20-2171 Amending Chapter 3, Section 3.04 (B.3) Drug-Free Workplace and Alcohol PolicyORDINANCE NO. 20-2171
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 policies adopted herein concerning the City's Drug -Free Workplace and
Alcohol Policy are intended to replace those adopted on March 20, 2017 by Ordinance No. 17-
2112; 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
Ordinance No. 20-2171
Page 1 of 21
"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 20th day of JanuaryA.D. 2020.
SECOND READING AND ADOPTION this day 31 of February, A.D. 2020.
CITY OF LONGWOOD, FLORIDA
Mat Morgan, Mayor
ATTEST: ,
i c h e)fkW, C 6tt, FCRM
City Clerk
App7 ems- o form and legality for the use and reliance of the City of Longwood, Florida only.
Daniel W. LanglCyeiy AtKAey
Ordinance No. 20-2171
Page 2 of 21
ATTACHMENT A
Drug -Free Workplace and Alcohol Policy
GENERAL POLICY
The City's Drug -Free Workplace Policy is aimed at ensuring zero tolerance to illegal
drugs at all times and its alcohol -free policy to zero tolerance under circumstances
that affect or might affect the safety and well-being of employees, citizens and
others, or that adversely affect or might affect the effective operation of City
operations. This policy has been implemented in accordance with sections 440.101
and 440.102 of the Florida Statutes.
II. PROHIBITIONS
A. Illegal Controlled Substances. The City prohibits the use, distribution, possession,
manufacture, cultivation, sale or attempt to manufacture, sell or distribute illegal
controlled substances at any time whether on or off duty and whether on or off
City property. Illegal controlled substances are defined by applicable state and
federal laws. Please be advised that marijuana, even if prescribed for a medical
purpose and even if deemed lawful by some states for other purposes, remains
an illegal controlled substance under federal law. As such, the City strictly
prohibits the use of marijuana for any purpose.
B. Alcohol Abuse. Employees of the City are prohibited from using or possessing
alcohol while on duty; while on City premises or property (except as provided in
subsection C below); 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 or might adversely affect the interests or operations of the City.
C. Community or City Sponsored Events Permitting Alcohol. The general
prohibition of an employee using or possessing alcohol while on City premises or
property as set forth in subsection B above is not intended to apply to
circumstances when an employee is off duty and attending, as a participant, a
community event or city sponsored event conducted on a city premises (e.g.
Longwood Community Building or a public park) where alcohol is legally
permitted for use and possession by the event participants and the employee is
complying with the applicable rules and law governing the use and possession of
alcohol at said event.
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III. DEFINITIONS
A. Mandatory Testing Position. Mandatory testing position shall mean a job
assignment that requires the employee to:
1. Carry a firearm;
2. Work closely with an employee who carries a firearm;
3. Perform life -threatening procedures;
4. Work with heavy or dangerous machinery;
5. Work as a safety inspector;
6. Work with children;
7. Work with detainees in the correctional system;
8. Work with confidential information or documents pertaining to criminal
investigations;
9. Work with controlled substances;
10. Undergo an employee security background check pursuant to section
110.1127 of the Florida Statutes;
11. Perform job assignments in which a momentary lapse in attention could
result in injury or death to another person; or,
12. Perform safety -sensitive job duties and responsibilities.
B. Special Risk Position. Special risk position shall mean a position that is required
to be filled by a person who is certified under:
1. Chapter 633 of the Florida Statutes (Fire Prevention and Control); or,
2. Chapter 943 of the Florida Statutes (Law Enforcement).
IV. LEGAL USE OF PRESCRIPTION AND NON-PRESCRIPTION DRUGS
The legal use of prescription and non-prescription drugs is often necessary. 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,
Ordinance No. 20-2171
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manufacture, cultivation, sale or attempt to sell or distribute prescription drugs.
Employees are required to advise his or her supervisor if he or she is taking prescription
or non-prescription drugs which have the potential to adversely impact the employee's
job performance or the employee's ability to work in a safe and efficient manner. As
marijuana remains an illegal controlled substance under federal law, the City strictly
prohibits its use, even if otherwise prescribed for a medical purpose under state law.
