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905 Drug and Alcohol Policy
While at work, each City employee has a responsibility to the public to deliver
services in a safe, efficient, and conscientious manner. In order to perform a job in
the safest manner possible, City employees must be able to work in a drug-free
environment and themselves be free from the effects of alcohol and other
performance impairing substances while on the job. Accordingly, while on the job or
in a City vehicle, the use, sale, distribution, possession of an open container, or being
under the influence of an intoxicating liquor, controlled substance, drug not medically
authorized, or any other substance which impairs job performance or poses a hazard
to the safety and welfare of the employee, the public, or other employees, is strictly
prohibited and will result in suspension or termination.
The use of illegal drugs or alcohol on the job, or being under the influence of these
substances, casts serious doubt on the employee's ability to perform his job functions
and undermines the public confidence in the integrity of City personnel.
The City of Grapevine Employee Assistance Program has been developed to
provide assistance to employees who may be experiencing personal problems with
alcohol or drug abuse, financial burdens, marital or other family problems. All
employees who feel they may have an alcohol or drug problem are encouraged to
utilize the program's resources before the problem effects their job performance or
employment status.
Participation in this program is voluntary and confidential. However, a supervisor
may make a mandatory referral when some aspect of an employee's personal life
negatively effects his performance on the job.
.02 Constitutional Rights of Employees
The City of Grapevine respects the constitutional rights of its employees. All actions
taken by City officials shall be consistent with the Constitution and laws of the United
States and the State of Texas.
.03 Supervisory Training
Supervisory personnel will be provided with training necessary to identify work-
related performance problems of employees.
.04 Notification of Supervisor of Medical Condition and Authorized Drug Use
Each employee shall report a medical condition to his immediate supervisor if the
condition may prevent the employee from meeting his job requirements or from safely
performing his job. It is the employee's responsibility to determine from the physician
whether or not his condition would impair his job performance depending upon the
nature of the employee's job and provide proper written medical authorization to
work. Failure to report such condition will result in disciplinary action. Any information
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received from an employee under this provision will be kept confidential except to the
extent it may be shared with individuals who are in a need to know position.
Each employee shall report the use of medically authorized drugs or other
substances which can impair job performance to his immediate supervisor and
provide proper written medical authorization to work from a physician. It is the
employee's responsibility to determine from the physician whether or not the drugs
or other substances would impair his job performance depending upon the nature of
the employee's job. Failure to report the use of such drugs or other substances or
failure to provide proper evidence of medical authorization will result in disciplinary
action. Any information received from an employee under this provision will be kept
confidential except to the extent it may be shared with individuals who are in a need
to know position.
The City reserves the right to have a physician of its own choice determine if the
medical condition or medication produces hazardous effects at the prescribed
dosage and may restrict the employee's work activity.
.05 Additional Employee Responsibilities
Employees scheduled to be on call are expected to be fit for duty upon reporting to
work. An employee scheduled to be on call who is called out is subject to the
provisions of this policy.
Employees shall notify their immediate supervisor if their driver’s license is revoked,
suspended or withdrawn. Notification must be made before the end of business the
date following the date the driver receives notice. The employee’s supervisor must
notify Human Resources, Risk Management and their Department Head within
twenty-fours after the supervisor is notified.
Each City employee who observes or has knowledge of another employee in an
impaired condition to perform his job duties or who poses a hazard to the safety and
welfare of the employee or others shall promptly report this fact to his immediate
supervisor. The employee making the observations must file a written report to the
suspected employee's supervisor within 24 hours of observing or learning of the
condition. Any employee concealing the use of or condition of being under the
influence of drugs, controlled substances, or alcohol by other employees on the job,
or failing to make such a report will be subject to disciplinary action including
suspension or termination. The suspected employee's supervisor must then
determine whether this information, along with his own observations, warrant a
reasonable suspicion test. The supervisor will also forward the employee's written
report immediately to his own Department Head in a confidential manner.
