O-2009-3129 approving updated Employee Policy Handbook

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4.12 Confidentiality • All information relating to drug or alcohol testing or the identification of persons as users of drugs and/or alcohol will be protected by the City as confidential unless otherwise required by law, overriding public health and safety concerns, or authorized in writing by the persons in question. 4.13 Definitions Alcohol means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. City premises or City facilities means all property of the City including, but not limited to, the offices, facilities and surrounding areas on City -owned or leased property, parking lots, and storage areas. The term also includes City -owned or leased vehicles and equipment wherever located. Contraband means any article, the possession of which on City premises or while on City business, causes an employee / individual to be in violation of a City work rule or law. Contraband includes illegal drugs, drug paraphernalia, alcoholic beverages, firearms, explosives, lethal weapons. Contract emplovee in a designated position means a person who performs public safety, safety -sensitive, and security sensitive duties. Drug testing means the scientific analysis of urine, blood, breath, saliva, hair, tissue, and other specimens of the human body for the purpose of detecting the presence of an illegal drug. Alcohol testing means an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath or saliva specimen. Employee Assistance Program (EAP) means any program provided by the City to assist employees in dealing with personal problems that, among other things, may involve drug abuse and/or alcohol misuse that affect job performance. Illegal drug means any drug which is not legally obtainable; any drug which is legally obtainable but has not been legally obtained; any prescribed drug not legally obtained; any prescribed drug not being used for the prescribed purpose; any over-the-counter drug being used at a dosage level different than recommended by the manufacturer or being used for a purpose other than intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide medical therapy. Examples of illegal drugs include but are not limited to: inhalants (per TML -IRP), cannabis substances, such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs. Intoxication means having a blood alcohol concentration of 0.08 or more; or, not having the normal use of one's mental or physical faculties, resulting from the voluntary introduction into the body of an alcoholic beverage, a controlled substance, a dangerous drug, an abusable glue or aerosol paint or similar substance, the use of which is regulated under the law. Legal drug means any prescribed drug or over -the counter drug, which has been legally obtained, and is being used for the purpose for which prescribed or manufactured. 32