[Ord. No. 1425, § 1, 3-21-1988]
The City recognizes that the state of an employee's health affects
the employee's job performance, the kind of work the employee can
perform, and may affect the employee's opportunities for continued
employment. The City also recognizes that alcohol and drug abuse ranks
as one of the major health problems in the world. It is the intent
of this policy to provide employees with the City's viewpoint on behavioral
medical disorders, to encourage an enlightened viewpoint toward these
disorders, and to provide guidelines for consistent handling throughout
the City regarding alcohol and drug usage situations. The term "alcohol"
in this policy means intoxicating liquor.
[Ord. No. 1425, § 1, 3-21-1988; Ord. No. 3104, 9-20-2021]
The City intends to give the same consideration to persons with
chemical (alcohol or other drugs) misuse patterns or dependencies
as it does to employees having other diseases. The City is concerned
with only those situations where the use of alcohol and other drugs
seriously interferes with any employee's health and job performance,
adversely affects the job performance of other employees, or is considered
serious enough as to be detrimental to the City's business.
Early recognition and treatment of chemical dependency problems
is important for successful rehabilitation; services to the public;
and reduced personal, family, and social disruption. The City supports
sound treatment efforts. An employee's job will not be jeopardized
for conscientiously seeking assistance. Constructive disciplinary
measures may be used to provide motivation to seek assistance. Normal
City benefits, such as sick leave and the group medical plan, are
available to give help in the rehabilitation process.
A.
Policy. The City is dedicated to providing safe, quality service
to all citizens of and visitors to our community. Our most valuable
resources in providing this service are our employees. Amongst our
major goals is to provide employees with a safe, healthy, satisfying
work environment, which promotes personal opportunities for growth.
In meeting these goals, it is our policy to:
1.
Assure employees are not impaired in their ability to perform assigned
duties in a safe, productive, and healthy manner.
2.
Create a workplace environment free from the adverse effects of substance
["substance" as defined in this Section, is referring to any drug
or chemical that is regulated by the government (i.e., illegal drugs,
prescription medications) and other intoxicating substances] abuse
and/or alcohol misuse.
3.
Prohibit the unlawful manufacture, distribution, dispensing, possession,
or use of substances.
4.
Encourage employees to seek professional assistance anytime personal
problems, including alcohol and/or substance dependency or use, adversely
affects their ability to perform their assigned duties.
B.
It is the purpose of this policy to:
1.
Assure employee fitness for duty and to express our policy of zero
tolerance for substance abuse and alcohol abuse.
2.
Protect other employees and the general public from the risks posed
by the misuse of alcohol, substance abuse, and over the counter medications
with side effects causing potential impairments.
3.
Comply with all applicable State and Federal laws and regulations
governing workplace anti-drug and alcohol abuse programs.
C.
DOT 49 CFR Part 40 sets standards for collection and testing of urine
and breath specimens.
[Ord. No. 1425, § 1, 3-21-1988]
The use of any legally obtained drug, including alcohol, to the point where such use adversely affects the employee's job performance, is prohibited. This prohibition covers arriving on City premises under the effects of any drug or that adversely affects the employee's job performance, including the use of prescribed drugs under medical direction. Where physician-directed use of drugs adversely affects job performance, it is in the best interest of the employee, coworkers, and the City that sick leave be used. Any employee engaging in the misuse of alcoholic beverages on City premises is subject to disciplinary action, up to and including termination. See also Section 22-57.
[Ord. No. 1425, § 1, 3-21-1988]
A.
Illegal drugs, for the purpose of this policy, include (a) drugs
that are not legally obtainable, and (b) drugs that are legally obtainable
but have been obtained illegally.
B.
The sale, possession, purchase, transfer, or use of illegal drugs
by employees on City premises or while on City business is prohibited.
Arriving on City premises under the influence of any drug to the extent
that job performance is adversely affected is prohibited. This prohibition
applies to any or all forms of drugs when its sale, purchase, transfer,
possession, or use is prohibited or restricted by law.
1.
Any employee engaging in the sale, purchase, transfer, possession, or use of illegal drugs on City premises or while on City business is subject to disciplinary action, up to and including termination. See also Section 22-57.
2.
Any employee engaging in the sale, purchase, transfer, possession,
or use of illegal drugs off-the-job, which could jeopardize the safety
of other employees, the public or City equipment is subject to disciplinary
action, up to and including termination.
3.
Any employee arrested for the sale, purchase, transfer, possession,
or use of illegal drugs off-the-job, may be considered in violation
of this policy. In deciding what action to take, the City shall consider
the nature of the charges, the employee's present job assignment,
the employee's record with the City, and other factors relative to
the impact of the employee's arrest upon the ability of the City to
continue to conduct business.