V. DRUG AND ALCOHOL TESTING
A. Job Applicant Testing and Testing for Assignment to Special Risk/Mandator
Testing Position. Applicants for employment in special -risk and/or mandatory
testing positions are subject to pre -employment drug and alcohol test as a
prerequisite to employment with the City. Current employees who are assigned
to a special -risk and/or mandatory testing position from a non -special -risk or
non -mandatory testing position are subject to being tested at the time of the
assignment.
Routine Fitness -for -Duty Testing. Employees may be required to submit to drug
and alcohol testing as part of any routinely scheduled employee fitness -for -duty
medical examinations.
C. Follow-up Testing. Employees who enter into an employee assistance program
or any similar rehabilitation program will be subject to drug and alcohol testing
as a follow-up to such program. Follow-up testing will be conducted without
advanced notice and at least once per year for a period of no less than two
years.
D. Reasonable Suspicion Testing. An employee will be subject to drug and alcohol
testing whenever reasonable suspicion exists to believe the employee is using
drugs or alcohol in violation of this policy or otherwise engaging in conduct in
violation of this policy. Reasonable suspicion shall be based on specific, objective
and articulable facts and reasonable inferences drawn from those facts in light of
experience. In making this determination, relevant factors may include, but are
not limited to:
1. Observable phenomena, such as direct observation of drug use or of
physical symptoms or manifestation of being under the influence of a
drug or alcohol;
Abnormal conduct, erratic behavior or a significant unexplained
deterioration in work performance;
A report of drug use, provided by a reliable source;
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4. Evidence that an individual has tampered with a drug test during his or
her employment with the City;
Information that an employee has caused or contributed to an accident
or injury while at work;
Evidence that an employee has negligently or recklessly operated a
vehicle, equipment or machinery while at work;
Evidence that an employee has used, possessed, manufactured,
cultivated, sold, solicited, or transferred drugs.
Supervisors who determine that reasonable suspicion exists to require an
employee to submit to a drug and/or alcohol test are required to promptly
document in writing the circumstances which formed the basis of the
determination that reasonable suspicion existed to warrant the testing.
Random and/or Suspicionless Testing. Employees who hold special risk or
mandatory testing positions are subject to drug and alcohol testing on either a
random or a suspicionless basis.
Other Lawful Testing, The City reserves the right to conduct any other type of
lawful drug or alcohol testing. Employees who are subject to the drug and
alcohol testing requirements imposed by the Department of Transportation on
operators of commercial motor vehicles must fully comply with this policy as
well as the DOT -mandated Substance Abuse Policy for Commercial Motor
Vehicle Operators. When safety -sensitive CDL employees are being tested
pursuant to this policy (i.e., the non -DOT policy), the testing procedures set forth
below shall apply. When safety -sensitive CDL employees are being tested
pursuant to the DOT -mandated policy, the procedures set forth in that policy
shall apply
VI. DRUGS TESTED FOR AND COMMON MEDICATIONS THAT MAY AFFECT RESULTS
A. Drugs 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:
• Alcohol (including a distilled spirit, wine, malt beverage or other
intoxicating liquor)
• Amphetamines
• Barbiturates
• Benzodiazepines
• Cannabinoids (marijuana)
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• Cocaine
• Methadone
• Methaqualone
• Opiates (heroin, morphine, codeine)
• Phencyclidine (PCP)
• Propoxyphene
• Any other hallucinogen, synthetic narcotic, designer drug or a metabolite
of any of the substances listed above
B. 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
Liquid medications containing ethyl alcohol (ethanol). For
Alcohol
example many cough syrups, Vicks Nyquil, Comtrex, Listerine
contain alcohol
Cannabinoids
Marinol (Dronabinol, Tetra hydrocannabinol (THC))
Amphetamines
Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, lonamine,
Fastine
Cocaine
Cocaine HCI topical solution (Roxanne)
Phencyclidine
Not legal by prescription
Methaqualone
Not legal by prescription
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-
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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
I Davocet, Darvon N, Dolene, etc.
VII. TEST RESULTS
The following procedures will be followed if an employee or job 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 this policy, section 440.102
of the Florida Statutes, or other applicable law. 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.
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 options that the City may
elect to afford the employee or applicant in accordance with this policy. 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 employer
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 provide a copy of the test result to the
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employee or applicant along with a written reason as to why the explanation
was deemed unsatisfactory.
