1. Beginning January 1, 1996, employees required to have a CDL for their
job are subject to the following prohibitions:
a. No driver shall report to duty or remain on duty with a blood alcohol
concentration of four one-hundredths of one percent (0.04%) or greater.
b. No driver shall possess or use alcohol, including any medication
with an alcohol component, while on duty.
c. No driver shall be allowed to drive within four (4) hours of using
alcohol.
d. A driver involved in an accident which requires an alcohol test may
not use any alcohol until after the test is completed or eight (8)
hours has elapsed.
e. No driver shall refuse to submit to any required drug or alcohol
test.
f. No driver shall report for duty or remain on duty when using any
drugs except those a physician has advised that the driver may use
which will not adversely affect the driver's performance.
2. Drivers are subject to the following drug and/or alcohol tests:
a. Pre-employment testing for drugs and alcohol.
b. Post-Accident. Drivers will be given drug and alcohol tests within
eight (8) hours of an accident involving the death of a person or
where the driver was cited by police.
c. Random Testing. Drivers must participate in random drug and alcohol
test pools. The random test rate of the alcohol pool shall be at least
twenty-five percent (25%) of the drivers annually and for the drug
pool shall be at least fifty percent (50%) of the drivers annually.
d. Reasonable Suspicion Testing. Drivers are subject to drug and/or
alcohol testing at any time when based upon reasonable suspicion.
e. Return To Duty Testing. Before returning to duty after being excluded
because of drug or alcohol use, a driver must take and pass drug and/or
alcohol tests.
f. Follow-Up Testing. A driver referred to a substance abuse professional
and subject to assistance or rehabilitation for drug or alcohol use
shall be subject to such follow-up testing as directed by a substance
abuse professional.
g. Refusal To Test Shall Be Treated As A Positive Test. Drivers must
be readily available for testing immediately before, during or just
after performing their duties.
3. Supervisors have the following specific duties:
a. Supervisors must produce drivers for post accident drug and alcohol
testing within two (2) hours of the accident or explain in writing
why the driver was not produced. The driver may be given necessary
medical treatment and if such treatment prevents normal drug or alcohol
testing, the supervisor shall immediately inform the City employee
health nurse.
b. Whenever drug or alcohol tests are required under these rules, supervisors
must produce the driver for these tests, and when current impairment
is reasonably suspected, the supervisor shall not allow the employee
to drive.
c. Observations supporting a supervisor's reasonable suspicion of drug
or alcohol use must be made just before, during or just after the
employee performs safety sensitive work. These observations must be
reduced to writing within twenty-four (24) hours of the observation.
d. Whenever drug or alcohol tests are required by these rules and the
employee is not tested within eight (8) hours of notice of the need
to test, the supervisor shall explain in writing why the test or tests
were not performed.
4. Besides the penalties set out by the City for violations of these
rules, Federal rules violations have the following consequences:
a. No driver may drive if they have used a listed drug, and no driver
may drive within four (4) hours of using alcohol or at any time when
an alcohol test indicates an alcohol concentration of four one-hundredths
of one percent (0.04%) or greater.
b. A driver violating these rules may not return to work until evaluated
and released by a substance abuse professional, and subsequently tested
for alcohol and drugs with negative results.
c. A driver tested with an alcohol concentration greater than two one-hundredths
of one percent (0.02%) and less than four one-hundredths of one percent
(0.04%) may not drive or perform other safety sensitive functions
for twenty-four (24) hours after the test.
d. Federal civil penalties for breach of the Federal rules range between
one thousand dollars ($1,000.00) to ten thousand dollars ($10,000.00)
for each offense. Federal criminal penalties for violations of the
Federal rules range between one thousand dollars ($1.000.00) and twenty-five
thousand dollars ($25,000.00) for each offense or up to one (1) year
imprisonment for each offense.
B. Rule
Conflicts. Whenever a Federal rule conflicts with a general City rule,
the Federal rule shall control.
[R.O. 1993 § 115.130; Ord. No.
2305 § 1, 11-14-1995]
If an employee violates any provision of the City drug and alcohol
policy or rules of the applicable Federal drug and alcohol rules or
fails to do anything required under the policy or these rules, the
employee may be subject to disciplinary action up to and including
discharge and/or may be required as a condition of continued employment
to attend a drug and/or alcohol rehabilitation program approved by
the City on the employee's time and at the employee's expense.
[R.O. 1993 § 115.140; Ord. No.
2305 § 1, 11-14-1995]
Employees must, as a condition of employment, abide by the terms
of this policy and report any conviction under a criminal drug Statute
for violations occurring on or off City premises while conducting
City business. A report of a conviction must be made within five (5)
days after the conviction to the Department Director. Within ten (10)
days of learning of an employee's criminal conviction for illegal
drug activity within the work place, the City will notify the Federal
Government of such conviction. Within thirty (30) days of learning
of an employee's criminal conviction for illegal drug activity within
the work place, the City will take appropriate personnel action. (This
requirement is mandated by the Federally legislated Drug-Free Workplace
Act of 1988).