17-2112 Amending Chapter 3, Sec 3.04 (B.3) Drug-Free Workplace and Alcohol Policy of Personnel ManualORDINANCE NO.17-2112
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING
CHAPTER 3, SECTION 3.04 (B.3) DRUG -FREE WORKPLACE AND ALCOHOL
POLICY OF THE CITY OF LONGWOOD PERSONNEL POLICIES AND
PROCEDURES MANUAL; PROVIDNG FOR CONFLICTS, CODIFICATION,
SEVERABLITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood adopted Personnel Policies and Procedures pursuant
to Ordinance No. 89-955 on December 18-1989; and
WHEREAS, Ordinance No. 89-955 as adopted on December 18, 1989, provided for
amendments to policy; and
WHEREAS, the City of Longwood finds that replacing Chapter 3, Section 3.04 (B.3)
with a revised Drug -Free Workplace and Alcohol Policy will meet the legal framework and
current case law regarding the propriety of drug testing employees and job applicants in the public
sector as limited by the Fourth Amendment of the United States Constitution.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1. Amendment. That Chapter 3, Section 3.04 (B.3) Drug -Free Workplace
and Alcohol Policy of the City of Longwood Personnel Policies and Procedures be amended by
repealing all sections of the current version (attached with mark -through for reference) and
replacing it with the revised version attached hereto as Attachment A.
SECTION 2: Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion or application shall be deemed a separate
distinct, and independent provision of such holding shall not affect the validity of the remaining
portion thereof to the extent practicable.
SECTION 3: Conflicts and Repealer. To the extent this Ordinance or any provisions
thereof, conflict with any previously enacted Ordinance of the city of Longwood, Florida, this
Ordinance shall control only to the extent any such conflicts(s) exists.
SECTION 4: Codification. This Ordinance shall be codified as a part of the City of
Longwood Personnel Policies and Procedures, such provisions may be renumbered or relettered
to accomplish such intention, and the word "Ordinance", or similar words may be changes to
"Section", "Article", or other appropriate word. The City Clerk is a granted liberal authority to
codify the provisions of this Ordinance as contemplated herein.
SECTION 5: Effective Date. This Ordinance shall take effect immediately upon
adoption.
FIRST READING this 6th day of March, A.D. 2017.
SECOND READING AND ADOPTION this 2V' day of March, A.D. 2017.
CITY OF LONGWOOD, FLORIDA
ATTEST:
Mich le o, ity Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
Darnel W. L e , C' Attmey
CHAPTER 3, Section 3.04(B.3)
DRUG -FREE WORKPLACE AND ALCOHOL POLICY
SECTION -1 POLICY
The City's Drug -Free Workplace Policy is aimed at insuring "0" tolerance to illegal drugs
t all times and its Alcohol -Free Policy to "0" tolerance under circumstances that affect
might affect the safety and well being of employees, citizens and others, or the
eff ive operation of City business. In addition, all employees required to have a
coma cial driver's license (CDL) under Chapter 49 CFR Part 383 are subject to
contro\regulator
and alcohol testing rules established by the Federal Highway
AdminA) under the Omnibus Transportation Employee Testing Act of
1991 ry 1994•), in accordance with 4.9 CFR, Parts 40, 383, 392, 4•, and
392.5 alties for infractions are in addition to disciplinary action including
terminment.
ffX
A. Illegal Controft Substances. The City prohibits the use, distribution,
possession, man `�cture, cultivation, sale or attempt to sell or distribute
illegal controlled su tanNeIllegal
es at any time whether on or off duty, whether
on or off City procontrolled substances are defined by
applicable state and laws.
D. Alcohol Abuse. Employees f the City are prohibited from using or
possessing alcohol while on du - while on City premises; while driving a
City vehicle, operating a piece of equipment, or being transported in
City vehicles at any time; reporting t orlc under the influence of alcohol;
or, from otherwise using alcohol in a m ner at any time which adversely
affects the business interests of the City.
