[Ord. No. 7328 §1, 8-28-2006]
A.
It
is the policy and practice of the City to provide and promote equal
employment opportunities for all applicants and employees. It is the
responsibility of all employees to ensure that the concepts of equal
employment opportunity and non-discrimination are understood, abided
by and carried out by everyone.
B.
It
is the policy of the City to hire, train, promote, compensate and
administer all employment practices without regard to race, color,
sex, pregnancy, age, veteran status, religion, national origin, handicap
or disability unrelated to the ability to perform a job. This policy
also prohibits "same sex" harassment. In short, discrimination, sexual
harassment or harassment on any of the grounds stated above is strictly
forbidden and will not be tolerated. The City will take appropriate
measures in response to any such incidents which are known by or reported
to management or the Personnel Department.
C.
The
City believes that every employee has the right to work in an environment
free of discrimination, sexual or other prohibited harassment. Such
conduct does not advance the purposes of the City; it is also morally
wrong and may subject the City to legal exposure. Consequently, any
employee who engages in this prohibited conduct will be subject to
disciplinary action, up to and including termination.
D.
Conduct Constituting Prohibited Sexual Harassment. Under
guidelines published by the Equal Employment Opportunity Commission,
"unwelcome sexual advances, requests for sexual favors and other verbal
or physical conduct of a sexual nature" constitute unlawful harassment
in the following instances:
1.
When submission to such conduct is made either explicitly or implicitly
a term or condition of employment; or
2.
When submission to or rejection of such conduct by an individual
is used as a basis for any employment decision (e.g. promotion, wage
increase, termination) affecting such individual; or
3.
When such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creates an intimidating,
hostile or offensive working environment.
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For example and without compiling an exhaustive list, the following
are illustrative of conduct that the City condemns and prohibits under
this policy:
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a.
Conditioning a benefit such as a certain salary or promotion on the
granting of sexual favors or the establishment or continuance of a
personal relationship or to imply to an employee that an award of
such a benefit is conditioned upon the granting of sexual favors or
the establishment or continuance of a personal relationship.
b.
Stating or implying that another employee's performance is attributable
in whole or in part to the sex of that employee.
c.
Stating or implying that a fellow employee's promotion in the City
hierarchy has resulted from the granting of a sexual favor or relationship.
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Sexual harassment may involve such matters as crude sexual jokes
or sexual names; sexually suggestive, profane language; offensive
sexual flirtations and innuendos; a display of obscene or pornographic
material; sexual advances; grabbing or touching another individual;
or other similar demeaning and insulting behavior based on sex. Employees
of the City should be aware that the issue of whether conduct constitutes
sexual harassment or discriminatory conduct may depend on how that
conduct is viewed by the employee who is subjected to the conduct.
Any employee who initiates or persists in this prohibited conduct
assumes the risk of violating this policy in the event that the person
who is the object of the conduct views it as offensive; accordingly,
such an employee may be subject to discipline even if the conduct
might not have been intended as offensive.
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E.
Prohibited Discriminatory Joking Or Epithets Based On Race, Ethnicity,
Sex, Religion, Age Or Disability. As examples and without
compiling an exhaustive list, the following are illustrative of conduct
the City condemns and prohibits under this policy:
1.
It is prohibited for any employee to bring any item to the work premises
for purposes of a racial, ethnic, sexual, religious, age-related or
disability-related joke or epithet.
2.
It is also prohibited for any employee to use City property, bulletin
boards, e-mail or voice mail systems or documents for purposes of
a racial, ethnic, sexual, religious, age-related or disability-related
joke or epithet.
3.
It is also prohibited for any employee to deface City property or
the personal property of anyone else for purposes of a racial, ethnic,
sexual, religious, age-related or disability-related joke or epithet.
4.
It is also prohibited for any employee to utter or use any racial,
ethnic, sexual, religious, age-related or disability-related jokes
or epithets at work or when referring to or about any other person,
be they an employee or a non-employee.
F.
Procedure Upon Occurrence Of Prohibited Conduct. Any employee
who believes he/she has been subjected or exposed to any harassment
or other conduct prohibited by this policy has the right to have such
activity terminated immediately. Complaints must be made either to
the employee's immediate supervisor, department head or to the City's
Personnel Officer or Mayor. Complaints shall be treated in a confidential
manner to the extent reasonable. Retaliation of any form against anyone
who complains pursuant to this policy is strictly prohibited. An investigation
shall be made immediately concerning any complaint. If the investigation
leads to a determination that the charges are true or there has been
any improper conduct, corrective action will be taken immediately.