VIII. CONSEQUENCES OF A POSITIVE CONFIRMED TEST, A REFUSAL TO SUBMIT TO TESTING
OR TAMPERING WITH A TEST
An employee who has a positive confirmed test, who refuses to submit to a test or who
tampers with a test is subject to disciplinary action up to and including 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.
IX. CONFIDENTIALITY
Absent written consent, all information, interviews, reports, statements, memoranda,
and drug test results, written or otherwise, received or produced as a result of the City's
drug testing program are confidential and exempt from the provisions of Chapter 119 of
the Florida Statutes (Public Records Law) and may not be used or disclosed except as
otherwise provided by section 440.102 of the Florida Statutes or other applicable law.
X. EMPLOYEE ASSISTANCE PROGRAMS
Employee Assistance Programs (EAP) are available to assist employees who voluntarily
self -report, prior to being requested to test, drug or alcohol related problems which
have not yet adversely affected their job or City operations. Employees who voluntarily
seek help, who have not had a positive drug test and who are not participating in EAP at
the time or at any previous time, will not be subject to discipline. Employees with drug
or alcohol related problems who wish to seek voluntary assistance through the EAP may
contact Human Resources for a list of EAP providers.
Other Helpful Numbers
Drug -Free Workplace Helpline 1-800-Workplace (967-5752)
Substance Abuse & Mental Health Svcs Admin Helpline: 1-800-662-HELP(4357)
Employees and applicants who violate this Policy will ordinarily not be eligible to elect
participation in EAP in lieu of disciplinary action. The City may permit exceptions to this
provision where the City Manager determines, in his or her exclusive discretion, that the
specific circumstances warrant. In such circumstances, the City may require that an
employee in violation of this policy participate and successfully complete the EAP as a
condition of continued employment.
Employees employed in a mandatory testing or special -risk position who enter into EAP,
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whether voluntarily or involuntarily, will be removed from their mandatory testing or
special -risk position and transferred to another position or placed on leave until the
successful completion of the EAP. An employee placed on leave may utilize his or her
accrued leave, if any, otherwise the leave shall be unpaid.
XI. REPORTING VIOLATION OF THE POLICY
It is the obligation of every employee to report violations of this Policy. Failure to report
may subject employees to discipline up to and including termination of employment.
XII. COORDINATION WITH THE HUMAN RESOURCES DEPARTMENT
All action taken by supervisors under this policy must be coordinated through the
Human Resources Department to ensure compliance with all applicable laws.
XIII. REPORTING AND CONVICTION OF ARRESTS AND/OR ALLEGED CRIMES INCLUDING
DRUGS OR ALCOHOL
A. All employees must report to their supervisor any arrest, indictment, conviction,
plea or pretrial interventions of any type, 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
immediately terminated.
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 this policy has been violated. If, in the opinion of the City, it
believes a violation has occurred, it will take whatever disciplinary action it
deems appropriate regardless of the ultimate outcome of any criminal case that
may be brought against the employee. The City shall not be obligated to await
the outcome of any pending criminal or legal action prior to taking disciplinary
action.
Ordinance No. 20-2171
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Substance Abuse Policy
for
Commercial Motor Vehicle Operators
I. PURPOSE
The purpose of this program is to outline the City of Longwood Department of Transportation
(DOT) mandated -policy regarding federal law and rules governing drug and alcohol testing for
employees in safety -sensitive jobs. Safety -sensitive is defined as duties performed by employees
who are required to hold a Commercial Driver's License (CDL). The City also maintains a separate
drug testing policy outlining the rules governing the testing of non-CDL holders and providing for
additional non -DOT testing of CDL holders.
As an employer, the City of Longwood maintains a strong commitment to provide a safe, efficient
work environment for its employees and the public they serve. This policy is based upon the City's
practice and policy prohibiting the use of alcohol and drugs on the job or prior to reporting to
work. The policy is consistent with the federal drug testing requirements for operators of
Commercial Motor Vehicles (codified at 49 USC § 31306 and 49 C.F.R. Part 40 and Part 382). It is
the intent of this policy to assure compliance with Federal and State law and regulations
regarding drug and alcohol testing of certain specified safety -sensitive employees.
