[Ord. No. 7052 §§1—2, 1-27-2003]
The City values its employees and recognizes their need for
a safe and healthy work environment. Furthermore, employees abusing
drugs and alcohol are less productive and are often a risk to the
safety and productivity of our City. The establishment of a Drug-Free
Workplace Policy is consistent with this City's desire to promote
a safe and accident-free workplace.
[Ord. No. 7052 §§1—2, 1-27-2003]
A.
It is
the policy of the City to maintain a workplace free from the use and
abuse of illegal drugs and alcohol. Compliance with this policy is
a condition of continued employment. At any time, the City may unilaterally,
at its discretion, amend, supplement, modify or change any part of
this policy. The policy does not represent an expressed or implied
contract and does not affect your status as an at-will employee.
B.
To maintain
a drug-free workplace, the City has established the following policy
effective January 27, 2003, with regard to the use, possession and
sale of illegal drugs and alcohol. Drug and alcohol testing practices
will be adopted to identify employees or applicants using drugs and/or
alcohol.
C.
Non-compliance
with this policy, which may result from either a refusal to submit
violation or a positive test result, shall result in severe disciplinary
action up to and including termination.
[Ord. No. 7052 §§1—2, 1-27-2003]
The City reserves the right to use mandatory referral, evaluation
and treatment, including disciplinary actions up to and including
termination of employment, depending upon the seriousness of the violation,
the employee's present job assignment, the employee's record with
the City and other factors, including the impact of the violation
upon the conduct of City business. In a first (1st) violation situation,
the City's preferred response will be mandatory referral, evaluation
and treatment without termination of employment; however, the City
may implement immediate termination in a first (1st) violation situation
if, in the City Administrator's judgment, the circumstances warrant
such action.
[Ord. No. 7052 §§1—2, 1-27-2003]
A.
ILLEGAL DRUG
Definition. As used in this Article, the following terms
shall have these prescribed meanings:
Any drug:
B.
Any employee
involved in any of the following activities at any time during the
hours between the beginning and end of the employee's work shift,
whether or not on City business, premises or property, is a violation
of City policy and subject to disciplinary action:
1.
Bringing
illegal drugs onto City property or premises.
2.
Having
possession of or having a specific level of concentration amount of
illegal drugs or alcohol in employee's body during working hours.
3.
Using,
consuming, transforming, distributing or attempting to distribute
or dispensing illegal drugs.
[Ord. No. 7052 §§1—2, 1-27-2003]
A.
The City
asserts its legal right and prerogative to test any employee for illegal
drugs and alcohol use in conjunction with any accident or injury alleged
to have occurred within the course and scope of employment. Employees
may be asked to submit to medical examination and/or submit to urine,
saliva, breath and blood testing for illegal drugs or alcohol within
the body of the employee following an accident or injury. Any information
obtained through such examinations may be retained by the City and
is property of the City.
B.
In particular,
the City reserves the right, in its discretion and within the limits
of Federal and State laws, to examine and test for the presence of
drugs and alcohol.
[Ord. No. 7052 §§1—2, 1-27-2003]
All applicants whom the City of Webb City intends to employ
will be tested for controlled substances prior to the commencement
of City employment. Any such job offer shall be deemed conditional
upon the successful completion of such testing. Failure or refusal
of such testing shall be cause for withdrawal of any such job offer.
[Ord. No. 7052 §§1—2, 1-27-2003]
A.
An incident
occurring while on City business that results in any one (1) or more
of the following:
1.
Injury
(requiring medical treatment) to an employee or others;
2.
Damage
to City property; or
3.
A motor
vehicle accident involving the towing of a vehicle from the accident
scene or the City-employed driver being issued a citation for a moving
violation;
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will be subject to illegal drug and/or alcohol testing. Alcohol
tests will be conducted within two (2) hours of the incident and controlled
substances within thirty-two (32) hours. Failure to report any accident
which meets the post-accident testing criteria is in violation of
City policy and subject to disciplinary action. Employees testing
positive, under State law, may be ineligible or receive a fifteen
percent (15%) reduction of Workers' Compensation benefits.
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[Ord. No. 7052 §§1—2, 1-27-2003]
Current employees may be asked to submit to a drug and/or alcohol
test if cause exists to indicate that their health or ability to perform
work may be impaired. Although reasonable suspicion testing does not
require certainty, mere "hunches" are not sufficient to meet this
standard. Therefore, the City Administrator will only conduct a reasonable
suspicion test after careful consideration and approval.
[Ord. No. 7052 §§1—2, 1-27-2003]
A.
The drug
test will be performed from urine specimens collected at a qualified
collection site. For all post-accident and reasonable cause situations
to determine substance levels, a blood test or evidential breath test
will be performed at the collection site. The collection site will
take the necessary steps to avoid any dilution or alteration of urine
specimens. Proper handling of the specimens will be maintained so
that the specimen results can be traced to the proper individual.
A secure, written chain-of-custody process will be implemented from
the time of the collection of the specimen until the specimen is disposed
of or secured in frozen long-term storage. The specimen will be analyzed
by a NIDA-certified, professional laboratory for the following controlled
substances with specific concentration levels greater than the following:
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Cocaine
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300 ng/ml
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Cannabinoids (marijuana)
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100 ng/ml
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Phencyclidine (PCP)
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25 ng/ml
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Amphetamines
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1,000 ng/ml
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Opiates
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2,000 ng/ml
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B.
In addition
to the above controlled substances, breath test or blood test will
be conducted to determine the presence of alcohol for a concentration
level greater than four-hundredths (.040).
C.
Any employee
who is tested positive will have the right, upon request, to see the
results of his/her test. The City will notify employees whose tests
are confirmed positive. If the test is a result of a post-accident
situation requiring medical care, the City's Workers' Compensation
insurance carrier will be notified of the results.
