It is the policy of the City that, to the maximum extent possible in conformance with existing law and the privacy interests of citizens, the City should provide a workplace free from use of drugs, and that City employees should not be allowed to work under circumstances where serious harm to the public or to other employees could reasonably be expected to result from undetected drug use. To this end, all external candidates in classifications or positions identified as posing such a risk who have been given a conditional job offer shall be required to undergo a drug screening examination that complies with the requirements of this chapter.
(Ord. 26969 § 1, 2002-07-23)
Terms used in this chapter shall have the meaning given to them in this chapter unless, where used, the context thereof clearly indicates to the contrary. Terms not expressly defined herein shall have the meaning as defined elsewhere in this Code, and, where not defined in the Code, shall be defined by their common dictionary definitions. Words and phrases used herein in the past, present, or future tense include the past, present, and future tenses. Words and phrases used herein in the masculine, feminine, or neuter gender shall include the masculine, feminine, and neuter genders. Words and phrases used herein in the singular or plural shall include both the singular and plural, unless the context thereof indicates to the contrary.
“External candidates”
mean candidates to be new employees of the City not already employed in any classification, including candidates applying for appointive or civil service positions, and for regular, temporary, emergency, and project positions covered by this chapter.
“Hazardous job circumstances”
mean the probable on-the-job occurrences or conditions that may be reasonably expected to increase the risk of serious injury to others that arise from performing the job duties of the particular position to be filled.
“Hazardous job duties”
mean functions set forth in the class specification that an employee, holding the particular position to be filled within that classification, performs, where said functions pose a potential risk of serious injury to others if not performed properly.
“Normal workweek”
mean the specific employee’s usual and assigned weekly hours of employment.
“Pre-employment drug screening”
means a urinalysis test for controlled substances as determined by the Human Resources Director, required as part of a pre-employment physical after the offer of employment has been made but prior to final hire.
“Usual job duties”
mean those functions set forth in the class specification that an employee holding the particular position to be filled within that classification may be reasonably expected to perform.
(Ord. 26969 § 1, 2002-07-23)
The City shall comply with all federally-mandated pre-employment drug screening programs, as now existing or hereinafter adopted, without modification.
(Ord. 26969 § 1, 2002-07-23)
Pre-employment drug testing for external candidates shall be required for the following positions within City employment:
A. 
All positions of commissioned police officers. No further determination shall be required.
B. 
All positions of commissioned fire fighters. No further determination shall be required.
C. 
All positions requiring a commercial driver’s license (“CDL”). The City’s Risk Manager shall certify a list of said positions.
D. 
All positions of the Belt Line Railway operation required to be tested by federal law. No further determination shall be required.
E. 
All positions in the Legal Department identified, pursuant to the procedure set forth in this chapter, by the City Attorney, or his or her designee, and approved by the Human Resources Director, as regularly charged with the interpretation and enforcement of City, state, and federal laws regarding illegal use, sale, or distribution of drugs or alcohol.
F. 
All positions in the Legal Department or Police Department identified, pursuant to the procedure set forth in this chapter, by the Police Chief, or his or her designee, and approved by the Human Resources Director, as regularly charged with the handling, examination of, or storage of drugs seized during the enforcement of City, state, and federal laws, regarding illegal use, sale, or distribution of drugs.
G. 
All positions in the Legal Department, Police Department, and Municipal Court identified, pursuant to the procedure set forth in this chapter, by the respective directors or designees thereof, and approved by the Human Resources Director, as regularly charged with the computer entry, manipulation, or retrieval of data related to persons charged with violation of City, state, and federal laws regarding illegal use, sale, or distribution of drugs.
H. 
All positions in the classification of Watershed Inspectors and such supervisory watershed personnel authorized to carry firearms in the performance of job duties. No further determination shall be required.
I. 
All positions identified, pursuant to the procedure set forth in this chapter, by the respective directors or designees thereof, and approved by the Human Resources Director, whose usual job duties include the operation of motor vehicles on public streets and highways.
J. 
All positions identified, pursuant to the procedure set forth in this chapter, by the respective Directors thereof, and approved by the Human Resources Director, whose usual job duties include the operation of equipment, instruments, or machinery or other instrumentalities capable of causing serious bodily injury to a member of the public or a fellow employee if used improperly due to drug or alcohol impairment.
K. 
All positions identified, pursuant to the procedure set forth in this chapter, by the respective Directors thereof, and approved by the Human Resources Director, whose usual job duties include working with or use of hazardous substances capable of causing serious injury to a member of the public or a fellow employee if used improperly due to drug or alcohol impairment,
L. 
All positions identified, pursuant to the procedure set forth in this chapter, by the respective Directors thereof, and approved by the Human Resources Director, whose usual job duties entail providing safe directions or instructions to members of the public or fellow employees in hazardous circumstances, such as, but not limited to, traffic flaggers at road work or construction sites.
M. 
All supervisory positions filled by external candidates identified, pursuant to the procedure set forth in this chapter, by the respective directors thereof, and approved by the Human Resources Director, whose usual job duties entail giving instructions, orders, or directions in hazardous circumstances to employees specified in this chapter.
(Ord. 26969 § 1, 2002-07-23)
A. 
Permission to add any classification or position to the classifications and positions specified in this chapter as subject to pre-employment drug screening shall be granted by the Human Resources Director for a given vacancy only if the personnel requisition form to fill the vacancy is accompanied by a completed checklist as specified by the Human Resources Director. The Human Resources Director shall devise a checklist consistent with Chapter 1.25.
B. 
The Human Resources Director shall carefully review each such requisition, and shall grant or deny the testing for the vacancy. No pre-employment testing shall be granted under this procedure except upon satisfaction of the criteria set forth in this chapter.
(Ord. 26969 § 1, 2002-07-23)
The Human Resources Director shall post a list of all classifications in the City Service, both classified and unclassified, for which pre-employment drug screening examinations are required by this chapter.
(Ord. 26969 § 1, 2002-07-23)
The Human Resources Director may make and issue administrative rules and regulations to properly implement and administer the provisions of this chapter.
(Ord. 26969 § 1, 2002-07-23)
A. 
Any administrative rules and regulations adopted pursuant to Section 1.25.800 are for the administrative and procedural guidance of the officers and employees of the City, and are further expressions of the public policy of the City. Such rules and regulations, when adopted, shall not confer an independent cause of action or claim for relief cognizable in the courts of the state of Washington or the United States of America to any third parties.
B. 
Neither the provisions of this chapter, nor the rules or regulations adopted pursuant to this chapter, nor the actions by City officials and employees in implementing this chapter shall confer the status of third-party beneficiaries upon any member of the public.
(Ord. 26969 § 1, 2002-07-23)
If any section of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, then the remaining sections of this chapter, or the application of the provisions to other persons or circumstances, shall not be affected.
(Ord. 26969 § 1, 2002-07-23)