Federal law mandates alcohol and drug testing for employees in positions requiring a
Commercial Driver's License (CDL) and defined as safety -sensitive. Employees in positions
requiring a CDL and defined as safety -sensitive are subject to this policy and hereafter in this
policy will be referred to as employee and/or employees. These rules require pre -employment,
reasonable suspicion, post -accident, random, follow-up, and return -to -duty drug and alcohol
testing.
II. POLICY
A. Employees Subject to Testing
Federal regulations provide that safety -sensitive employees who operate vehicles requiring a CDL
must be subject to drug and alcohol testing. A CDL is required of any person who operates a
"commercial motor vehicle," which is defined as: a motor vehicle or combination of motor
vehicles used in commerce to transport passengers or property if the motor vehicle:
1) Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000 pounds; or
2) Has a gross vehicle weight rating of 26,001 or more pounds; or
3) Is designed to transport 16 or more passengers, including the driver; or
4) Is of any size and is used in the transportation of materials found to be hazardous
Ordinance No. 20-2171
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for the purpose of the Hazardous Materials Transportation Act.
Examples of positions deemed to require a CDL include bus drivers and drivers of trucks over
26,000 GVWR.
Each department, in conjunction with Human Resources, shall identify a complete listing of these
defined safety -sensitive job functions and corresponding position titles. That listing shall be
attached to this policy memorandum and shall be updated as necessary.
B. Participation as a Condition of Employment
All employees in, or applicants for, positions defined as safety -sensitive in Section II(A) above
must participate in the drug and alcohol testing program prescribed by federal regulations as a
condition of employment. Failure to participate and comply with program requirements may
result in disciplinary action up to and including termination of employment.
C. Prohibited Behavior
It is the policy of the City of Longwood:
1) No employee shall use, sell, distribute, dispense, possess, or manufacture any
alcoholic beverages or illegal drugs or any other intoxicating substance on a job site
or State property while on duty; or while in a City vehicle, a vehicle leased for State
business, or a privately -owned vehicle being used for City business during the
employee's work hours.
2) No employee shall report to work unfit for duty at the beginning of a shift or upon
returning from any break, lunch or rest period, as a result of consuming alcohol, illegal
drugs, or other intoxicant.
3) An employee in a safety -sensitive position is further prohibited from the use of alcohol
four (4) hours prior to performing job functions. No supervisor having knowledge that
an employee in such a position has used alcohol within four (4) hours shall permit that
employee to perform job functions.
4) It is the responsibility of an employee on prescription medication or over-the-counter
medication, which has the potential to impair performance to consult with his/her
physician regarding its effects on their ability to perform their job functions. An
employee may be required to have his/her physician certify that medication
does/does not adversely affect the employee's fitness for duty. As marijuana remains
an illegal controlled substance under federal law, the City strictly prohibits its use,
even if otherwise prescribed for a medical purpose under state law.
5) Violation of these rules may result in disciplinary action up to and including
Ordinance No. 20-2171
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termination of employment.
6) Employees must also fully comply with all prohibitions set forth in the City's non -DOT
drug testing policy, which is applicable to both CDL and non-CDL employees. When
safety -sensitive CDL employees are being tested pursuant to this policy (i.e., the DOT -
mandated policy), the testing procedures set forth below shall apply. When safety -
sensitive CDL employees are being tested pursuant to the non -DOT policy, the
procedures set forth in that policy shall apply.
D. Circumstances for Testing
Federal regulations require that drug and alcohol tests be given to safety -sensitive employees (as
defined above) in specific circumstances: pre -employment, reasonable suspicion, post -accident,
random, return to duty, and follow-up. In order for employees to recognize the circumstances
which may initiate these tests, the following definitions are provided:
1) Pre -employment Testing - Federal regulations require that all applicants for employment
in positions requiring a CDL or individuals being transferred into such positions must be
given pre -employment drug test. Applicants may not be hired or assigned to a safety -
sensitive function unless they complete and pass the test. Prior to conducting the test,
departments must inform the applicant or employee of the testing requirements. Vacancy
announcements and job postings must stipulate that passing a drug test is a condition of
employment. Further, applicants may be required to sign a document acknowledging that
they know they are subject to testing.
2) CDL Acquisition —Employees who acquire a CDL license while currently employed with the
City will be tested prior to being transferred into a safety sensitive position.