Such action may include termination of employment for anyone violating
this policy. Any complaint against the Mayor should be made to the
Personnel Officer who shall do a prompt and thorough investigation.
A report of such investigation shall be forwarded to the Council for
its review and determination of appropriate action to be taken against
the Mayor.
[Ord. No. 7328 §1, 8-28-2006]
A.
Overview. The City stands committed to fulfilling its obligations
under the Americans With Disabilities Act and all other applicable
State and Federal Statutes governing the workplace. It is the policy
of the City to hire, train, promote, compensate and administer all
employment practices without regard to race, color, sex, age, religion,
veteran status, national origin or disability unrelated to the ability
to perform a job with or without reasonable accommodation. Discrimination
against job applicants or employees because they are disabled is prohibited
and will not be tolerated.
B.
Guidelines. When dealing with situations involving job
applicants or employees with a disability, the City will endeavor
to follow these guidelines:
1.
It is against the policy of the City to discriminate against qualified
individuals with disabilities who, with or without reasonable accommodation,
can perform the essential functions of a job.
2.
The City is committed to ensuring that qualified individuals with
a disability are not discriminated against in applying for employment
and once such individuals have been employed in the workplace. It
is the policy of the City, where possible and readily achievable,
to make existing facilities used by employees readily accessible to
and usable by individuals with disabilities. However, there may be
instances where the City is not aware that an employee has a disability
which might impact on an aspect of his/her employment or whether an
existing facility is accessible to and usable by individuals with
disabilities. It is incumbent upon any job applicant or employee to
alert the City or his/her supervisor as to the existence of a disability
which the job applicant or employee believes needs to be accommodated
so that he/she will enjoy and be afforded equal employment opportunity
in the workplace.
3.
An individual may be considered disabled if he/she has a physical
or mental impairment and the impairment substantially limits one (1)
or more of the individual's major activities in life, has a record
or history of such an impairment, or is perceived as having such an
impairment. The City is committed to making reasonable accommodations
in job duties, the work environment, and the application process to
enable a qualified person with a disability to enjoy equal employment
opportunities, so long as such accommodations do not constitute an
undue hardship.
4.
At the same time, the City also has an obligation to provide a safe
work environment for all employees and customers. Reasonable precautions
will be taken to ensure that an employee's disability, or any attempted
reasonable accommodations thereto, do not present a direct threat
to the health and/or safety of the individual employee with a disability
or to others.
C.
Procedural Channels. The employee should advise his/her
supervisor of the existence of a disability which the employee believes
needs to be accommodated so that he/she will have equal employment
opportunities in the workplace. The City will attempt to work with
the employee to determine if the employee's disability can be reasonably
accommodated. Employees also should advise their department head,
the Personnel Officer or the Mayor of any facilities which they believe
need to be made accessible and usable by individuals with disabilities.
In addition, the employee may contact his/her supervisor, department
head, the Personnel Officer or the Mayor if he/she believes that he/she
has been discriminated against by reason of a disability. Any complaint
of disability discrimination shall be investigated and treated in
a confidential manner to the extent reasonable. If the investigation
leads to a determination that the charges are true, corrective action
will be taken immediately.
[Ord. No. 7328 §1, 8-28-2006]
A.
Overview. The City is concerned about the increased violence
in society, which has also filtered into many workplaces throughout
the United States, and has taken steps to help prevent incidents of
violence from occurring at the City. In this connection, it is the
policy of the City to expressly prohibit any acts or threats of violence
by any City employee against any other employee in or about the City's
facilities or elsewhere at any time. The City also will not condone
any acts or threats of violence against the City's employees, customers
or visitors on the City's premises at any time or while they are engaged
in business with or on behalf of the City, on or off the City's premises.
B.
Objectives. In keeping with the spirit and intent of this
policy, it is the stated commitment of the City:
1.
To provide a safe and healthful work environment;
2.
To take prompt remedial action, up to and including immediate termination,
against any employee who engages in any threatening behavior or acts
of violence or uses any obscene, abusive or threatening language or
gestures;
3.
