[Ord. No. 1884 § 1(22-143), 1-15-1996]
A.
In addition to the general provisions of Article X of this Chapter, it is the policy of the City of Centralia, Missouri to provide safe, dependable, and economical service to its citizens and to provide safe working conditions for its employees and to comply with the requirements of Federal law and regulations related to the Drug Free Work Place Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. It is also the policy of the City of Centralia, Missouri provide health, satisfying working environments for its employees.
B.
To meet these goals, it is the policy of the City of Centralia, Missouri
to insure that its employees are not impaired in their ability to
perform assigned duties in a safe, productive and healthy manner;
to create a work place environment free from the adverse effects of
alcohol and controlled substances abuse or misuse; to prohibit the
unlawful manufacture, distribution, dispensing, possession or use
of alcohol and controlled substances; and to encourage employees to
seek professional assistance when personal problems, including alcohol
and controlled substance dependency, adversely affect their ability
to perform assigned duties.
[Ord. No. 1884 § 1(22-144), 1-15-1996]
The purpose of this policy is to assure worker fitness for duty
and to protect employees and the public from the risks posed by the
use of alcohol and controlled substances. It is also the purpose of
this policy to comply with all applicable Federal and State regulations
governing work place alcohol and controlled substance abuse programs
mandated under the above-noted Federal acts. These Federal acts mandate
urine drug testing and breathalyzer alcohol tests for safety-sensitive
positions and prevent performance of safety-sensitive positions when
there is a positive test result. The Federal law has also established
standards for collection and testing of urine and breath specimens,
the reporting of certain drug-related offenses, protective measures
for certain employees tested, for the preservation of confidentiality,
and for certain reporting.
[Ord. No. 1884 § 1(22-145), 1-15-1996]
This policy applies to all safety-sensitive employees who perform
safety sensitive functions as these persons and activities are defined
in the Omnibus Transportation Employee Testing Act and its implementing
regulations, including but not limited to persons who are required
to possess a commercial driver's license (CDL) for the operation of
a commercial motor vehicle. This policy also applies to City Police
Officers, provided the policy does not apply to Reserve Police Officers,
Police Dispatchers, and the Code Enforcement Officer. This policy
does not apply to Firefighters.
[Ord. No. 1884 § 1(22-146), 1-15-1996]
For the purposes of this Article XI of Chapter 22 of the Centralia City Code, the following words and terms shall have the meanings indicated by this Section:
A motor vehicle designed or used to transport passengers
or property:
If the vehicle has a gross combination weight rating of twenty-six
thousand one (26,001) or more pounds inclusive of a towed unit which
has a gross vehicle weight rating of ten thousand one (10,001) pounds
or more; or
If the vehicle has a gross vehicle weight rating of twenty-six
thousand one (26,001) or more pounds or such lesser rating as determined
by Federal regulation; or
If the vehicle is designed to transport more than fifteen (15)
passengers, including the driver; or
If the vehicle is transporting hazardous materials and is required
to be placarded under the Hazardous Materials Transportation Act (46
U.S.C. 1801 et seq.).
Any failure to immediately report to the test site to participate
in the required testing under this policy.
[Ord. No. 1884 § 1(22-147), 1-15-1996]
A.
The City Administrator of the City of Centralia, Missouri shall be
designated as the controlled substance and alcohol policy administrator
for the City. Any inquiries concerning this policy, its application,
its administration, or its interpretation shall be made to the policy
administrator.
B.
The policy administrator shall develop and maintain a current list
of the positions that are governed by this policy. The list shall
be available for inspection in the City Administrator's office. Individuals
who are applying for positions with the City and affected employees
shall be notified of the positions that are covered by this policy.
C.
The policy administrator shall develop all forms necessary to carry
out the provisions of this policy, unless the forms are provided under
the Federal regulations. The forms shall be provided to appropriate
persons who are responsible for the implementation and management
of this policy.
