HomeMy WebLinkAboutO-1990-1708
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ORDINANCE NO. 1708
AN ORDINANCE MAKING FINDINGS OF FACT ON THE EFFECTS OF SUBSTANCE
ABUSE; ADOPTING A DRUG AND ALCOHOL ABUSE POLICY AND PROCEDURES FOR
THE CITY OF LA PORTE; GONTAINING A REPEALING CLAUSE AND A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROV.IDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
makes the following findings of fact:
1. Drug use is having serious adverse effects upon a significant
proportion of the national work force and results in billions of
dollars of lost productivity each year.
2. The City of La Porte, as an employer, is concerned with the
well-being of its employees, the successful accomplishment of
its municipal government missions, and the need to maintain
employee productivity.
3. The City of La Porte, as an employer, can and should show the
way toward achieving a drug-free workplace through a progtam
designed to offer drug users a helping hand and, at the same
time, demonstrating to drug users and potential drug users that
drugs will not be tolerated in the City workplace.
4. The profits from illegal drugs provide the single greatest
source of income for organized crime, fuel violent street crime,
and otherwise contribute to the breakdown of our society;
5. The use of illegal drugs, on or off duty, by City employees is
inconsistent not only with the law-abiding behavior expected of
all citizens, but also with the special trust placed in such
employees as servants of the public.
6. City employees who use illegal drugs, on or off duty, tend to be
less productive, less reliable, and prone to greater absenteeism
than their fellow employees who do not use illegal drugs.
7. The use of illegal drugs, on or off duty, by City employees
impairs the efficiency of City government, undermines public
confidence in City government, and makes it more difficult for
other employees who do not use illegal drugs to perform their
jobs effectively. The use of illegal drugs, on or off duty, by
City employees also can pose a serious health and safety threat
to members of the public and to other City employees.
8. The use of illegal drugs, on or off duty, by City employees in
certain positions evidences less than the complete reliability,
stability, and good judgment that is consistent with access to
sensitive information and the responsibility of City employees
to protect the health and safety of its citizens, and creates
the possibility of coercion, influence, and irresponsible action
under pressure that may pose a serious risk to City security,
the public safety, and the effective enforcement of the law.
9. City employees who use illegal drugs must themselves be
primarily responsible for changing their behavior and, if
necessary, begin the process of rehabilitating themselves.
10. Congress has enacted the Federal Drug Free Workplace Act,
41 U.S.C.A. S611, et. seq., and Drug Free Workplace Requirements
for Federal Grant Recipients, 41 U.S.C.A. S702, et. seq., and
regulations have been promulgated pursuant thereto. The City of
La Porte is a recipient of federal grants, and is subject to the
requirements of the Federal Drug Free Workplace Act, as it
applies to Federal grant recipients. Among the requirements of
said Federal act, is the implementation and publication of a
drug-free awareness program for employees of the City of La
Porte.
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ORDINANCE NO. 1708
Page 2
Section 2. The City Council of the City of La Porte hereby
adopts the "Drug and Alcohol Abuse Policy," and the "Drug and
Alcohol Abuse Program Procedures," in form attached hereto as
Exhibit nA", incorporated by reference herein, and made a part
hereof for all purposes.
Section 3. All ordinances in conflict herewith are hereby
repealed, to the extent of such conflict only. Specifically, and
without limiting the generality of the foregoing, the City of La
Porte Personnel Policy Manual, as amended, as heretofore adopted by
the City Council of the City of La Porte, is hereby amended to
include the "Drug and Alcohol Abuse Policy," and the "Drug and
Alcohol Abuse Program Procedures," as adopted by this Ordinance. In
the event of any conflict between the terms and provisions of the
City of La Porte Personnel policy Manual, as amended, as heretofore
adopted by the City Council of the City of La Porte, and the terms
and provisions of this Ordinance, and the terms and provisions of
the policy and procedures adopted hereby, the terms and provisions
of this Ordinance and the policy and procedures adopted hereby,
shall prevail, to the extent of such conflict.
Section 4. If any provisions, section, exception, subsection,
paragraph, sentence, clause or phrase of this ordinance, or the
terms and provisions of the policy and procedures adopted hereby, or
the application of same to any person or set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such
invalidity shall not affect the validity of the remaining provisions
of this ordinance or their application to other persons or sets of
circumstances and to this end all provisions of this ordinance and
the policy and procedures adopted hereby are declared to be
severable.
Section 5. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
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ORDINANCE NO. 1708
Page 3
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated~ and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 6. This Ordinance shall be effective from and after
its passage and approval.
PASSED AND APPROVED, this 11th day of June, 1990.
CITY OF LA PORTE
BY N!L~~z:1t <:;:;-
ATTEST:
~Ud--
Cherie Black
City Secretary
(Z'c;)
Knox W. Askins
City Attorney
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DRUG AND ALCOHOL ABUSE POLICY
1. POLICY
1.1 The City of LaPorte (the City) has a vital
interest in maintaining a safe, healthful, and
efficient working environment. Being under the
influence of a drug or alcohol on the job poses serious
safety and health risks to the user and to all those
who work with the user. The use, sale, purchase,
transfer, or possession of an illegal drug in the
workplace, and the use, possession, or being under the
influence of alcohol also poses unacceptable risks for
safe, healthful, and efficient operations.
1.2 The City believes it has the right and obligation
to maintain a safe, healthful, and efficient workplace
for all of its employees, and to protect the City's
property, information, equipment, operations and
reputation.
1.3 The City recognizes its obligations to its
citizens for the provision of services that are free of
the influence of illegal drugs and alcohol and will
endeavor through this policy to provide drug- and
alcohol~free services.
1.4 The City further expresses its intent through this
policy to comply with Federal and State rules,
regulations or laws that relate to the maintenance of a
workplace free from illegal drugs and alcohol.
2. PURPOSE
2.1 This policy outlines the goals and objectives of
the City's drug and alcohol testing program and
provides guidance to supervisors and employees
concerning their responsibilities for carrying out the
program.
2.2 Under this policy, contractors who provide
employee services to the City will be required to
provide employees who are free of the influences of
alcohol and drugs.
3. SCOPE
3.1 This policy applies to City council members; all
employees, including part-time and seasonal employees,
in all departments, including the volunteer police and
fire departments; contract employees in designated
positions; and all job applicants.
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4. DEFINITIONS
4.1 Alcohol means any beverage that contains ethyl
alcohol (ethanol), including but not limited to beer,
wine and distilled spirits.
4.2 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.'
4.3 Contraband means any article, the possession of
which on City premises or while on City business,
causes an individual to be in violation of a City work
rule or law. Contraband includes illegal drugs and
alcoholic beverages, and drug paraphernalia.
4.4 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 a drug or alcohol.
4.5 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 are
Cannabis substances, such as marijuana and hashish,
cocaine, heroin, phencyclidine (PCP), and so-called
designer drugs and look-alike drugs.
4.6 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.
4.7 Reasonable belief means a belief based on
objective facts sufficient to lead a prudent person to
conclude that a particular individual is unable to
satisfactorily perform due to drug or alcohol
impairment. Such inability to perform may include, but
is not limited to, decreases in the quality or quantity
of the individual's productivity, judgment, reasoning,
concentration and psychomotor control, and marked
changes in behavior. Accidents, deviations from safe
working practices, and erratic conduct indicative of
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impairment are examples of "reasonable belief"
situations.
4.8 Under the' influence means a condition in which a
person is affected by a drug or alcohol in any
detectable manner. The symptoms of influence are not
confined to those consistent with misbehavior, nor to
obvious impairment of physical or mental ability, such
as slurred speech or difficulty in maintaining balance.
A determination of being under the influence can be
established by a professional opinion, a scientifically
valid test, such as urinalysis or blood analysis, and
in some cases by the opinion of a layperson.
4.9 Contract employee in a designated position means a
person who performs safety-sensitive or security-
sensitive duties or who is hired to perform duties that
are expected to extend beyond ten (10) working days.
Examples of safety-sensitive duties include operation
of motor vehicles, heavy equipment and machinery, and
any duty that involves risk of injury to the employee,
co-workers or the public. Examples of security-
sensitive duties include handling or having access to
money, negotiable instruments, sensitive information
and similar assets that require a high degree of
protection.
5 . EDUCATION
5.1 Supervisors and other management personnel are to
be trained in:
a. detecting the signs and behavior of
individuals who may be using drugs or alcohol in
violation of this policy.
b. intervening in situations that may involve
violations of this policy.
c. recognizing the above activities as a direct
job responsibility.
5.2 Employees and designated contract employees are to
be informed of:
a. the health and safety dangers associated with
drug and alcohol use.
b. the provisions of this policy.
