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HomeMy WebLinkAbout1992-1982 - Ordinance - 10/22/1992ORDINANCE NO. 1982 AN ORDINANCE AMENDING CHAPTER i OF THE CITY OF COLLEGE STATION ADMINISTHATIVE POLICIES AND PROCEDURES MANUAL, SECTION 1-C(9), RELATING TO THE FITNESS FOR DUTY POLICY STATEMENT ON DRUGS AND ALCOHOL. WHEREAS, the city of College Station periodically updates its Administrative Policies and Procedures manual; and WHEREAS, the city of College Station desires to conform with the drug-free work place act of 1988; NOW, THEREFORE, BE IT ORDAINED EY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION= That Chapter i of the Administrative Policies and Procedures Manual, Section 1-C(9) relating to the fitness for duty policy statement on drugs and alcohol is hereby amended to read as follows: "9. Fitness For Duty Policy Statement On Druas And Alcohol Purpose (1) It iS the intention of this policy to eliminate substance abuse and its effects in the work- place. 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, im- prove productivity, and to promote the health and welfare of citizens, visitors, and employ- ees. (2) Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential referral assistance from the Personnel Department. b. Policy (1) Pre-employment (a) Pre-employment chemical screens will be performed on all applicants being consid- ered for employment before the offer for the job has been made. Ordinance No. 1982 Page 2 (b) If a drug screen is positive at the pre- employment physical for any of the sub- stances listed in subsection (g), the applicant must provide within 24 hours of request bona fide verification of a valid current prescription for the drug identi- fied in the drug screen. If the prescrip- tion is not in the applicant's name or the applicant does not provide acceptable ver- ification, or if the drug is one that is likely to impair the applicant's ability to perform the job duties, and whose em- ployment would cause a direct threat to property or safety, the applicant will not be hired. (2) Post-employment (a) The city of College Station prohibits employees from using, possessing or being under the in- fluence of drugs or alcohol at work locations, or while at duty or subject to being called to duty unless the employee is required as part of his job to legally possess drugs or alcohol. Employees are prohibited from selling or providing drugs or alcohol to any other employee or to any person while such employee is on duty or subject to being called to duty. (h) While the use of medically prescribed medics- tions 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 fore- seeably 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, clear- ance from a qualified physician may be re- quired. (c) 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/or observ- able on-duty behavior sufficient to lead a : 1982 Ordinance No. Page (d) (e) (f) (g) reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to per- form 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. (2) (3) (4) (5) (6) (7) (8) (9) accidents involving injury and/or property damage slurred speech 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 per- sonnel 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) in- cludes detection of the following drug groups: (1) Amphetamin/Methamphetamine (e.g. Speed, Crystal) (2) Benzodiazepines (e.g. Valium, Librium, Oxazepam, Serax, Dalmane, Ativan) (3) Barbiturates (e.g. Amobarbital, Butabarbital, Pentobarbital, Phenobarbital, Secobarbital) (4) Cocaine (5) LSD (6) Methadone (7) Methaqualone (e.g. Quaalude) Ordinance No. 1982 Page 4 Ce (8) Opiates (e.g. Codeine, Heroin, Morphine, Hydromorphone, Hydrocodone) (9) Phencyolidine (PCP) (10) Cannabinoids/THC (Marijuana) (11) Alcohol (12) Propoxylphene - a mild narcotic (darvon) Procedure (1) 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 in- fluence of drugs. (2) 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 super- visor shall use his best judgement in mak- ing the decision to proceed with the chem- ical screen. (3) Supervisor will meet with employee, ex- plain reasons for requesting drug/alcohol screen, then transport employee to the designated lab for testing, within two (2) hours or as soon as practicable. (4) Initial tests will be the Immunoassay- First Level Screen (EMIT) and Thin Layer Chromatography (TLC). (5) Ail positive test results will be con- firmed using the Gas Chromatography/ Mass Spectrometry (GC/MS) test. Ail testing shall be done in conformance with the procedures set forth in the Drug Free Workplace Act adopted by the Federal Government. (6) If the drug screen is positive, the em- ployee must provide within 24 hours of request bona fide verification of a valid current prescription for the drug identi- fied in the drug screen. The prescription must be in the employee's name. If the employee does not provide acceptable veri- fication of a valid prescription, or if Ordinance No. 1982 Page 5 (7) the prescription is not in the employeete name, or if the employee has not previ- ously 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 employ- ment. I~ the employee is required to hold a specialized license to perform the duties for hie job, then the employee shall be held to a higher standard and eubject to stricter disciplinary action, up to and including termination. The employee, upon return to the workplace shall agree to random testing thereafter. Subsequent positive test results shall re- sult in disciplinary action, up to and including termination. Laboratory reporte or test results shall not appear in an employeets general per- sonnel folder. Information of this nature will be contained in a separate confiden- tial 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 pro- cess; 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. II. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. Ordinance No. 1982 Page 6 PASSED, ADOPTED and APPROVED this .EST: ; P ~onnle Hooks, City Secretary 22nd day of October APPROVED: , 1992.