[Ord. No. 910 §1, 6-13-1996]
A. It is
the policy of the City of Mound City to provide safe, dependable and
economical services 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 Mound City to provide healthy, satisfying,
working environments for its employees.
B. To meet
these goals, it is the policy of the City of Mound 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 work
place environment free from the adverse effects of alcohol and controlled
substance abuse or misuse; to prohibit 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. 910 §1, 6-13-1996]
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 acts. These acts mandate urine drug
testing and breathalyzer alcohol tests for safety-sensitive positions
and prevent performance of safety-sensitive functions when there is
a positive test result. The Federal law also establishes 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. 910 §1, 6-13-1996]
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 CDL license for the operation of a commercial vehicle
and all law enforcement personnel.
[Ord. No. 910 §1, 6-13-1996]
As used in this Chapter, the following terms shall have these
prescribed meanings:
DELAY
Any failure to immediately report to the test site to participate
in the required testing under this policy.
[Ord. No. 910 §1, 6-13-1996]
A. Unless
otherwise designated by the Mayor of the City of Mound City in writing,
the Mayor shall be designated as the Controlled Substance and Alcohol
Policy Administrator for the City of Mound City. Any inquiries concerning
this policy, its application, its administration or its interpretation
shall be made to the Policy Administrator.
B. The City
of Mound City shall designate a position to be identified to the public
and to employees whose incumbent is the primary person responsible
for implementation and administration of this policy under the supervision
of the Mayor, if the person is not the chief administrator of the
jurisdiction.
C. 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 office of the City Clerk of the City of Mound City.
Individuals who are applying for positions with the City of Mound
City and affected employees shall be notified of the positions that
are covered by this policy.
D. 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. 910 §1, 6-13-1996]
A. An employee
is prohibited from the operation of a commercial motor vehicle and/or
from engaging in any work-related functions for alcohol-related conduct:
2. While
having a blood alcohol concentration of two-hundredths percent (0.02%)
or greater;
3. Within
four (4) hours of consuming alcohol;
4. After
refusing to submit to an alcohol test; and
5. From
consuming alcohol within eight (8) hours after an accident as specified
in this policy.
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
or who fails to report such a 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 CDL and who
loses the CDL for a violation of or as a consequence of the law 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 report shall be cause for disciplinary action up to and including
termination from service.
F. Any employee
who is consuming a prescribed or authorized controlled substance or
other substance of any kind whose side effects 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 shall be cause for disciplinary action up to and
including termination from service.
[Ord. No. 910 §1, 6-13-1996]
A. Employees
subject to this policy shall be subject to controlled substances and
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.
1. 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 function and the failure of a controlled
substance or alcohol test disqualifies and 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 alcohol tests shall be required prior to further consideration
for any employment including reports from prior employers by an employee's
written authorization.
2. Reasonable suspicion testing.
a. Reasonable
suspicion testing shall be used to determine fitness for duty evaluations,
including appropriate urine and/or breath 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 for
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.
b. Reasonable
suspicion testing shall be required and completed whenever possible
within two (2) hours of the observation, but in any case no later
than before eight (8) hours after the observation for breath alcohol
testing and thirty-two (32) hours for controlled substance testing.
3. Post-accident testing.
a. 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 or 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 the employee(s).
b. 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
before 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 refrain from alcohol consumption for
eight (8) hours following the accident.
4. 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.
5. 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. To return to work, the employee must test negative
and be evaluated and released to return to work by a SAP before being
permitted to return to work.
6. Follow-up testing.
a. Follow-up
testing shall be required for employees returning to work. Employees
returning to work shall be required for employees to submit to frequent
unannounced random urine drug and breath alcohol testing no less than
six (6) times in the following twelve (12) months after returning
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.
b. Any
employee who questions the results of a required urine drug test under
this policy may request that an 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 (2nd) test invalidates the original
test. An employee's request for a retest must be made to the 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.
c. The
method of collecting, storing and testing the split sample required
under this policy shall be consistent with the procedures established
in 40 CFR Part 40.
7. Failure to test.
a. 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 follow related to positive testing.
b. 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 follow related to positive testing. Failure to provide
a sufficient sample or for providing an adulterated sample shall be
considered as a refusal to test and shall subject the employee to
all of the consequences that follow.
[Ord. No. 910 §1, 6-13-1996]
A. Alcohol.
1. Federal
regulations require breath testing to be done on evidential breath
testing devices approved by the National Highway Safety Administration.
An initial screening test is conducted first (1st). 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 (2nd) 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.
2. 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
is:
b. Complies
with the rehabilitation contract if such is required; and
c. Has
tested negative in a follow-up test.
