[1]
Editor's Note: Former Art. II, Drug And Alcohol Testing Policy And Procedures, was amended in its entirety 3-6-2023 by Ord. No. 1337. Prior history includes R.O. 2012, Ord. No. 993, and Ord. No. 1337.
[Ord. No. 1337, 3-6-2023]
City of Portageville strives to maintain a workplace free of drugs and alcohol and to discourage drug and alcohol abuse by its employees. Misuse of alcohol or drugs by employees can impair the ability of employees to perform their duties, as well as adversely affect our citizens' and their confidence in our City.
[Ord. No. 1337, 3-6-2023]
A. 
To protect the well-being of its employees and the public, the City of Portageville prohibits all of its employees from doing any of the following:
1. 
Engaging in the unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs, or sensory-altering substances at any time.
2. 
Reporting to work or otherwise being on the job under the influence of any illegal drugs or sensory-altering substances.
a. 
The term "illegal drugs" means, all drugs whose use or possession is regulated or prohibited by Federal, State or local law. These include prescription medication that is used in a manner inconsistent with the prescription, not current, or for which the individual does not have a valid prescription. The term "current" in this policy means that an employee is using a legally obtained prescription drug which is not beyond a clearly defined expiration date. For the purposes of this policy, prescriptions will be considered to have expired six (6) months after the expiration date listed on the prescription.
b. 
The term "sensory-altering substances" means any non-prescribed substance that is not an illegal drug but causes sensory alterations, disorientation, hallucinations, lack of physical control, impairment of an employee's full bodily and mental functions, or otherwise affects the employee's performance on the job. This term is meant to include new designer drugs and legal marijuana which impact an employee's work performance but are not illegal as define by the State of Missouri.
Marijuana, even if prescribed under a State medical marijuana law, remains illegal under Federal law and this policy.
3. 
Reporting to work or otherwise being under the influence of alcohol while at work or on the job. Although lawful off-duty alcohol use is generally not prohibited by this policy, such use must not interfere with an employee's job performance.
[Ord. No. 1337, 3-6-2023]
Prior to performing drug or alcohol testing on employees, the employee will be required to sign a form consenting to the testing listed on the form and acknowledging that a confirmed positive test result can result in disciplinary action. An employee's refusal to consent and submit to lawful testing will be considered misconduct and a voluntary termination by the employee. In addition, refusal to consent to post-accident testing as provided herein may result in the employee forfeiting the right to collect worker's compensation benefits.
[Ord. No. 1337, 3-6-2023]
If you are currently using any prescribed or over-the-counter medication that could alter your ability to perform your job safely, you must notify your supervisor before starting your job. The purpose of this notification is to assess both the job requirements and any potential side effects of the medication to determine any safety implications and whether you can perform the essential functions of your job with or without reasonable accommodation.