SUBSTANCE ABUSE POLICY
I. INTRODUCTIONA.REASONS FOR POLICY: It is the finding of the Mayor and Aldermen of the City of
(hereinafter "City" or "City of ") that the misuse of drugs, alcohol or any
substance having a physiological, psychological or biochemical effect impairs the health,
performance, safety and welfare of its employees and the general public. The City is
committed to maintaining a productive, safe and healthy work environment free of illegal
drug and alcohol use. Moreover, as a result of its responsibilities to the citizens of
, particularly with regard to police, fire and safety matters, the City has a compelling
obligation to eliminate illegal drug and alcohol use by its employees.
B. STATEMENT OF POLICY : 1.Illegal Drugs: The use or possession by or presence of illegal drugs in the
system of employees of the City of while on the job, or on City property is
prohibited. Employees, who manufacture, distribute, transfer, possess, or use
illegal drugs while on the job or on City property or who have a presence of illegal
drugs in their system, are subject to immediate termination.
2.Alcohol: Employees are not to use or possess alcohol or alcoholic beverages
on City property, nor are they to be under the influence of alcohol during working
hours. Employees in violation of this policy are subject to immediate termination.
3.Compliance Policy: All employees and all applicants, who are offered
employment, are required to abide by the terms of the City of Substance
Abuse Policy (hereinafter "SAP"). All employees are required, as a condition of
continued employment, to consent to medical screening and searches according
to the procedures for administrating the SAP. All applicants, who are offered
employment, are required, as a condition of continued employment, to consent to
medical screening and searches according to the procedures for administrating
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the SAP. All applicants, who are offered employment, are required, as a
condition of employment, to consent to medical screening and searches
according to the procedures for administrating the SAP. All employees are
required to notify their immediate supervisor within five (5) days after any criminal
drug statute conviction for any drug violation. Leased, part-time, or contract
personnel are required to abide by the terms of the SAP and are required to
consent to medical screening and searches according to the procedures for
administrating said policy. Any employee or applicant violating the SAP shall be
subject to termination or, as to applicant's, will be denied employment.C.NATURE, FREQUENCY AND TYPES OF TESTING: The City's SAP includes the
following types of drug and alcohol testing:
1. Applicant testing;2.Reasonable suspicion testing;3.Accident or unsafe practice testing;4.Testing as part of or as a follow-up to counseling or rehabilitation. The City shall use independent laboratory testing to detect or to conform
violations of this policy. Laboratory testing includes, but is not limited to, urinalysis,
breath analysis and blood analysis. Laboratory testing shall be undertaken in
accordance with this policy. The City shall not be involved in laboratory testing, the
collection of urine or other samples, or the initial reporting of test results. D. ENFORCEMENT OF POLICY : Any violation of this SAP, including but not limited to, a
refusal to consent to laboratory testing, an attempt to provide a fraudulent specimen or
otherwise circumvent testing, failure to enter or successfully complete substance abuse
rehabilitation, requires that the employee be immediately terminated. In other
circumstances constituting a violation of this policy, the employee shall be subject to
immediate termination but it is within the City's sole discretion to determine appropriate
discipline and whether to continue an employee's employment and under what
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conditions. The City reserves the right to conduct personal searches of employees' personal
effects located on City property when it reasonably believes this policy has been
violated. Entry upon the City's premises by employees will be deemed to constitute
consent by the employee to personal searches. E.DRUGS TO BE TESTED FOR: The City shall test for the use of prohibited drugs in the
following groups:
a.Marijuana;b.Cocaine;c.Opiates;d.Amphetamines;e.Phencyclidine (PCP).
