1173
000033
ORDINANCE NO. 1173 (#3 - 02)
AN ORDINANCE MODIFYING THE CII r'S PERSONNEL POLICY MANUAL
REGARDING A DRUG-FREE WORK PLACE FOR THE CII" OF
JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES.
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WHEREAS, the City las a vital interest in providing for not only the safety and
well being of all employees and the public, and in maintaining efficiency and
productivity in every as Ject of its operations. To do so, the City Council believes it
is vital to maintain an alcohol-free and drug-free workplace; and,
WHEREAS, all recognize the City and certain employees who drive the City's
commercial motor vehicles are su Jject to the requirements of federa statutes and
regulations issued by the U.S. Department of Transportation. However, other City
employees performing safety and security-sensitive functions are not necessarily
covered by the federal provisions. In addition, the City has an interest in maintaining
efficiency, productivity, and the wel Jeing of all City employees, regardless of their
duties or functions. To insure all employees are held to the same standard, the City
Council wishes to adopt the following Alcohol-free and Drug-Free Workplace Policy
for emp'oyees not coverec' by federa-aw.
NOW, THEREFORE, BE IT ORDAINED BY THE CII "COUNCIL OF THE
CI I " OF JACKSONVILLE, ARKANSAS, THA T:
SECTION ONE: Section 52 of the Jacksonville Personnel Policy Manual is
hereby amended, deleted, and/or modified to include the following additions,
deletions, and modifications:
[NoteoD This policy does not govern or apply to employees who are
subject to testing as commercial motor vehicle operators under foregoing federal law
and regulations. They are governed by a separate policy enacted pursuant to that
legislation.]
A. Policy StatelTlent
A emp oyees must Je free from tle effects of a co 10 anc/or i -ega drugs
during sC1edu ed wor<ing lours as a condition of employment. The unlawful
concealment, dispensation, distribution, manufacture, possession, sale, or use of
alcoholic beverages or controlled substances (i.e., drugs) while on duty, on City
property, in City vehicles, during breaks or lunch, while working or reporting for work
when impaired by or under the influence of alcohol, drugs, and/or when drug
metabolites are present in the employee's system is strictly prohibited and
constitutes grounds for disciplinary action up to and including immediate discharge.
T 1e City reserves t 1e rig 1t to require employees to submit to blood, breath,
and/or urine testing to determine an emp oyee's usage of c rugs and/or a co 10 as
provided below I All emplovees must submit to all required tests. Any
employee who refuses to submit to any required test without' a valid medical
explanation will be subject to immediate discharge. Refusal to execute required
consent forms, refusal to cooperate regarding the collection of samples, or
submission or attemptec' sUJmission of an adu terated or substituted urine sample
shal- De deemed refusa' to su Jmit to a required test.
The City further reserves the right to require return to duty and/or follow-up
testing as a condition of reinstatement or continued employment in conjunction with
00003!:,1
ORDINANCE NO. 1173 (#3 - 02)
February ~ \ , 2002
Page Two
or following completion of arJ approved drug and/or alcohol treatmen~ counseling/
or rehabilitation program.
B. Safetv and Securitv-Sensitive Positions Defined
A safety-sensitive position is one in w1ic', a momentary lapse of attention
may resu-t in grave and immediate danger to the pu Jic and/or other emp'oyees.
The following positions are considered safety sensitive:
(1) Law enforcement officers who carry firearms and jailers;
(2) Motor vehicle operators who carry passengers, including, but not limited
to: ambulance drivers; bus drivers; and, drivers who transport other city
employees;
(3) Fire department employees who directly participate in fire-fighting
activities;
(4) Medical personnel wit 1 direct patient care responsi Ji ities including:
p lysicians; nurses; surgical scrub technicians; emergency medical
technicians and trainees first responders and paramedics; medical; and
nurses assistants;
(5) Mechanics, welders, and sheet metal workers who work on City vehicles
designed to carry employees and/or passengers such as buses,
ambulances, police cruisers, vans, and the like; and,
(6) Other employees whose duties meet the definition of safety or security
sensitive after consu tation wit 1 or approval JY tle City Attorney.