SECTION 3 USE OF LEGAL DRUGS
The use of legal drugs, that is drugs prescribed by licensed ph icians for a specific
medical purpose, is often necessary. However, such drugs can a\Thel
o have a
direct impact on the vigilance, judgment and/or coordination ofyee and
adversely affect the employee's job performance and the employee'wor►< in a
safe and efficient manner. This is particularly Prue in safety-sensitiveignments
involving the operation of motor vehicles and other moving equipyore, an
employee for whom a licensed physician or dentist prescribes a cob nce,
must advise the supervisor immediately in order that an evaluation cde of `�e
impact, if any, on the safe and efficient operation of the City.
349150 3.11.07.12 Attachment A
SECTION 4 TESTING
A. Substances Tested For: Employees will be subject to drug testing for the
detection of the following illegal drugs/drug groups, as well as others that
may from time to time be declared illegal by state or federal law:
1. Amphetamines
2. Barbiturates
3. Benzodiazepines
4. Cannabinoids (marijuana)
5\ Cocaine
G. Nothadone
i. Meth ualone
S. Opiates ( oin, morphine, codeine)
9. Phencyclidine p)
10. Propoxyphene
B. Testing for Illegal Con lied Substances — C
Employees/Circumstances. Subj t to applicable law:
'I. Employees in special risk ands �- t sensitive positions.
(a) Special risk and safety se itive employees include all
employees in all classification requiring a CDL license,
sworn law enforcement officers, certified
Firefighters/Paramedics and Firefig rs/EMTs, wafer and
waste water treatment plant operator Other employees
who are considered special risk or safet ensitive shall be
notified of said status in writing. Employees vexed by this
paragraph shall be subject to random testing 1 accordance
with applicable law, in addition to being subje -to tests
under subparagraph (P)(2) below.
(b) Applicants and employees are subject to testing on the s e
basis as other employees Linder Section (13)(2), except n
3,19150 3.11.07.12
reasonable suspicion is required for testing such employees
for illegal controlled substances for:
(1) When involved in any accident involving any personal
injury that results in a worker's compensation claim or
serious damage to property occurs.
(2) Random drug testing allowed by law.
2. Non -Safety Sensitive/Special Risk Employees.
(a) All job applicants shall be subject to pre -employment drug
testing as a prerequisite to employment with the City. It is
the obligation of the job applicant to notify the approved
testing facility of any controlled substances prescribed for
the job applicant by a physician or dentist.
(b) When an employee is involved at any time directly in an
equipment or vehicular work -related accident, any accident
on 'die -job, or in any unsafe and/or negligent maintenance or
operation of the City's equipment or vehicles at any time or
where in the opinion of the City Administrator the employee
s at fault or the employee's conduct contributed to the
ac ' ent and there is reasonable suspicion to believe the
emp ee was in violation of Section 2(A).
(c) When rea nable suspicion exists to believe the employee is
using drugs alcohol in violation of this policy. Reasonable
suspicion is (1 formation that leads the City Administrator,
his/their designe to suspect a violation of Section 2(A), or
(2) a belief by two or more supervisors or managers that
an employee is usin or has used drugs or alcohol in
violation of this policy wn from specific objective and
articulable facts and re a able inferences drawn from
those facts in light of expene Among other things, such
facts and inferences may be bas upon:
(1) Observable phenomena while work, such as direct
observation of drug use or of p sical symptoms or
manifestation of being under the in 1 nce of a drug or
alcohol;
(2) Abnormal conduct or erratic behavior whil t work or
a significant deterioration in work perrormanc
(3) A report of drug use;
3491 50 3.11.07.12
(4) Evidence that an individual has tampered w' h a drug
test dL,rir,g his employment with the City;
(5) Information that an employee has caused, ccntributed
to, or been involved in an accident while at work;
(6) Evidence that an employee has used, possessed,
manufacured, cultivated, sold, solic' :ed, or
transferred drugs;
(7) Frequent absences from work without a satisfactory
explanation.
