[Ord. No. 545, 3-16-2023]
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 (0) tolerance for substance 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.
4. 
Comply with the following Federal regulations:
a. 
U.S. Department of Transportation (DOT) 49 of the Code of Federal Regulations (CFR) Part 29, "the Drug-Free Workplace Act of 1988."
C. 
DOT 49 CFR Part 40 sets standards for collection and testing of urine and breath specimens.
[Ord. No. 545, 3-16-2023]
A. 
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.
1. 
Pre-Employment Testing.
a. 
Testing for substances may 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.
b. 
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 Director.
c. 
Positive test results shall result in the withdrawal of the conditional offer of employment.
2. 
Post-Accident Testing.
a. 
All employees of any classification are subject to post-accident substance and alcohol testing.
b. 
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.
c. 
Testing is required for:
(1) 
Accidents involving a motor vehicle or heavy equipment, unless vehicle or equipment was legally stopped and was struck by another party.
(2) 
Accidents resulting in damage to City equipment or property or private property caused by the operation of City vehicles or heavy equipment.
(3) 
Accidents resulting in an employee being cited for a traffic violation.
(4) 
Accidents resulting from a violation of a safety policy or procedure.
d. 
Post-accident testing shall be completed during or after necessary medical treatment within the timeframe listed above.
3. 
Random Testing.
a. 
Substance and alcohol random testing shall be required of all regular public safety employees in the positions of, but not limited to, air traffic controller, Police Officer, firefighter 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.
b. 
Random testing may occur at any time and without warning.
c. 
If chosen for random testing, the employee is required to report for testing the same day as notified before 2:00 P.M. unless otherwise approved by the Mayor.
d. 
Random testing or testing without individualized suspicion will only be required of employees whose position creates the special need of public safety.
4. 
Reasonable Suspicion Or Probable Cause Testing.
a. 
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:
(1) 
Physical signs and symptoms consistent with controlled or prohibited substance use or alcohol misuse.
(2) 
Evidence of the manufacture, distribution, dispensing, possession, or use of controlled substances, drugs, alcohol, or other prohibited substance.
(3) 
Occurrence of a serious or potentially serious accident that may have been caused by controlled or prohibited substance abuse or alcohol misuse.
(4) 
Fights (to mean physical contact), assaults, and flagrant disregard or violations of established safety, security, or other operating procedures.
b. 
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 City Clerk will be consulted to provide assistance in the determination if the suspicion is reasonable. If the City Clerk is unavailable, a second trained supervisor should be consulted for a second opinion.
5. 
Additional Testing.
a. 
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.
b. 
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.
[Ord. No. 545, 3-16-2023]
A. 
Analytical urine substance testing and breath testing for alcohol may be conducted when circumstances warrant or as required by Federal regulations.
B. 
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.
C. 
Alternate methods may be utilized when the employee is seeking medical treatment due to an injury.
[Ord. No. 545, 3-16-2023]
A. 
Positive tests are expressed in nanograms per milliliter.
1. 
Initial Test Confirmation Test.
a. 
Amphetamines (speed, uppers, amphetamines,) 1000 500.
b. 
Methamphetamines (some diet pills, etc.).
c. 
Opiates (heroin, morphine, etc.) 2000 2000.
d. 
Acetylmorphine 10.
e. 
Cannabis (marijuana, hashish, etc.) 50 15.
f. 
Cocaine (codeine will give positive test) 300 150.
g. 
Phencyclidine 25 25.
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.
[Ord. No. 545, 3-16-2023]
A. 
Any employee who has a confirmed positive drug test shall be recommended for termination of employment pending due process.
B. 
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.
[Ord. No. 545, 3-16-2023]
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 117.940 of this Manual, any employee who has a confirmed positive drug test shall be recommended for termination of employment pending due process.
[Ord. No. 545, 3-16-2023]
A. 
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.
B. 
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.
[Ord. No. 545, 3-16-2023]
A. 
Any employee who has a positive alcohol test shall be recommended for termination of employment pending due process.
B. 
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.
[Ord. No. 545, 3-16-2023]
A. 
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 City Clerk 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.
B. 
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 zero percent (0.00%) blood alcohol content prior to assigning employee to duty.
C. 
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.
[Ord. No. 545, 3-16-2023]
A. 
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.
[Ord. No. 545, 3-16-2023]
A. 
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.
B. 
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.