[Ord. No. 1884 § 22-148, 1-15-1996]
A.
Relating to the consumption of alcohol, an employee is prohibited
from the operation of a commercial motor vehicle and/or from engaging
in any work related function:
1.
While consuming alcohol;
2.
While having a blood alcohol concentration of two-hundredths (0.02)
or greater;
3.
Within four (4) hours of consuming alcohol; and
4.
After refusing to submit to an alcohol test.
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An employee is prohibited from consuming alcohol within eight
(8) hours after an accident as specified in this policy.
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B.
An employee is prohibited from the unauthorized use of a controlled
substance at any time, whether on or off duty.
C.
An employee is prohibited from the unauthorized possession of alcohol
while on duty and of controlled substances at any time, whether on
or off duty.
D.
Any employee convicted of illegal conduct related to controlled substances
or alcohol and who fails to report such conviction to the policy administrator
shall be subject to immediate termination from service.
E.
Any employee whose job performance requires the possession of a valid
commercial driver's license (CDL), and who loses the CDL for a law
violation or as a consequence of a law violation shall be subject
to disciplinary action up to and including termination from service.
The employee shall notify the policy administrator and the employee's
immediate supervisor of the loss of the CDL. Failure to notify the
policy administrator of the loss of the CDL shall result in immediate
termination from service.
F.
Any employee who is consuming a prescribed or authorized controlled
substance or other substance of any kind which has side effects that
may inhibit or impair the employee's performance shall provide written
notice to the policy administrator of such consumption upon reporting
to work and prior to engaging in any work related activity, or earlier
if possible. Failure to report such consumption shall be cause for
disciplinary action up to and including termination from service.
[Ord. No. 1884 § 1(22-149), 1-15-1996]
Employees subject to this policy shall be subject to controlled
substance and breath alcohol testing including the following types
of tests: pre-employment testing, random testing (except as provided
herein), reasonable suspicion testing; post-accident testing; return
to work testing; and follow-up testing to rehabilitation programs.
A.
Pre-employment Testing. Pre-employment urine drug
testing shall be required of all applicants for positions covered
by this policy as a condition of the application procedure. Future
employment as defined shall be considered as if the application was
for original entry into service for purposes of this policy. Receipt
of satisfactory test results is required prior to commencement of
employment and/or engaging in safety-sensitive functions, and the
failure of a controlled substance or breath alcohol test disqualifies
an applicant from appointment to employment for a period of at least
one hundred twenty (120) days. Evidence of the absence of controlled
substances or alcohol dependency from a Substance Abuse Professional
(SAP) and negative controlled substance and breath alcohol tests shall
be required prior to further consideration for any employment, including
reports from prior employees by an employee's written authorization.
B.
Reasonable Suspicion Testing. Reasonable suspicion
testing shall be used to determine fitness for duty evaluation, including
appropriate urine and/or breath alcohol testing when there are objective,
observable reasons to believe that a controlled substance or alcohol
use is adversely affecting an employee's job performance or that the
employee has violated this policy. Reasonable suspicion referral from
testing shall be made on the basis of documented, objective facts
and circumstances which are consistent with the effects of substance
use. Reasonable suspicion observations and reports can only be made
by supervisory or management personnel who are trained to detect the
signs and symptoms of controlled substance and alcohol use and who
may reasonably conclude that an employee may be adversely affected
or impaired in the employee's work performance due to the use of the
controlled substance or alcohol. The observing supervisor or manager,
whether or not the person is the employee's immediate supervisor,
is required to complete the appropriate required documentation concurrently
with the observation and consideration to impose reasonable suspicion
testing.
Reasonable suspicion testing shall be required and completed
whenever possible within two (2) hours of the observation, but in
any case no later than eight (8) hours after the observation for breath
alcohol testing and thirty-two (32) hours for controlled substance
testing.
C.