To take appropriate action when dealing with customers, former employees
or visitors to the City's property who engage in such behavior. Such
action may include notifying the Police or other law enforcement personnel
and prosecuting violators of this policy to the maximum extent of
the law. The City intends to use all reasonable legal, managerial,
administrative and disciplinary procedures to secure the workplace
from violence and to reasonably protect employees from harm;
4.
To prohibit employees, former employees, customers and visitors from
bringing unauthorized firearms or other weapons onto the City's premises;
and
5.
To establish a procedure for reporting a complaint of workplace violence
and investigating any complaint of workplace violence.
C.
Description Of Workplace Violence. Workplace violence in
this policy shall include, but not be limited to, an act or behavior
that:
1.
Is physically assaultive;
2.
A reasonable person would perceive as obsessively or irrationally
directed and reasonably likely to result in harm or threat to persons
or property, such as conduct intensely focused because of a grudge,
grievance or romantic interest in another person;
3.
Consists of a communicated or reasonably perceived threat to harm
another individual or to destroy property;
4.
A reasonable person would perceive as menacing or which would be
reasonably interpreted as carrying potential for physical harm to
an individual; and
5.
Involves carrying or displaying weapons, destroying property or throwing
objects in a manner reasonably perceived to be threatening.
D.
Reporting Workplace Violence.
2.
The employee should be prepared to provide the following information:
a.
The employee's name, department and position title.
b.
The name of the person(s) committing the alleged violence (including
department, if an employee of the City).
c.
The specific nature of the alleged violence and specific date and
time of any and all incidents.
d.
All witnesses to any incidents.
3.
The City will not condone any form of retaliation against any employee
for making a report under this policy.
E.
Investigation Of Workplace Violence Complaint.
1.
The Personnel Officer is the person designated by the City to be
the investigator of any complaint of workplace violence. The Mayor
or his/her designee may also investigate any complaint of workplace
violence. If any complaint is directed against the Personnel Officer,
the Mayor shall investigate the complaint or determine an appropriate
delegate to investigate the complaint.
2.
All complaints of workplace violence shall be investigated promptly.
If it is determined that the complaint is valid, appropriate action
shall be taken. If the complaint is against an employee, disciplinary
action shall be consistent with the nature and severity of the offense.
The disciplinary action may include demotion, suspension, dismissal,
warning, placement on probationary status and may also include mandatory
referral to any EAP program which may be maintained by the City. In
the event of any complaint against the Mayor in which the Personnel
Officer recommends disciplinary action, a recommended disciplinary
action and report of the complaint of workplace violence and summary
of the investigation of the complaint shall be forwarded to the City
Council for its review and determination of appropriate action to
be taken against the Mayor.
F.
Obligations Of Employees.
1.
Employees shall report all instances of workplace violence in a timely
manner.
2.
Employees are obligated to cooperate in any investigation of a complaint
of workplace violence including, but not necessarily limited to, coming
forward with evidence, both favorable and unfavorable, to a person
accused of violence and by fully and truthfully making a written report
or verbally answering questions when required to do so during an investigation
of a workplace violence complaint.
3.
Disciplinary action shall be taken against any employee who fails
or refuses to cooperate in an investigation of alleged workplace violence,
or who intentionally files a false complaint of workplace violence.
[Ord. No. 7328 §1, 8-28-2006]
A.
Electronic
mail (e-mail) and voice mail are used prevalently for external and
internal communications. This is an efficient, cost-effective way
of communicating, either internally within an office, between offices
or externally with others. By design, these systems permit us to communicate
without producing a physical record of the communication.
B.
It
is important to be aware, however, that records (either electronic
or voice) of these communications are created and may remain in the
system. Accordingly, it is critical that employees use appropriate
precautions when sending e-mail messages and using voice mail. Both
the subject matter and form of e-mail communications should be of
a business nature. The content of voice mail communications should,
likewise, be business related. When preparing messages, it is best
to assume that they may, at some point, be viewed or heard by someone
other than the intended recipient(s). All messages created, sent or
received using the e-mail system or voice mail remain the property
of the City.
C.
Employees
using the e-mail system and voice mail for personal purposes do so
at their own risk. All passcodes or passwords are the property of
the City. No employee may use a passcode or password that has not
been issued to that employee or that is unknown to the City.
D.
