[Ord. No. 3033 § 5, 2-7-2017[1]]
[Ord. No. 3033 § 5, 2-7-2017]
A.
Policy Objectives. The purpose of the "Substance Use, Abuse, and
Testing Policy" is to set consistent and clear guidelines for the
actions to be taken, which may involve or be the result of substance
use or abuse by a City employee. The implementation of this policy
is 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. The City intends to provide a drug and alcohol
free working environment for its employees, and thereby assure worker
fitness for duty and to enhance the ability of City employees to deliver
safe and efficient service to the community.
[Ord. No. 3204, 3-20-2018]
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The provisions of this policy shall apply to all employees of
the City and to all applicants for employment for positions with the
City. The City of St. Robert shall apply this policy in a manner which
is consistent with its obligations under State and Federal regulations
governing workplace alcohol and controlled substance abuse programs
mandated under law. These State and Federal regulations mandate urine
drug testing and breathalyzer alcohol tests for safety-sensitive positions
and thereby prevent performance of safety-sensitive functions when
there is a positive test result. This policy shall also include all
employees who are part of a union bargaining unit.
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The policy of the City of Saint Robert is to adhere to the US
Department of Transportation Rules, including Part 40 Final Rule effective
on 1/1/2018. Those Rules are incorporated into this Article of the
City Code by specific reference. Any future changes or modification
to Part 40 are adopted by the City when those rules are final and
shall be enforced by the City.
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B.
ACCIDENT
A.
B.
ALCOHOL TEST
APPLICANT
CDL POSITION
COMMERCIAL VEHICLE
CONTROLLED SUBSTANCE, DRUG, DRUG PARAPHERNALIA, AND MANUFACTURE
DELAY
DRIVER
DRUG TEST
EMPLOYEE
INTOXICANTS
NON-DRIVER
REASONABLE SUSPICION
SAFETY-SENSITIVE POSITION
SUBSTANCE MONITOR
Definitions.
An occurrence while driving on behalf of the City conducting
City business, or involving a City-owned vehicle which results in:
A workplace incident that results in property or environmental
damage over two hundred fifty dollars ($250.00), or personal injury
(including but not limited to a fatality or human injury requiring
medical treatment). Any employee whose performance either contributed
to the incident or cannot be discounted as a contributing factor to
the incident.
Testing of a sample of breath, saliva or blood to determine
the percentage by weight of alcohol in the blood of the tested subject.
A person involved in pre-employment testing, the term applicant
shall refer to an applicant who has been given a conditional offer
of employment.
Includes all positions in which the employee is required
as a part of his/her duties to operate a commercial motor vehicle
or motorized heavy equipment such as dump trucks, solid waste packer
trucks, street sweepers, tank trucks, or any other type of heavy duty
self-propelled equipment requiring a CDL to operate, excluding automobiles
and pickup trucks.
A vehicle defined by Missouri Statues or regulations requiring
a commercial driver's license to operate.
Used herein, shall have the same meaning as set forth in
Chapter 195, RSMo. Used herein, shall in all instances include prescription
drugs, unless specifically excluded.
Any person who fails to report to the test site to participate
in the required testing under this policy.
Employee who operates a commercial motor vehicle or equipment
or is required by the City to hold a commercial drive license (CDL).
Driver, includes, but is not limited to, full-time and part-time regularly
employed drivers/operators, and intermittent, volunteer, or occasional
drivers.
This term primarily refers to a urinalysis test, consisting
of an initial screening test followed by a confirmation test. If the
results of the initial screening test are non-negative. Other testing
methodologies (saliva, blood, etc.) may be used for non-DOT regulated
tests.
Individual appointed and/or hired to a position in the City
service.
Includes any beverage or substance containing alcohol.
Employee who is not a driver or an employee who performs
a Safety Sensitive Function.
Refers to a suspicion based upon objective facts and circumstances
from which an ordinarily careful and prudent supervisor could conclude
that an employee is in possession of or under the influence of drugs
or alcohol while on City property or while on duty for the City. Circumstances
which constitute a basis for determining reasonable suspicion, include,
but are not limited to: (a) a pattern of abnormal or erratic behavior
while on duty; (b) information provided by a reliable and credible
source; (c) direct observation of drug or alcohol possession or use;
(d) presence of the physical symptoms of drug and alcohol use, such
as glassy or bloodshot eyes, odor of intoxicants on breath, slurred
speech, poor balance, poor coordination, or impaired reflexes; (e)
admission of possession or use of drugs or alcohol by the employee.