If, after investigating a report of an employee's impaired condition, the supervisor
finds that the reporting employee has knowingly provided false information regarding
the suspected employee, disciplinary action may be taken against the individual who
filed the report and knowingly gave such false information.
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Any employee who makes a reasonable cause observation or who may be a witness
at an accident scene shall also maintain complete confidentiality. Breach of
confidentiality relating to test results or any other related matters will subject the
employee to disciplinary action.
All supervisors and Department Heads are responsible for documenting poor
performance, for recognizing reasonable suspicion of drug or alcohol use by
employees, maintaining confidentiality, and for carrying out the provisions of this
policy.
.06 Call for Special Duty
If an employee is called to special duty at a time when they are off duty and not on
stand by duty, and they have been consuming intoxicants, the employee shall report
this usage to the person calling them for special duty. The person receiving the
notification from the employee shall promptly notify the requesting supervisor. The
employee will not be required to report for special duty until such a time that the
employee is in compliance with this drug and alcohol policy (or their own
departmental policy if it is stricter than this policy). Any employee who fails to notify
the caller of his condition and reports to work is subject to the provisions of this policy.
.07 Required Drug and Alcohol Testing
When a reasonable suspicion exists that an employee is impaired or under the
influence of a controlled substance or alcohol, the employee shall be required to
undergo a controlled substance and alcohol test at the City's expense. The exam
shall consist of a urine and breath and/or blood test and may include a physical
examination by a physician. Reasonable suspicion may include, but not be limited
to, the following:
(1) Vehicle accidents in which the employee was involved during working hours;
(2) Abuse of City property;
(3) Personal injury suffered by the employee, injuries caused to others, damage
to others property;
(4) Employee behavior problems such as fighting, declining work performance,
argumentative, uncooperative, or other disruptive behavior;
(5) Receipt of written or oral statements by employees or others concerning use
of drugs or alcohol by employees or being under the influence;
(6) Possession of any drug, drug container, or drug paraphernalia, or any open
alcoholic beverage container during working hours or while on stand by duty,
or in a City vehicle, or on City property;
(7) Indications of possible impairment or intoxication which include the following:
(a) Slurred speech
(b) Disorientation
(c) Job impairment (inability to perform the job in a routine manner)
(d) Odor of alcoholic beverages
(e) Odor of other substances
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(f) Unsteady gait or balance
(g) Glassy eyes
(h) Drowsiness
(i) Euphoria
(j) Mood swings
(k) Inattentiveness
(l) Excitement or confusion
(m) Irritability
(n) Aggressiveness
(o) Other erratic behavior
If an on the job accident or an accident involving City equipment is
serious enough that the Risk Manager is called to the scene, and the
Supervisor and Risk Manager together decide that reasonable
suspicion exists to warrant testing, the employee will be tested for
both drugs and alcohol as soon as possible. If the two disagree, or
if the Risk Manager is unavailable, the Supervisor's Department
Head shall make the final determination. If the Department Head is
unavailable, either the Assistant City Manager or City Manager shall
make the final determination.
The supervisor of an employee who is seriously injured and cannot provide a
specimen at the time of the accident will accompany the employee to the hospital
and request that the hospital perform the tests necessary to determine the presence
of controlled substances and alcohol in the employee's body at the time of the
accident. The employee will provide the necessary authorization for the City to obtain
these reports. In a medical emergency, the first consideration will be the health and
welfare of the employee.
.08 Testing Methods
The methods by which substance abuse or alcohol use will be tested may include,
but are not limited to, the following:
(1) urinalysis
(2) breath analysis
(3) blood screening
.09 Procedures for Administering Tests
(1) General
The Human Resources Director or designee is authorized to develop,
administer and modify testing procedures as required.
A copy of the City of Grapevine Drug and Alcohol Policy shall be provided to
the testing company before any tests are conducted. The testing company
shall comply with the procedures outlined in this policy when conducting tests.
