City of Lake Tapawingo, MO Article IV Substance Abuse Policy

Section 100.110 Substance Abuse Policy.

[Ord. No. 922, 8-2-2012]

A. Purpose.

1. 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.

2. To comply with all applicable Federal and State regulations governing workplace alcohol and controlled substance abuse programs.

3. To provide safe, dependable and economical services to its citizens, to provide safe working conditions for its employees and to comply with the requirements of Federal law 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 to provide healthy, satisfying, working environments for its employees.

4. To meet these goals, it is the policy of the City 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 workplace environment from the adverse effects of alcohol and controlled substance 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.

B. Policy. The City shall designate the physician, health care institution, clinic and/or laboratory to conduct the testing (as well as any changes in such designation).

1. The City reserves the right to require an employee submit to drug and alcohol testing under the following circumstances:

a. Pre-employment. The City will administer drug and alcohol test to all full-time and/or regular part-time candidates for hire regardless of the position being filled. Prospective employees will be instructed of the requirement to submit to such testing for alcohol and unauthorized drugs as set forth for alcohol and unauthorized drugs as set forth herein. Any positive unauthorized drug or alcohol test result or the refusal and/or failure to cooperate with such testing will result in the applicants' disqualification from consideration.

b. Safety sensitive. Employees who serve in positions designated as "safety sensitive" or who operate City vehicles and/or other motorized equipment will be required to undergo testing that complies with the Omnibus Transportation Employees Act of 1991, as amended, and all applicable United States Department of Transportation regulations. Such requirements include periodic random drug testing. All such testing pursuant to DOT regulations shall be conducted in accordance therewith.

c. Post accidents. In the case of a work-related accident that requires medical treatment (excluding routine first aid) or damage to property in particular involving City vehicles.

d. Reasonable suspicion. Where the City has reasonable suspicion that the employee is under the influence of and/or has recently ingested an unauthorized drug and/or alcohol.

e. Where the employee has failed prior urinalysis and/or other screening for unauthorized drugs and alcohol.

C. Refusal To Submit To Testing. An employee who refuses to submit to testing will be discharged. Any employee submitting to a test will be allowed to present a list of prescription or non-prescription drugs to the testing facility and those will be considered in making an evaluation of the test results. Upon request, an employee shall be permitted to provide split samples.

D. Employee Cooperation. Each employee to be tested pursuant to this policy shall: Cooperate fully, execute and complete truthfully such documents and releases as may be required by the physician, health care institution, clinic and/or laboratory; and authorize a written report of the results and/or other relevant records and testimony to be submitted to the City.

E. Discipline. If an employee submits to testing pursuant to this policy and the result of such testing (including a confirmatory test) reflects the presence of an unauthorized drug and/or alcohol, the employee will be subject to immediate discharge.

1. The presence of alcohol shall not be considered to exist where the alcohol concentration in the employee's blood or breath is less than two-hundredths (.02).

2. It is a dischargeable offense for an employee to consume alcohol beverages or use or possess unauthorized drugs on the City premises, vehicles and work sites, including parking lots and/or during his/her work shift or while engaged in City business.

3. 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 shall be subject to immediate discipline including discharge.

4. This policy does not displace any other penalties that may be imposed or be incurred as a result of violation of City policy or State and Federal laws, or as provided in the Workers' Compensation laws.

5. Disciplinary action which may be undertaken pursuant to this policy shall constitute an independent administrative action against the employee involved and shall not be dependent upon or controlled in any manner by any other civil, administrative or criminal proceedings which are or may be instituted against the employee.

F. Coordination With Other Laws And Policies.

1. This policy shall be administered in compliance with other Federal, State and local laws related to employee health and welfare policies, leaving policies, benefit programs and other related policies of the City. In the case of apparent conflicts between this policy, other policies and applicable law, the policy administrator shall make the appropriate rulings to resolve the potential conflicts, whenever possible.

2. In the event that 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 legislature enactment, that part(s) shall be void, but the remainder of this policy shall remain in effect. Parts that are void or voided shall be replaced as soon as possible as to maintain the full effect of this policy and/or bring it into compliance with relevant laws.

G. Amendments. This policy is subject to amendment by the City from time to time. Amendments made shall be provided to the employees upon adoption and shall become effective as approved by the Board of Aldermen.

H. Right Of Appeal Substance Abuse. An employee who receives dismissal for violation of the provisions of this policy is entitled to appeal of rights.