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6. PROHIBITED ACTIVITIES
6.1 Legal Drugs
a. The undisclosed use of any potentially
impairing legal drug by any individual while performing
City business or while on City premises is prohibited.
However, an individual may continue to work, even
though using a potentially impairing legal drug if City
management has determined, after consulting with the
City's health and/or personnel officials, that such use
does not pose a threat to safety and that the using
individual's job performance will not be significantly
affected. Otherwise, the individual may be required to
take leave of absence or comply with other appropriate
action as determined by City management.
b. An individual whose medical therapy requires
the use of a potentially impairing legal drug must
report such use to his or her supervisor prior to the
performance of City business. The supervisor who is so
informed will contact the City's designated personnel
officials for guidance. Many legal drugs, although
prescribed, are not potentially impairing, e.g., birth
control pills.
c. The City at all times reserves the right to
judge the effect that a potentially impairing legal
drug may have upon work performance and to restrict the
using individual's work activity or presence at the
workplace accordingly.
d. It will be the responsibility of any
individual using a potentially impairing legal drug to
inquire of his her physician as to the effect that such
a drug may have upon the individual's ability to
perform, and to report to the individual's supervisor
the use of any legal drug that has been determined by
the individual's physician to be potentially impairing.
6.2 Illegal Drugs and Alcohol
a. The use, sale, purchase, transfer, or
possession of an illegal drug or alcohol by any
individual while on City premises or while performing
City business is prohibited. Provided however, this
does not prohibit consumption of alcohol on City
premises when served under permit.
7. DISCIPLINE
7.1 Any individual who possesses or uses illegal drugs
on City premises or while on City business will be
discharged or disbarred from the workplace.
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7.2 Any individual who distributes, sells, attempts to
sell, attempts to purchase, or transfers illegal drugs
on City premises or while on City business will be
discharged or disbarred from the workplace and a report
made to law enforcement authorities.
'7.3 Any individual who is found to be in possession of
or under the influence of alcohol in violation of this
policy will be subject to discipline up to and
including discharge or disbarment from the workplace.
7.4 Any individual who is found to be in possession of
drug paraphernalia or other contraband items in
violation of this policy will be subject to discipline
up to and including discharge or disbarment from the
workplace.
7.5 Any individual who is found through drug testing
to have in his or her body system a detectable amount
of an illegal drug will be subject to discipline up to
and including discharge or disbarment from the
workplace. An employee who is discharged for having in
his or her body system a detectable amount of an
illegal drug may at the end of one year reapply for
employment and be considered, along with other
applicants, for whatever jobs might be available
consistent with the individual's qualifications. A
former employee so hired will be subject to periodic,
unannounced drug testing, and a confirmed positive test
finding will result in discharge without benefit of re-
hire.
7.6 Any individual who is found through alcohol
testing to have in his or her body system a volume of
alcohol which indicates legal intoxication in
accordance with the standard blood alcohol
concentration (BAC) test as recognized by the State of
Texas criminal law will be subject to discipline up to
and including discharge or disbarment from the
workplace.
7.7 Any individual who is convicted of a drug-related
felony crime, whether committed on or off duty, will be
discharged or disbarred from the workplace.
8. DRUG AND ALCOHOL TESTING OF JOB APPLICANTS
8.1 All applicants for employment will be subject to
drug and alcohol testing.
8.2 An applicant must pass the drug test to be
considered for employment.
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8.3 An applicant will be notified of the City's drug
and alcohol testing policy prior to being tested; will
be informed in writing of his or her right to refuse to
undergo such testing; and will be informed that the
consequence of refusal is termination of the pre-
employment process.
8.4 If an applicant refuses to take a drug or alcohol
test, or if evidence of the use of illegal drugs or
alcohol by an applicant is discovered, either through
testing or other means, the pre-employment process will
be terminated.
9. TESTING OF EMPLOYEES AND CONTRACT EMPLOYEES
9.1 The City will notify employees and designated
contract employees of this policy by providing to each
individual a copy of the policy, announcing the policy
in various written communications, and making
presentations at employee meetings and other suitable
forums.
9.2 The City may perform drug or alcohol testing:
a. Of any individual who manifests "reasonable
belief" behavior.
b. Of any individual who is directly involved in
an accident which results in property damage or
personal injury. An individual who is directly
involved in an accident is any individual whose order,
action, or failure to act is determined to be or cannot
be ruled out as a causative factor ~n the events
leading to or causing the accident.
c. Of any individual 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 maintenance
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 will not extend
beyond two years.
9.3 The City will conduct random drug and alcohol
testing of a designated percentage of the workforce at
a frequency determined by City management.
9.4 An individual's consent to submit to drug or
alcohol testing is, required as a condition of
employment and the individual's refusal to consent may
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result in disciplinary action, including discharge or
disbarment from the workplace, for a first refusal or
any subsequent refusal.
9.5 An individual will be required immediately before
supplying a urine specimen for drug and alcohol testing
to identify all recently ingested medications, foods or
other substances that could affect laboratory analysis
of the supplied specimen.
9.6 An individual who is tested in a "reasonable
belief" situation may be suspended pending receipt of
written tests results and whatever inquiries may be
required.
10. APPEAL OF A DRUG OR ALCOHOL TEST RESULT
10.1 An individual whose drug or alcohol test is
reported positive will be offered the opportunity of a
meeting 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 or alcohol use. The City,
through its health and/or personnel officials, will
judge whether an offered explanation merits further
inquiry.
10.2 An employee whose drug or alcohol test is
confirmed as positive will be offered the opportunity
to obtain and independently test, at the employee's
expense, the remaining portion of the urine specimen
that yielded the positive result.
10.3 During the period of an appeal and any resulting
inquiries, the employment status of an individual may
be suspended. An employee who is suspended pending
appeal will be suspended without pay but will be
permitted to use any available annual leave in order to
remain in an active pay status. If the employee has no
annual .leave or chooses not to use it, the suspension
will be without pay.
10.4 If an employee's appeal is upheld, the employee
will be reinstated with back pay and will be reimbursed
for any independent drug testing costs that may have
been experienced incident to the appeal.
11. EMPLOYEE ASSISTANCE
11.1 Rehabilitative assistance may be granted to an
employee who requests such assistance provided that the
employee:
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a. has not received notification to report for
alcohol or drug testing authorized by this policy, and
b. has not been identified as a violator nor is
under investigation for a violation of this policy, and
c. has agreed to enter and complete the City-
approved rehabilitation maintenance program.
11.2 Rehabilitative assistance may also be granted in
lieu of discharge to an employee who has been found to
be in violation of this policy provided that the:
a. the policy violation does not involve selling
or distributing drugs or serious misconduct related to
drugs, and
b. the employee has agreed to enter and complete
the City-approved rehabilitation maintenance program.
11.2 An employee who has met the qualifications for
rehabilitative assistance will be given the opportunity
to enter into a City-approved one-year rehabilitation
maintenance program. Failure to enter the
rehabilitation maintenance program or to complete the
program according to the prescribed program schedule
are grounds for discharge.
11.3 Participation in the rehabilitation maintenance
program will be during times that will not conflict
with the employee's work time, except that the employee
may use any available sick leave or annual leave to be
absent from the job with pay.
11.4 Assistance given by the City will be:
a. Limited to those medical benefits that may be
available in the employee's medical benefits plan.
b. Limited to rehabilitation programs that have
been pre-approved by the City.
11.5 The City will provide to any employee, upon
request and at no cost to the employee, information
concerning local resources that are available for the
diagnosis and treatment of drug and alcohol related
problems.
12. AMNESTY
12.1 Random drug testing will not be conducted during
a period of forty-five days immediately following the
effective date of this policy. The purpose of an
amnesty is to allow individuals who are using drugs or
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alcohol to discontinue use without fear of detection by
unannounced testing.
12.2 During the amnesty period any employee who seeks
employee assistance related to drug or alcohol use will
be allowed to participate in a City-approved
rehabilitation maintenance program.
12.3 Amnesty will not apply to drug or alcohol testing
of job applicants or to individuals involved in
"reasonable belief" situations.
13. INSPECTIONS AND SEARCHES
13.1 The City may conduct unannounced general
inspections and searches for drugs or alcohol on City
premises or in City vehicles or equipment wherever
located. Individuals are expected to cooperate.
13.2 A search may include the examination of personal
vehicles on City property, lockers, purses, lunch
boxes, clothing and other items in the personal control
of the individual. The searching technique may be
aided by drug detection dogs.
13.3 Search of an individual and his or her personal
property may be made when there is reasonable belief to
conclude that the individual is in violation of this
policy.
13.4 An individual's consent to a search is required
as a condition of employment and the individual's
refusal to consent may result in disciplinary action,
including termination of employment, even for a first
refusal.
