HomeMy WebLinkAboutO-2005-1708-B Passed (original 1990)
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ORDINANCE NO. 2001-1708-B
AN ORDINANCE ADOPTING A nDRUG AND ALCOHOL ABUSE POLIcyn, ADOPTING
A nCOMMERCIAL MOTOR VEHICLE SUBSTANCE ABUSE POLIcyn, AND ADOPTING
n PROCEDURES FOR COMMERCIAL MOTOR VEHICLE WORKPLACE DRUG AND ALCOHOL
TESTING PROGRAMn, REPEALING ORDINANCE NO. 2001-1708, AND ORDINANCE
NO. 2001-1708-A, CONTAINING A SEVERABILITY CLAUSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING 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
adopts a "Drug and Alcohol Abuse Policy", a "Commercial Motor
Vehicle Substance Abuse Policy", and II Procedures for Commercial
Motor Vehicle Workplace Drug and Alcohol Testing Program", in form
attached hereto as Exhibits "A", "B", and "C", and incorporated by
reference herein.
Section 2. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reason, be held invalid, such invalidity shall not
affsct the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
Section 3. Ordinance No. 2001-1708, and Ordinance No. 2001-
1708-A, are repealed on the effective date hereof.
Section 4. 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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required by the Open Meetings Law, Chapter 551, Texas Government
Code; 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 5. This Ordinance shall be effective on February 1,
2005.
PASSED AND APPROVED, this 14th day of February, 2005.
By:
CITY OF LA PORTE
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Alton E. Porter
Mayor
ATTEST:
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'#J,aAmJ/~ ~
archa A. Gillett
City Secretary
APPROVED:
~7:~
Clark T. Askins
Assistant City Attorney
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CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
TABLE OF CONTENTS
SECTION PAGE
1. Policy........ .... ...... ..... ......... ... ........... ...... ..... ......... 2
2. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 3
3. Scope.......... ....... ......... ...... ........ ........... ... ........ ... 3
4. Definitions.. .... ...... ....... ......................... ....... ...... ... 3
5. Education..... ..... ........... ....... ..... ....................... ..... 5
6. Prohibited Activities................................................ 5
7. Discipline..... ..... ....... ...................... ........ .............. 6
8. Drug and Alcohol Testing of Job Applicants.................. 7
9. Testing of Employees and Contract Employees............. 7
10. Appeal of a Drug or Alcohol Test Result....................... 8
11. Employee Assistance... . . . . .. . . . .. . . . . . . . . . .. . . . . . . . . . . . . .. . . . .. .. 9
12. Inspections and Searches......................................... 10
13. Confidentiality........................................................ 11
14. Appendix A....................................................... .... 12
Conditional Offer of Employment
15. Appendix B............................................................ 13
Conditional Offer of Employment Acknowledgement
16. Appendix C..... ...... ...... ........ ....... ........... .... ... ... ..... 14
Consent to Post-Job Offer Employment Drug and
Alcohol Test
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CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
Adopted by City of La Porte - June, 1990
Revised February, 2005
1. Policy
1.1 The City of La Porte (the City) has a vital interest in maintaining a safe,
healthful, and efficient working environment. Being under the influence of a
drug and/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 the safe,
healthful, and efficient operations of the City.
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.
1.5 The City recognizes that its employees are a valuable resource and wants to
assist any employee who voluntarily comes forward and requests assistance
with chemical dependency or alcoholism.
1.6 The City strongly urges employees affected by drug and/or alcohol use or
dependency to voluntarily seek confidential assistance through the City's
Employee Assistance Program. The City supports employees using a City-
approved assistance program (per contract arrangements), and other City-
approved rehabilitation services, which may be at the employee's expense, to
achieve restoration of health.
1.7 The City will assist employees who voluntarily seek help, but will be firm in
disciplining employees who violate this policy.
1.8 Manufacturing, distributing, dispensing, possessing or using drugs and/or
alcohol will not be tolerated on City premises or while performing City business.
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2. Purpose
2.1 This policy outlines the goals and objectives of the City's drug and alcohol
testing program and provides guidance to supe"rvisors 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 drugs and
alcohol. Contractors must have a policy designed to eliminate drug and alcohol
abuse and its effects in the workplace.
3. Scope
3.1 This policy applies to all City officials and employees, including part-time and
seasonal employees, in all departments, including the police department;
contract employees in designated positions; reserve police and fire volunteers;
and all job applicants for public safety, safety-sensitive, and security sensitive
positions.
3.2 All employees who hold a commercial driver's license and are required to
operate commercial motor vehicles for the City as part of their employment,
including applicants for positions requiring the operation of commercial motor
vehicles (as the term commercial motor vehicle is defined under Title 49 C.F.R...
Part 382) are subject to the U.S. Department of Transportation substance abuse
testing procedures promulgated under Title 49 C.F.R. Part 40, Title 49 C.F.R.
Part 382, and the City of La Porte Commercial Motor Vehicle Substance Abuse
Policy.
4. Definitions
Alcohol means any beverage that contains ethyl alcohol (ethanol), including but not
limited to beer, wine and distilled spirits.
City premises or City facilities means all property of the City including, but not limited to,
the offices, facilities and surrounding areas on City-owned or leased property, parking
lots, and storage areas. The term also includes City-owned or leased vehicles and
equipment wherever located.
Contraband means any article, the possession of which on City premises or while on
City business, causes an employee I individual to be in violation of a City work rule or
law. Contraband includes illegal drugs, drug paraphernalia. alcoholic beverages,
firearms, explosives, lethal weapons.
Contract employee in a designated position means a person who performs public
safety, safety-sensitive, and security sensitive duties.
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Drug testing means the scientific analysis of urine, blood, breath, saliva, hair, tissue,
and other specimens of the human body for the purpose of detecting the presence of
an illegal drug.
Alcohol testing means an analytical procedure to determine whether an employee may
have a prohibited concentration of alcohol in a breath or saliva specimen.
Employee Assistance Program (EAP) means any program provided by the City to assist
employees in dealing with personal problems that, among other things, may involve
drug abuse and/or alcohol misuse that affect job performance.
Illegal drug means any drug which is not legally obtainable; any drug which is legally
obtainable but has not been legally obtained; any prescribed drug not legally obtained;
any prescribed drug not being used for the prescribed purpose; any over-the-counter
drug being used at a dosage level different than recommended by the manufacturer or
being used for a purpose other than intended by the manufacturer; and any drug being
used for a purpose not in accordance with bona fide medical therapy. Examples of
illegal drugs include but are not limited to: inhalants (per TML-IRP), cannabis
substances, such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and
so-called designer drugs and look-alike drugs.
Intoxication means having a blood alcohol concentration of 0.10 or more; or, not having
the normal use of one's mental or physical faculties, resulting from the voluntary
introduction into the body of an alcoholic beverage, a controlled substance, a
dangerous drug, an abusable glue or aerosol paint or similar substance, the use of
which is regulated under the law.
Legal drug means any prescribed drug or over-the counter drug, which has been legally
obtained, and is being used for the purpose for which prescribed or manufactured.
Probable cause means a belief based on objective facts sufficient to lead a prudent
person to conclude that a particular employee is unable to satisfactorily perform his or
her job functions due to drug and/or alcohol impairment. Such inability to perform job
functions may include, but is not limited to, decreases in the quality or quantity of the
employee's productivity, judgment, reasoning, concentration and psychomotor control,
and marked changes in behavior.
Public safety position means a position in the police and fire departments (including
emergency medical services personnel) having a substantially significant degree of
responsibility for the safety of the public where the unsafe performance of an employee
could result in the death or injury to self or others, including but not limited to all sworn
personnel, emergency communication clerks, police clerks working within the dispatch
section, supervisory positions, firefighter/paramedic, dispatchers, mechanics, fire
apparatus engineers, fire investigators and fire inspectors.
Safety-sensitive position means a position having a substantially significant degree of
responsibility for the safe operation of motor vehicles, motor carrier service, or heavy
equipment and machinery, where the unsafe performance of an incumbent could result
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in death or injury to self or others. Safety-sensitive positions requiring the operation of
commercial motor vehicles, as defined under 49 C.F.R~ Part 382, are subject to the City
of La Porte Commercial Motor Vehicle Substance Abuse Policy.
