[Ord. No. 3855 §1(23.600), 10-21-1996]
In compliance with the Drug Free Workplace Act of 1988 (Public
Law 100-690, Title V, Subtitle D), the City of Dexter has adopted
the following policy prohibiting the unlawful manufacture, distribution,
possession, use or consumption of a controlled substance or alcoholic
beverage by City employees in the workplace. The City has an obligation
to take reasonable steps to assure safety in the workplace, safety
and quality in the services it provides, productivity from its employees
and, further, desires to promote good health and minimize accidents
and absenteeism among employees. In order to maintain a workforce
free of substance and alcohol abuse, it is the policy of the City
of Dexter not to hire or to continue the employment of any individual
whose job performance is impaired by the use of any drugs or alcohol.
[Ord. No. 3855 §2(23.610), 10-21-1996]
As used in this Article, the following terms shall have these
prescribed meanings:
Any liquid that has an alcoholic content of or in excess
of three percent (3%) by volume.
Any substance (other than alcohol) capable of altering the
mood, perception, pain level or judgment of the individual consuming
it.
Any drug or controlled substance including, but not limited
to, substances controlled or prohibited by Federal or State law, the
sale or possession of which is illegal.
A positive identification of a drug or metabolite that has
been confirmed by scientific laboratory tests.
Any substance prescribed for the individual consuming it
by a licensed medical practitioner.
Any articulatable belief based on specific facts and reasonable
inferences drawn from those facts that an employee is under the influence
of drugs or alcohol.
[Ord. No. 3855 §3(23.620), 10-21-1996]
A.
To ensure
safety and good health among employees, all personnel must report
to work in a fit condition. The following situations are strictly
prohibited and violation of such prohibitions by an employee is considered
conduct detrimental to City service and will result in discipline
in accordance with procedures established by the personnel rules and
regulations or other regulations, up to and including termination
of employment:
1.
Reporting
to work or performing work for the City while impaired by or under
the influence of illegal drugs and/or alcohol;
2.
The
illegal use, possession, dispensation, distribution, manufacture,
sale or consumption of a controlled substance or alcohol by an employee
at the worksite, during work hours or while the employee is on duty,
official business or standby duty;
3.
Prescription
drugs used on duty in a manner, combination and/or quantity not as
prescribed by a licensed physician or the use of such prescription
drugs which results in an act or acts to the detriment of the City
including, but not limited to, excessive absenteeism, tardiness, on-duty
accidents or poor work and the act does not warrant termination, may
be referred for counseling or to a treatment program. Appropriate
disciplinary action may also be administered, up to and including
termination of employment.
[Ord. No. 3855 §4(23.630), 10-21-1996]
A.
Employees
are required to notify the department head and Mayor or City Administrator
within five (5) days of any criminal drug Statute conviction where
such conviction was due to an occurrence at the worksite, during work
hours or while on duty, official business or standby duty.
1.
An employee
who is convicted of violating any criminal drug Statute in such workplace
situations as stated above will be subject to discipline in accordance
with the procedures established by the personnel rules and regulations
or other regulations, up to and including termination of employment.
2.
A "conviction" means a plea or finding of guilt (including
a plea of nolo contendere) or the imposition of a sentence by a judge
or jury in any Federal or State court.
B.
The City
shall, in turn, report any such criminal drug Statute convictions
as stated above of its employees, if engaged in the performance of
a Federal grant or contract, to Federal agencies from which grants
or contracts are received within ten (10) days after receiving notice
from the employee or otherwise receives actual notice of such conviction.
C.
Employees
will be given a copy of the Substance and Alcohol Abuse Policy and
will be informed that they must abide by the terms of the policy as
a condition of employment and of the consequences of any violation
of such policy. The Substance and Alcohol Abuse Policy Affirmation
Form is optional for current employees to read and sign, although
the form may be used as a means to notify current employees and provide
them with a copy of the policy. The Substance and Alcohol Abuse Policy
Affirmation Form is mandatory for all new employees hired or appointed
on or after the effective date of this policy and notification of
this policy is required as part of new employee orientation.