Employee Rights — When testing to determine the presence of illegal
controlled substances under subparagraphs (1) and (2) above:
Employees End job applicants have the right to consu t with the
testing laboratory for technical information regarding prescription
and non-prescripticn medications. The name, adc', _ss and
number of the testing laboratory will ba provided to the
e$ephone
oyee or ob applicant upon request.
2. All lest salts will be Icept confidential and will only be provided to
manageri mployees on a need -to -know basis.
3. For tests uncle ection 4(8)(1)(b)(1) and (2), Employer hall meet
with and inform employee that, in the opinion of the Employer,
there is a basis fo\enab suspicion and cf the Employer's
in_ention to schedualcohol screen or test. At said
meeting, the Empconsider the commen'of the
employee regardinr ar.d shall then make a final
determination of whced Gnd require 'the screen or test.
4. Employee may upon his request ve a representative n -es6.nt at
said meeting, however, the meeting all not be delayed because
the employee wishes to have a specifi\tlhonployee.to
tive present. if it
is determinec by the Employer that a hol scre�)n or test
will be required, the employee shall bly esco: tad to the
appropriate facility for the test. Refusployeeto submit
to said Pest will r$suh in disciplinaryTerm` nation of
employment as determined at the exre of the City
Administrator.
5. If the employee is in a collective bargaining unit, the repreN'1111ICVe
in subparagraph (4) above may be a Union representative-.
G. Procedures for tosting for the presence of illegal c
slbstances shall be conducted consistent with the previsions of
349150 3.11.07.12
Florida Statute 440.102(5)(a) through (o) and (6) for alcohol, a
positive result is 0.02, or greater. For drugs, a positive result is in
accordance with the detection levels established by I -IRS
guidelines.
7. The common and chemical names of the substances identified in
subsection A above, a copy of Florida Statute 440.102(5) and (6)
and a list of local drug rehabilitation programs is available from
Administration.
All employees must report to 'their supervisor any arrest, indictment or
conviction or a drug or alcohol related violation or alleged violation of law
not later than the next work day after they become aware of it. Failure to
I`p report may result in immediate termination.
B. Up conviction of a crime involving illegal drugs, the employee will be
imme rely terminated.
C. Without re Xd to prosecution or conviction by appropriate governmental
entities, the ty may, at its option, conduct its own independent
investigation to ermine whether or not there has been a violation or the
City's drug and/or ohol policy. If, in the opinion of the City, it believes a
violation has occurre it will take whatever disciplinary action it deems
appropriate regardless the ultimate outcome of any criminal case that
maybe brought against th - rnployee.
WIRMIAIXOTIMI
Employees who violate this policy or who are di1 ted to take a physical examination,
blood, breathalyzer, urinalysis or other test allowe law, and refuse or fail to do so
when and as directed; or who, after having 'ialcen s examination and/or test are
determined to have utilized illegal controlled substance \y,
or to have violated
the City's Drug Free Workplace and Alcohol Abusall be subject to
immediate termination; provided, however, if'the preillegal controlled
substance is established as a result of the test, the ejob applicant may,
within five (5) working days of receipt of written notificat'''ve result, requestan opportunity to explain the result to the City and/or the fiicer.
SECTION 7 EMPLOYEE INJURED ON THE JOB
Any employee injured on the job who refuses to submit: to a drug test, or has a sitive
confirmation Pest, in addition to other provision of the policy, may forfeit his eligibi r for
all workers' compensation medical and indemnity benefits depending on applicable la
349150 3.11.07.12
SECTION 8 EMPLOYEE ASSISTANCE PROGRAM
The City has an employee assistance prograrn (EAP) with one or its missions being to
assist employees who voluntarily report drug or alcohol related problems, which have
not yet adversely affected their job or City operations. The City may require any
employee in violation of this policy, whether he voluntarily reports his problem or not, to
participate in the EAP or other medical and rehabilitative assistance programs as a
condition for continued employment. For further information regarding the EAP, contact
Administration.
