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Home My WebLink AboutRES 910133 - Fitness Duty Policy StatementWIIEREAS, the City Council of the City of Georgetown is interested in maintaining a and efficient workplace, improving improductivity, and to promoting the health and welfare *f citizens, visitors, and employees; VIIIEREAS, the Texas Workmen's Compensation Act requires the adoption of a drug 2buse policy by each employer with 15 or more employees, WIIEREAS, -the Federal Government requires recipieffits of federal grants to comply with the provisions of Drug Free Workplace Act, and WHEREAS, the City Council has found that this action implements Finance Policy 1 of the Century Plan - Policy Plan Element, and is not found to be inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the El'olicy Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, TUAT: RIMI The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. . K"Iffle The attached Exhibit "A", relating to "Fitness For Duty Policy Statement on Drugs ariM Alcohol" is hereby approved by the City Council of the City of Georgetown, Texas. I RIKIMV The City Council has adopted this policy and the Mayor is authorized to sign, and the City Secretary to attest thereto. Drug Use Policy Resolution No. Page 1 of 7 MINN 11 � III III IIII , III pill ! III RESOLVED this - )day of 14, t C1 7 1991. rd"� — ATTEST: I Filizabeth Gray City Secretary APPROVED AS TO FORM: EL Drug Use Policy Resolution No.ILO-15-9 Page 2 of 7 N m�.w By:-W-.11—AS&NNOR-- K�Jk',Mn- Mayor IW411114 It is the intention of this policy to eliminate substance abuse and its effects in the workplace. While the City of Georgetown has no intention • intruding into the • lives of its employees, involvement with drugs and alcohol off the job can take its toll •" job performance and •!' safety. Our •i is to maintain a safe and efficient workplace, improve productivity, and to promote the health and welfare of citizens, visitors, and employees. 2. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential referral assistance from the employee's pefsonal physician, which care is provided under the employee's health coverage. RBMMMFII�� (a) Pre-employment drug/alcohol screen will be performed on any applicant who is being considered for employment before the offer for the job has been made. (b) If a drug screen is •! for any of the substances listed in subsection (g) of this section at the • physical, the applicant must provide within 24 • • • •f fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name or the •• •• not provide acceptable verification, or if the drug is one that is likely to impair the applicant's ability to perform the job duties, and whose employment would cause a direct threat to property or safety, the applicant w ill not •' hired. I 2. Post -employment Drug Use Policy Resolution -No. d Page 3 of 7 (a) The City • Georgetown prohibits employees from using, possessing or being under the influence • drugs • alcohol at work locations, or while at duty or • call unless the employee is required as a part of his job to '• r• drugs or alcohol. Employees are prohibited from the selling or providing of drugs or alcohol to any other employee or to any person while such employee is on duty or on call. (b) While the use • medically prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify his supervisor, before beginning work, when taking medications or drugs which could foreseeably interfere with the safe and effective performance of duties or operation • City equipment can result in discipline, up to and f:•' • In the event there is a • regarding an employee's ability to safely and effectively perform assigned duties while • such medications or drugs, clearance from a qualified physician may be required. (c) Employees will be asked to agree •, a fitness -for - duty evaluation, including a drug/alcohol screening test, based upon a reasonable suspicion. "Reasonable suspicion" is a belief based on objective facts and/or observable on -duty behavior sufficient • lead a reasonable prudent supervisor to • that an employee is under the influence • drugs or alcohol so that the employee's ability to perform the functions of the job is impa red or so that the employee's ability to perform his job safely is reduced. (d) • is a list ♦ possible indicators that an • may be necessary. 1. accidents involving injury and/or property damage 2. slurred speech 3. alcohol odor or breath 4. unsteady walking and movement Drug Use Policy -Resolution -No. 9101-31 Page 4 of'7 5. physical dispute i+. verbal altercation 7. unusual behavior 8. possession •' alcohol or drugs 9. information obtained from a reliable person with personal knowledge that the employee is under the influence of drugs • •1i' (e) Refusal to agree to submit to an alcohol and/or drug analysis when requested by management personnel shall be grounds for discipline up to and including termination. Managers and supervisors will receive on-going training in identifying substance abusers and all employees will participate in substance abuse awareness sessions. (g) The drug/alcohol screening (chemical analysis test) includes detection • the following drug groups: 1. Amphetamin/Methamphetamine (e.g. Speed, Crystal) 2. Benzodiazepines (e.g. Valium, Librium, Oxazepam, Serax, Dalmane, Ativan) 3. Barbiturates (e.g. Amobarbital, Butabarbital, Pentobarbital, Pentobarbital, Secobarbital) 4. Cocaine S. LSD 6. Methadone 7. Methaqualone (e.g. Quaalude) 8. Opiates (e.g. Codeine, Heroin, Morphine, Hydromorphone, Hydrocodone) 9. Phencyclidine (PCP) 10. CannabinoidsfMC (Marijuana) 11. Alcohol 12. Propoxyphene - a mild narcotic (darvon) 1. Any supervisor requesting an employee to submit to a drug/alcohol screening will document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the Drug Use Policy Resolution No. W01 33 Page 5 of 7 2. Supervisor shall receive the approval of the appropriate Division Director or City Manager prior to taking the employee for the drug/alcohol screening. Fs. Supervisor will meet with employee, explain reasons for requesting the druglalcohol screening, then transport employee to the designated lab for testing, within two (2) hours or as soon as 4. Initial tests will be the Inummoassay-First Level Screen (EMrI) and Thin Layer Chromatography (TLC). All positive test results will be confirmed using the Gas Chramatography/Mass, Spectrometry (GQ/MS) test. All testing shall be done in conformance with the procedures set forth in the Drug Free Workplace Act adopted by the Federal Government. 5. If the drug/alcohol screen is positive, the employee must provide within 24 hours of request bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee's name. If the employee does not provide acceptable verification of a valid prescription or if the employee is shown according to the drug/alcohol screen to be taking a greater dose of the drug than allowed by the valid prescription presented by the employee, or if the prescription is not in the employee's name, or if the employee has not previously notified supervisor, the employee will be give the option of entering a rehabilitation treatment program in lieu of disciplinary action which could result in termination. This option will be offered once during employment. If the employee is required to hold a specialized license to perform the duties for his job, then the employee shall be held to a higher standard and subject to stricter disciplinary action, Up to and including termination. The employee, upon return to the workplace shall agree to random testing thereafter (not based upon a reasonable suspicion). Subsequent positive test results shall result in disciplinary action, up to and including possible termination. 6. Laboratory reports or test results shall not appe . ar in an employee's general personnel folder. Information of this nature will be contained in a separate confidential medical folder that will be Drug Use Policy Resolution No Y fie reports or TFRT resT. '3=191. Ell, ILI a strictly need -to -know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when: 1) the information is compelled by law or by judicial or administrative process; 2) the information has been placed at issue in a formal dispute between the employer and employee: 3) the information is to be used in administering an employee benefit plan; 4) the information is needed by medical personnel for the diagnosis of treatment of the patient who is unable to authorize disclosure. Drug Use Policy Resolution No. 1101-43 Page 7 of 7