Security-sensitive duties means a position handling or having access to money,
negotiable instruments, sensitive information and similar assets that require a high
degree of protection.
Under the influence means a condition in which a person is affected by the use of a
drug and/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, blood, or breath analysis.
5. Education
5.1 Supervisors and other management personnel are to be trained in:
a) Detecting the signs and behavior of employees who may be using drugs
and/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.
6. Prohibited Activities
6.1 Illegal Drugs and Alcohol
a) The use, sale, purchase, transfer, or possession of an illegal drug and/or
alcohol by any employee during the course and scope of employment,
provided however; this does not prohibit consumption of alcohol on City
premises by off-duty employees when served under permit.
6.2 Legal Drugs
a) It will be the responsibility of any employee using a potentially impairing
legal drug, required for medical treatment or therapy, to inquire of their
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physician as to the effect that such a drug may have upon the
employee's ability to perform his or her job functions.
Prior to the performance of City business, the employee must report to
their supervisor the use of any legal drug that has been determined by
the employee'S physician to be potentially impairing. The supervisor who
is so informed will contact the City's Human Resources Manager for
guidance.
b) The undisclosed use of any potentially impairing legal drug by any
employee while performing City business or while on City premises
is prohibited.
However, an employee may continue to work, even though using a
potentially impairing legal drug if City management has
determined, after consulting with the City's health officials, that
such use does not pose a threat to safety and that the using
employee's job performance will not be significantly affected.
Otherwise, the employee may be required to utilize the Family
Medical Leave Act (FMLA), take a leave of absence, or comply with
other appropriate action as determined by City management.
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 employee's work activity or presence at the
workplace accordingly.
7. DISCIPLINE
7.1 Any employee who possesses or uses illegal drugs on City premises or while on
City business will be subject to discipline up to and including discharge without
benefit of re-hire, or disbarment from the workplace. The City also reserves the
right to report any violation of this policy to applicable law enforcement
agencies.
7.2 Any employee 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 discharges without benefit of re-hire, or disbarment from the
workplace. The City also reserves the right to report any violation of this policy
to applicable law enforcement agencies.
7.3 Any employee who distributes, sells, attempts to sell, attempts to purchase, or
transfers illegal drugs on City premises or while on City business will be subject
to discipline up to and including discharge without benefit of re-hire, or
disbarment from the workplace. The City also reserves the right to report any
violation of this policy to applicable law enforcement agencies.
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7.4 Any employee 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 without benefit of re-hire, or disbannent from the
workplace. The City also reserves the right to report any violation of this policy
to applicable law enforcement agencies.
7.5 Any employee who is convicted of a drug-related felony crime, whether
committed on or off duty, will be subject to discipline up to and including
discharge without benefit of re-hire, or disbannent from the workplace.
7.6 Any employee 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 without benefit of re-hire, or disbannent from the workplace. The City
also reserves the right to report any violation of this policy to applicable law
enforcement agencies.
7.7 Any employee who is found through alcohol testing by the designated City drug
and alcohol administration & testing vendor, to have in his or her body system a
volume of alcohol which indicates a .02 breath alcohol concentration or greater
will be subject to discipline up to and including discharge without benefit of re-
hire, or disbannent from the workplace. The City also reserves the right to report
any violation of this policy to applicable law enforcement agencies.
8. DRUG AND ALCOHOL TESTING OF JOB APPLICANTS
8.1 All applicants who are offered employment in public safety, safety-sensitive, or
security sensitive positions will be subject to the requirement to pass a drug
and/ or alcohol test as part of the City's post-job offer screening process.
8.2 An applicant for employment in a public safety, safety-sensitive, or security
sensitive position will be notified of the City's drug and alcohol testing policy
prior to being tested; will be infonned in writing of their right to refuse to undergo
such testing; will be informed that the consequence of refusal is tennination of
the post-job offer screening process, and will be infonned that they will not be
considered for employment.
8.3 If an applicant who has been extended a conditional offer of employment in a
public safety, safety-sensitive or security sensitive position refuses to take a
drug and / or alcohol test, or if evidence of the use of illegal drugs and/or
alcohol by an applicant is discovered, either through testing or other means, the
post-job offer screening process will be tenninated, and the applicant will not be
considered for employment.
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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 employee I 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 and/or alcohol testing:
a) Of any employee who manifests behavior giving probable cause to City
officials to believe that the employee is unable to satisfactorily perform
his or her job functions due to drug or alcohol induced impairment.
b) Of. any employee who is directly involved in an accident which results in
property damage or personal injury. An employee who is directly
involved in an accident is any employee whose order, action, or failure to
act gives probable cause to City officials to believe that such order,
action or failure to act was the result of drug or alcohol induced
impairment.
c) Of any employee employed in a public safety, safety sensitive, or
security sensitive position on a random basis. Random selection will be
performed through an unbiased computer-generated process operated
by a third-party contractor.
d) Of any employee who is enrolled in or who has completed a City-
approved rehabilitation program. The frequency of such rehabilitation
testing will not be less than once per month and the length of the testing
program for the employee may extend up to sixty (60) months, based on
a decision by a SAP (Substance Abuse Professional).
9.3 The City will conduct random drug and alcohol testing of a designated
percentage of all employees employed in public safety, safety-sensitive, and
security sensitive positions at a frequency determined by City management.
9.4 An employee's consent to submit to drug or alcohol testing for publiC safety,
safety-sensitive and security sensitive positions is required as a condition of
continued employment and the employee's refusal to consent may result in
disciplinary action, up to and including discharge without benefit of re-hire, or
disbarment from the workplac~
9.6 An employee who is tested based on the manifestation of behavior giving City
officials probable cause to believe the he or she is unable to satisfactorily
perform his or her job functions due to drug or alcohol induced impairment may
be suspended pending receipt of written test results and whatever inquiries may
be required.
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10. Appeal of a Drug or Alcohol Test Result
10.1 An employee whose drug or alcohol test is reported positive will be offered the
opportunity of a meeting with the Medical Review Officer provided by the City
drug and alcohol administration & testing vendor, to offer an explanation. The
purpose of the meeting will be to determine if there is any reason that a positive
finding could have resulted from some cause other than drug and/or alcohol
use. The City will require an MRO (Medical Review Officer) to determine a final
decision.
10.2 An employee whose drug and/or alcohol test is confirmed as positive will be
offered the opportunity to obtain an independent test, at the employee's
expense, of the non-tested split sample portion of the original urine specimen
that yielded the positive result, at an alternative SAMSHA certified lab
(Substance Abuse and Mental Health Services Administration, under the
Department of Health and Human Services).
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 regular pay but will be permitted to
use any available sick or vacation leave in order to remain in an active pay
status. If the employee has no available sick or vacation 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 incurred incident to the appeal. No results or reference to the test or
appeal will be maintained in the employee's personnel file.
11. Employee Assistance
11.1 Rehabilitative assistance may be granted to an employee who requests such
assistance provided that the employee:
a) has not received notification to report for drug and/or alcohol testing
authorized by this policy, prior to the request;
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 a City-approved rehabilitation
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
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b) The employee has agreed to enter and complete a City-approved
rehabilitation program.
11.3 An employee who has met the qualifications for rehabilitative assistance will be
given the opportunity to enter into a City-approved rehabilitation program.
Failure to enter the rehabilitation program or to complete the program according
to the prescribed program schedule is grounds for discipline up to and including
discharge without benefit of re-hire, or disbarment from the workplace.
11.4 Participation in the rehabilitation program will be during times that will not
conflict with the employee's work time, except that the employee shall be
required to use any available sick leave or annual leave to be absent from the
job with pay. The City may place the employee on FMLA (Family Medical Leave
Act) during any absences from the job.
11.5 Assistance given by the City will be limited to:
a) medical benefits that may be available in the employee'S medical
benefits plan.
b) rehabilitation programs that have been pre-approved by the City.
11.6 The City will provide to any employee, upon request and at no cost to the
employee, information conceming local resources that are available for
the diagnosis and treatment of drug and/or alcohol related problems.
12. Inspections and Searches
12.1 The City may conduct unannounced general inspections and searches for drugs
and/or alcohol on City premises or in City vehicles or equipment wherever
located. Employees are expected to cooperate.