D.
Employee Assistance Program.
1.
An Employee
Assistance Program will be available to City employees and their families
for substance abuse education, counseling or rehabilitation. The City
of Dexter encourages voluntary treatment for substance abuse. Use
of the Employee Assistance Program is governed by the personnel rules
and regulations or other regulations.
2.
The
City shall strive to educate employees about the dangers of substance
abuse and for that purpose shall establish a Substance Awareness Program
to assist employees to understand and avoid the perils of drug and
alcohol abuse. The City shall use the program in an ongoing educational
effort to prevent and eliminate substance abuse that may affect the
City workforce.
3.
The
Substance Abuse Awareness Program shall contain provisions to inform
employees about:
E.
Any employee
whose use of alcohol, prescription drugs and/or illegal drugs results
in an act or acts to the detriment of the City, including, but not
limited to, excessive absenteeism, tardiness, on-duty accidents or
poor work and the act does not warrant termination, although disciplinary
action may be administered, may be referred to a treatment program.
F.
Right To Search. When the Mayor or the Mayor's agent or
City Administrator and a supervisor have any reason to believe that
an employee is violating this policy, the Mayor (or agent) or City
Administrator and one (1) supervisor may search the work area of the
employee or any City property that is generally used by the employee.
G.
Consent. Before a drug and/or alcohol test is administered,
employees and job applicants will be asked to sign a consent form
authorizing the test and permitting release of test results to those
City Officials with a need to know. The consent form shall provide
space for employees and applicants to acknowledge that they have been
notified of the City's drug and/or alcohol testing policy and to indicate
current or recent use of prescription or over-the-counter medication.
The consent form shall also set forth the following information:
H.
Pre-Employment Testing. As a condition of employment, each
applicant for employment as a full-time, temporary or seasonal employee
whose position requires a commercial driver's license (CDL) and/or
the operation of mechanical tools or equipment shall be required to
submit to a pre-employment drug test. Refusal to sign a consent form
or receiving a positive drug test result will exclude an applicant
from further consideration.
I.
Current Employee Testing.
1.
Effective
October 21, 1996, all sworn personnel and all employees required to
possess a valid commercial driver's license (CDL) or whose duties
include the operation of mechanical tools or equipment are subject
to random drug and alcohol testing. Where applicable, these tests
will be conducted in accordance with the standards and requirements
established by the U.S. Department of Transportation.
2.
The
City may require any current employee to undergo drug and/or alcohol
testing if there is reasonable suspicion that the employee is under
the influence of drugs and/or alcohol during working hours. Circumstances
that constitute a basis for "reasonable suspicion" may include, but
are not limited to:
a.
A
pattern of abnormal or erratic behavior;
b.
Information
provided by a reliable and credible source;
c.
A
work-related accident;
d.
Direct
observation of drug and/or alcohol use;
e.
Presence
of the physical symptoms of drug and/or alcohol use (i.e., glassy
or bloodshot eyes, liquor odor on breath, slurred speech, poor coordination
and/or reflexes).
3.
Refusal
by a current employee to consent to a drug and/or alcohol test when
reasonable suspicion of drug and/or alcohol use has been identified
is subject to disciplinary action, up to and including termination.
The reason(s) for the refusal shall be considered in determining the
appropriate disciplinary action.
J.
Confirmation Of Test Results.
1.
An employee
or job applicant whose drug test yields a positive result shall be
given a second (2nd) test using a gas chromatography/mass spectrometry
(GC/MS) test. The second (2nd) test shall use a portion of the same
test sample withdrawn from the employee or applicant for use in the
first (1st) test.
2.
If the
second (2nd) test confirms the positive test result, the employee
or applicant shall be notified of the results in writing by the appropriate
department head or designee. The letter of notification shall identify
the particular substance found and its concentration level.