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The testing company shall contact the City's Human Resources Director
whenever it believes it is necessary to amend the testing procedures.
When a reasonable suspicion exists that an employee is impaired or under
the influence of a controlled substance or alcohol, the employee shall be
transported by the supervisor to the testing facility. This procedure is for use
Monday through Friday 8:00 a.m. to 5:00 p.m.
For reasonable cause/suspicion testing after business hours and on holidays
refer to the City of Grapevine Supervisory Procedures for Post-
Accident/Reasonable Cause, Holidays and After Hours Testing which can be
located on the City’s intranet on the links “After Hours Drug Test – CDL.doc”
or “After Hours Drug Test – FRA.doc”. Supervisors are encouraged to keep
a printed copy of these procedures in the glove box of their City vehicle or
other easily accessible location.
The employee will be required to show positive picture identification to the
collector. Consequently, employees are required to carry their valid driver’s
license with them while at work. Employees who do not have valid driver’s
licenses are required to carry a City identification card while at work.
(2) Drug Testing Procedures
(a) The employee shall complete a consent form prior to testing. If the
employee is under the age of 18, the supervisor must get written
parental consent using the standard consent form. If the
employee/parent does not understand what he is signing, the collector
shall explain the form to the employee. The form authorizes the
exam/test and the release of medical information regarding the
employee's medical condition and any test results. Refusal to submit
to testing will be treated the same as a positive controlled substances
test result.
(b) The collector shall provide the employee with a container. The
specimen shall be produced in a location that provides privacy. The
collector shall split the specimen into two containers in the presence of
the employee. The urine placed in the second container shall be used
for a second test in case the employee requests a re-test of an initial
positive, adulterated, or substituted result.
(3) Alcohol Testing Procedures
(a) The employee shall complete a consent form prior to testing. If the
employee is under the age of 18, the supervisor must get written
parental consent using the standard consent form. If the
employee/parent does not understand what he is signing, the collector
shall explain the form to the employee. The form authorizes the
exam/test and the release of medical information regarding the
employee's medical condition and any test results. Refusal to submit
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to testing will be treated the same as a breath alcohol content equal to
or greater than 0.04.
(b) The employee's breath alcohol content shall be analyzed using an
Evidential Breath Testing device (EBT) operated by a Breath Alcohol
Technician (BAT). The test shall be conducted in a private setting.
(4) Medical Examination
If the employee is unable to provide adequate breath or urine to conduct
testing, the City may require the individual to undergo a medical evaluation to
develop pertinent information concerning whether the individual's inability to
provide a specimen is genuine or constitutes a refusal to test. The cost of the
medical exam shall be paid by the City and the employee will remain in a leave
without pay status while awaiting the results of the medical exam.
.10 Post-Test Procedure
The supervisor who makes a determination that reasonable suspicion exists to
conduct a drug or alcohol test will prepare a written record of the observations leading
to the test within 24 hours of the observation.
When drug and alcohol testing is conducted, the employee shall remain off-duty in a
leave without pay status (pursuant to the Fair Labor Standards Act regarding the
docking of pay for exempt employees) pending the results of the exam and any other
type of investigation the City may conduct. Exam results will be sent confidentially to
Human Resources.
Any time a reasonable suspicion or post-accident drug and/or alcohol test is
conducted, the supervisor shall ensure that the employee does not drive
themselves home in either their personal vehicle or in an assigned City vehicle.
.11 Exam Results
(1) Confidentiality
The results of any drug and alcohol test shall be strictly confidential and shall
not be disclosed without the prior written approval of the employee tested
unless otherwise required by law. However, nothing in this paragraph will
prohibit the lab, the MRO, or testing company from releasing information
relevant to an employee's test results to the designated City official(s).