For an employee to be tested under reasonable suspicion, two (2) supervisors
must agree on objective facts and circumstances as outlined above.
See Attachment A, held on file in the City offices, for a
list of St. Robert safety-sensitive positions.
The person designated as the substance use, abuse, and testing
policy administrator.
C.
Substance Monitor.
1.
The Substance Monitor shall be the Human Resource Director and
the Assistant Substance Monitor will be the Public Works Director.
In the event these positions are vacant, an Interim Substance Monitor
shall be designated by the Mayor or City Administrator. The Interim
Substance Monitor will serve until such time as either position is
filled and qualified to perform the duties of Substance Monitor. Any
inquires concerning this policy, its application, its administration,
or its interpretation shall be made to the Substance Monitor.
2.
The Substance Monitor shall follow this City's policy, and Federal
and State Regulations and develop necessary forms, if needed, or utilize
City, Federal, or State Regulation forms in performance of these duties.
The Substance Monitor shall provide forms to appropriate persons who
are responsible for the implementation and management of this policy.
[Ord. No. 3033 § 5, 2-7-2017]
A.
Pre-Employment Testing. Effective as of the date of the adoption
of this policy:
1.
A copy of this policy shall be provided to each applicant who
has been given a conditional offer of employment, who shall sign and
date the "receipt of Substance Abuse Policy and Consent to Drug and
Alcohol Testing" form, which shall then be made a permanent part of
the applicant's file. This form shall be competent evidence in any
subsequent proceedings that the applicant who has been given a conditional
offer of employment has received notice of the provisions of this
policy and has consented to testing under the provisions stated herein.
A refusal by any applicant who has been given a conditional offer
of employment to execute this form shall constitute grounds for denial
of employment. Alcohol and drug tests are considered to be medical
examinations and, under the Americans With Disability Act, may only
be conducted after an offer of employment has been extended.
2.
All applicants who have been given a conditional offer of employment
shall be subject to mandatory testing for the presence of drugs and
alcohol in accordance with the testing procedures herein set out,
except that City employees who apply for such positions and who have
successfully completed testing as a condition of employment with the
City shall not be subject to retesting under this Subsection. Those
applicants shall be required to undergo drug and alcohol testing,
and negative results from the testing must be received, before the
conditional employee begins work as an employee. The testing provisions
of this Section shall not apply to the promotion or transfer of the
safety sensitive position employee within their own department.
3.
Applicants who test positive for the presence of drugs or alcohol
will be denied employment pursuant to the provisions of this policy.
B.
Testing Of Current Employees. Effective as of the date of the adoption
of this policy:
1.
A copy of this policy shall be provided to every City employee,
and each employee shall be required to sign and date a receipt form,
which shall then be made a permanent part of the employee's personnel
file. This form shall be competent evidence in any subsequent proceedings
that the employee understood its contents and has received notice
of the provisions of this policy.
2.
Current employees in safety sensitive positions shall be subject to random drug and alcohol testing. Details regarding random drug and alcohol testing are located in Section 120.360 of this policy.
3.
All current City employees classified as non-safety sensitive
employees shall be subject to testing for the presence of drugs, including
prescription drugs, and alcohol upon reasonable suspicion that the
employee is under the influence of drugs or alcohol while on duty,
and/or post accident. A request for the testing of an employee may
be initiated by any supervisor who has a reasonable suspicion that
the employee is under the influence of drugs or alcohol while on duty.
Requests for testing shall be submitted to the Human Resource Director
and testing shall be authorized if the request is approved by the
Mayor or City Administrator and the Human Resources Director, following
the review of the request.
a.
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.
b.
Reasonable suspicion testing shall be required and completed
whenever possible within two (2) hours of the observation, but in
any case no later than eight (8) hours after the observation for breath
alcohol testing and thirty-two (32) hours for controlled substance
testing.
4.
An employee who has been ordered to seek treatment for drug
and/or alcohol issues shall be subject to an unannounced testing for
the presence of drugs or alcohol during the twelve-month period following
the date of the order.
