As part of our commitment to safe guard the health of our employees, to provide a safe place for our employees to work, to promote a drug-free community, City of Hillsboro (here after referred to as “City”) establishes this policy on the use or abuse of alcohol and illegal drugs by our employees. Substance abuse, while at work or otherwise, seriously endangers the safety of employees, as well as the general public, and creates a variety of workplace problems, including increased injuries on the job, increased absenteeism, increased health care and benefit costs, increased theft, decreased morale, decreased productivity, and a decline in the quality of products and services provided by the City. The City has established this policy to detect users and remove abusers of alcohol and illegal drugs from the workplace. It is also the policy of the City to prevent the use and/or presence of these substances in the workplace and to assist employees in overcoming any dependence on drugs and/or alcohol in accordance with the following guidelines.
The purpose of this policy is to communicate the City’s position on alcohol and drugs in the workplace and to provide guidance for implementing related programs within the City.
City policies and procedures regarding substance abuse or the employee assistance program, are not intended to create or alter any existing, implied, or express contracts, written or verbal, between the City and its employees, independent contractors, or job applicants. The City reserves the right to alter any of its policies, procedures, or programs, at will and without notice to its employees, independent contractors, or job applicants. The City creates no promises with any of its policies, procedures, and programs, and remains free to change wages and all other working conditions without having to consult employees or anyone else and without anyone’s agreement. The City reserves the right with or without good cause to refuse to hire any job applicant as is consistent with existing law.
All City employees, including management, production administrative, drivers and temporary employees are covered by this policy. As a condition of employment, employees are required to abide by the terms of this policy. This substance abuse policy primarily governs actions in the areas of alcohol and drugs. Other City policies may apply in these areas to the extent that they do not conflict with this policy. Certain employees may be subject to additional requirements under state and/or federal regulations.
SUBSTANCE ABUSE POLICY DISSEMINATION
A. All employees are to be informed of the City’s substance abuse policy. Employees shall be given a copy of the City’s substance abuse policy and shall be required to sign an Acknowledgment of Receipt and Understanding.
B. All applicants shall be informed in writing of the City’s policy of pre-employment testing and shall be required to sign an Applicant Drug/ Alcohol Testing Consent Agreement following a conditional offer to hire and prior to referral for a physical or drug and/or alcohol test.
A. Illegal Drugs
“Illegal drugs” are drugs or controlled substances (as defined pursuant to 21 U.S.0 802, including all substances listed on Schedule I through V 21 C.F.R. Pt. 1308. as they may be revised from time to time) which are (1) not legally obtainable or (2) legally obtainable but not obtained or used in a lawful manner. Examples include, but are not limited to, cocaine and marijuana, as well as prescription drugs which are not lawfully obtained or properly used. The term “illegal drugs” also includes mind-altering and/or addictive substances, which are not sold as drugs or medicines but are used for the mind or behavior-altering effect.
B. Legal Drugs
“Legal drugs” are those prescribed or over-the-counter drugs that are legally obtained by the employee and used for the purpose for which they were prescribed and sold.
C. Safety Sensitive Position
A “safety sensitive position” on safety sensitive function is any position that requires the performance of physical or supervisory tasks directly affecting operations which, if performed improperly, could result in injury or death to employees or others or could result in significant property damage. A position may also be classified as sensitive if it requires responsibilities with a high degree of trust and confidence.
D. City Property
The term “city property” includes work sites, parking lots, vehicles, offices owned, rented, used, or serviced by the City or by any customer of the City, employee owned or employee-rented vehicles on the property of the City or of any customer of the City while on City business and locations where the employee represents the City in any capacity.
E. On Duty
The term “on duty” for purposes of this Substance Abuse Policy only. includes all working hours, as well as meal periods and break periods, regardless of whether on premises, and all hours when the employee represents the City in any capacity
F. Non-Department of Transportation (here after referred to as “DOT”) Employees
All employees of the City, permanent, and part-time, including management, production, and administrative, excluding those defined as “DOT Employees”.
G. DOT Employees
Employees of the City who have a commercial drivers license and/or drive commercial motor vehicles with a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds, as defined by 49 C.F.R. 382.107.
A. The use, sale, purchase, possession, manufacture, distribution, or dispensing of illegal drugs on City property or during working time is against City policy and is cause for discipline, up to and including immediate termination.