B. Controlled Substances.
1. 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:
d. Opiates
(including heroin)
2. The
testing for controlled substances is a two (2) stage process. First
(1st) a screening test is conducted. If the test is positive for one
(1) 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.
3. Any
employee who tests positive on the confirmatory test shall be interviewed
by the City of Mound City 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 is:
b. Complies
with the rehabilitation contract if such is required;
c. Has
tested negative in a follow-up test.
[Ord. No. 910 §1, 6-13-1996]
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 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 any employee from disciplinary action or
guarantee continued employment or reinstatement by the City of Mound
City. The City of Mound City disciplinary policy provides guidance
to the discipline that may be imposed unless otherwise stated in this
policy.
[Ord. No. 910 §1, 6-13-1996]
A. The City
of Mound 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 of Mound City may contract for the required alcohol testing
or may perform the testing using qualified personnel who utilize appropriate
testing equipment.
B. The City
of Mound City shall engage the services of an independent contractor
to serve the City of Mound City as the MRO, properly credentialed
and trained in compliance with the Federal regulations, who shall
not be an employee of the City of Mound City. The MRO shall, as a
part of the engagement contract, maintain all relevant records and
provide the required reports that the City of Mound City needs to
comply with the Federal reporting requirements.
C. The City
of Mound City shall appoint a SAP for the providing of services under
this policy and in compliance with the Federal regulations.
[Ord. No. 910 §1, 6-13-1996]
A. The City
of Mound City shall provide all employees with a copy of this policy
and materials related to the effects of the uses and/or abuse of alcohol
and controlled substances. The City of Mound City shall also provide
information to employees regarding treatment and rehabilitation available.
Employees shall be required to confirm receipt of this policy and
any revisions and of the educational materials in writing noting the
date of receipt and acknowledgment by signature witnessed by the supervisor
providing the materials.
B. The City
of Mound 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
substances 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 recordkeeping.
[Ord. No. 910 §1, 6-13-1996]
A. All records
developed and/or acquired pursuant to this policy shall be maintained
under strict confidentiality by the City of Mound City, the testing
laboratory, the MRO and SAP, when and as applicable. The records shall
be maintained separately from other personnel records kept by the
City of Mound City and shall be kept in a secured location with other
medical records. Materials 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 to matters initiated
by an employee.
B. Any person
who breaches the confidentiality provisions of this policy shall be
subject to immediate termination from employment and/or from any contractual
relationship with the City of Mound City without recourse.
[Ord. No. 910 §1, 6-13-1996]
A. Unless
otherwise specified in this policy, the City of Mound City policies
related to disciplinary action shall be followed when imposing discipline
for violation of this policy.
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 shall 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 violation of the City of Mound City policy
or State and Federal laws or as provided in the Workers' Compensation
laws.
[Ord. No. 910 §1, 6-13-1996]
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
of Mound City. In the case of apparent conflicts between this policy,
other policies and 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(s) 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 to bring it into compliance with relevant laws.
[Ord. No. 910 §1, 6-13-1996]
This policy is subject to amendment by the City of Mound City
from time to time. Amendments that are made shall be provided to employees
upon adoption and shall become effective as provided by the Policy
Administrator.
[Ord. No. 662 §§1 —
2, 2-3-1971; Ord. No.
952 §§1 — 5, 6-10-1999; Ord. No. 1077 §§1 —
2, 10-5-2006]
A. The City
of Mound City is a "political subdivision" as defined
in Sections 70.600 through 70.670, RSMo., and hereby elects to have
covered by the Missouri Local Government Employees' Retirement System
all of its eligible present and future general employees excepting
Policemen and firemen.
B. The City
of Mound City hereby elects that one hundred percent (100%) of prior
employment be considered for prior service credit in computing benefits
and contributions to the system.
C. The City
of Mound City hereby elects to adopt no change in the contributions
from covered employees, keeping the requirement of four percent (4%)
of gross salary and wages as contributions from covered employees
in accordance with the provisions of Sections 70.705 and 70.730, RSMo.,
as amended.
D. The City
of Mound City hereby elects to adopt no change in the method of determining
a member employee's final average salary, changing to a thirty-six
(36) consecutive-month period for determining a member employee's
final average salary in accordance with Sections 70.600 and 70.656,
RSMo., as amended.
E. The City
of Mound City hereby elects to adopt a change in the Benefit Program
of member employees, changing to Benefit Program L-6 (2.00%) in accordance
with Section 70.655, RSMo.
F. The City
of Mound City hereby elects to adopt no change in the Retirement Age
Provision of covered employees, keeping member employees Option of
Retirement upon attaining minimum service retirement age in accordance
with Sections 70.600, 70.645 and 70.646, RSMo.
G. The City
Clerk shall certify this election to the Missouri Local Government
Employees' Retirement System within ten (10) days hereof.