13.5 Illegal drugs, drugs believed to be illegal, and
drug paraphernalia found on City property will be
turned over to the appropriate law enforcement agency
and full cooperation given to any subsequent
investigation. Substances which cannot be identified
as an illegal drug by a layman's examination will be
turned over to a forensic laboratory for scientific
analysis.
13.6 Other forms of contraband, such as firearms,
explosives, and lethal weapons, will be subject to
seizure during an inspection or search. An individual
who is found to possess contraband on City property or
while on City business will be subject to discipline up
to and including discharge.
13.7 If an individual is the subject of a drug-related
investigation by the City or by a law enforcement
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agency, the individual may be suspended pending
completion of the investigation.
14. CONFIDENTIALITY
14.1 All information relating to .drug or alcohol
testing or the identification of persons as users of
drugs and 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.
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DRUG AND ALCOHOL ABUSE PROGRAM PROCEDURES
I. Purpose
A. The purpose of these procedures is to implement the
provisions of the City's Drug and Alcohol Abuse Policy.
B. These procedures will assist in the maintenance of a
safe, healthful, and efficient working environment for all
employees.
II. Definitions
A. As used in these procedures:
"Alcohol" means any beverage that contains ethyl alcohol
(ethanol), including but not limited to beer, wine and
distilled spirits.
"Aliquot" means a portion of a specimen used for testing.
"Biological testing" or "chemical testing" or "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 a drug or alcohol.
"Chain of custody" means procedures to account for the
integrity of each urine specimen by tracking its handling
and storage from point of specimen collection to final
disposition of the specimen. These procedures shall require
that an approved chain of custody form be used from time of
collection to receipt by the laboratory and that upon
receipt of the laboratory an appropriate laboratory chain of
custody formes) account for the sample or sample aliquots
within the laboratory. Chain of custody forms shall, at a
minimum, include an entry documenting date and purpose each
time a specimen or aliquot is handled or transferred and
identifying every individual in the chain of custody.
"Collection site" means a place where individuals present
themselves for the purpose of providing body fluid or tissue
samples to be analyzed for specified controlled substances.
A collection site will have all necessary personnel,
materials, equipment, facilities, and supervision to provide
for the collection, security, temporary storage, and
transportation or shipment of the samples to a laboratory.
"Collection site person" means a person who instructs and
assists individuals at a collection site and who receives
and makes an initial examination of the specimens provided
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by those individuals. A collection site person shall have
successfully completed training to carry out this function.
"City premises or City facilities" means all property of
the City, including but not limited to buildings 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. It also
includes premises where the City performs contract services.
"Confirmatory test" means a second analytical procedure to
identify the presence in a urine specimen of a specific drug
or metabolite which is independent of the initial test and
which uses a different technique and chemical principle from
that of the initial test in order to ensure reliability and
accuracy. Gas chromatography/mass spectrometry (GC/MS) is
the only authorized confirmatory test method.
"Contraband" means any article, the possession of which on
City premises or while on City business, causes an
individual to be in violation of a City work rule.
Contraband includes illegal drugs and alcoholic beverages,
and drug paraphernalia.
"Controlled substances" means all substances listed on
Schedules I through V of the Controlled Substances Abuse Act
as those schedules may be revised from time to time.
"Drug" means any substance that is a controlled substance.
"Employee" means an employee, contractor, subcontractor,
agent, officer, or representative of the City.
"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 are Cannabis substances, such as marijuana
and hashish, cocaine, heroin, phencyclidine (PCP), and so-
called designer drugs and look-alike drugs.
"Initial test" or "screening test" or "preliminary test"
means in the context of drug detection an immunoassay screen
to eliminate negative urine specimens from further
consideration. In the context of alcohol detection, these
terms mean an analysis of breath or saliva specimens for the
purpose of eliminating negative specimens from further
consideration.
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"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.
"Medical practitioner" means a licensed physician.
"Medical review officer" means a licensed physician with
knowledge of drug abuse disorders. The MRO has the
knowledge and medical training to interpret and evaluate an
individual's po~itive test result together with his/her
medical history and any other relevant biomedical
information.
"Possession" is meant to also include the presence in the
body system of any detectable amount of drug.
"Random testing" means a testing process in which
selection for testing is made by a method employing
objective, neutral criteria which ensures that every person
subject to testing has a substantially equal statistical
chance of being selected. The method does not permit
subjective factors to playa role in selection, i.e., no
person may be selected as the result of discretion.
"Reasonable belief" means a belief that the actions or
appearance or conduct of a person are indicative of the use
of a controlled substance or alcohol. Such a belief is
based on objective, articulable facts. A reasonable belief
or "for cause" situation is any situation in which an
individual's job performance is in conflict with established
job standards relating to safety and efficiency. The term
includes accidents, near accidents, erratic conduct
suggestive of drug or alcohol use, any unsafe performance
behaviors, and unexplained deviations from productivity.
"Under the influence" means a condition in which a person
is affected by a drug or alcohol in any detectable manner.
The symptoms of influence are not confined to those
consistent with misbehavior, nor to obvious impairment of
physical or mental ability, such as slurred speech or
difficulty in maintaining balance. A determination of being
under the influence can be established by a professional
opinion, a scientifically valid test, such as urinalysis or
blood analysis, and in some cases by the opinion of a
layperson.
"Contract employee in a designated position" means a
person who performs safety-sensitive or security-sensitive
duties or who is hired to perform duties that are expected
to extend beyond ten (10) working days. Examples of safety-
sensitive duties include operation of motor vehicles, heavy
equipment and machinery, and any duty that involves risk of
injury to the employee, co-workers or the public. Examples
of security-sensitive duties include handling or having
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access to money, negotiable instrumnents, sensitive
information and similar assets that require a high degree of
protection.
III. Applicability
A. This policy applies to City council members; all
employees, including part-time and seasonal employees, in
all departments, including the volunteer police and fire
departments; contract employees in designated positions; and
all job applicants.
B. Responsibility for carrying out these procedures rests
with managers and supervisors.
IV. Prohibited Activities
A. Undisclosed Use of a Legal Drug
1. The undisclosed use of a potentially impa~r~ng legal
drug by any individual while performing City business or
while on City premises is prohibited. However, an
individual may continue to work, even though using a legal
drug if City management has determined, after consulting
with appropriate health and/or personnel representatives,
that such use does not pose a threat to safety and that the
using individual's job performance will not be significantly
affected. Otherwise, the individual may be required to take
leave of absence or comply with other appropriate action as
determined by City management.
2. An individual whose medical therapy requires the use of
a potentially impairing legal drug must report such use to
his or her supervisor prior to the performance of City
business. The supervisor who is so informed will contact
the appropriate health and/or personnel representative for
guidance. Many legal drugs, although prescribed, are not
potentially impairing, e.g., birth control pills.
3. The City at all times reserves the right to judge the
effect that a potentially impairing legal drug may have upon
work performance and to restrict the using individual's work
activity or presence at the workplace accordingly.
4. An individual using a potentially impairing legal drug
is required to inquire of his or her physician as to the
effect that such a drug may have upon the individual's
ability to perform, and to report to the individual's
supervisor the use of any legal drug that has been
determined by the individual's physician to be potentially
impairing.
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B. Illegal Drugs and Alcohol
1. The use, sale, purchase, transfer, or possession in any
detectable manner of an illegal drug or alcohol by any
individual while on City premises or while performing City
business is prohibited.
v. Discipline
A. Any individual who possesses, distributes, sells,
attempts to sell, or transfers illegal drugs on City
premises or on City business will be discharged or disbarred
from the workplace.
B. Any individual who shows positive for an illegal drug or.
alcohol in a biological test conducted under the provisions
of these procedures will be subject to discipline up to and
including discharge or disbarment from the workplace.
C. Any employee who is administered for the first time a
biological test that shows positive will be allowed a one-
time opportunity to enter and complete a City-approved
rehabilitation maintenance program. Failure to enter or
complete the program will result in discharge or disbarment
from the workplace.
D. Any individual who shows positive for an illegal drug
after having tested positive for an illegal drug in a
previous test will be discharged or disbarred from the
workplace.
E. Any individual who refuses to undergo a health
evaluation and/or biological testing when requested to do so
by the City will be subject to discipline up to and
including discharge or disbarment from the workplace.
F. Any individual who is found to be in possession of
contraband will be subject to discipline up to and including
discharge or disbarment from the workplace.
G. Any individual who fails to cooperate during an
investigation of a positive test result will be subject to
discipline up to and including discharge or disbarment from
the workplace.
H. Any individual who attempts to substitute or contaminate
his or her specimen to be presented for testing will be
terminated.
I. If an individual is the subject of a drug-related
investigation by the City or by a law enforcement agency,
the individual may be suspended pending completion of the
investigation.