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Drugs not otherwise included in the preceding categories will
be tested to the concentration levels for which testing is customarily
accurate, as stated in the manufacture's specifications for particular
test kit or method to be used.
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C.
Employee Requests For Re-Test. Any employee who questions the results
of a 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. All costs for employee requested testing
shall be paid by the employee unless the second test invalidates the
original test. An employee's request for a re-test must be made to
the Human Resource Director within seventy-two (72) hours of the notice
to the employee of the initial test result. Request made after the
seventy-two-hour limit will only be accepted if the delay was due
to documentable facts that were beyond the control of the employee.
D.
Refusal 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 disciplinary action that is applicable 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
disciplinary action as if testing positive. 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 disciplinary
action as if tested positive.
E.
Testing Procedures.
1.
The Testing Agency. Drug testing shall be performed by an independent
certified HHS laboratory of the City's choice. All testing shall be
performed in accordance with currently accepted scientific standards.
Due care shall be taken by the testing agency to respect the dignity
and privacy of the individuals required to give test samples. The
testing agency shall be responsible for maintaining appropriate chain
of custody procedures for all test samples.
2.
Confidentiality Of Testing Information. All information regarding
the testing of applicants and employees shall be confidential. Testing
information is authorized to be released only on a need to know basis
to Human Resources, Mayor, City Administrator, City Attorney, and
to the Board of Aldermen upon request of the Board; and the tested
employee upon request. Disclosure without employee consent is authorized
if: (a) production of the information is compelled by law, or by judicial
administrative process, (b) the information has been placed at issue
in a formal dispute between City and the employee, or (c) the information
is needed by medical professionals for the diagnosis or treatment
of the employee, and they are unable to authorize disclosure.
3.
Alcohol. Federal regulations require breath testing to be done
on evidential breath testing devises 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 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.
4.
Controlled Substances. Controlled substances 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:
5.
The testing for controlled substances is a two-stage process.
First a screening test is conducted. If the test is positive for one
(1) or more of the controlled substances, a confirmatory test is conducted
for each identified controlled substance. The confirmatory test is
a gas chromatography/mass spectrometry (GC/MS) analysis.
6.
Any employee who tests positive on the confirmatory test shall
be interviewed by the Human Resource Director. The employee shall
be immediately removed from work-related activity; and the employee
shall not be permitted to resume work until the employee is:
7.
Consequences Of A Confirmed Positive Test Result.
a.
Job Applicants. Job applicants will be denied employment with
the City if an initial positive test result has been confirmed by
the GC/MS test.
b.
Current Employees. An employee whose positive GC/MS confirmation
test is confirmed positive is subject to disciplinary action which
may include a range of options in this policy up to and including
termination in accordance with the provisions of this policy.
c.
As an alternative to, or in conjunction with, formal disciplinary
proceedings which will be instituted against an employee for a violation
of the provisions of this policy, an employee may be offered the opportunity
to seek assistance for a substance abuse problem. The Mayor or City
Administrator is authorized to suspend the imposition of formal discipline
for a period not to exceed one (1) year, pending the successful completion
of assessment, counseling, and rehabilitation by the employee. The
City, in its discretion, may rehire an employee who has been terminated
after testing positive for alcohol or drugs under the City's re-employment
testing procedures.
d.
Expungement Of Drug And Alcohol Testing Records. Upon written
request by the tested employee, all records relating to a request
for and the results of drug or alcohol testing may be expunged from
an employee's file and destroyed if the results of the testing do
not show a substance concentration at or above the levels set out
in this policy.
8.
Negative Or Incorrect Tests. An employee who has a positive
drug or alcohol test which is found to be incorrect, shall be returned
to work with no loss of pay or benefits.
[Ord. No. 3033 § 5, 2-7-2017]
A.
It is the individual responsibility of each employee and applicant
for employment to read, understand, and abide by the provisions of
this policy. Any questions about the application of this policy may
be directed to the Human Resources Director.
1.
Employees with substance abuse problems are personally responsible
for seeking evaluation and undertaking rehabilitation. The City encourages
employees to seek help, and may offer rehabilitation to employees
should knowledge become know of employee's use or abuse. The City
shall provide confidentiality for those who seek treatment. Any employee
who is aware that they may have an issue or problem with alcohol and/or
drugs and who voluntarily discloses this to their supervisor, or Human
Resources, or voluntarily seeks treatment for their problem shall
not be subject to discipline for having admitted that they have a
problem, nor for seeking treatment for such a problem.
