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HomeMy WebLinkAboutMO # 99561 MUNICIPAL ORDER NO.� A MUNICIPAL ORDER ESTABLISHING A CITY OF PADUCAH CONTROLLED SUBSTANCE ABUSE POLICY FOR ALL CITY EMPLOYEES AND INSTRUCTING THE CITY MANAGER TO AMEND ANY CONFLICTING ADMINISTRATIVE PROVISIONS TO COMPLY WITH THIS MUNICIPAL ORDER 0) BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby implements a Controlled Substance Abuse Policy for all city employees in order to provide a workforce that is free from controlled substances and alcohol. SECTION 2. The Board of Commissioners of the City of Paducah hereby instruct the City Manager to amend any conflicting administrative provisions to comply with this municipal order. SECTION 3. Municipal Order No. 990 and Municipal Order No. 993 are hereby repealed. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. IN ATTEST: Tammara S. Brock, City Clerk Adopted by the Board of Commissioners, March 25, 2003 Recorded by Tammara S. Brock, City Clerk, March 25, 2003 \mo\controlled substance abuse policy 11, Mayor RECEIVED MAR 2 7 2003 CITY OF PADUCAH CONTROLLED SUBSTANCE ABUSE G1TY_ CLERK POLICY OUTLINE POLICY STATEMENT: It shall be the policy of the City of Paducah that the workforce shall be "controlled substance" free. This policy includes the details of this compliance, a statement on the use of a controlled substance, and sources of information. It shall be the policy of the City of Paducah that no employee shall engage in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance. Controlled substances are those described in KRS 218A.020 through .140 or in regulations of the Cabinet for Human Resources. No employee shall be under the influence of alcohol while on duty or while operating a City vehicle. Any employee violating the terms of this policy statement shall be subject to termination of their employment with the City of Paducah. Law enforcement personnel engaged in the prohibited behavior as authorized by the Chief of Police, as a necessary component of an investigation, shall be exempt from this policy. The City of Paducah certifies that it shall provide a workforce that is free from controlled substances. The City will accomplish this by (a) publishing a controlled substance abuse policy; (b) implementing a controlled substance awareness program; and (c) establishing a controlled substance abuse random sampling program for all City employees in safety -sensitive positions. Employees are hereby notified that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited, whether on or off duty. As a condition of employment, employees shall: (a) abide by the terms of this policy (b) nofify_the Personnel Director of any criminal drug statute -or DUI charge, indictment and conviction for a violation occurring no later than forty-eight (48) hours after such charge, indictment, or conviction 1 The controlled substance and alcohol awareness program will inform employees about: 1. the dangers of controlled substance and alcohol abuse, 2. the City's intent of maintaining a controlled substance and alcohol -free work force, 3. any available controlled substance and/or alcohol counseling, and 4. the penalty that shall be imposed upon any employee for controlled substance and alcohol abuse violations. The controlled substance and alcohol random sampling program for City employees shall include: 1. performing unannounced random drug and/or alcohol screenings on city employees in safety -sensitive positions, equal to at least fifty percent (50%) of the entire workforce; (safety -sensitive positions means police officers, firefighters, commercial driver's license holders, employees who routinely operate city vehicles; and employees whose responsibilities include supervising the safety of citizens or other employees.) 2. performing unannounced random drug and/or alcohol screenings on at least fifty percent (50%) of employees that maintain a CDL (Commercial Drivers License) for the City of Paducah; 3. performing unannounced alcohol screenings with or without drug screenings; and 4. maintaining a process that assures each employee an equal chance of being selected. PLEASE NOTE: Random selections are computer-generated from a pool of current employees. Your name may be drawn more than once per year or not at all. 0) CITY OF PADUCAH CONTROLLED SUBSTANCE AND ALCOHOL ABUSE POLICY Our employees are our most valuable resource. For that reason, employee health and safety is our number one concern. Any drug and/or alcohol use that impairs the health and well being of our employees or threatens City business will not be tolerated. The use of illegal drugs and abuse of controlled substances and alcohol, on or off duty, is inconsistent with law- abiding behavior expected of all citizens. It also threatens the reputation of our City and our employees. Drug and alcohol use in the work place puts the health and safety of the abuser and all other workers at increased risk. Each employee has the right to work in a drug and alcohol -free environment. Early detection and treatment of drug and alcohol abuse is important for successful rehabilitation. Whenever feasible, the City will assist employees in overcoming self-reported drug and alcohol