12.2 A search of an employee and his or her personal property may be made when
there is probable cause to conclude that the employee suffers from drug or
alcohol induced impairment or is otherwise in violation of this policy. A search of
an employee's personal property may include the examination of personal
vehicles on City property, lockers, purses, lunch boxes, clothing and other items
in the personal control of the employee. The searching technique may be aided
by drug detection dogs.
12.3 An employee's consent to a search based on probable cause, made of that
individual's personal property, is required as a condition of continued
employment and the employee's refusal to consent may be subject to discipline
up to and including discharge without benefit of re-hire, or disbarment from the
workplace.
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12.4 Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on City
property will be turned over to appropriate law enforcement authorities 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.
12.5 Other forms of contraband, such as firearms, explosives, and lethal weapons
will be subject to seizure during an inspection or search. An employee who is
found to possess contraband on City property or while on City business will be
subject to discipline up to and including discharge without benefit of re-hire, or
disbarment from the workplace.
12.6 If an employee is the subject of a drug-related investigation by the City or by a
law enforcement agency, the employee may be suspended without pay pending
completion of the investigation.
13. Confidentiality
13.1 All information relating to drug or alcohol testing or the identification of persons
as users of drugs and/or alcohol will be protected by the City as confidential unless
otherwise required by law, overriding public health and safety concerns, or
authorized in writing by the persons in question.
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Appendix A
Date
Employee Name and Address
RE: Conditional Offer of Employment
Dear (name),
Please consider this letter the City of La Porte's conditional offer of employment to you.
Based on confirmation that you have passed a post-job offer drug/alcohol test; a
physical examination; and attended a mandatory employee orientation, you will begin:
your position of:
on the anticipated date of:
at an hourly rate of: $
plus the standard employee benefit package for this position.
The position you have accepted is categorized as:
Security Sensitive.
Public Safety / Safety Sensitive /
This means that in addition to the post-job offer drug/alcohol testing, you will be subject
to random drug/alcohol testing as a condition of continuing your employment.
Please contact the Human Resources Division to pick up the paperwork and
information concerning your drug test and physical examination. If you need additional
information, please call me at (281) 470-5027. I will contact the appropriate
Department/Division once you have completed the required post-job offer process.
Sincerely,
Human Resources Specialist
c: Personnel File
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APPENDIX B
CONDITIONAL OFFER OF EMPLOYMENT ACKNOWLEDGEMENT
I,
acknowledge that the City of La Porte has offered me the position of:
to begin on the anticipated date of:
based on an hourly rate of:
$
plus the standard employee benefit package for this position.
I also understand that this offer of employment is conditional on confirmation that I pass
a post-job offer drug/alcohol test and physical examination and attend a mandatory
employee orientation.
I have been informed that the position I have accepted is categorized as:
Public Safety / Safety Sensitive / Securitv Sensitive.
which means that in addition to the post-job offer drug testing, I will be subject to
random drug/alcohol testing as a condition of continuing my employment with the City
of La Porte.
I understand that if Human Resources personnel confirm I DID NOT pass the post-job
offer drug/alcohol test and/or physical examination, the City of La Porte may rescind
this job offer immediately.
Signature
Date
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APPENDIX C
CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
Adopted by City of La Porte - June 1990
Revised February, 2005
CONSENT TO POST -JOB OFFER EMPLOYMENT DRUG AND ALCOHOL TEST
I understand it is the policy of the City to conduct biological tests for the purpose of detecting
the presence of illegal drugs and lor alcohol. I further understand that one of the requirements
for further consideration of employment with the City is the satisfactory passing of the City's
biological drug and/alcohol test.
I agree to take a biological test as part of the regular post-job offer employment screening
process conducted by the City and understand that a favorable test result does not necessarily
guarantee that I will be employed by the City.
I agree to take random biological 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/alcohol-testing agency to release to the City the results of any
drug tests made of my biological specimens so that I may qualify for employment.
If I refuse to take a drug/alcohol test, or if evidence of the use of illegal drugs and/or alcohol is
discovered, either through testing or other means, the post-job offer screening process will be
terminated, and I will not be considered for employment.
At this time I hereby consent to a drug test.
(Signature of witness)
(Signature)
(Printed name)
(Date)
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CITY OF LA PORTE
POSITION CATEGORIES FOR POST.JOB OFFER! RANDOM DRUG TESTING
SAFETY SENSITIVE P'OSITIONS
A .Safety Sensitive Position" means a position having a substantially significant degree of responsibility for the
safe operation of pment, motor vehicles and motor carrier service, or heavy equipment and machinery, where the
unsafe performance of an incumbent could result in death or injUry to self or others. Safety sensitive positions
include. but are not limited to: operations supervisor, mechanics, positions requiring a CDL and anyone
supervising employees in the aforementioned positions.
PARKS AND RECREATION DEPARTMENT
Park Maintenance Superintendent
Building Maintenance Technician Supervisor
Building Maintenance Technician
Custodian I
Custodian II
Park Maintenance Supervisor
Sr. Park Maintenance Worker
Park Maintenance Worker II
Park Maintenance Worker I
Special Services Superintendent
Senior Services Coordinator
Senior Services Assistant
Senior Services Assistant I
Senior Services Recreation Specialist
Recreation Therapist
Assistant Recreation Therapist
Therapeutic Recreation Specialist
Pool Managers
Lifeguards
Home Delivery Meals Driver
GOLF COURSE MAINTENANCE
Golf Course Worker
Golf Course Superintendent
Assistant Golf Course Superintendent
PUBLIC WORKS DEPARTMENT
Street Maintenance Superintendent
Street Maintenance Supervisor
Senior Equipment Operator
Equipment Operator II
Equipment Operator I
Mosquito Control Technician
Equipment Services Superintendent
Equipment Services Supervisor
Senior Mechanic
Mechanic
Mechanic Assistant
Parts Manager
Parts Assistant
Water Production Supervisor
Water Production Operator II
Utility Superintendent
Assistant Utility Superintendent
Utility Supervisor
Senior Utility Maintenance Operator
Utility Groundskeeper
Utility Operator II
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Utility Operator I
Senior Lift Station Operator
Lift Station Operator
Treatment Plant Supervisor
Senior Treatment Plant Operator
Treatment Plant Operator II
Solid Waste Superintendent
Solid Waste Supervisor
Solid Waste Worker
Industrial Waste Inspector
INSPECTIONS DEPARTMENT
Chief Inspector
Chief Building Offical
Inspector I
Inspector II
Inspection Services Coordinator
Inspection Services Technician
PLANNING & ENGINEERING DEPARTMENT
Survey Party Chief
Survey Technician
Public Improvement Coordinator
UTILITY BILLING DEPARTMENT
Meter Reader Supervisor
Meter Reader
PUBtlt:-SAF.E1'v.~posiTIONs . ' . ,..; ;,:" ';.",.:;:::=';
A "Public Safety Position" means a position in the police or fire department having a substantially significant
degree of responsibility for the safety of the public where the unsafe performance of an employee could result in
the death or injury to self or others, including but not limited to all swom personnel, emergency communication
clerks, police clerks working within the dispatch section, supervisor positions, firefighter/paramedic, dispatcher,
mechanics, fire apparatus engineers, fire investigators and fire inspectors.
POLICE DEPARTMENT
Police Chief
Assistant Police Chief
Patrol Officer
Patrol Lieutenant
Patrol Sergeant
CID Sergeant
CID Lieutenant
Special Operation Sergeant
Special Operation Lieutenant
Crime Prevention Officer
Animal Control Supervisor
Animal Control Officer
DOT Officer
Public Safety Attendant
Dispatcher II
Dispatcher I
School Crossing Guard
City Marshal
Reserve Officers
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FIRE DEPARTMENT
Fire Marshal
Deputy Fire Marshal
Assistant Fire Chief
Fire Engineer
Fire Captain
Fire Chief
Deputy Chief
Volunteer Fire
EMS Chief
Assistant EMS Chief
EMS Shift Supervisor
Paramedic I
Paramedic II
Paramedic III
EMS Relief Medic
SECURI1:Y SENSitivE :POSITONS ;: '.,~.. . . ,
Positions that require the incumbent to handle or be responsible for any type of money and/or is responsible
for sensitive equipment, such as computers, etc.
