[R.O. 1993 § 115.070; Ord. No. 2305 § 1, 11-14-1995]
A. 
Purpose And Scope. The overall goal of this policy and drug/alcohol testing is to ensure an alcohol and drug-free workplace, to reduce accidents and injuries and to comply with relevant Federally mandated drug and alcohol testing.
B. 
General Policy.
1. 
The City of Charleston recognizes that the state of an employee's physical condition affects their job performance, availability, their ability to perform certain types of work, and may affect their opportunities for continued employment or advancement. The City also recognizes that drug and alcohol abuse ranks as a major health problem which affect an individual's physical condition and causes untold trauma and expense, not only to the employee, but also ultimately to the City as employer.
2. 
It shall be the general policy of the City to prohibit the possession, manufacture, sale, transference, use or ingestion of non-prescribed controlled substances or the use or ingestion of alcohol or the unauthorized possession, sale or transference of alcohol on City premises, while operating City vehicles and equipment, while engaged in the performance of job duties or while otherwise representing the City of Charleston in any capacity and during off-site lunch periods or breaks when an employee is expected to return to work.
3. 
Employees of the City of Charleston are expected to fully comply with this policy and be free from the use of illegal drugs and to abstain from alcohol use as provided by this policy.
4. 
This policy applies to job applicants, probationary employees, full, part-time and temporary employees of the City.
C. 
Definitions. As used in this policy, the listed terms shall have the following meanings:
ALCOHOL
The intoxicating agent in beverage including alcohol, ethyl alcohol or other low molecular weight alkaloids including methyl and isopropyl alcohol.
ALCOHOL USE
The consumption of a beverage, mixture, or preparation, including any medication, containing alcohol.
APPLICANT
Any individual selected through a direct hire process who is not currently in the City's employ and as a condition of employment must meet the applicable conditions of this policy prior to employment.
CITY PREMISES
Any and all property, facilities, land, structures, and vehicles owned, leased, used or under the control of the City.
COLLECTION SITE
A place designated by the City where employees present themselves for the purpose of providing a specimen of their urine or breath to be analyzed for the presence of drugs/alcohol.
DRUG
Any non-food substance, other than alcohol or such over-the-counter pain relievers as aspirin or cold remedies, capable of altering the mood, perception, pain tolerance, sobriety or judgment of the person consuming it.
ILLEGAL/UNAUTHORIZED DRUG
Any drug which is not legally obtainable, any drug which is legally obtainable but has been illegally obtained and/or is not being used for its prescribed purpose or in the prescribed manner.
LEGAL DRUG
Any prescribed drug or over-the-counter drug which has been legally obtained and is being used for the purpose for which it was prescribed or manufactured.
MEDICAL REVIEW OFFICER
A licensed physician responsible for receiving laboratory results generated by this policy, who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate positive test results together with an employee's history and any other relevant biomedical information.
POSSESSION
Actual or constructive care, custody, control or immediate access to.
POSITIVE TEST and UNDER THE INFLUENCE
The following initial and confirmation cutoff levels shall be used to determined whether the specimen/sample is positive or an individual is under the influence of the following substances:
Initial and Confirmation Testing Levels of Controlled Substances
NG/ML
Drug
EMIT Test
GC/MS Test
Amphetamines
1,000
500
Cocaine
300
150
Opiates
300
150
THC (Marijuana Cannabinoids)
50
15
Phencyclidine (PCP)
25
25
ALCOHOL: 0.02% blood alcohol content or greater requires confirmation test.
0.02% to 0.04% blood alcohol content requires removal from safety sensitive duties for twenty-four (24) hours.
REASONABLE CAUSE
Whenever a supervisor has reason to believe the appearance and/or conduct of an employee are indicative of the use of alcohol, drug(s) or both.
SUBSTANCE ABUSE PROFESSIONAL (SAP)
A licensed physician (M.D. or D.O.) or a licensed psychologist, social worker, employee assistance professional or an addiction counselor (certified by NAADAC) with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related disorders.
[R.O. 1993 § 115.080; Ord. No. 2305 § 1, 11-14-1995]
A. 
Drugs. The use, possession or being under the influence of any illegal/unauthorized drug while on the City's premises or during working time or during a meal break when an employee is expected to return to work is strictly prohibited.
1. 
