Resolution - 2008 - 13 - Modifying The City/Library Personnel Pollicy And Drug-Free Workplace Policy - 05/13/2008
RESOLUTION NO. 08-13
FOR THE PURPOSE OF MODIFYING THE EAGLE CITY/LIBRARY PERSONNEL
POLICY AND DRUG-FREE WORKPLACE POLICY
WHEREAS, The Eagle City/Library Personnel Policy was adopted by the City Council
on 9/25/01;
WHEREAS; The Eagle City/Library Drug-Free Workplace Policy was adopted by the
City Council on 2/26/02;
WHEREAS, The City of Eagle now desires to modify the Eagle City/Library Personnel
Policy as to the Drug Free Workplace Policy;
NOW THEREFORE, BE IT RESOLVED, That the City of Eagle does hereby approve
the attached Eagle City/Library Drug-Free Workplace Policy Revisions as a modification
to the Eagle City/Library Personnel Policy.
3th day of May, 2008.
P ILLIP J. BANDY
MAYOR
ATTEST:
10. ,.+0- \( ~~
SHARON K. BERGMANN
CITY CLERK
I"..
"......' ~~ {j I
,,,,, O~............
OJ ~~ O,,"T~ ...
S""', ~ ..
.. ..... ~ , ....
.U 0 ~O'
: : u ,. ... ..: :
.. t--v-.:z: ..
; .. e. ~ ~l -.: I
-:. . .. ~ ,,~^ ~
'::, ../,vcoRfO> ~,
~- ....... O~ ","
~_ S..,., c ......
-## I AT t, "..-
"1""1.1'1,.10'
K:ICOUNCILIResolutionsldraft resolutionslResolution No 08-13 Drug Free Workplace Policy Revisions.doc
Eagle City /Library
Drug-Free Workplace Policy
Adopted 2/26/02 by Resolution No. 02-07
Revised 5/13/08 by Resolution No. 08-13
Statement of Purpose:
To establish a Drug-Free Workplace for the safety and health of Eagle
CitylLibrary employees, customers and the general public; to increase
employees' productivity and work quality; to enhance a competitive marketplace
position; and also to support the objectives of the "Idaho Private Employer
Alcohol and Drug-Free Workplace Act," Idaho Code Section 72-1701, et seq.
Scope:
All employees and contract personnel are subject to the conditions and terms of
this policy.
Policy:
In keeping with Eagle CitylLibrary objective to provide a safe and healthy work
environment, it is this city's policy that:
1. The possession, sale, transfer, attempt to sell or use of prohibited
drugs while on the job, on city time, on city and/or non-city
property, where work is taking place, or in any other circumstances
which might adversely affect Eagle CitylLibrary operation or
safety is strictly prohibited. Any illegal substance that is found in
the possession of an employee or on the premises will be turned
over to appropriate law enforcement agencies and may result in
criminal prosecution.
2. Employees will not be permitted to work with a detectable level of
prohibited drugs in their system. Prohibited drugs include both
illegal and legal substances, including alcohol or prescription drugs
that have not been specifically prescribed and/or used as prescribed
by a licensed physician (or other appropriate healthcare
professional) for specific treatment purposes of the employee at
that time. Appropriate use of prescription drugs that may pose a
significant risk or harm to anyone, as a result of the employee's
inability to perform the essential functions of his or her job, must
be reported by the employee to his or her supervisor.
1
3. The basis for determining "under the influence" and/or "detectable
level" is, for the purposes of this policy, a positive test result for
drugs and/or alcohol. A positive result for alcohol shall be an
alcohol concentration of .02 or more.
4. All employees must report any drug, alcohol or traffic related
citations or other violations occurring on or off the city's premises
while conducting city business. A report of a citation must be
made to Eagle CitylLibrary within the same work period of
receiving the citation.
5. When supervisory personnel determine there is reasonable
suspicion to believe an employee is under the influence of, or in
possession of, any substance prohibited by these standards or is
otherwise in violation of this policy, the city may:
a. Search any ofthe employee's or city's property. Such
search can include the employee's purse, bag, outer
garments (hat, coat, sweater, etc.), locker, desk, office,
vehicle, or any other property located on the city premises.
b. Require that the employee submit to appropriate tests to
determine the existence of prohibited substances within his
or her system.