All City employees and DOT required positions are covered by
one (1) or more of the tests provided by this policy. Substance testing
will normally be performed by urinalysis, and alcohol testing will
normally be performed by breath analysis. All regular and temporary
full-time employees are subject to these tests, additionally, part-time
employees or contract employees who routinely operate City vehicles,
construction or heavy equipment on public streets or highways are
subject to these tests.
A.
Preemployment testing.
1.
Testing for substances shall be made only after conditional offer
of employment, but prior to beginning work. This applies to all regular
and temporary full-time employees and any other employee who will
be routinely operating City vehicles, construction or heavy equipment
on public streets or highways.
2.
If the individual starts employment prior to test results being received,
the employee shall not operate any City vehicle or heavy equipment
until the substance test results have been received and verified by
the Human Resources Office.
3.
Positive test results shall result in the withdrawal of the conditional
offer of employment.
B.
Post-accident testing.
1.
All employees of any classification are subject to post-accident
substance and alcohol testing.
2.
Alcohol testing shall be completed within two (2) hours of qualified
accident. Substance testing shall be completed within thirty-two (32)
hours of qualified accident.
3.
Testing is required for:
a.
Accidents involving a motor vehicle or heavy equipment unless vehicle
or equipment was legally stopped and was struck by another party.
b.
Accidents resulting in damage to City equipment, property, or private
property caused by the operation of City vehicles or heavy equipment.
c.
Accidents resulting in an employee being cited for a traffic violation.
d.
Accidents resulting from a violation of a safety policy or procedure.
C.
Random testing.
1.
Substance and alcohol random testing shall be required of all regular
public safety and public works and utilities employees in the positions
of, but not limited to, Police Officer, and other positions that require
the employee to operate vehicles (other than passenger cars or passenger
trucks) or heavy equipment on public streets or highways. Additionally,
temporary full-time, part-time and contract employees who operate
City vehicles or heavy equipment or construction equipment on public
streets or highways shall be subject to this testing.
2.
Random testing may occur at any time and without warning.
3.
If chosen for random testing, the employee is required to report
for testing the same day as notified at the time specified by the
Human Resources Clerk unless otherwise approved by the City Administrator.
4.
Random testing or testing without individualized suspicion will only
be required of employees whose position creates the special need of
public safety.
D.
Reasonable suspicision or probable cause testing.
1.
All employees may be subject to a fitness for duty evaluation, and
urine and/or breath testing, when there are reasons to believe that
substance or alcohol use is adversely affecting job performance. A
reasonable suspicion referral for testing will be made on the basis
of documented objective facts and circumstances, which are consistent
with the short-term effects of substance abuse or alcohol misuse.
Examples of reasonable suspicion include, but are not limited to,
the following:
a.
Physical signs and symptoms consistent with controlled or prohibited
substance use or alcohol misuse.
b.
Evidence of the manufacture, distribution, dispensing, possession,
or use of controlled substances, drugs, alcohol, or other prohibited
substance.
c.
Occurrence of a serious or potentially serious accident that may
have been caused by controlled or prohibited substance abuse or alcohol
misuse.
d.
Fights (to mean physical contact), assaults, and flagrant disregard
or violations of established safety, security, or other operating
procedures.
2.
Reasonable suspicion referrals must be made by a supervisor who is
trained to detect the signs and symptoms of drug and alcohol use and
who reasonably concludes that an employee may be adversely affected
or impaired in his/her work performance due to possible substance
abuse or alcohol or controlled substance misuse. The Human Resources
Manager will be consulted to provide assistance in the determination
if the suspicion is reasonable. If the Human Resources Manager is
unavailable, a second trained supervisor should be consulted for a
second opinion.
E.
Additional testing.
1.
Return-to-duty testing. Employees who previously identified themselves
as drug or alcohol dependent must test negative on a return-to-duty
test and be evaluated and released to duty by a Substance Abuse Professional
before returning to work. A Substance Abuse Professional (SAP) is
a licensed physician or certified psychologist, social worker, employee
assistance professional, or addiction counselor certified by the National
Association of Alcoholism and Drug Abuse Counselors Certification
Commission or by the International Certification Reciprocity Consortium
for Alcohol and Drug Abuse. The SAP must also have clinical experience
in the diagnosis and treatment of drug and alcohol related diseases.
Before scheduling the return-to-duty test, the SAP must assess the
employee and determine if the required treatment has been completed.
2.
Follow-up testing shall be required of persons returning from voluntary
drug or alcohol rehabilitation programs. Employees will be required
to undergo frequent, unannounced urine and/or breath testing following
their return to duty. The follow-up testing will be performed for
a period of one (1) to five (5) years with a minimum of six (6) tests
to be performed the first year. A qualified Substance Abuse Professional
will determine the frequency and overall duration of the follow-up
tests beyond the minimum.
