1. The provisions of this policy shall apply to all employees of City and applicants for positions with the City.
2. The City of Clinton shall apply this policy in a manner consistent with State and Federal laws and the City of Clinton’s substance abuse policy, incorporated herein as set forth in full. The purpose is to:
a. Approach drug and alcohol dependencies as medical and behavioral problems that must be treated.
b. Set consistent guidelines for handling substance abuse cases.
c. In appropriate cases, the City of Clinton has the power and authority to take disciplinary action in accordance with the provisions of this policy.
SUBSTANCE ABUSE POLICY
Approved by City Attorney on 4-12-00
OK law changed on July 1, 2001 so that anyone over the age of 21 years with a blood alcohol concentration of .08g/210L will be guilty of driving under the influence.
I. GOAL : Provide a drug and alcohol free working environment to enhance the ability of city employees to provide safe, productive and efficient services to the community.
A. The provisions of this policy shall apply to all employees of the City and applicants for positions with the City.
B. The City of Clinton shall apply this policy in a manner consistent with State and Federal laws.
A. Approach drug and alcohol dependencies as medical and behavioral problems that must be treated.
B. Set consistent guidelines for handling substance abuse cases.
C. In appropriate cases, the City of Clinton has the power and authority to take disciplinary action in accordance with the provisions of this policy.
A. Controlled Substance: (Controlled Substance and drug as used herein shall in all instances include prescription drugs, unless specifically excluded)
B. Drug: Means any substance (other than alcohol) capable of altering the mood, perception, pain level, or judgement of the individual consuming it.
C. Alcohol: Means any liquid or substance that has an alcoholic content in excess of 3.2 by volume.
D. Prescribed Drug: Means any substance prescribed for the individual consuming it by a licensed medical practitioner.
E. Illegal Drug: Means any drug or controlled substance including, but not limited to, substances controlled or prohibited by Federal or State law, the sale or possession of which is illegal.
F. Positive Drug Screen: Means positive identification of a drug or metabolic which has been confirmed with sophisticated scientific laboratory tests.
G. Controlled Substance: Means a drug.
H. Drug Paraphernalia: Means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation controlled substance.
I. Testing: An initial screening test followed by a confirmatory test in the event the results of an initial screening test are positive.
J. Alcohol Test: Shall refer to testing of a sample of breath or blood to determine the percentage by weight of alcohol in the blood of the tested subject.
K. Intoxicates: Shall include any beverage or substance containing alcohol for human consumption.
L. Public Safety Position: Shall include all positions falling within the following categories - law enforcement, communications, fire fighting personnel.
M. Equipment Handling Position: Shall include all positions in which the employee is regularly required as a part of his duties to operate motorized heavy equipment including but not limited to dump trucks, tractors, bulldozers, earth scrapers, road graders, backhoes, street sweepers, or any other type of heavy duty self-propelled equipment excluding automobiles and pickups.
N. Reasonable Suspicion: Shall refer to a suspicion based upon objective facts and circumstances for which an ordinarily careful and prudent supervisor would conclude that an individual is in possession of or under the influence of drugs or alcohol while on City property or on duty. Circumstances which might constitute a basis for determining reasonable suspicion include , but are not limited to:
1. Pattern of abnormal or erratic behavior.
2. Information provided by a reliable or credible source.
3. Direct observation of drug or alcohol possession.
4. Presence of physical symptoms of drug or alcohol use.
5. An admission of possession or use of drugs or alcohol by the employee.
O. Employees: Means a person appointed to a position in City Services for which he is compensated on a full time or part time basis. Refers to both male and female employees, the use of the pronouns ‘he’ or 'his' in this policy shall in all instances be read to refer to both male and female employees.
IV. RESPONSIBILITY OF EMPLOYEES
A. Each employee or applicant for employment is responsible for reading, understanding and abiding by the provisions of this policy.
B. Each employee or applicant for employment is responsible to direct questions about this policy to his immediate supervisor or the Personnel Director.
C. An employee with a substance abuse problem is personally responsible for seeking evaluation and undertaking rehabilitation.
D. The City will encourage any employee with a substance abuse problem to seek assistance through an approved medical facility.
E. The program for substance abuse will be managed and administered to provide confidentiality. (Separate files)
F. Any employee who knows he has an alcohol or drug dependency problem and voluntarily admits this dependency to his Supervisor or the Personnel Director of voluntarily seeks treatment, shall not be subject to discipline for having admitted such problem nor for seeking treatment.