2.
Those employees who use and/or abuse alcohol and/or drugs which
would result in job performance issues, safety issues, testing positive
for drugs and/or alcohol, etc., and do not voluntarily seek help will
place their jobs with the City in jeopardy. In the event a concealed
substance abuse problem adversely affects job performance, causes
or contributes to misconduct either on or off duty, or causes the
employee to become involved in criminal activity or proceedings, the
employee will be subject to formal discipline as outlined in the Administrative
Rule relative to corrective and disciplinary actions.
3.
Employees who are ordered to seek treatment for substance abuse
problems will still be held accountable for any violations of this
policy and will be subject to formal discipline for actions which
are in violation of City policy.
[Ord. No. 3033 § 5, 2-7-2017]
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 Substance Monitor may be permitted to enter into a rehabilitation
plan if approved by the Mayor or City Administrator, provided the
employee agrees to adhere to the terms of the rehabilitation contract
with the City.
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 Substance Monitor or by a rehabilitation professional approved
by the Mayor or City Administrator.
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.
3.
The employee provides a release of all medical records pertaining
to treatment for use and review by the City relating to the rehabilitation
assistance plan for the assistance undertaken and compliance.
4.
The employee agrees to unannounced random testing, per the rehabilitation
plan approved by the Mayor or City Administrator for the determined
periods of time subsequent to the employee's return to work consistent
with this policy.
5.
The employee agrees to submit to return-to-work testing demonstrating
that the employee is negative under controlled substance and/or alcohol
test standards.
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The employee agrees that any future violations of a controlled
substance or alcohol violations shall be considered as a resignation
of the employee from City service without recourse.
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[Ord. No. 3033 § 5, 2-7-2017]
A.
Grounds For Disciplinary Action Or Denial Of Employment. Applicants
for employment may be denied employment, and employees may be subject
to disciplinary action up to and including dismissal from employment
for commission of any of the following acts:
1.
Reporting for work, performing work, or applying for work while
under the influence of illegal drugs, prescription drugs, or intoxicants.
While having a blood alcohol concentration of two-hundredths (0.02)
or greater; or within four (4) hours of consuming alcohol.
2.
Using, selling, possessing, manufacturing, or delivering controlled
substances or drug paraphernalia at any time or place except in cases
where such activity is permitted or required in the line of duty,
whether on or off duty.
3.
Consuming, under the influence of, or possessing intoxicants
while on duty or on City property. A City employee is prohibited from
unauthorized use of a controlled substance at any time, whether on
or off duty.
4.
Providing or selling intoxicants to any other person while on
duty, except in cases where such activity is permitted or required
in the line of duty.
5.
Testing positive for drugs or alcohol following completion of
testing procedures authorized by this policy.
6.
Any employee convicted of illegal conduct related to controlled
substances or alcohol or who fails to report such a conviction to
the Mayor/City Administrator/Human Resources Director shall be subject
to disciplinary action, up to and including termination from City
employment.
7.
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 Human Resource Director of such consumption upon reporting
for work and prior to engaging in any work-related activity, or earlier
if possible. Failure to report shall be cause for disciplinary action
including a range of options which may include termination from the
City employment.
B.
Termination Of Employment Is Specifically Authorized When.
1.
Law enforcement has informed Human Resources that the employee
has sold or attempted to sell controlled substances, whether on or
off duty.
2.
Law enforcement has informed Human Resources that the employee
has possessed or has manufactured a controlled substance under circumstances
that create reasonable inference that the employee intended to sell
the controlled substance, whether on or off duty.
3.
The employee has used, or has been found to be in unauthorized
possession of, illegal drugs while on duty, or the employee has been
found to be on duty or on City property while under the influence
of illegal drugs, prescription drugs, or intoxicants.
[Ord. No. 3068 §§ 1
— 5, 4-17-2017]
4.
Failing or refusing to submit a test sample within a reasonable
time, but not more than three (3) hours after the time of a request
for a test sample was to be completed, or causing or attempting to
cause alteration of a drug or alcohol test sample, submitting or attempting
to submit a false test sample, or otherwise obstructing the process
of testing for the presence of drugs or alcohol.