Additionally, only those persons in management directly involved in the
decision-making process related to the tested employee will obtain any drug
and alcohol testing information retained by the City. There may be some
instances where overriding public health or safety concerns may require the
release of information otherwise considered confidential. All records of the
City shall be subject to the provisions of the Texas Open Records Act.
A copy of the results of the exam shall be supplied to the employee examined,
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and the original exam results shall be maintained securely stored in Human
Resources for a period of at least two years, after which time they may be
destroyed. The Human Resources Director may, however, maintain the exam
results and any reports on individuals who have violated this policy for the
purpose of recording the number of violations.
Management and supervisory personnel who are authorized to have access
to alcohol and drug test results or medical information pertaining to this policy
will maintain complete confidentiality regarding this information.
(2) Drug Testing Results
The employee shall remain off-duty in a leave with pay status (pursuant to the
Fair Labor Standards Act regarding the docking of pay for exempt employees)
until the results of the controlled substance test are received by the Human
Resources Department and until any other investigative procedures are
complete. If the results are negative, unadulterated, and not substituted, no
disciplinary hearing will be held and the employee will be paid as though he
worked as scheduled for this time at a straight time rate in accordance with
the Overtime Policy #406 pertaining to administrative leave with pay.
A Medical Review Officer (MRO) shall review and interpret positive,
adulterated, and substituted results obtained from the lab. The MRO will
examine the possible alternate medical explanations for any positive test
results, adulterated or substituted results and give the individual testing
positive or the individual with an adulterated or substituted test result an
opportunity to discuss the test results prior to making a final decision. The
MRO may verify an adulterated, substituted or positive test result to the
Human Resources Director without having communicated with the employee
if the employee expressly declines to discuss the results of the test, or if the
employee has not contacted the MRO within 5 days after a documented
confidential contact by the Human Resources Director instructing the
employee to contact the MRO.
An employee whose urine sample has tested positive for a controlled
substance or has an adulterated or substituted test result has the option,
within 72 hours of being notified by the MRO, of having the other portion of
the sample tested at another DHHS-certified laboratory of the MRO’s choice.
The City will require the employee to pay cash in advance for the cost of
shipment and analysis of the urine sample for re-testing. The employee will
remain on leave without pay while awaiting the results of the re-test. If the
remaining portion produces a negative, unadulterated or non-substituted
result, or for any reason the remaining portion is not available, the test is
considered negative, no sanctions will be imposed and no disciplinary hearing
will be held. Additionally, the City will reimburse the employee for the expense
of the re-test and the employee will be paid as though he worked as scheduled
for this time at a straight time rate in accordance with the Overtime Policy 406
pertaining to administrative leave with pay.
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Results which are positive for an illegal drug or controlled substance, or are
adulterated or substituted will result in termination of the employee. Upon
receipt of a positive drug test, an adulterated or substituted test result, the
Human Resources Director shall confidentially notify the employee's
Supervisor and Department Head and shall schedule a disciplinary hearing
giving written notice of the date, time and place of the hearing and a copy of
the test results to the employee tested. At the hearing the employee shall
have the opportunity to challenge the test results or the testing procedure. If
the employee is found to be in violation of this policy, the employee will be
terminated from employment.
(3) Alcohol Testing Results
Employees who test below 0.02 breath alcohol concentration will not be
allowed to return to duty until results of both the drug and alcohol tests are
received by the City. A department's rules and regulations will prevail over this
policy only where they are more restrictive than this policy. If the employee is
placed on leave without pay (pursuant to the Fair Labor Standards Act
regarding the docking of pay for exempt employees) or terminated from
employment as a result of violating departmental policy, the employee will be
provided a notice of hearing by the Human Resources Director and a
disciplinary hearing shall be held.