The above list may be amended from time to time to include testing for other
drugs pursuant to prior approval by the City, provided the United States Department of
Health and Human Services has established an approved testing protocol and a positive
threshold for each such test. II. DEFINITIONS
a)"Applicant" means any individual tentatively selected for (1) employment with the
City but who has not yet commenced work; and (2) for a testing designated
position, and who has not, immediately prior to selection, been subject to
random testing.b)"Employees" means all officers of the City and all individuals working for the City
either on a full time, part-time, contract or leased basis and any applicant as
defined herein.c) "Enforcing Officer" shall be an individual or individuals appointed by the Mayor
and Aldermen for the purpose of overseeing and implementing the Substance
Abuse Policy.d) "Employee Assistance Program" or "EAP" means the City's counseling program
that offers assessment, short term counseling, and referral services to
employees for a wide range of drug, alcohol and mental health problems and
monitors the progress of employees while in treatment.e) "Employment Assistance Program Administrator: means the individual
4 designated by the City to be responsible for implementing and operating the EAP
by providing counseling, treatment and education services to employees and
supervisors regarding the EAP. f) "Illegal Drugs" means a controlled substance included in Schedule I or II, as
defined by Section 802(6) of Title 21 of the United States Code, the possession
which is unlawful under Chapter 13 of that title. The term "illegal drugs" does not
mean the use of a controlled substance pursuant to a valid prescription or other
uses authorized by law. As used in this policy, "illegal drugs" are: (1) those
substances whose possession, transfer, use or sale or control are prohibited by
law, including so called "designer drugs"; and (2) prescription drugs which are
possessed, transferred, used or sold by a person for whom the drugs have not
been prescribed for that use by either a physician or dentist.g) "Medical Review Officer" means the individual responsible for receiving
laboratory results generated as a result of the City's Substance Abuse Policy who
is a licensed physician, or doctor of osteopathy with knowledge of substance
abuse disorders and the appropriate medical training to interpret and evaluate all
positive test results together with an individual's medical history and any other
relevant biomedical information.h)"Negative Drug Test" means a drug test that does not show evidence of a
prohibited drug in an employee's system.i)"Policy" means this Substance Abuse Policy in its entirety.j) "Prohibited Drug" means any drugs which are considered a part of the group of
drugs listed in Section I(E) of this Substance Abuse Policy.k) "Supervisor" shall mean an employee having authority to direct, assign, suspend
or discipline employees, to adjust their grievances, or to effectively recommend
such action, if the exercise of the authority is not merely routine or clerical in
nature but requires the consistent exercise of independent judgment.l) "Test" or "Testing" shall mean a test for illegal drugs or alcohol.m) "Verified Positive Result" means the test results that was positive on an initial
FDA approved immunoassay test, confirmed by a gas chromatography/mass
spectrometry assay, (or other confirmatory tests approved by the Department of
Health and Human Services), and reviewed and verified by the Medical Review
Officer in accordance with this policy. III. GENERAL NOTICE OF TESTING POLICY Written notice of the City's SAP shall be given to all City employees and all applicants.The notice shall contain the following information:(a)The circumstances under which testing may occur.
5 (b)That opportunity shall be afforded to submit medical documentation of lawful use
of an otherwise illegal drug.(c) That the laboratory assessment is a series of test which are highly accurate and
reliable, in that, as an added safeguard, laboratory results are reviewed by the
Medical Review Officer.(d)That positive test results verified by the Medical Review Officer may only be
disclosed to the employee, the EAP Administrator, the appropriate management
officials necessary to process an adverse action against the employee, or a court
of law or administrative tribunal in any adverse personnel action.(e) That all medical and rehabilitation records in an EAP shall be deemed
confidential patient records and may not be disclosed without the prior written
consent of the patient, an authorizing court order, or otherwise as permitted by
law.(f) A statement to the City's policy concerning substance abuse testing.(g) The consequences of positive test results.(h) The consequences of refusal to undergo a drug test.(i) The right to explain positive test results and appeal of procedures available.(j)The availability and procedures necessary to obtain counseling and referral
through the EAP. IV. DRUG TESTING BASED ON REASONABLE SUSPICION
A.GENERAL: In addition to random drug testing, the City may require any and all
employees to submit to a test if there is a reasonable suspicion that the employee is
violating the Substance Abuse Policy. Reasonable suspension must be based on
specific physical, behavioral or performance indicators of probably illegal drug or alcohol
use. Although reasonable suspicion testing does not require certainty, mere "hunches"
are not sufficient to meet this standard.
B. GROUNDS: Reasonable suspicion testing may be based upon, among other things: 1) Observable phenomena, such as direct observation of drug or alcohol use or
possession by the employee;2) Abnormal conduct or erratic behavior;
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3)Physical symptoms of being under the influence of a drug or alcohol including,
but not limited to, glassy or bloodshot eyes, slurred speech, poor coordination or
reflexes;4)Information provided by reliable and credible sources, including but not limited to,
evidence obtained from an arrest or criminal conviction or identification of an
employee as the focus of a criminal investigation into illegal drug or alcohol
possession, use or trafficking;5)Excessive tardiness;6)Excessive absenteeism;7)Decrease in job performance;8)Repeated on-the-job mistakes;9)Frequent violation of on-the-job rules and regulations;10)Newly discovered evidence that the employee has tampered with a previous drug
or alcohol test. C.PROCEDURES: If an employee is suspected of using illegal drugs or alcohol, the
appropriate supervisor shall gather all information, facts and circumstances and shall
detail in writing on Form the facts, symptoms or observations which form the
basis for reasonable suspicion. The supervisor shall then submit such written material to
one of the following: (1) Mayor; (2) any Alderman; or (3) Enforcing Officer, and obtain
their concurrence that the reasonable suspicion of illegal drug or alcohol use exist. The
report shall include the appropriate dates and times of reported drug or alcohol related
incidents, reliable/credible sources of information, rationale leading to the test and the
action taken.
