[Ord. No. 939 §§1-5, 2-25-1985]
There is hereby authorized a Personnel Policy Code for the City
of Hermann, applicable to all appointive employees of the City of
Hermann, and to the hiring, termination, disciplining, and provision
of benefits and conditions of employment, which Personnel Policy Code
may be adopted and amended from time to time by resolution of the
Board of Aldermen.
[Ord. No. 834 §1, 8-25-1980; Ord. No. 1024 §1, 8-16-1988; Ord. No. 1041 §§1, 3, 8-21-1989; Ord. No. 1351 §1, 3-16-2001]
A.
The
City of Hermann is a "political subdivision," as
defined in Section 70.600 through 70.755, RSMo., 1986, and hereby
elects to have covered by the Missouri Local Government Employees
Retirement System all of its eligible employees who shall be limited
to the class of regularly employed full-time employees and continuous
part-time employees, as said terms are defined in the Personnel Policy
Code of the City of Hermann, whose employment schedules will result
in not less than one thousand five hundred (1,500) compensable hours
per calendar year, but excluding all temporary or seasonal employees
regardless of the number of compensable hours of employment per year;
and to cover under benefit program L-1 such employees of the following
classes:
B.
The
City of Hermann hereby elects that one hundred percent (100%) of prior
employment be considered for prior service credit in computing benefits
and contributions to the system.
C.
The
City of Hermann, an employer under the Missouri Local Government Employees'
Retirement System, hereby elects the following:
1.
To adopt no change in the contributions from covered employees, keeping
the requirement of no contributions from covered employees in accordance
with the provisions of Sections 70.705 and 70.730, RSMo., 2000.
2.
To adopt a change in the method of determining a member employee's
final average salary, electing a thirty-six (36) consecutive-month
period for determining a member employee's final average salary in
accordance with Sections 70.600 and 70.656, RSMo., 2000.
3.
To adopt no change in the Benefit Program of member employees, keeping
Benefit Program L-1 as defined in Section 70.655, RSMo., 2000.
4.
To adopt no change in the Benefit Program of member employees, keeping
member employees' option of Retirement upon attaining minimum service
retirement age.
D.
The
City Clerk shall certify this election to the Missouri Local Government
Employees' Retirement System within ten (10) days after the effective
date hereof. Such election shall be effective on the first (1st) day
of April, 2001.
[Ord. No. 330 §§1-5, 8-6-1951]
A.
It
is hereby declared to be the policy and purpose of the City of Hermann
to extend, at the earliest date, to all eligible employees and elective
or appointive officials of said City who are not excluded by law or
by this Chapter, and whether employed in connection with a governmental
or proprietary function of said City, the benefits of the system of
Federal Old-Age and Survivors Insurance as authorized by the Social
Security Act Amendments of 1950, and by Senate Committee Substitute
for Senate Bill No.3 of the 66th General Assembly of the State of
Missouri and amendments thereof, as the same may be now and hereafter
in effect.
B.
The Mayor and City Clerk of the City of Hermann, are hereby authorized and directed, on behalf of this City, to prepare, execute and submit to the Office of Administration, Division of Accounting, of the State of Missouri, as State Agency of the State of Missouri, a plan and agreement for extending said benefits to said eligible employees and elective and appointive officials of the City of Hermann, in the form prepared by the State Agency and hereby approved and adopted by the Board of Aldermen of this City, which plan and agreement are to become effective upon approval thereof by the State Agency, and are further authorized and directed to execute agreements and modifications and amendments thereof with said State agency, providing for the extension of said benefits to said employees and elective and appointive officials as set forth in said plan and agreement, as provided for in Subsection (A) hereof, said plan and agreement to provide that said extension of benefits is to be effective on January 1, 1951.
C.
Commencing
on the first (1st) day of the month following the date of the approval
of the plan and agreement of this City by the State Agency, there
shall be deducted from the wages of all employees and elective and
appointive officials of the City of Hermann, to whom the benefits
of said system of Federal Old-Age and Survivors Insurance are extended
by virtue of the plan and agreement hereinbefore provided for, the
amount of each of said employees' and elective and appointive officials'
contributions, as determined by the applicable State and Federal laws
and by said plan and agreement, the aggregate amount of said deductions
to be paid into the Contributions Fund created by the Senate Committee
Substitute for Senate Bill No. 3 of the 66th General Assembly of the
State of Missouri; provided, however, that from the first (1st) payment
of wages made to each of said employees and elective or appointive
officials after the benefits of said system have been extended to
such employees and elective and appointive officials, there shall
be deducted a sum equal to the amount which would have been due and
payable from each of said employees and elective and appointive officials
had said extension benefits been provided and effective on January
1, 1951.
