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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. --- ----- -- ----- --------- - ----------- -------------- -------------- -------- -------------- ---------------------- 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, ()OOO~8 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 r "',,),1\....,... /") /1 n APP~~V~ C1M~ ROBc~' E. BAMBUR~ Y AT\ ~ ATTEST: .. "~~ CLERK