B. It is also against City policy for any employee to report to work or be on duty with the presence of illegal drugs in the employee’s body. Employees who violate this policy are subject to disciplinary action, up to and including termination.
C. Legal drugs may also affect the safety of the employee, fellow employees or the members of the public. Therefore, any employee who is taking any legal drug that might impair safety, performance, or any motor functions must advise his or her supervisor before reporting to work under such medication. A failure to do so will result in disciplinary action. Improper use of “legal drugs” is prohibited and will result in disciplinary action, up to and including termination.
D. Refusal to submit to, efforts to tamper with, or failure to pass a drug test will result in disciplinary action, up to and including termination.
E. The consumption, possession or being under the influence of alcohol while on duty is prohibited and will result in disciplinary action, up to and including termination. There may be occasions, however, removed from the usual work setting, at which it is permissible to consume alcohol in moderation (e.g., City picnics, receptions, civic activities, City sporting events).
F. Notwithstanding the exception mentioned above, it is against City policy to report to work or to work under the influence of alcohol. In the case of natural or manmade disaster, you will be required to report to work in a safe manner. Your department head or supervisor will evaluate your fitness for duty. It shall be your duty to inform him or her of your previous consumption
G. Alcohol test results of .02 or higher will he considered positive under the DOT Guidelines.
H. Refusal to submit to, efforts to tamper with, or failure to pass an alcohol test will result in a disciplinary action, up to and including termination.
A. Pre-Employment Test
1. All applicants considered final candidates and who have received a conditional offer for a position will be tested for the presence of illegal drugs and alcohol as a part of the application process.
2. Applicants will be advised of the City’s pre-employment testing requirements in writing following an offer of hire and prior to referral for a drug and alcohol test. Applicants will be asked to sign the Applicant Drug/Alcohol Testing Consent Agreement.
3. Any applicant who refused to submit to, tampers with, or fails to pass the pre-employment drug and alcohol test shall be ineligible for hire for a period of one year.
B. Reasonable Suspicion Testing
1. DOT employees and Non-DOT employees will be asked to submit to a drug and/or alcohol test based on a reasonable suspicion that their ability to perform work safely or effectively may be impaired. Factors that individually or in combination could result in reasonable suspicion include, but are not limited to, the following:
a. direct observation of an individual engaged in drug and/or alcohol-related activity;
b. a pattern of abnormal conduct;
c. unusual, irrational, or erratic behavior;
d. sudden changes in work performance;
e. repeated failure to follow instructions or operating procedures;
f. violation of City safety policies or failure to follow safe work practices;
g. unexplained or excessive negligence or carelessness;
h. discovery or presence of drugs in an employee’s possession or near an employee’s workplace;
i. odor or residual odor peculiar to some drugs;
j. arrest or conviction for a drug-related crime;
k. information provided either by reliable and credible sources or independently corroborated; or
l. evidence that an employee has tampered with a prior drug and/or alcohol test.
2. If feasible, the conduct of an employee which raises reasonable suspicion shall be witnessed by two (2) supervisors or city officials. If not feasible, only one ( l) supervisor or city official need witness the employee’s conduct.
3. If a supervisor(.s) believes reasonable suspicion exists, the supervisor(s) should report his or her findings and observations to the manager of personnel or city administrator immediately.
C. Post-Accident Testing
1. DOT employees, as required by 49CFR 382.303, and Non-DOT employees, who are involved in an accident will be tested for the presence of drugs and/or alcohol as soon as possible following a vehicle accident or other occurrence that involves either of the following:
a. Bodily injury requiring medical treatment
b. Property damage requiring significant repair work in excess of$ 1,000
c. The city administrator, in certain circumstances, may require or waive drug/alcohol testing.
2. An employee who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the City to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit an employee from leaving the scene of an accident to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
D. Random Testing
1. As required pursuant to 49 C.F.R. 382.305, all DOT employees will be required to submit to drug and/or alcohol testing on a random basis.
a. Selection of DOT employees for random testing shall be conducted through the use of a random number generator or other neutral selection process.
b. Random testing of DOT employees will occur white the driver is performing safety sensitive functions, or just before or just after the driver performs such functions.
2. All Non-DOT employees shall be subject to random drug testing. Selection of Non-DOT employees for random drug testing shall be conducted through the use of a random number generated by an outside agency other than City staff.