A security sensitive position inc udes, Jut is not limited to, tle fo lowing:
(1) Any police officer; jailer; police disJatcher; and/or police department
employee. This includes clerical workers having access to information
concerning ongoing criminal investigations and criminal cases which
information could, if revealed, compromise, hinder, or prejudice the
investigation or prosecution of the case. The City considers these
members of the law enforcement community as holding security-sensitive
positions by reason of their duties to enforce laws pertaining to the use of
illega' substances. Law enforcement personnel who themselves use such
su Jstances may Je unsympatletic to proper enforcement of the law.
CDruq-Free Awareness Proqral17/Education and Traininq
The City hereby establishes an Alcohol-Free and Drug-Free Awareness
Program to assist employees to understand and avoid the peri's of alcohol and drug
abuse. The City will use this program in an ongoing educational effort to prevent
and eliminate alcohol and drug abuse that may affect the workplace.
The City's Alcohol-Free and Drug-Free Awareness Program will inform
employees about: (1) tle dangers of drug and alcolo in tle wor<p ace; (2) the City's
policy of maintaining a alcohol and drug free workplace; (3) t'le availa )ility of alcohol
and drug treatment, counseling, and rehabilitation programs; and, (4) the possible
penalties which may be imposed upon employees for alcohol and drug abuse
violations.
As part of the Alcohol-Free and Drug-Free Awareness Program, the City shall
provide employees with educational materials to explain the Ci~'s policies and
procedures. Employees shall be provided with information concerning the effects of
aco 10' and drug use on an individual's health, work, and personal life, the signs and
symptoms of an alcohol or drug pro J em, anc' availab e methods of intervening when
000035
ORDINANCE NO. 1173 (#3 - 02)
February EA \ , 2002
Page Three
an alcohol or drug problem is suspected, inc uding confrontation and/or referral to
management personnel.
Supervisors who may be asked to determine whether reasonable suspicion
exists to require an emp oyee to undergo drug and/or a cohol testing shall receive
a minimum of Sixty (60) minutes of training on a cohol misuse and Sixty (60)
minutes of training on drug use. The training shall cover the physical, behavioral,
speech, and performance indicators of ,Jrobable alco 101 misuse and drug use.
D. Prohibited Substances/Leqal Druqs/Unauthorized Items
Prohibited Su ')stances -- A coho ic beverages and drugs are considered to be
prohibited su'Jstances in t'le wor:<p'ace. For purposes of t'lis po icy, tle term "drugs"
includes contro led su')stances (as identified in SClecules I tlrough V of Section 202
of the Controlled Substances Act, 21 U.S.C. 9812 and the regulations promulgated
thereunder, and as defined in the Uniform Controlled Substances Act, ACA 9 5-64-
201-216), This shall include but not be limited to synthetic narcotics; designer drugs;
and, prescription drugs, with the exception of those prescription drugs approved by
and being used in accordance with directions provided by t lat employee's personal
doctor.
Legal Drugs -- Appropriate use of prescription drugs and over-t'le-counter
medications is not prohibited. Any employee using a prescription drug should consult
with his/her physician and pharmacist regarding the effects of the drug and should
read all labels carefully.
Unauthorized Items -- Employees may not have any unauthorized items in
their possession or in any area used by them or under their control. Unautlorized
items inc ude, but are not imitec to, aco'loic ')everage containers and drug
parap :lerna 'ia.