Golf Course Manager
First Assistant Golf Pro
Second Asst. Golf Pro
Golf Coordinator
Clubhouse Cashier
Computer Support Specialist
MIS Manager
Computer Systems Administrator
Court Administrator
Chief Deputy Court Clerk
Deputy Court Clerk
Finance Director
Assistant Finance Director
Budget Investment Officer
Financial Services Manager
Financial Services Technician
Senior Financial Services Technician
Tax Manager
Deputy Tax Collector
Customer Service Clerk
Accountant
Utility Billing Coordinator
Billing Supervisor
UB Assistant II
UB Assistant I
Office Coordinator
Custodian
Customer Service Assitant
Recreation Superintendent
RFC Coordinator
Aquatic/Special Events Coordinator
Fitness Center Specialist
Assistant RFC Coordinator
Customer Service Assistant
Office Manager
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CITY OF LA PORTE
COMMERCIAL MOTOR VEHICLE
SUBSTANCE ABUSE POLICY
TABLE OF CONTENTS
SECTION
PAGE
1. Scope... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... 2
2. Definitions... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Notification to Employees......... ... ............ ...... ... ...... ... ........ 4
4. Education... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 4
5. Prohibited Activities... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 5
6. Biological Testing... ... .................................... ......... ... ...... 5
7. Inspections and Searches...... ...... .. .......... ...... ...... ... ...... ... .. 6
8. Discipline...... ........................ ... ... ......... ... ... ... .................. 7
9. Rehabilitation... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
10.Appeals... ... ... ... ...... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 7
11. Amnesty... ... ... ... .. . ... . .. ... .. . . .. ... ... ... ... . .. .. . . .. .. . ... ... ... ... ... ... . 8
12. Confidentiality... ...... ...... ...... ... ... ... .,. ... ... ... ... ... ... ... ... ... ... ... 8
13. Reservation of Rights ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
14. Savings Clause... ............ ... ............ ............... ... ... ............ 8
APPENDIX A...... ............ .................. ...... ........................ ..... 9
Acknowledgement and Consent
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CITY OF LA PORTE
COMMERCIAL MOTOR VEHICLE
SUBSTANCE ABUSE POLICY
The City of La Porte has a vital interest in maintaining a safe, healthful, and efficient
working environment. Being under the influence of an illegal 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, manufacture, 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.
The City of La Porte 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.
1. SCOPE OF POLICY
This policy applies to all employees who hold a commercial driver's license and are
required as part of their employment to operate commercial motor vehicles for the City,
as well as to applicants for positions requiring the operation of commercial motor
vehicles, as the term commercial motor vehicle is a defined under Title 49 C.F.R. Part
382. All employees and applicants for positions requiring the operation of commercial
motor vehicles are subject to the U.S. Department of Transportation substance abuse
testing procedures promulgated under Title 49 C.F.R. Part 40, and Title 49 C.F.R. Part
382. This policy does not apply to individuals exempted from the requirements of Title
49 C.F.R. Part 383 by the State of Texas, relating to holders of commercial drivers
licenses.
2. DEFINITIONS
For the purposes of this policy, the term:
. "under the influence" means a condition in which a person is affected by an
illegal 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 lay
person.
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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.
. "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.
. "adulterated specimen" means a specimen that contains a substance that
is not expected to be present in human urine, or contains a substance expected to be
present but is at a concentration so high that it is not consistent with human urine.
. "substituted specimen" means a specimen with creatinine and specific
gravity values that are so diminished that they are not consistent with human urine.
. "alcohol" means any beverage that contains ethyl alcohol (ethanol), including
but not limited to beer, wine and distilled spirits.
. "possession" is meant to also include the presence in the body system of any
detectable amount of an illegal drug.
. "biological testing" means the scientific analysis of urine, blood, breath,
saliva, hair, tissue, and other specimens of the human. body for the purpose of detecting an
illegal drug or alcohol.
. ''for cause situation" is any situation in which an employee's job performance
is in conflict with established job standards relating to safety and efficiency, based on
objective facts sufficient to lead a prudent person to conclude that the employee is
unable to satisfactorily conform to established job standards due to drug and/or alcohol
impairment. Such inability to perform job functions may include, but is not limited to,
decreases in the quality or quantity of the employee's productivity, judgment,
reasoning, concentration and psychomotor control, and marked changes in behavior.
The term includes accidents, near accidents, erratic conduct suggestive of illegal drug or
alcohol use, any unsafe performance behaviors, and unexplained deviations from
productivity.
. "City premises or City facilities" means all property of the City, including but
not limited to the plant facility and surrounding areas on City-owned or leased property,
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parking lots, and storage areas. The term also includes City-owned leased or used
vehicles and equipment wherever located. It also includes the premises where the City
performs contract services.
. "reasonable belief' means a belief based on objective facts sufficient to lead
a prudent person to conclude that a particular p~rson performed a particular act.
. "contraband" means any article, the possession of which on City premises or
while on City business, causes an employee to be in violation of a City work rule.
Contraband includes illegal drugs and alcoholic beverages, drug paraphernalia, lethal
weapons, firearms, explosives, incendiaries, stolen property, counterfeit money, untaxed
whiskey, and pornographic materials.
. "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.
3. NOTIFICATION TO EMPLOYEES
The City will notify employees of this policy by:
. Giving to each employee a copy of the policy and obtaining a wntten
acknowledgment from each employee that the policy has been received,
read, and understood.
4. EDUCATION
All supervisors and other management personnel are to be trained in:
. Detecting the signs and behavior of employees who may be using illegal
drugs or alcohol in violation of this policy.
. Intervening in situations that may involve violations of this policy.
. Recognizing the above activities as a direct job responsibility.
Employees are to be informed of:
. The health and safety dangers associated with illegal drug and alcohol
use.
. The provisions of this policy.
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5. PROHIBITED ACTIVITIES
Legal Drugs
It is the responsibility of every employee at work to be free of the influence of any impairing
substances, including legal drugs. The purpose of this provision is not to prohibit the proper
use of a legal drug by an employee at work, but to require the employee to determine the
potential impairing effects that off-the-job or on-the-job use of the legal drug in question
may have upon the employee's safe and productive performance at the workplace. When
an employee has determined that use of the legal drug will have an impairing effect on his
or her safe and productive performance, the employee will be required to report this to the
supervisor.
The City at all times reserves the right to judge the effect that a legal drug may have upon
work performance and to restrict the using employee's work activity or presence at the
workplace accordingly.
Illegal Drugs, Drug Paraphernalia, and Alcohol
The use, sale, purchase, transfer, manufacture or possession in any detectable manner of
an illegal drug or alcohol by any employee including contract employees while on City
premises or while performing City business is prohibited.
The sale, purchase, transfer, or possession of drug paraphemalia by any employee
including contract employees, on City premises or while performing City business is
prohibited.
6. BIOLOGICAL TESTING
Current Employees
The City may perform biological testing of an employee:
. who manifests behavior oivino probable cause to City officials to believe that
the emplovee is unable to satisfactorily perform his or her job functions due to drug or
alcohol induced impairment.
. who is directly involved in an accident which results in property damage or
personal injury.
. employed in a public safety, safety sensitive or security sensitive position on
a random basis.
. Return to duty.
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An employee's consent to submit to biological testing is required as a condition of
employment and the employee's refusal to consent will result in termination of employment.
An employee who is tested as the result of involvement in a for cause situation may be
suspended, without pay, pending completion of whatever inquiries may be required.
Job Applicants
All applicants for employment will be subject to biological testing. If evidence of the use of
illegal drugs by an applicant is discovered, either through biological testing or other means,
the employment process will be suspended. If the applicant refuses to take a biological
test, the employment process will be suspended.
7. INSPECTIONS AND SEARCHES
The City may conduct unannounced general inspections and searches for illegal drugs or
alcohol on City premises or in City vehicles or equipment wherever located. Employees,
including contractual employees, are expected to cooperate.
Search of an employee and his or her personal property may be made when there is
reasonable belief to conclude that the employee is in violation of this policy.
An employee's consent to a search is required as a condition of employment and the
employee's refusal to consent will result in discharge, even for a first refusal. Contractual
employees who fail to consent will be banned from the job site.
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 biological testing vendor for scientific
analysis.