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VI. Biological Testing
A. General
1. Prior to being tested, the applicant or individual to be
tested will be informed in writing of the:
- City's drug and alcohol testing policy;
- The individual's right to refuse to undergo testing;
- Consequences of refusal to undergo testing; and
- Consequences of failure to pass testing.
2. The person to be tested will be asked to acknowledge
receipt and understanding of the notice.
3. No individual may be compelled to provide specimens for
drug or alcohol testing. However, refusal to provide
specimens can result in discipline, up to and including
discharge or disbarment from the workplace for employees or
contractors, and termination of the employment process for
applicants.
4. A failure to cooperate in the drug testing process will
be regarded as a refusal to provide a specimen and may
result in discipline up to and including termination.
5. Any individual who is found through drug testing to have
in his or her body system a detectable amount of an illegal
drug will be subject to discipline up to and including
discharge or disbarment from the workplace.
6. Any applicant who is found through drug testing to have
in his or her body system a detectable amount of an illegal
drug will be dropped from further consideration as a job
candidate.
7. Individuals and applicants who are referred to testing
will be provided instructions for reporting to the
designated site for collection of specimens. The collection
site in most instances will be the collection vendor's
clinic. In some instances, such as in connection with
unannounced random testing, the collection site may be at a
City work location.
8. Individuals who are referred to testing will be given
instructions to be prepared to produce at the collection
site a form of photographic personal identification (such as
a State of Texas driving license), and to name or describe
any medication or potentially cross-reacting food substances
ingested in the previous 30 days.
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9. The specimen collection vendor and/or drug testing
laboratory will be instructed to release test results to
designated City officials and/or agents of the City.
10. All information relating to drug or alcohol testing or
the identification of persons as users of drugs and alcohol
will be protected as confidential unless otherwise reqUired
by law, overriding public health and safety concerns, or
authorized in writing by the person in question.
11. Any person whose drug or alcohol test is reported
positive will be offered the opportunity of a private
meeting to offer an explanation. The principal purpose of
the meeting will be to determine if there is any reason that
a positive finding could have resulted from a cause other
than drug or alcohol use. The City, through its health
and/or personnel officials, will judge whether an offered
explanation merits further inquiry.
12. During the period of an appeal and any resulting
inquiries, the pre-employment process for applicants will be
placed on hold and the employment status of an employee or
designated contractor may be suspended. An employee who is
suspended pending appeal will be permitted to use any
available leave in order to remain in an active pay status.
If the employee has no annual leave or chooses not to use
it, the suspension will be without pay.
13. If an employee's appeal is upheld, the employee will be
reinstated with back pay and will be reimbursed for any
independent drug testing costs that may have been
experienced incident to the appeal.
14. An employee whose drug or alcohol test is reported
positive will be offered the opportunity to obtain and
independently test, at the employee's expense, the remaining
portion of the urine specimen that yielded the positive
result.
15. Records pertaining to,the City's drug testing program
will be maintained by the contract vendor that provides
collection and testing services.
16. The specimen collection vendor will:
- Make a positive identification of each person to be
tested.
- Obtain from the person to be tested a written consent
for drug testing.
- Obtain information pertaining to medications or
possible cross-reacting food substances that were recently
ingested by the person to be tested.
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- Initiate chain of custody documentation for the
collected specimen and forward the specimen to the drug
testing laboratory for analysis.
17. If an applicant attempts to substitute or contaminate
his or her specimen to be tested, the employment process
will be terminated. Discipline up to and including
discharge or disbarment from the workplace will apply to an
individual who attempts to substitute or contaminate his or
her specimen.
18. Each individual required to submit to drug testing
shall, as soon as practicable, provide the required
biological specimens for testing. Failure to meet this
responsibility is an offense subject to discipline up to and
including discharge or disbarment from the workplace.
B. Testing of Job Applicants, Employees and Contract
Employees
1. The City will perform biological testing of job
applicants as part of the routine pre-employment process.
Biological testing will also be made of employees and
designated contract employees:
- In reasonable cause situations.
- In post-accident situations.
When random or periodic testing is determined
appropriate to assure safe operations.
- Upon return of the individual to work following
suspension, layoff or extended leave of absence.
- AnytLme during or following drug or alcohol
rehabilitation.
2. An individual's consent to submit to biological testing
is required as a condition of employment and the
individual's refusal to consent may result in disciplinary
action, including discharge.or disbarment from the
workplace, for a first refusal or any subsequent refusal.
C. Testing of Job Applicants
1. All applicants for employment are subject to drug and
alcohol testing as part of the routine pre-employment
selection process.
2. An applicant who declines to undergo testing or who
declines to cooperate in the administration of testing will
be dropped from consideration as a job candidate.
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3. An applicant who fails the pre-employment drug or
alcohol test will be dropped from consideration as a job
candidate.
4. Prior to collection of a specimen, an applicant will be
notified that the specimen will be tested for the presence
of controlled substances.
D. Reasonable Cause Testing of Individuals
1. A reasonable cause situation is a situation in which a
supervisor is required by the Drug and Alcohol Abuse Policy
to make a decision to ,test an individual whose on-duty
conduct indicates impairment by a drug or alcohol.
2. A supervisor may not make a decision to refer an
individual for testing in a reasonable cause situation
unless the supervisor, in accordance with the Drug and
Alcohol Abuse POlicy, has completed training in:
- Detecting the signs and behavior of persons who may
be using drugs or alcohol in violation of the drug and
alcohol abuse policy;
Intervening in situations that may involve violations
of the policy; and
- Recognizing these activities as a direct job
responsibility.
3. Two supervisors, both of whom are trained in drug and
alcohol use detection and intervention (as required by the
City's policy) shall substantiate and concur in the decision
to test an individual who is reasonably suspected of drug or
alcohol use. This paragraph should not be construed to mean
that both, nor even one, of the two concurring supervisors
must have witnessed the behavior which gives rise to the
reasonable suspicion. The requirement is for two trained
supervisors to evaluate all of the available facts.
4. The decision to proceed with testing will be reported to
a manager for approval. An exception to the manager
approval requirement is granted when the approval cannot be
obtained within the time parameters for testing, as
explained elsewhere in these procedures.
5. A reasonable and articulable belief that the individual
is using a drug or alcohol must be present. The belief must
be supported by specific, contemporaneous physical,
behavioral, or performance indicators of probable drug or
alcohol use.
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6. A supervisor participating in the joint decision to
conduct reasonable cause testing will ensure that the facts
of the situation are:
- Capable of explanation and substantiation;
- Specific, tangible, and contemporaneous; and
- Indicative of probable drug or alcohol use by the
individual.
7. The evidence of probable current drug or alcohol use
could include any of the common indicators of impairment,
e.g., stupor, excitation, slurred speech, staggering gait,
loss of psychomotor control, marked changes in behavior, or
the smell of alcohol.
8. Examples of unacceptable conduct that suggest drug or
alcohol impairment include, but are not limited to:
- Being at fault in an accident;
- Engaging in violent or disruptive behavior;
- Being absent from the job excessively without
explanation;
- Engaging in unexplained erratic behavior;
Making mistakes in judgment or reasoning; and
- Deviating from productivity norms and safe working
practices.
9. Unacceptable conduct can take many forms, but must be
accompanied by indicators of impairment for it to be
considered indicative of drug or alcohol use.
10. The reasonable belief determination will be made and
tests for alcohol and drugs will be conducted as soon as
possible following the conduct which gave rise to the
reasonable belief, and in no case longer than 24 hours for
indicated drug use and no longer than 4 hours for indicated
alcohol use.
11. In testing for alcohol use, the individual will be
administered a preliminary test that is based on the
analysis of saliva or breath specimen. This preliminary
test will be conducted by a contract vendor employee who
must be trained in the administration of preliminary alcohol
tests.
12. If the preliminary test for alcohol is positive, a
blood specimen will be drawn by a contract vendor employee
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who is trained and certified in the collection of blood
specimens.
13. In testing for drug use, a urine specimen will be
collected from the individual.
14. The supervisor(s) involved in the reasonable cause
determination will ensure that the individual is transported
immediately to a collection site for collection of the
necessary breath, saliva, urine or blood specimens.
15. An individual being processed for testing under these
procedures will not be allowed to:
- Operate a motor vehicle to or from the specimen
collection site or from the place of work. Transportation
for the individual will be provided by the City at the
direction of the supervisor involved.
- Engage in any safety sensitive activities unless and
until negative test results have been received.
16. If the individual refuses to comply with the
supervisor's prohibition against operation of a motor
vehicle, the supervisor should call the police to report the
individual as a possibly impaired driver.