D.
Commencing
on the first (1st) day of the month following the date of the approval
of the plan and agreement of this City by the State Agency, there
is hereby authorized to be appropriated from the general revenue fund,
waterworks fund, and cemetery fund of the City of Hermann, and there
is, and shall be, appropriated, the sum or sums of money necessary
to pay the contributions of the City of Hermann, which shall be due
and payable by virtue of the extension of the benefits of the Federal
Old-Age and Survivors Insurance System to the eligible employees and
elective and appointive officials of said City, said sum or sums of
money to be paid into the contribution fund created by Senate Committee
Substitute for Senate Bill No. 3 of the 66th General Assembly of the
State of Missouri; provided, however, that in making the first payment
to said contributions fund, after the benefits of said system have
been extended to such employees and elective and appointive officials,
said first (1st) payment shall include a sum equal to the amount which
would have been due and payable had said extension of benefits been
provided and effective on January 1, 1951. The fund from which said
appropriation is made will, at all times, be sufficient to pay the
contributions of the City by this Section directed to be paid to said
contributions fund.
E.
The
City of Hermann, from and after the approval of the plan and agreement
of this City by the State Agency, shall fully comply with, and shall
keep such records, make such reports and provide such methods of administration
of said plan and agreement as may be required by all applicable State
and Federal laws, rules and regulations, now and hereafter in effect
with respect to the extension of the benefits of the Federal Old-Age
and Survivors Insurance System to the employees and elective and appointive
officials of this City. For the purpose of administering said plan
and agreement the City Clerk of this City shall be the official who
shall make all required reports, keep all records, and be responsible
for the administration of said plan and agreement on behalf of this
City and any and all notices and communications from the State Agency
to this City with respect to said plan and agreement shall be addressed
to "City Clerk of the City of Hermann, Missouri."
[1]
Editor's Note — Ord. no. 1866 §1, adopted March 26, 2012, repealed art. II "substance abuse policy" of ch. 135, sections 135.040 — 135.100 and enacted new provisions set out herein. Former sections 135.040 — 135.100 derived from ord. no. 1087 §§1 — 7, 6-10-1991. Subsequently, Ord. No. 2171, adopted November 11, 2019, repealed art. II, Sections 135.040 through 135.180, which derived from Ord. No. 1866, as noted above, and enacted new provisions set out herein.
Subsequently, Ord. no. 2367, adopted September 25, 2023, repealed art. II "Drug- And Alcohol-Free Workplace Policy," containing Sections 135.040 through 135.240. Prior history includes: Ord. No. 2171.
[Ord. No. 2367, 9-25-2023]
A.
The City of Hermann considers its employees to be its most valuable
resource and is concerned about the health, safety, well being, and
satisfactory work performance of all employees. The use, abuse, and
dependence on alcohol and/or drugs can seriously affect the health
of employees, jeopardize their own safety and that of others, and
impair job performance.
B.
It is the policy of the City of Hermann to comply with all applicable
State and Federal laws in the administration of creating and sustaining
a drug- and alcohol-free workplace.
C.
It is the policy of the City of Hermann that the unlawful manufacture,
distribution, dispensing, possession, use, or being under the influence
of a controlled substance is prohibited in the workplace. Any employee
determined to be in violation of this policy while on-duty or when
wearing a City of Hermann uniform, whether on-duty or off-duty, is
subject to disciplinary action, which may include termination.
D.
The City of Hermann, pursuant to the Omnibus Transportation Employee
Testing Act, effective 1991, and as amended, hereby declares and establishes
the following Drug and Alcohol Testing Policy for employees of the
City of Hermann (hereinafter referred to as the City).
E.
The City of Hermann Drug- and Alcohol-Free Workplace Policy shall
be implemented on January 1, 1997.
F.