5.
The employee has previously been ordered by the appointing authority
to seek treatment for a substance abuse problem through the Employee
Assistance Program or any treatment facility, and has subsequently
committed a new offense involving substance abuse which would constitute
grounds for discipline under the provisions of this policy.
6.
The employee refuses or fails to attend or complete treatment
as ordered by the Mayor or City Administrator.
C.
Disciplinary Action Shall Be Independent Of All Other Proceedings.
Disciplinary action which may be taken shall constitute an independent
action against the employee involved, and shall not be dependent upon
or controlled in any manner by any civil, administrative, or criminal
proceedings which are or may be instituted against the employee.
[Ord. No. 3033 § 5, 2-7-2017]
B.
The purpose of this Section is to define testing procedures for employees
involved in an accident, and random testing for those employees in
safety sensitive positions, and to establish compliance with the Federal
Highway Administration, Omnibus Transportation Employee Testing Act
of 1991 and its implementing regulations, and the United States Department
of Transportation (DOT) regulations by requiring random drug and alcohol
testing for those employees holding a Commercial Driver's License
(CDL) and those employees who perform operations on gas pipeline or
facility. This Section sets forth additional requirements as they
relate to the substance abuse policy, and testing and reporting, as
regulated by the above agencies.
C.
All contractors of the City whose contracted activities
would be covered by the Omnibus Transportation Employee Testing Act
of 1991, if those activities were conducted for the City shall be
required to state, in writing, that they comply with the provisions
of the Act and its implementing regulations while engaged in services
for the City or in activity while on City property as a condition
of the award of any such contracts for services or work and the continuation
of the same.
D.
The Human Resource Director shall develop and maintain a current
list of the positions that are governed by this policy. The list shall
be available for inspection in the Human Resources office of the City.
Individuals who are applying for positions with the City and effected
employees shall be notified of the positions that are covered by this
policy.
1.
ACCIDENT (FOR DOT REGULATED EMPLOYEES)
CDL DRIVER/OPERATOR
COMMERCIAL MOTOR VEHICLE
DRUGS
MEDICAL REVIEW OFFICER
SAFETY-SENSITIVE FUNCTION
SUBSTANCE ABUSE PROFESSIONAL (SAP)
Definitions. The following definitions are offered as a part of this attachment in addition to any definitions included in Section 120.300 of this Administrative Rule.
A vehicular accident involving a City-owned Commercial Motor
Vehicle (GVW of 26,001 pounds or greater) which results in:
Includes all employees whose positions may involve driving
or operating vehicles weighting over 26,001 pounds or large equipment,
or operate a commercial motor vehicle and required possession of a
CDL.
Is one that either:
For the purposes of this Section, "drugs" refers to any drugs referred to in Section 120.320 of this policy.
Is a licensed physician (Doctor of Medicine or Osteopathy)
who meets the requirements of 49, CFR, Part 40.121. The responsibilities
and procedures of the MRO are detailed in 49 CFR, Part 40, Subpart
G.
Includes such responsibilities as time on duty waiting to
be dispatched, driving time, assisting or supervising loading and
unloading, repairing, obtaining assistance or remaining in attendance
upon a disabled vehicle.
Is a licensed physician, or a licensed or certified psychologist,
social worker, employee assistance professional, or addiction counselor,
as defined by the Department of Transportation regulations, with the
knowledge of and clinical experience in the diagnosis and treatment
of alcohol and drug-related disorders. The SAP is responsible for
evaluating employees with positive test results.
2.
Additional Prohibited Conduct. The following conduct regarding alcohol and drug use or abuse is prohibited for employees covered by this Section, in addition to the requirements of Section 120.350:
a.
An employee may not operate a commercial vehicle or report for
duty in a safety sensitive position within four (4) hours after using
alcohol.
b.
An on-call employee who consumes alcohol within four (4) hours
of being called in must acknowledge the use of alcohol and may not
report for duty.
c.
An employee required to take a post-accident alcohol test may
not use alcohol for eight (8) hours following the accident, or until
a post-accident alcohol test is given, whichever comes first.
d.
