A.
Drug-free workplace.
(1)
In order to ensure a safe work environment and compliance with the
Drug-Free Workplace Act of 1988 (41 U.S.C. 8101 et seq.), the City
of El Paso maintains a zero tolerance, drug-free workplace. Accordingly,
the City of El Paso prohibits employees from engaging in unlawful
manufacture, distribution, dispensation, possession, concealment or
use of a controlled substance in accordance with the requirements
of the (Public Law 100-690, 102 Stat. 4181), use of drugs, and/or
purchase of drug related paraphernalia and/or use, sale or transfer,
of alcohol in the workplace. The foregoing prohibition shall apply
to all City of El Paso property, including in City of El Paso vehicles
owned, rented, leased, or borrowed, and any private vehicles parked
on the City of El Paso premises or worksites.
(2)
For purposes of this policy, the term "drugs" includes, but shall
not be limited to: (i) any non-prescribed controlled substance that
the employee is not authorized to possess or consume by law; (ii)
any substance listed in the Controlled Substances Act (72 ILCS 570
et seq.); (iii) any substance listed in the Cannabis Control Act (720ILCS
550 et seq.); and (iv) drugs or substances which may not be listed
in the Controlled Substances Act or the Cannabis Control Act but which
have adverse effects on perception, judgement, memory, or coordination.
A nonexhaustive list of applicable drugs includes, but is not limited
to, the following:
|
Opium
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Psilocybin-psilocin
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Morphine
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MDA
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Codeine
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PCP
|
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Heroin
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Chloral Hydrate
|
|
Meperidine
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Methylphenidate
|
|
Cannabis
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Hash
|
|
Barbiturates
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Hash Oil
|
|
Glutethimide
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Steroids
|
|
Methaqualone
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Tranquilizers
|
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Cocaine
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Amphetamines
|
|
Phenmetrazine
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LSD
|
|
Mescaline
|
(3)
For purposes of this policy, the City's "workplace" includes,
but is not limited to, any City building, property, and parking area
under the City's control (regardless of whether it is leased
or owned), or any location or area where a City employee is performing
his or her job duties, or where a City employee is physically located
during his or her work schedule. City property shall also include
any place the employee is located when "on call" or at any time during
his or her work shift including, but not limited to, guest, visitor
or customer locations, vendor or supplier locations, home offices,
as well as vehicles, whether leased, rented, or owned. For purposes
of this policy, "on call" means an employee who is scheduled to be
on standby or could be called into work within 24 hours' notice
or otherwise responsible for performing work-related tasks either
at the City's premises or any other designated location by the
City.
(4)
To the extent there is a conflict between this policy and an applicable
Collective Bargaining Agreement ("CBA"), the CBA will govern.
B.
Prohibited conduct. The following conduct is prohibited:
(1)
The unauthorized use, possession, manufacture, distribution, or sale
of drugs, drug paraphernalia, or alcohol while on or in the workplace,
including but not limited to any City of El Paso property, while conducting
work-related business or job-related duties, or during working hours.
(2)
Being impaired or under the influence of drugs or alcohol while on
or in the workplace, including but not limited to any City of El Paso
property, while conducting work-related business or job-related duties,
or during working hours.
(3)
Being impaired or under the influence of legal or prescribed drugs
or chemicals used in excess of, or in non-conformity with, prescribed
limits while on or in the workplace, including but not limited to
any City of El Paso property, while conducting work-related business
or job-related duties, or during working hours.
(4)
The illegal use, possession, manufacture, distribution, or sale of
drugs or drug paraphernalia (while on or off duty).
(5)
The City of El Paso prohibits its law enforcement officers (and all
other City employees) from the illegal use, possession, manufacture,
distribution or sale of cannabis while on or off duty.
(6)
Storing any illegal drug, drug paraphernalia, cannabis, or alcohol
in the workplace, including but not limited to City of El Paso property.
(7)
Failing to promptly report (i.e., prior to the start of the employee's
shift), to an employee's immediate supervisor the use of any
medication (including prescribed) which has or may have any adverse
effect on his or her ability to effectively and safely perform his
or her essential job duties.
(8)
Refusing to immediately submit to an alcohol and/or drug test when
requested by a supervisor.
