[Ord. No. 2017 §§1 —
2, 1-10-2006]
A. It
is the policy of the City of Eldon 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.
B. To
meet these goals, it is the policy of the 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 workplace environment
free from the adverse effects of alcohol and controlled substances
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. 2017 §§1 —
2, 1-10-2006]
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 controlled substance abuse programs
mandated under the above-noted acts. The Federal law has also established
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. 2017 §§1 —
2, 1-10-2006]
This policy applies to all employees. Some employees 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, emergency services personnel and other safety-sensitive
positions in the City.
[Ord. No. 2017 §§1 —
2, 1-10-2006]
As used in this Article, 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. 2017 §§1 —
2, 1-10-2006]
A. Unless
otherwise designated by the City Administrator in writing, the City
Administrator shall be designated as the Controlled Substance and
Alcohol Policy Administrator for the City of Eldon. Any inquiries
concerning this policy, its application, its administration or its
interpretation shall be made to the Policy Administrator.
B. The
City Administrator 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 City Administrator, if the person is not the
chief administrator of the jurisdiction.
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. 2017 §§1 —
2, 1-10-2006]
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 having a blood alcohol concentration of two-hundredths (0.02)
or greater;
2. After refusing to submit to an alcohol test; and
3. 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.
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. 2017 §§1 —
2, 1-10-2006]
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. Testing of all current employees
will be conducted upon implementation of this policy.
B. 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 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.
C. Reasonable Suspicion Testing.
1. 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.
2. 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.
D. Post-Accident Testing.
1. Post-accident testing shall be required to test employees after a
vehicular accident has occurred. Testing shall include both breath
alcohol and urine drug testing of the employee(s).
2. 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.
E. 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.
F. 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.
G. Follow-Up Testing.
1. 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.
2. 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.
3. 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.
H. Failure To Test.
1. 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.
2. 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 related to positive testing.
[Ord. No. 2017 §§1 —
2, 1-10-2006]
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 (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.
B. 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:
2. Complies with the rehabilitation contract if such is required, and
3. Has tested negative in a follow-up test.
C. Controlled Substances. 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:
1. Marijuana (THC metabolite).
4. Opiates (including heroin).
D. The
testing for controlled substances is a gas chromatography/mass spectrometry
(GC/MS) analysis.
E. Any
employee who tests positive on the confirmatory test shall be interviewed
by the City of Eldon 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:
2. Complies with the rehabilitation contract if such is required, and
3. Has tested negative in a follow-up test.
[Ord. No. 2017 §§1 —
2, 1-10-2006]
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 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.
[Ord. No. 2017 §§1 —
2, 1-10-2006]
A. 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 of Eldon.
B. 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.
C. The
rehabilitation contract shall include the following terms and conditions
to be adhered to by the employee who is granted rehabilitation assistance:
1. 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; and
2. 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; and
3. 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; and
4. The employee agrees to unannounced random testing for the City determined
periods of time subsequent to the employee's return to work consistent
with this policy; and
5. The employee agrees to submit to return to work testing demonstrating
that the employee is negative under controlled substance and/or alcohol
tests standards; and
6. The employee agrees that any future controlled substance or alcohol
violations shall be considered as a resignation of the employee from
service without recourse.
[Ord. No. 2017 §§1 —
2, 1-10-2006]
A. 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 of Eldon Police Department personnel
who utilize appropriate testing equipment.
B. 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 (insert
jurisdiction type) needs to comply with the Federal reporting requirements.
C. The
City shall appoint a SAP for the providing of services under this
policy and in compliance with the Federal regulations.
[Ord. No. 2017 §§1 —
2, 1-10-2006]
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 acknowledgement
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
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 record
keeping. 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 use. 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. 2017 §§1 —
2, 1-10-2006]
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 (insert jurisdiction type) without
recourse.
[Ord. No. 2017 §§1 —
2, 1-10-2006]
A. Unless
otherwise specified in this policy, the 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 City policy or State and Federal
laws or as provided in the Workers' Compensation laws.
[Ord. No. 2017 §§1 —
2, 1-10-2006]
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. 2017 §§1 —
2, 1-10-2006]
This policy is subject to amendment by the 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.