The
City retains the right to review, audit, intercept, access and disclose
any business or personal message created, sent or received on the
e-mail system or by using voice mail and no employee should have any
expectation of privacy regarding any such communications. To ensure
that the use of electronic and telephonic communication (voice mail)
systems and business equipment is consistent with the City's legitimate
business interests, authorized representatives of the City may monitor
the use of such equipment from time to time. Such monitoring may include
printing or reading all e-mail entering, leaving or stored in these
systems or reviewing or monitoring voice mail messages.
E.
Improper
use of the City's communications services and equipment will result
in discipline, up to and including termination. Improper use includes
any misuse as described in this policy as well as harassing, offensive,
demeaning, insulting, intimidating, or sexually suggestive written,
recorded or electronically transmitted messages.
F.
Internet
access should be for business use only during working hours. Internet
access for personal use is permissible during non-working hours so
long as such use does not involve any inappropriate or offensive material.
Internet access is not available for any employee who does not use
a City computer as part of the employee's regular and usual duties.
All City Internet users need to be aware at all times that the Internet
is an open environment that may not be secure. You must govern your
use of the Internet accordingly. Information transmitted over the
Internet, whether by Internet e-mail or as responses entered on Internet
web or other sites, may be non-secure and may be logged or viewed
by audiences other than those you intend to address. Activities on
the Internet can be traced to the address from which they originate.
It is critical that you be mindful of who may view the information
on the Internet. It is your responsibility to take precautions to
protect privileged and confidential information and to ensure that
your Internet activities reflect well on the City. Internet usage
for any sexually suggestive, pornographic, lewd or indecent material
is absolutely prohibited.
G.
Employees
who violate this policy are subject to disciplinary action, up to
and including discharge.
[Ord. No. 7328 §1, 8-28-2006]
A.
Provisions Applicable To All Employees And Applicants.
1.
Purpose.
a.
It is the policy of the City to maintain a safe, healthy and productive
work environment for all employees and the City's residents. To that
end, the City will act to eliminate any use, possession, concealment,
sale or distribution of illegal or unauthorized drugs and alcoholic
beverages which increases the potential for accidents, absenteeism,
substandard performance, poor employee morale, or tends to undermine
public confidence in the City's workforce. Generally, any substance
which may affect the employee's senses, motor functions or alter the
individual's perception while working falls within this policy. This
prohibition applies during working hours and non-working hours if
the off-duty use impacts job performance.
b.
This policy provides guidelines for the detection and deterrence
of alcohol and drug abuse. It also outlines the responsibilities of
management and employees. All employees covered by this policy should
be aware that violations of the policy may result in discipline, up
to and including termination. Applicants in violation of this policy
will not be hired.
c.
In recognition of the serious duty entrusted to employees of the
City and with the knowledge that drugs and alcohol do hinder a person's
ability to perform duties safely and effectively, the following policy
against drugs and alcohol is hereby adopted by the City.
2.
Policy.
a.
The use, possession, concealment, sale or distribution of unauthorized
drug or alcohol is absolutely prohibited. It is City policy that employees
shall not: report to work with any detectable amount of an unauthorized
drug or alcohol or be under the influence of alcohol or drugs; have
the odor of alcohol or drugs on their breath during a regularly scheduled
shift; possess drugs or alcohol on their person or property under
their control, while on duty or on compensated standby time; sell
or provide drugs or alcohol to any other employees or to any person
while such employee is on duty; test positive for unauthorized drugs
or alcohol; or work impaired as a result of the use of alcohol or
drugs.
b.
The use of medically prescribed medications and drugs is not per
se a violation of this policy. However, an employee should notify
his/her supervisor, before beginning work, when taking medication
or drugs which may interfere with the safe and effective performance
of duties or operation of City equipment. In the event there is a
question regarding an employee's ability to safely and effectively
perform assigned duties while using such medication or drugs, clearance
from a qualified physician will be required.
c.
The City has established a voluntary Employee Assistance Program
(EAP) to assist those employees who voluntarily seek help for alcohol
or drug problems. Telephone numbers for the EAP are listed on posters
in the workplace, on periodic payroll stuffers and in the employee
newsletter. Medical insurance coverage for drug and alcohol treatment
is also included in the medical plan offered by the City. Employees
wishing to obtain more information on any of these benefits should
contact the Personnel Officer, the City's health insurance carrier
or the Employee Assistance Program.
d.
The City reserves the right to search, without employee consent,
all areas and property in which the City maintains joint control with
the employee or full control. All City vehicles are subject to search
by appropriate management personnel. Warrants will be obtained should
it become necessary to search areas beyond the City's immediate control.
e.