If an employee is taking prescription or over-the-counter medication
that may impair their ability to perform their duties safety and effectively,
they must seek the advise of a physician to insure that the substance
does not adversely affect their ability to safely operate a commercial
vehicle or perform in a safety sensitive position. If the employee's
ability to perform their duties may be impaired, a written notice
from the physician must be provided with respect to the effects of
such substances.
e.
Alcohol testing may only be conducted before, during or after
the performance of a safety-sensitive function. Reporting to work
and being available to perform a safety-sensitive duty is considered
"before" for the purpose of this part. If removed from duty based
on reasonable suspicion of alcohol use and an alcohol test is not
administered within eight (8) hours, the employee will not be allowed
to perform or continue to perform covered functions until:
f.
Following an accident, as defined above, the driver is required
to submit to alcohol and drug tests. Testing should occur as soon
as possible, preferably within two (2) hours. If alcohol testing is
not conducted within two (2) hours of the accident, the City shall
continue to attempt an alcohol test, but shall also prepare and maintain
a record stating the reason the test was not conducted promptly. An
attempt to conduct the alcohol test must cease if the alcohol test
is not conducted within eight (8) hours of the accident. An attempt
to conduct a drug test must cease if the drug test is not conducted
with thirty-two (32) hours of the accident.
g.
An employee subject to post-accident testing must remain readily
available for such testing and may not take any action to interfere
with testing or the results of testing. Employees who do not comply
with post-accident testing requirements will be considered to have
refused to submit to testing and will be subject to sanctions for
refusal to test as provided in this policy.
h.
Employees covered by this Section will be subject to random,
unannounced alcohol and drug testing.
i.
Employees who have violated this policy, including those who
have tested positive on a drug or alcohol test, and who under discipline
policy are allowed to return to work, must test negative prior to
being released for duty. A return to duty following alcohol misuse
must yield a negative test result.
j.
An employee who is referred for assistance related to alcohol
misuse and/or use of drugs is subject to unannounced follow-up testing
for a period not to exceed sixty (60) months as directed by a Substance
Abuse Professional and the City. The number and frequency of follow-up
testing will be determined by the Substance Abuse Professional, but
will not be less than six (6) tests in the first twelve (12) months
following the employee's return to duty.
k.
If a person is to be hired into a CDL position subject to this
Section and during the previous three (3) years has worked in a position
subject to this Section, the person must authorize a request of all
employers of the person within the last three (3) years to release
information on:
(1)
Positive alcohol or drug tests; and
(2)
Refusal to be tested.
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This information must be requested before the person is employed
by the City. However, if the information has not arrived by the anticipated
start date, and if the person has passed the pre-employment drug test,
the person may be hired. If the information has not been received
within thirty (30) calendar days, and a documented good faith effort
to obtain from the information has been made, the Human Resources
Director will go ahead and allow the person to function in the covered
duties. If the information obtained from previous employers indicates
either a positive test or that a refusal to be tested occurred within
the past three (3) years, that person will not be permitted to perform
covered duties unless subsequent information indicates that an evaluation
by a Substance Abuse Professional was made and return to duty testing
was administered.
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l.
Records relating to drug and alcohol testing for employees covered
by this Section shall be retained on the following schedule:
(1)
Records of negative and canceled drug test results
and alcohol test results with a concentration of zero (0) shall be
maintained for a minimum of one (1) year.
(2)
Records related to alcohol and drug collection
process and training shall be maintained for a minimum of two (2)
years.
(3)
Records of alcohol tests indicating an alcohol
concentration of greater than zero; records of verified positive drug
tests results; documentation of refusal to take required alcohol and/or
drug tests; evaluations and referrals; and copies of annual reports,
shall be kept for a minimum of five (5) years.
m.
Records for employees covered by this Section shall not be released
except:
(1)
Upon written request of the employee;
(2)
Upon written authorization by the employee, records will be
disclosed to a subsequent employer subject to use as specified by
the employee;
(3)
Upon specific, written authorization by the employee, records
will be released to an identified person, for use only as specified
by the employee; or
(4)
Records may be disclosed to a decision-maker in a law-suit,
grievance, or other proceeding initiated by or on behalf of the employee,
including, but not limited to, a worker's compensation, unemployment
compensation or other proceeding relating to a benefit sought by the
employee.
n.