3) Reasonable Suspicion Testing - Federal regulations require that an employee in a safety -
sensitive position must be directed to undergo alcohol and/or drug testing when the City
has reasonable suspicion to believe that the employee has used a prohibited drug or has
misused alcohol in violation of federal law. The request to undergo a reasonable suspicion
test must be based on specific, contemporaneous, articulable, reliable observations
concerning the appearance, behavior, speech, or body odor of the employee.
4) Post -Accident Testing - Federal regulations provide that as soon as practicable following
an accident, tests for alcohol and controlled substances shall be administered to
employees performing safety -sensitive functions, if (i) the accident involved the loss of
human life; or, (ii) the driver receives a citation under State or local law for a moving traffic
violation arising from the accident and the accident involved either bodily injury to any
person who receives medical treatment away from the accident or disabling damage to
one or more motor vehicles occurred as a result of the accident. Drug tests must be
Ordinance No. 20-2171
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performed within thirty-two (32) hours following the accident. Alcohol tests must be
performed within eight (8) hours. If an alcohol test is not administered within two (2)
hours following the accident, the department must still attempt to administer the test,
and must also prepare and maintain a record stating the reason(s) the test was not
promptly administered. If an alcohol test is still not administered within eight (8) hours
following the accident, the department shall cease attempts to administer an alcohol test
and shall maintain the same record.
A safety -sensitive employee shall not use alcohol for eight (8) hours following an accident
or until the employee undergoes a post -accident alcohol test, whichever occurs first.
The requirement to test for alcohol and drugs following an accident shall in no way delay
necessary medical attention for injured people or prohibit a safety -sensitive employee
from leaving the scene of an accident to obtain assistance in responding to the accident
or to obtain necessary emergency medical care. However, an employee who is subject to
post -accident testing shall remain readily available for such testing or may be deemed to
have refused to submit to testing.
5) Random Testing - Federal regulations require that safety -sensitive employees be subject
to random drug and alcohol testing. The selection of employees for random alcohol and
drug testing shall be made by a scientifically valid random number selection method. The
selection process shall assure that each employee shall have an equal chance of being
tested each time selections are made. The minimum annual percentage rate for random
alcohol testing shall be 10 % of the average number of CDL safety -sensitive positions and,
for controlled substances testing, 25% of the average number of CDL safety -sensitive
positions. Selection shall be determined by the third -party organization employed to
administer the alcohol and drug testing program.
The test dates shall be spread reasonably throughout the year with no established
pattern. Testing will be unannounced as well as random.
Once the employee has been notified that he/she has been selected for random testing,
the employee shall report immediately to the collection site. Employees shall be
individually and discretely notified to report to the collection site and they shall be
assured that they have been selected for a routine test. Schedules shall be adjusted so
that additional personnel may be available to substitute for employees being tested.
6) Return -to -Duty Testing - Before any employee is allowed to return to duty to perform a
safety -sensitive function following a verified positive drug test result, an alcohol result of
0.04 or greater, or a refusal to submit to a test, that employee must undergo a return -to -
duty test. The return -to -duty alcohol test result must indicate an alcohol concentration of
less than 0.02. The return -to -duty drug test result must indicate a verified negative result
for controlled substance use.
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Before a return -to -duty test is performed, the employee must be evaluated by a
substance abuse professional who shall determine what assistance, if any, the employee
may need and shall determine whether the employee has followed recommendations by
a substance abuse professional (SAP) including participation in any rehabilitation
program.
Federal regulations require that all return -to -duty tests be conducted under direct
observation.
7) Follow-up Testing - Once allowed to return -to -duty, an employee shall be subject to
unannounced follow-up testing for at least twelve (12), but not more than sixty (60)
months. The frequency and duration of the follow-up testing will be determined by a
substance abuse professional (SAP) as long as a minimum of six (6) tests are performed
during the first twelve (12) months after the employee has returned to duty. Employees
subject to follow-up testing must also remain in the standard random pool.
Federal rules require that all follow-up tests be conducted under direct observation.
E. Behavior that Constitutes a Refusal to Submit to a Test
The following actions or behaviors shall constitute a refusal to submit to a required test:
1) Refusal to take the test.
2) Inability to provide sufficient quantities of breath or urine to be tested without a valid
medical explanation.
3) Tampering with or attempting to adulterate the specimen or collection procedure, or is
reported by the MRO as having a verified adulterated or substituted test result.
