Chapter 2.48
DRUG FREE WORKPLACE
Sections:
2.48.020 On-the-job use of alcohol, or possession, or sale of controlled substances.
2.48.030 When an employee appears under the influence.
2.48.050 Notification of urinalysis results.
2.48.060 Alcohol or controlled substance related traffic offenses on or off the job.
2.48.070 Criminal convictions.
2.48.080 Operation of equipment prohibited.
2.48.090 Noncompliance by the employee.
2.48.010 Purpose.
A. As an employer, the city is required to adhere to various federal, state and local laws and regulations regarding alcohol and substance use.
B. The city also has a vital interest, in maintaining safe, healthful and efficient working conditions for its employees. Being under the influence of a controlled substance or alcohol on the job potentially presents serious safety and health risks to the user and also to all working with the user. The possession, use, or sale of a controlled substance which may alter mental and physical abilities or the use of alcohol in the workplace also presents an unacceptable risk of safe, healthful and efficient operations.
C. Within the legal framework and with these basic objectives in mind, the parties hereby establish the following policy with regard to use, possession, or sale of alcohol or controlled substances that may alter mental and/or physical abilities. The objective of this chapter is to ensure a safe, productive work environment for everyone. Further, it is the city’s desire to help any employee who has a substance abuse problem to resolve that problem before he/she is found in violation of this chapter.
D. Professional assistance for resolving employee alcohol or substance abuse problems is available through the city’s medical insurance program. Requests for such help may be made through the mayor. Requests for this assistance will be treated confidentially and the employee will be directed to professional organizations that can provide in-patient, out-patient, and post-treatment care.
E. Whenever a supervisor has reasonable grounds to believe that an employee is under the influence of a controlled substance while on duty, another city representative shall confirm the supervisor’s observations. Before an overt action is taken under this provision directly affecting an employee, every possible effort will be made to contact and consult either the steward or his/her designated alternate. (Ord. 93-467 § 1, 1993)
2.48.020 On-the-job use of alcohol, or possession, or sale of controlled substances.
A. Alcohol. Consumption of alcohol by any employee while on duty is prohibited. Consumption of alcohol in a city facility or on city premises is prohibited unless consumed at a private or public function, or as authorized by a liquor catering permit issued by the state of Washington. Consumption of alcohol in a city vehicle is prohibited.
B. Controlled Substances.
1. Conviction of a violation of a local, state or federal offense involving the use, sale, purchase, transfer, or possession of a controlled substance by any employee shall result in disciplinary action, up to and including termination.
2. When a supervisor has reasonable grounds to believe that an employee is in possession, selling or transferring illegal controlled substances, the police shall be notified.
C. Legal Drugs and Medication. Employees who may be required to operate vehicles, equipment, or machinery as part of their employment responsibility should exercise extreme caution in the use of medication which may induce drowsiness, dizziness, or other side effects that could impair the employee’s ability to function efficiently. Employees shall notify their supervisors of the legal drugs and medications being ingested that may cause such side effects. (Ord. 93-467 § 2, 1993)
2.48.030 When an employee appears under the influence.
If an employee appears to be under the influence of a controlled substance or alcohol, or such are in the employee’s possession while on duty, immediate action is required. When this is the situation, the supervisor should do the following:
A. Under the Influence of Alcohol.
1. The supervisor with the suspicion should confront the employee in a private setting. Arrangements for transportation to the evaluation site shall be. made by the employee’s supervisor. If the employee refuses to be evaluated, arrangements shall be made for the employee to be transported home. The employee shall not be allowed to drive a city vehicle home.
2. Any employee who is determined to be under the influence of alcohol while on the job shall be subject to disciplinary action.
B. Use, Possession or Sale of Controlled Substances. When a supervisor has reasonable grounds to believe that an employee is under the influence of a controlled substance while on duty, the employee should be confronted by the supervisor in a private setting. If in the judgment of the supervisor, the employee’s condition is potentially hazardous to the safety of any individual, the supervisor may relieve the employee of such responsibilities as a necessary to protect the safety of those individuals. The supervisor shall notify the police of any possible violation of law. Management and supervisors are to restrict conversations concerning possible violations of this policy to persons participating in the evaluation, investigation or disciplinary action. Further investigation shall be at the discretion of the city. (Ord. 93-467 § 3, 1993)
2.48.040 Urinalysis testing.
A. There shall be no across-the-board or random drug testing of employees. Where there is a reasonable cause to suspect that an employee is under the influence of alcohol or controlled substances while on duty or there is reasonable cause to believe the employee is on sick leave as a result of the use of controlled substances or the habitual use of alcohol, that employee may be required to report for a drug screen urinalysis. When a supervisor has a reasonable cause to suspect that an employee is under the influence of alcohol or controlled substances, that supervisor shall have a representative of the city confirm or refute the suspicion. Before an overt action is taken under this provision directly affecting an employee, every possible effort will be made to contact and consult either the steward or his/her designated alternate. If the city deems it necessary, a test shall be arranged without delay.