Post-accident Testing. Post-accident testing shall
be required to test employees after a vehicular accident has occurred
in which a fatality has occurred, or when a traffic citation is issued
after an accident. Post-accident testing may be required where injury
to a person requires transport to a medical treatment facility, or
disabling damage to one (1) or more vehicles requires towing from
the accident site to occur. Testing shall include both breath alcohol
and urine drug testing of each employee involved.
Post accident testing shall be required and completed whenever
possible within two (2) hours of the accident occurrence, but in any
case no later than eight (8) hours after the accident for breath alcohol
testing and thirty-two (32) hours for controlled substance testing.
An employee involved in an accident shall not consume alcohol for
eight (8) hours following the accident.
D.
Random Testing. Random testing shall be conducted
on all persons covered by this policy. Random testing shall be unannounced
and conducted with unpredictable frequency throughout the year using
an established scientifically-based selection method. Testing shall
be conducted whenever and as ordered by appropriate supervisory personnel,
but no less frequently than required by Federal law and regulations,
and in such numbers as is minimally determined under the regulations.
E.
Return To Work Testing. Return to work urine drug
and alcohol testing for all employees covered by this policy shall
be required for all employees who previously tested positive on a
controlled substance or alcohol test. The employee must test negative
and be evaluated and released to return to work by a Substance Abuse
Professional before being permitted to return to work.
F.
Follow-up Testing. Follow-up testing of employees
returning to work after previously testing positive on a controlled
substance or alcohol test shall be required. Such employees must submit
to frequent unannounced random urine drug and breath alcohol testing
at least six (6) times in the following twelve (12) months after return
to work, which random testing may be continued for a period of up
to sixty (60) months from the employee's return to work date.
G.
Additional Drug Tests. Any employee who questions
the results of a required urine drug test under this policy may request
that any additional test be conducted. The test must be conducted
on a split sample that was provided at the same time as the original
sample and the test analysis shall be conducted at a different qualified
laboratory than where the original test was conducted. All costs for
employee-requested testing shall be paid by the employee unless the
second test invalidates the original test. An employee's request for
a re-test must be made to the City's Medical Review Officer (MRO)
within seventy-two (72) hours of the notice to the employee of the
initial test result. Requests made after the seventy-two (72) hour
limit will only be accepted if the delay was due to documentable facts
that were beyond the control of the employee. The method of collecting,
storing, and testing the split sample required under this policy shall
be consistent with the procedures established in 49 Code of Federal
Regulations (CFR) Part 40.
H.
Failure To Test. Any employee who fails to submit
to the required testing under this policy is considered to have tested
positive and shall be subject to all of the consequences that flow
related to positive testing.
I.
Delay In Testing. Any employee ordered to test shall
report immediately to the test site upon being ordered to submit to
testing. No delay of any type may be granted or taken. Delay in reporting
by the employee shall be treated as a refusal to test and shall subject
the employee to all of the consequences that flow related to positive
testing. Failure to provide a sufficient sample or providing an adulterated
sample shall be considered as a refusal to test and shall subject
the employee to all of the consequences that flow related to positive
testing.
[Ord. No. 1884 § 1(22-150), 1-15-1996]
A.
Alcohol. Federal regulations require breath alcohol
testing to be done on an Evidential Breath Testing device approved
by the National Highway Safety Administration. An initial screening
test is conducted first. Any result that is less than two-hundredths
(0.02) blood alcohol concentration is considered negative. If the
blood alcohol concentration is two-hundredths (0.02) or greater, a
second confirmatory test must be conducted. Any employee who tests
with a blood alcohol concentration of two-hundredths (0.02) or greater
shall be removed from service for at least twenty-four (24) hours.
Any employee who is found to have engaged in prohibited alcohol
conduct under this policy shall be immediately removed from work-related
activity; and the employee shall not be permitted to resume work until
the employee
B.
Controlled Substances. Controlled substance testing
is conducted by analyzing an employee's urine specimen performed at
a laboratory certified and monitored by the U.S. Department of Health
and Human Services for the following controlled substances:
1.