G. A person with a substance abuse problem and conceal such from his Supervisor and/or does not seek help, places his employment with the City in jeopardy.
H. In the event a concealed substance abuse problem adversely affects job performance, causes or contributes to misconduct on or off duty or causes an employee to become involved in criminal activities or proceedings, the employee will be subject to formal discipline as prescribed in this policy.
I. Employees who are ordered by supervisory personnel to seek treatment for substance abuse problems may be subject to formal discipline for action in violation of this policy.
V. RESPONSIBILITY OF THE CITY OF CLINTON
A. Grounds for disciplinary action or denial of employment:
1. Reporting for work, performing work or applying for work while under the influence of illegal drugs, prescription drugs or intoxicants.
2. Causes or creating an unreasonable risk of damage to property or injury to any person.
3. Using, selling, possessing, manufacturing or delivering controlled substance or drug paraphernalia at any time or place except as authorized by law, whether on or off duty.
4. Consuming intoxicants while on duty, or possessing intoxicants on City property with the intent to consume them while on duty.
5. Providing or selling intoxicants to any person while on duty.
6. Testing positive for the presence of drugs or alcohol following completion of testing procedures.
7. Failing or refusing to submit a test sample within two hours after the time a request for a test sample was made, causing or attempting to cause the adulteration of a test sample, submitting or attempting to submit a false test sample or otherwise obstructing the process of testing the presence of drugs or alcohol.
B. Termination Specifically Authorized:
1. Employee has sold or attempted to sell controlled substances, whether on or off duty.
2. Employee has possessed or manufactured a controlled substance under circumstances that create a reasonable inference that the employee intended to sell the controlled substance, whether on or off duty.
3. Employee has used or be found to be in unauthorized possession of illegal drugs while on duty.
4. Employee has been found to be on duty while under the influence of illegal drugs, prescription drugs, or intoxicants and has caused, or created an unreasonable risk of, damage to property or injury to any person.
5. Employee has failed or refused to submit a test sample within two hours after the time a request for a test sample was made.
6. Employee has caused or attempted to cause an alteration to a test sample.
7. Employee has submitted or attempted to submit a false test sample following a request for submission of a test sample.
8. Employee has previously been ordered by the Supervisor or Personnel Director to seek treatment for substance abuse problem through a treatment facility.
Disciplinary action shall be independent of all other proceedings. Disciplinary action may be undertaken pursuant to this policy and shall constitute an independent administrative action against the employee and shall not be dependent upon or controlled in any manner by any other civil, administrative or criminal proceedings which are or may be instituted against the employee.
VII. TESTING FOR A PRESENCE OF SUBSTANCE ABUSE
A. A copy of this policy shall be provided to each applicant for employment, who shall sign and date the attached receipt of Substance Abuse Policy and Consent to Drug and Alcohol Testing form. (This form shall be competent evidence in any subsequent proceedings that the applicant has received notice of the provisions of this policy and has consented to testing under the provisions stated herein. A refusal by any applicant to execute this form shall constitute grounds for denial of employment.)
B. All applicants for Public Safety and equipment handling positions shall be subject to mandatory testing for the presence of drugs and alcohol in accordance with the test procedures herein set out.
1. City employees who apply for such positions and who have successfully completed testing as a condition of employment with the City shall not be subject to re-testing.
2. Applicants subject to mandatory testing who are conditionally appointed to a Public Safety Officer or any type of equipment, handling position shall be required to undergo testing with fourteen (14) days following conditional appointment to the position.
3. Mandatory testing shall not apply to the promotion or transfer of a Public Safety of equipment handling employee within his own department.
4. Applicants for all other employment positions for the City shall be subject to testing for the presence of drugs or alcohol if a reasonable suspicion exists that the applicant is or has been under the influence of drugs or intoxicants during the pre-employment process.
5. Applicants who test positive for the presence of drugs or alcohol may be denied employment pursuant to the provision of this policy.
VIII. TESTING OF CURRENT EMPLOYEES
A. A copy of this policy shall be provided to every City employee and each employee shall be required to sign and date the attached receipt form, which shall then be made a permanent part of the employee’s personnel file. (This form shall be competent evidence in any subsequent proceedings that the employee has received notice of the provisions of this policy.)