Any employee covered under this Section engaging in prohibited
conduct, receiving a confirmed and/or verified positive drug test,
or receiving an alcohol test result of two-hundredths (0.02) or greater,
shall be subject to the full range of disciplinary action, including
termination, depending on the seriousness of the prohibited conduct.
o.
If the employee is not terminated for policy violations, and
the employee had a breath alcohol concentration of two-hundredths
to thirty-nine-hundredths (0.02 — 0.039), then the employee
shall be removed from covered duties for at least twenty-four (24)
hours.
p.
If the employee is not terminated for policy violations, and
the employee was confirmed and or verified positive for drugs or had
an alcohol test that indicated a blood level alcohol of four-hundredths
(0.04) or greater from a random, reasonable suspicion, return-to-duty,
follow-up, or post-accident test, or engaged in prohibited conduct,
the employee shall be immediately removed from performance of the
covered duties. The employee will not be permitted to return to work
unless they:
(1)
Have been evaluated by a qualified Substance Abuse Professional;
and
(2)
If recommended by the Substance Abuse Professional, has properly
followed any rehabilitation prescribed; and
(3)
Have a verified negative result on a return-to-duty
alcohol and/or drug test.
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While the employee is off work during the rehabilitation prescribed
by the Substance Abuse Professional, they will be required to utilize
any accrued comp time, sick, or vacation time they have accumulated.
Please refer to City Policy in regards to suggested utilization of
accrued time. When/if that accrued time is all utilized, then the
remainder of the time they are off shall be unpaid.
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[Ord. No. 3033 § 5, 2-7-2017]
A.
Safety sensitive employees shall be subject to controlled substances
and alcohol testing including the following types of tests: pre-employment
testing; random unannounced testing (except as provided herein); reasonable
suspicions testing; post-accident testing; return-to-work testing;
and follow-up test for rehabilitation programs.
1.
Pre-Employment Testing.
a.
An individual may not be hired to perform a covered function
and activities unless the individual passes a drug test of urine for
evidence of marijuana, cocaine, opiates, phencyclidine (PCP), and
amphetamines.
b.
All new hires and re-hires hired to perform a covered function
whether full-time, part-time, temporary/seasonal employees or volunteer
are required to take a urine or other medical test and to agree, in
writing, to allow the results of those tests to be furnished to and
used by the City. Those persons who do not pass such test(s) shall
not be employed or allowed to work in a volunteer position whose duties
are covered by this policy.
c.
Current employees whose assigned duties and responsibilities
are changed or who are transferred to new positions that engage in
covered functions are required to take a urine or other medical test
and to agree, in writing, to allow the results of those tests to be
furnished to and used by the City.
d.
Receipt of satisfactory test results is required prior to commencement
of employment and/or engaging in covered 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.
2.
Reasonable Suspicion Testing.
a.
Reasonable suspicion testing shall be used to determine fitness
for duty evaluation, 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 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
is required to complete the appropriate required documentation concurrently
with the observation and consideration to impose reasonable suspicion
testing.
b.
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.
3.
Post-Accident Testing.
a.
Post-accident testing shall be required for employees after
a vehicular accident has occurred in which a fatality has occurred,
where injury to a person requires transport to a medical facility,
or disabling damage to one (1) or more vehicles requires towing from
the accident site to occur, or when traffic citation is issued to
a City employee after an accident. Testing shall include both breath
alcohol and urine drug testing of the employee(s).
b.
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 eight (8) hours after the accident for breath alcohol
testing and thirty-two (32) hours after for controlled substance testing.
An employee involved in an accident shall refrain from alcohol consumption
for eight (8) hours following the accident.
4.
Random Testing.
a.
The Human Resource Director shall develop and maintain a current
list of the positions that are governed by this policy. The list shall
be available for inspection in the Human Resources office of the City.
Individuals who are applying for positions with the City and effected
employees shall be notified of the positions that are covered by this
policy.
b.
Employees who perform safety-sensitive functions as these persons
and activities are defined in the Omnibus Transportation Employee
Testing Act of 1991 and its implementing regulations, including, but
not limited to, persons who are required to process a CDL license
for the operation of a commercial vehicle, those who perform operations
on gas pipeline or facility, and all other covered employees shall
be subject to random testing. 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.
5.