Other forms of contraband, such as firearms, explosives, and lethal weapons, will be
subject to seizure during an inspection or search. An employee who is found to possess
contraband on City property or while on City business will be subject to discipline up to and
including discharge. Contractual employees who are found to be in possession of
contraband will be banned from the job site.
If an employee is the subject of a drug-related investigation by the City or by a law
enforcement agency, the employee may be suspended, without pay, pending completion of
the investigation. Contractual employees who are the subject of a drug-related
investigation by the City or by a law enforcement agency will be banned from the job site
pending completion of the investigation.
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8. DISCIPLINE
Any employee who uses, possesses, manufactures, distributes, sells, attempts to sell or
transfers illegal drugs on City premises or on City business will be immediately discharged.
Any contractual employee who uses, possesses, manufacture~, distributes, sells, attempts
to sell, or transfers illegal drugs on City premises or on City business will be immediately
banned from the job site.
Any employee who refuses to undergo biological testing, adulterates the specimen or
substitutes the specimen will be immediately discharged. Any contractual employee who
refuses to undergo biological testing, adulterates the specimen or substitutes the specimen
will be immediately banned from the job site.
9. REHABILITATION
The City considers illegal drug or alcohol abuse a self-induced illness and will not provide
financial assistance to treat it.
The City will provide to employees information conceming substance abuse treatment
programs. Information concerning both publicly and privately funded local community
resources will be made available.
10. APPEALS
An employee whose bioloQical test is reported positive will be asked in a confidential
meeting with the City's contracted Medical Review Officer to offer an explanation. The
purpose of the meeting will be to determine if there is any reason that a positive test could
have resulted from some cause other than illegal drug or alcohol use, that is in violation of
this policy.
The employee may have the remaining portion of the urine specimen tested by an
independent lab, at hislher own expense. Additionally, the employee may have the test
results reviewed by a licensed physician with knowledge of substance abuse disorders, at
hislher own expense.
An appeal that merits further inquiry may require that the employee be suspended without
pay until the inquiry and the appeals process are completed. If the conclusion of the
appeal is in the employee's favor, the employee will be. reinstated withOtit payment for
wages lost during suspension.
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11. AMNESTY
Unannounced biological testing will not be conducted during a period of thirty days
immediately following the effective date of this policy. The purpose of an amnesty period is
to allow employees who are using illegal drugs to discontinue use without fear of detection
by unannounced testing, and to allow employees whose illegal drug use requires medical
assistance to enroll in rehabilitation programs without prejudice to their jobs.
Amnesty will not apply to biological testing for Pre-employment and Post-accident
situations.
12. CONFIDENTIALITY
All information relating to biological testing or the identification of persons as users of illegal
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 person in
question.
13. RESERVATION OF RIGHTS
The City may modify, rescind or change this policy without notice. In addition, this policy
shall not constitute nor be deemed a contract or promise of employment.
14. SAVINGS CLAUSE
If any part of this policy is held invalid by a competent authority, or by changes in local,
state or federal legislation or U.S. Department of Transportation regulations or rules, such
part shall be deemed invalid and the remainder of the policy shall continue in full force and
effect.
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APPENDIX A
ACKNOWLEDGEMENT AND CONSENT
Commercial Motor Vehicle Substance Abuse Policy
Please sign, date, and retum this form to your supervisor as soon as possible.
I HAVE RECEIVED AND READ A COpy OF THE CITY OF LA PORTE COMMERCIAL
MOTOR VEHICLE SUBSTANCE ABUSE POLICY. I UNDERSTAND THAT THIS POLICY
IS PART OF THE CITY'S PERSONNEL RULES AND REGULATIONS AND THAT IT
APPLIES TO ALL EMPLOYEES WHO HOLD A COMMERCIAL DRIVER'S LICENSE AND
ARE REQUIRED AS PART OF THEIR EMPLOYMENT TO OPERATE COMMERCIAL
MOTOR VEHICLES.
Print Name
Social Security Number
Signature
Date
Witness
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CITY OF LA PORTE
POSITIONS THAT REQUIRE CDL DRIVERS LICENSES
Job Titles Department
Building Maintenance Technician Supervisor
Parks Maintenance
Building Maintenance Technician
Parks Maintenance
Park Maintenance Supervisor
Parks Maintenance
Sr. Park Maintenance Worker
Parks Maintenance
Park Maintenance Worker II
Parks Maintenance
Special Services Superintendent
Special Services
Senior Services Coordinator
Special Services
Senior Services Assistant
Special Services
Senior Services Recreation Specialist
Special Services
Recreation Therapist
Recreation
Assistant Recreation Therapist
Recreation
Therapeutic Recreation Specialist
Recreation
Street Maintenance Supervisor
Streets
Senior Equipment Operator
Streets
Solid Waste
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Equipment Operator II
Streets
Solid Waste
Equipment Operator I
Streets
Solid Waste
Mosquito Control Technician
Senior Mechanic
Streets
Equipment Service
Mechanic
Equipment Service
Mechanic Assistant
Equipment Service
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Water Production Supervisor
Water Production
Water Production Operator II
Water Production
Utility Supervisor
Water Distribution
Wastewater Collection
Senior Utility Maintenance Operator
Water Distribution
Wastewater Collection
Utility Operator II
Water Distribution
Wastewater Collection
Utility Operator I
Water Distribution
Wastewater Collection
Senior Lift Station Operator
Wastewater Collection
Lift Station Operator
Wastewater Collection
Senior Treatment Plant Operator
Wastewater Treatment
Treatment Plant Operator II
Wastewater Treatment
Treatment Plant Supervisor
Wastewater Treatment
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 02-14-2005
Appropriation
Requested By: Sherri Samp!ilon
Source of Funds:
Department: HURlRA R.eliour~eli
Account Number: 6062-515.50-08
Report:
Resolution:
Ordinance:
x
Amount Budgeted: 21,000
Exhibits: Ordinance 2001-1708-B
Amount Requested: 21,000
Exhibits: Dru2 and Alcohol Abuse Policy
Budgeted Item: YES NO
Exhibits: Commercial Motor Vehicle SlIhdance Ahu!ile Policy
SUMMARY & RECOMMENDATION
The initial request for revisions to the Drug and Alcohol Abuse Policy was reviewed by Council on January 10,
2005. The policies were discussed further at the Council Workshop on January 24,2005. Revisions as discussed,
and highlighted in yellow, have been incorporated in the attached policies.
Please include an agenda item request to replace Ordinance No. 2001-1708 - A. Ordinance No. 2001-1708 - B, will
replace the previous Drug and Alcohol Abuse Policy and Procedures for the City of La Porte with 2 separate
policies. The "Drug and Alcohol Abuse Policy" will apply to elected and appointed City officials, all employees,
contract employees in designated positions; and all job applicants for public safety, safety sensitive and security
sensitive positions. The second policy, "Commercial Motor Vehicle Substance Abuse Policy" will apply to all
employees who hold a commercial driver's license and are required as part of their employment to operate a
commercial motor vehicle for the City, as well as to applicants for positions requiring the operation of commercial
motor vehicles, as the term commercial motor vehicle is defined under Title 49 C.F.R. Part 382.
The City of La Porte has a vital interest in maintaining a safe, healthful and efficient working environment. Being
under the influence of an illegal 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, manufacture, 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..
The City further expresses its intent through these policies to comply with Federal and State rules, regulations, or
laws that relate to the maintenance of a workplace free from illegal drugs and alcohol.
Both policies will be effective on March 01,2005. Unannounced biological testing will not be conducted during a
period of thirty days immediately following the effective date of these policies. Amnesty will not apply to biological
testing for pre-employment and post-accident situations.
Action Required bv Council:
Consider approving request to replace previous ordinance.
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ORDINANCE NO. 2001-1708-B
~~t~
AN ORDINANCE ADOPTING A nDRUG AND ALCOHOL ABUSE POLIcyn, ADOPTING
A nCOMKBRCIAL KOTOR VEHICLE SUBSTANCE ABUSE POLIcyn, AND ADOPTING
npROCEDURES FOR COMMERCIAL MOTOR VEHICLE WORICPLACE DRUG AND ALCOHOL
TESTING PROGRAKn, REPEALING ORDINANCE NO. 2001-1708, AND ORDINANCE
NO. 2001-1708-A, CONTAINING A SEVERABILITY CLAUSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 10 The city Council of the City of La Porte hereby
adopts a "Drug and Alcohol Abuse Policy", a "Commercial Motor
Vehicle Substance Abuse Policy", and "Procedures for Commercial
Motor Vehicle Workplace Drug and Alcohol Testing Program", in form
attached hereto as Exhibits "A", "B", and "C", and incorporated by
reference herein.