A period of thirty (30) days’ notice is given to employees
before the implementation of the Drug and Alcohol Testing Policy set
forth below. At such time as changes to the policy may become necessary,
the City will give employees at least thirty (30) days’ notice
before the changes shall take effect.
G.
The City shall post a copy of the Drug- and Alcohol-Free Workplace
Policy, and any changes to the policy, in a prominent employee access
area in the place of employment and shall give a copy of the policy
and any changes to the policy to each employee and to each applicant
upon his or her receipt of a conditional offer of employment with
the City.
[Ord. No. 2367, 9-25-2023]
As used in this Policy, the terms listed below shall have the
following meanings:
Ethyl alcohol or ethanol.
A person who has applied for a position of employment with
the City.
An individual who instructs and assists in the alcohol testing
process and operates an evidential breath testing device (“EBT”).
The City of Hermann
A motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle:
Has a gross combination weight of twenty-six thousand one (26,001)
or more pounds inclusive of a towed unit with a gross vehicle weight
rating of more than ten thousand (10,000) pounds; or
Has a gross vehicle weight rating of twenty-six thousand one
(26,001) or more pounds; or
Is designed to transport sixteen (16) or more passengers, including
the driver; or
Is of any size and is used in the transportation of hazardous
materials requiring placards.
A drug or alcohol test on a sample to substantiate the results
of a prior drug or alcohol test on the same sample and which uses
different chemical principles and is of equal or greater accuracy
than the prior drug or alcohol test.
Any person who operates a commercial motor vehicle (“CMV”).
For the purposes of pre-employment testing, the term “driver”
includes a person applying to drive a commercial motor vehicle.
Amphetamines, cannabinoids, cocaine, phencyclidine (PCP),
hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines,
propoxyphen, synthetic narcotics, designer drugs, or a metabolite
of any of the substances listed herein.
A chemical test administered for the purpose of determining
the presence or absence of a drug or its metabolites or alcohol in
a person’s bodily tissue, fluids or product.
Any person who is an employee of the City.
An in-house or contracted program, which, at a minimum, provides
drug and alcohol dependency evaluation and referral services for substance
abuse counseling, treatment or rehabilitation.
A person who is qualified by the State Board of Health, who
is responsible for receiving results from a testing facility which
have been generated by the City’s drug or alcohol testing program,
and who has knowledge and training to interpret and evaluate an individual’s
test results and the individual’s medical history and any other
relevant information.
A mechanism for selecting employees for drug or alcohol testing
that:
A belief that an employee is using or has used drugs or alcohol
in violation of the City’s written policy drawn from specific
objective and articulable facts and reasonable inferences drawn from
those facts in light of experience and which may be based upon, among
other things:
A report of drug or alcohol use while at work or on-duty, provided
by reliable and credible sources and which has been independently
corroborated; or
Evidence that an individual has tampered with a drug or alcohol
test during his or her employment with the City; or
Evidence that an employee is involved in the use, possession,
sale, solicitation or transfer of drugs or alcohol while on-duty or
while on the City’s premises or operating the City’s vehicle,
machinery or equipment.
All time waiting to be dispatched, unless the commercial motor
vehicle driver has been relieved from duty by the employer;
All time inspecting equipment, or otherwise inspecting, servicing,
or conditioning any commercial vehicle at any time;
All time spent at the driving controls of a commercial motor
vehicle;
All time loading or unloading a commercial motor vehicle, supervising
or assisting in loading or unloading a commercial motor vehicle, attending
a vehicle being loaded or unloading, remaining in readiness to operate
the vehicle, or giving or receiving receipts for shipments loaded
or unloaded;
All time spent performing the driver requirements associated
with an accident; and
All time repairing, obtaining assistance, or remaining in attendance
upon a disabled vehicle.
Tissue, fluid or product of the human body, chemically capable
of revealing the presence of drugs or alcohol in the human body.
With respect to alcohol testing, an analytical procedure to
determine whether an employee may have a prohibited concentration
of alcohol in his or her system; and
With respect to controlled substance testing, an immunoassay
screen to eliminate “negative” urine specimens from further
consideration.
A licensed physician (Medical Doctor or Doctor of Osteopathy)
or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association
of Alcoholism and Drug Abuse Counselors Certification Commission)
with knowledge of or clinical experience in the diagnosis and treatment
of alcohol- and controlled substances-related disorders.