Employees reasonably believed to be under the influence of alcohol
or drugs shall be prevented from engaging in further work. The employee
shall be instructed to wait for a reasonable time until an authorized
City representative can transport the employee from the work site.
f.
Violations of this policy will be grounds for disciplinary action,
up to and including discharge. Refusal to submit immediately to an
alcohol and/or drug analysis when requested by management pursuant
to provisions of this substance abuse policy will result in termination.
3.
Employee responsibilities. An employee must:
a.
Not report to work or be subject to duty while having any detectable
prohibited drug or alcohol in his/her system or report to work or
be subject to duty while his/her ability to perform any job duties
is or has been impaired due to alcohol or drug use, on or off duty;
b.
Not possess or use or have the odor of alcohol or drugs on his/her
breath during work hours, on breaks, during meal periods, while on
City property in an official capacity, or while operating any City
vehicle;
c.
Not directly or through a third party sell or provide drugs or alcohol
to any person or to any other employee while either employee or both
employees are on duty or "on call";
d.
Consent to and submit immediately to reasonable requests for alcohol
and/or drug analysis when requested by a department head or his/her
designee;
e.
Notify his/her supervisor, before beginning work, when taking any
medications or drugs, prescription or non-prescription, which may
interfere with the safe and effective performance of job duties or
operation of City equipment;
f.
Provide within twenty-four (24) hours of request a current valid
prescription for any drug or medication identified when a drug screen/analysis
is positive. The prescription must be in the employee's name; and
g.
Notify the Personnel Officer in writing of any criminal drug statute
or ordinances conviction or suspended imposition of sentence for a
violation occurring in the workplace no later than five (5) calendar
days after such conviction or suspended imposition of sentence.
4.
Management responsibilities and guidelines.
a.
All management and supervisors are responsible for consistent enforcement
of this policy. Any supervisor who knowingly permits a violation of
this policy by employees under his/her direct supervision shall be
subject to disciplinary action.
b.
Any management or supervisory representative may request that an
employee submit to a drug and/or alcohol analysis when there is a
reasonable suspicion that an employee is intoxicated or under the
influence of drugs or alcohol or is otherwise in violation of any
provision of this policy. "Reasonable suspicion" is
a belief based on objective and articulable facts sufficient to lead
a reasonably prudent supervisor to suspect that an employee is under
the influence of drugs or alcohol so that the employee's ability to
perform the functions of the job is impaired or so that the employee's
ability to perform his/her job safely is reduced or that the employee
is otherwise in violation of any provision of this policy. For example,
any of the following, alone or in combination, may constitute reasonable
suspicion:
(1)
Slurred speech;
(2)
Alcohol on breath;
(3)
Inability to walk a straight line;
(4)
An accident involving City property;
(5)
Physical altercation;
(6)
Verbal altercation;
(7)
Behavior which is so unusual that it warrants summoning a supervisor
or anyone else with authority;
(8)
Use or possession of alcohol or drugs;
(9)
Information on use or possession of alcohol or drugs provided
either by a reliable and credible source or independently corroborated;
(10)
Arrest or conviction for a substance abuse offense or being
the subject of a criminal investigation into illegal drug possession,
use or trafficking;
(11)
Evidence that the employee has previously tampered with a previous
drug test.
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This list is not intended to be all inclusive of conduct which
constitutes reasonable suspicion.
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c.
Drug/alcohol tests shall be required for employees whenever there
is a pattern of on-duty accidents, an accident resulting in property
damage or any on-the-job injury.
d.
Any supervisor who has reasonable suspicion that an employee is impaired
on the job by alcohol or other substance or is otherwise in violation
of any term of this policy will, with the approval of the department
head, immediately arrange for a substance screening through the Personnel
Department. If a screening is required after normal business hours,
the supervisor will make direct contact with the facility that has
been designated to perform screenings for the City. The following
procedures shall be followed:
(1)
The supervisor should document in writing the facts constituting
reasonable suspicion that the employee in question is impaired on
the job by alcohol or other substance or is otherwise in violation
of any term of this policy.
(2)
Any supervisor requesting an employee to submit to a drug and/or
alcohol analysis shall be responsible for the employee's transport
to the City's designated facility where a drug and/or alcohol analysis
will be performed.