E. Use of Alcohol and Druqs/Prohibited Conduct
All employees covered under this policy are su Jject to the following
prohibitions regarding the use of alcohol and drugs (controlled substances):
(1) Employees shall not reJort for duty or remain on duty while impaired by
the consumption of alcohol. An employee wil be deemec to Je impaired
byalcoho if tlat employee las a ) ood a co 10 concentration of 0.04 or
greater;
(2) Employees shall not consume alcohol while on duty" and employees
required to undergo post-accident testing shall not use alcohol for eight
(8) hours fol owing t le accident or until they undergo a post-accident
alcohol test, whichever occurs last;
(3) Employees shall timely submit to a authorizec drug or a cohol tests;
(4) Empoyees slal not report for duty or remain on duty wli e under tle
influence of any controlled substance, except when t le use thereof is
pursuant to the instructions of a licensed doctor who has advised the
employee that the effect of the substance on the employee does not pose
a significant risk of substantial harm to the employee or others in light of
his/her normal job duties; and,
(5) In addition to being subject to the disciplinary rules as set forth below, an
employee who is found to have an a co 101 concentration of 0.02 or greater
Jut less than 0.04 in any authorized alco 101 test s lal be removed from
duty and may not return to duty until the start of the employee's next
regularly scheduled shift, but not less than twenty-four' (24) hours
fo,lowing administration of t'le testm
000036
ORDINANCE NO. 1173 (#3 - 02)
February ~~ \ , 2002
Page Four
The foregoing rules shall apply to ALL employees and shall apply while on
duty, during periods when they are on breaks or at lunch, or at times other than
when t ley are not performing safety or security sensitive functions.
F. When Druqs and Alcohol Testinq Mav Be Required of All
Emplovees
Employees (and applicants) covered by this policy shall be required to submit
to blood, breath, and/or urine testing for use of prohibited drugs and/or alcohol
testing in the following circumstances:
(1) When t1e City has reasonable suspicion that an employee has violated
any of the above prohi'Jitions regarding use of a 'co :101 or drugs. For
purposes of this rule, reasonable suspicion shall be based on specific,
contem Joraneous, and articulate observations concerning the appearance,
Jehavior, speech, or Jody odors of the em.Jloyee. The required observations
must be made by a fellow employee, a supervisor, or a City official who is or
has been trained in the proper methods of detection for signs and symptoms
of alcohol and drug misuse;
(2) Return to duty testing is required after an employee has engaged in
any of the above prohibitions concerning use of alcohol or drugs;
(3) As Jart of a pre-employment physical examination after a conditional
job offer has been made, a fitness for duty physical examination, or any
other lawful required periodic physical examination. Non-safety and non-
security sensitive positions will not be required to undergo a pre-employment
p'lysical examination after a conditional job offer las been ~xtended to the
emp oyee;
(4) When City management has a reasonable suspicion based on
observations or credible information submitted to the City that the employee
is currently using, impaired by, or under the influence of alcohol and/or
drugs;
(5) When an employee suffers an on-the-job injury or following a serious
or potentia Iy serious accident or incident in whic1 safety precautions were
violated, equipment or property was damaged, an emp'oyee or otler person
was injured, or careless acts were performed 'JY the emp'oyee. Such testing
will be required of non-safety sensitive employees only when such factors,
when taken alone or in combination with other factors, give rise to
reasonable suspicion that the employee may be under the influence of drugs
or alcohol;
(6) As part of a return to duty or follow-up drug and/or alcohol test
required under an agreement allowing an employee to, return to duty
following disciplinary action for a positive drug and/or alcohol test, or as the
result of a condition of continued employment or reinstatement in
conjunction with or following completion of an ap Jroved drug and/or alcohol
treatment, counseling or rehabilitation program. In order to return to duty,
an employee who has a positive drug or alcohol test (i.e., a verified positive
drug test or an alcohol test indicating an alcohol concentration of 0.0,4 or
greater) must lave a verifiec negative drug test and/or an alcoho test
reflecting an a :co '10 concentration ofess than 0.02 and present an
evaluation and release to Human Resources by a Substance Abuse
Professional (SAP). In addition, the employee shall be subject to follow-
000037
ORDINANCE NO. 1173 (#~3 - 02)
February a \ , 2002
Page Five
U ,) testing for a period not to exceed Twenty-four (24) months from the date
of the employee's return to duty, wit:l no fol ow-up testing indicating an
alco 10 concentration of 0.02 or greater and/or ")ased on a qua ified SAP's
recommendation;
(7) When any ,)rohibited drug or alcoholic beverage is found in an
em.) oyee's possession; and/or,
(8) When the laboratory values in any authorized drug test indicate the
need for additional testing, as determined by the Medical Review Officer
(MRO), or where any authorized drug test must be canceled or not
considered due to a collection chain of custody or other procedural problem.