A. Employees Who Voluntarily Ask For Help. Employees with drug or
alcohol related problems who wish assistance through the EAP may
contact the EAP provider on a confidential basis or through Administration.
If the request is made through Administration, City referrals will be made
only upon execution by the employee of a release to the EAP provider to
\determi
ministration advised as to the employee's attendance and
in the rehabilitation program. If the employee has a saiisfacto►y
ce record and is otherwise qualified to perform his job, the City
t the employee an unpaid leave of absence for a period
d by the City to participate in a City approved treatmentt or
► program. Such a leave will be granted only one (1) time.
lo will be responsible for all expenses resulting from the
or pr -am to the extent they are not covered by insurance.
G. Other Employees. the event the City discovers a violation of this drug
or alcohol policy, or a Icohol-related problem that adversely affects or
may adversely affect th- mployee's performance or the City business,
the City may proceed to ' cipline the employee up to and including
discharge, or at its option, r- ire the employee to undergo approved
medical or rehabilitative assista -. The City may grant the employee
leave with or without pay to pa ' ipate in a rehabilitation program,
including referral to the City CAP pro - m. Such leave may be granted
only one (1) time. Allowing of rehabilita ' n under the City EAPprogram
will be conditioned on the execution of a co ent by the employee: to allow
the EAP provider, or persons providing medic r rehabilitative assistance
to keep Administration advised of the emplo 's attendance and the
success of the rehabilitation. The employee wi e responsible for all
expenses resulting from the treatment or rehabilitat► to the extent -they
are not covered by insurance.
C. Return to work. Employees who are granted a leave 0"' a nce under
paragraph A or 6 above must successfully complete all EAP, ical and
other rehabilitative requirements established by the City ' -iin a
reasonable amount of time. A successfully rehabilitated employe- ho
has been granted a leave of absence under A above shall be returne `o
his former job provided he successfully completed rehabilitation within th-
period of His leave. Employees who successfully complete relinbilitation
349130 3.11.07.12
under B above within the period of his leave will be returned to his former
job if vacant, but if not to any vacancy which the City considers him
qualified to perform, if any, and if there is none he shall be terminated.
D. Ike -testing. Employees allowed to return to work from an illegal controlled
substance problem shall be subject to re -testing any time without notice
and must submit to such test as and when directed by the City for one (1)
year after they have been free of illegal drugs as determined by the City,
or its designee.
ON 9 REPORTING VIOLATION OF THE POLICY
A. Deporting violations. It is the obligation of every employee of the City to
\report: violations of the City's drug and alcohol abuse policies. Failure to
report may subject employees to discipline up to and including discharge.
B.\@*
h re orts. Any employee who in good faith, based upon
suspicion or observation, reports an alleged violation of these
r any supervisory or managerial employee who investigates or
n in good faith based on reasonable suspicion or observation
harassed, retaliated against, or discriminated against in any
► ling reports, participating in'the investigation or because or
nab ction he takes as a result of the investigation.
C. Bad faith claims.
policies set forth
termination.
349150 3.11.07.12
knowingly false reporting of a violation of the
n shall subject the employee to immediate
SECTION IO COORDINATION WITH ADMINISTRATION
All action taken by members of management under this Section must be coordinated
through Administration to ensure compliance with all applicable laws.
3491j0 3.11.07.12
Attachment A
CHAPTER 3. SECTION 3.04
DRUG -FREE WORKPLACE AND ALCOHOL POLICY
SECTION I POLICY
The City's Drug -Free Workplace Policy is aimed at ensuring zero tolerance to illegal drugs at all times and
zero tolerance to alcohol or lawful drugs under circumstances that affect or might affect the safety and
wellbeing of employees, citizens and others, or the effective operation of City business. This policy is
promulgated pursuant to Sections 440.101 and 440.102 of the Florida Statutes, together with any
applicable regulations promulgated by the Florida Agency for Health Care Administration in Chapter 59A-
24 of the Florida Administrative Code.