Marijuana (THC metabolite)
2.
Cocaine
3.
Amphetamines
4.
Opiates (including heroin)
5.
Phencyclidine (PCP)
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The testing for controlled substances is a two-stage process.
First a screening test is conducted. If the test is positive for one
or more of the controlled substances, a confirmatory test is conducted
for each identified controlled substance. The confirmatory test is
a gas chromatography/mass spectrometry (GC/MS) analysis.
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Any employee who tests positive on the confirmatory test shall
be interviewed by the City's Medical Review Officer (MRO). The employee
shall be immediately removed from work-related activity, and the employee
shall not be permitted to resume work until the employee.
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1.
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Is evaluated by a Substance Abuse Professional, and
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2.
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Complies with the rehabilitation contract, if such is required,
and
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3.
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Has tested negative in a follow-up test.
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[Ord. No. 1884 § 1(22-151), 1-15-1996]
A.
An employee who tests positive for the presence of controlled substances
or alcohol above the minimum thresholds set forth in the federal regulations
shall be evaluated by a Substance Abuse Professional (SAP). The SAP
shall evaluate each employee who tests positive to determine what
assistance, if any, the employee needs in resolving problems associated
with the controlled substance or alcohol.
B.
Assessment by a SAP does not protect an employee from disciplinary action or guarantee continued employment or reinstatement by the City. The City disciplinary policy in Article IV of Chapter 22 of the Centralia City Code provides guidance to the discipline that may be imposed, unless otherwise stated in this policy.
[Ord. No. 1884 § 1(22-152), 1-15-1996]
A.
Any employee who is determined to be in need of assistance for controlled
substance or alcohol related problems under this policy by the Substance
Abuse Professional (SAP) may be permitted to enter into a rehabilitation
plan approved by the City, provided the employee agrees to adhere
to the terms of the rehabilitation contract with the City. Failure
to complete the rehabilitation assistance plan or to adhere to the
rehabilitation contract shall be considered a resignation by the employee
from employment with the City.
B.
The rehabilitation contract shall include the following terms and
conditions to be adhered to by the employee who is granted rehabilitation
assistance:
1.
The employee shall agree to undertake and successfully complete the
rehabilitation assistance plan established for the employee by the
SAP or by a rehabilitation professional accepted by the City; and
2.
The employee agrees to refrain from any violation of this policy
and the use of controlled substances and alcohol consistent with the
plan of rehabilitation and this policy, and
3.
The employee provides a release of all medical records for use and
review by the City relating to the rehabilitation assistance plan
for the assistance undertaken and compliance; and
4.
The employee agrees to unannounced random testing for a City-determined
period of time subsequent to the employee' return to work consistent
with this policy; and
5.
The employee agrees to submit to return to work testing demonstrating
that the employee is negative under controlled substance and/or alcohol
test standards; and
6.
The employee agrees that any future controlled substance or alcohol
violations shall be considered as a resignation of the employee from
service, without recourse.
[Ord. No. 1884 § 1(22-153), 1-15-1996]
A.
The City shall secure a contract with an appropriately certified
testing laboratory to conduct the controlled substance testing analysis
and reporting required under this policy and under the federal regulations
in conformity with the standards established under the federal regulations.
The City may contract for the required alcohol testing or may perform
the testing using qualified City personnel who utilize appropriate
testing equipment.
B.
The City shall engage the services of an independent contractor to
serve the City as the Medical Review Officer (MRO) properly credentialed
and trained in compliance with the federal regulations, who shall
not be an employee of the City. The MRO shall, as a part of the engagement
contract, maintain all relevant records and provide the required reports
that the City needs to comply with the federal reporting requirements.
C.
The City shall contract with a Substance Abuse Professional for the
providing of services under this policy and in compliance with the
federal regulations.