(9)
Failing to provide, within one workday following a request, documentation
confirming a valid prescription for any drug or medication identified
by a positive drug test.
(10)
Failing to adhere to requirements of any drug or alcohol treatment
program in which the employee is enrolled as a condition of continued
employment.
(11)
Failing to notify the employee's supervisor of any arrest,
conviction, or relevant plea (including pleas of guilty and nolo contendere)
relating to drugs or alcohol no later than the earlier of the next
date the employee is scheduled to work or two calendar days following
the arrest, conviction, or plea.
(12)
Tampering with, adulterating, altering, substituting, or otherwise
obstructing any testing process required pursuant to this policy.
(13)
Performing any safety-sensitive duties while having a blood
alcohol concentration of 0.02 or greater.
(14)
Possessing or using drugs or alcohol while on duty or while
operating a commercial vehicle.
(15)
Operating a commercial vehicle within four hours after using
alcohol (an on-call employee who consumes alcohol within four hours
of being called in must acknowledge the use of alcohol and may not
report for duty).
(16)
Consuming alcohol or cannabis during the eight-hour period following
an accident requiring a drug and alcohol test before a post-accident
alcohol or drug test is given.
(17)
Reporting for duty or remaining on duty requiring the operation
of commercial vehicle when the employee has used a drug or drugs,
except when the use is pursuant to instructions of a physician who
has advised the employee that the substance does not adversely affect
the employee's ability to safely operate a commercial vehicle.
C.
Required conduct. The following conduct is required of all City of
El Paso employees:
(1)
Employees must notify their supervisor prior to starting work of
any known side effects of medications, prescriptions drugs, or other
chemical compounds or supplements of any kind, including cannabis,
that they are taking (or have taken) which might affect the performance
of their duties or threaten the safety of the employee or any other
person.
(2)
Employees must notify their supervisor of any arrest, conviction,
or relevant plea (including please of guilty and nolo contendere)
relating to drugs or alcohol no later than the earlier of the next
date the employee is scheduled to work or two calendar days following
the arrest, conviction, or plea. In accordance with federal law, City
of El Paso will notify any applicable federal contracting officer(s)
of any relevant conviction(s) or plea(s) within 10 days of receiving
notice of the conviction or plea.
(3)
Employees must submit to immediate drug testing in accordance with
this policy and applicable law.
D.
Voluntary treatment for abuse of drugs and/or alcohol.
(1)
The City of El Paso strongly encourages employees who believe or
suspect that they may be abusing drugs and/or alcohol to voluntarily
seek treatment before their job performance is affected. Information
and communications regarding an employee's voluntary treatment
or counseling due to actual or suspected drug and/or alcohol abuse
shall remain confidential in accordance with state and federal law.
(2)
Employees who voluntarily seek treatment for drug and/or alcohol
abuse shall not be subject to discipline, discharge, or discrimination
based solely on such voluntary treatment if the treatment is sought
prior to:
(a)
The employee testing positive for illegal drugs and/or alcohol
in violation of this policy;
(b)
The employee being notified of an upcoming drug and/or alcohol
test;
(c)
The occurrence of an event that gives rise to reasonable suspicion
that the employee is impaired or under the influence of drugs and/or
alcohol in violation of this policy;
(d)
Any return to duty or related follow-up testing for drugs and/or
alcohol; and/or
(e)
The occurrence of an accident which requires the employee to
submit to drug and/or alcohol testing as set forth in this policy.
(3)
Employees who seek voluntary treatment for drug and/or alcohol abuse
shall continue to be subject to appropriate disciplinary action up
to and including termination for substandard job performance, unexcused
absences, abuse of drugs and/or alcohol, or any other violations of
this handbook, whether such violations are directly or indirectly
related to the employee's use of drugs and/or alcohol.
(4)
Furthermore, employees who voluntarily seek treatment for drug and/or
alcohol abuse shall not be excused from required drug and/or alcohol
testing in accordance with this policy even when voluntary treatment
was sought prior to the testing in question. No employee shall be
permitted to use voluntary treatment for drug and/or alcohol abuse
to avoid otherwise legitimate disciplinary action for failure to comply
with this policy or other provisions of the manual.