(3)
Any supervisor encountering an employee who refuses to submit
to a drug and/or alcohol analysis upon request shall remind the employee
of the requirements and consequences of this policy. Such continued
refusal will constitute grounds for termination.
(4)
Supervisors shall not physically search employees.
(5)
Supervisors shall notify the Police Department when they have
reasonable suspicion to believe that an employee may have illegal
drugs in his/her possession or in an area not jointly or fully controlled
by the City.
(6)
Supervisors shall not confiscate, without consent, prescription
drugs or medications from an employee.
e.
Results of drug and/or alcohol analysis.
(1)
Upon a negative result, the employee shall return to work.
(2)
If the test result is positive, the employee will then be given
the opportunity, at the employee's expense, to have an additional
test performed on the retained specimen. If the additional test shows
a negative result, it will be assumed that the individual is not in
violation of this policy, and the employee shall return to work. If
negative, the City will reimburse the employee for the expense of
the additional screen.
(3)
If both tests indicate a positive result, the employee's department
head shall have the authority to determine appropriate discipline
including termination, subject to the review or approval by the Mayor
or his/her authorized designee. A single offense may result in immediate
termination of employment.
5.
Pre-employment substance screening and procedure.
a.
Prospective employees will be screened for a range of chemical substances.
Any employment offer is conditional on a negative substance screening.
Refusal to consent to and participate in such testing will automatically
disqualify the applicant from further hiring considerations.
b.
The drug screen may test for any substance which could impair an
employee's ability to effectively and safely perform the functions
of his/her job. The type(s) of screening and the levels of substances
which constitute a positive screen will be determined administratively
after consultation with the City's medical services provider(s).
c.
An applicant whose initial substance screen shows a positive result
will be given the opportunity, at the applicant's expense, to have
an additional screen performed on the retained specimen. If the additional
screen of the same sample shows a negative result, the individual
will not be disqualified from City employment on account of the previous
substance screen. If the additional screen of the same sample confirms
the positive test result, the applicant will be disqualified from
consideration for City employment for twelve (12) months.
6.
Severability. The provisions of this policy are
severable and, if any of its provisions shall be held unconstitutional
or otherwise invalid by any competent jurisdiction, the decision of
such court shall not affect any of the remaining provisions.
B.
Additional Provisions Applicable To Safety-Sensitive Employees. All City employees who perform job duties requiring a commercial
driver's license (CDL) are also subject to the rules of the Federal
Highway Administration (FHA) adopted pursuant to the Omnibus Transportation
Employee Testing Act of 1991. A summary of those rules and the City's
program/policy is as follows:
1.
Employees covered. Beginning January 1, 1996, all
employees of the City who hold commercial driver's licenses (CDL)
and all applicants for positions with assigned duties that require
a CDL are covered by the FHA rules and regulations.
2.
Prohibited alcohol and substance abuse related conduct. Employees required to have a CDL for their position are subject
to the following prohibitions in addition to those defined elsewhere
in the City's policy against substance abuse:
a.
No driver shall report to duty or remain on duty with a blood alcohol
concentration of two hundredths percent (0.02%) or greater;
b.
No driver shall possess or use alcohol, including any medication
with an alcohol component, while on duty or while operating a commercial
motor vehicle;
c.
No driver shall be allowed to drive within four (4) hours of using
alcohol;
d.
A driver involved in an accident that requires an alcohol test may
not use any alcohol until after the test is completed or eight (8)
hours have elapsed;
e.
No driver shall refuse to submit to any required drug or alcohol
test required by post-accident, random, reasonable suspicion or follow-up
testing requirements as defined below.
f.
No driver shall report for duty or remain on duty when using any
controlled substances except those a physician has advised that the
driver may use which will not adversely affect the driver's performance.
3.
Drug/alcohol tests required by this policy. The
City is required to administer the following types of tests for persons
operating commercial motor vehicles:
b.
Post-accident testing. Drivers will be given drug
and alcohol tests within two (2) hours of an accident involving property
damage or bodily injury or an accident when the driver is cited for
a moving traffic violation. In cases of post-accident testing, the
employee will be transported to a medical facility or the City will
request and conduct a breath test at the worksite.
c.
Random testing. Drivers must participate in random
drug and alcohol test pools. The random test rate of the alcohol testing
pool shall be at least twenty-five percent (25%) of the drivers annually
and for the drug testing pool at least fifty percent (50%) of the
drivers annually. The tests will be spread throughout the calendar
year. "Random selection" means that an individual
commercial driver may be selected for alcohol and/or drug testing
several times in one (1) calendar year or not at all.
d.
