[Ord. No. 534 §I, 3-8-1993; Ord. No. 08-2019, 4-1-2019]
A.
The City of Herculaneum, in a positive effort to provide a healthy
and safe work environment for all of its employees and the citizens
of the community, is instituting a substance abuse policy.
B.
Employees have a right to work in a drug- and alcohol-free environment
and to work with persons free from the effects of drug and alcohol
use and abuse. Employees who abuse drugs or alcohol are a danger to
themselves, other employees, and the public. In addition, substance
abuse can inflict a terrible toll on the City's productive resources
and the health and well-being of the City of Herculaneum's employees
and their families.
C.
No employee may have, while on duty, in the employee's possession,
or on any property owned or controlled by the City, any illegal drug
as set forth in the Drug Free Work Place Act of 1988 and the Omnibus
Transportation Employee Testing Act of 1991. No employee shall, while
on duty, be under the influence of alcohol or illegal drugs. The City
makes no exception to this rule for medical marijuana in any amount
as set forth in Article XIV, Section 7(1)(d) of the Missouri Constitution.
Violation of this policy may result in immediate discipline, suspension
or termination, or the employee may be required to participate in
a substance abuse program chosen by the City.
[Ord. No. 534 §II, 3-8-1993; Ord. No. 08-2019, 4-1-2019]
A.
Reporting to work or performing work for the City while impaired
by or under the influence of illegal drugs, medical marijuana or alcohol
is prohibited.
B.
Reporting to work or performing work for the City while impaired
by or under the influence of prescription drugs, including medical
marijuana, which have been used in a manner, quantity, or combination
other than prescribed is prohibited.
C.
The illegal use, possession, dispensation, distribution, manufacture
or sale of a controlled substance by an employee at the worksite,
during work hours, or while the employee is on duty, official business
or standby duty is prohibited.
D.
Violation of such prohibitions by an employee is considered conduct
detrimental to City service and will result in discipline by the Board
of Aldermen at its discretion, including but not limited to dismissal.
E.
Employees are required to notify the Mayor or Board of Aldermen 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 by the Board of Aldermen at its discretion, including
but not limited to dismissal.
2.
A "conviction" means a finding of guilt (including a plea or
nolo contendere), or the imposition of a sentence by a judge or jury,
in any Federal or State court.
[Ord. No. 534 §III, 3-8-1993]
All current and future employees of the City of Herculaneum
will be notified in writing of the substance abuse policy adopted
by the City. All employees will be required to sign an acknowledgement
that they have read and understand the notification of the substance
abuse policy. This notification shall thoroughly and clearly explain
the policies of the City with regard to substance abuse. The policies
set forth herein are in force immediately upon such notification of
the employees of the City.
[Ord. No. 534 §IV, 3-8-1993; Ord.
No. 01-008 §§1 — 3, 6-12-2001]
A.
Methods.
1.
The Board of Aldermen shall designate the physician, health care
institution, clinic and/or laboratory to carry out the provisions
of such analysis, as well as the date and time of day the analysis
shall be carried out. The City shall be responsible for the expenses
incurred in carrying out the analysis, but not for the expenses incurred
by employee challenges to the initial analysis.
2.
Each employee to be tested shall: Cooperate fully; execute and complete
truthfully such documents and releases as may be required by the physician,
health care institution, clinic and/or laboratory; and authorize a
written report of the results and/or relevant records and testimony
to be submitted to the City.
3.
Drugs to be tested are as follows:
|
|
Drug Class
|
Screening Cut-Off Limit
(ng/ml)
|
Confirmation Cut-Off Limit
(na/ml)
|
|---|---|---|---|
|
|
Amphetamines
|
1000*
|
500*
|
|
|
Barbiturates
|
300
|
200
|
|
Benzodiadepine
|
300
|
300
| |
|
Benzoylecgonine (Cocaine Metabolite)
|
300*
|
150*
| |
|
Canabinoids (THC)
|
100*
|
15*
| |
|
Methadone
|
300
|
300
| |
|
Methaqualone
|
300
|
100
| |
|
Opiates
|
300*
|
300*
| |
|
Phencyclidine (PCP)
|
25*
|
25*
| |
|
Propoxyphene (Darvecet)
|
300
| ||
|
Alcohol
|
Will conform to State of Missouri Driving Intoxication levels
| ||
|
* Cut-off limits established by the Department of Health and
Human Services in their mandatory guidelines for Federal Workplace
Drug Testing Programs.
|
4.