An employee may use and possess a legal drug while on the City's premises or during working time, provided the employee uses the drug in accordance with a physician's or the package instructions, does not distribute the drug to another, and the employee has reported the use of the legal drug to his/her immediate supervisor before beginning his/her work shift. The City reserves the right to have a physician of its choice determine whether an employee can safely perform their job while using or being under the influence of any legal drug so reported. In addition, the City reserves the right to restrict such employee's work activity or presence on the City premises. Whenever an employee has reported the use of a legal drug to their immediate supervisor, that supervisor shall report this information to the City Manager.
B. 
Alcohol. The use, possession or ingestion of alcohol during working hours, including lunch hours or while on City premises when associated with working hours, is strictly prohibited.
C. 
Impaired Condition. It is a violation of this policy for employees to report to work or to enter onto the City premises while being in a condition impaired for work due to effects, symptoms or side effects of alcohol and/or illegal or unauthorized drugs.
D. 
Test Refusal. Failure to submit to any drug/alcohol testing required under this policy, including but not limited to failure to report in a timely manner to a collection site, sign any required consent form or otherwise fully cooperate in the collection of any breath/urine specimen, is also strictly prohibited. If any employee refuses to be tested, the refusal shall be treated as a positive test and the employee shall be subject to disciplinary action.
E. 
Conviction Reporting. In order that the City shall comply with all State or Federal Statutes or rules requiring the City to provide a drug-free workplace, an employee who is convicted of conduct in the workplace violating a criminal drug Statute shall notify his/her department head of the conviction within five (5) calendar days after the conviction. Failure to report such convictions is a violation of this policy.
[R.O. 1993 § 115.090; Ord. No. 2305 § 1, 11-14-1995]
A. 
The Program.
1. 
Accumulated leave or leave without pay may be granted for treatment, counseling or rehabilitation under applicable ordinance provisions. It will be the employee's responsibility to comply with the City's request for referral and diagnosis and to cooperate fully with any prescribed therapy.
2. 
Rehabilitation is the responsibility of the employee. In cases of mandatory referral to the Employee Assistance Program as a part of a disciplinary disposition or in compliance with a Federal rule, the City shall require the counseling agency to report to the City:
a. 
That the employee is attending the mandated counseling;
b. 
That the employee is arriving on time to his/her scheduled appointments and is cooperating with his/her counselor;
c. 
That the employee has completed his/her counseling or therapy and is released by the counseling provider; and
d. 
If any medical leave is required.
B. 
Self-Help. In applying this drug and alcohol policy where, prior to any drug or alcohol testing or the occurrence of an event giving rise to a reasonable suspicion of current drug or alcohol use, an employee seeks help to refrain from drug or alcohol use, either by inquiry to the City or entering a counseling or rehabilitation program, the City will assist the employee in locating and attending a suitable program and exercise care to maintain the confidentiality of the inquiry and program participation.
1. 
No employee shall have his or her job security jeopardized solely because he or she has made a voluntary request for diagnosis and appropriate therapy for alcoholism or drug dependency. However, the City of Charleston is concerned by those situations where use of alcohol or other drugs affects an employee's job performance, causes a potential safety problem or is detrimental to the City's business, and will take those actions that are required for the good of the City as a whole. Self-referral to a treatment program may not be used as a protection from supervisory actions taken as a result of job performance deficiencies.
2. 
The City may also grant the employee an appropriate leave of absence (generally not to exceed twelve (12) weeks) or other reasonable accommodation so the employee can undergo a mutually agreed upon rehabilitation program. To the extent permitted by law, any leave or other accommodation granted pursuant to this policy will, absent extenuating circumstances as determined by the City, be granted only once.
[R.O. 1993 § 115.100; Ord. No. 2305 § 1, 11-14-1995; Ord. No. 2749 § 1, 3-8-2011]
A. 
All City employees shall be subject to the following drug or alcohol tests:
1. 
Pre-Employment Test. The City of Charleston will test job applicants for current drug and alcohol use prior to offering successful applicants City employment.
2. 
Reasonable Suspicion Testing. Whenever a City supervisor has reason to believe a subordinate is under the influence of drugs or alcohol, the supervisor may require the subordinate to undergo drug and/or alcohol testing. The supervisor determining reasonable suspicion shall not supervise or participate in testing procedures.
a. 
Reasonable suspicions shall be grounded upon observable facts relating to the appearance or odor of the employee, the motor skills or speech of the employee, the physical inability of the employee to do their job assignments, or the facts surrounding an accident involving an employee in the performance of a job assignment.