4) Failure to report to the collection site in the time allotted, or the failure to remain at the
testing site until the testing process is complete.
5) Failure to remain readily available for post -accident testing for eight (8) hours or until the
employee undergoes testing, whichever occurs first.
6) Failure to permit a direct observation test where such test is required.
7) Failure to cooperate with any part of the testing process.
F. Testing Procedures
1) Drug Testing - Drug testing is conducted by analyzing the employee's urine specimen.
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Specimens are collected in an off -site facility which must meet the "Procedures for
Transportation Drug and Alcohol Testing Program" (49 CFR Part 40) requirements to
assure privacy and the integrity of specimen collection. The employee provides a urine
specimen, which is sealed and labeled by an authorized agent of the testing organization.
A chain of custody document is completed and the specimen is shipped to a certified
laboratory. The specimen collection procedures and chain of custody ensure that the
specimen's security, proper identification, and integrity are not compromised.
Federal law requires that drug testing procedures for safety sensitive employees include
split specimen techniques. Each urine specimen is sub -divided into two containers labeled
as primary and split specimens. Both specimens are forwarded to a laboratory certified
by the U.S. Department of Health and Human Services (DHHS). Only the primary specimen
is used in the urinalysis. The split specimen remains sealed and stored unless, and until, it
is required for confirmation of a positive test.
An initial screening test is performed. If the test is positive for one or more drugs, a
confirmation test is performed for each identified drug using gas chromatography/mass
spectrometry (GC/MS) analysis. GC/MS confirmation ensures that over-the-counter
medications are not reported as positive results.
If the analysis of the primary specimen confirms the presence of controlled substances,
the employee has seventy- two (72) hours to request that the split specimen be sent to
another DHHS certified laboratory for analysis. The split specimen procedure provides the
employee with an opportunity for a second opinion.
All drug test results are reviewed and interpreted by a physician, Medical Review Officer
(MRO), before they are reported. If the laboratory reports a positive result to the MRO,
the MRO contacts the employee and conducts an interview to determine if there is an
alternative medical explanation for the presence of a controlled substance in the
specimen.
If the employee provides appropriate documentation and the MRO determines that there
is a legitimate medical use of the prohibited drug, the test result is reported as negative.
The MRO may not verify a drug test as negative based upon information that a physician
recommended that the employee use "medical marijuana."
Employees will be subject to drug testing for the detection of illegal drugs/drug groups,
including but not limited to those listed below as well as others that may from time to
time be declared illegal by state or federal law:
• Marijuana (THC metabolite)
• Cocaine
• Amphetamines and methamphetamines
• Opiates (opium and codeine derivatives including heroin)
• Phencyclidine (PCP)
Ordinance No. 20-2171
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2) Alcohol Testing - Federal regulations provide that alcohol testing is conducted using
evidential breath testing (EBT) devices approved by the National Highway Traffic Safety
Administration (NHTSA). The breath test must be performed by a breath alcohol
technician (BAT) trained in the operation of the EBT and in the alcohol testing procedures
prescribed by the rules.
Two breath tests are required to determine if a person has a prohibited alcohol
concentration. Any result from the screening test is considered negative if the alcohol
concentration is less than 0.02. If the alcohol concentration is 0.02 or greater, a
confirmation test must be conducted. The employee and the BAT complete the alcohol
testing form to ensure that results are properly recorded. The confirmation test must be
conducted using an EBT that prints the results, date, time, in sequential test numbers,
and, the name and serial number of the EBT to ensure the reliability of the results.
The EBT shall be conducted by BAT's employed by a drug and alcohol testing organization
under contract by the City of Longwood. Agents of the City of Longwood or any of its
departments shall not perform the breath alcohol test. Law enforcement officers will not
conduct the tests as part of roadside inspections. Under certain circumstances, post -
accident tests conducted by law enforcement personnel will be acceptable.
3) Confidentiality of Test Results - Employee alcohol and drug testing results and records
are maintained under strict confidentiality by the City of Longwood, the drug testing
laboratory, the alcohol testing facility, and the MRO. The results cannot be released to
any other party except a substance abuse professional without the written consent of
the employee.
Exceptions to these confidentiality provisions are limited to a decision maker in
arbitration, litigation, or administrative proceedings arising from a positive drug test or
other violation of these rules.