17. The supervisor(s) who decides to administer reasonable
cause testing will prepare an after action report that
includes the facts that led to the decision to test, the
steps taken to obtain testing, the names of persons who have
knowledge of the situation, and other related details.
18. The documentation of the individual's conduct will be
prepared and signed by the supervisor(s) within 24 hours of
the observed behavior or before the results of the tests are
released, whichever is earlier.
19. An individual who is tested as the result of
involvement in a reasonable cause situation may be suspended
without pay pending completion of whatever inquiries may be
required.
E. Post-accident Testing of Individuals
1. A post-accident testing situation is any situation in
which an accident has resulted in a clear cut violation of a
safety procedure, property damage or personal injury
requiring professional medical treatment beyond first aid.
2. The individuals to be tested in a post-accident
situation include any individual directly involved in the
accident whose order, action, or failure to act is
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determined to be or cannot be ruled out as a causative
factor in the events leading to or causing the accident.
3. The supervisor having functional responsibility for
investigation of the accident shall make a timely, good
faith determination as to whether the accident meets the
requirements of these procedures, and if so, to take all
practicable steps to have each directly involved individual
tested for evidence of drug and alcohol use.
4. As soon as practicable following the accident, the
supervisor will make arrangements for the directly involved
individuals to provide specimens.
5. The timeframe for obtaining specimens related to drug
impairment is 24 hours, and for alcohol impairment, 4 hours.
6. An individual who because of injury cannot provide a
specimen at the time of the accident will provide the
necessary authorization for obtaining hospital reports and
other documents that would indicate involvement of drugs and
alcohol.
7. An individual being processed for testing under these
procedures will not be allowed to:
- Operate a motor vehicle to or from the specimen
collection site or from the place of work. Transportation
for the individual will be provided by the City at the
direction of the supervisor involved.
- Engage in any safety sensitive activities unless and
until negative test results have been received.
8. If the individual refuses to comply with the
supervisor's prohibition against operation of a motor
vehicle, the supervisor should call the police to report the
individual as a possibly impaired driver.
9. The supervisor having responsibility for investigating
the accident will prepare an after action report that
includes the facts that led to the identification of the
directly involved individuals, the steps taken to obtain
testing, the names of persons who have knowledge of the
situation, and other related details.
E. Random (Unannounced) Testing of Individuals
1. Random testing is the unannounced testing of a
percentage of individuals who have been selected for testing
randomly, such as by an unbiased computer-generated
technique.
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2. Random testing will be conducted at a frequency
determined by the City with no advance notice as to the date
of testing, or the individuals selected for testing. At a
minimum, random testing will be conducted once per month
with at least 4 percent of the workforce tested each time.
3. The contract vendor that provides collection services
will perform the random selection process in a manner that
rules out any discretionary action by the City. The
identification of individuals for random testing will be
made on the basis of identifying numbers, such as social
security numbers. The selection process will not include
individual names.
4. An individual selected for random testing will be
instructed to report to the specimen collection site without
delay.
5. Failure to appear promptly at the collection site will
subject the individual to discipline. An exception to
discipline will be granted only when the individual presents
a valid reason in writing that is supported by a written
report of the individual's supervisor.
VII. Collection and Analysis
A. Specimen Collection
1. Any collection site designated for use in the City's
drug testing program shall have all necessary personnel,
materials, equipment, facilities, and supervision to provide
for the collection, security, temporary storage, and
shipping or transportation of specimens to a certified drug
testing laboratory.
2. Procedures shall provide for the designated collection
site to be secure. If a collection site facility is
dedicated solely to urine collection, it shall be secure at
all times, If a facility cannot be dedicated solely to drug
testing, the portion of the facility used for testing shall
be secured during drug ~esting.
3. Chain of custody standardized forms shall be properly
executed by the authorized collection site personnel upon
receipt of specimens. Handling and transportation of urine
specimens from one authorized individual or place to another
shall always be accomplished through chain of custody
procedures. Every effort shall be made to minimize the
number of persons handling specimens.
4. No unauthorized personnel shall be permitted in any part
of the designated collection site when urine specimens are
collected or stored.
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s. Precautions shall be taken to ensure that a urine
specimen not be adulterated or diluted during the collection
procedure and that information on the urine bottle and in
the records can identify the individual from whom the
specimen was collected. The following minimum precautions
shall be taken to ensure that unadulterated specimens are
obtained and correctly identified:
- To deter the dilution of specimens at the collection
site, toilet bluing agents shall be placed in toilet tanks
wherever possible, so the reservoir of water in the toilet
bowl remains blue. There shall be no other source of water
(e.g., no shower or sink) in the enclosure where urination
occurs.
- When an individual arrives at the collection site,
the collection site person shall request the individual to
present photo identification. If the individual does not
have proper photo identification, the collection site person
shall contact the supervisor of the individual, the
coordinator of the drug testing program, or any other City
official who can positively identify the individual. If the
individual's identity cannot be established, the collection
site person shall not proceed with the collection.
- If the individual fails to arrive at the assigned
time, the collection site person shall contact the
appropriate authority to obtain guidance on the action to be
taken.
- The collection site person shall ask the individual
to remove any unnecessary outer garments such as a coat or
jacket that might conceal items or substances that could be
used to tamper with or adulterate the individual's urine
specimen. The collection site person shall ensure that all
personal belongings such as a purse or briefcase remain with
the outer garments. The individual may retain his or her
wallet.
- The individual shall be instructed to wash and dry
his or her hands prior to urination.
After washing hands, the individual shall remain in
the presence of the collection site person and shall not
have access to any water fountain, faucet, soap dispenser,
cleaning agent or any other materials which could be used to
adulterate the specimen.
- The collection site person shall make written note of
any unusual behavior or appearance.
- Upon receiving the specimen from the individual, the
collection site person shall determine that it contained at
least 60 milliliters of urine. If there is less than 60
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milliliters of urine in the container, the specimen will be
discarded. The individual may be given a reasonable amount
of liquid to drink (e.g., a glass of water) and will be
asked to make a second attempt when ready. If the
individual fails for any reason to provide 60 milliliters of
urine, the collection site person shall contact the
appropriate authority to obtain guidance on the action to be
taken.
After the specimen has been provided and submitted to
the collection site person, the individual shall be allowed
to wash his or her hands.
- Immediately after the specimen is collected, the
collection site person shall measure the temperature of the
specimen. The temperature measuring device used must
accurately reflect the temperature of the specimen and not
contaminate the specimen. The time from urination to
temperature measurement is critical and in no case shall
exceed 4 minutes.
If the temperature of a specimen is outside the range
of 32.5 to 37.7 degrees Centigrade or 90.5 to 99.8 degrees
Fahrenheit, that is reason to believe that the individual
may have altered or substituted the specimen. An individual
may volunteer to have his or her oral temperature taken to
provide evidence to counter the reason to believe the
individual may have altered or substituted the specimen
caused by the specimen's temperature falling outside the
prescribed range.
- Immediately after the specimen is collected, the
collection site person shall also inspect the specimen to
determine its color and look for any signs of contaminants.
- Specimens suspected of being adulterated shall be
forwarded to the laboratory for testing.
- Whenever there is reason to believe that a particular
individual may alter or substitute the specimen to be
provided, a second specimen shall be obtained as soon as
possible under the direct observation of a same gender
collection site person.
- Both the individual being tested and the collection
site person shall keep the specimen in view at all times
prior to its being sealed and labeled. The collection site
person and individual shall be present at the same time
during the collection procedures.
- The collection site person shall place securely on
the bottle an identification label which contains the date,
the individual's specimen number, and any other identifying
information.
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- The individual shall initial the identification label
on the specimen bottle for the purpose of certifying that it
is the specimen collected from him or her.
- The collection site person shall record all
information identifying the specimen.
- The collection site person shall complete the chain
of custody form.
- The urine specimen and chain of custody should now be
packaged for shipment. If the specimen is not immediately
packaged for shipment, it shall be appropriately
safeguarded.
- While any part of the above chain of custody
procedures is being performed, it is essential that the
urine specimen and custody documents be under the control of
the involved collection site person. If the involved
collection site person leaves his or her work station
momentarily, the specimen and custody form shall be taken
with him or her or shall be secured. After the collection
site person returns to the work station, the custody process
will continue. If the collection site person is leaving for
an extended period of time, the specimen shall be packaged
for mailing before he or she leaves the site.
6. To the maximum extent possible, collection site
personnel shall keep the individual's specimen bottle within
sight both before and after the individual has urinated.
7. After the specimen is collected, it shall be properly
sealed and labeled.
8. An approved chain of custody form shall be used for
maintaining control and accountability of each spec~en from
the point of collection to final disposition of the
specimen. The date and purpose shall be documented on an
approved chain of custody form each time 'a spec~en is
handled or transferred and every individual in the chain
shall be identified. Every effort shall be made to minimize
the number of persons handling specimens.