Test methodology. A preliminary screening test will
be performed, and upon a positive finding with the screen test, the
sample will be confirmed by the use of a more reliable testing method.
5.
Specimen collection procedures. Collection will
be unwitnessed but will be temperature tested for authenticity. The
employee will observe the specimen sealed in a tamper proof sealed
container, with container signed for and dated by collection site
personnel.
B.
Pre-Employment Drug Screening.
1.
As a condition of employment, each applicant for employment with
the City of Herculaneum will be required to submit to a pre-employment
drug test. Either refusing to sign a consent form authorizing the
test to be conducted and the results to be released to the City, or
obtaining a positive drug screen will exclude an applicant from further
consideration.
2.
If the pre-employment drug test is positive in identifying the presence
of illegal drugs, the applicant will be advised and any offer of employment
will be withdrawn.
C.
Drug/Alcohol Screen Of Current Employees.
1.
Drug tests will be administered to current City employees who are
applying for promotion. A positive drug test will result in the applicant
being eliminated from consideration. In addition, the positive drug
test will be reported to the Board of Aldermen and the employee will
be subject to discipline by the Board of Aldermen.
2.
Employees will be tested when there are reasonable grounds to believe
they are impaired or incapable of performing their duties based on
their job behavior. Any supervisor ordering such a test must document
the specific behavior which establishes reasonable grounds to believe
that the employee may have been impaired by drugs or alcohol and must
document the facts surrounding the incident.
a.
Drug/alcohol tests for current City employees are required whenever
there is a pattern of on-duty accidents or an accident resulting in
severe property damage or bodily injury.
b.
Since results of drug and alcohol tests will not be available immediately,
medical staff at the testing site must be relied upon for advice concerning
the ability of the employee to return to work. If the medical staff
indicates that it is likely the employee is under the influence of
drug or alcohol, that employee will not be allowed to return to work
that day.
3.
In addition to the testing provided for in Subsection (C)(2) of Section 105.150, when an employee is employed in a position where the consequences of drug use would be particularly damaging to public safety, unscheduled or random drug testing of all employees holding such positions may be instituted. Such positions affecting public safety, include, but are not limited to, Police Officers, Firefighters, City employees operating vehicles on public streets or operating dangerous equipment, or any position requiring the employee to work with or around children in the course of their employment.
[Ord. No. 43-2020, 12-7-2020]
4.
Any current employee who tests positive for drugs or alcohol will
be placed immediately on forced leave if this action has not already
been taken. Depending on the seriousness of the surrounding circumstances,
the Board of Aldermen will exercise their reasonable discretion in
the discipline of the employee, which may include dismissal.
5.
Refusal by an employee to take a drug or alcohol test will result
in discipline by the Board of Aldermen, which may include dismissal.
Any employee who attempts to refuse a drug or alcohol test will be
informed that such refusal will result in discipline by the Board
of Aldermen, which may include dismissal. If the employee still refuses
to take the test, the incident will be referred to the Board of Aldermen
for action.
D.
Confidentiality.
1.
The results of all physical examinations and blood and urine tests
will be treated as confidential with distribution of test results
limited to Personnel Department employees having a need for the information
in order to process the necessary documents, including the disciplinary
actions taken by the Board of Aldermen.
2.
The possession of illegal drugs is a crime and must be reported to
the Police Department.
E.
Self-Referral For Drug Or Alcohol Treatment.
1.
No employee shall be made to undergo a drug or alcohol test or suffer
reprisals because they have voluntarily entered into a drug or alcohol
treatment program. Such treatment, however, may not be used by an
employee as protection from a subsequent or prior incident necessitating
drug or alcohol testing.
2.
Rehabilitation from drug and alcohol addiction is the responsibility
of the employee. An employee may use accumulated sick days or vacation
days for such a purpose. When accumulated leave is exhausted, the
employee may be docked or placed on a leave of absence. The City is
not required to hold open positions of employment for those employees
who have exhausted their accumulated sick days and/or vacation days.
F.
Challenges To Positive Results.