F.
Drug use penalties.
1.
Any employee who has a confirmed positive drug test shall be recommended
for termination of employment pending due process.
2.
Refusal to take any of the tests in this policy will be treated as
a positive test result and result in a recommendation of termination
of employment pending due process.
[1]
Editor's Note: Ord. No. 3104 also changed the title of this
Section from "Testing for drugs or alcohol" to "Substance and/or alcohol
testing."
[Ord. No. 1425, § 1, 3-21-1988]
When the City Administrator determines that it is proper in
order to protect the safety and welfare of the public or other employees,
he may direct that an employee shall take leave with pay pending the
results of drug or alcohol testing.
[Ord. No. 1425, § 1, 3-21-1988]
The results of all drug tests shall be reported directly to
the City Administrator. The results shall be confidential and released
only to the employee tested and City officials or medical personnel
with a need to know. In general, the City officials shall be limited
to no more than the Mayor, Aldermen, City Attorney, and the employee's
Department Head. Records of test results shall be kept separate from
an employee's personnel records, in a special medical file.
A.
Testing procedures.
1.
Analytical urine substance testing and breath testing for alcohol
may be conducted when circumstances warrant or as required by Federal
regulations.
2.
Testing shall be conducted in a manner to assure a high degree of
accuracy and reliability and using techniques, equipment, and laboratory
facilities which have been approved by the U.S. Department of Health
and Human Service (DHHS). All testing will be conducted consistent
with the procedures put forth in 49 CFR Part 40, as amended. The procedures
will be performed in a private, confidential manner, and every effort
will be made to protect the employee, the integrity of the substance
testing procedure, and the validity of the test result.
3.
Alternate methods may be utilized when the employee is seeking medical
treatment due to an injury.
B.
Testing parameters. Positive tests are expressed in nanograms per
milliliter.
1.
Initial test confirmation test.
2.
Urine specimens will be collected using the split specimen collection
method described in 49 CFR Part 40. Each specimen will be accompanied
by a DOT or non-DOT chain of custody and control form and identified
using a unique identification number that attributes the specimen
to the correct individual. An initial drug screen will be conducted
on the primary urine specimen. For those specimens that are not negative,
a confirmatory gas chromatography/mass spectrometry (GC/MS) test will
be performed. The test will be considered positive if the amounts
present are above the minimum thresholds established in 49 CFR Part
40, as amended. The test results from the laboratory will be reported
to a Medical Review Officer. A Medical Review Officer (MRO) is a licensed
physician with detailed knowledge of substance abuse disorders and
drug testing. The MRO will review the test results to ensure the scientific
validity of the test and to determine whether there is a legitimate
medical explanation for a confirmed positive test result. The MRO
will notify the employee of the positive laboratory result and provide
the employee with an opportunity to explain the confirmed test result.
The MRO will subsequently review the employee's medical history/medical
records to determine whether there is a legitimate medical explanation
for a positive laboratory result. If no legitimate explanation is
found, the test will be verified positive and reported to the City's
program manager. If a legitimate explanation is found, the MRO will
report the test result as negative.
3.
The split specimen will be stored at the initial laboratory until
the analysis of the primary specimen is completed. If the primary
specimen is negative, the split will be discarded. If the primary
is positive, the split will be retained for testing if requested by
the employee through the Medical Review Officer.
4.
In instances where there is a reason to believe an employee is abusing
a substance other than the seven (7) drugs listed above, the City
reserves the right to test for additional drugs under the City's own
authority using standard laboratory testing protocols.
5.
Any employee who questions the results of a required drug test may
request that the split sample be tested. This test must be conducted
at a different DHHS-certified laboratory. The test must be conducted
on the split sample that was provided by the employee at the same
time as the original sample. The employee pays all costs for such
testing unless the result of the split sample test invalidates the
result of the original test. The method of collecting, storing, and
testing the split sample will be consistent with the procedures set
forth in 49 CFR Part 40, as amended. The employee's request for a
split sample test must be made to the Medical Review Officer within
seventy-two (72) hours of notice of the original sample verified test
result. Requests after seventy-two (72) hours will only be accepted
if the delay was due to documented facts that were completely beyond
the control of the employee.
C.
Alcohol testing, process and procedure.
1.
Tests for breath alcohol concentration will be conducted utilizing
a National Highway Traffic Safety Administration (NHTSA) approved
testing device operated by a trained technician. If the initial test
indicates an alcohol concentration of two hundredths (0.02) or greater,
a second test will be performed to confirm the results of the initial
test. The confirmatory test will be performed using an NHTSA-approved
evidential breath-testing device (EBT) operated by a trained breath
alcohol technician (BAT). The EBT will identify each test by a unique
sequential identification number. This number, time, and unit identifier
will be provided on each EBT printout. The EBT printout along with
an approved alcohol testing form will be used to document the test,
the subsequent results, and to attribute the test to the correct employee.