(5)
Employees may request a medical leave of absence to obtain treatment
provided by a health care provider or by a provider of health care
services on referral by a health care provider for drug/or alcohol
abuse in accordance with the Family and Medical Leave Act of 1993
and other applicable law. The City of El Paso may also grant reasonable
accommodations for employees being treated for drug and/or alcohol
abuse so long as those employees are participating in a treatment
program and are not currently using drugs and/or alcohol. The City
will not retaliate or discriminate against any employee for requesting
leave or a reasonable accommodation to obtain treatment for drug and/or
alcohol abuse.
(6)
Any employee violating this policy is subject to discipline, up to
and including termination of employment.
A.
Reasonable suspicion.
(1)
The City has the discretion to decide when and under what circumstances
an employee is fit for work. All employees are required to submit
to alcohol and/or drug testing if a supervisor determines that there
is reasonable suspicion to believe that an employee has been using
illegal drugs, abusing prescribed drugs, is impaired or under the
influence of alcohol or cannabis, or is consuming alcohol or cannabis
while in the workplace, including but not limited to any City of El
Paso property, while conducting work-related business or job-related
duties, or during working hours.
(2)
For the purposes of this policy, reasonable suspicion means a belief
based on objective facts sufficient to lead a person of ordinary sensibilities
to conclude that an employee is using, or has used, drugs or alcohol
in violation of this policy. Such a suspicion shall be drawn from
specific, objective facts and reasonable inferences drawn from those
facts in light of experience, common sense and/or training.
(3)
Some factors that may be considered in determining whether a finding
of reasonable suspicion is appropriate may include, but are not limited
to, any of the following, alone or in combination:
(a)
Observable phenomena, such as direct observation of drug or
alcohol use, the presence of the odor of drugs or alcohol on or about
the employee and/or the physical symptoms or manifestations of being
impaired or under the influence of drugs or alcohol.
(b)
Abnormal conduct or erratic behavior through observation of
an employee acting or appearing in a manner which suggests drug or
alcohol use, such as, behavior, appearance, judgment, coordination,
job performance and/or other conduct including, but not limited to,
slurred speech, glassy eyes, unsteady walk, disorientation, significant
or repeated lapses of concentration, emotional out-bursts, substantial
mood changes, the smell of alcohol on the employee's breath,
etc.
(c)
Involvement in a near-miss accident (an accident that was narrowly
avoided) caused by the employee's actions or inaction.
(d)
Excessive unexcused absenteeism, tardiness, or sudden deterioration
in work performance.
(e)
Illegal possession of drugs or controlled substances or an arrest
for violation of a drug statute.
(f)
Information obtained from a reliable and credible source with
personal knowledge that has been independently corroborated.
(g)
Testing for cannabis based on reasonable suspicion shall be
supported by the good faith belief that there is some impairment of
the employee at the workplace, while engaged in work for the employer
or while on call subject to the definition of those terms in the Cannabis
Regulation and Tax Act, 410 ILCS 705/10-50.
(4)
Once reasonable suspicion has been determined, the employee shall
be required to immediately submit and take the applicable drug and/or
alcohol test. An order to submit to testing shall be in writing and
signed by a supervisor. The City shall require the employee to be
escorted directly to and from the collection site for drug and/or
alcohol testing. The employee will be transported to and from the
collection site by a City representative and/or an independent third
party. An employee's refusal to submit and/or consent to testing
shall be considered insubordination, will be treated as a positive
test and the employee will be subject to discipline up to and including
termination.
(5)
"Refusal to submit" means that an employee:
(a)
Fails to appear for any test within a reasonable time, as determined
by the City, consistent with this policy after being directed to do
so by the company;
(b)
Fails to remain at the testing site until the testing process
is complete;
(c)
Fails to provide a breadth, hair, or urine (or other) specimen
for any drug test required;
(d)
In the case of a directly observed or monitored collection in
a drug test, fails to permit the observation or monitoring of the
employee's provision of a specimen;
(e)
Fails to provide a sufficient amount of urine when directed,
and it has been determined, through a required medical evaluation,
that there was no adequate medical explanation for the failure;
(f)
Fails or declines to take a second test the employer or collector
has directed the employee to take;
(g)
Fails to cooperate with any part of the testing process (e.g.,
refuse to empty pockets when so directed by the collector, behave
in a confrontational way that disrupts the collection process, or
failing to complete all documents, or failing to comply with reasonable
directives); or
(h)
Is reported by the Medical Review Officer as having a verified
diluted or otherwise adulterated sample or substituted test result.