D.OBTAINING THE SAMPLE: After the supervisor has obtained the concurrence of the
Mayor, any Alderman or Enforcing Officer that reasonable suspicion exist, the employee
shall be notified and the test shall be scheduled for that same day, preferably within two
(2) hours of the time the concurrence was given.
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V.APPLICANT TESTINGA.OBJECTIVES: To maintain the highest professional standards of the City's work force,
it is imperative that individuals who use illegal drugs or alcohol be screened out during
the initial employment process before they are placed on the employment roles of the
City. This procedure will have a positive effect of reducing instances of illegal drug and
alcohol use by employees working within or working for the City, and will provide a safer
work environment. For these reasons, drug testing shall be required of all applicants, as
defined in Section II.
B. VACANCY ANNOUNCEMENTS: Every vacancy announcement for positions
designated for applicant testing shall state:
All applicants tentatively selected for this position will be required to submit to
urinalysis to screen for illegal drug and alcohol use prior to appointment." In addition, each applicant shall be notified that appointment to the position is
contingent upon a negative drug test result. Failure of the vacancy
announcement to contain this statement will not preclude applicant testing if
advance written notice is provided applicants in some other manner.
C. PROCEDURES: The Enforcing Officer shall direct the applicant to an appropriate
collection facility. The test must be undertaken as soon after notification is possible, and
no later than 48 hours after notice to the applicant. Where appropriate, applicants may
be reimbursed for reasonable travel expenses.
Applicants shall be advised of the opportunity to submit medical documentation
that may support legitimate use for a specific drug and that such information will be
reviewed only by the Medical Review Officer to determine whether the individual is
legally using an otherwise illegal drug. The City requires that all job applicants otherwise
eligible for hiring be medically screened for the presence of illegal drugs or the misuse of
prescribed drugs. Upon a request made within sixty (60) days of the notice of
employment decision, an applicant shall be provided with the results of this testing.
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Applicants shall sign a statement acknowledging the City's policy and their agreement to
comply with this policy. This statement shall be signed during the applicant's initial job
interview, at which time the City's substance abuse policy shall be explained.D. PERSONNEL OFFICIALS: On notification that an individual has been tentatively
selected for employment with the City, the appropriate supervisor shall assure, after
consultation with the Medical Review Officer, that a test has been conducted on that
individual and determine whether the test result is a verified positive result.
E.CONSEQUENCES : The City shall decline to extend a final offer of employment to any
applicant with a verified positive test result, and such applicant may not reapply to the
City for a period of six (6) months. The City shall inform such applicant that a confirmed
presence of an illegal drug or alcohol in the applicant's urine precludes the City from
hiring the applicant.
The applicant shall not be eligible for employment with the City for six (6) months
and, upon reapplication for employment shall be rescreened. VI. OTHER TYPES OF TESTINGA. POST ACCIDENT TESTING: The City is committed to providing a safe and secure
work environment. All employees of the City of involved in work related accidents
regardless of whether or not the accident involves personal injury or damage to property
may be required immediately to submit to a drug or alcohol test. A drug or alcohol test
shall be conducted if the employee involved in the accident is not clearly without fault or
if his or her performance contributed or may have contributed to the accident in the
judgment of the employee's supervisor. The drug or alcohol test shall be given as soon
as possible after the accident, but not later than 24 hours after the accident. The
employee's supervisor should take reasonable steps to obtain a urine sample, as soon
as feasible after the accident. In the event of injury requiring emergency treatment or
hospitalization, the hospital may be requested to obtain a urine sample. If the employee
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is rendered unconscious by the accident or otherwise unable to consent to the drug test,
the City may request the treating facility to take a urine sample. Each employee shall
provide the City with written permission authorizing the City to order a drug or alcohol
test on the employee when the employee is unconscious or otherwise unable to do so
after the accident. This permission may be furnished by the City to the treating facility, if
required.B.FOLLOW-UP TESTING: All employees referred through administrative channels who
undergo a counseling or rehabilitation program for illegal drug or alcohol use through the
EAP shall be subject to unannounced testing following completion of such a program for
a period of five (5) years. Such employee shall be tested at an increased frequency of
once per month. Such testing is distinct from testing which may be imposed as a
component of the EAP.