3. Supervisors that suspect an employee may be under the influence of drugs or alcohol may request that employee be tested.
4. The city administrator, in certain circumstances, may require or waive drug/alcohol testing.
E. Follow-Up Testing
Any employees who have participated in a substance abuse counseling or rehabilitation program, either voluntarily or as a result of violation of this Drug. Alcohol, and Substance Abuse Policy, will be subject to unannounced follow-up tests for a twelve month period after returning to work or completion of any rehabilitation program, whichever is later.
F. Additional Testing
Additional testing may also be conducted as required by applicable state or federal laws, rules, or regulations or as deemed necessary by the City.
G. Testing Procedure
1. The City will determine the drug and/or alcohol testing to be performed.
2. If the employee refuses to consent to testing. fails to appear for testing, tampers with the test. or fails to cooperate with the testing procedures, the action will be considered a positive result, and he or she may be disciplined up to and including termination.
3. Test samples will be analyzed by a qualified laboratory or technician selected by the City that complies with DOT regulations.
a. All urine samples will be tested according to the following sequence: (1) All urine samples will be subjected to an initial screening process to detect the presence of controlled substances; (2) Those samples having a negative screen (no illegal or illicitly used substances present) will be considered to have tested negative, and no further testing will be done on that sample; and (3) Those samples that test positive on the first screen will be tested more extensively by means of Gas Chromatography/Mass Spectrometry (GC/MS) to eliminate any false positive tests and confirm the presence of illegal drugs.
b. All breath samples will be tested according to the following sequence: (I) All breath samples will be subjected to all initial screening tests to detect the presence of alcohol; (2) For those tests with a result of 0.02 or greater, a second test will be conducted that also provides quantitative data of alcohol concentration to ensure an accurate result; and (3) Any DOT employee tested under these provisions with an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform or continue to perform safety-sensitive functions, including driving a commercial motor vehicle. Likewise, the employee will not perform or continue to perform safety-sensitive functions until the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following administration of the test.
c. On an annual basis, the personnel director shall provide the qualified laboratory with a list of employees. From the list provided, the laboratory shall randomly select two employees per month to be tested. The laboratory shall notify the personnel director prior to 9:00 a.m. of the randomly chosen employees. The personnel director or their designee shall contact the designated employees. The employee has up to two hours, after notification, to arrive at the designated testing laboratory and be tested. For those employees performing shift work, additional time may be necessary. No more than twenty-four hours shall pass after notification for shift workers.
4. Employees who consent to testing will be informed of the results by the personnel director or city administrator. This information will be handled with the degree of care and confidentiality necessary to safeguard the employee’s interests and to ensure the results are attributed to the correct person. As set forth within, a positive test will result in disciplinary action, up to and including termination and/or referral of the employee to the Employee Assistance Program (here after referred to as “EAP”)
5. Any employee who adulterates a specimen or who otherwise attempts to invalidate a test will be subject to discipline, up to and including termination.
A. In the case of a first-time violation of the City’s Substance Abuse Policy, including a positive drug or alcohol test result or other evidence of use, sale, possession, distribution, dispensation, or purchase of drugs or alcohol while on duty, the employee will be disciplined, up to and including termination, and/or the following may apply:
1. The employee will be subject to discipline and referred to the EAP
2. The employee must contact the City’s EAP within 24 hours and participate in professional drug and/or alcohol evaluation, counseling, and/or rehabilitation as prescribed by the EAP. The employee must cooperate with the EAP staff in carrying out its responsibility to coordinate the evaluation, counseling, treatment, and follow-up process.
3. Employees who: (1) do not cooperate with the EAP; or (2) refuse to participate in or do not satisfactorily complete a drug or alcohol abuse assistance or rehabilitation program; or (3) subsequently violate this policy will be terminated.
4. The employee may require inpatient or outpatient treatment and/or an educational program. “The employee will be placed on leave without pay during the absence, or may use accrued existing leave benefits (medical, vacation) if needed.
5. Any employee referred to the EAP for drug and/or alcohol use must sign a Last Chance Acknowledgment prior to returning to work and agree to submit to unannounced drug testing for a period of up to 12 months.
6. After signing the Last Chance Acknowledgment and before returning to work, the employee must submit to a drug and/or alcohol test, and the results of the test must be negative.
7. A first-time violator of this policy may be subject to immediate discipline, up to and including termination, if the conduct of the violator is deemed by management to warrant such action without referral to the EAP.
