O-2009-3129 approving updated Employee Policy Handbook

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The City may perform drug and/or alcohol testing: a) Of any employee who manifests behavior giving probable cause to City officials to believe that the employee is unable to satisfactorily perform his or her job functions due to drug or alcohol induced impairment. b) Of any employee who is directly involved in an accident which results in property damage or personal injury. An employee who is directly involved in an accident is any employee whose order, action, or failure to act gives probable cause to City officials to believe that such order, action or failure to act was the result of drug or alcohol induced impairment. C) Of any employee employed in a position that requires a Commercial Drivers License, public safety, safety sensitive, or security sensitive position on a random basis. Random selection will be performed through an unbiased computer-generated process operated by a third -party contractor. d) Of any employee who is enrolled in or who has completed a City - approved rehabilitation program. The frequency of such rehabilitation testing will not be less than once per month and the length of the testing program for the employee may extend up to sixty (60) months, based on a decision by a SAP (Substance Abuse Professional). The City will conduct random drug and alcohol testing of a designated percentage of all employees employed in public safety, safety -sensitive, and security sensitive positions at a frequency determined by City management. • An employee's consent to submit to drug or alcohol testing for public safety, safety -sensitive and security sensitive positions is required as a condition of continued employment and the employee's refusal to consent may result in disciplinary action, up to and including discharge without benefit of re -hire, or disbarment from the workplace. • An employee who is tested based on the manifestation of behavior giving City officials probable cause to believe the he or she is unable to satisfactorily perform his or her job functions due to drug or alcohol induced impairment may be suspended pending receipt of written test results and whatever inquiries may be required. 4.09 Appeal of a Drug or Alcohol Test Result An employee whose drug or alcohol test is reported positive will be offered the opportunity of a meeting with the Medical Review Officer provided by the City drug and alcohol administration & testing vendor, to offer an explanation. The purpose of the meeting will be to determine if there is any reason that a positive finding could have resulted from some cause other than drug and/or alcohol use. The City will require an MRO (Medical Review Officer) to determine a final decision. 29