VII. TEST PROCEDURES IN GENERALA. CONFIDENTIALITY: The results of the individual drug test shall not be released to
anyone other than the testing laboratory, the Medical Review Officer, the Enforcing
Officer of the City or as otherwise provided herein, without the express written
authorization and consent of the individual. Also, without the employee's express written
consent, the City shall not release employees records relating to drug or alcohol testing
and drug or alcohol rehabilitation to any subsequent employer. In order to maintain
confidentiality, written records of drug and alcohol testing shall be stored in a secured
location where they are not readily accessible.
B. TESTING PROCEDURES: 1.The Drug Testing will be performed by a laboratory certified by the National
Institute on Drug Abuse ("NIDA").2. The collection site for this policy is or such other place as the Mayor and
Aldermen may designate from time to time.
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3.Any individual subject to testing under this Substance Abuse Policy, shall be
permitted to provide urine specimens in private, and in a restroom stall or similar
enclosure so that the employee is not observed while providing the sample.
Collection site personnel of the same gender as the individual tested may
observe the individual providing the urine specimen when such personnel have
reason to believe the individual may alter or substitute the specimen to be
provided. Collection site personnel may have reason to believe that a particular
individual may alter or substitute the specimen to be provided when:
(a)the individual is being tested pursuant to Section V relating to
reasonable suspicion testing;(b)has previously been found by the City to be an illegal drug user; or(c) has previously tampered with a sample. C. STORAGE OR URINE SAMPLES AND RE-TESTING:
1. All urine samples that test positive for prohibited drugs must be retained
by the drug-testing laboratory in frozen storage for at least 365 days. The
storage facility must be properly secured.2.Within this 365-day period, the employee, his representatives or the
employee may request that the laboratory retain samples for an additional
period of time. However, if within the initial 365 day period the laboratory
has not received written notification to retain the sample for an additional
specified reasonable period of time, the sample may be discarded
following the end of the 365 day period.3. If the Medical Review Officer determines that there is no explanation for
the verified positive test result other than the unauthorized use of an
illegal drug or alcohol, the original sample must be retested if the
employee makes a written request for retesting within 60 days of the
receipt of the final test result.
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4.The employee may request retesting by (1) the same laboratory, or a
second laboratory certified by the National Institute of Drug Abuse
("NIDA").
5.The employee shall be required to pay in advance the cost of shipment
and reanalysis of the sample. The employee shall be reimbursed for
such expense by the City of the retest is negative.6.If the employee specifies retesting by a second laboratory, the original
laboratory must then follow approved chain of custody procedures in
transferring a portion of the urine sample.7.Termination pursuant to the Substance Abuse Policy is final and is not
affected by a request to re-test, made after the effective date of
termination. 8.An employee who is to be terminated pursuant to the policy and who
requests a re-test prior to the effective date of the termination shall be put
on leave without pay pending the result of the re-test. If the re-test
confirms the presence of the prohibited drug or alcohol, the employee
shall be terminated. If the re-test does not confirm the present of a
prohibited drug or alcohol, the employee shall be reinstated at his regular
rate for the hours he normally would have worked on the days he was
suspended.
D.COST OF DRUG TESTING: The City shall bear the cost of the initial test for applicants
and employees. Any employee who tests positive for the use of prohibited drugs or
alcohol must pay the cost of a second test if he/she desires to have such test. The
employee may be required to pay the cost of the second test in advance.
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E.RIGHT TO APPLY FOR RE-EMPLOYMENT : 1.Any employee who has tested positive for use of prohibited drug can undergo
rehabilitation at the employee's cost and expense. In the event the rehabilitation
of the employee is completed within six (6) months and provided the employee
gets a certification that he is clear from the use of prohibited drugs, the employee
shall be eligible for re-employment with the City. This does not guarantee
reemployment. If re-employed, this does not guarantee that the employee will
have the same position or same salary that he had at the time of his termination.2. Any employee who has previously tested positive for prohibited drugs and is re-
employed by the City shall be given frequent unannounced drug tests in addition
to any random testing. The period of such unannounced testing may not exceed
sixty (60) months after the employee is re-employed by the City. In the event this
employee tests positive again, the employee shall be permanently fired without
any eligibility for re-employment. VIII. SPECIAL DUTIES AND RESPONSIBILITIESA. ENFORCING OFFICER: The City shall have an Enforcing Officer assigned to carry out
the purposes of this SAP. The Enforcing Officer shall be responsible for implementing,
directing, administering and managing the Substance Abuse Policy. The Enforcing
Officer shall serve as the principal contact with the laboratory and collection activities in
assuring the effective operation of the testing portion of the program. In carrying out his
or her responsibilities, the Enforcing Officer shall, among other duties:
