[Ord. No. 10516, 9-20-2018; Ord. No. 10621, 9-5-2019; Ord. No. 10681, 9-3-2020; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
A.
PROVISIONS APPLICABLE TO ALL EMPLOYEES AND APPLICANTS.
1.
Purpose.
It is the policy of the City of Kirkwood, Missouri, to maintain
a safe, healthy, and productive work environment for all employees
and the City's residents. To that end, the City will act to eliminate
any use, possession, concealment, sale, or distribution of illegal
or unauthorized drugs and alcoholic beverages which increases the
potential for accidents, absenteeism, substandard performance, poor
employee morale, or tends to undermine public confidence in the City's
workforce. Generally, any substance which may affect the employee's
senses, motor functions, or alter the individual's perception while
working falls within this Policy. This prohibition applies during
working hours and non-working hours if the off-duty use impacts job
performance.
This Policy provides guidelines for the detection and deterrence
of alcohol and drug abuse. It also outlines the responsibilities of
management and employees. All employees covered by this Policy should
be aware that violations of the policy may result in discipline, up
to and including termination. Applicants in violation of this Policy
will not be hired.
In recognition of the serious duty entrusted to employees of
the City and with the knowledge that drugs and alcohol do hinder a
person's ability to perform duties safely and effectively, the following
policy against drugs and alcohol is hereby adopted by the City of
Kirkwood.
2.
Policy.
The use, possession, concealment, sale, or distribution of unauthorized
drug or alcohol is absolutely prohibited. It is City policy that employees
shall not: report to work with any detectable amount of an unauthorized
drug or alcohol or be under the influence of alcohol or drugs; have
the odor of alcohol or drugs on their breath during a regularly scheduled
shift; possess drugs or alcohol on their person or property under
their control, while on duty or on compensated standby time; sell
or provide drugs or alcohol to any other employees or to any person
while such employee is on duty; test positive for unauthorized drugs
or alcohol; or work impaired as a result of the use of alcohol or
drugs.
The use of any unauthorized drug by an employee where a State
or other Country considers such drug use lawful (such as a State in
which either medical or recreational marijuana use is considered lawful,
specifically including but not limited to the State of Missouri) does
not excuse any violation of this Policy.
The use of medically prescribed medications and drugs which
are lawful under both Federal and Missouri law is not per se a violation
of this Policy. However, failure by the employee to notify his or
her Supervisor, before beginning work, when taking medication or drugs
which may interfere with the safe and effective performance of duties
or operation of City equipment may result in discipline, up to and
including termination. In the event there is a question regarding
an employee's ability to safely and effectively perform assigned duties
while using such medication or drugs, clearance from a qualified physician
may be required.
The City has established a voluntary Employee Assistance Program
(EAP) to assist those employees who voluntarily seek help for alcohol
or drug problems. Telephone numbers for the EAP are listed on posters
in the workplace, on periodic payroll stuffers, and in the employee
newsletter. Medical insurance coverage for drug and alcohol treatment
is also included in the medical plan offered by the City. Employees
wishing to obtain more information on any of these benefits should
contact the Personnel Department, the City's health insurance carrier,
or the Employee Assistance Program.
The City reserves the right to search, without employee consent,
all areas and property in which the City maintains joint control with
the employee or full control. All City vehicles are subject to search
by appropriate management personnel. Warrants will be obtained should
it become necessary to search areas beyond the City's immediate control.
Violations of this Policy will be grounds for disciplinary action,
up to and including discharge. Refusal to submit immediately to an
alcohol and/or drug analysis when requested by management pursuant
to provisions of this Substance Abuse Policy will result in termination.
Employees reasonably believed to be under the influence of alcohol
or drugs shall be prevented from engaging in further work. The employee
shall be instructed to wait for a reasonable time until an authorized
City representative can transport the employee from the work site.
3.
4.
Employee Responsibilities.
An employee must:
A.
Not report to work or be subject to duty while having any detectable
prohibited drug or alcohol in his or her system or report to work
or be subject to duty while his or her ability to perform any job
duties is or has been impaired due to alcohol or drug use, on or off
duty;
B.
Not possess or use, or have the odor of alcohol or drugs on
his or her breath during work hours, on breaks, during meal periods,
while on City property in an official capacity, or while operating
any City vehicle;
C.
Not directly or through a third party sell or provide drugs
or alcohol to any person or to any other employee while either employee
or both employees are on duty or "on call";
D.
Consent to and submit immediately to reasonable requests for
alcohol and/or drug analysis when requested by a Department Head or
his or her designee;
E.