Reports are maintained by the City of Longwood and the alcohol and drug testing
provider.
G. Consequences of the Use of Drugs and the Misuse of Alcohol
1) Consequences of Alcohol Misuse - Employees who engage in prohibited alcohol conduct
must be immediately removed from safety -sensitive functions. The following
circumstances constitute prohibited behaviors.
a. Employee has an alcohol concentration of 0.02 or greater, but less than 0.04, as
determined by EBT results, when tested just before, during, or just after performing
safety -sensitive functions.
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b. Employee has used alcohol within four (4) hours of performing safety -sensitive
functions.
c. Employee has used alcohol while performing safety -sensitive functions.
d. Employee has used alcohol during the eight (8) hours following an accident or until
the employee has undergone a post -accident alcohol test.
e. Employee refused to submit to a required alcohol test (as defined in Section II(E)).
f. Employee has an alcohol concentration of 0.04 or greater, as determined by EBT
results, when tested just before, during, or just after performing safety -sensitive
functions.
An employee found to have violated any provision of G(1)(a), shall be immediately removed from
safety -sensitive duty for at least twenty-four (24) hours, and the incident shall be recorded.
Further, the employee will be subject to disciplinary action up to and including termination of
employment.
No employee who has engaged in any prohibited alcohol conduct as defined in section G(1)(b)-
(f), shall be allowed to perform safety -sensitive functions until the employee has been evaluated
by a substance abuse professional. Before an employee returns to duty performing a safety -
sensitive function; the employee must undergo a return -to -duty alcohol test with a result
indicating alcohol concentration of less than 0.02. The employee shall be subject to the provisions
for follow-up testing as defined in Section II(D)(6). Further, the employee will be subject to
disciplinary action up to and including termination of employment.
2) Consequences of Use of Controlled Substances - An employee who has a verified positive
drug test result must be immediately removed from safety -sensitive functions. The
employee who has a verified positive drug test result shall not be allowed to perform
safety -sensitive functions until the employee has been evaluated by a substance abuse
professional. Before an employee returns to duty performing safety -sensitive functions,
the employee must undergo a return -to -duty substance test with a verified negative
result. This test will be conducted under direct observation. The employee shall be subject
to the provisions for follow-up testing as defined in Section II(D)(6).
An employee who has an initial verified positive drug test result will be subject to
disciplinary action up to and including termination of employment.
3) Refusal to Submit to a Required Alcohol or Drug Test - (as defined in Section II(E)) Refusal
or failure to submit to a required alcohol or drug test constitutes a failed test resulting in
immediate removal from safety -sensitive duty and appropriate disciplinary action as
prescribed under Section G(1), and (2). The employee shall not be allowed to perform
safety -sensitive functions until the employee has been evaluated by a substance abuse
Ordinance No. 20-2171
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professional. Before an employee returns to duty performing safety -sensitive functions,
the employee must undergo a return -to- duty substance test with a verified negative
result. This test will be conducted under direct observation. The employee shall be subject
to the provisions for follow-up testing as defined in Section II(D)(6).
H. Training for Supervisors
The City of Longwood shall ensure that all supervisors and other persons designated to determine
whether reasonable suspicion exists to require an employee to undergo testing must receive a
minimum of sixty (60) minutes of training on alcohol misuse and a minimum of sixty (60) minutes
of training on controlled substances use. The training shall include the physical, behavioral,
speech, and performance indicators of probable alcohol misuse and use of controlled substances.
The training shall include an overview of the program requirements, disciplinary procedures,
confrontation and documentation procedures, and rehabilitation and treatment options which
are available.
I. Training for Safety -Sensitive Employees
1) Each department participating in the CDL Drug and Alcohol Testing Program shall
ensure that all employees performing job functions deemed safety -sensitive shall
receive a copy of this policy.