(6)
A refusal to submit to a required drug or alcohol test shall be treated
as a positive result. Prior to imposing any discipline on the basis
of the City's reasonable suspicion that the employee is under
the influence or impaired by cannabis, the City will afford the employee
an opportunity to contest the basis of the determination, to be determined
in the sole discretion of the City. When an employee is ordered to
submit to a drug and/or alcohol test as a result of a supervisor's
reasonable suspicion, the employee will not be allowed to return to
work pending the results of the drug and/or alcohol test.
B.
Post-accident testing.
(1)
All accidents, including those involving a vehicle, must immediately
be reported to an employee's supervisor. Form A (Personal Accident
Report) must be filled out by employee. The supervisor shall investigate
the circumstances of the accident and determine if there is reasonable
suspicion to require a drug and/or alcohol test. If it is determined
that the employee caused or contributed to occurrence of the accident
or the employee was otherwise at fault, the employee may be required
to submit to a drug and alcohol test regardless of the existence of
reasonable suspicion.
(2)
Post-accident testing for cannabis shall be supported by the good
faith belief that there is some impairment of the employee while at
the workplace, while engaged in work for the employer or while on
call subject to the definition of those terms in the Cannabis Regulation
and Tax Act, 410 ILCS 705/10-50.
(3)
If post-accident drug and/or alcohol testing is ordered, the employee
involved must submit to a drug and/or alcohol test within two hours
of the accident. An employee who fails to remain readily available
for post-accident testing or leaves the scene of an accident without
a valid reason or permission by his/her supervisor will be deemed
to have refused to submit to testing in violation of this policy and
be subject to discipline up to and including termination of employment.
The employee to be tested shall not be permitted to drive himself
or herself to the collection site. Rather, the City shall require
the employee to be escorted directly to and from the collection site
for drug and/or alcohol testing. The employee will be transported
to and from the collection site by a City representative and/or an
independent third party.
D.
Licensed clinical laboratory only.
(1)
The City of El Paso shall use only licensed clinical laboratories
for drug and/or alcohol testing. Such laboratories shall be responsible
for maintaining a proper chain of custody of any samples. If an employee
tests positive for drugs and/or alcohol, a confirming test shall be
conducted. The laboratory will not submit a positive test result to
the City of El Paso unless the confirming test result is also positive
for the same sample. The laboratory shall retain a portion of the
tested sample so the employee can arrange for another confirming test
to be conducted by a licensed clinical laboratory of the employee's
choice and at the employee's expense. Once the portion of the
tested sample is delivered to the clinical laboratory selected by
the employee, the employee shall be responsible for maintaining the
proper chain of custody for that portion of the sample.
(2)
Employees who test positive for drugs may request a second test of
the remaining portion of the split sample within 72 hours of notification
of a positive test result by a medical review officer. A medical review
officer is a licensed physician responsible for receiving and interpreting
laboratory results from applicable tests.
E.
Records relating to drug and/or alcohol tests.
(1)
Records reflecting positive drug and/or alcohol tests will be kept
in the employee's medical file and will be kept confidential
in accordance with applicable law. Information regarding drug and/or
alcohol tests and an employee's participation in a substance
abuse rehabilitation program may be disclosed to supervisors only
if such information relates to the employee's ability to perform
his/her work duties or the employee's need for a reasonable accommodation
under the Americans with Disabilities Act of 1990 or other applicable
law.
(2)
For employees in safety sensitive positions, the following records
shall be maintained for a minimum of five years: i) records of annual
management information system reports; ii) records regarding employee
evaluations and referrals to substance abuse professionals; iii) records
relating to follow-up tests and follow-up schedules; iv) records relating
to refusals to submit to drug/or alcohol tests; v) records of alcohol
test results indication an alcohol concentration of 0.02 or greater;
vi) verified positive drug test results; and vii) breath testing device
calibration documentation.
F.