1. Arrange for all testing authorized under this policy;2. Document, through written inspection reports, all results of laboratory inspection
conducted;3.Coordinate with and report to the Mayor and Board of Aldermen on Enforcing
Officer activities and findings that may effect the reliability or accuracy of
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laboratory results; 4.In coordination with the EAP Administrator, publicize and disseminate drug
program education materials and oversee training and education sessions
regarding drug and alcohol use and rehabilitation; and5.Coordinate all Enforcing Officer's duties so as to conserve resources and to
efficiently and speedily accomplish reliable and accurate testing objectives. B. EMPLOYEE ASSISTANCE PROGRAM ADMINISTRATOR: The EAP Administrator
shall:
1. Receive verified positive test results from the Medical Review Officer;2. Assume the lead role in the development, implementation and evaluation
of the EAP;3. Supervise EAP counselors, if any, and assist them in establishing and
administering the EAP;4. Advise and report to the Mayor and Board of Aldermen of the City
regarding EAP activity;5. Implement and operate the EAP;6. Provide counseling and treatment services to all employees referred to
the EAP by their supervisors or on self referral, and otherwise offer
employees the opportunity for counseling and rehabilitation;7. Coordinate with the Mayor and Board of Aldermen, the Medical Review
Officer and supervisors, as appropriate;8. Work with the Enforcing Officer to provide educational materials and
training to managers, supervisors and employees on illegal drugs in the
work place;9. Assist supervisors with performance and/or personnel problems that may
be related to illegal drug and alcohol use;10.Monitor the progress of referred employees during and after the
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rehabilitation and provide feedback to supervisors in accordance with the
confidentiality provisions of this policy; 11. Ensure that training is provided to assist supervisors in the recognition
and documentation of facts and circumstances that support a reasonable
suspicion that an employee may be using illegal drugs or alcohol;12. Maintain a list of rehabilitation treatment organizations which provide
counseling and rehabilitative programs, and include the following
information on each such organization:
a. name, address and phone number;b. type of services provided;c.hours of operation, including, emergency hours;d.the contact person's name and phone number;e. fee structure, including insurance coverage;f.client's specialization; andg. other pertinent information.
13.Periodically visit rehabilitative or treatment organizations to meet
administrative and staff members, tour the site, and ascertain the
experience, certification, educational level of the staff, and the
organization's policy concerning progress reports on clients and post-
treatment follow-ups; (1) serve as initial point of contact for employees who ask or are
referred to counseling;(2) be familiar with all applicable law and regulations including drug
and alcohol treatment and rehabilitation insurance coverage
available to employees through the City's health insurance;
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(3)be trained in counseling employees in the occupational setting,
and in identifying drug or alcohol use for document and sign the
treatment policy prescribed for all employees referred for
treatment, after obtaining the employee's signature on this
document;(4)in making referrals, consider: (a)nature and severity of the problem;(b)location of the treatment;(c)cost of the treatment;(d)intensity of the treatment environment;(e)availability of inpatient/out patient care;(f)other special needs, such as transportation and
child care; and(g)the preference of the employee. C.MEDICAL REVIEW OFFICER : The City shall designate a Medical Review Officer to
carry out the purposes of this Substance Abuse Policy. The Medical Review Officer
shall, among other duties:
1.Receive all laboratory test results;2.Assure that an individual who has tested positive has been afforded an
opportunity to discuss the test results in accordance with Section
of this policy;3.Consistent with confidentiality requirements, refer written determinations
regarding all verified positive test results to the EAP Administrator and the
Mayor, including a positive drug test form indicating that the positive test
result has been verified, together with all relevant documentation and
summary of findings;4.Confirm with the appropriate personnel official whether an individual who
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has been tentatively selected for employment with the City has obtained a
verified test result; 5. Coordinate with and report to the Mayor on all activities and findings on a
regular basis; and6. Coordinate all Medical Review Officer duties so as to conserve resources
and to efficiently and speedily accomplish reliable and accurate testing
objectives. D.SUPERVISORS: Supervisors shall be trained to recognize and address illegal drug and
alcohol use by employees, and shall be provided information regarding referral of
employees to the EAP, procedures and requirements for drug and alcohol testing, and
behavioral patterns that give rise to a reasonable suspicion that an employee may be
using illegal drugs or alcohol. Supervisors shall:
1. Attend training sessions on illegal drug and alcohol use in the work place;2. Initiate a drug test based on reasonable suspicion as described in Section
V;3. Refer employees to the EAP for assistance in obtaining counseling and
rehabilitation, upon a finding of illegal drug use;4. Initiate appropriate disciplinary action upon a finding of illegal drug use;
and5. In connection with higher level supervisors and the EAP Administrator,
assist in evaluating employee performance and/or personnel problems
that may be related to illegal drug use.