Any person, including any laboratory, hospital, clinic or
facility, either on or off the premises of the City, which provides
laboratory services to test for the presence of drugs or alcohol in
the human body.
[Ord. No. 2367, 9-25-2023]
A.
Applicant Testing. The City will require all applicants, regardless
of employment classification and upon receiving a conditional offer
of employment, to undergo drug and/or alcohol testing and will use
a refusal to undergo such testing or a confirmed positive test result
as a basis for refusal to hire, provided that such testing does not
violate the Americans with Disabilities Act of 1990, 42 U.S.C. §121.010,
et seq. (hereinafter referred to as the “ADA”). The ADA
does not, in any way, preclude or interfere with the City’s
compliance with new or existing drug and alcohol testing regulations
of the Department of Transportation (hereafter referred to as “DOT”).
1.
Tests required under the Department of Transportation regulations.
2.
The City is not required to administer an alcohol test or controlled
substances test if:
a.
The applicant has:
(1)
Undergone an alcohol test within the previous six
(6) months, with a result which indicate a breath alcohol concentration
less than 0.04% and meets the requirements of the DOT; or
(2)
Participated in a drug testing program within the
previous thirty (30) days that meets the requirements of the DOT and,
while participating in that program, either
b.
The City has verified that no prior employer of the applicant,
of whom the City has knowledge, has a record of a violation of another
DOT-regulated agency within the previous six (6) months.
B.
Employee Testing. Employees of the City will be subject to drug and/or
alcohol testing under the applicable circumstances:
1.
Reasonable Suspicion Testing. The City will require an employee
to submit to drug and/or alcohol testing if there is reasonable suspicion
that the employee is violating the City of Hermann Drug- and Alcohol-Free
Workplace Policy.
a.
Observations of employee conduct while the employee is at work
or on-duty, which cause the City to require reasonable suspicion testing
of an employee, shall be made by a supervisor or department head who
has received training for the detection of symptoms or manifestations
of being under the influence of a drug or alcohol. Testing will be
required of all employees, regardless of classification, when reasonable
suspicion exists.
b.
The driver of a commercial motor vehicle may be directed to
undergo reasonable suspicion testing while the driver is performing
safety-sensitive functions, just before the driver is to perform safety
sensitive functions, or just after the driver has ceased performing
such functions.
c.
If an alcohol test is not administered within two (2) hours following
the determination that reasonable suspicion exists, the City Administrator
shall prepare and maintain on file a record stating the reasons the
alcohol test was not promptly administered.
If an alcohol test is not administered within eight (8) hours
following the determination, the City shall cease attempts to administer
an alcohol test and shall cite in the record the reasons for not administering
the test.
d.
The City shall not permit an employee to perform or continue
to perform job functions after determination that reasonable suspicion
exists until:
e.
A written record shall be made of the observations leading to
a controlled substance reasonable suspicion test, and signed by the
supervisor or department head who made the observations, within twenty-four
(24) hours of the observed behavior or before the results of the controlled
substances test are released, whichever is earlier.
2.
Post-Accident Testing. The City will require an employee to
undergo drug and/or alcohol testing if there is a reasonable suspicion
the employee or another person sustained a work-related injury or
the City’s property was damaged as a direct result of use of
drugs and/or alcohol by an employee in the workplace or while performing
job duties.
a.
As soon as practicable following an accident involving a commercial
motor vehicle, the City shall test for alcohol and controlled substances
the driver:
b.
Who receives a citation under State or local law for a moving
traffic violation arising from the accident.
c.
If an alcohol test is not administered within two (2) hours
following the accident, the Department Head shall prepare and maintain
on file, in the personnel file for the employee, a record stating
the reasons the alcohol test was not promptly administered. If an
alcohol test is not administered within eight (8) hours following
the determination, the City shall cease attempts to administer an
alcohol test and shall cite in the record the reasons for not administering
the test.
d.
If a controlled substance test is not administered within thirty-two
(32) hours following the accident, the City shall cease attempts to
administer a controlled substance test; and the Department Head will
prepare and maintain on file, in the personnel file for the employee,
a record stating the reasons the test was not promptly administered.
e.
An employee who is subject to post-accident testing shall remain
readily available for such testing or may be deemed by the City to
have refused to submit to testing.
f.