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. The employee must test negative and be evaluated
and released to return to work by an Substance Abuse Professional
before being permitted to return to work.
6.
Follow-Up Testing. Follow-up testing of employees returning
to work shall be required. Employees shall submit to frequent, unannounced
random urine drug and breath alcohol testing at least six (6) times
in the following twelve (12) months after returning to work. Random
testing may be continued for a period of up to sixty (60) months from
the employee's return to work date.
[Ord. No. 3033 § 5, 2-7-2017]
A.
Workers Compensation Rules Apply.
1.
Where the employee fails to obey any rule or policy adopted
by the employer relating to a drug-free workplace or the use of alcohol
or non-prescribed controlled drugs in the workplace, the compensation
and death benefit provided for herein shall be reduced fifty percent
(50%) if the injury was sustained in conjunction with the use of alcohol
or non-prescribed controlled drugs.
2.
If, however, the use of alcohol or non-prescribed controlled
drugs in violation of the employer's rule or policy is the proximate
cause of the injury, then the benefits or compensation otherwise payable
under this Chapter for death or disability shall be forfeited.
3.
The voluntary use of alcohol to the percentage of blood alcohol
sufficient under Missouri law to constitute legal intoxication shall
give rise to a rebuttable presumption that the voluntary use of alcohol
under such circumstances was the proximate cause of the injury. A
preponderance of the evidence standard shall apply to rebut such presumption.
An employee's refusal to take a test for alcohol or a non-prescribed
controlled substance, as defined by Section 195.010, RSMo., at the
request of the employer shall result in the forfeiture of benefits
under this Chapter if the employer had sufficient cause to suspect
use of alcohol or a non-prescribed controlled substance by the claimant
or if the employer's policy clearly authorizes post-injury testing.
B.
Contractual Support Professionals.
1.
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 Federal regulations.
The City may contract for the required alcohol testing or may perform
the testing using qualified City personnel who utilize appropriate
testing equipment.
2.
The City shall engage the services of an independent contractor
to serve the City as the Medical Review Officer properly credentialed
and trained in compliance with 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 City needs to comply with Federal reporting requirements.
3.
The City shall appoint an Substance Abuse Professional for providing
of services under this policy and in compliance with Federal regulations.
C.
Education And Training.
1.
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 will also provide information
to employees regarding treatment and rehabilitation available. Employees
shall be required to confirm receipt of this policy and any revisions
and any educational materials, in writing, noting the date of receipt
and acknowledgement by signature witnessed by the supervisor providing
the materials.
2.
The City shall develop and provide training every two (2) years
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 a 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. Training shall also include a component related to objective
observation for reasonable suspicion testing, documentation and record
keeping.
[Ord. No. 3068 §§ 1
— 5, 4-17-2017]
3.
The training may include other components that the Mayor, Substance
Abuse Monitor, MRO, and/or 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.
4.
Confidentiality.
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 secure 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 contractual relationship with the City without recourse.
5.
Coordination With Other Laws And Policies.
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 Mayor or City 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 or voided, 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.
6.
Amendments. This policy is subject to amendment by the City
from time to time. Amendments that are made shall be provided to employees
who shall be required to confirm receipt of the policy revisions,
in writing, noting the date of receipt and acknowledgement by signature
witnessed by the supervisor providing the materials. Amendments shall
become effective as soon as adopted by the Board of Aldermen and provided
to the employee by the Human Resource Director.
7.
Drug Awareness Program.
a.
Employees are made aware of the drug-free workplace policy and
the dangers of drugs in the workplace though the display and distribution
of informational material. For employees performing safety-sensitive
functions, which include any duties related to the safe operation
of City vehicles and equipment, the information includes the effects
and consequences of drug use on personal health, safety and the work
environment, and the manifestations and behavioral cues that may indicate
drug use and abuse. Supervisors shall receive training on the physical,
behavioral, and performance indicators of probable drug use.
b.
The program also includes information about the availability
of drug counseling and rehabilitation as provided by the Employee
Assistance Program, if available.
8.
Appeal Rights. An employee who receives formal discipline (dismissal,
suspension without pay, demotion, or reduction in compensation) for
violation of the provisions of this policy is entitled to the appeal
rights granted in the Human Resources Manual and Administrative Rules.