IX. FINDING OF DRUG OR ALCOHOL USE AND DISCIPLINARY CONSEQUENCES
A.DETERMINATION: An employee may be found to use illegal drugs or alcohol on the
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basis of any appropriate evidence, including but not limited to: 1. Direct observation;2. Evidence obtained from an arrest or criminal conviction;3.A verified positive test result; or4. An employee's voluntary admission. B.RANGE OF CONSEQUENCES: Except as provided in Section , disciplinary
action taken against any employee found to use illegal drugs or otherwise violate this
policy, may include the full range of disciplinary action including termination. The
severity of the action chosen will depend on the circumstances of each case will be
consistent with the reasons and purposes for this policy; provided, however, that such
action is not required upon an employee who voluntarily admits to illegal drug or alcohol
use, and obtains counseling or rehabilitation and thereafter refrains from using illegal
drugs or alcohol.
In any event, some disciplinary action must be initiated and may include any of
the following measures:1. Reprimanding the employee in writing;2. Placing the employee in an enforced leave status;3. Suspending the employee for 14 days or less;4. Suspending the employee for 15 days or more;5. Suspending the employee until the employee successfully completes the EAP or
until the Mayor and Board of Aldermen determine that action other than
suspension is more appropriate;6. Termination of employment. C. VOLUNTARY REFERRAL: The City is entitled to initiate action to discipline any
employee found to use illegal drugs or alcohol in every circumstance. The decision
whether to discipline a voluntary referral to the EAP shall be made by the Mayor and
Board of Aldermen on a case-by-case basis considering the relevant facts and
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circumstances. Although an absolute bar to discipline cannot be provided, the City, in
determining whether to discipline, shall consider that the employee has come forth
voluntarily. Since the key to this provision's rehabilitative effectiveness is an employee's
willingness to admit his or her problem, this provision is not available to an employee
who requests protection under this provision after: (a) being asked to provide a urine
sample in accordance with this policy; or (b) having been found to have used illegal
drugs or alcohol in violation of this policy. X. EMPLOYEE ASSISTANCE PROGRAMA.FUNCTION : An Employee Assistance Program has been implemented as part of the
City's commitment to eliminating illegal drug and alcohol abuse. The City's EAP plays
an important role in preventing and resolving employee drug and alcohol use by:
1. Demonstrating the City's commitment to eliminating illegal drug and alcohol use;2.Providing employees an opportunity, with appropriate assistance, to discontinue
their drug or alcohol use;3.Providing educational materials to supervisors and employees on drug and
alcohol use issues; assisting supervisors in confronting employees who have
performance and/or conduct problems and making referrals to appropriate
treatment and rehabilitative facilities; and4.Follow-up with individuals during the rehabilitation period to track their progress
and encourage successful completion of the program. The EAP, however, shall not be involved in the collection of urine samples or the initial
reporting of test results. Specifically, the EAP shall: 1. Provide counseling and assistance to employees who self refer for treatment or
whose drug tests have been verified positive and monitor the employee's
progress through treatment and rehabilitation;
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2.Provide needed education and training to all levels of the training to all
supervisors on the types and effects of drugs, symptoms of drug use and its
impact on performance and conduct, relationship of the EAP to drug testing and
related treatment, rehabilitation and confidentiality issues;3. Ensure that confidentiality of test results and related medical treatment and
rehabilitation records are maintained in accordance with Section . Employees are encouraged to volunteer for rehabilitation assistance through the EAP.
Employees who refuse to enter a substance abuse rehabilitation program after being
referred to one through the EAP are subject to immediate discharge.B.REFERRAL AND AVAILABILITY : Any employee found to be using drugs or alcohol in
violation of this policy shall be referred to the EAP. The EAP shall be administered
separately from the testing program and shall be available to all employees without
regard to a finding of improper drug or alcohol use. The EAP shall provide counseling or
rehabilitation for all referrals, as well as education and training regarding illegal drug or
alcohol use.
In the event the employee is not satisfied with the program of treatment or
rehabilitation, such employee may seek review of the EAP Administrator's referral by
notifying the EAP Administrator prior to completion of the program. The decision of the
EAP Administrator shall be final and shall not be subject to further administrative review.