2) Each department participating in the CDL Drug and Alcohol Testing Program shall
ensure that all new employees performing job functions deemed safety -sensitive
hired after the date of this policy being adopted shall receive a copy of this policy and
the educational materials listed below:
a. The identity of the person designated by the employer (DER) to answer driver
questions about the materials;
b. Specific information concerning driver conduct that is prohibited by federal regulation
and this policy;
c. The circumstances under which a driver will be tested for alcohol and/or controlled
substances under federal regulation and this policy, including post -accident testing
under 49 CFR 382.303(d);
d. The procedures that will be used to test for the presence of alcohol and controlled
substances, protect the driver and the integrity of the testing processes, safeguard the
validity of the test results, and ensure that those results are attributed to the correct
driver, including post -accident information, procedures and instructions required by
this policy and 49 CFR 382.303(d);
e. The requirement that a driver submit to alcohol and controlled substances tests
Ordinance No. 20-2171
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administered in accordance with this policy and federal regulations;
f. An explanation of what constitutes a refusal to submit to an alcohol or controlled
substances test and the attendant consequences;
g. The consequences for drivers found to have violated this policy and the federal
regulations, including the requirement that the driver be removed immediately from
safety -sensitive functions, and the procedures that can follow such removal;
h. The consequences for drivers found to have an alcohol concentration of 0.02 or greater
but less than 0.04;
i. Information concerning the effects of alcohol and controlled substances use on an
individual's health, work, and personal life; signs and symptoms of an alcohol or a
controlled substances problem (the driver's or a co -worker's); and available methods
of intervening when an alcohol or a controlled substances problem is suspected,
including confrontation, referral to any employee assistance program and or referral
to management.
3) Each department shall ensure that each driver is required to sign a statement certifying
that he or she has received a copy of these materials described in this section. Each
department shall maintain the original of the signed certificate and may provide a copy
of the certificate to the driver.
J. Supervisory Responsibilities
1) Supervisors are responsible for determining through direct observation whether an
employee is capable of performing his or her assigned duties. Determinations shall be
based on specific, contemporaneous, articulable, reliable observations concerning the
appearance, behavior, speech, or body odor of the employee.
2) Employees who are suspected of being unfit for duty as a result of alcohol or drug use
will be required to undergo reasonable suspicion drug and/or alcohol testing in
accordance with federal regulations and this policy. Supervisors should immediately
bring their observations to the attention of their managers in order that arrangements
for testing can be implemented as soon as practicable.
3) Employees who are suspected of being impaired and unfit for duty may not remain at
the work place. Incidents and behavior described in Section J(1) should be witnessed
and documented immediately. The supervisor's manager should be consulted and
advised of the incident. An employee who is impaired should not be allowed to drive
home from the work place.
4) An employee who has engaged in prohibited behavior as defined in Sections II(C) and
Ordinance No. 20-2171
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(G) and was not allowed to remain at work or was removed from safety -sensitive
duties will not be considered to have a disciplinary suspension. After the employee is
removed from safety -sensitive duties or removed from the workplace, supervisors
and managers should discuss the specifics of the situation with Human Resources to
review appropriate disciplinary action. Each situation will be evaluated on a case -by -
case basis.
K. Management Responsibilities
1) A drug and alcohol free workplace shall be maintained through the efforts and
personal example of management.
2) Subordinate managers and supervisors who fail to perform their duties and
responsibilities as outlined in this policy will be subject to disciplinary action up to and
including termination of employment.
3) Managers and supervisors are encouraged to discuss with employees any behavior or
job performance factors that may indicate the use of drugs, alcohol, or other violations
of this policy and to suggest, when appropriate, that employees seek assistance
through the Employee Assistance Program (EAP).
4) Managers shall direct employees in designated safety -sensitive positions to comply
with the provisions for pre -employment, reasonable suspicion, random, post -accident,
return -to -duty, and follow- up testing in accordance with federal regulations.
5) Supervisors who make reasonable suspicion determinations must receive training on
the physical, behavioral, and performance indicators of probable drug use and alcohol
misuse. Supervisors shall be instructed on the principle of the "reasonable prudent
individual" in reasonable suspicion decisions.
L. Random Pool Database Updating
Each department participating in the City of Longwood Substance Abuse Policy for Commercial
Motor Vehicle Operators agrees to provide to the DER on a quarterly basis, if necessary, any
changes in CDL driving status to the Human Resources Department.
M. Contact Information
The City's Designated Employer Representative (DER) is the Human Resources Director/Risk
Manager or designee. Questions regarding the drug and alcohol testing program and the policies
and procedures required for compliance with federal law and rules shall be directed to the DER,
Risk Management or Human Resources.
Ordinance No. 20-2171
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