G. When Drua and Alcohol Testinq Mav Be Required of Emplovees
Holdinq Safety and Security-Sensitive Positions
Employees in (and applicants for) safety and security-sensitive positions shall
be required to submit to blood, breath, and/or urine testing for use of prohibited
drugs and/or alco'lol in tle foregoing and fo owing circumstances:
(1) When a safety-sensitive empoyee is invoved in an accident involving
a motor vehice on a publiC road and the employee's position is safety-
sensitive because it involves driving a motor vehicle; or,
(2) During random testing for drugs (but not a cohol) is conducted. In
order to treat all employees as equally as pOSSible and to maintain
consistency in the administration of its efforts to maintain a drug-free
workplace, random testing under this policy will be governed by 49 U.S.C~ ~
31306 and implementing regulations to the extent that it is lawful and
feasible to do so. Further guidance may be found in "The Omnibus
Transportation Employee Testing Act of 1991 -- Steps to Compliance for
Arkansas Municipalities," as published by the Arkansas Municipal League.
H. Disciplinarv Action
Em)loyees may be su Jject to disciplinary action, up to and including
termination, for any of tle fo owing infractions:
(1) Refusal to submit to an autlorized drug or a "cohol test. Refusal to submit
to testing means that the employee fails to ,Jrovide an adequate blood,
breath, and/or urine sample for testing without a valid medical
explanation after :le/she has received notice of the requirement to be
tested or engages in conduct that clearly obstructs the testing process.
Refusal to submit to testing includes, but is not limited to: refusal to
execute any required consent forms; refusal to cooperate regarding tle
collection of samples; and/or, submission or attempted submission of an
adulterated or substituted urine sample;
(2) Drinking alcoholic beverages or using drugs while on duty, on City
property, in City vehicles, during breaks, or at lunch;
(3) Unlawful manufacture, distribution, dispensatio~1 possession,
concealment or sale of any prohibited substance, including an alcoholic
beverage, while on duty, on City property, in City vehicles, during breaks
or at 'unc'l;
(4) Any criminal drug statute conviction and/or failure to notify the City of
such conviction within five (5) days;
(5) Refusal to cooperate in a search;
(6) Having an alcohol concentration of .040/0 or greater in any authorized
alcohol test; and/or,
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ORDINANCE NO. 1173 (#3 - 02)
February ~ \ , 2002
Page Six
(7) Testing positive for drugs and lor t leir metabolites in any authorized
drug test.
Although the foregoing infractions will ordinarily result in discharge
regardless of the em Jloyee's position, the City reserves the right to consider
extenuating circumstances and impose lesser discipline when such action is deemed
appropriate.
I. Returninq to Work/Re-emplovment
In order to be re-employed following completion of a suspension for a
positive drug or alcohol test, the employee must undergo and pass a return to duty
drug and/or alcohol test and be evaluated and released by SAP.
The City will schedule the return to duty drug and/or alcohol test and the
evaluation by SAP to avoid any lost work time Jeyond the period of suspension. The
employee wi/I remain on disciplinary suspension without pay until the City has
received written notice that the employee has passed the return to duty drug test
(a notice from the collection site that the employee had an alcohol concentration of
less than 0.02 in the return to duty alcohol test) and written notice from SAP that
the employee has been released to return to duty. However, the employee may use
accumu 'ated leave time between the end of the original suspension and being
released to return to work if so desired and available.
If t le employee test positive for any drug or has an alcohol concentration of
0.02 or greater in any subsequent test" he/she shall be subject to discharge.
