[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:
ALCOHOL OR ALCOHOLIC BEVERAGE
Any liquid that has an alcoholic content of or in excess of three percent (3%) by volume.
DRUG
Any substance (other than alcohol) capable of altering the mood, perception, pain level or judgment of the individual consuming it.
ILLEGAL DRUG
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.
POSITIVE DRUG TEST
A positive identification of a drug or metabolite that has been confirmed by scientific laboratory tests.
PRESCRIBED DRUG
Any substance prescribed for the individual consuming it by a licensed medical practitioner.
REASONABLE SUSPICION
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:
a. 
Dangers of alcohol and drug abuse;
b. 
City's Substance and Alcohol Abuse Policy;
c. 
Availability of treatment and counseling for employees who voluntarily seek such assistance;
d. 
Sanctions the City will impose for violations of its Substance and Alcohol Abuse Policy.
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:
1. 
The procedure for confirming an initial positive test result;
2. 
The consequences of a confirmed positive test result;
3. 
The right to explain a confirmed positive test result and the appeal procedures available; and
4. 
The consequences of refusing to undergo a drug and/or alcohol test.
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:
a. 
The employee's supervisor had reasonable suspicion to believe that the employee was under the influence of drugs and/or alcohol while on the job; and
b. 
The employee's positive drug and/or alcohol test results are accurate.
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.
1. 
Alcohol.
2. 
Anabolic steroids.
3. 
Amphetamines/methamphetamines.
4. 
Barbiturates.
5. 
Benzodiazapines.
6. 
Cannabinoids.
7. 
Cocaine.
8. 
Heroin.
9. 
Methadone.
10. 
Methaqualone.
11. 
Opiates.
12. 
Phencyclidine (PCP).
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.