Notify his or her Supervisor, before beginning work, when taking
any medications or drugs, prescription or non-prescription, which
may interfere with the safe and effective performance of job duties
or operation of City equipment;
F.
Provide within 24 hours of request a current valid prescription
for any drug or medication identified when a drug screen/analysis
is positive. The prescription must be in the employee's name; and
G.
Notify the Assistant Chief Administrative Officer, in writing,
of any criminal drug statute or ordinances conviction or suspended
imposition of sentence for a violation occurring in the workplace
no later than five calendar days after such conviction or suspended
imposition of sentence.
5.
Management Responsibilities and Guidelines.
A.
Managers and Supervisors are responsible for consistent enforcement
of this Policy. Any Supervisor who knowingly permits a violation of
this Policy by employees under his or her direct supervision shall
be subject to disciplinary action.
B.
Managers and Supervisors may request that an employee submit
to a drug and/or alcohol analysis when a Manager or Supervisor has
a reasonable suspicion that an employee is intoxicated or under the
influence of drugs or alcohol or is otherwise in violation of any
provision of this Policy. "Reasonable suspicion" is a belief based
on objective and articulable facts sufficient to lead a reasonably
prudent Supervisor to suspect that an employee is under the influence
of drugs or alcohol so that the employee's ability to perform the
functions of the job is impaired or so that the employee's ability
to perform his or her job safely is reduced or that the employee is
otherwise in violation of any provision of this Policy. For example,
any of the following, alone or in combination, may constitute reasonable
suspicion:
1.
Slurred speech;
2.
Alcohol on breath;
3.
Inability to walk a straight line;
4.
An accident involving City property;
5.
An accident that results in the injury of a person;
6.
Physical altercation;
7.
Verbal altercation;
8.
Behavior which is so unusual that it warrants summoning a Supervisor
or anyone else with authority;
9.
Use or possession of alcohol or drugs;
10.
Information on use or possession of alcohol or drugs provided
either by a reliable and credible source or independently corroborated;
11.
Arrest or conviction for a substance abuse offense or being
the subject of a criminal investigation into illegal drug possession,
use, or trafficking;
12.
Evidence that the employee has previously tampered with a previous
drug test.
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This list is not intended to be all inclusive of conduct which
constitutes reasonable suspicion.
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C.
Drug/alcohol tests shall be required for employees whenever
there is a pattern of on-duty accidents, an accident resulting in
property damage or any on the job injury.
D.
Any Supervisor who has reasonable suspicion that an employee
is impaired on the job by alcohol or other substance or is otherwise
in violation of any term of this Policy will, with the approval of
the Department Head, immediately arrange for a substance screening
through the Personnel Department. If a screening is required after
normal business hours, the Supervisor will make direct contact with
the facility that has been designated to perform screenings for the
City. The following procedures shall be followed:
1.
The Supervisor should document, in writing, the facts constituting
reasonable suspicion that the employee in question is impaired on
the job by alcohol or other substance or is otherwise in violation
of any term of this Policy.
2.
Any Supervisor requesting an employee to submit to a drug and/or
alcohol analysis shall be responsible for the employee's transport
to the City's designated facility where a drug and/or alcohol analysis
will be performed.
3.
Any Supervisor encountering an employee who refuses to submit
to a drug and/or alcohol analysis upon request shall remind the employee
of the requirements and consequences of this Policy. Such continued
refusal will constitute grounds for termination.
4.
Supervisors shall not physically search employees.
5.
Supervisors shall notify the Police Department when they have
reasonable suspicion to believe that an employee may have illegal
drugs in his or her possession or in an area not jointly or fully
controlled by the City.
6.
Supervisors shall not confiscate, without consent, prescription
drugs or medications from an employee.
E.
Results of Drug and/or Alcohol Analysis.
1.
Upon a negative result, the employee shall return to work.
2.
If the test result is positive, the employee will then be given
the opportunity, at the employee's expense, to have an additional
test performed on the retained specimen. If the additional test shows
a negative result, it will be assumed that the individual is not in
violation of this Policy, and the employee shall return to work. If
negative, the City will reimburse the employee for the expense of
the additional screen.
3.
If all tests indicate a positive result, the employee's Department
Head shall have the authority to determine appropriate discipline
including termination, subject to the review or approval by the City's
Chief Administrative Officer or his or her authorized administrative
officer. A single offense may result in immediate termination of employment.
6.
Pre-Employment Substance Screening and Procedure.
A.
