Editor's Note: Former Ch. 135, Personnel Policy, as adopted
and amended by Ord. No. 796 §§1 — 6, 6-8-2004;
Ord. No. 880 §1, 12-11-2006; Ord. No. 928 §1, 9-8-2008;
Ord. No. 953 §1, 11-9-2009; Ord. No. 969 §1, 6-14-2010;
Ord. No. 1003 §1, 6-13-2011; Ord. No. 1023 §1, 1-9-2012;
Ord. No. 1045 §1, 1-13-2012; Res./Ord. No. 12-020, 12-10-2012;
was repealed 12-9-2013 by Ord. No. 1065 §§1 — 2.
Sections 1 — 2 of this ordinance also provided for
the adoption of a new Personnel Policy Manual, a copy of which, and
any amendments thereto, shall be kept on file in the office of the
City Clerk, where it will be available for viewing by the public upon
request.
[Ord. No. 1066 §2, 12-9-2013]
A.
It is the policy of the City of New Haven, Missouri, 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[1] and the Omnibus Transportation Employee Testing Act of
1991. It is also the policy of the City of New Haven to provide healthy,
satisfying working environments for its employees.
[1]
Editor's Note: See 41 U.S.C. § 8101 et seq.
B.
To meet these goals, it is the policy of the City of New Haven 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 free 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.
[Ord. No. 1066 §2, 12-9-2013]
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 workplace alcohol and 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. 1066 §2, 12-9-2013]
This policy applies to all regular full-time and part-time employees
of the City. The policy does not apply to seasonal workers unless
they are considered safety-sensitive as defined in Federal regulation.
This policy specifically applies to 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, public works, parks and recreation grounds employees
and City Hall administrative and clerical staff.
[Ord. No. 1066 §2, 12-9-2013]
For the purposes of this Section, the following terms shall
be deemed to have the meaning indicated below:
As defined in the Statutes requiring commercial driver's
license.
Any failure to immediately report to the test site to participate
in the required testing under this policy.
[Ord. No. 1066 §2, 12-9-2013]
A.
Unless otherwise designated by the Board of Aldermen in writing,
the City Administrator 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 Hall offices of the City.
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. 1066 §2, 12-9-2013]
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:
1.
While consuming alcohol;
2.
While having a blood alcohol concentration of two-hundredths (0.02)
or greater;
3.
Within eight (8) 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 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 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. 1066 §2, 12-9-2013]
A.
Employees subject to this policy shall be subject to controlled substance
and alcohol testing, including the following types of tests: Preemployment
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.
Preemployment testing. Preemployment urine 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 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 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 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. Follow-up testing of employees
returning to work shall be required for employees to submit to frequent
unannounced random urine drug and breath alcohol testing for 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.
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 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-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 49 CFR Part 40.
[Ord. No. 1066 §2, 12-9-2013]
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 flow 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 flow 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 flow.
[Ord. No. 1066 §2, 12-9-2013]
A.
Alcohol. 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. 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 tests with a
blood alcohol concentration of four-hundredths (.04) or greater shall
be immediately removed from work-related activity; and the employee
shall not be permitted to resume work until the employee is:
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 United States Department of Health and Human Services for the
following controlled substances:
2.
The testing for controlled substances is a two-stage process. First
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 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:
C.
Employment Assessment.
1.
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 such employee
who tests positive to determine what assistance, if any, the employee
needs in resolving problems associated with the controlled substance
or alcohol.
2.
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 provides guidance to the discipline that
may be imposed, unless otherwise stated in this policy.
D.
Rehabilitation Effort.
1.
Any employee who is determined to be in need of assistance for a
controlled substance or alcohol-related problem under this policy
by the 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.
2.
Rehabilitation assistance may only be granted to an employee once
while employed by 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.
3.
The rehabilitation contract shall include the following terms and
conditions to be adhered to by the employee who is granted rehabilitation
assistance:
a.
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;
b.
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;
c.
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;
d.
The employee agrees to unannounced testing for City-determined periods
of time subsequent to the employee's return-to-work consistent
with this policy;
e.
The employee agrees to submit to return to work testing demonstrating
that the employee is negative under controlled substance and/or alcohol
testing standards; and
f.
The employee agrees that any future controlled substance or alcohol
violations shall be considered as a resignation of the employee from
service without recourse.
E.
Contractual Support Professionals.
1.
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.
2.
The City shall engage the services of an independent contractor to
serve the City as the 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.
3.
The City shall appoint a SAP for the providing of services under
this policy and in compliance with the Federal regulations.
[Ord. No. 1066 §2, 12-9-2013]
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 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 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 recordkeeping.
The training may include other components that the policy administrator,
the MRO and/or the SAP believe can enhance the program administration
and awareness of problems and treatment related to alcohol and controlled
substance abuse. The training may also provide components related
to 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. 1066 §2, 12-9-2013]
A.
All records developed and/or acquired pursuant to this policy shall
be maintained under strict confidentiality by the City, the testing
laboratory, the MRO and the SAP, 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. 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 without recourse.
[Ord. No. 1066 §2, 12-9-2013]
Unless otherwise specified in this policy, the City policies
related to disciplinary action shall be followed when imposing discipline
for violation of this policy. 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.
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. 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.
[Ord. No. 1066 §2, 12-9-2013]
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, 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. 1066 §2, 12-9-2013]
Every employee engaged in the performance of any work connected
with a Federal grant shall be provided with a copy of the following:
"As an employee engaged in the performance of any work for the
City of New Haven, Missouri, you are hereby provided a copy of the
City's drug-free workplace policy (attached). As a condition
of the law, you are required to abide by the terms of the policy.
Further, you must notify the City of New Haven, Missouri, in writing
of any criminal drug statute conviction for a violation occurring
in the workplace no later than five (5) days after such conviction.
Within thirty (30) days of receiving such notice, the City of New
Haven, Missouri, will take personnel action or require mandatory rehabilitation
program participation at its sole discretion."