Nothing in this policy shall be construed to require the delay
of necessary medical attention for an injured person following an
accident or to prohibit a driver from leaving the scene of an accident
for the period necessary to obtain assistance in responding to the
accident or to obtain necessary emergency medical care.
3.
Random Testing. The City required drug and/or alcohol testing
on a random selection basis, which shall be restricted to employees
who perform safety-sensitive functions in the following classifications
and/or positions:
a.
Vehicle and equipment operator employees who are required to
maintain a Commercial Drivers License (hereafter referred to as “CDL”)
and who operate vehicles and/or equipment in excess of twenty-six
thousand one (26,001) pounds;
b.
Mechanic employees; and
c.
Any other employees involved in the repair, operation, or dispatching
of vehicles and/or equipment (or as may be required by Federal law).
4.
Test Requirements. Random controlled substances testing shall
be conducted in accordance with the following requirements:
a.
The City will randomly select employees for testing at the highest
minimum annual percentage rate established for the calendar year by
the DOT rules to which the City is subject.
b.
The City will use a scientifically valid method of random selection
which is matched with employees’ social security numbers.
c.
The City will ensure that random testing is unannounced and
spread reasonably throughout the calendar year.
d.
The City will ensure that employees selected for random testing
proceed immediately to the testing site upon notification of being
selected.
e.
In the event an employee who is selected for random controlled
substances testing is on vacation or an extended medical absence,
the City will select another driver for testing.
f.
No driver of a CMV shall report for duty, or remain on-duty,
requiring the performance of safety-sensitive functions while having
a breath alcohol concentration of 0.04% or greater. The City, upon
having actual knowledge that a driver has a breath alcohol concentration
of 0.04% or greater, shall not permit an employee to perform or continue
to perform safety-sensitive functions.
g.
No driver of a CMV shall perform safety-sensitive functions
within four (4) hours after using alcohol. The City, upon having actual
knowledge that a driver has used alcohol within the preceding four
(4) hours, shall not permit a driver to perform or continue to perform
safety-sensitive functions.
h.
No driver of a CMV shall report for duty, or remain on-duty,
requiring the performance of safety-sensitive functions when the driver
uses any controlled substance, except when the use is pursuant to
the instructions of a physician who has advised the driver that the
substance does not adversely affect the driver’s ability to
safely operate a commercial motor vehicle.
i.
The City, having actual knowledge that a driver has used a controlled substance, shall not permit the driver to perform or continue to perform safety sensitive functions except as outlined in Subsection (B)(4)(h) above.
j.
No driver of a CMV shall report for duty or remain on-duty requiring the performance of safety-sensitive functions if the driver tests positive for controlled substances. The City, having actual knowledge that a driver has tested positive for controlled substance, shall not permit an employee to perform or continue to perform safety-sensitive functions except as outlined in Subsection (B)(4)(h) above.
k.
The City may require a driver to inform the City of any therapeutic
drug use.
5.
Post-Rehabilitation Testing. The City will require an employee
to undergo drug and/or alcohol testing, without prior notice, for
a period of up to five (5) years, commencing with the employee’s
return to work, in the following situations:
6.
Return-To-Duty Testing. An employee who is not terminated is
prohibited from working after a positive drug test result, or an alcohol
test result indicating a breath alcohol concentration of 0.02% or
more, regardless of when the drug or alcohol was ingested and regardless
of whether or not the employee is under the influence of alcohol or
drugs, as defined by Federal, State, or local law. Employees are subject
to the following return-to-duty guidelines:
a.
An employee shall be evaluated by a Substance Abuse Professional
who shall determine what assistance, if any, the employee needs in
resolving problems associated with alcohol misuse and/or controlled
substances abuse. The Substance Abuse Professional shall determine
that the employee has properly followed any rehabilitation program
prescribed.
b.
Before an employee returns to duty, following a positive alcohol
and/or drug test result, the employee shall undergo a return-to-duty
alcohol test with a result indicating a breath alcohol concentration
of less than 0.02% if the conduct involved alcohol or a controlled
substances test with a verified negative result if the conduct involved
a controlled substance.
c.
The employee shall be subject to unannounced follow-up alcohol
and controlled substances tests, ordered by the City Administrator
or his or her designee, following the employee’s return to duty.