Reasonable suspicion testing. Drivers are subject
to drug and/or alcohol testing at any time during, immediately prior
to, or immediately after the driver's assigned working hours, when
based upon reasonable suspicion as defined in this policy. In cases
of reasonable suspicion testing, the employee will be transported
to a medical facility or the City will request and conduct a breath
test at the worksite.
e.
Return to duty and follow-up testing. Before a worker
who has violated the prohibited conduct of this policy may return
to work, he/she must take and pass drug and/or alcohol tests. Follow-up
tests are to be given at least six (6) times within the first (1st)
year after the employee returns to duty following completion of a
rehabilitation program.
4.
Testing procedures. 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.
All drug tests shall be done by a National Institute on Drug Abuse
(NIDA) certified laboratory.
a.
Specimen collection. The Personnel Department will
instruct job applicants to report to the testing site. Current employees
will be instructed by the department head where and when to report
for drug and/or alcohol testing. In cases of post-accident or reasonable
suspicion testing, the employee will be transported to a medical facility
or the City will request and conduct a breath test at the worksite.
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 laboratory or the Medical Review
Officer (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.
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.
b.
Nature of tests.
(1)
Drug testing. Drug testing will be performed
on urine samples. The initial test will be done by the Enzyme Immunochemical
Assay Method (EMIT) or a similarly approved testing 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. 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 the
employee's expense. If the second (2nd) test is negative, the test
will be deemed to be negative and the cost of the test for the split
sample will be paid for by the City or reimbursed to the employee
if already paid by the employee. Job applicants do not have the right
to split samples.
(2)
Alcohol testing. Alcohol testing will be done
by using evidential breath testing devices (EBT) approved by the National
Highway Traffic Safety Administration. Two (2) breath tests are required
to determine if a person has a prohibited alcohol concentration. Breath
alcohol testing requires the individual to provide a breath sample.
Should the initial breath sample have a result of two-hundredths percent
(0.02%) blood alcohol content or greater, a confirmation test will
be conducted within twenty (20) minutes using an EBT that prints out
the results, date and time, a sequential number, and the name and
serial number of the EBT to ensure reliability of the results. A positive
test will be reported to the City only if the initial and confirmatory
tests measure a blood alcohol concentration at or above two-hundredths
percent (0.02%) by weight.
c.
Refusal to test. All employees covered by this policy
are required to submit to the alcohol or drug tests as provided herein.
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. Such a refusal is
grounds for immediate termination.
5.
Test results.
a.
Drug tests. The Medical Review Officer (MRO) will
review positive drug test results with the employee before they are
reported to the City to determine if there is a legitimate medical
explanation to account for the laboratory results. The Medical Review
Officer will report to the City whether an employee's drug test was
positive or negative. If positive, the substance(s) 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 if
the employee cannot be reached after reasonable effort by the Medical
Review Officer.
Following a positive test result, the employee will be removed
from his/her safety-sensitive function until, at a minimum, the employee
undergoes evaluation and, when necessary, rehabilitation; after a
substance abuse professional (SAP) determines that the employee has
successfully complied with any required rehabilitation; and after
the employee takes a return-to-duty test with a verified negative
test result.
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.
b.
Alcohol tests. If an alcohol breath test results
in a reading of two-hundredths to thirty-nine hundredths percent (0.02
— 0.39%) blood alcohol content, the individual shall not return
to duty but shall be taken off duty and not returned to work for at
least twenty-four (24) hours. If an alcohol breath test results in
a reading of four-hundredths percent (0.04%) blood alcohol content
or greater, in addition to the above, the employee must meet with
a substance abuse professional (SAP). The SAP will determine what
assistance, if any, the employee needs in resolving problems associated
with alcohol use and when the employee may return to work.
c.
Confidentiality. The results of any positive test
shall be kept confidential from the general City work force and public.
The results may be known to the employee, test facility, the Medical
Review Officer and substance abuse professional and those department
heads necessary. 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.
The Medical Review Officer, substance abuse professional and
the City shall not release the individual test results of any employee
to any unauthorized party without first obtaining written authorization
from the tested individual.
6.
Actions taken in response to test results — refusal
to be tested.
a.
Refusal/what constitutes refusal. 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 immediate termination.
b.