B. All current City employees shall be subject to testing for the presence of drugs, including prescription drugs and alcohol upon reasonable suspicion that the employee is under the influence of drugs or alcohol while on duty.
C. Testing shall be authorized if the request is approved by the City Manager.
D. An employee who has been ordered to seek treatment for a substance abuse problem shall be subject to random testing for the presence of drugs or alcohol during a twelve (12) month period following the date of the notice of referral.
E. Random Testing
IX. SUBSTANCES TO BE TESTED FOR
A. Testing may be administered to detect the presence and concentration of any substance which acts on the central nervous system as a stimulant, a depressant, or has a disassociative effect.
B. Substances and concentration levels tested for will include, but are not limited to:
6. Phencyclidine (PCP)
9. Diet Pills
C. State of Oklahoma and D.O.T. Recommended Cut-off Levels: Tested to the concentration levels for which testing is customarily accurate, as stated in the manufacturers specifications for the particular test method to be used.
X. TESTING PROCEDURE
A. Drug and alcohol testing shall be performed by an independent certified laboratory of the City s choice.
B. All testing shall be performed in accordance with accepted scientific standards.
C. The testing agency shall respect the dignity and privacy of individuals required to give test samples.
D. The testing agency shall be responsible for maintaining appropriate chain of custody procedures for all test samples.
E. The testing agency shall be required to retain unused portions of each test sample that has initially shown a positive result for the presence of drugs or alcohol in order that additional testing may be performed on the sample on behalf of the tested employee.
XI. CONFIDENTIALITY OF TESTING INFORMATION
All information regarding the testing of applicants and employee=s general personnel file, but kept in a separate confidential medical folder securely kept under the control of the Personnel Director.
Laboratory reports and tests results shall not be placed in an employee=s general personnel file, but kept in a separate confidential medical folder securely kept under the control of the Personnel Director.
C. The Personnel Director is authorized to release the contents of the medical confidential file only to the City Manager and the tested employee upon request.
Disclosure without employee consent is authorized if:
Production of the information is compelled by law or by judicial or administrative process.
2. The information has been placed at issue in a formal dispute between the City and the employee.
3. The information is needed by administering an employee benefit plan.
4. The information is needed by medical personnel for the diagnosis or treatment of the employee and he is unable to authorize disclosure.
E. All information regarding voluntary and mandatory referrals shall be confidential.
F. Records shall not be placed in an employee=s general personnel file, but shall be kept in a separate confidentiality file that will be securely kept by the Personnel Director.
XII. CONFIRMATION OF TEST RESULTS
A. A positive test from a screening procedure is categorized as a unconfirmed positive and shall be tested a second time.
B. A test sample which initially yields a positive result will be tested a second time - second confirmatory test.
C. A valid confirmatory test procedure must be based on a different chemical method from the screening procedure - gas chromatography - mass spectrometry (GS-MS).
D. Notification shall identify the substance or substances found and specify the concentration level.
E. An employee or applicant whose second test confirms the original positive test results, may at his own expense, have additional testing conducted on the original test sample at a certified laboratory of his own choosing.
XIII. CONFIRMED POSITIVE RESULT
A. Job applicants will be denied employment based on an initial positive test result.
B. An employee whose initial positive test result has been confirmed by the GC/MS test is subject to disciplinary action up to and including termination in accordance with this policy.
C. Factors to be considered in determining appropriate disciplinary response shall include, yet is not limited to:
1. Employees work history.
2. Current level of performance.
3. Past disciplinary actions imposed.
4. Specific circumstances causing testing to be required.
5. Consideration if employees action caused injury to property or person or created an unreasonable risk to property or person.
6. Previous efforts on the part of employee to deal with his substance abuse problem.
7. The degree to which continued employment of the individual would either enhance or impair the ability to the affected City department to deliver safe and efficient service to the community.
8. Public trust.
XIV. MANDATORY REFERRAL TO ASSISTANCE PROGRAM
A. May serve as alternative to or in conjunction with formal disciplinary proceedings.
B. Employee may be ordered (written notice) to seek assistance for a substance abuse problem by the City Manager.
C. The City Manager is authorized to suspend formal discipline for a period not to exceed one (1) year, pending the successfully completion of assessment, counseling, and rehabilitation by the employee.
D. In the event the employee does not complete assessment, counseling or rehabilitation, the City Manager may, within one (1) year of formal written notice for assessment or referral, imposed formal discipline as is deemed appropriate.