The number and frequency of such follow-up testing shall be as recommended
by the Substance Abuse Professional and may consist of at least six
(6) tests in the first twelve (12) months following the employee’s
return to duty. The City Administrator or his/her designee may direct
the employee to undergo return-to-duty and follow-up testing for both
alcohol and controlled substances if the Substance Abuse Professional
determines that such testing is necessary.
[Ord. No. 2367, 9-25-2023]
A.
All Drug- and Alcohol-Free Workplace testing of employees and applicants
shall be conducted at a laboratory selected by the City which has
been approved by the Substance Abuse and Mental Health Services Administration
(hereafter referred to as “SAMHSA”), pursuant to Federal
and State law requirements.
B.
The facility will be responsible for:
1.
Employing testing procedures that ensure privacy to employees
and job applicants consistent with prevention tampering;
2.
Employing the split sample method of testing, in the event results
of the test are challenged. Without a split sample, a challenged test
is considered negative;
3.
Employing methods of analysis that ensure reliable test results,
including the use of gas chromatography/mass spectrometry to confirm
positive test results;
4.
Employing chain-of-custody procedures that ensure proper identification,
labeling and handling of test samples;
5.
Employing retention and storage procedures that ensure reliable
results on confirmatory tests of original samples;
6.
Employing alcohol screening tests using approved evidential
testing devices that test for prohibited alcohol concentration; and
7.
Maintaining SAMHSA approval of its facility.
C.
The City shall not permit a driver who refuses to submit to a post-accident
alcohol or controlled substance test, a random post-accident or controlled
substance test, a reasonable suspicion alcohol or controlled substance
test, or a follow-up alcohol or controlled substance test to perform
or continue to perform safety-sensitive functions.
D.
Employee consent will be obtained for each test. Refusal of an employee
to consent and submit to testing will subject that employee to disciplinary
action, which may include termination of employment.
E.
The City shall pay all costs of testing for drugs or alcohol required
by the City, including confirmation tests required by this policy.
Provided, however, an individual who requests a retest of a sample
in order to challenge the results of a positive test shall pay all
costs of such retest, unless the retest reverses the findings of the
challenged positive test. In such latter case, the City shall reimburse
the individual for the costs of the retest.
[Ord. No. 2367, 9-25-2023]
A.
Applicant Drug/or Alcohol Screening Process. The job application
form of the City contains Notification of Drug/Alcohol Testing Policy
of the City, in accordance with Federal and State law. The application
form must be signed by the applicant, acknowledging receipt of notice
of City’s Drug- and Alcohol-Free Workplace Policy.
B.
In order to achieve the City’s goal in providing and maintaining
a drug- and alcohol-free work environment for the safety and protection
of employees and others, the following procedures are hereby established:
1.
Upon notification of the selected applicant the City Administrator
will schedule the applicant for the drug screen/alcohol test.
2.
The applicant shall complete the “Applicant/Employee Consent
for Drug Screen/Alcohol Test” form. The completed form shall
be placed in an envelope with directions to the medical facility.
3.
Applicants refusing to submit to the drug screen and/or alcohol
test will be considered to have withdrawn their application for employment.
4.
The sample collection site will obtain the specimen from the
applicant of sufficient quantity to allow for split sample testing.
The specimen will be sent to the laboratory.
5.
The laboratory designated by the City shall perform an initial
drug screen, which shall be a form of chemical identification with
confirmation testing of any positive results with Gas Chromatography/Mass
Spectrometry (GC/MS) or other reliable confirmation testing.
6.
The alcohol screening tests will be done using approved evidential
testing devices that test for prohibited alcohol concentration.
[Ord. No. 2367, 9-25-2023]
A.
Upon completion of testing, results of the drug screen/alcohol test
shall be communicated to the City Administrator after compliance with
the procedures listed below:
2.
Positive Test Result From Drug Screen And/Or Alcohol Test.
a.
The collection site Medical Review Officer shall compare the
test results to the list of prescribed medications applicant identified
as having been taken.
b.
If a drug screen reveals a drug present which is questionable,
the applicant will be contacted by the Medical Review Officer in order
for the applicant to explain in confidence and/or provide additional
documentation as the Medical Review Officer deems necessary to satisfy
the Medical Review Officer that the presence of such drug is not unlawful.
c.