Prospective employees will be screened for a range of chemical
substances. Any employment offer is conditional on a negative substance
screening. Refusal to consent to and participate in such testing will
automatically disqualify the applicant from further hiring considerations.
B.
The drug screen may test for any substance which could impair
an employee's ability to effectively and safely perform the functions
of his or her job. The type(s) of screening and the levels of substances
which constitute a positive screen will be determined administratively
after consultation with the City's medical services provider(s).
C.
An applicant whose initial substance screen shows a positive
result will be given the opportunity, at the applicant's expense,
to have an additional screen performed on the retained specimen. If
the additional screen of the same sample shows a negative result,
the individual will not be disqualified from City employment on account
of the previous substance screen. If the additional screen of the
same sample confirms the positive test result, the applicant will
be disqualified from consideration for City employment for 12 months.
7.
Severability.
The provisions of this Policy are severable and, if any of its
provisions shall be held unconstitutional or otherwise invalid by
any competent jurisdiction, the decision of such court shall not affect
any of the remaining provisions.
B.
ADDITIONAL PROVISIONS APPLICABLE TO EMPLOYEES IN SAFETY SENSITIVE
POSITIONS.
All City employees who hold a Commercial Driver's License (CDL) or are otherwise employed in safety sensitive positions with the City, specifically including but not limited to bargaining unit employees of the City Police Department, City's Fire Department and City's Electric Department, and all supervisory and management employees of such City Departments, shall be subject to the substance abuse testing provisions set forth in this subsection B below, regardless of whether such employees hold a CDL. All City employees who hold a CDL are also subject to the rules established under the guidelines of the Federal Motor Carrier Safety Administration (FMCSA). For avoidance of doubt, all employees engaged in safety sensitive employment positions with the City shall be subject to the substance abuse testing and procedures described below regardless of whether such safety sensitive employment position requires the employee to hold a CDL or whether the employee is a "driver" with the City. A summary of such rules, policies and procedures is as follows:
1.
Employees Covered.
All employees of the City who hold Commercial Driver's Licenses
(CDL) and all applicants for positions with assigned duties that require
a CDL are covered by the FMCSA rules and regulations.
2.
Prohibited Alcohol and Substance
Abuse Related Conduct.
Employees required to have a CDL for their position are subject
to the following prohibitions in addition to those defined elsewhere
in the City's Substance Abuse Policy:
a.
No driver shall report to duty or remain on duty with a blood
alcohol concentration of 0.02% or greater.
b.
No driver shall possess or use alcohol, including any medication
with an alcohol component, while on duty or while operating a commercial
motor vehicle.
c.
No driver shall be allowed to drive within four hours of using
alcohol.
d.
A driver involved in an accident that requires an alcohol test
may not use any alcohol until after the test is completed or eight
hours has elapsed.
e.
No driver shall refuse to submit to any required drug or alcohol
test required by post-accident, random, reasonable suspicion or follow-up
testing requirements as defined below.
f.
No driver shall report for duty or remain on duty when using
any controlled substances except those a physician has advised that
the driver may use which will not adversely affect the driver's performance.
3.
Drug/Alcohol Tests Required
by This Policy.
The City is required to administer the following types of tests
for persons operating commercial motor vehicles:
b.
Post-accident testing. Drivers will be given drug
and alcohol tests within two hours of an accident involving property
damage or bodily injury or an accident when the driver is cited for
a moving traffic violation. In cases of post-accident testing, the
employee will be transported to a medical facility or the City will
request and conduct a breath test at the worksite.
c.
Random testing. Drivers must participate in random
drug and alcohol test pools. The random test rate of the alcohol testing
pool and drug testing pool shall be determined annually in accordance
with the current random drug testing and random alcohol testing percentage
rates established under the guidelines of the FMCSA. The tests will
be spread throughout the calendar year. Random selection means that
an individual commercial driver may be selected for alcohol and/or
drug testing several times in one calendar year, or not at all.
d.
Reasonable suspicion testing. Drivers are subject
to drug and/or alcohol testing at any time during, immediately prior
to, or immediately after the driver's assigned working hours, when
based upon reasonable suspicion as defined in this Policy. In cases
of reasonable suspicion testing, the employee will be transported
to a medical facility or the City will request and conduct a breath
test at the worksite.
e.
Return to duty and follow-up testing. Before a
worker who has violated the prohibited conduct of this Policy may
return to work, he or she must take and pass drug and/or alcohol tests.
Follow-up tests are to be given at least six times within the first
year after the employee returns to duty following completion of a
rehabilitation program.
f.