In addition to this policy, all employees required to have a commercial driver's license (CDQ and who
operate commercial motor vehicles as defined by Chapter 49 CFR Part 383 are subject to any applicable
controlled substance and alcohol testing rules established by the Federal Highway Administration (FHWA)
under the Omnibus Transportation Employee Testing Act of 1991 (revised February 1994), in accordance
with 49 CFR Parts 40, 382, 392.4, and 392.5. Regulatory penalties for infractions are in addition to
disciplinary action set forth in this policy, including termination of employment.
SECTION 2 PROHIBITIONS
A. Illegal Controlled Substances. The City prohibits the use, distribution, possession,
manufacture, cultivation, sale or attempt to sell or distribute illegal controlled
substances at any time whether on or off duty, whether on or off City property. Illegal
controlled substances are defined by applicable state and federal laws.
Alcohol Abuse. Employees of the City are prohibited from using or possessing alcohol
while on duty; and/or while on City premises (unless deemed work related, and
approved by the City Manager); while driving a City vehicle, while operating a piece
of City equipment, or while being transported in City vehicles at any time. In
addition, employees are prohibited from reporting to work under the influence of
alcohol and from otherwise using alcohol in a manner at any time which adversely
affects the business interests of the City.
SECTION 3 USE OF LEGAL DRUGS
The legal use of prescription and non-prescription drugs is often necessary for specific, recognized, and
accepted medical purposes. However, such drugs can and often do have a direct impact on the vigilance,
judgment and/or coordination of the employee and adversely affect the employee's job performance and
SPDN-868764429-1941900 4.10.17.16T
the employee's ability to work in a safe and efficient manner. This is particularly true in safety -sensitive
assignments involving the operation of motor vehicles and other moving equipment. Therefore, unless
used in accordance with a valid prescription from a medical professional or in accordance with accepted
over the counter uses, the City prohibits the use, distribution, possession, manufacture, cultivation, sale or
attempt to sell or distribute prescription and non-prescription drugs. Additionally, an employee for whom
a licensed medical professional prescribes a controlled substance which may adversely affect the safe and
efficient operation of the City or the employee's ability to safely perform his or her job, must advise the
supervisor immediately in order that an evaluation can be made on the impact, if any, on the safe and
efficient operation of the City.
SECTION 4 TESTING
A. Substances Tested For: Employees will be subject to drug testing for the detection of the
following illegal drugs/drug groups, as well as others that may from time to time be
declared illegal by state or federal law:
1. Amphetamines
2. Barbiturates
3. Benzodiazepines
4. Cannabinoids (marijuana)
5. Cocaine
6. Methadone
7. Methaqualone
8. Opiates (heroin, morphine, codeine)
9. Phencyclidine (pcp)
10. Propoxyphene
Common Medications Which Could Alter or Affect Test Results. Certain prescription and
non-prescription medications may alter or affect a drug or alcohol test. Employees and
applicants that are subject to testing are obligated to report any prescription or non-
prescription medication which could alter or affect test results to the independent
Medical Review Officer ("MRO"). The City's MRO contact information is available in the
Human Resources/Risk Management Department. Employees and applicants subject to
testing have the right to confidentially consult with the MRO for additional or technical
information regarding medications which may alter or affect test results. The most
common medications which may alter or affect a test include, but are not limited to:
Drug
Medication Which May Alter or Affect Test
Alcohol
Liquid medications containing ethyl alcohol (ethanol). For example, many
cough syrups, Vicks Nyquil, Comtrex, Listerine contain alcohol
Cannabinoids
Marino] (Dronabinol, Tetrahydrocannabinol (THC))
Amphetamines
Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, lonamine, Fastine
2
SPDN-868764429-1941900 4.10.17.16T
Cocaine
Cocaine HCI topical solution (Roxanne)
Phencyclidine
Not legal by prescription
Methaqualone
Not legal by prescription
SPDN-868764429-1941900 4.10.17.16T
Opiates
Paregoric, Parepectolin, Donnagel PG, Morphine, Pectoral Syrup, Tylenol
with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with
Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine
Expectorant, Dilaudid (hydromorphone), M-S Contin and Roxanol
(morphine sulfate), Percodan, Vicodin, Tussi-organidin, etc.