B. Transportation to Laboratory
1. Collection site personnel shall arrange to ship the
collected specimens to the drug testing laboratory.
2. The specimens shall be placed in containers designed to
minimize the possibility of damage during shipment, for
example, specimen boxes or padded mailers; and those
containers shall be sealed to eliminate the possibility of
undetected tampering. On the tape sealing the container,
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the collection site supervisor shall sign and enter the date
spec~ens were sealed in the containers for shipment.
3. The collection site personnel shall ensure that the
chain of custody documentation is attached to each container
sealed for shipment to the drug testing laboratory.
4. Blood spec~ens must be shipped in a cooled condition by
any means adequate to ensure delivery within 24 hours of
receipt by the carrier. Urine spec~ens must be shipped by
an expeditious means, but need not be shipped in a cooled
condition for overnight delivery.
C. Analysis at the Laboratory
1. The laboratory shall test for the following major drug
classes:
- Cannabinoids (marijuana)
- Cocaine
- Opiates
- Phencyclidine (PCP)
- Amphetamines
- Barbiturates
- Methaqualone
- Methadone
- Benzodiazepines
- Propoxyphene
2. In exam1n1ng specimens for the presence of the
designated drug classes, the laboratory shall use cutoff
levels that conform to recommendations of the testing
systems manufacturers and/or standards of the National
Institute on Drug Abuse (NIDA).
3. The initial test shall use an enzyme immunoassay, such
as the enzyme multiplied immunoassay technique (EMIT).
4. All specimens identified as negative in the initial test
will be not further tested and will be reported by the
laboratory as negative.
5. All specimens identified as positive on the initial test
shall be confirmed using gas chromatography/mass
spectrometry (GC/MS) techniques.
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6. Any specimen identified as negative in the confirmatory
test will be reported by the laboratory as negative.
7. Only those specimens that have been confirmed as
positive will be reported by the laboratory as positive.
8. Any observation or finding from urinalysis that is
unrelated to the detection of drugs will not be recorded or
reported by the laboratory.
D. Reporting Results
1. The laboratory will report drug test results to the
contract vendor. The contract vendor will refer each
positive test result to the contract vendor's Medical Review
Officer (MRO) for the purpose of determining if an alternate
medical explanation exists for the positive finding.
2. The contract vendor shall report to the
test results within an average of 5 working
receipt of the specimen by the laboratory.
results may require 10 working days.
City negative
days after
Positive test
3. The contract vendor shall report to the City as negative
all specimens which are negative on the initial test or
negative on the confirmatory test. Only specimens confirmed
positive shall be reported positive for a specific drug.
E. Long-Term Storage
1. Unless otherwise authorized in writing by the City, the
drug testing laboratory shall retain and place in properly
secured long-term frozen storage for a minimum of 1 year all
specimens confirmed positive.
2. Within this I-year period the City may request the
laboratory to retain the specimen for an additional period
of time, but if no such request is received the laboratory
may discard the specimen after the end of 1 year, except
that the laboratory shall be required to maintain any
specimens under legal challenge for an indefinite period.
F. Retesting Specimens
1. Because some analytes deteriorate or are lost during
freezing and/or storage, quantitation for a retest is not
subject to a specific cutoff requirement but must provide
data sufficient to confirm the presence of the drug or
metabolite.
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G. Laboratory Facilities
1. Laboratory facilities shall comply with applicable
provisions of any state licensure requirements and shall
have the capability, at the same laboratory premises, of
performing initial and confirmatory tests.
VIII. Recordkeeping
A. The contract vendor will maintain records of test
results on behalf of the City and will ensure that all
records related to the administration and results of the
drug testing program are maintained for a minimum period of
5 years except that individual negative test results will be
maintained for a minimum of 12 months.
B. The contract vendor will retain information that will
indicate only the following:
- That the individual submitted to a testing.
- The date and location of such testing.
- The identity of the drug testing laboratory which
performed the testing.
- Whether the test findings were "positive" or
"negative. "
C. The contract vendor will produce upon demand and will
permit the City to examine all records related to the
administration and results of testing performed.
D. The contract vendor will maintain on behalf of the City
an annual (calendar year) summary of the records related to
the administration and results of the testing program. This
summary will include, at a minimum:
- The total number of tests administered;
- The number of tests administered in each category
(i.e., pre-employment, reasonable cause, post-accident,
random, return to work, and rehabilitation); .
test;
- The total number of individuals who did not pass a
- The total number of individuals who did not pass a
test by testing category;
- The disposition of each individual who did not pass a
test;
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- The number of tests performed by a laboratory that
indicated evidence of a prohibited controlled substance or
metabolite in the screening test in a sufficient quantity to
warrant a confirmatory test;
- The number of tests performed by a laboratory that
indicated evidence of a prohibited controlled substance or
metabolite in the confirmatory test in a sufficient quantity
to be reported as a "positive" finding; and
- The number of controlled substances tests that were
performed by a laboratory that indicated evidence of a
prohibited controlled substance or metabolite in the
confirmatory test in a sufficient quantity to be reported as
a "positive" finding by substance category (e.g., marijuana,
cocaine, opium, PCP, or amphetamine).
IX. Confidentiality
A. The contract vendor will ensure that no person will
obtain individual test results retained by the contract
vendor and will not release individual test results of any
individual to any person, without first obtaining written
authorization from the tested individual. Nothing in this
paragraph will prohibit the contract vendor from releasing
individual test results and related information to the City.
B. This section does not release an individual from the
requirement to notify the City of therapeutic dr~g use.
X. Medical Review of Positive Test Results
1. An essential part of the drug testing program will be a
medical review of positive test results. A positive test
result will not automatically identify an
individual/applicant as having used drugs or alcohol. An
individual with a detailed knowledge of possible alternate
medical explanations is essential to the review of positive
test results.
2. The contract vendor shall retain a licensed physician to
serve as a medical review officer (MRO) for the provision of
MRO services as part of the City's drug testing program.
3. The MRO will have knowledge of substance abuse disorders
and will evaluate and interpret each positive test result
for determining the possible existence of an alternate
medical explanation. In carrying out this function, the MRO
may conduct a medical interview with the individual, review
the individual's medical history, or review any other
relevant biomedical factors. The MRO will review all
medical records made available by the tested individual when
a confirmed positive test could have resulted from legally
prescribed medication.
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4. Before the MRO verifies a confirmed positive result for
opiates, he or she shall determine that there is clinical
evidence - in addition to the urine test - of illegal use of
any opium, opiate or opium derivative (e.g.,
morphine/codeine). However, this requirement will not apply
if the GC/MS confirmation testing for opiates confirms the
presence of 6-monoacetylmorphine.
5. Should any question arise as to the accuracy or validity
of a positive test result, the MRO will order a reanalysis
of the original specimen.
6. If the MRO determines there is a legitimate medical
explanation for the positive test result, the contract
vendor will report the test result to the City as negative.
7. Prior to making a final decision to verify a positive
test result, the MRO will offer the individual an
opportunity to discuss the test result either telephonically
or in person. Following verification of a positive test
result by the MRO, the contract vendor will report the
result to the City.
8. Any individual who has tested positive will have
available as an affirmative defense, to be proven by the
individual through clear and convincing evidence, that
his/her use of alcohol or a drug (except for methadone) was
prescribed by a licensed medical practitioner who is
familiar with the individual's medical history and assigned
duties.
9. If the individual is desirous of a second opinion, he or
she may request a retest by an alternate laboratory,
acceptable to the City, of the same specimen at the
individual's expense.
XI. Employee Assistance Program (EAP)
A. Education and Training
1. The City will:
- Provide education for employees which addresses the
safety and health risks assQciated with drug and alcohol
use;
- Provide training for managers and supervisors which
addresses the City's intervention tactics for controlling
drug and alcohol use in the workplace;
- Document the education and training given to
employees, managers and supervisors.
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B. Referral and Treatment
1. Employees who have demonstrated unacceptable job
performance/conduct which may relate to drug or alcohol use
may, in lieu of discharge, be referred to an external EAP
contractor for diagnosis, counseling, or treatment.
Depending on the diagnosis, an employee may be further
referred by the EAP contractor to a City-approved
rehabilitation program.
2. Employees who have been identified through drug testing
as users of drugs or alcohol may, in lieu of discharge, be
provided a one-time opportunity for rehabilitation.
C. Rehabilitation
1. An approved rehabilitation program will be one that:
- Requires total abstinence from illegal drugs or
alcohol for a period of not less than 12 months.
- Includes frequent, unannounced biological testing to
determine adherence to the total abstinence requirement.
- Provides services on an outpatient basis in a manner
that will allow the employee to maintain a normal work
schedule.