B. Should the employee refuse to undergo the urinalysis test or should the test show positive for alcohol or controlled substances, a predisciplinary hearing shall be conducted. The result of that predisciplinary hearing may be that the employee enters into an authorized and agreed upon treatment program and/or that appropriate disciplinary action is taken. If the employee elects to enter a mutually agreed upon treatment program, disciplinary action may be held in abeyance. If the employee completes the program and there are no further controlled substances or alcohol violations within two years of the date of completion of the program, there shall be no record of the offense giving rise to the predisciplinary hearing.
C. The illegal use, sale, or possession of alcohol or controlled substances on city premises or while on city time constitutes grounds for immediate dismissal. (Provided, however, alcohol secured in the personal vehicle of an employee shall not in and of itself be a violation of this subsection.)
D. Only laboratories that meet the state’s standards of the draft National Institute of Health standards shall be used to conduct the tests. The labs must use tamperproof containers, have a chain-of-custody procedure, maintain confidentiality, and preserve specimens for a minimum of 60 days.
E. An initial test may, at either the city’s or the employee’s request, be confirmed by an additional test at the certified laboratory in a nearby state. Such additional test shall be at the expense of the requesting party.
F. Test results will be kept confidential. The employee will receive written notice of the initial result, information about options for a second test, and an opportunity to provide rebuttal evidence. If the test results are inconclusive or negative, the employee may be disciplined only for the incident which prompted testing, subject to the right to grieve for cause. The fact that tests were given and the results of such tests may not be used in the discipline or grievance process. (Ord. 93-467 § 4, 1993)
2.48.050 Notification of urinalysis results.
The employee being tested shall permit the city to be notified of the results of all urinalysis tests. Any employee required to undergo a urinalysis test may be given the results of that test by asking the city’s physician or the city. Failure to authorize test results to be released to the city shall result in disciplinary action, up to and including dismissal. (Ord. 93-467 § 5, 1993)
2.48.060 Alcohol or controlled substance related traffic offenses on or off the job.
It is the duty of any employee who is required to drive as part of his/her assigned duties or job classification to report to his/her supervisor any alcohol or controlled substance related traffic violation. Every employee required to drive as part of their assigned duties or job description shall annually certify that he/she has a valid driver’s license. It shall be the employee’s duty to report any restrictions imposed by law on the employee’s driving privilege. (Ord. 93-467 § 6, 1993)
2.48.070 Criminal convictions.
In accordance with the Anti-Drug Abuse Act of 1988, the city shall notify Region 10 of the Environmental Protection Agency whenever any employee is criminally convicted of a drug offense that occurs in the workplace. (Ord. 93-467 § 7, 1993)
2.48.080 Operation of equipment prohibited.
Under no circumstances shall a supervisor allow an employee who appears to be under the influence of alcohol or controlled substances to drive a vehicle. If the supervisor is unable to stop the employee from driving, the supervisor shall immediately notify the police. (Ord. 93-467 § 8, 1993)
2.48.090 Noncompliance by the employee.
Supervisors are not to use force in seeking compliance with an order. The supervisor will explain to the employee that noncompliance with a direct order is insubordination and subjects employee to discipline up to and including dismissal. (Ord. 93-467 § 9, 1993)
2.48.100 Right of appeal.
Employees disciplined for violations of this policy shall have the right of appeal through the grievance procedure. (Ord. 93-467 § 10, 1993)
2.48.110 Acknowledgement.
A copy of the city’s Substance and Alcohol Agreement shall be given to each employee with each employee acknowledging receipt in writing. (Ord. 93-467 § 11, 1993)
2.48.120 Searches.
Body cavity searches are prohibited. Sampling shall be done in a manner to insure privacy. (Ord. 93-467 § 12, 1993)