Positive drug test. An employee whose drug test
result is reported to the City as positive shall be immediately referred
to a substance abuse professional for evaluation and may be subject
to disciplinary action up to and including dismissal.
c.
Alcohol test.
(1)
An employee whose breath test results in a reading of two-hundredths
to thirty-nine hundredths percent (0.02 — 0.39%) blood alcohol
content shall be removed from duty and not returned to work for at
least twenty-four (24) 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-hundredths to thirty-nine hundredths percent (0.02
— 0.39%) blood alcohol content shall be referred to a substance
abuse professional for evaluation and may be subject to disciplinary
action up to and including dismissal.
(2)
An employee whose breath test results in a reading of four-hundredths
percent (0.04%) blood alcohol content or greater shall be removed
from duty and not returned to work for at least twenty-four (24) 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.
d.
Subsequent positive test(s). An employee whose
drug test result is reported to the City as positive or whose breath
test result is four-hundredths 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-hundredths percent (0.04%)
blood alcohol content or who has previously been referred to a rehabilitation
program under the provisions of this policy shall be subject to disciplinary
action up to and including dismissal.
e.
Rehabilitation. 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.
7.
City's right to discipline. The above not withstanding,
the City has the right to take immediate disciplinary action for any
violation of this policy, including termination.
8.
Return to work — conditions. An employee who
tests positive for illegal drug/alcohol use cannot return to work
until he/she meets all of the following conditions:
a.
Successfully completes a City approved rehabilitation program as
directed by the substance abuse professional or as required by this
policy;
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 twelve (12) months after reinstatement.
9.
Department heads (or supervisors) have the following specific
duties.
a.
Department heads or their designees 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's Personnel Director.
b.
Whenever drug or alcohol tests are required under this policy, department
heads must produce the driver for those tests, and when current impairment
is reasonably suspected, the department head or designee shall not
allow the employee to drive.
c.
Observations supporting a department head's reasonable suspicion
of drug or alcohol use must be made just before, during or just after
the employee operates a commercial motor vehicle. These observations
must be reduced to writing within twenty-four (24) hours of the observation.
d.
Whenever drug or alcohol tests are required by this policy and the
employee is not tested within eight (8) hours of notice of the need
to test, the department head shall explain in writing why the test
or tests were not performed.
10.
Review of test results. The City will employ a
Medical Review Officer (MRO) to review the drug test results. The
MRO shall be a licensed physician with knowledge of drug abuse disorders.
11.
Return to work — drug test. In order to recommend
return to work after a positive drug test, the MRO shall ensure the
employee has subsequently tested drug free, been evaluated by a rehabilitation
program counselor, and ensure the employee is in compliance with rehabilitation
conditions.
a.
The MRO shall determine whether and when a return to duty recommendation
shall be made for an employee who has failed a drug test or refused
to be tested and shall determine the schedule for return to work drug
testing.
b.
Only the Medical Review Officer may review and interpret each positive
drug test and, after conferring with the employee, report the results
to the City.
12.
Substance abuse professional. The City will also
employ a substance abuse professional (SAP). The SAP shall be a licensed
physician (M.D. or D.O.) or a licensed psychologist, social worker,
employee assistance professional or an addiction counselor (certified
by MHADACCC) with knowledge of and clinical experience in the diagnosis
and treatment of alcohol-related disorders.
13.
Return to work — alcohol test.
a.
In order to recommend return to work after an alcohol test which
indicates a blood alcohol content greater than four-hundredths percent
(0.04%), the SAP must first evaluate the employee to determine whether
the employee has an alcohol problem.
b.
If it is determined by the SAP that an employee has an alcohol problem
which requires assistance, the employee shall be subject to counseling,
treatment and follow-up alcohol testing as directed by the SAP. Follow-up
testing shall only occur just before, during or just after the employee
operates a commercial motor vehicle.
14.
Consequences. Besides the penalties set out by the
City for violations of this policy, the following consequences are
required by FHA rules:
a.
No driver may drive if he/she has 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-hundredths
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-hundredths
percent (0.02%) and less than four-hundredths 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 dollar ($1.00) and twenty-five thousand
dollars ($25,000.00) for each offense or up to one (1) year imprisonment
for each offense.
15.
Prior testing histories. All applicants for or
seeking a transfer to a safety-sensitive position shall be required
to provide information on any prior testing as required by applicable
Federal law.