3.
An employee
or applicant whose second (2nd) test confirms the original positive
test results may, at the employee's or applicant's own expense, have
a third (3rd) test conducted on the same sample at a laboratory mutually
selected by the City and the employee or applicant.
K.
Consequences Of A Confirmed Positive Test Result.
1.
Applicants. Job applicants will be denied employment with
the City if their initial positive test results have been confirmed.
Applicants shall be informed in writing if they are rejected on the
basis of a confirmed positive drug and/or alcohol test result.
2.
Employees. If an employee's positive test result has been
confirmed, the employee is subject to disciplinary action, up to and
including termination. Factors to be considered in determining the
appropriate disciplinary response include the employee's work history,
length of employment, current job performance and the existence of
past disciplinary actions.
3.
No disciplinary
action may be taken against employees who voluntarily identify themselves
as drug and/or alcohol users, obtain an assessment, complete an approved
treatment program and thereafter refrain from violating the City's
policy on drug and/or alcohol abuse.
L.
Right To A Hearing.
1.
If an
employee's positive test result has been confirmed, the employee is
entitled to a hearing before any disciplinary action may be taken
by the City. The employee must make a written request for a hearing
to his/her department head within three (3) days of receipt by the
employee of the confirmation test results. The hearing shall be conducted
by the Mayor or City Administrator. Employees may be represented by
legal counsel, present evidence and witnesses on their behalf and
confront and cross-examine the evidence and witnesses used against
them.
2.
No adverse
personnel action may be taken against an employee based on a confirmed
positive drug and/or alcohol test result unless the Mayor or City
Administrator finds a preponderance of the evidence that:
3.
Within
ten (10) working days following the close of the hearing, the Mayor
or City Administrator shall issue a written decision and a brief summary
of the facts and evidence supporting that decision.
M.
Confidentiality Of Test Results. All information from an
employee's or applicant's drug and/or alcohol test is confidential
and only those with a need to know are to be informed of test results.
Disclosure of test results to any other person, agency or organization
is prohibited unless written authorization is obtained from the employee
or applicant. The results of a positive drug and/or alcohol test shall
not be released until the results are confirmed and reviewed by the
Mayor or City Administrator.
N.
Self-Referral For Drug And Alcohol Treatment.
1.
An employee
who has developed an addiction to, dependence upon or problem with
alcohol and/or drugs is encouraged to voluntarily contact the Employee
Assistance Program for assistance. The EAP is confidential in nature
and will not notify the City when an employee chooses to correct a
drug and/or alcohol problem through self-referral.
2.
Self-referral
to a treatment program may not be used as a defense against a subsequent
supervisory referral for a drug and/or alcohol test or from disciplinary
action resulting from unacceptable job performance.
O.
Laboratory Testing Requirements. All drug and alcohol testing
of employees and applicants shall be conducted at medical facilities
or laboratories selected by the Mayor or City Administrator. Factors
to be considered by the Mayor or City Administrator in selecting a
testing facility include:
1.
Testing
procedures that ensure privacy to employees and applicants consistent
with prevention of tampering;
2.
Methods
of analysis that ensure reliable test results, including the use of
gas chromatography/ mass spectrometry to confirm initial positive
test results;
3.
Chain-of-custody
procedures that ensure proper identification, labeling and handling
of test samples; and
4.
Retention
and storage procedures that ensure reliable results on confirmatory
tests of original samples.
P.
Screening. It is the intent of the drug testing program
to screen and conduct confirmatory tests for those chemicals that
are most frequently abused including, but not limited to, the following
list. All testing shall be at the City's expense.
Q.
Applicability. The Substance and Alcohol Abuse Policy shall
apply to all City departments. The term "employees", as used in this policy, means all full-time and part-time City
employees. This Policy shall not be construed to prohibit or limit
a drug screening program for safety-sensitive positions authorized
by Federal law and related administrative regulations and policies.