Employees who test equal to 0.02 but less than 0.04 breath alcohol
concentration will:
(a) be taken home under the provisions of Section.10 Post-Testing
Procedure and will not be allowed to return to duty for 24 hours after
the conclusion of the initial alcohol test nor until drug testing results are
received by the City;
(b) be placed on leave without pay and will not be allowed to perform any
work on behalf of the City for the 24-hour period immediately following
the alcohol test nor until drug testing results are received by the City;
(c) be given a notice of disciplinary hearing stating the date, time, and
location of the hearing and a copy of the test results when they return
to work and are no longer under the influence of alcohol;
(d) be allowed to challenge the test results or the testing procedure at the
hearing;
(e) be required to submit to unannounced alcohol testing at least 6 times
while on duty during the 12 months immediately following the initial
test. The employee's Department Head or his designee will determine
when the unannounced tests will be conducted;
(f) be terminated if their breath alcohol concentration falls in this range
twice in any consecutive 12-month period. Further, an employee will
be terminated if their breath alcohol concentration falls in this range a
total of four times during their employment with the City of Grapevine,
regardless of any break in service.
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Employees who test equal to or greater than 0.04 breath alcohol
concentration will:
(a) be taken home under the provisions of Section .10 Post-Testing
Procedure;
(b) immediately be placed on leave without pay and will not be allowed to
perform any work on behalf of the City;
(c) be provided with a notice of a disciplinary hearing stating the date, time
and place of the hearing and a copy of the test results;
(d) be allowed to challenge the test results or the testing procedure at the
hearing;
(e) be terminated from employment with the City if they are found to be in
violation of this policy.
.12 Employee Cooperation
All employees are expected to cooperate in the testing process. Refusal to take a
drug and alcohol test or refusal to sign the consent form will be treated the same as
a positive controlled substance test result or a breath alcohol content equal to or
greater than 0.04. Failure to provide adequate breath or urine specimens for testing
without a valid medical explanation is also considered a refusal to submit to testing.
Any conduct that clearly obstructs the testing process such as tampering with a
specimen or the testing procedure including the use of adulterants or substitutions
will result in termination.
.13 Operation of Vehicles and Equipment
Under no circumstances shall an employee operate a motor vehicle or motorized
equipment while under the influence of drugs or alcohol (with the exception listed
under subsection .16 (a) and (b) of this policy), or under the influence of medication
which may affect the employee's ability to operate such equipment. Additionally,
when the supervisor has information from another employee (as defined in Section
.05 Additional Employee Responsibilities) or when reasonable suspicion exists (as
defined in Section .07 Required Drug and/or Alcohol Testing), an employee shall not
be allowed to operate any motor vehicle or motorized equipment until the supervisor
has investigated the situation and determined if testing for drugs and alcohol is
warranted. If the supervisor determines that reasonable suspicion does not exist, the
employee will be allowed to return to their regular duties. If reasonable suspicion
exists, the employee will be tested in accordance with Section 09. Procedures for
Administering Tests.
.14 Searches and Inspections at the Workplace
An employee and their personal property, as well as City property and equipment
may be searched when there is reasonable suspicion (as defined in Section .07
Required Drug and Alcohol Testing) to believe that the employee is in violation of this
policy.
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The City may conduct these inspections and searches for drugs, alcohol, or
contraband on City premises or in City vehicles or equipment wherever located.
Searches and inspections may be initiated without prior notification and conducted
at times and locations deemed appropriate by the City.
Notification will be made prior to the inspection of personal effects to include, but are
not limited to personal vehicles, baggage, lockers, desks, toolboxes, and lunch
boxes.
An employee may have the right to refuse a search, however, an employee's consent
to a search is required as a condition of employment and the employee's refusal will
result in disciplinary action up to and including discharge, even for a first refusal.
Controlled substances, drugs believed to be illegal and drug paraphernalia found on
City property will be turned over to the appropriate law enforcement agency and full
cooperation given to any subsequent investigation. Substances which may be
identified as an illegal drug by a layman's examination will be turned over to law
enforcement authorities as well.