Section 2. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this city Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
Section 3. Ordinance No. 2001-1708, and Ordinance No. 2001-
1708-A, are repealed on the effective date hereof.
Section 4. 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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required by the Open Meetings Law, Chapter 551, Texas Government
Code; 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 5. This Ordinance shall be effective on February 1,
2005.
PASSED AND APPROVED, this 10th day of January, 2005.
CITY OF LA PORTE
By:
Alton E. Porter
Mayor
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
~r.~
CI rk T. Askins
Assistant City Attorney
2
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CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
TABLE OF CONTENTS
1. POL I CY .. .................... ...... .... ........ ..... ........... .... ...... ... .................................... .............. .........2
2. PURPOSE......................................................... .................................................................... 3
3. S CO PE ............................................. .......................... ................................................ ...... .....3
4. DEFINITIONS .............................. ................... ........ ...... ....... ..................... ........... ...... ... ......3
5. EDUCATION ....................... ................................................................................................5
6. PRO HIBITED ACTIVITIES ........................................................ .............................. ....... 5
9. TESTING OF EMPLOYEES AND CONTRACT EMPLOYEES ................................. 7
10. APPEAL OF A DRUG OR ALCOHOL TEST RESULT............................................8
11. EMPLOYEE ASSISTANCE ..........................................................................................9
12. INSPECTIONS AND SEARCHES ..............................................................................10
14. CONFIDENTIALITY ...................................................................................................11
APPENDIX A .... ....... .......... ... ................... ............... ................................... .......... .... ......... ....... ..12
APPENDIX B ........................................ ............. ...... .......................... .............................. ...... ... .13
CONDITIONAL OFFER OF EMPLOYMENT ACKNOWLEDGEMENT .................. 13
APPENDIX C ............................................ ........... .......... ........... ....................... ... ................ ... ... .14
CONSENT TO POST-JOB OFFER EMPLOYMENT DRUG AND ALCOHOL TEST14
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CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
Adopted by City of La Porte - June, 1990
Revised January, 2005
1. Policy
1.1 The City of La Porte (the City) has a vital interest in maintaining a safe, healthful,
and efficient working environment. Being under the influence of a drug and/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 the safe, healthful, and
efficient operations of the City.
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.
1.5 The City recognizes that its employees are a valuable resource and wants to
assist any employee who voluntarily comes forward and requests assistance with
chemical dependency or alcoholism.
1.6 The City strongly urges employees affected by drug and/or alcohol use or
dependency to voluntarily seek confidential assistance through the City's
Employee Assistance Program. The City supports employees using a City-
approved assistance program (per contract arrangements), and other City-
approved rehabilitation services, which may be at the employee's expense, to
achieve restoration of health.
1.7 The City will assist employees who voluntarily seek help, but will be firm in
disciplining employees who violate this policy.
1.8 Manufacturing, distributing, dispensing, possessing or using drugs and/or alcohol
will not be tolerated on City premises or while performing City business.
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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 drugs and
alcohol.
3. Scope
3.1 This policy applies to all City officials and employees, including part-time and
seasonal employees, in all departments, including the police department;
contract employees in designated positions; and all job applicants for public
safety, safety-sensitive, and security sensitive positions.
3.2 All employees who hold a commercial driver's license and are required to
operate commercial motor vehicles for the City as part of their employment,
including applicants for positions requiring the operation of commercial motor
vehicles (as the term commercial motor vehicle is defined under Title 49 C.F.R~
Part 382) are subject to the U.S. Department of Transportation substance abuse
testing procedures promulgated under Title 49 C.F.R. Part 40, Title 49 C.F.R.
Part 382, and the City of La Porte Commercial Motor Vehicle Substance Abuse
Policy.
4. Definitions
1) Alcohol means any beverage that contains ethyl alcohol (ethanol), including but
not limited to beer, wine and distilled spirits.
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.
3) Contraband means any article, the possession of which on City premises or
while on City business, causes an employee I individual to be in violation of a
City work rule or law. Contraband includes illegal drugs, drug paraphernalia,
alcoholic beverages, firearms, explosives, lethal weapons.
4)
5)
6)
7)
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Contract employee in a designated position means a person who performs public
safety, safety-sensitive, and security sensitive duties.
Drug testing means the scientific analysis of urine, blood, breath, saliva, hair,
tissue, and other specimens of the human body for the purpose of detecting the
presence of an illegal drug and/or alcohol.
Employee Assistance Program (EAP) means any program provided by the City
to assist employees in dealing with personal problems that, among other things,
may involve drug abuse and/or alcohol misuse that affect job performance.
Illegal drug means any drug which is not legally obtainable; any drug which is
legally obtainable but has not been legally obtained; any prescribed drug not
legally obtained; any prescribed drug not being used for the prescribed purpose;
any over-the-counter drug being used at a dosage level different than
recommended by the manufacturer or being used for a purpose other than
intended by the manufacturer; and any drug being used for a purpose not in
accordance with bona fide medical therapy. Examples of illegal drugs include
but are not limited to: inhalants (per TML-IRP), cannabis substances, such as
marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and so-called
designer drugs and look-alike drugs.
8)
Intoxication means having a blood alcohol concentration of 0.10 or more; or, not
having the normal use of one's mental or physical faculties, resulting from the
voluntary introduction into the body of an alcoholic beverage, a controlled
substance, a dangerous drug, an abusable glue or aerosol paint or similar
substance, the use of which is regulated under the law.
9)
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.
10)
Probable cause means a belief based on objective facts sufficient to lead a
prudent person to conclude that a particular employee is unable to satisfactorily
perform his or her job functions due to drug and/or alcohol impairment. Such
inability to perform job functions may include, but is not limited to, decreases in
the quality or quantity of the employee's productivity, judgment, reasoning,
concentration and psychomotor control, and marked changes in behavior.
11 )
Public safety position means a position in the police and fire departments
(including emergency medical services personnel) having a substantially
significant degree of responsibility for the safety of the public where the unsafe
performance of an employee could result in the death or injury to self or others,
including but not limited to all sworn personnel, emergency communication
clerks, police clerks working within the dispatch section, supervisory positions,
firefighter/paramedic, dispatchers, mechanics, fire apparatus engineers, fire
investigators and fire inspectors.
12)
Safety-sensitive position means a position having a substantially significant
degree of responsibility for the safe operation of motor vehicles, motor carrier
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service, or heavy equipment and machinery, where the unsafe performance of
an incumbent could result in death or injury to self or others. Safety-sensitive
positions requiring the operation of commercial motor vehicles, as defined under
49 C.F.R:, Part 382, are subject to the City of La Porte Commercial Motor Vehicle
Substance Abuse Policy.
13) Security-sensitive duties means a position handling or having access to money,
negotiable instruments, sensitive information and similar assets that require a
high degree of protection.
14) Under the influence means a condition in which a person is affected by the use
of a drug and/or alcohol in any detectable manner. The symptoms of influence
are not confined to those consistent with misbehavior, ReF 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, blood, or breath analysis.
5. Education
5.1 Supervisors and other management personnel are to be trained in:
a) Detecting the signs and behavior of employees who may be using drugs
and/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.
6. Prohibited Activities
6.1 Illegal Drugs and Alcohol
a) The use, sale, purchase, transfer, or possession of an illegal drug and/or
alcohol by any employee during the course and scope of employment,
provided however; this does not prohibit consumption of alcohol on City
premises when served under permit.
6.2 Legal Drugs
a) It will be the responsibility of any employee using a potentially impairing
legal drug, required for medical treatment or therapy, to inquire of their
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physician as to the effect that such a drug may have upon the employee's
ability to perform his or her job functions.
Prior to the performance of City business, the employee must report to
their supervisor the use of any legal drug that has been determined by
the employee's physician to be potentially impairing. The supervisor who
is so informed will contact the City's designated Human Resources
officials for guidance.
b) The undisclosed use of any potentially impairing legal drug by any
employee while performing City business or while on City premises
is prohibited.