Required records from prior employment as driver of a commercial
vehicle.
(1)
In accordance with applicable law, any individual who is given an
offer of employment for a safety-sensitive position requiring a commercial
driver's license (CDL) and who has worked as a driver of a commercial
vehicle during the two-year period immediately preceding the offer
of employment, must authorize his/her prior employer(s) during the
two-year period immediately preceding the offer of employment to release
information to the City of El Paso regarding any positive alcohol
or drug tests and/or any refusal to submit and/or consent to an alcohol
or drug test.
(2)
This information must be obtained before the individual can be hired
by the City of El Paso. However, if the information has not arrived
by the individual's anticipated start date and the individual
has passed a pre-employment drug test, the individual may be hired,
and the requested information can be obtained from the individual's
prior employment(s) within 14 calendar days of the individual's
date of hire. If the information has not been received within 14 calendar
days of the individual's date of hire, the individual will not
be permitted to drive a commercial vehicle until the information has
arrived. If the information obtained from any prior employer indicates
the individual tested positive for drugs or alcohol or refused to
be tested during the past two years, that individual will not be permitted
to drive a commercial vehicle unless subsequent information indicates
that the individual was evaluated by a substance abuse professional
and successfully completed return to duty testing.
(3)
The Federal Motor Carrier Safety Administration (FMCSA) has a new
requirement that is due by January 5, 2021. Anyone with a CDL must
be run through a drug and alcohol clearinghouse that is run by the
FMCSA. There are limited queries and full queries. A full query is
required for new employee's and if there is a hit (information)
from the limited query.
G.
Compensation. If an employee is ordered to submit to an involuntary
post-employment drug and/or alcohol test, the time spent by the employee
traveling to and from the test and waiting for and undergoing the
test will be considered compensable working time unless otherwise
provided by law or contract. Pre-employment drug and/or alcohol tests
will not be compensated.
H.
Cutoff levels for drugs and drug metabolites; blood alcohol exceedances.
Any employee who tests positive for drugs and/or alcohol shall be
considered in violation of this policy and considered to be impaired
or under the influence.
I.
Policy violations.
(1)
Any employee who receives a positive drug or alcohol test, or who
engages in any other prohibited conduct under this policy concerning
drugs or alcohol, shall be subject to disciplinary action up to and
including immediate termination. Prior to imposing any discipline
on the basis of the City's reasonable suspicion that the employee
is under the influence or impaired by cannabis, the City will afford
the employee a reasonable opportunity to contest the basis of the
determination. Regardless of disciplinary action taken, all such employees
will be advised of resources available to evaluate and treat problems
associated with drug and/or alcohol abuse.
(2)
Employees in safety-sensitive positions, including those that require
a CDL, who are not terminated for violation of this policy shall be
subject to the following conditions of continued employment:
(a)
An employee who tests positive for alcohol shall not be permitted
to drive any City of EL Paso commercial vehicle or engage in any other
safety sensitive actives on behalf of the City for at least 24 hours.
(b)
If an employee test positive for drugs or alcohol, and/or engages
in any other conduct prohibited by this policy relating to drugs and/or
alcohol, the employee will be immediately removed from duties requiring
the driving of a commercial vehicle and will not be permitted to return
to work unless the employee: i) has been evaluated by a substance
abuse professional; ii) has complied with any rehabilitation prescribed
by a substance abuse professional; and iii) has successfully completed
a return to duty test for drugs and/or alcohol.
(c)
Upon completion of a recommended rehabilitation program and
successful return to work, the employee will be subject to follow-up
random testing for up to 60 months as recommended by the substance
abuse professional and City of El Paso with a minimum of six such
unscheduled tests within the first 12 months of returning to duty.
J.
Drug and alcohol testing of specific employees.
(1)
In accordance with the Omnibus Transportation Employee Testing Act
of 1994 and other applicable law, the City of El Paso requires employees
in safety-sensitive positions and applicants for safety sensitive
positions to submit to mandatory drug and alcohol testing pursuant
to this policy. Applicants for non-safety-sensitive positions may
be required to submit to a pre-employment testing. All employees,
except Administrative Assistant and Administrative Support staff,
are subject to random drug and alcohol testing since they do not operate
any City vehicles or equipment.