Additional tests for law enforcement officers. In
addition to any other instances set forth above in this Policy, on-duty
law enforcement officers will be subject to drug/alcohol tests: 1)
when an officer's use of force results in serious physical injury
or death of any person; or 2) when a firearm is discharged by an on-duty
police officer, except when humanely killing an injured animal or
during a sanctioned Police Department activity, such as range qualification.
4.
Testing Procedures.
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. All drug tests shall be done
by a National Institute on Drug Abuse (NIDA) certified laboratory.
a.
Specimen Collection. The Personnel Department will
instruct job applicants to report to the testing site. Current employees
will be instructed by the Department Head where and when to report
for drug and/or alcohol testing. In cases of post-accident or reasonable
suspicion testing, the employee will be transported to a medical facility
or the City will request and conduct a breath test at the worksite.
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, provided,
however, the City and employees shall abide by all current DOT Rules
or Regulations, which provide additional safeguards against efforts
of employees to cheat on substance abuse testing, including a required
collection of urine under direct observation for certain return-to-duty
and follow-up tests. Breath alcohol testing will follow Federal procedures
to ensure accuracy, reliability and confidentiality.
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.
b.
Nature of Tests. Drug testing. Drug testing will
be performed on urine samples. The initial test will be done by the
Enzyme Immunochemical Assay Method (EMIT) or a similarly approved
testing 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. 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 72 hours
of employee's notice of a positive result. The split sample will be
tested at the employee's expense. If the second test is negative,
the test will be deemed to be negative and the cost of the test for
the split sample will be paid for by the City or reimbursed to the
employee if already paid by the employee. Job applicants do not have
the right to split samples.
c.
Alcohol Testing. Alcohol testing will be done by
using Evidential Breath Testing Devices (EBT) approved by the National
Highway Traffic Safety Administration. Two breath tests are required
to determine if a person has a prohibited alcohol concentration. Breath
Alcohol testing requires the individual to provide a breath sample.
Should the initial breath sample have a result of 0.02% blood alcohol
content or greater, a confirmation test will be conducted within 20
minutes using an EBT that prints out the results, date, and time,
a sequential number, and the name and serial number of the EBT to
ensure reliability of the results. A positive test will be reported
to the City of Kirkwood only if the initial and confirmatory tests
measure a blood alcohol concentration at or above 0.02% by weight.
d.
Refusal to Test. All employees covered by this
Policy are required to submit to the alcohol or drug tests as provided
herein. 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. Such a refusal
is grounds for immediate termination.
5.
Test Results.
a.
Drug Tests. The Medical Review Officer (MRO) will
review positive drug test results with the employee before they are
reported to the City to determine if there is a legitimate medical
explanation to account for the laboratory results. The Medical Review
Officer will report to the City whether an employee's drug test was
positive or negative. If positive, the substance(s) 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 if
the employee cannot be reached after reasonable effort by the Medical
Review Officer.
Following a positive test result, the employee will be removed
from his or her safety sensitive function until, at a minimum, the
employee undergoes evaluation and, when necessary, rehabilitation;
after a Substance Abuse Professional (SAP) determines that the employee
has successfully complied with any required rehabilitation; and after
the employee takes a return-to-duty test with a verified negative
test result.
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.
b.
Alcohol Tests. If an alcohol breath test results
in a reading of 0.02 - 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 24 hours. If an alcohol breath test results in
a reading of 0.04% blood alcohol content or greater, in addition to
the above, the employee must meet with a Substance Abuse Professional
(SAP). The SAP will determine what assistance, if any, the employee
needs in resolving problems associated with alcohol use and when the
employee may return to work. Provided, however, nothing contained
in this paragraph shall in any way limit the right of the City to
take disciplinary action as it deems appropriate for any positive
alcohol (or drug) test, including immediate termination of employment.
c.
Confidentiality. The results of any positive test
shall be kept confidential from the general City work force and public.
The results may be known to the employee, test facility, the Medical
Review Officer and Substance Abuse Professional and those Department
Heads necessary. 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.
The Medical Review Officer, Substance Abuse Professional and
the City shall not release the individual test results of any employee
to any unauthorized party without first obtaining written authorization
from the tested individual.
6.
Actions Taken in Response
to Test Results: Refusal to be Tested.
a.
Refusal/What Constitutes Refusal. 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 immediate termination.
b.
Positive Drug Test. An employee whose drug test
result is reported to the City as positive shall be immediately referred
to a Substance Abuse Professional for evaluation and may be subject
to disciplinary action up to and including dismissal.
c.