8. The employee shall be responsible for all costs associated with treatment. The employee may contact the State of Kansas Employee Assistance Program, group health insurance plan, or EAP facility for treatment options.
B. The City may suspend employees without pay under this policy pending the results of a drug and/or alcohol test or investigation.
C. Except for first-time violators of this policy as set forth above, or as required in an employee’s regular employment responsibilities, any employee engaging in the use, sale, purchase, possession, or distribution of drugs or alcohol on duty, or who otherwise violates this policy, is subject to disciplinary action, up to and including termination, without referral to the City’s EAP.
A. The City regards its employees as its most important asset. Accordingly, the City maintains an EAP which provides help to employees who suffer from alcohol or drug abuse and/or other personal or emotional problems. No employee will be subject to discipline for voluntarily seeking EAP assistance. An employee may not, however, avoid discipline for violating the substance abuse policy by seeking this assistance after the employee is referred for testing pursuant to this policy.
B. Any work-related performance, attendance or behavioral problems may result in discipline, up to and including termination, even if an employee is voluntarily participating in the EAP.
C. Employees referred to the EAP as a result of a violation of the City’s substance abuse policy may continue their employment with the approval of the City provided that:
1. They contact the EAP and strictly adhere to all the terms of treatment and counseling prescribed by the EAP;
2. Immediately cease any and all use of alcohol and /or drugs; and
3. Consent in writing to periodic unannounced testing for a period of up to two years after returning to work or completion of any rehabilitation program, whichever is later.
D. In keeping with the City’s need for safety and security, management will determine whether the City should grant a leave of absence or reassign an employee following a positive test or during the period of evaluation, treatment, or counseling.
E. Participation in any evaluation, treatment, or counseling program will be at the employee’s expense unless the employee is entitled to such benefits under the terms of the City’s group health plan or by other available benefits.
A. To ensure that illegal drugs and alcohol do not enter or affect the workplace, the City reserves the right upon reasonable suspicion or belief to search all vehicles, containers, lockers, or other items on City property in furtherance of this policy. Individuals may also be requested to display personal property for visual inspection upon request by the City based on a reasonable belief or suspicion.
B. Failure to consent to a search or to display personal property for visual inspection will be grounds for termination or denial of access to City premises.
C. The City will turn over all confiscated drugs to the proper law enforcement authorities. Further, the City will cooperate with and may enlist the services of the proper law enforcement authorities in the course of any investigation.
ARREST OR CONVICTION FOR ALCOHOL/DRUG RELATED CRIME
A. If an employee is arrested for or convicted of a drug-related crime, the City may investigate the circumstances, and City officials may use the drug-testing procedure.
B. As a condition of employment, an employee shall notify a member of management of any criminal drug statute conviction or for any plea of guilty, nolo contendere, or suspended imposition of sentence that has been entered on a criminal drug statute charge. The employee must give notice in writing to the City within five (5) days of such conviction, plea, or imposition.
Results of an applicant’s or employee’s test for the use of illegal drugs or alcohol shall be transmitted from the certified technician or representative of the lab to the City’s manager of personnel. In order to effectively address the drug or alcohol problems of employees, it may be necessary for the manager of personnel to consult with other City personnel in the process. The test results and identity of the employee shall be treated with the appropriate degree of confidentiality and shall be disseminated only on a need-to-know basis.
A. The City will conduct drug-free awareness programs. These programs will inform employees about the following:
1. The dangers of drug and alcohol abuse in the workplace;
2. The City’s policy of maintaining a drug and alcohol free workplace;
3. Available drug and alcohol counseling, rehabilitation, and employee assistance programs; and
4. The sanctions that may be imposed for alcohol and drug abuse violations.
B. Employees are encouraged to approach their supervisor or the manager of personnel at anytime with any questions they have about the City’s Substance Abuse Policy as stated herein.
APPLICANT DRUG AND ALCOHOL
TESTING
CONSENT AGREEMENT
As a prerequisite to employment, I hereby agree to allow a qualified laboratory designated by the City of Hillsboro to collect urine samples from me to determine the presence of drugs or alcohol in my body. Further, I give my consent to the release of my test results to authorize the City of Hillsboro management for appropriate review.
