Chapter 2.26
SUBSTANCE ABUSE
Sections:
2.26.020 Prohibition regarding alcohol and/or controlled substances.
2.26.030 Current employee substance abuse testing.
2.26.040 Substance abuse testing procedures.
2.26.050 Self-recognized substance abuse.
2.26.060 Pre-employment substance abuse testing.
2.26.070 Employer conducted searches.
2.26.010 Purpose.
The town has a strong commitment to provide a safe work environment for its employees and to establish programs promoting high standards of employee health and safety. Consistent with that commitment, this policy establishes prohibitions regarding alcohol and controlled substances and the right of the town to screen or test employees to determine the presence of alcohol and/or controlled substances. (Ord. 352 §1(part), 2000)
2.26.020 Prohibition regarding alcohol and/or controlled substances.
A. The unauthorized use, sale, transfer, or possession of alcohol, drugs, controlled substances and/or mood altering substances (except the possession or use of prescribed medication, verifiable by a current, properly issued prescription) during work hours (including meal and rest periods), on town property, or in town vehicles is prohibited.
B. Reporting for work or becoming intoxicated during working hours through the use of alcohol, drugs (including prescribed medication), controlled substances and/or mind-altering substances is prohibited. Violation of this section of the policy will result in disciplinary action that may include discharge.
C. An employee utilizing prescribed and/or over-the-counter medication(s) that could adversely affect job safety or performance must immediately report that fact to the employee's supervisor. Knowledge of cautions and warnings printed on the medication container label are the sole responsibility of the employee. Consultation with the employee's attending physician, concerning the effects a substance may have on that employee, may be appropriate.
D. In the event the employee does notify the employer immediately upon reporting to work of the fact that such medication is being or will be taken, but does not immediately submit a physician's release, the department supervisor or mayor may determine that the effects of any over-the-counter or prescribed medication may, under the circumstances, impair the employee's duties and may decline to permit the employees to work until the effects of the medication subside to an acceptable level.
E. In cases where the employee is instructed by the employer to remain off work due to the possible side effects of over-the-counter or prescription medication the employee may utilize earned, but unused, sick or annual leave benefits in accordance with the employer's leave policies.
F. Violation of this section will result in disciplinary action that may include discharge. (Ord. 352 §1(part), 2000)
2.26.030 Current employee substance abuse testing.
A. The applicable substance abuse testing procedures outlined below may be initiated if one of the following events occur:
1. Management personnel concludes through objective observation, investigation, and evaluation that an employee is under the influence or impaired by the use of alcohol, drugs, and/or controlled substances;
2. Where an employee is involved in any accident due to the action, inaction, or inattention of the employee;
3. Where the town receives reliable information of involvement by the employee with alcohol and/or controlled substances based upon personnel, parents, or family members of the employee.
B. All relevant facts pertaining to an investigation conducted pursuant to the above provisions will be documented in writing and preserved for future reference by the town and the union (when applicable). Such facts will also be restricted with access and storage as stated in Section 2.26.040(G). (Ord. 352 §1(part), 2000)
2.26.040 Substance abuse testing procedures.
A. The employer will transport the suspected employee to a predetermined testing facility.
B. The employee will be requested to submit to the testing procedures. The employee has the right to refuse to submit to the tests; however, refusal to submit to the tests will be grounds for discharge.
C. The employee will provide a urine sample, a blood sample or breath sample. The urine sample will be provided for analysis to determine the amount, if any, contained in the employee's urine for all substances listed in subsection (F) of this section. The blood or breath sample will be provided for analysis to determine the amount, if any, of ethyl alcohol contained in the employee's blood or breath. A lab of the town's choosing will analyze the blood and urine samples. Certified law enforcement personnel or medical facility will analyze the breath sample.
D. Collection of the specimens will be under the direction of qualified medical or law enforcement personnel. Collection of the specimens will take place as soon as possible following the observation, accident or incident. The employee will cooperate fully in the collection of the specimens. Employee tampering with the specimens or refusal to submit to the test within a reasonable period of time will result in discharge. If the employee is physically unable to provide a urine sample, the blood sample will be analyzed by the laboratory to determine if any of those substances listed in subsection (F) of this section are present in the employee's blood. However, within twenty-four hours following the drawing of the blood sample, the employee will submit to a urine test. If the employee fails to provide the urine sample within a twenty-four-hour time frame, that action will result in disciplinary measures, which may include discharge.