3. 
Follow-Up Testing. Whenever an employee has sought self-help or has been mandatorily referred to a drug and/or alcohol rehabilitation program and has completed the program, the City's Medical Advisor or SAP may require the employee to participate in follow-up drug and/or alcohol testing. The extent and duration of the testing shall be determined by the City's Medical Advisor or a substance abuse professional if required.
B. 
Random Testing — Public Safety Personnel. In addition to the above tests, all employees who perform police, fire or emergency response job duties shall also submit to random testing for drug and/or alcohol use, with the exception of reserve public safety personnel.
C. 
Testing Procedure. Drug and alcohol testing procedures shall conform to those required by Federal regulations governing the drug and alcohol testing mandated by the Department of Transportation (49 CFR 40). All drug tests shall be done by a National Institute on Drug Abuse (NIDA) certified laboratory:
1. 
Specimen Collection.
a. 
The Personnel Department will instruct job applicants to report to the testing site. Employees will be instructed by the department head where and when to report for drug and/or alcohol testing. In cases of reasonable cause, the employee will be transported to a medical facility or the City will request a breath test at the worksite.
b. 
The procedure for collecting urine specimens will be designed to ensure the integrity and identity of the urine specimen that is produced. The procedure will also allow for individual privacy unless, in the determination of the City, the collector, or the MRO,[1] there is reason to believe that an employee may alter or substitute the specimen. Breath alcohol testing will follow Federal procedures to ensure accuracy, reliability and confidentiality.
[1]
Editor's Note: "MRO" refers to the Medical Review Officer.
c. 
If testing under this policy is ever required of an employee who is in need of medical attention, necessary medical attention will not be delayed in order to collect the test specimen. However, such an employee shall promptly, upon request from the City, provide the necessary authorization for obtaining hospital reports and records and any other information at the time the need for medical attention and/or testing arose.
2. 
Testing. Drug testing will be performed on urine samples. The initial test will be done by the enzyme immunochemical assay method. All specimens identified as a positive test on the initial test will be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques. A specimen will be treated as negative if the result of the initial test or the confirmatory test is negative.
a. 
All urine samples will be split samples so that if the original specimen test is positive the employee may request the retained sample be tested. This request must be received by the MRO in writing within seventy-two (72) hours of employee's notice of a positive result. The split sample will be tested at a different certified laboratory at the employee's expense. If the split sample tests negative, the test will be determined to be negative. Employees governed by FAA rules have sixty (60) days to request a test of the split sample.
b. 
Job applicants do not have the right to split samples.
c. 
Alcohol Testing. Alcohol use will be tested by using Evidential Breath Testing Devices (EBT). Breath alcohol testing requires the individual to provide a breath sample. Should the initial breath sample have a result of two one-hundredths of one percent (0.02%) blood alcohol content or greater, a confirmation test will be conducted within one (1) hour.
3. 
Refusal To Test. If an employee refuses to be tested or alters or attempts to alter the test sample such actions shall be treated as a positive test in addition to being a violation of this policy.
D. 
Test Results.
1. 
Drug Tests.
a. 
The Medical Review Officer will review drug test results with the employee before they are reported to the City. The Medical Review Officer will report to the City whether an employee's drug test was positive or negative. If positive, the substances for which the test was positive will be identified. The Medical Review Officer may advise the City of a positive test result without having communicated with the tested employee about the test results if the employee expressly declines the opportunity to discuss the results of the test, or the employee cannot be reached after reasonable effort by the Medical Review Officer.
b. 
If the Medical Review Officer determines there is a legitimate medical explanation for the positive test result, the Medical Review Officer will report the test result to the City as negative.
2. 
Alcohol Tests. If an alcohol breath test results in a reading of two one-hundredths of one percent (0.02%) to thirty-nine thousandths of one percent (0.039%) blood alcohol content, the individual shall not return to duty but shall be taken off duty and not returned to work for at least eight (8) hours. If an alcohol breath test results in a reading of four one-hundredths of one percent (0.04%) blood alcohol content or greater, in addition to the above the employee must meet with a substance abuse professional. The substance abuse professional will determine when the employee may return to work.
3. 
Confidentiality.
a. 