However, an employee may continue to work, even though using a
potentially impairing legal drug if City management has determined,
after consulting with the City's health officials, that such use does
not pose a threat to safety and that the using employee's job
performance will not be significantly affected. Otherwise, the
employee may be required to utilize the Family Medical Leave Act
(FMLA), take a leave of absence, or comply with other appropriate
action as determined by City management.
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 employee's work activity or presence at the
workplace accordingly.
7. DISCIPLINE
7.1 Any employee who possesses or uses illegal drugs on City premises or while on
City business will be subject to discipline up to and including discharge without
benefit of re-hire, or disbarment from the workplace. The City also reserves the
right to report any violation of this policy to applicable law enforcement agencies.
7.2 Any employee 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 dischargea without benefit of re-hire, or disbarment from the workplace.
The City also reserves the right to report any violation of this policy to applicable
law enforcement agencies.
7.3 Any employee who distributes, sells, attempts to sell, attempts to purchase, or
transfers illegal drugs on City premises or while on City business will be subject
to discipline up to and including discharge without benefit of re-hire, or
disbarment from the workplace. The City also reserves the right to report any
violation of this policy to applicable law enforcement agencies.
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7.4 Any employee 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 without benefit of re-hire, or disbarment from the
workplace. The City also reserves the right to report any violation of this policy to
applicable law enforcement agencies.
7.5 Any employee who is convicted of a drug-related felony crime, whether
committed on or off duty, will be subject to discipline up to and including
discharge without benefit of re-hire, or disbarment from the workplace.
7.6 Any employee 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 without benefit of re-hire, or disbarment from the workplace. The City
also reserves the right to report any violation of this policy to applicable law
enforcement agencies.
7.7 Any employee who is found through alcohol testing to have in his or her body
system a volume of alcohol which indicates a .02 breath alcohol concentration or
greater will be subject to discipline up to and including discharge without benefit
of re-hire, or disbarment from the workplace. The City also reserves the right to
report any violation of this policy to applicable law enforcement agencies.
8. DRUG AND ALCOHOL TESTING OF JOB ApPLICANTS
8.1 All applicants who are offered employment in public safety, safety-sensitive, or
security sensitive positions will be subject to the requirement to pass a drug and/
or alcohol test as part of the City's post-job offer screening process.
8.2 An applicant for employment in a public safety, safety-sensitive, or security
sensitive position will be notified of the City's drug and alcohol testing policy prior
to being tested; will be informed in writing of their right to refuse to undergo such
testing; will be informed that the consequence of refusal is termination of the
post-job offer screening process, and will be informed that they will not be
considered for employment.
8.3 If an applicant who has been extended a conditional offer of employment in a
public safety, safety-sensitive or security sensitive position refuses to take a drug
and / or alcohol test, or if evidence of the use of illegal drugs and/or alcohol by
an applicant is discovered, either through testing or other means, the post-job
offer screening process will be terminated, and the applicant will not be
considered for employment.
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 employee / individual a copy of the policy, announcing the
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policy in various written communications, and making presentations at employee
meetings and other suitable forums
9.2 The City may perform drug and/or alcohol testing:
a) Of any employee who manifests behavior giving probable cause to City
officials to believe that the employee is unable to satisfactorily perform
his or her job functions due to drug or alcohol induced impairment.
b) Of any employee who is directly involved in an accident which results in
property damage or personal injury. An employee who is directly
involved in an accident is any employee whose order, action, or failure to
act gives probable cause to City officials to believe that such order, action
or failure to act was the result of drug or alcohol induced impairment.
c) Of any employee employed in a public safety, safety sensitive, or security
sensitive position on a random basis. Random selection will be performed
through an unbiased computer-generated process operated by a third-
party contractor.
d) Of any employee who is enrolled in or who has completed a City-
approved rehabilitation program. The frequency of such rehabilitation
testing will not be less than once per month and the length of the testing
program for the employee may extend up to sixty (60) months, based on
a decision by a SAP (Substance Abuse Professional).
9.3 The City will conduct random drug and alcohol testing of a designated
percentage of all employees employed in public safety, safety-sensitive, and
security sensitive positions at a frequency determined by City management.
9.4 An employee's consent to submit to drug or alcohol testing for public safety,
safety-sensitive and security sensitive positions is required as a condition of
continued employment and the employee's refusal to consent may result in
disciplinary action, up to and including discharge without benefit of re-hire, or
disbarment from the workplace",
9.6 An employee who is tested based on the manifestation of behavior giving City
officials probable cause to believe the he or she is unable to satisfactorily
perform his or her job functions due to drug or alcohol induced impairment may
be suspended pending receipt of written test results and whatever inquiries may
be required.
10. Appeal of a Drug or Alcohol Test Result
10.1 An employee 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
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from some cause other than drug and/or alcohol use. The City will require an
MRO (Medical Review Officer) to determine a final decision.
10.2 An employee whose drug and/or alcohol test is confirmed as positive will be
offered the opportunity to obtain an independent test, at the employee's
expense, of the non-tested split sample portion of the original urine specimen
that yielded the positive result, at an alternative SAMSHA certified lab
(Substance Abuse and Mental Health Services Administration, under the
Department of Health and Human Services).
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 regular pay but will be permitted to
use any available sick or vacation leave in order to remain in an active pay
status. If the employee has no available sick or vacation 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 incurred 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:
a} has not received notification to report for drug and/or alcohol testing
authorized by this policy, prior to the request;
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 a City-approved rehabilitation 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 a City-approved
rehabilitation program.
11.3 An employee who has met the qualifications for rehabilitative assistance will be
given the opportunity to enter into a City-approved rehabilitation program.
Failure to enter the rehabilitation program or to complete the program according
to the prescribed program schedule is grounds for discipline up to and including
discharge without benefit of re-hire, or disbarment from the workplace.
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11.4 Participation in the rehabilitation program will be during times that will not conflict
with the employee's work time, except that the employee shall be required to use
any available sick leave or annual leave to be absent from the job with pay. The
City may place the employee on FMLA (Family Medical Leave Act) during any
absences from the job.
11.5 Assistance given by the City will be limited to:
a) medical benefits that may be available in the employee's medical benefits
plan.
b) rehabilitation programs that have been pre-approved by the City.
11.6 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/or alcohol related problems.
12. Inspections and Searches
12.1 The City may conduct unannounced general inspections and searches for drugs
and/or alcohol on City premises or in City vehicles or equipment wherever
located. Employees are expected to cooperate.
12.2 A search of an employee and his or her personal property may be made when
there is probable cause to conclude that the employee suffers from drug or
alcohol induced impairment or is otherwise in violation of this policy. A search of
an employee's personal property may include the examination of personal
vehicles on City property, lockers, purses, lunch boxes, clothing and other items
in the personal control of the employee. The searching technique may be aided
by drug detection dogs.
12.3 An employee's consent to a search based on probable cause, made of that
individual's personal property, is required as a condition of continued
employment and the employee's refusal to consent may be subject to discipline
up to and including discharge without benefit of re-hire, or disbarment from the
workplace.
12.4 Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on City
property will be turned over to appropriate law enforcement authorities 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.
12.5 Other forms of contraband, such as firearms, explosives, and lethal weapons will
be subject to seizure during an inspection or search. An employee who is found
to possess contraband on City property or while on City business will be subject
to discipline up to and including discharge without benefit of re-hire, or
disbarment from the workplace.
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12.6 If an employee is the subject of a drug-related investigation by the City or by a
law enforcement agency, the employee may be suspended without pay pending
completion of the investigation.
13. Confidentiality
13.1 All information relating to drug or alcohol testing or the identification of persons
as users of drugs and/or alcohol will be protected by the City as confidential unless
otherwise required by law, overriding public health and safety concerns, or
authorized in writing by the persons in question.
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Appendix A
Date
Employee Name and Address
RE: Conditional Offer of Employment
Dear (name),
Please consider this letter the City of La Porte's conditional offer of employment to you.
Based on confirmation that you have passed a post-job offer drug/alcohol test; a
physical examination; and attended a mandatory employee orientation, you will begin:
your position of:
on the anticipated date of:
at an hourly rate of: $
plus the standard employee benefit package for this position.