D. Medical Insurance Benefits
1. An employee referred to diagnosis, counseling,
treatment, or rehabilitation may utilize the City's medical
insurance benefits to the extent that such benefits provide
coverage for the services obtained.
After returning to work, employees who test positive must
continue in an after-care program and be subject to follow-
up testing for not longer than 60 months following return to
work.
XII. Inspections and Searches
A. The City may conduct unannounced general inspections and
searches for drugs or alcohol on City premises or in City
vehicles or equipment wherever located. Individuals are
expected to cooperate.
B. A search may include the examination of personal
vehicles on City property, lockers, purses, lunch boxes,
clothing and other items in the personal control of the
individual. The searching technique may be aided by drug
detection dogs.
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C. Search of an individual and his or her personal property
may be made when there is reasonable cause to believe that
the individual is in violation of the City's Drug and
Alcohol Abuse Policy.
D. An individual's consent to a search is required as a
condition of employment and the individual's refusal to
consent may result in disciplinary action, including
discharge or disbarment from the workplace, even for a first
refusal.
E. Illegal drugs, drugs believed to be illegal, and drug
paraphernalia found on City property will be turned over to
the appropriate law enforcement agency and full cooperation
given to any subsequent investigation. Substances which
cannot be identified as an illegal drug by a layman's
examination will be turned over to a drug testing vendor for
scientific analysis.
F. Other forms of contraband, such as firearms, explosives,
and lethal weapons, will be subject to seizure during an
inspection or search. An individual who is found to possess
contraband on City property or while on City business will
be subject to discipline up to and including discharge or
disbarment from the workplace.
G. Searches will be conducted as follows:
1. A search team will be designated in advance. A team
will consist of two or three persons who may be a senior
person at the facility or location where the search is to be
conducted, a representative of the security or human
relations department, or a contract searcher.
2. A contract searcher is a professional security person
hired to conduct the search. The contract searcher mayor
may not utilize trained search dogs. When a contract
searcher is used, the other team members will participate as
observers and intervene as necessary to deal with problems.
3. In advance of the search, the team will develop a plan
that takes into account such details as when and where to
start, how to announce the search, how to close off the
area(s) where the search will be conducted, what work
operations will be suspended, and how to handle confiscated
materials.
4. On the day of the search and when the team is ready to
begin, a senior person at the facility will assemble the
affected persons into a convenient area where they will be
told that a search is to be conducted. The affected persons
will receive instructions that highlight the City's policy
regarding searches. An individual's right to withhold
consent to a search, and the City's right to immediately
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remove such non-consenters from the premises, will also be
highlighted.
5. Each person who agrees to the search will be asked to
signify consent by signing a written form prepared for this
purpose. Implicit in the consent is agreement by the
individual to facilitate access to the interior of the
individual's personal vehicle, locker, purse, lunch box,
packages or other areas or containers.
6. After the consent is obtained, the actual searching will
begin. The searchers will focus on three places of
interest: (1) the person, (2) the person's work station, and
(3) the person's private vehicle, if it is on the premises
at the time the search is announced.
7. The search of the person will be done in a private
place. The individual will be asked to remove everything
from pockets, purse, billfold, etc. When these have been
checked, the person will be asked to raise trouser legs and
roll down socks. Under no circumstances, will there be any
touching of the person's body. If a female is to be
searched, it will be mandatory to have a female conduct the
search, and vice versa.
8. After the personal search is finished, the work station
and private vehicle can be searched.
9. The searchers will:
- Act courteously and not subject anyone to accusations
or defamatory remarks before, during or after the search.
- Avoid any form of touching.
- Keep a written record of who was searched.
- Document in detail every incident that may lead to
disciplinary action. This includes discovery of prohibited
items, refusal to participate, suspicious actions, and
disturbances.
- Photograph the prohibited items discovered. Mark the
photographs as to what they show and make them a part of a
written report.
- Place prohibited items in containers that are labeled
or tagged so as to identify where they were found and by
whom.
10. A written report of the search and its findings will be
prepared. The report will at least contain:
- Date, time, and place of search.
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- Names of persons found to possess or own prohibited
items, specific descriptions, and places where found.
- Descriptions of incidents pertaining to search
refusals, disturbances, and suspicious actions.
- Photographs of materials seized.
- Names of searchers.
11. A search limited to one or a few persons need not wait
for a full-scale unannounced search to be scheduled.
Conversely, an unannounced search of all or a group of
individuals will not be used as the reason for searching one
or a few persons whose conduct indicates use or possession
of prohibited items.
H. Any type or form of search not explicitly described in
these procedures is prohibited.
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NOTICE OF LEGAL DRUG USE
In accordance with the City's Drug and Alcohol Abuse Policy,
please be advised that I am currently taking and possessing
at work the following prescription drug which has been
prescribed for a valid medical purpose:
Name of drug:
Prescription number:
Prescription date:
Prescribing physician's name:
Prescribing physician's phone number:
This drug produces the following side effects:
[] Dizziness
[] Drowsiness
[] Nausea
Other:
My use of this drug is:
[ ]
[ ]
temporary and is expected to end on or about
indefinite
[] permanent
I hereby give my consent for the above named prescribing
physician to answer questions about my use of this drug.
(Individual Name)
(Individual Signature)
(Date)
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GENERAL CONSENT TO DRUG TESTING;
I have read and I understand the City's drug testing policy.
I understand that my employer reserves the right to conduct
drug tests, such as tests that analyze urine, and that a
positive finding of such a test may subject me to
disciplinary action, up to and including discharge or
disbarment from the workplace.
I understand that I cannot be compelled to give a specimen
of my urine for the purpose of determining the presence of
drugs in my body system. I also understand that if I refuse
to provide such a specimen or fail to cooperate with such
tests, I may be subject to disciplinary action, up to and
including discharge or disbarment from the workplace.
I hereby agree to provide urine specimens when requested to
do so by the City, and further authorize the testing agency
to disclose to my employer the results of tests made of my
urine specimens.
I acknowledge that, if I continue to work for the City and
accept the benefits of that employment, the City will
construe my continued employment as my consent to the terms
of the City's drug and alcohol abuse policy and my agreement
to have that policy become part of the terms and conditions
of my continued employment. I understand that if I do not
wish to be subject to the drug and alcohol abuse policy, I
can resign my employment.
(Signature of witness)
(Signature of individual)
(Date)
(Printed name of individual)
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CONSENT TO PRE-EMPLOYMENT DRUG TEST;
I understand it is the policy of the City to conduct urine
tests of job applicants for the purpose of detecting drug
abuse. I further understand that one of the requirements
for consideration of employment with the City is the
satisfactory passing of the City's urine drug test.
I agree to take a urine test as part of the regular pre-
employment screening conducted by the City and understand
that a favorable test result does not necessarily guarantee
that I will be employed by the City.
If I am accepted for employment, I agree to take urine tests
whenever requested by the City, and I understand that the
taking of said tests is a condition of my continued
employment.
I also give consent to the drug testing agency to release to
the City the results of any drug tests made of my urine
specimens so that I may qualify for employment.
At this time I hereby consent to a drug test.
Signed:
Print Name:
Date:
Witness:
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EMPLOYEE'S CONSENT TO DRUG TEST;
I have read and I understand my employer's policy regarding
drug abuse. I understand that it is the practice of my
employer to conduct drug tests for the purpose of carrying
out the policy.
I understand that I cannot be compelled to give a specimen
of my urine. I understand that if I give a urine specimen
it will be tested for drugs. I understand that the giving
of a urine specimen, when requested by my employer, is a
condition of my continued employment.
I understand that if a test of my urine reveals an
unexplained presence of a drug, my employer may take
disciplinary action against me, up to and including
termination of my employment.
I authorize the officers, employees and agents of the drug
testing agency and my employer to communicate among
themselves for official purposes my drug test results both
orally and in writing, and to communicate such tests results
at any judicial or administrative proceeding. I also
authorize the officers, employees and agents of the drug
testing agency and my employer to have continued access to
my urine specimen for the purpose of any further analysis or
study that may be necessary.
At this time I hereby agree to give a urine specimen.