Other forms of contraband such as firearms, explosives and lethal weapons will be
subject to seizure during an inspection or search. An employee who is found to
possess contraband on City property or while on City business will be subject to
discipline up to and including discharge.
.15 Employee Convictions
Any employee convicted of a violation of a criminal drug or alcohol statute for conduct
occurring while on duty or on City property must notify the City of such conviction
within 5 days of the conviction.
If an employee fails to report such conviction, the employee will be subject to
disciplinary action up to and including termination for the first offense.
.16 Social Functions
Employees attending training and conferences may participate in social functions
associated with the conference. This includes the consumption of alcohol, as long
as the employee's conduct does not reflect adversely upon the City. Employees who
consume alcohol at these functions are encouraged not to drive; they shall not
operate any City-owned vehicle.
(1) Employees participating in charity or other social events such as golf
tournaments, whether sponsored by the City of Grapevine or not, will schedule
vacation for the day/hours which coincide with their regular work days/hours
unless the employee is attending as a function of their official employment
role. Very few employees will be required to attend as a function of their
official employment role.
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(a) If the employee who is attending as part of their official employment role
chooses to consume alcohol at the event, the employee will schedule
vacation for the entire day. The employee will not drive any City vehicles
or equipment to or from the event. Additionally, the employee will not
operate any City-owned motorized equipment at the event that is not
available to the general public to use.
(b) If the employee is attending as part of their official employment role and
consuming alcohol is also part of their official employment role at the event
(e.g., a golf tournament sponsored by a Grapevine-based winery), the
employee will not be required to schedule vacation for the entire day.
However, the employee’s breath alcohol concentration will not exceed
0.04 (reference Human Resources Policy Manual 905. Drug and Alcohol
policy, section .01 Definitions, Definition of “Substance Abuse,” subsection
(2)). The employee who consumes alcohol as part of their official
employment role at the event will not drive any City vehicles or equipment
to or from the event. Additionally, the employee will not operate any City-
owned motorized equipment at the event that is not available to the
general public to operate.
.17 Off-Duty Conduct
The City reserves the right to take disciplinary action, up to and including discharge,
in the event an employee's off-duty involvement with controlled substances and/or
alcohol is damaging to the City's reputation or business and/or is inconsistent with
the employee's job duties or when such off-duty conduct results in impairment of the
employee's performance on the job.
It is prohibited to consume alcohol while in a City work uniform.
.18 Reservation of Rights
The City reserves the right to interpret, change, rescind, or depart from this policy in
whole or in part without notice. Nothing contained in this policy shall be construed
as creating or constituting a contract with any employee, whether expressed or
implied.
.19 Definitions
"Abuse of City property” is exemplified by, but not limited to, the following:
(1) Negligent or willful damage or destruction of City equipment or property;
(2) Waste of materials or negligent loss of tools or materials;
(3) Improper maintenance of equipment;
(4) Damage caused by the use of tools or equipment for purposes other than that
for which the tool or equipment was intended.
“Adulterant” means a masking agent that prevents the detection of drug use in a drug
testing specimen or any other substance used to tamper with the specimen.
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"Alcoholic beverage" means alcohol, or any beverage, containing more than one-half
of one percent by volume, which is capable of use for beverage purposes, either
alone or when diluted.
"Alcohol concentration (or content)" means the alcohol in a volume of breath
expressed in terms of grams of alcohol per 210 liters of breath as indicated by an
Evidential Breath Test (EBT).
"Contraband" means any article, the possession of which on City premises or while
on City business causes an employee to be in violation of a City work rule or penal
law. Contraband includes illegal drugs and open containers of alcoholic beverages,
drug paraphernalia, lethal weapons, firearms, explosives, incendiaries, stolen
property, and counterfeit money. Nothing shall preclude the possession of
contraband for the purposes of educational instruction pursuant to the employee's
job responsibilities.
