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HomeMy WebLinkAbout08-24-89-2.5 - Resolution - 08/24/1989 ESOL TION NO. ~.~.,~.:g~.~ A RESOLUTION AMENDING THE PERSONNEL POLICY MANUAL CREATING ,'.~."~. A FITNESS FOR DUTY POLICY STATEMENT ON DRUGS AND ALCOHOL ~-" FOR THE CITY OF COLLEGE STATION ~"1:~"_~:. WHEREAS, the City of College Station City Council has become concerned with the prevalence of illegal drug use and alcoholic beverage and prescription drug abuse within this community; WHEREAS, the use of drugs and alcohol abuse has in- vaded all aspects of our society; WHEREAS, illegal drugs and alcohol abuse affects the proper operation of the work place; WHEREAS, the City of College Station employees operate heavy equipment, machinery, motor vehicles, and emergency motor vehicles on a daily basis; WHEREAS, the purpose of the City of College Station is to promote the health and safety of the residents of this community and the assurance of substance abuse free em- ployees is a necessary requirement for assuring a healthy and safe environment for the residents of the City; WHEREAS, the City of College Station with the assis- tance of Greenleaf Hospital and Parkside Medical Center have begun training its supervisory personnel in recog- nizing the signs of alcohol and drug abuse; . WHEREAS, Texas War On Drugs, Chapter 7, "Drugs in the ~' Workplace - A Growing Problem." a study that has shown that .'~'L substance abuse on the job affects the safety of other ,.';- ~-,% employees; ~':'"':'~' ~'~11~ ~,~.:--'-' WHEREAS, Dr. Gary Newsom, a Psychiatrist, and the ~,'-' Medical Director of the Alcohol & Drug Abuse Unit of Green- [~,~ ~--~,, leaf Hospital has testified to the City Council on the ~ :.~.:::, negative effects of substance and alcohol abuse; .~ ~,~2; J'"Y '"~"~"'~"'~-- ~ ' :'-'~'-"-'-~;"" ': "' - .... -'.~-' "~.,~:~-"%'~.2~.":'~' :"~ '" ..... ::~':'7 '~"- -' ."-'- ",;~ "%~i~'~ WHEREAS, the City of College Station wants to offer every effected employee the opportunity to get alcohol and substance abuse treatment in order that each employee can provide the Community with efficient and quality service; NOW THEREFORE, BE IT RESOLVED that the City of College Station City Council hereby adopts the "Fitness for Duty Policy Statement on Drugs and Alcohol", attached as Exhibit "A" hereto, as a part of the City of College Station Per- sonnel Handbook. PASSED AND APPROVED THIS THE 24thDAY OF AUGUST, 1989. ATTEST: 00741 AM~DMm~ FITneSS FGR DUTY Pf~ICY ST~ It is the intention of this policy to eliminate substance abuse and its effects in the workplace. While the City of College Station has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. Our goal is to maintain a safe and efficient workplace, improve productivity, and to promote the health and welfare of citizens, visitors, and employees. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential referral assistance from the Personnel Department. Pre-employment Pre-employment chemical screens will be performed on all applicants being considered for employment. If a drug screen is positive at the pre-employment physical, the applicant must provide within 24 hours of request bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name or the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant's ability to perfom the job duties, and whose employment would cause a direct threat to property or safety, the applicant will not be hired. Post-employment The City of College Station prohibits employees from using, possessing or being under the influence of drugs or alcohol at work locations, or while at duty or subject to being called to duty and prohibits the selling or providing of drugs or alcohol to any other employee or to any person while such employee is on duty or subject to being called to duty. While the use of medically prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify his supervisor, before beginning work, when taking medications or drugs which could foreseeably interfere with the safe and effective performance of duties or operation of City equipment can 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 medications or drugs, clearance from a qualified physician may be required. 007412 Employees will be asked to agree to a fitness-for-duty evaluation, including a chemical-screening test. "Reasonable suspicion" is a belief based on objective facts and observable on-duty behavior 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 perfom the functions of the job is impaired or so that the employee's ability to perform his job safely is reduced. Below is a list of possible indicators that an evaluation may be necessary. accidents involving injury and/or property damage slurred s~-~cc h alcohol odor on breath unsteady walking and movement physical dispute verbal altercation unusual behavior possession of alcohol or drugs information obtained from a reliable person with personal knowledge that the employee is under the influence of drugs or alcohol Refusal to agree to submit to an alcohol and/or drug analysis when requested by management personnel shall constitute insubordination and shall be grounds for discipline up to and including termination. Managers and supervisors will receive on-going training in identifying substance abusers and all employees will participate in substance abuse awareness sessions. The drug screening (chemical analysis test) includes detection of the follow, ing drug groups: Amphetamin/Methamphetamine (e.g. Speed, Crystal) Benzodiazepines (e.g. Valium, Librium, Oxazepam, Serax, Dalmane, Ativan) Barbiturates (e.g. Amobarbital, Butabarbital, Pentobarbital, Phenobarbital, Secobarbital) Cocaine LSD Methadone Methaqualone (e.g. Quaalude) Opiates (e.g. Codeine, Heroin, Morphine, Hydromorphone, Hydrocodone) Phencycl idine (PCP) Cannabinoids/THC (Marijuana) Alcohol Any supervisor requesting an employee to submit to a drug and/or alcohol test will document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs. 007413 Be Supervisor shall notify Personnel prior to taking the employee for the chemical screen, unless occurrence is after hours or on weekends in which case the supervisor shall use his best judgement in making the decision to proceed with the chemical screen. Supervisor will meet with employee, explain reasons for requesting drug/alcohol screen, then transport employee to the designated lab for testing. Initial tests will be the Inmunoassay-First Level Screen (EMIT) and Thin Layer Chromatography (TLC). All positive test results will be confirmed Chranatography/Mass Spectrometry (GC/MS) test. using the Gas If the drug screen is positive, the employee nust provide within 24 hours of request bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription n~st be in the employee's name. If the employee does not provide acceptable verification of a valid prescription, or if the prescription is not in the employee's name, or if the employee has not previously notified his supervisor, the employee will be given the option of entering a rehabilitation treatment program in lieu of disciplinary action which could result in termination. This option will be offered once during employment. The employee, upon return to the workplace shall agree to random testing thereafter. Subse- quent positive test results shall result in disciplinary action, up to and including termination. Laboratory reports or test results shall not appear in an employee's general personnel folder. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Personnel Director. The reports or test results may be disclosed to City management on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when: 1) the information is compelled by law or by judicial or administrative process; 2) the information has been placed at issue in a formal dispute between the employer and employee; 3) the information is to be used in administering an employee benefit plan; 4) the information is needed by medical personnel for the diagnosis of treatment of the patient who is unable to authorize disclosure. Mayor Date This policy takes effect October 1, 1989. 007414