Barbituates
Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal,
Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butalbital, Phenrinin, Triad,
etc.
Benzodiazepines
Activan, Azene, Clonopin, Dalmane, Diazepam, Halcion, Librium, Xanax,
Serax, Tranxene, Valium, Verstran, Paxipam, Restoril, Centrax
Methadone
Dolphine, Metadose
Propoxyphene
Davocet, Darvon N, Dolene, etc.
B. Testing for Illegal Controlled Substances — Classes of Employees/Circumstances. Subject
to applicable law:
1. Employees in mandatory testing, special risk and safety sensitive positions.
(a) Mandatory testing, special risk and safety sensitive employees include all
employees in all classifications requiring a CDL license, sworn law
enforcement officers, certified Firefighters/Paramedics and
Firefighters/EMTs, and water and waste water treatment plant
operators. Other employees who are considered mandatory testing,
special risk or safety sensitive shall be notified of said status in writing.
Employees covered by this paragraph shall be subject to suspicionless
testing when involved in an accident and as part of any physical
examination directed by the City, in accordance with applicable law, in
addition to being subject to tests under subparagraph (13)(2) below.
(b) Applicants for positions covered by B(1)(a) above shall be subject to
testing as provided in 13(1)(a).
(c) Applicants and employees not covered by B(1)(a) are subject to testing
on the same basis as other employees under Section (13)(2).
2. Non -Safety Sensitive/Special Risk Applicants and Employees.
(a) All job applicants shall be subject to pre -employment drug testing as a
prerequisite to employment with the City to the extent such testing is
allowed by applicable law. It is the obligation of the job applicant to
notify the approved testing facility of any controlled substances
prescribed for the job applicant by a physician or dentist.
4
SPDN-868764429-1941900 4.10.17.16T
(b) When an employee is involved at any time directly in an equipment or
vehicular work -related accident, any accident on-the-job, or in any
unsafe and/or negligent maintenance or operation of the City's
equipment or vehicles at any time or where in the opinion of the City
Manager, or his designee, the employee was at fault or the
employee's conduct contributed to the accident and there is reasonable
suspicion to believe the employee was in violation of Section 26.02.
(c) When reasonable suspicion exists to believe the employee is using drugs
or alcohol in violation of this policy. Reasonable suspicion is (1)
information that leads the City Manager, his/their designees, to suspect
a violation of Section 26.02 (A) or (B) a belief that an employee is using or
has used drugs or alcohol in violation of this policy drawn from specific
objective and articulable facts and reasonable inferences drawn from
those facts in light of experience. Among other things, such facts and
inferences may be based upon:
(1)
Observable phenomena while at work, such as direct observation
of drug use or of physical symptoms or manifestation of being
under the influence of a drug or alcohol;
(2)
Abnormal conduct or erratic behavior while at work or a
significant deterioration in work performance;
(3)
A report of drug use;
(4)
Evidence that an individual has tampered with a drug test during
his employment with the City;
(5)
Information that an employee has caused, contributed to, or
been involved in an accident while at work;
(6)
Evidence that an employee has used, possessed, manufactured,
cultivated, sold, solicited, or transferred drugs;
(7)
Frequent absences from work without a satisfactory explanation.
(8)
Termination from prior or secondary employment due to use or
possession of illegal controlled substances.
(9)
Having been convicted of or pled polo contender to a charge of
use, possession, sale or attempt to sell illegal controlled
substances.
3. Employee Rights
— When subject to testing under subsection B (1) or (2) above:
5
SPDN-868764429-1941900 4.10.17.16T
1. Unless otherwise required by law, all test results will be kept
confidential and will only be provided to managerial employees and
medical personnel on a need -to -know basis.