The applicant must provide the requested explanation and/or
documentation as requested by the collection site Medical Review Officer
within forty-eight (48) hours of the time of request. Failure to provide
information within the forty-eight (48) hours will result in applicant’s
drug screen being reported to the City Administrator as positive.
d.
If the applicant provides explanation and/or documentation within
forty-eight (48) hours of the request, sufficient to satisfy the Medical
Review Officer that the presence of the drug is lawful, the result
of the drug screen test shall be reported to the City Administrator
as negative.
[Ord. No. 2367, 9-25-2023]
A.
Any drug or alcohol testing shall occur during or immediately after
the regular work period of current employees and shall be deemed work
time for purposes of compensation and benefits for current employees.
B.
A supervisor who has reasonable suspicion to believe an employee
has ingested, inhaled or injected an illegal drug or unlawful use
of a drug or has ingested an alcoholic beverage when reporting for
duty, while on-duty, or during standby or callback duty must act promptly
to insure the following:
1.
The employee shall be prohibited from working or continuing
to work.
2.
The employee’s department head or the City Administrator
shall be notified and a request made that personal observation of
the employee’s conduct occur to confirm that reasonable suspicion
exists.
3.
Based on reasonable suspicion, employees shall be required to
submit to drug or alcohol testing. Prior to requiring such testing,
the basis for the reasonable suspicion shall be communicated to the
City Administrator or designee acting in his or her absence.
4.
The employee will be immediately taken, by the supervisor or
department head, to a collection facility selected by the City in
compliance with State and Federal regulations.
5.
Before testing, an employee shall sign a form consenting to
testing. Failure or refusal to sign the consent form and to submit
to testing will result in disciplinary action, which may include termination.
C.
Supervisors are prohibited from demanding or encouraging drug or
alcohol testing without reasonable suspicion and without confirmation
from a department head or the City Administrator or his or her designee.
D.
Harassment by any supervisor or department head of any employee who
has been requested or required to undergo a drug screen will subject
the supervisor or department head to discipline.
[Ord. No. 2367, 9-25-2023]
A.
Upon completion of testing, results of the drug screen and/or alcohol
test shall be communicated to the City Administrator, after compliance
with the procedures listed below.
1.
Negative test result from drug screen and/or alcohol test.
a.
The collection site will notify the City Administrator if the
drug screen and/or alcohol test was negative.
2.
Positive Test Result From Drug Screen And/Or Alcohol Test.
a.
The collection site Medical Review Officer shall compare the
test results to the list of prescribed medications employee identified
as having been taken.
b.
If a drug screen reveals a drug present which is questionable,
the employee will be contacted by the Medical Review Officer in order
for the employee to explain in confidence and/or provide additional
documentation as the Medical Review Officer deems necessary to satisfy
the Medical Review Officer that the presence of such drug is not unlawful.
c.
The employee must provide the requested explanation and/or documentation
as requested by the collection site Medical Review Officer within
forty-eight (48) hours of time of request. Failure to provide information
within the forty-eight (48) hours will result in employee’s
drug screen being reported to the City Administrator as positive.
d.
If the employee provides explanation and/or documentation within
forty-eight (48) hours of the request, sufficient to satisfy the Review
Officer that the presence of the drug is lawful, the result of the
drug screen test shall be reported to the City Administrator as negative.
e.
An employee testing positive to a drug screen and/or alcohol
test shall result in the employee being subject to disciplinary action,
which may include termination.
f.
The test results will not be disclosed to any person other than
the employee, City Administrator, and those involved directly on a
need to know basis.
g.
Any employee tampering with the results of a drug screen/alcohol
test will be terminated.
[Ord. No. 2367, 9-25-2023]
A.
No disciplinary action, except a temporary suspension or temporary
transfer to another department, may be taken by the City against an
employee based upon a positive test result unless the test result
is confirmed by a second test, using gas chromatography-mass spectroscopy,
or an equivalent scientifically accepted method of equal or greater
accuracy as approved by rule of the State Board of Health at the cutoff
levels determined by board rule.
B.
The City may take disciplinary action against an employee who refuses
to undergo drug or alcohol testing conducted in accordance with the
provisions of the City’s Policy and/or the Omnibus Transportation
Employee Testing Act.
C.