The test will be performed in a private, confidential manner as required
by 49 CFR Part 40, as amended. The procedure will be followed as prescribed
to protect the employee and to maintain the integrity of the alcohol
testing procedures and validity of the test result.
2.
Any employee who has a confirmed alcohol concentration of greater
than two hundredths (0.02) but less than four hundredths (0.04) will
be removed from his/her position for eight (8) hours unless a retest
results in a concentration measure of less than two hundredths (0.02).
The inability to perform safety-sensitive duties due to an alcohol
test result of greater than two hundredths (0.02) but less than four
hundredths (0.04) will be considered an unexcused absence subject
to City disciplinary procedures. An alcohol concentration of four
hundredths (0.04) or greater will be considered a positive alcohol
test and in violation of this policy and a violation of the requirements
set forth in 49 CFR Part 654 for safety-sensitive employees.
D.
Alcohol use penalties.
E.
Additional employee responsibilities.
1.
Employees who may be taking either prescription medication or over-the-counter
medication which may impair their normal reaction time, distance judgment
or reasoning ability must inform their supervisor of the possible
impairment upon reporting for work. The employee should only indicate
that an impairment might exist and should not share any medical information
with their supervisor. The supervisor will then have the employee
work with the Human Resources Office so that the proper medical personnel
can determine if any restrictions are needed. If Human Resources determines
that restrictions are needed, Human Resources will notify the supervisor
of the restrictions, and the supervisor is then responsible for assigning
duties the employee may safely perform that day or shift. If no suitable
work can be assigned, the employee may be relieved from work under
sick leave.
2.
Employees who have been unexpectedly recalled for duty after consuming
medication or alcohol must inform their supervisor or person responsible
for making the recall notice. Supervisors shall not recall employees
who have consumed medication or alcohol if such recall would place
the employee in jeopardy or in violation of this Section. Alternatively,
the employee may be tested to insure a 0.00% blood alcohol content
prior to assigning employee to duty.
3.
Employees who fail to inform their supervisor as required above may
be held personally liable for any accident, which results in injury
and/or property damage and shall be subject to the penalty part of
this Section.
F.
Supervisor responsibilities. Supervisors shall arrange return to
home transportation for any employee who reports to work when:
1.
The employee may be affected by prescription or across the counter
medication.
2.
The employee may be affected or impaired by alcohol consumption.
Alcohol testing may be utilized to determine the employee's fitness
for work and/or violation of this policy or State law pertaining to
driving while intoxicated.
G.
Employee and supervisor training.
1.
All employees whose positions require a CDL or who operate vehicles
or heavy equipment weighing twenty-six thousand one (26,001) pounds
or greater must receive, on an annual basis, information on signs
and symptoms of drug and alcohol abuse, including the effects and
consequences of drug use on personal health, safety, and the work
environment.
2.
All supervisory personnel must receive sixty (60) minutes of reasonable
suspicion training on the physical, behavioral, and performance indicators
of probable drug use and sixty (60) minutes of additional reasonable
suspicion training on the physical, behavioral, speech, and performance
indicators of probable alcohol misuse at least every twenty-four (24)
months.
[1]
Editor's Note: Ord. No. 3104 also changed the title of this
Section from "Testing procedures" to "Testing procedures and parameters."
[Ord. No. 1425, § 1, 3-21-1988]
An employee who, prior to notification that he or she is suspected
of prohibited acts or drug or alcohol use, voluntarily submits to
treatment for drug abuse or alcohol abuse under a City-provided or
acceptable, private treatment and rehabilitation program shall not
be subject to disciplinary action, except if that employee thereafter
engages in a further act of prohibited drug or alcohol use. The City
Administrator may, however, require monitoring tests following such
treatment. Records of the employee's voluntary treatment shall be
held confidential in a special medical file, separate from the employee's
regular personnel file.
[Ord. No. 3104, 9-20-2021]
A.
Any employee utilizing marijuana or marijuana-infused products for medicinal purposes shall adhere to the requirements of State and Federal law, including Section 1 of Article XVI of the Missouri Constitution, as well as rules and regulations adopted by the Department of Health and Senior Services, City ordinances and City policies.
B.
All employees are prohibited from the use, possession, sale, transfer,
manufacture, distribution or purchase of marijuana or marijuana paraphernalia
for medical purposes at any time while on City premises or while conducting
City business.
C.
Any employee believed to be under the influence of marijuana while on City premises or while conducting City business shall be subject to drug testing. In accordance with Section 22-138 of this Manual, any employee who has a confirmed positive drug test shall be recommended for termination of employment pending due process.