2. For tests conducted on the basis of reasonable suspicion, the City shall
meet with and inform an employee that, in the opinion of the City, there
is a basis for reasonable suspicion and of the the intention to schedule a
drug or alcohol screen or test.
(a) At said meeting, the City shall consider the comments of the
employee regarding the matter and shall then make a final
determination of whether to proceed and require the screen or
test.
(b) The employee may upon his request have a representative
present at said meeting, however, the meeting shall not be
delayed because the employee wishes to have a specific
representative present. If it is determined by the Employer that
a drug or alcohol screen or test will be required, the employee
shall be immediately escorted to the appropriate facility for the
test. Refusal by the employee to submit to said test will result in
disciplinary action, up to termination of employment as
determined at the exclusive discretion of the City Manager.
(c) If the employee is in a collective bargaining unit, the
representative in subparagraph (4) above may be a Union
representative.
(d) When deciding to test based on reasonable suspicion, the City
will promptly detail in writing the circumstances which formed
the basis of the determination that a reasonable suspicion
existed to warrant testing. A copy of the documentation will be
provided to the employee upon request.
3. Procedures for testing for the presence of illegal controlled substances
shall be conducted consistent with the provisions of Florida Statute
440.102(5)(a) through (o) and (6). For alcohol, a positive result is 0.02, or
greater. For drugs, a positive result is in accordance with the detection
levels established by AHCA guidelines.
4. The common and chemical names of the substances identified in
subsection 26.04 (A) above, a copy of Florida Statute 440.102(5)
6
SPDN-868764429-1941900 4.10.17.16T
and (6) and a list of local drug rehabilitation programs is available
from Human Resources.
5. The following procedures will be followed if an employee orjob applicant
has a confirmed positive test result:
(a) An employee or applicant who receives a positive confirmed test
result may contest or explain the result to the MRO identified
above within five working days. If the MRO determines that the
employee's explanation is unsatisfactory, the MRO will report
the positive test to the City. The employee or applicant may
contest a positive confirmed test result pursuant to the City's
policies, section 440.102 of the Florida Statutes, or any law or
collective bargaining agreement that is otherwise applicable. If
an employee or applicant seeks to contest the laboratory result,
it is his or her responsibility to contact the laboratory to advise of
any administrative or civil proceeding challenging the results and
to request that the test sample be preserved by the laboratory.
(b) Within 180 days of receiving written notification of a positive test
result, an employee or applicant may, at his or her expense, have
the positive sample retested at a different laboratory licensed
and approved by the Agency for Health Care Administration.
(c) Within five working days after receipt of a positive confirmed test
result from the MRO, the City will inform the employee or
applicant in writing of the test result, the consequences of the
test result and any action that the City may elect to take. Within
five working days after receiving notice of a positive confirmed
test result from the City, the employee or job applicant may
submit information to the City explaining or contesting the test
result and explaining why the test result does not constitute a
violation of this policy. If the City determines that the explanation
is unsatisfactory, the City will, upon request, provide a copy of
the test result to the employee or applicant along with a written
reason as to why the explanation was deemed unsatisfactory.
SECTION 5 REPORTING AND CONVICTION OF ALLEGED CRIMES
INCLUDING DRUGS OR ALCOHOL
A. All employees must report to their supervisor any arrest, indictment or conviction of a
drug or alcohol related violation or alleged violation of law not later than the next work
day after they become aware of it. Failure to so report may result in immediate
termination.
B. Upon conviction of a crime involving illegal drugs, the employee will be subject to
immediate termination.
7
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C. Without regard to prosecution or conviction by appropriate governmental entities, the
City may, at its option, conduct its own independent investigation to determine whether
or not there has been a violation of the City's drug and/or alcohol policy. If, in the opinion
of the City, it believes a violation has occurred, it may take whatever disciplinary action it
deems appropriate regardless of the ultimate outcome of any criminal case that may be
brought against the employee.