Regardless of the treatment program chosen, the employee remains responsible for
successful completion of the treatment and assertions that the counselor failed to
consider one or more of the factors in Section in making a referral shall not
constitute either an excuse for continuing to use illegal drugs or alcohol, or a defense to
a disciplinary action if the employee does not complete treatment. C.VOLUNTARY SUBMISSION TO REHABILITATION PROGRAM: 1.Any employee who voluntarily admits to prohibited drug or alcohol use and who
voluntarily submits to a drug rehabilitation program at the employee's expense
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prior to a positive drug test result by the City shall be eligible for re-employment
with the City if said employee is successfully rehabilitated within six (6) months
and obtains a certification that he has been successfully rehabilitated. 2. Re-employment by the City at the same job or at the same pay is not
guaranteed.3. In addition to random testing, the employee who voluntarily undergoes
rehabilitation shall be subject to frequent unannounced testing for a period of
sixty (60) months after the employee is re-employed by the City. An employee
will be permanently terminated upon a positive test result. XI. SUPERVISORY AND EMPLOYEE TRAINING As supervisors have a key role in establishing and monitoring a drug and alcohol
free work place, the City shall provide training to assist supervisors and managers in
recognizing and addressing illegal drug and alcohol use by City employees. The
purpose of supervisory training is to understand:1. City policies relevant to work performance problems, drug use, alcohol use and
the City's EAP;2. The responsibilities of offering EAP services;3. How employee performance and behavioral changes should be recognized and
documented;4. The roles of the Medical Review Officer, medical staff, supervisors, personnel
and EAP personnel;5. The ways to use the City's EAP;6. How the EAP is linked to the performance appraisal and disciplinary process;
and7.The process of reintergrading employees into the work force.The EAP Administrator shall also offer drug and alcohol education to all City employees.
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Drug and alcohol education should include education and training to all levels of the
City's employees on: 1.Types and effects of drugs;2. Symptoms of drug use and the effects on performance and conduct;3. The relationship of the EAP to drug testing; and4.Other relevant treatment, rehabilitation and confidentiality issues.Such drug education activities may include distribution of written materials, video
tapes, lunch time employee forms and Employee Drug and Alcohol Awareness days. XII.OPPORTUNITY TO JUSTIFY A POSITIVE TEST RESULT When a confirmed positive result has been returned by the laboratory, the
Medical Review Officer shall perform such additional investigation as he deems
appropriate. For example, the Medical Review Officer may choose to conduct employee
medical interviews, review employee medical history, or review any other relevant
biomedical factors. The Medical Review Officer must review all medical records made
available by the tested employee when a confirmed positive test could have resulted
from legally prescribed medication. Evidence to justify a positive result may include, but
is not limited to:1. A valid prescription; or2.A verification from the individual's physician verifying a valid prescription.Individuals are not entitled, however, to present evidence of the Medical Review
Officer in a trial type administrative proceeding, although the Medical Review Officer has
the discretion to accept evidence in any manner the Medical Review Officer deems most
efficient or necessary. If the Medical Review Officer determines that there is no
justification for the positive result, such result will then be considered a verified positive
test result. The Medical Review Officer shall immediately contact the EAP Administrator
and the Mayor, upon obtaining a verified test result.
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XIII.SAVINGS CLAUSE To the extent that any of the procedures specified in this Substance Abuse Policy
are inconsistent with any of those that with any federal or state law, or any subsequent
amendment thereto, federal or state law shall supersede the procedures specified
herein, but only to the extent of the inconsistency. XIV. RECORDS AND REPORTSA. CONFIDENTIALITY OF TESTS RESULTS: The laboratory may disclose laboratory
tests results only to the Medical Review Officer or the staff of the Medical Review
Officer. Any positive result which the Medical Review Officer justifies by acceptable and
appropriate and medical or scientific documentation to account for the result as other
than the intentional ingestion of an illegal drug will be treated as a negative test result
and may not be released for purposes of identifying illegal drug use. The Medical
Review Officer may maintain only those records necessary for compliance with this
Substance Abuse Policy. Any records of the Medical Review Officer, including drug
tests results, may be released to any official for purposes of auditing the activities of the
Medical Review Officer, except that disclosure of the results of any audit may not include
identifying information on any employee.
The results of a drug or alcohol test of a City employee may not be disclosed
without prior written consent of such employee, unless the disclosure would be:1. To the Medical Review Officer; 2.To the EAP Administrator in which the employee is receiving counseling or
treatment or is otherwise participating;3.To any supervisory or management official within the City having authority to take
adverse personnel action against such employee; or4.Pursuant to the order of a Court of competent jurisdiction or where required to
23
defend against any challenge against adverse personnel action. For the purposes of this section, "Management Official" includes any
management, government, security or personnel official whose duty necessitates review
of the test results in order to process adverse personnel action against the employee. In
addition, test results with all identifying information removed shall also be available to
City personnel, including the Drug Program Coordinator, for date of collection and other
such activities. B. EMPLOYEE ACCESS TO RECORDS: Any employee who is subject to a drug test
shall, upon a written request, have access to any records relating to:
1.Such employee's drug or alcohol test; and2. The results of any relevant certification, review or revocation of certification
proceeding. Except as authorized by law, an applicant who is the subject of a
drug test, however, shall not be entitled to this information. C. STATISTICAL INFORMATION: The Drug Program Coordinator shall collect and
compile anonymous statistical dating for reporting the number of:
1.Reasonable suspicion tests, accident or unsafe practice tests, follow-up tests or
applicant tests administered;2. Verified positive test results;3. Voluntary drug counseling referrals;4.Involuntary drug counseling referrals;5.Terminations or denial of employment offers resulting from refusal to submit to
testing;6.Termination or denial of employment offers resulting from alterations of
specimen;7. Termination or denial of employment offers resulting from failure to complete a
drug abuse counseling program; and 8. Employees who successfully complete EAP.