[Ord. No. 1884 § 1(22-154), 1-15-1996]
A.
The City shall provide all employees with a copy of this policy and
materials related to the effects of the use and/or abuse of alcohol
and controlled substances. The City shall also provide information
to employees regarding treatment and rehabilitation available. Employees
shall be required to confirm in writing receipt of this policy and
any revisions and of the educational materials, noting the date of
receipt and acknowledgement by signature witnessed by the supervisor
providing the materials.
B.
The City shall develop and provide training for all supervisors and
managers who are responsible for the administration and enforcement
of this policy. The training, at a minimum, shall include at least
sixty (60) minutes of program on the physical and behavioral effects
on personal health, safety, and on the work environment and performance
indicators on the effects of alcohol use and abuse, the side effects
of abuse, and the consequences of prohibited work-related activity
involving alcohol consumption. The training shall include an overview
of this policy and its implementation and application to employees.
The training, at a minimum, shall include at least sixty (60) minutes
of program on the physical and behavioral effects on personal health,
safety, and on the work environment and performance indicators of
controlled substance use and abuse, the side effects of controlled
substance abuse, and the consequences of prohibited activity involving
controlled substances. Training shall also include a component related
to objective observation for reasonable suspicion testing, documentation
and record keeping. The training may include other components that
the policy administrator, the Medical Review Officer, and/or the Substance
Abuse Professional believe can enhance the program administration
and awareness of problems and treatment related to alcohol and controlled
substance use. The training may also provide components related to
the City sponsored or supported referral programs and employee assistance
efforts that are sanctioned to deal with alcohol and controlled substance
use and abuse problems.
[Ord. No. 1884 § 1(22-155), 1-15-96]
A.
All records developed and/or acquired pursuant to this policy shall
be maintained under strict confidentiality by the City, the testing
laboratory, the Medical Review Officer, and the Substance Abuse Professional,
when and as applicable. The records shall be maintained separately
from other personnel records kept by the City and shall be kept in
a secured location with other medical records. Material shall not
be released to others without the written consent of the affected
employee, except under provisions provided in the Federal regulations,
as needed with regard to the rehabilitation contract, in litigation
or quasi-judicial and administrative proceedings related to positive
test results and/or matters initiated by an employee.
B.
Any person who breaches the confidentiality provision of this policy
may be subject to immediate termination from employment or from any
contractual relationship with the City without recourse.
[Ord. No. 1884 § 1(22-156), 1-15-1996]
B.
The acceptance by an employee of the rehabilitation assistance plan
and contract does not serve as a bar to imposing disciplinary action
related to violations of this policy.
C.
Any supervisor or manager who knowingly permits an employee to violate
this policy or engage in work activity while consuming alcohol or
a controlled substance or fails to enforce this policy may be subject
to immediate termination from employment.
D.
This policy does not displace any other penalties that may be imposed
or be incurred as a result of violating City policy or State and Federal
laws, or as provided in the worker's compensation laws.
[Ord. No. 1884 § 1(22-157), 1-15-1996]
A.
This policy shall be administered in compliance with other Federal,
State, and local laws related to employee health and welfare policies,
leave policies, benefit programs and other related policies of the
City. In the case of apparent conflicts between this policy and other
policies or applicable laws, the policy administrator shall make the
appropriate rulings to resolve the potential conflicts, whenever possible.
B.
In the event that any part of this policy is judicially determined
to be in conflict with any law or to be in violation of any law or
is rendered ineffective because of some State or Federal legislative
enactment, that part or parts shall be void, but the remainder of
the policy shall remain in effect. Parts that are void or voided shall
be replaced as soon as possible so as to maintain the full effect
of this policy and/or bring it into compliance with relevant laws.
[Ord. No. 1884 § 1(22-158), 1-15-1996]
This policy is subject to amendment by City ordinance from time
to time. Amendments that are made shall be provided to employees upon
adoption and shall become effective as provided in said ordinance.