"Controlled substances" means any drug, substance or immediate precursor listed
in Schedules I-V or Penalty Groups 1-4 of the Controlled Substances Act of 1988 as
it may be revised from time to time.
"Drug" or "Illegal drug" means any drug in any detectable amount which is not
legally obtainable; any drug which is legally obtainable but has not been legally
obtained; any prescribed drug not legally obtained; any prescribed drug not being
used for the prescribed purpose; any over-the-counter drug being used at a
dosage level different than recommended by the manufacturer or being used for a
purpose other than intended by the manufacturer; and any drug being used for a
purpose not in accordance with bona fide medical therapy. Examples of illegal
drugs are cannabis substances such as marijuana and hashish, cocaine, heroin,
phencyclidine (PCP), and so-called designer drugs and look-alike drugs.
“Drug Paraphernalia” means equipment, a product or material that is used or
intended for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, or concealing a controlled
substance in violation of this policy or in injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance.
“Medical Review Officer" (MRO) means a licensed physician (doctor or doctor of
osteopathy) responsible for receiving and reviewing laboratory results generated by
an employer's drug testing program who has knowledge of substance abuse
disorders and has appropriate medical training to interpret and evaluate medical
explanations for certain drug test results.
"Physician" means a physician licensed by the State Board of Medical Examiners.
"Proper medical authorization" means a prescription or other written approval from a
physician for the use of a drug in the course of medical treatment. It must include
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the name of the substance, quantity/amount to be taken, the period of authorization,
and whether the prescribed medication may impair the employee's job performance.
This requirement also applies to refills of prescription drugs.
"Refusal to submit to alcohol or drug test" means that an employee:
(1) Refuses to sign a consent to testing form;
(2) Fails to provide adequate breath or urine for testing without a valid medical
explanation after he has received notice of the requirement for testing;
(3) Engages in conduct that clearly obstructs the testing process;
(4) Uses adulterants to prevent the detection of drug use in a drug testing
specimen, uses a substituted specimen or uses any other substance to
tamper with the specimen.
Any refusal to submit to testing will be treated the same as a positive
controlled substances test result.
"Substance abuse" is exemplified by, but not limited to, the following:
(1) Ingestion, inhalation, or injection of a controlled substance without proper
written medical authorization;
(2) Ingestion of an alcoholic beverage during working hours or on City property
unless consuming alcohol is also part of the employee’s official employment
role at a specific event where the employee's ingestion is pursuant to their job
responsibilities and where the employee's breath alcohol content is below
0.04. The employee’s breath alcohol content may be above 0.04 only in
specifically sanctioned situations such as an intoxilyzer training class where
higher levels are an integral part of the training.
(3) Ingestion of an alcoholic beverage in a City vehicle, or while operating
City equipment, or while on call or on stand by duty;
(4) Ingestion, inhalation, or injection of a controlled substance without proper
medical authorization, or ingestion of an alcoholic beverage during non-
working hours, which causes an employee to be unable to work in a safe and
effective manner during working hours;
(5) Use of prescription or over-the-counter medication in a manner which it was
not intended.
“Substituted specimen” means the creatinine and specific gravity values are so
diminished that they are not consistent with human urine.
"Testing Facility” means a hospital, clinic, or laboratory approved by the City to be
used to collect body fluid or breath samples to be analyzed for specific controlled
substances or alcohol. The facility will have all the required personnel, materials,
equipment, and supervision to provide for the collection, security, temporary storage,
and transportation of the samples to the testing laboratory, or to conduct alcohol
testing.
"Under the influence" or "Impaired" is defined as abnormal behavior during working
hours or while on call or on stand by duty, which results from indulging in an alcoholic
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beverage, controlled substance, or drug which may limit an employee's ability to
safely and efficiently perform his duties or poses a threat to the safety of the
employee or others.
"Working Hours" means from the time the employee arrives at the job site until the
time he leaves including all lunch or other types of breaks.
Revised 05/26/2016
Revised 06/16/2021