SECTION 6 DISCIPLINE FOR VIOLATION OF POLICY
An employee who has a positive confirmed test, who refuses to submit to a test, who tampers with a test,
or who otherwise violates the City's Drug -Free and Alcohol Policy is subject to immediate termination,
may forfeit eligibility for workers' compensation medical and indemnity benefits and may forfeit
entitlement to unemployment compensation. A job applicant who has a positive confirmed test, who
refuses to submit to a test or who tampers with a test will be ineligible for employment.
SECTION 7 EMPLOYEE ASSISTANCE PROGRAM
The City has an employee assistance program (EAP) with one of its missions being to assist employees
who voluntarily report drug or alcohol related problems, which have not yet adversely affected their job
or City operations. The City may require any employee in violation of this policy, whether he voluntarily
reports his problem or not, to participate in the EAP or other medical and rehabilitative assistance
programs as a condition for continued employment. For further information regarding the EAP, contact
Human Resources.
A. Employees Who Voluntarily Ask For Help. Employees with drug or alcohol related
problems who wish assistance through the EAP may contact the EAP provider on a
confidential basis or through Human Resources. In addition to any FMLA leave to which
the employee may be entitled, the City may grant the employee an unpaid leave of
absence for a period determined by the City to participate in a City approved treatment
or rehabilitative program. Such a leave will be granted only one (1) time. This employee
will be responsible for all expenses resulting from the treatment or program to the extent
they are not covered by insurance.
B. Other Employees. In the event the City discovers a violation of this drug or alcohol policy,
or an alcohol -related problem that adversely affects or may adversely affect the
employee's performance or the City business, the City may proceed to discipline the
employee up to and including discharge, or at its option, require the employee to undergo
approved medical or rehabilitative assistance. The City may grant the employee leave
with or without pay to participate in a rehabilitation program, including referral to the
City EAP program. Such leave may be granted only one (1) time. Allowing of rehabilitation
under the City EAP program will be conditioned on the execution of a consent by the
employee to allow the EAP provider, or persons providing medical or rehabilitative
assistance to keep Administration advised of the employee's attendance and the success
of the rehabilitation. The employee will be responsible for all expenses resulting from the
treatment or rehabilitation to the extent they are not covered by insurance.
C. Return to work. Employees who are granted a leave of absence under Section 26.07 (A)
or (B) above must successfully complete all EAP, medical and other rehabilitative
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requirements established by the City within a reasonable amount of time. A successfully
rehabilitated employee who has been granted a leave of absence under Section 26.07 (A)
above shall be returned to his former job provided he successfully completed
rehabilitation within the period of his leave. Employees who successfully complete
rehabilitation under Section 26.07 (B) above within the period of his leave will be returned
to his former job if vacant, but if not to any vacancy which the City considers him qualified
to perform, if any, and if there is none he shall be subject to termination.
D. Re -testing. Employees allowed to return to work from an illegal controlled substance
problem shall be subject to re -testing any time without notice and must submit to such
test as and when directed by the City for one (1) year after they have been free of illegal
drugs as determined by the City, or its designee.
SECTION 8 REPORTING VIOLATION OF THE POLICY
A. Reporting violations. It is the obligation of every employee of the City to report violations
of the City's drug and alcohol abuse policies. Failure to report may subject employees to
discipline up to and including discharge.
B. Good faith reports. Any employee who in good faith, based upon reasonable suspicion
or observation, reports an alleged violation of these policies, or any supervisory or
managerial employee who investigates or take action in good faith based on reasonable
suspicion or observation shall not be harassed, retaliated against, or discriminated against
in any manner for making reports, participating in the investigation or because of any
reasonable action he takes as a result of the investigation.
C. Bad faith claims. Any knowingly false reporting of a violation of the policies set forth
herein shall subject the employee to immediate termination.
SECTION 9 COORDINATION WITH ADMINISTRATION
All action taken by members of management under this Section must be coordinated through Human
Resources to ensure compliance with all applicable laws.
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