Alcohol Test. An employee whose breath test results
in a reading of 0.02% - 0.039% blood alcohol content shall be removed
from duty and not returned to work for at least 24 hours, and all
hours not worked shall be recorded as lost time. An employee who has
a continuing pattern of breath test results between 0.02% - 0.039%
blood alcohol content shall be referred to a Substance Abuse Professional
for evaluation and may be subject to disciplinary action up to and
including dismissal.
An employee whose breath test results in a reading of 0.04%
blood alcohol content or greater shall be removed from duty and not
returned to work for at least 24 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.
Provided, however, nothing contained in this paragraph shall
in any way limit the right of the City to take disciplinary action
as it deems appropriate for any positive alcohol (or drug) test, including
immediate termination of employment.
d.
Subsequent Positive Test(s). An employee whose
drug test result is reported to the City as positive or whose breath
test result is 0.04% blood alcohol content or greater and who has
previously had positive drug tests or previous breath tests with a
result greater than 0.04% blood alcohol content or who has previously
been referred to a rehabilitation program under the provisions of
this Policy shall be subject to disciplinary action up to and including
dismissal.
e.
Rehabilitation. Failure to immediately begin an
approved rehabilitation program, successfully complete the program
and/or participate in required or recommended aftercare may result
in disciplinary action up to and including dismissal.
7.
City's Right to Discipline. Regardless of any prevision
of this Policy, the City has the right to take immediate disciplinary
action for any violation of this Policy, including termination.
8.
Return To Work — Conditions. An employee
who tests positive for illegal drug/alcohol use cannot return to work
until he or she meets all of the following conditions:
Successfully completes a City approved rehabilitation program
as directed by the Substance Abuse professional or as required by
this Policy;
No further use of a controlled substance as indicated by a negative
drug/alcohol test result at the time of release;
Obtains a full, written release and recommendation to return
to duty from the treatment facility doctor and/or counselor;
Continues to participate in any program of after-care required
by the rehabilitation facility doctor and/or counselor;
Agrees to be subject to post-rehabilitation unannounced follow-up
testing as determined by the Substance Abuse Professional after consultation
with the City, for 12 months after reinstatement.
9.
Department Heads (or Supervisors) have the following specific
duties.
Department Heads must produce drivers for post accident drug
and alcohol testing within two 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's Human Resources Manager.
Whenever drug or alcohol tests are required under this Policy,
Department Heads must produce the driver for those tests, and when
current impairment is reasonably suspected, the Department Head shall
not allow the employee to drive.
Observations supporting a Department Head's reasonable suspicion
of drug or alcohol use must be made just before, during or just after
the employee operates a commercial motor vehicle. These observations
must be reduced to writing within 24 hours of the observation.
Whenever drug or alcohol tests are required by this Policy and
the employee is not tested within eight hours of notice of the need
to test, the Department Head shall explain, in writing, why the test
or tests were not performed.
10.
Review of Test Results. The City will employ a
Medical Review Officer (MRO) to review the drug test results. The
MRO shall be a licensed physician with knowledge of drug abuse disorders.
11.
Return to Work; Drug Test. In order to recommend
return to work after a positive drug test, the MRO shall ensure the
employee has subsequently tested drug free, been evaluated by a rehabilitation
program counselor, and ensure the employee is in compliance with rehabilitation
conditions.
The MRO shall determine whether and when a return to duty recommendation
shall be made for an employee who has failed a drug test or refused
to be tested and shall determine the schedule for return to work drug
testing.
Only the Medical Review Officer may review and interpret each
positive drug test and after conferring with the employee, report
the results to the City.
12.
Substance Abuse Professional. The City will also
employ a Substance Abuse Professional (SAP). The SAP shall be a licensed
physician (M.D. or D.O.) or a licensed psychologist, social worker,
employee assistance professional or an addiction counselor (certified
by MHADACCC) with knowledge of and clinical experience in the diagnosis
and treatment of alcohol-related disorders.
13.
Return to Work; Alcohol Test. In order to recommend
return to work after an alcohol test which indicates a blood alcohol
content greater than 0.04%, the SAP must first evaluate the employee
to determine whether the employee has an alcohol problem.
If it is determined by the SAP that an employee has an alcohol
problem which requires assistance, the employee shall be subject to
counseling, treatment and follow-up alcohol testing as directed by
the SAP. Follow-up testing shall only occur just before, during or
just after the employee operates a commercial motor vehicle.