(2)
Safety-sensitive positions are those positions where in the sole
discretion of the City, there exists a high risk of injury to others
with adverse consequences if the employee has even a momentary lapse
of attention. Some examples of safety-sensitive positions include
law enforcement personnel who transport passengers and employees who
operate large or heavy equipment.
(3)
Under this policy, employees in safety-sensitive positions specifically
include all employees whose positions may involve driving a commercial
vehicle and that require the possession of a CDL. For purposes of
this policy, a commercial vehicle means a vehicle that either: i)
has a gross weight of over 26,000 pounds (including combined weight
if towed unit weighs over 10,000 pounds); ii) is designed to transport
16 or more persons, including the driver; or iii) is used to transport
hazardous materials.
(4)
An employee is considered to be "driving a commercial vehicle" under
this policy if he or she is performing any safety sensitive function
defined in 49 CFR 382.107, which includes all time working in a position
requiring a CDL.
(5)
With respect to employees who work in a position requiring a CDL,
alcohol testing for reasonable suspicion may be conducted just before,
during, or after an employee operates a commercial vehicle.
K.
Drug and alcohol testing for safety-sensitive positions. Employees
in safety-sensitive positions are subject to drug and alcohol testing
under different and additional circumstances than employees who are
not in safety sensitive positions.
(1)
Reasonable suspicion. Any employee in a safety-sensitive position
shall submit to a drug and/or alcohol test when any supervisor has
reasonable suspicion to believe that an employee has been using illegal
drugs, abusing prescribed drugs, is under the influence of alcohol
or cannabis, or is consuming alcohol or cannabis while in the workplace,
including but not limited to City property, while performing the employee's
job duties, or while on call.
(a)
Testing for cannabis based on reasonable suspicion shall be
supported by the good faith belief that there is some impairment of
the employee while at the workplace, while engaged in work for the
employer or while on call subject to the definition of those terms
in the Cannabis Regulation and Tax Act, 410 ILCS 705/10-50.
(b)
If an employee is removed from duty based on reasonable suspicion
of alcohol use and an alcohol test is not administered within eight
hours, the employee will not be allowed to perform or continue to
perform safety-sensitive functions until: i) an alcohol test determines
that the employee's breath alcohol concentration measures less
than 0.02; and ii) 24 hours have elapse following the determination
that there is reasonable suspicion to believe that the employee has
been using alcohol.
(2)
Post-accident testing involving a commercial vehicle. An employee
is required by law and this policy to submit to an alcohol test whenever
he or she is involved in an accident while driving a commercial vehicle
on a public road which results in: i) a fatality; ii) bodily injury
to a person who, as a result of the injury, immediately receives medical
treatment away from the scene of the accident; and/or iii) one or
more motor vehicles incurring disabling damage requiring the vehicle
to be transported away from the scene by a tow truck or other vehicle.
(a)
Post-accident testing for cannabis shall be supported by the
good faith belief that there is some impairment of the employee while
at the workplace, while engaged in work for the employer or while
on call subject to the definition of those terms of in the Cannabis
Regulation and Tax Act, 410 ILCS 705/10-50.
(3)
Return to duty testing. Any employee who has violated this policy
and/or has tested positive on a drug or alcohol test and is subsequently
permitted to return to work, must pass a drug and/or alcohol test
in accordance with this policy prior to returning to duty.
(4)
Follow-up testing. An employee in a safety-sensitive position who
is referred for assistance related to alcohol and/or drug abuse is
subject to unannounced follow-up testing for a period not to exceed
60 months as directed by a substance abuse professional and/or the
City of El Paso. The number and frequency of follow-up tests will
be determined by the substance abuse professional and/or the City
of El Paso but will not be less than six tests in the first 12 months
following the employee's return to duty.
(a)
For purposes of this policy, a substance abuse professional
is a licensed physician, 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 and clinical
experience in the diagnosis and treatment of alcohol and drug-related
disorders.
L.