J. Rehabilitation and Additional Testinq.
In cases where an employee receives disciplinary action other than
discharge for a drug and/or alcohol related infraction, the following procedures shall
also apply:
(l)Tle City may require tle employee to participate in an approved
treatment, counseling, or re labilitation program for drug and/or alcohol
abuse at tle time discip ine is imposed, based on the recommendations
of SAP;
(2) If the em_Jloyee is required to enroll in such a program, his/her
reinstatement or continued employment shal be contingent upon
successful completion of the program and remaining drug and alcohol
free for its duration; and/or,
(3) An employee who has been identified as needing assistance in resolving
problems associatec with use of drugs and/or misuse of alco 101 may be
ac ministered unannounced folow-up drug and/or alcoho tests for a
period of up to Twenty-four (24) months.
K. Employment Status Pendina Receipt of Test Result~
In addition to appropriate disciplinary measures implemented in response to
the incident or course of conduct which gave rise to the test, the City reserves the
right to determine if the incident or course of conduct prompting the test is of such
a nature that the employee should not be put back to work until test results are
received. If such a decision is made, t'le emp oyee will be suspended wit:l0ut pay.
Where the test resu t is negative, tle emp oyee wi be reinstated witl Jac( pay,
00003~
ORDINANCE NO. 1173 (#3 - 02)
February ~ \ , 2002
Page Seven
provided the employee has not been given an appropriate disciplinary suspension
for violation of another wor< ru e which also covers the duty time missed waiting for
test results.
L. Voluntarv Druq and Alcohol Rehabilitation
If an employee not otherwise subject to disciplinary action v<;>luntarily admits
tlat le/s le las a drug and/or alcohol abuse Jroblem, the Mayor and/or his
designated representative wi meet wit 1 the employee to discuss the various
treatment, counseling, and rehabilitation options available. For purposes of this
section, an employee's admission to having a drug and/or alcohol abuse problem
wil: not be defined as "vo~untary" if it is made after the employee learns that he or
she has been selected for a random drug test.
T-lese options may inc'ude allowing tle emp oyee to continue working while
receiving out,)atient treatment, counseling, or rehabilitation in an approved drug
and/or alcohol abuse ,)rogram, ,)Iacing the employee on a medical leave of absence
while he/she is receiving treatment, counseling, or rehabilitation in an approved
inpatient or outpatient drug and/or alcohol abuse program, and/or a combination
thereofu
When an employee voluntarily admits that he/she has a drug and/or alcohol
abuse problem, the City s lall have the right to require the employee to be evaluated
by SAP and/or submit to drug and/or a 'coho testing prior to making a decision of
appropriate action. No disciplinary action will be taken by the City against and an
employee who voluntarily admits that he/she has a drug and/or alcohol abuse
problem in the situation describe above. HoweveJ; the City shall have the following
rights in such a situation:
(1) The employee may be required to enro in and successfully complete
an approved inpatient or outpatient drug and/or alcoho abuse program and
remain drug and alcohol free for its duration as a condition of_reinstatement
or continued employment. However, the City will not be responsible for
financial 0) igations associated wit 1 treatment;
(2) If tle emp oyee is required to enrol in such a program, le/s le must
su )mit to any drug and/or a coho tests administered as part of the program
and provide the City with the results of such tests. The employee must also
provide the City with progress reports from his/her therapist or the agency
operating the program on at least a monthly basis. Failure to provide such
reports or the results of such tests will result in discipline up to and including
termination; and,
(3) The employee shall be required to agree to be subject to
unannounced follow-u,) drug and/or alcohol tests, at the City's discretion, for
a perioc of u J to Twenty-four (24) months from the date of the original
positive test resu t.
SECTION I WO: A Ordinances or parts of Ordinances in conflict herewith
are lereby repealed to the extent of suc 1 conflict.
0000/10
ORDINANCE NO. 1173 (#3 - 02)
February ~ \ J 2002
page Eight
SEC(ION THRI;C. Due to the importance of publiC welfare, health, and
safety, an emergency is hereby declared to exist. This Ordinance shan be in fun
force and effect from and after t le date of passage.
APPROVED AND ADOPTED THIS ~\~.L DAY Of fEBRUARY, 2002.
cITY Of JACKSONVILLE, ARKANSAS
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