24
9.CITY OF , MISSISSIPPI PRE-EMPLOYMENT URINALYSIS CONSENT FORM
I understand that as required by the City of 's Substance Abuse Policy, all applicants must
submit to a testing for illegal drug and alcohol use.A urine sample will be collected and tested for illegal drugs and alcohol.I also understand that if I test positive for use of illegal drugs or alcohol, I am not eligible for
employment by the City and any offer of employment will be withdrawn.The results of the drug test will be maintained by the Medical Review Officer for the City who will
report whether the test results were negative or positive. The results will not be released
without my written permission.I agree to submit to a drug screen urinalysis.____________________________________ ___________________________________(Applicant's name) Date____________________________________Applicant's Signature
25 CITY OF , MISSISSIPPI DRUG AND ALCOHOL TEST CONSENT FORM I agree to be tested for illegal drugs and alcohol use. I understand that a positive test result for
prohibited drugs or alcohol may result in termination of employment with City of , and I
agree to abide by the decision of the company in this regard.I understand that any failure to cooperate with or refusal to comply with the City's Substance
Abuse Policy will result in termination of employment.I hereby release and agree to hold harmless the City, its officials, employees, and agents from
any and all liability whatsoever in connection with any drug or alcohol testing.I certify that I have read, or have had read to me, and understand all the above provisions..____________________________________ ___________________________________(Employee's name) Date____________________________________Employee's Signature
26 CITY OF , MISSISSIPPI SUBSTANCE ABUSE POLICY AND EMPLOYEE ASSISTANCE PROGRAM ACKNOWLEDGEMENT AND CONSENT AGREEMENT I agree to abide by the City of 's Substance Abuse Policy (hereinafter the "Policy"). I
understand that when I sign this form, as a condition of employment, I can be subjected to
testing procedures including, but not limited to, blood testing, urine testing, or breath analyzing
for drugs and alcohol.I agree to submit to these tests and further agree that the testing agency/laboratory is
authorized by me to provide the results of the test to the City's Medical Review Officer. Any
refusal on my part to acknowledge or consent to any part or parts of the policy will be sufficient
grounds for immediate discharge.The use, possession, or presence of illegal drugs or alcohol in the system of a City of
employee while on the job or on company property is prohibited and is a dischargeable offense.
Employees who manufacture, distribute, transfer, possess, or use illegal drugs or alcohol while
on the job or on City property are subject to immediate discharge. I understand that employees
terminated for the above causes are not eligible for participation in the Employee Assistance
Program.I agree that I will remain free of illegal drugs, controlled substances, and alcohol as a condition
of my continued employment by the City of .I have read, or have had read to me, understand, and have been given a copy of the City of
Substance Abuse Policy. I agree to abide by its terms and conditions. Print Name____________________________________ _____________________________Employee Signature Date Print Name____________________________________ _____________________________WitnessDate
27 Based on the following observations, it was determined that there is reasonable cause to
believe ___________________________________ is under the influence of a prohibited drug:1. Walking Stumbling Staggering Falling Unable to Walk Swaying Unsteady Holding On 2.Standing Swaying Rigid Unable to Stand Staggering Sagging at Knees Feet Wide Apart 3.Speech Shouting Silent Whispering Slow Rambling Mute Slurred Slobbering Incoherent 4. Demeanor Polite Calm Cooperative Sleepy Crying Silent Talkative Excited Sarcastic 5. Actions Fighting Threatening Calm Drowsy Profanity Hyperactive Hostile Erratic Resisting
Communications 6.Eyes Bloodshot Watery Dilated Glassy Droopy Closed 7. Face Flushed Pale Sweaty8. Appearance/Clothing Unruly Messy Dirty
Body Excrement Stains
Neat Having Odor 9. Movements Fumbling Jerky Slow
Normal Nervous
Hyperactive 10. Eating/ Gum Candy Mints Chewing Other-identify if possible: 11. Other observations: Observed by: Date Title Location:
28 Approved by:________________________ ______________________________ MAYORALDERMAN _______________________________ENFORCING OFFICER