Violations Of This Policy:
Any of the following situations shall be considered work-related misconduct,
resulting in the denial of unemployment benefits, and grounds for disciplinary
action, up to and including termination:
1. A confirmed positive test for drugs and/or alcohol. For the
purposes of the alcohol test, a positive result shall be .02 alcohol
concentration or more.
2. An employee's refusal to provide a sample or submit to testing.
3. An employee adulterates, substitutes or dilutes a sample.
Substance Testing:
To support the objectives of a Drug-Free Workplace, testing for drugs and/or
alcohol may, unless otherwise prohibited by applicable law be done under the
following circumstances:
2
Baseline:
A baseline drug and/or alcohol test may be done to establish a result for all
current employees.
Post-Accident:
Any employee whose performance either contributed to any accident or injury or
cannot be completely discounted as a contributing factor to an accident will be
tested based upon the following conditions:
1. If the accident caused injuries resulting in medical treatment being
provided by a physician or his or her designee (other than first-aid).
2. Accidents resulting in property damage.
Reasonable Suspicion:
Any employee will be required to submit to a drug and/or alcohol test when at
least one designated/trained supervisor has reasonable suspicion to believe that
an employee is under the influence of drugs and/or alcohol. These beliefs will be
based upon specific physical behavior or performance indicators. A second
witness, who is a trained supervisor, may observe and/or concur to make the
decision to test. The employee will be taken to the collection site and not be
allowed to drive after the test.
Random:
Eagle CitylLibrary may require employees to submit to a drug and/or alcohol
test on a random basis. These random tests will be conducted by selecting
employees by chance. Drug Free Idaho, Inc. will make the random selection of
employees using a technique that satisfies applicable law. Eagle CitylLibrary
will not conduct random testing in locations or with respect of employees where
such testing is prohibited by law. All employees selected by chance will report
to a designated collection site immediately when notified that they were selected
for a random drug and/or alcohol test.
Return- To-DutylFollow-Up:
As designated under "Return-to- Work" section later in this policy.
3
Right Not To Be Tested:
An employee does have the right to refuse to be tested or have personal property
searched. However, refusal to submit to a search or a physical test is grounds for
disciplinary action up to and including termination.
Testing Procedures:
1. DrugFree Idaho, Inc. is the third-party administrator for Eagle
CitylLibrary Drug-Free Workplace program.
2. All drug testing chain of custody forms, record keeping,
educational/training elements, reporting and testing for drugs and alcohol
shall be in accordance with Idaho Code Section 72-1704 and/or other
applicable law.
3. The actual analysis of all samples will be conducted by a Substance Abuse
and Mental Health Services Administration (SAMHSA) approved lab.
4. All sample collection activity and drug/alcohol cut-off levels will be
consistent with requirements established by the Department of Health and
Human Services and the Substance Abuse and Mental Health Services
Administration to assure the validity, confidentiality and security of the
samples and test results.
5. DrugFree Idaho, Inc. will designate a Medical Review Officer (MRO), or
designee, to interpret, evaluate and monitor the drug testing program and
results. The MRO will be a licensed physician with knowledge of drugs,
testing methods and drug abuse disorders.
6. Eagle CitylLibrary and/or physician shall determine the drug testing
technique (e.g., urine sample, breath sample, blood sample, physical
examination, sobriety examination) to be administered for the types of
tests listed above.
7. All individuals who are required to be tested under the conditions of this
policy will report to Eagle CitylLibrary designated collection site at the
requested time with proper identification.
8. If the test or retest is negative, the MRO or designee reviews the chain of
custody form for completeness and accuracy, and then the results are
reported to Eagle CitylLibrary.
9. All specimens identified as positive on the initial test shall be confirmed
using gas chromatography/mass spectrometry (GCIMS) and/or breath
alcohol confirmation techniques to ensure reliability and accuracy.
4
Employee Rights And Obligations:
1. Eagle CitylLibrary shall pay for the costs of initial drug and/or alcohol
tests pursuant to this policy.
2. Any time spent for drug testing shall be considered work time. Job
applicants/prospective employees shall not be paid for any time spent for
drug and/or alcohol testing.