An employee discharged on the basis of a refusal to undergo drug
and/or alcohol testing or a confirmed positive drug or alcohol test
conducted in accordance with the provision of the City’s Policy
and/or the Omnibus Transportation Employee Testing Act shall be considered
to have been discharged for misconduct for purposes of unemployment
compensation benefits.
D.
An employee may appeal his/her disciplinary action or termination
to the Board of Aldermen.
[Ord. No. 2367, 9-25-2023]
A.
Supervisors will be trained:
1.
To recognize by the behavior of employees when they are unfit
for duty because of drugs or alcohol and how to determine reasonable
suspicion.
2.
To intervene effectively and appropriately in reasonable suspicion
instances.
3.
To understand the methods of the City Drug- and Alcohol-Free
Workplace procedures.
4.
To document effectively and appropriately reasonable suspicion
cases prior to the test and after the initial hearing.
5.
In proper disciplinary measures.
6.
In issues relative to privacy, search and seizure, and employee
representation rights during investigations.
B.
Employee education shall consist of:
1.
Educating employees about the harmful effects of drugs and alcohol
in the workplace. In connection therewith:
a.
The City shall provide educational materials that explain the
City’s policies and procedures with respect to meeting the requirements
of this policy.
b.
The City shall ensure that a copy of these materials is distributed
to each employee prior to the start of drug and/or alcohol testing
and to each driver hired or transferred into a position requiring
driving a commercial motor vehicle.
2.
Encouraging employees to voluntarily seek assistance through
the Employees Assistance Program.
3.
Informing employees about the City’s concern for correcting
drug and alcohol use or dependency before it adversely affects an
employee’s work record and causes irreparable harm to the employee
and the residents of the City.
4.
Providing written notice to representatives of employee organizations
of the availability of this information.
5.
Designating the City Administrator and/or his or her designee
as the City’s representative to answer questions concerning
distributed materials and City policies.
[Ord. No. 2367, 9-25-2023]
A.
The City shall maintain all drug and alcohol test results and related
information, including but not limited to interviews, reports, statements
and memoranda, a confidential records, separate from other personnel
records. Such records, including the records of the testing facility,
shall not be used in any criminal proceeding or any civil or administrative
proceeding except in those actions taken by City or in any action
involving the individual tested and the City or unless such records
are ordered released pursuant to a valid court order. All post-accident
alcohol test records are to be kept for the required period of three
(3) years per 49 CFR 199.227(b)(4) and all alcohol test results of
0.02% or lower for one (1) year per 49 CFR 199.227(b)(3).
B.
The records described in Subsection (A) above, and maintained by the City, shall be the property of the City and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee. The City shall not release such records to any person other than the applicant, employee or the City’s Medical Review Officer, unless the applicant or employee, in writing, following receipt of the test results, has expressly granted permission for the City to release such records or unless released pursuant to a valid court order.
C.
A testing facility, or any agent, representative or designee of the
facility, or any Medical Review Officer shall not disclose to the
City, based on the analysis of a sample collected from an applicant
or employee for the purpose of testing for the presence of drugs or
alcohol, any information relating to:
1.
The general health, pregnancy or other physical or mental condition
of the applicant or employee; or
2.
The presence of any drug other than the drug or its metabolites
that the City requested be identified and for which a medically acceptable
explanation of the positive results, other than the use of drugs,
has not been forthcoming from the applicant or employee.
|
Provided, however, a testing facility shall release the results
of the drug or alcohol test and any analysis and information related
thereto to the individual tested upon his or her request.
|
[Ord. No. 2367, 9-25-2023]
A.
The City Administrator is responsible for notification of the drug
testing policy and procedure to employees as specified and educating
and training of employees, department heads, and supervisors as outlined
in this policy.
B.
The City Administrator shall implement an Employee Assistance Program
and shall coordinate City education and training relative to drug
testing and the benefits of voluntary admission into the EAP.
[Ord. No. 2367, 9-25-2023]
It is mandatory that any employee notify the City Administrator,
with five (5) working days, if he/she has been convicted of a criminal
drug statute violation.
[Ord. No. 2367, 9-25-2023]
The City as a recipient of a grant from the Community Development
Block Grant Program from the United States Department of Housing and
Urban Development (HUD) shall notify HUD within ten (10) days after
receiving notice of any employee convicted of a criminal drug statute.