14.
Consequences. Besides the penalties set out by
the City for violations of this Policy, the following consequences
are required by the FMCSA which was established within the Department
of Transportation (DOT) on January 1, 2020, and formerly been a part
of the Federal Highway Administration (FHA) rules:
No driver may drive if they have used a listed drug,[2] and no driver may drive within four hours of using alcohol
or at any time when an alcohol test indicates an alcohol concentration
of 0.04% or greater.
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.
A driver tested with an alcohol concentration greater than 0.02%
and less than 0.04% may not drive or perform other safety sensitive
functions for 24 hours after the test.
Federal civil penalties for breach of the Federal rules range
between $1,000 to $10,000 for each offense. Federal criminal penalties
for violations of the Federal rules range between $1 and $25,000 for
each offense or up to one year imprisonment for each offense.
[2]
NOTE: Marijuana (THC metabolite), cocaine, amphetamines, opiates
(including heroin) and phencyclidine (PCP).
15.
Prior Testing Histories. All applicants for or
seeking a transfer to a safety sensitive position shall be required
to provide information on any prior testing as required by applicable
Federal law.
C.
EMPLOYEE DRUG/ALCOHOL EDUCATION (All Employees).
1.
Each employee shall be given educational materials that explain
the City policies. CDL drivers will receive this information before
the implementation of the drug and alcohol testing program begins.
All new employees shall receive this information upon being hired.
Employees receiving this information shall sign a statement certifying
they have received this information and this receipt shall be retained
by the Personnel Department.
2.
Employee Drug and Alcohol Educational
materials shall have at least the following content:
a.
The identity of the person(s) designated to answer employee
questions about the City's rules and testing programs.
b.
Information explaining the effects of alcohol and drugs on health,
work and personal life, the symptoms of alcohol or drug problems and
available methods of intervention including confrontation, referral
to EAP and discipline.
c.
Information explaining when CDL drivers are subject to Federal
Drug and Alcohol testing rules.
d.
Explanations of employee conduct which is prohibited by these
Personnel Rules and Regulations and the circumstances under which
an employee will be tested.
e.
The drug and alcohol test procedures.
f.
An explanation of when testing is required by Federal rules.
g.
An explanation of what constitutes a refusal to test.
h.
An explanation of the consequences of violations of these Personnel
Rules and Regulations.
i.
An explanation of the consequences of having an alcohol concentration
greater than 0.02% but less than 0.04%.
3.
Supervisors shall receive, in addition to the general employee
information, training in alcohol misuse and training in drug use.
The training shall cover physical, behavioral, speech and performance
indicators of drug use and alcohol use and may also cover the physiologic
and psychological aspects of addiction, how to detect and document
early deterioration of job performance, the issues of drug testing
and prevention and educational strategies, including how to implement
them.
D.
FMCSA DRUG AND ALCOHOL CLEARINGHOUSE PROVISIONS.
1.
General Information.
Effective January 6, 2020, FMCSA Regulations establishing a
database that will contain information about violations of DOT/FMCSA
Drug and Alcohol programs for holders of CDL's went into effect. This
database is called the Commercial Driver's License (CDL) Drug and
Alcohol Clearinghouse. Under these Regulations, the City, the MRO
and SAP's are required to report violations of DOT Drug and Alcohol
testing regulations by applicants and employees.
2.
Clearinghouse Searches.
The City is required to conduct a search or "query" of the Clearinghouse
for all applicants and on an annual basis for all current employees.
As a condition to be considered for employment (applicants) or in
order to continue to be employed (employees), applicants and employees
must provide the necessary consent, including electronic consent when
applicable, to allow for the City to conduct the query.
3.
Personal Information to be Reported by City to the Clearinghouse.
Applicants and employees should be aware that the City is required
to collect, maintain and report information to the Clearinghouse as
to the following:
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A verified positive, adulterated, or substituted drug test result;
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An alcohol confirmation test with a concentration of 0.04% or
higher;
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A refusal to submit to any drug or alcohol test;
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The City's actual knowledge, as defined in 49 CFR § 382.107,
of:
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On-duty alcohol use pursuant to 49 CFR § 382.205;
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Pre-duty alcohol use pursuant to 49 CFR § 382.207;
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Alcohol use following an accident pursuant to 49
CFR § 382.209; and
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Controlled substance use pursuant to 49 CFR § 382.213.
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A Substance Abuse Professional's report of the successful completion
of the return-to-duty process;
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A negative return-to-duty test; and
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The City's report of completion of follow-up testing.
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