The result of any positive test shall be kept confidential from the general City work force and public. The results may be known to the employee health nurse or occupational health specialist, the City's Medical Advisor, the test facility, the Medical Review Officer and Substance Abuse Professional and those department supervisors necessary, and the employee. The City may use the results to determine the appropriate response to employee drug and/or alcohol use and to support its disciplinary or other actions or to defend the City in a court or administrative hearing.
b. 
The Medical Review Officer, Substance Abuse Professional and the City shall not release the individual test result of any employee to any unauthorized party without first obtaining written authorization from the tested individual.
E. 
Actions Taken In Response To Test Results.
1. 
An employee who refuses to be tested will be treated as having had a positive test. Failure to report to a collection site on a timely basis, sign any required consent form or otherwise fail to fully cooperate with the testing procedure shall be treated as a refusal to be tested. Employees refusing to be tested shall be subject to disciplinary action up to and including dismissal.
2. 
An employee whose drug test result is reported to the City as positive for the drugs or metabolites of cocaine or any opiate or phencyclidine shall be subject to disciplinary action up to and including dismissal.
3. 
An employee whose drug test is reported to the City as positive for the drugs or metabolites of amphetamines or cannabinoids shall be immediately referred to a substance abuse professional for evaluation and may be subject to disciplinary action up to and including dismissal.
4. 
An employee whose breath test results in a reading of two one-hundredths of one percent (0.02%) to thirty-nine one-thousandths of one percent (0.039%) blood alcohol content shall be removed from duty and not returned to work for at least eight (8) hours, and all hours not worked shall be recorded as lost time. An employee who has a continuing pattern of breath test results between two one-hundredths of one percent (0.02%) to thirty-nine one-thousandths of one percent (0.039%) blood alcohol content shall be referred to a substance abuse professional for evaluation and may be subject to disciplinary actions up to and including dismissal.
5. 
An employee whose breath test results in a reading of four one-hundredths of one percent (0.04%) blood alcohol content or greater shall be removed from duty and not returned to work for at least eight (8) hours, and all hours not worked shall be recorded as lost time. Additionally, the employee shall be referred to a substance abuse professional for evaluation and may be subject to disciplinary action up to and including dismissal.
6. 
An employee whose drug test result is reported to the City as positive or whose breath test result is four one-hundredths of one percent (0.04%) blood alcohol content or greater and who has previously had positive drug tests or previous breath tests with a result greater than four one-hundredths of one percent (0.04%) blood alcohol content or who has previously been referred to a rehabilitation program under the self-help provisions of these rules shall be subject to disciplinary action up to and including dismissal.
7. 
Failure to immediately begin an approved rehabilitation program, successfully complete the program and/or participate in required or recommended after-care may result in disciplinary action up to and including dismissal.
8. 
Post Rehabilitation. An employee who tests positive for illegal drugs/alcohol use cannot return to work until he/she meets all of the following conditions:
a. 
Successfully completes a City approved rehabilitation program.
b. 
No further use of a controlled substance as indicated by a negative drug/alcohol test result at the time of release.
c. 
Obtains a full, written release and recommendation to return to duty from the treatment facility doctor and/or counselor.
d. 
Continues to participate in any program of after-care required by the rehabilitation facility doctor and/or counselor.
e. 
Agrees to be subject to post-rehabilitation unannounced follow-up testing as determined by the substance abuse professional after consultation with the City, for twenty-four (24) months after reinstatement.
[R.O. 1993 § 115.110; Ord. No. 2305 § 1, 11-14-1995]
A. 
In addition to the City's general drug and alcohol policy, all City employees who perform job duties requiring a commercial driver's license shall be subject to the rules of the Federal Highway Administration governing drug and alcohol testing (49 CFR 382).[1] A summary of those rules follow:
1. 
Beginning January 1, 1996, employees required to have a CDL for their job are subject to the following prohibitions:
a. 
No driver shall report to duty or remain on duty with a blood alcohol concentration of four one-hundredths of one percent (0.04%) or greater.
b. 
No driver shall possess or use alcohol, including any medication with an alcohol component, while on duty.
c. 
No driver shall be allowed to drive within four (4) hours of using alcohol.
d. 
A driver involved in an accident which requires an alcohol test may not use any alcohol until after the test is completed or eight (8) hours has elapsed.
e. 
No driver shall refuse to submit to any required drug or alcohol test.
f. 
No driver shall report for duty or remain on duty when using any drugs except those a physician has advised that the driver may use which will not adversely affect the driver's performance.
2. 