problems by providing information on treatment opportunities and programs. Acceptance of evaluation and treatment for drug and alcohol abuse is the individual employee's moral and financial responsibility. Employees with drug and alcohol abuse problems should request assistance from the Personnel Director. Assuming that a criminal charge, indictment, or conviction has not occurred, the City will treat such requests as confidential and will refer the employee to appropriate treatment and counseling services. Employees who have not been criminally charged, indicted, or convicted or who have not been found to be under the influence or alcohol or drugs while on duty, who voluntarily request the City's assistance in dealing with a drug or alcohol abuse problem may do so without jeopardizing their continued employment, provided they adhere strictly to the terms of their treatment and counseling program. At a minimum, these terms include the immediate cessation of any use of drugs or alcohol and submission to periodic unannounced drug and/or alcohol testing for at least twelve months following enrollment in the program. Voluntary requests for assistance from employees will not, however, prevent disciplinary action for violation of safety or work quality expectations. TYPES OF TESTING • Pre -Employment: before hiring • Reasonable Suspicion: any time a supervisor has reason to suspect the employee has been drinking and/or abusing drugs • Post-Accident/Incident: after any significant accident/ incident in which drugs or alcohol could possibly have been a factor • Return to Duty: (see return to duty/ rehabilitation section of this policy) • Random Testing: as part of a regular, periodic testing procedure • Follow-up Testing: individual may be subject to unannounced follow-up alcohol and/or controlled substances testing as directed by the employer and/or qualified substance abuse professional. As required by the Department of Transportation (DOT), at least 50 percent of all CDL drivers will be tested annually for controlled substances and/or alcohol. We reserve the right to test all other safety -sensitive categories of employees at the testing frequencies listed above. A comprehensive drug screen will be performed on all job applicants. PROHIBITIONS In the interest of the health and safety of employees and others with whom they come in contact during work hours, and in accordance with OSHA and/or U.S. Department of Transportation safety regulations, employees are prohibited from engaging in any of the following activities: • Using, possessing, manufacturing, distributing, dispensing, or selling an illegal drug while on company premises and/or company business, in company owned vehicles, or during work hours; • Reporting for duty within four hours after using alcohol or twelve hours after using illegal drugs; • Being under the influence, having detectable levels of an illegal drug, unauthorized controlled substance or alcohol (.02 or greater) on company premises, while on company business, or while in company owned vehicles; • Failing to adhere to the requirements of the drug treatment/ counseling program to which the employee is referred; • Failing to notify the City of any criminal charge, indictment, or conviction under criminal drug or DUI statutes within forty-eight (48) hours of the criminal charge, indictment, or conviction; • Refusing to sign a statement to abide by the City's Substance Abuse Policy; • Refusing to submit to post -accident drug and/or alcohol test; • Refusing to submit to a random drug and/or alcohol test; M • Using alcohol or non -prescribed drugs following an accident until a post -accident drug and alcohol test is done. TEST MECHANICS Urine specimens for a comprehensive drug screen will be collected and sent to a SAMSHA testing facility. Breath alcohol tests will be performed by a certified Breath Alcohol Technician. The City reserves the right to use a preliminary breath testing device (PBT) for purposes of screening individuals prior to requesting a urine sample or breathalyzer test. A positive test for unlawful drugs is defined as one which exceeds the limits provided in the Federal Regulations. A positive test for alcohol is defined as the presence of an alcohol concentration of 0.02 or greater. Being under the influence of or abuse of prescription drugs, or over the counter drugs is defined as a level of drugs which the Medical Review Officer determines impairs the employee's ability to perform the job duties. CONTRACT WORKERS & SUB -CONTRACTORS All contract employees for the City of Paducah will be subject to the provisions of this policy. The City of Paducah reserves the right to drug or alcohol test contract employees. PRE-EMPLOYMENT TESTING Pre-employment testing will be completed by all persons hired by the City of Paducah for permanent positions and safety -sensitive temporary positions, such as lifeguards and those positions requiring the employee to operate equipment and/or vehicles. REASONABLE SUSPICION/PROBABLE CAUSE TESTING Employees must submit to reasonable suspicion/ probable cause testing for drugs and/or alcohol immediately upon request by a supervisor. Supervisors will request testing following specific