E. After collection of the specimens, the employee will be transported to the employee's residence or other safe location. The employee may be suspended from work with pay until the test results become available and are evaluated.
F. All specimens will be forwarded to a lab of the town's choice for analysis. Strict adherence to the chain of custody requirements will be followed during the transportation of the specimen to the laboratory. The laboratory will analyze the specimen for the substances listed herein. The laboratory will perform initial screening, and if positive results occur, confirmatory tests on the specimen will be conducted. The confirmatory test shall be the gas chromatography/mass spectrometry (GC/MS) test.
1. Levels. The following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (Should the cutoff levels change for any reason, the newly revised cutoff levels will be used.)
|
|
Test Level |
|
Amphetamines |
700 |
|
Barbiturates |
300 |
|
Benzodiazepines |
300 |
|
Cannabinoids |
50 |
|
Cocaine metabolites |
300 |
|
Methadone |
300 |
|
Methaqualone |
300 |
|
Opiates |
300 |
|
Phencyclidine (PCP) |
75 |
|
Propoxyphene |
300 |
2. Level of the positive result for ethyl alcohol 0.04 gr/dl. The laboratory will communicate the test results to the mayor. The mayor will evaluate those results, and confer with the department head to determine the town's course of action.
G. Test results will be stored by the mayor in the City Hall vault outside the regular personnel files. Access to the file will be extremely restricted--only the mayor, department head and city clerk will have access. All records will be treated in the most confidential fashion by the town. Disclosures, without employee consent, may occur when:
1. The information is compelled by law or judicial or administrative process.
2. The information has been placed at issue in a formal dispute between the employer and the employee.
3. The information is needed by medical personnel for the diagnosis or treatment of a patient who is unable to authorize disclosure.
4. The information is necessary to resolve grievances and/or other issues involving the employer or the employee.
H. All costs associated with substance abuse testing, other than an independent analysis requested by the employee, will be paid by the employer.
I. Should analysis of the specimens indicate a negative level of a substance in an employee's system, the employee will be reinstated to the employee's former position.
J. Should analysis of the specimens indicate a positive level of a substance in an employee's system, the town will have the following options:
1. Discharge the employee; or
2. Provide the employee an opportunity to enter into a last chance agreement, which includes: the employee will be evaluated by a qualified drug/alcohol counselor to determine the extent of the employee's chemical dependency. If, in the opinion of the counselor, the employee requires rehabilitation services, the employee will be placed on a nonpaid leave-of-absence for a period not to exceed ninety days and be required to enroll in and complete a certified alcohol and/or drug rehabilitation program. An employee may use accumulated sick leave or vacation during this ninety-day period. If the employee successfully enrolls and completes the program within ninety days, the employee will be reinstated to the employee's former position. The town reserves the right of concurrence on the selection of the rehabilitation counselor, facility and program content. Cost of the rehabilitation program will be paid by the employee or medical insurance provider within contractual limitation. The employee will submit semi-weekly written progress reports from the employee's counselor during the entire treatment program. The employee will be reinstated to the employee's former position when the following conditions have been met:
a. The employee has successfully completed the treatment program within the ninety-day time period; and
b. The attending counselor has formally released the employee to return to work; and
c. The employee agrees to submit to a substance abuse test.
3. During the next twelve months following reinstatement, the employee shall consent to be tested for the presence of alcohol, drugs and/or controlled substances at any time, with or without cause. Any subsequent violation of the agreement will be grounds for immediate discharge. (Ord. 352 §1(part), 2000)
2.26.050 Self-recognized substance abuse.
Employees with a substance abuse problem must immediately notify their supervisor of their condition. For evaluation purposes, a substance abuse test may be appropriate. If, in the opinion of a qualified drug/alcohol counselor, the employee requires rehabilitation services, the employee will have an option to the guidelines as outlined in Section 2.26.040(J)(2). Any employee who complies with the above requirements prior to a violation of this policy shall be immediately granted leave without pay in accordance with Section 2.26.040(J)(2). (Ord. 352 §1(part), 2000)
2.26.060 Pre-employment substance abuse testing.
Job announcements will advise job applicants that pre-employment substance abuse testing is a town prerogative and will be performed in any manner as determined by the town. (Ord. 352 §1(part), 2000)
2.26.070 Employer conducted searches.
The town reserves the right to conduct searches of town property, vehicles, or equipment at any time or place. Failure to cooperate with these procedures, without just cause, will be grounds for discharge. (Ord. 352 §1(part), 2000)