I understand that the results of the drug/alcohol testing of my urine, for a period of three months, if positive, will remove me from consideration for employment. I also understand that if I refuse to consent, I will be removed from further consideration for employment.
Further, I understand that, if employed by the City of Hillsboro, I must abide by their terms of the City of Hillsboro’s Drug and Alcohol Policy and may be required to submit to testing for the presence of drugs or alcohol for reasons stated in the City of Hillsboro policy. I understand that submission to such testing is a condition of employment with the City of Hillsboro and disciplinary action, up to and including termination, may result for violating the City of Hillsboro’s Drug and Alcohol Policy.
___________________________________________________________________________________
I hereby consent to the administration of the drug and alcohol test, and to the terms and conditions of the Consent Agreement.
_______________________________ _______________________________ _______________
Applicant’s Signature Printed Name Date
Social Security Number _________-_______-_________
_______________________________ _______________
Witness’s Signature Date
___________________________________________________________________________________
I hereby refuse the drug and alcohol detection urine test.
_______________________________ _______________________________ _______________
Applicant’s Signature Printed Name Date
Social Security Number _________-_______-_________
_______________________________ _______________
Witness’s Signature Date
PRE-EMPLOYMENT INFORMATION FORM
Please answer the following questions to help us comply with Federal/State equal employment opportunity record keeping, reporting, and other legal requirements.
This information will not be used in considering you for employment. The Pre-Employment Information Fonn will be kept in a confidential file separate from your Application for Employment.
1. Name ____________________________________________________________________________
First Middle Last
2. Address __________________________________________________________________________
__________________________________________________________________________
3. Birth Date __________________________ 4. Social Security Number ____________________
(optional)
5. Drivers License Number ___________________ Class_______ Phone Number ______________
6. Race/Ethnic Group (optional) _________White _________Black
_________Hispanic _________American Indian __________________Other
7. Sex _________Male _________Female
8. Are you related to anyone that is now employed by the City of Hillsboro?
_________No _________Yes
If yes, please list their name __________________________________
Relationship to you __________________________________________
Note: It is the policy of the City of Hillsboro that all applicants selected for employment must satisfactorily pass a medical examination which includes a drug and alcohol screening test. Those applicants with a confirmed positive test for drugs/alcohol will not he hired.
___________________________________ __________________
Applicant’s Signature Date
Any employee who violates the City of Hillsboro’s Substance Abuse Policy will be subject to disciplinary action, up to and including discharge, at the City of Hillsboro’s sole and exclusive discretion.
An individual who violates this policy may, at the City of Hillsboro’s sole discretion and without precedent, be offered the opportunity to enter into a “Last Chance Agreement.” The primary objective of a Last Chance Agreement is to offer rehabilitation to an employee who has or may develop drug or alcohol problems or other health or behavioral problems. A Last Chance Agreement shall provide that an employee who violates this policy may return to employment at City of Hillsboro under the following conditions:
(a) The employee must sign a written acknowledgment admitting that he/she has a substance abuse problem.
(b) The employee must successfully complete a licensed rehabilitation program approved by the Company. A written statement of successful completion must be provided from the licensed rehabilitation program.
(c) The employee must agree to submit to unannounced random testing for the duration of the treatment plus one year.
(d) An employee returned to work under a Last Chance Agreement will be subject to immediate discharge for any violation of this policy including, but not limited to, a positive test result for the use of any prohibited substance as defined by this policy.
ACKNOWLEDGEMENT BY EMPLOYEE
I _____________________________ have received a copy of the Drug-Free Workplace/Prohibited Substance Abuse Policy. I have read the Policy. I have been given an opportunity to ask questions about any information contained in it. I understand its contents and agree to abide by and be bound by its terms.
I understand that I have violated the substance abuse policy and am being given an opportunity change my behavior.
I agree that there are terms and conditions which I must perform to remain as an employee of the City of Hillsboro. Failure to compete the attached plan may result in termination from the City of Hillsboro.
_______________________________________ ______________________
Employee’s Signature Date
_______________________________________ ______________________
Witness/Personnel Director Date
I _____________________________ have received a copy of the Drug-Free Workplace/Prohibited Substance Abuse Policy. I have read the Policy. I have been given an opportunity to ask questions about any information contained in it. I understand its contents and agree to abide by and be bound by its terms.
_______________________________________ ______________________
Employee’s Signature Date
_______________________________________ ______________________
Witness/Personnel Director Date