3. Eagle CitylLibrary shall receive a confirmatory test on all positive results
before any type of disciplinary action or termination occurs.
4. If an employee or prospective employee tests positive for drugs or alcohol:
a. Prior to notification of Eagle CitylLibrary, the Medical Review
Officer shall contact the employee so that he or she may discuss
and explain the positive drug test result. It is the employee's
obligation to be available to the physician so the situation can be
discussed.
b. Eagle CitylLibrary will inform the employee, in writing, of the
positive test and the substance for which the employee tested
positive.
c. The employee may request additional testing of the same sample at
a mutually agreed-upon laboratory. The employee shall bear the
cost of any additional testing. The employee must request in
writing such retesting within seven (7) working days from the date
of the positive test notification.
5. If the retest is negative, Eagle CitylLibrary may:
a. Reimburse the employee the cost of the retest.
b. Compensate the employee for any time suspended without pay.
c. Reinstate the employee with back pay if the employee was
terminated solely for the positive test result that is later determined
to be negative.
6. Return to work: Eagle CitylLibrary has the option of disciplinary action
up to and including termination for a positive test for drugs and/or alcohol.
When disciplinary action other than termination has been chosen as an
option, the employee may return to duty when the following conditions
(which may be at the employee's expense) are met:
5
a. The employee shall be subject to an evaluation by a substance
abuse professional (SAP)/Employee Assistance Program (EAP)
who shall determine what assistance and/or education, if any, the
employee needs in resolving problems associated with misuse of
alcohol and/or drug use.
b. The employee shall undergo a return-to-duty test with a verified
negative result. The test shall be performed at the employer's
designated collection site, no more than twenty-four (24) hours
prior to the employee's return to work.
c. Any employee identified as needing assistance in resolving
problems associated with alcohol misuse and/or drug use:
1. May be required to follow a rehabilitation program
prescribed for resolving problems associated with alcohol
misuse and/or drug use, and
11. May be subject to unannounced follow-up alcohol and/or
drug testing. The number and frequency of such testing
shall consist of at least six (6) tests in the first 12 months,
not to exceed 60 months from the date of the employee's
return to duty, and
111. Provide a signed agreement stipulating his or her
commitment to the outlined recommendations and/or
testing.
Eagle CitylLibrary Rights And Obligations:
1. All prospective and current employees will be fully informed of the Eagle
CitylLibrary Drug-Free Workplace Policy and procedures prior to any
testing being administered. All employees, both current and prospective,
will be provided with a copy of this policy and indicate by their signature
that they agree to adhere to this policy. No current or prospective
employee shall be tested until this information is provided to him or her.
2. Upon receipt of a confirmed positive test for drugs and/or alcohol or
refusal to submit to a test, Eagle CitylLibrary may use such test or
conduct as a basis for disciplinary action, up to and including termination,
or Eagle CitylLibrary may refuse to hire a prospective employee.
3. Eagle CitylLibrary may suspend an employee with or without pay at the
time a reasonable suspicion test is conducted and/or upon receipt of a
confirmed positive test for drugs and/or alcohol.
6
4. Eagle CitylLibrary will not permit an employee to operate a motor
vehicle or to perform a safety-sensitive job function upon receipt of a
confirmed positive drug and/or alcohol test.
5. Upon receipt of a confirmed positive test for drugs and/or alcohol, Eagle
CitylLibrary may require that the current employee utilize the return-to-
work procedure as outlined above as a condition of continued employment
or reinstatement.
6. Eagle CitylLibrary intends to maintain all test results in a confidential
manner and to make the results available to other parties only upon
specific written consent of the individual tested.
7. This policy shall not in any way create a physician-patient relationship
with Eagle CitylLibrary and prospective or current employees.
8. If an employee tests positive for drugs or alcohol, such employee shall not
be considered disabled by virtue of the test results alone.
Eagle CitylLibrary recognizes drug and alcohol dependency as a serious problem. It is
also a health, safety and security threat to the business. Employees who need help in
overcoming such dependency should contact their supervisor and available alcohol and
drug abuse resources within the community, or the city's Employee Assistance Program.
Eagle CitylLibrary will maintain a list of resources available to assist an employee who
may wish to seek assistance. A voluntary, conscious effort to seek such help may not
jeopardize employment.
7