observations concerning the appearance, behavior, speech, and/or body odors of the employee. A written record will be made of these observations within 24 hours detailing the reason(s) the employee is suspect. The test will be performed within two hours of these observations, whenever possible. Observations that will demand reasonable suspicion testing and documentation will include, but not be limited to the following: 5 • odors of alcohol or marijuana on breath or body • slurred, inarticulate, or inappropriate speech • mental confusion or disorientation • mood swings • frequent mistakes, accidents, or injuries • bloodshot eyes, dilated, or small pupils • frequent absences • frequent restroom breaks • violent acts, hostility, and/or fighting during work hours • arrest or conviction of a drug or alcohol-related offense • direct observation of alcohol and/or drug use POST-ACCIDENT/INCIDENT TESTING As soon as possible after an accident, each employee involved in the accident will be tested for drugs and alcohol if any of the incidents, including, but not limited to the following, have occurred: • the accident involved the loss of human life • an investigation of a serious work-related accident • a citation is issued by state or local officials for a moving traffic violation • a work-related incident which may have been caused by human error If the third party administrator is not available to perform testing, the employee will go to the nearest hospital or urgent care center. Results of breath and blood tests conducted will be accepted, provided such tests conform to applicable Federal, State or local requirements. The results of the tests are to be obtained by the appropriate City representative. RANDOM TESTING At least fifty percent (50%) of the total number of safety -sensitive positions in City employment, as defined herein, excluding those employed on a temporary basis, will be tested randomly on an annual basis. In addition, many City employees are CDL drivers. At least fifty percent (50%) of the total number of CDL drivers must be tested annually as dictated by the Department of Transportation. Testing dates will be spaced throughout the year. Random tests will be unannounced until the day the test is to be performed. Employees must report for testing immediately (no more than two hours for alcohol or eight hours for on drugs) after being notified. Random selections will be made by a third party administrator using social security numbers or specified employee identification numbers. RETURN -TO -DUTY/ REHABILITATION Due to the City of Paducah's "zero tolerance" policy, return -to -duty testing will not be applicable. The only exception to this rule may occur if a person voluntarily admits to an abuse problem, has not been charged with a crime, and has not been found to have detectable levels of alcohol and/or drugs while on duty. FOLLOW-UP TESTING (Voluntary Admittance) (Required for an employee who is returning to work after an appropriate treatment/ counseling program.) The following test results are required before returning to duty: • An alcohol concentration of less then 0.02 • A verified negative controlled substance test A minimum of six (6) unannounced tests during the initial year. Testing could continue for up to five (5) years after return to duty. AUTHORIZED USE OF PRESCRIBED MEDICINE An employee undergoing prescribed medical treatment with any drug which may alter his/her physical or mental ability (i.e., drowsiness) must report this treatment to his/her supervisor. Any prescribed medications that may impair an employee's ability to perform his/her duties must be reported to the immediate supervisor and the director of personnel. The appropriate persons will determine whether a temporary change in the employee's job assignment during the period of treatment is warranted. All prescriptions or over-the-counter drugs must be kept in their original containers. REFUSAL TO TEST A person who refuses to take a drug or alcohol test under this policy will be subject to termination. Employees must sign all forms required by the testing��cility and comply with testing facility protocols as a condition of taking the test. Failure to comply will be considered a refusal and will be grounds for termination. 7 DISCIPLINARY ACTION Any employee consuming, possessing, or selling alcohol, unlawful drugs, or prescription drugs (except those reported to the employer) on the employer's premises, in City vehicles, or during work hours, or determined to have detectable levels of alcohol or unlawful drugs in their system, as defined herein, will be subject to termination. This policy covers abuse of alcohol, prescription drugs, over-the-counter drugs, and unlawful drugs. Refusal to be tested upon request will be grounds for termination. Failure to follow an agreed-upon rehabilitation program, including periodic testing for at least one year at the employee's expense, will be grounds for termination. EMPLOYEE ACKNOWLEDGMENT I have thoroughly read this Substance Abuse Policy. I have received a copy of the policy and understand its requirements. I agree, without reservation and as a condition of my employment, to follow this policy. SIGNATURE: DATE: WITNESS: 39186 X