Pre-employment drug testing. Employees in safety-sensitive positions
must pass a drug test as a post-offer condition of employment. Employees
in non-safety sensitive positions may be required to take and pass
a drug test as a post-offer condition of employment. Failure to successfully
pass a post-offer pre-employment drug test may result in the offer
of employment being revoked. An applicant who is denied employment
because of positive drug test or refusal to submit (as defined above)
to a drug/alcohol test may not reapply for employment with the City
of El Paso for a period of 12 months. Retesting is not an option for
pre-employment drug tests.
M.
Random drug and/or alcohol testing. All Public Safety employees and
employees who hold Commercial Drivers License's will be randomly
selected to submit to drug and/or alcohol testing. The process will
be unannounced, and employees shall be selected in a non-discriminatory
manner. After an employee is notified that he/she has been selected
for random testing, the employee shall be required to report immediately
to the testing location no later than one hour after notification.
Upon arrival at the testing location, the employee must identify himself/herself
by use of a photo identification card, present any applicable documentation,
and sign the necessary paperwork providing consent and authorization
for release of the test results to the City.
N.
Use of medical cannabis.
(1)
Employees are strictly prohibited from manufacturing, using, possessing,
distributing, transferring, dispensing, purchasing, selling or being
impaired or under the influence of Medical Cannabis while during all
worktime (including meal and rest breaks) and in the workplace including
but not limited to any City of El Paso property, and while conducting
work-related business or job-related duties. Additionally, employees
are prohibited from being impaired or under the influence of Medical
Cannabis any time they are acting on behalf of the City of El Paso
in any capacity regardless of the employee's status as a registered
qualifying patient.
(2)
Examples of prohibited times and places include, but are not limited
to:
(a)
Meal and rest breaks.
(b)
Performing work for the City at any location including private
residences and commercial establishments and other customer or client
locations.
(c)
Driving or riding as a passenger in a City owned, leased, or
rented vehicle or equipment.
(d)
Attending City directed or sponsored activities or events (intended
for City of El Paso employees only and not the general public) independent
of venue.
(e)
Working off-site on behalf of the City, including the employee's
residence, if performing the employee's job duties or responsibilities
on behalf of the City, whether or not doing so during the employee's
work hours.
(f)
Performing emergency or on-call work for the City after normal
business hours and on weekends.
(3)
Law enforcement officers and employees required to maintain a commercial
driver's license are not permitted to use medical cannabis at
any time. An employee seeking medical treatment through the use of
medical cannabis must notify his/her supervisor to determine whether
the appropriate workplace accommodations can be made. However, an
appropriate workplace accommodation will never be to permit an employee
to use or possess medical cannabis while in the workplace, including
but not limited to City property, or during the employee's hours
of employment.
For purposes of this policy, public safety employees include
law enforcement officers.
A.
Prohibition. The City of El Paso prohibits law enforcement officers
from the consumption, possession, sale, purchase, or delivery of cannabis
or cannabis-infused substances while on or off duty.
B.
Collective bargaining agreements. To the extent there is a conflict
between the drug and/or alcohol testing procedures in this policy
and in any applicable CBA, the CBA will govern.
C.
Test results. All test results must be submitted to the El Paso City
Administrator or Administrative Assistant. No laboratory report or
test result shall appear in an employee's personnel file unless
they are part of the disciplinary action pursuant to this policy.
A.
Employee supervisors and the City Administrator are responsible for
initiating disciplinary action against any employee or supervisor
who violates this policy. The supervisor and City Administrator based
on the facts and circumstances of the situation will determine if
discipline is warranted. Prior to the administration of any disciplinary
action, the supervisor and City Administrator may give the employee
the opportunity to respond to the allegations made against the employee.
Employees subject to discipline for being impaired or under the influence
of, in possession of or consuming cannabis shall be provided a reasonable
opportunity to contest the basis for the imposition of discipline,
up to and including termination. The disciplinary procedures set forth
in this section apply to all employees, unless otherwise subject to
a collective bargaining agreement. To the extent there is a conflict
between the disciplinary procedures in this policy and those in any
applicable CBA, the CBA will govern. These policies and procedures
should not be construed as preventing, limiting, or delaying the City
of El Paso from taking appropriate disciplinary action, including
immediate dismissal without warning or notice, as the facts and circumstances
warrant.
B.
All discipline issued will be based on the applicable facts and circumstances,
and at the level applicable in the sole and exclusive judgment of
the applicable supervisor.