Signed:
Printed Name:
Date:
Witness:
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TEST CONSENT FOR NON-EMPLOYEES;
PART I. NOTICE TO SPECIMEN DONOR
City policy states that employees, contractors,
subcontractors, vendors, and other non-employees working on
City premises may be asked in certain situations to provide
urine or blood specimens for drug testing purposes. At this
time you are being asked to provide a urine or blood
specimen relating to the situation checked below:
[] Accident
[] Random
[] Other
PART II. ACKNOWLEDGMENT AND CONSENT OF SPECIMEN DONOR
[] Cause Based on Reasonable Belief
[] Return to Employment
In the past 30 days, I have taken medications that treat:
Pain
[ ]
[ ]
,[]
[ ]
[ ]
[] Muscle spasms
[] Allergies
[] Nervousness
Nausea, vomiting, diarrhea
[] Asthma, wheezing
Coughing, sneezing, congestion
[] Heart problems
Weight problems
Other
[] Sleeping problems
[] Depression
My employment status is: [] Contractor [] Subcontractor
[ ] Vendor
[] Other
I am employed by
I understand the City is now asking me to provide a specimen
of my urine or blood for drug testing. I hereby agree and
also authorize the specimen collecting and testing agencies
to furnish the results of the test to the City and to my
employer.
(Signature of Specimen Donor)
(Signature of Witness)
(Printed Name of Donor)
(Date)
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CONSENT TO UNANNOUNCED TEST;
I have read and I understand the City's policy regarding
drug abuse.
I understand that the purpose of the policy is to provide a
safe working environment for myself and fellow employees.
I understand that the City may periodically conduct
unannounced urine tests; that I may be asked to provide a
specimen of my urine; and that if I give a specimen it will
be analyzed for the presence of drugs.
I understand that if a urine test reveals an unexplained
presence of a drug in my body system the City may take
disciplinary action against me, up to and including
termination of employment, even for a first offense. .
I understand that if I am asked to provide a urine specimen
I am not compelled to do so. However, I also understand
that the ,giving of a urine specimen when requested by the
City is a condition of my continued employment and that I
may be terminated for a failure to do so.
I acknowledge that the City is at this time asking me to
provide 'a specimen of my urine so that it may be analyzed
for the presence of drugs. I hereby agree to give the
specimen and consent to testing of it.
Signed:
Printed Name:
Date:
Witness:
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TEST CONSENT IN
REASONABLE CAUSE AND POST-ACCIDENT SITUATIONS
The City's drug abuse policy provides that an employee may
be required to submit to a urine drug and/or blood plasma
test (1) when the employee's performance or behavior on the
job would cause a reasonable person to believe that the
employee is under the influence of a chemical substance,
such as drugs or alcohol, or (2) when an employee has been
directly involved in an accident resulting in property
damage or personal injury.
Reasonable cause has been shown to believe that you may be
under the influence of a chemical substance, or that you
have been directly involved in an accident resulting in
property damage or personal injury.
EMPLOYEE:
I am aware of the City's drug abuse policy referred to
above. I understand that I cannot be cpmpelled to submit to
a urine 'or blood plasma test, but that if I refuse I may be.
subject to disciplinary action, including discharge or
disbarment from the workplace. I understand that if the
results of such tests reveal an unexplained presence of a
chemical substance in my body I may be subject to
disciplinary action, including discharge or disbarment from
the workplace.
I hereby consent to a urine and/or blood plasma test, and I
give consent to the City and its agents, including the
collecting and testing agencies, to disclose and discuss the
results of such tests as they relate to me. I further agree
to hold the City and its agents harmless from any and all
liability in connection with such tests.
To assist in the analysis of my urine and/or blood, please
be informed that I have used on the dates indicated the
following named chemical substances, legal or illegal drugs,
prescription or non-prescription medicines, synthetic or
look-alike drugs, or alcohol.
NAME OF. SUBSTANCE TAKEN:
DATE LAST USED:
(Date)
(Signature of Employee)
(Signature of Witness)
(Printed Name of Employee)
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TEST CONSENT IN RETURN TO DUTY SITUATION;
City policy provides that an employee suspended for having
in his or her body system an unexplained presence of a
prohibited substance, such as drugs or alcohol, may be
required as a condition of reinstatement to enter the City-
approved rehabilitation maintenance program.
An element of the prQgram may require the suspended employee
to undergo, cooperate with, and successfully complete an
approved course of therapy as a condition of reinstatement.
Further, if reinstated, the employee may be required to
remain enrolled in the program for the purpose of receiving
followup, reinforcing, or maintenance therapy.
If you are reinstated, you will be expected to remain free
of those substances prohibited by the City's drug abuse
policy, and you may from time to time be asked on an
unannounced basis to provide specimens of your urine and/or
blood plasma for laboratory analysis. If you refuse to
provide such specimens when requested to do so or if such
specimens reveal an unexplained presence of the prohibited
substances, you may be subject to disciplinary action,
including discharge or disbarment from the workplace.
RESPONSE:
I have read and understand the prov1s10ns regarding
reinstatement following a violation of the City's policy on
drug abuse. I agree to comply with those provisions.
I specifically consent at this time to give a specimen of my
urine and/or blood plasma for drug testing purposes. I also
give consent to the City and its agents, including the
collecting and testing agencies, to disclose and discuss the
results of such testing. I further agree to hold the City
and, its agents harmless from any and all liability in
connection with such testing.
(Date)
(Signature of Consenting Person)
(Signature of Witness)
(Printed Name of Consenter)
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CONSENT TO RELEASE TEST RESULTS;
I authorize the officers, employees and agents of the drug
testing laboratory, specimen collecting agency, and my
employer to communicate among themselves for official
purposes my drug test results both orally and in writing,
and to communicate such tests results at any judicial or
administrative proceeding. I also authorize the ofticers,
employees and agents of the drug testing laboratory,
specimen collecting agency, and my employer to have
continued access to my urine specimen for the purpose of any
further analyses or studies that may be necessary.
(Date)
(Signature of Consenting Person)
(Signature of Witness)
(Printed Name of Consenter)
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DISCLOSURE OF MEDICATION AND INGESTED SUBSTANCES;
I understand that the drug test results pertaining to the
analysis of a urine specimen I am about to voluntarily give
can be affected by prescription medication, non-prescription
medication, and some chemical and food substances such as
poppy seeds.
I now wish to take this opportunity to identify any
substances that could affect the proper analysis of my urine
specimen.
In the past 30 days, I have taken the following named
prescription or non-prescription medications:
The above medications were taken in order to treat:
[] Pain [] Muscle spasms [] Allergies [] Nervousness
[] Nausea, vomiting, diarrhea [] Asthma, wheezing
[] Coughing, sneezing, congestion [] Heart problems
[] Weight problems [] Sleeping problems [] Depression
[] Other
In the past 5 days, I have ingested the following chemical
or food substances:
At this time I am not aware of any medications or other
substances that may be in my body system which would affect
the drug test I am about to take.
(Date)
(Signature)
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WAIVER;
Place:
Date:
I voluntarily agree to provide a specimen of my urine so
that it may be analyzed for the presence of drugs.
I understand that collection of the urine specimen may be
witnessed.
I hereby authorize the officers, employees, and agents of
the collecting and testing agencies to disclose, both orally
and in writing, the test results to the designated
representatives of the City.
For myself and successors, assigns, heirs, and executors and
administrators, I hereby release, absolve, remise, agree to
save harmless, forever discharge and hold free from all
harm, liability, or damage to me, the officers, employees,
and agents of the collecting and testing agencies and the
City from any and all suits, actions, or causes of action at
law, claim, demand, or liability which have now or may ever
have resulting directly, indirectly, or, remotely from my
providing the said urine specimen so that it may be analyzed
for the presence o~ drugs.
(Printed Name)
(Signature)
(Date)
(Signature of Witness)
IDENTIFICATION OF THE PERSON GRANTING THE WAIVER:
Type of Picture ID Card Presented:
Serial Number of ID Card:
If no ID, Name of Person Who Vouched:
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REHABILITATION PROGRAM AGREEMENT
Under provisions of the City's Drug and Alcohol Abuse Policy
and as a condition of my continued employment with the City,
I agree to enter a City-approved program of rehabilitation.
I understand that the rehabilitation program will:
- Require me to totally abstain from the use of illegal
drugs or alcohol for a period of riot less than 12 months.
- Include frequent, unannounced biological testing to
determine adherence to the total abstinence requirement.
- Provide services on an outpatient basis in a manner
that will allow me to maintain a normal work schedule.
My agreement to enter this rehabilitation program has been
made of my own free will and has not been influenced by
threat or promise of reward.
I have read, fully understand, and accept the above terms.
Employee Name
Name of Witness
Employee Signature
Signature of Witness
Place Signed
Date Signed
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CONTRACTOR'S CERTIFICATION
FOR COMPLIANCE TO
THE CITY OF LAPORTE DRUG AND ALCOHOL ABUSE POLICY
This is to certify that the officers and operating
management of
have read and acknowledge understanding of and agreement
with the provisions of the City of LaPorte Drug and Alcohol
Abuse Policy, and the implementing procedures related
thereto.
This certification denotes intention to comply with the
goal of the above named policy, i.e., the maintenance of a
workplace free of the influences of drugs and alcohol.
(Date)
(Contractor's Signature)