XV. FORMAL DISCIPLINE
C. Reduction in compensation
D. Suspension without pay
XVI. RECORD RETENTION
A. Upon written request by the tested employee, all records relating to a request for the results of drug or alcohol testing may be expunged from an employees file and destroyed if the results of the test do not show a substance concentration level requiring action to be taken.
B. If the employee tested files a written appeal with the Personnel Director, the records shall be preserved until conclusion of all proceedings arise out of the appeal.
XVII. APPEAL RIGHTS
An employee who receives formal discipline for violation of the provisions of this policy is entitled to the appeal rights as set out in the Personnel Manual and City Charter.
XIII. STATEMENT OF INTENT:
In addition to the provisions stated in the test of the Substance Abuse Policy of the City of Clinton, and in accordance with the requirement placed on the City by the provisions of the Drug-Free Workplace Act of 1988, all employees are hereby notified as follows:
A. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited on, about or within any property which is owned, leased, operated, used, maintained, or occupied by the City of Clinton, Oklahoma.
B. Employees who violate this policy will be subject to disciplinary action up to and including termination or mandatory referral for substance abuse assessment counseling or mandatory referral or rehabilitation in accordance with the provision of this policy.
XIX. DRUG FREE AWARENESS PROGRAM
A. Inform employees of dangers of drug abuse in workplace.
B. Inform employees of the City’s policy of maintaining a drug free workplace
C. Provide available sources for drug counseling, rehabilitation and employee assistance for substance abuse problems.
D. Knowledge of penalties which may be imposed on employees who commit drug abuse violations in the workplace.
E. Every employee (those involved in Federal Grant work) shall be provided a copy of the Substance Abuse Policy.
F. Employees as a condition of employment shall:
1. Abide by the terms of the Substance Abuse Policy.
2. Notify immediate supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
3. The City will notify the Federal Agency through which a grant is administered within ten (10) days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Within thirty (30) days of receiving notice with respect to any employee who is so convicted:
a. Impose appropriate personnel action against such an employee, up to and including termination.
b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health agency or other appropriate agency.
H. The City of Clinton, Oklahoma, will make a good faith effort to continue to maintain a drug-free workplace through implementation of the provisions of the Substance Abuse Policy of the City of Clinton, Oklahoma.
XX. ASSISTANCE PROGRAM
A. An Assistance Program will be administered through the Personnel Department.
B. The Personnel Director shall be responsible for the confidentiality of records in compliance with procedures set out in the Substance Abuse Policy.
C. Functions of Assistance Program:
1. Will function primarily as an intake and referral service for those employees who have voluntarily sought assistance or have been directed to such assistance through the program.
2. The Personnel Director will compile and maintain all information and records necessary to the task of referring employees to substance abuse treatment service programs and institutes in the community.
3. The Personnel Director shall monitor progress of person seeking treatment to document and verify administration of health care or other benefit plans, including leave time.
1. Employees receiving treatment for substance abuse are entitled to use all forms of accumulated time available (Sick/vacation leave).
2. Employee may elect to take leave of absence without pay.
3. If any employee exhausts all available leave time, employee may request a leave of absence without pay in accordance with rules and regulations of the Personnel Manual. (Nothing stated in the program shall be constructed to require a leave of absence without pay be granted.) Granting of leave of absence without pay will be considered in accordance with circumstances of the case, manpower needs of the affected City department, medical needs of the employee, and degree of good faith, effort displayed by employee in dealing with the substance problem.
E. Confidentiality of Records
1. All information involving voluntary or mandatory substance abuse treatment shall be kept confidential.
2. Records relating to substance abuse shall not be kept in personnel file, but placed in a separate confidential file that will be securely controlled by the Personnel Director.
3. Authorization to release the contents of the file on a need-to-know basis will be authorized by the City Manager.
4. Contents of the file may be released to employee upon his/her request.
5. Disclose without employee consent when:
a. Compelled by law.
b. Information placed at issue in formal dispute between City and employee.
c. Judicial or administration process.
d. Information for administration of employee benefit plan.
e. Required by medical personnel for diagnosis.
F. Appeals: Employee who received formal discipline including but not limited to dismissal, suspension without pay, demotion, reduction in pay for violation of the Substance Abuse Policy is entitled to appeal right as set out in the Employee Handbook.