Drivers are subject to the following drug and/or alcohol tests:
a. 
Pre-employment testing for drugs and alcohol.
b. 
Post-Accident. Drivers will be given drug and alcohol tests within eight (8) hours of an accident involving the death of a person or where the driver was cited by police.
c. 
Random Testing. Drivers must participate in random drug and alcohol test pools. The random test rate of the alcohol pool shall be at least twenty-five percent (25%) of the drivers annually and for the drug pool shall be at least fifty percent (50%) of the drivers annually.
d. 
Reasonable Suspicion Testing. Drivers are subject to drug and/or alcohol testing at any time when based upon reasonable suspicion.
e. 
Return To Duty Testing. Before returning to duty after being excluded because of drug or alcohol use, a driver must take and pass drug and/or alcohol tests.
f. 
Follow-Up Testing. A driver referred to a substance abuse professional and subject to assistance or rehabilitation for drug or alcohol use shall be subject to such follow-up testing as directed by a substance abuse professional.
g. 
Refusal To Test Shall Be Treated As A Positive Test. Drivers must be readily available for testing immediately before, during or just after performing their duties.
3. 
Supervisors have the following specific duties:
a. 
Supervisors must produce drivers for post accident drug and alcohol testing within two (2) hours of the accident or explain in writing why the driver was not produced. The driver may be given necessary medical treatment and if such treatment prevents normal drug or alcohol testing, the supervisor shall immediately inform the City employee health nurse.
b. 
Whenever drug or alcohol tests are required under these rules, supervisors must produce the driver for these tests, and when current impairment is reasonably suspected, the supervisor shall not allow the employee to drive.
c. 
Observations supporting a supervisor's reasonable suspicion of drug or alcohol use must be made just before, during or just after the employee performs safety sensitive work. These observations must be reduced to writing within twenty-four (24) hours of the observation.
d. 
Whenever drug or alcohol tests are required by these rules and the employee is not tested within eight (8) hours of notice of the need to test, the supervisor shall explain in writing why the test or tests were not performed.
4. 
Besides the penalties set out by the City for violations of these rules, Federal rules violations have the following consequences:
a. 
No driver may drive if they have used a listed drug, and no driver may drive within four (4) hours of using alcohol or at any time when an alcohol test indicates an alcohol concentration of four one-hundredths of one percent (0.04%) or greater.
b. 
A driver violating these rules may not return to work until evaluated and released by a substance abuse professional, and subsequently tested for alcohol and drugs with negative results.
c. 
A driver tested with an alcohol concentration greater than two one-hundredths of one percent (0.02%) and less than four one-hundredths of one percent (0.04%) may not drive or perform other safety sensitive functions for twenty-four (24) hours after the test.
d. 
Federal civil penalties for breach of the Federal rules range between one thousand dollars ($1,000.00) to ten thousand dollars ($10,000.00) for each offense. Federal criminal penalties for violations of the Federal rules range between one thousand dollars ($1.000.00) and twenty-five thousand dollars ($25,000.00) for each offense or up to one (1) year imprisonment for each offense.
[1]
Editor's Note: See 49 CFR 382.101 et seq.
B. 
Rule Conflicts. Whenever a Federal rule conflicts with a general City rule, the Federal rule shall control.
[R.O. 1993 § 115.130; Ord. No. 2305 § 1, 11-14-1995]
If an employee violates any provision of the City drug and alcohol policy or rules of the applicable Federal drug and alcohol rules or fails to do anything required under the policy or these rules, the employee may be subject to disciplinary action up to and including discharge and/or may be required as a condition of continued employment to attend a drug and/or alcohol rehabilitation program approved by the City on the employee's time and at the employee's expense.
[R.O. 1993 § 115.140; Ord. No. 2305 § 1, 11-14-1995]
Employees must, as a condition of employment, abide by the terms of this policy and report any conviction under a criminal drug Statute for violations occurring on or off City premises while conducting City business. A report of a conviction must be made within five (5) days after the conviction to the Department Director. Within ten (10) days of learning of an employee's criminal conviction for illegal drug activity within the work place, the City will notify the Federal Government of such conviction. Within thirty (30) days of learning of an employee's criminal conviction for illegal drug activity within the work place, the City will take appropriate personnel action. (This requirement is mandated by the Federally legislated Drug-Free Workplace Act of 1988).[1]
[1]
Editor's Note: See now 41 U.S.C. §§ 8101 et seq.