The position you have accepted is categorized as: Public Safety / Safety Sensitive /
Security Sensitive.
This means that in addition to the post-job offer drug/alcohol testing, you will be subject
to random drug/alcohol testing as a condition of continuing your employment.
Please contact the Human Resources Division to pick up the paperwork and
information concerning your drug test and physical examination. If you need additional
information, please call me at (281) 470-5027. I will contact the appropriate
Department/Division once you have completed the required post-job offer process.
Sincerely,
Human Resources Specialist
c: Personnel File
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APPENDIX B
CONDITIONAL OFFER OF EMPLOYMENT ACKNOWLEDGEMENT
I,
acknowledge that the City of La Porte has offered me the position of:
to begin on the anticipated date of:
based on an hourly rate of:
$
plus the standard employee benefit package for this position.
I also understand that this offer of employment is conditional on confirmation that I pass
a post-job offer drug/alcohol test and physical examination and attend a mandatory
employee orientation.
I have been informed that the position I have accepted is categorized as:
Public Safety / Safety Sensitive / Security Sensitive.
which means that in addition to the post-job offer drug testing, I will be subject to
random drug/alcohol testing as a condition of continuing my employment with the City
of La Porte.
I understand that if Human Resources personnel confirm I DID NOT pass the post-job
offer drug/alcohol test and/or physical examination, the City of La Porte may rescind
this job offer immediately.
Signature
Date
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APPENDIX C
CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
Adopted by City of La Porte - June 1990
Revised January, 2005
CONSENT TO POST -JOB OFFER EMPLOYMENT DRUG AND ALCOHOL TEST
I understand it is the policy of the City to conduct biological tests for the purpose of detecting
the presence of illegal drugs and lor alcohol. I further understand that one of the requirements
for further consideration of employment with the City is the satisfactory passing of the City's
biological drug and/alcohol test.
I agree to take a biological test as part of the regular post-job offer employment screening
process conducted by the City and understand that a favorable test result does not necessarily
guarantee that I will be employed by the City.
I agree to take random biological 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/alcohol-testing agency to release to the City the results of any
drug tests made of my biological specimens so that I may qualify for employment.
If I refuse to take a drug/alcohol test, or if evidence of the use of illegal drugs and/or alcohol is
discovered, either through testing or other means, the post-job offer screening process will be
terminated I and I will not be considered for employment.
At this time I hereby consent to a drug test.
(Signature of witness)
(Signature)
(Printed name)
(Date)
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CITY OF LA PORTE
POSITION CATEGORIES FOR POST-JOB OFFER! RANDOM DRUG TESTING
:SAFETV:"' SENSITIVEP.Q'$f"fiON-S ...-:;? ~::::Il
A "Safety Sensitive Position" means a position having a substantially significant degree of responsibility for the
safe operation of motor vehicles and motor carrier service where the unsafe performance of an incumbent could
result in death or injury to self or others. Safety sensitive positions include, but are not limited to: operations
supervisor, mechanics. positions requiring a CDL and anyone supervising employees in the aforementioned
positions.
PARKS AND RECREATION DEPARTMENT
Park Maintenance Superintendent
Building Maintenance Technician Supervisor
Building Maintenance Technician
Park Maintenance Supervisor
Sr. Park Maintenance Worker
Park Maintenance Worker II
Park Maintenance Worker I
Special Services Superintendent
Senior Services Coordinator
Senior Services Assistant
Senior Services Assistant I
Senior Services Recreation Specialist
Recreation Therapist
Assistant Recreation Therapist
Therapeutic Recreation Specialist
Pool Managers
Lifeguards
Home Delivery Meals Driver
PUBLIC WORKS DEPARTMENT
Street Maintenance Superintendent
Street Maintenance Supervisor
Senior Equipment Operator
Equipment Operator II
Equipment Operator I
Mosquito Control Technician
Equipment Services Superintendent
Equipment Services Supervisor
Senior Mechanic
Mechanic
Mechanic Assistant
Parts Manager
Parts Assistant
Water Production Supervisor
Water Production Operator II
Utility Superintendent
Assistant Utility Superintendent
Utility Supervisor
Senior Utility Maintenance Operator
Utility Operator II
Utility Operator I
Senior Lift Station Operator
Lift Station Operator
Treatment Plant Supervisor
Senior Treatment Plant Operator
Treatment Plant Operator II
Solid Waste Superintendent
Solid Waste Supervisor
Solid Waste Worker
Industrial Waste Inspector
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INSPECTIONS DEPARTMENT
Chief Inspector
Chief Building Offical
Inspector I
Inspector II
Inspection Services Coordinator
Inspection Services Technician
PLANNING & ENGINEERING DEPARTMENT
Survey Party Chief
Survey Technician
Public Improvement Coordinator
UTILITY BILLING DEPARTMENT
Meter Reader Supervisor
Meter Reader
[p'(fB1Jc~fflpOSITIONS:; . . .::-=;:'~
A "Public Safety Position" means a position in the police or fire department having a substantially significant
degree of responsibility for the safety of the pUblic where the unsafe performance of an employee could result in
the death or injury to self or others, including but not limited to all sworn personnel, emergency communication
clerks, police clerks working within the dispatch section, supervisor positions, firefighter/paramedic, dispatcher,
mechanics, fire apparatus engineers, fire investigators and fire inspectors.
POLICE DEPARTMENT
Police Chief
Assistant Police Chief
Patrol Officer
Patrol Lieutenant
Patrol Sergeant
CID Sergeant
CID Lieutenant
Special Operation Sergeant
Special Operation Lieutenant
Crime Prevention Officer
Animal Control Supervisor
Animal Control Officer
DOT Officer
Public Safety Attendant
Dispatcher II
Dispatcher I
School Crossing Guard
City Marshal
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FIRE DEPARTMENT
Fire Marshal
Assistant Fire Marshal
Assistant Fire Chief
Fire Engineer
Fire Captain
Fire Chief
Deputy Chief
Volunteer Fire
EMS Chief
Assistant EMS Chief
EMS Shift Supervisor
Paramedic I
Paramedic II
Paramedic III
EMS Relief Medic
:sEc1JRifi-;SENSI1:"i.E~p.OSlrONS', '<"/~ '~1
Positions that require the incumbent to handle or be responsible for any type of money and/or is responsible
for sensitive equipment. such as computers, etc.
Golf Course Manager
Golf Course Superintendent
First Assistant Golf Pro
Second Asst. Golf Pro
Golf Coordinator
Clubhouse Cashier
Computer Support Specialist
MIS Manager
Computer Systems Administrator
Court Administrator
Chief Deputy Court Clerk
Deputy Court Clerk
Finance Director
Assistant Finance Director
Budget Investment Officer
Financial Services Manager
Financial Services Technician
Tax Manager
Customer Service Clerk
Accountant
Utility Billing Coordinator
Billing Supervisor
US Assistant II
UB Assistant I
Office Coordinator
Custodian
Customer Service Assitant
Recreation Superintendent
RFC Coordinator
Aquatic/Special Events Coordinator
Fitness Center Specialist
Assistant RFC Coordinator
Customer Service Assistant
Office Manager
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CITY OF LA PORTE
COMMERCIAL MOTOR VEHICLE
SUBSTANCE ABUSE POLICY
The City of La Porte has a vital interest in maintaining a safe, healthful, and efficient
working environment. Being under the influence of an illegal 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, manufacture, purchase, transfer, or possessi<?n 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.
The City of La Porte 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.
SCOPE OF POLICY
This policy applies to all employees who hold a commercial driver's license and are
required as part of their employment to operate commercial motor vehicles for the City,
as well as to applicants for positions requiring the operation of commercial motor
vehicles, as the term commercial motor vehicle is a defined under Title 49 C.F.R. Part
382. All employees and applicants for positions requiring the operation of commercial
motor vehicles are subject to the U.S. Department of Transportation substance abuse
testing procedures promulgated under Title 49 C.F.R. Part 40, and Title 49 C.F.R. Part
382. This policy does not apply to individuals exempted from the requirements of Title
49 C.F.R. Part 383 by the State of Texas, relating to holders of commercial drivers
licenses.
DEFINITIONS
For the purposes of this policy, the term:
. "under the influence" means a condition in which a person is affected by an
illegal 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 lay person.
. "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.
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. "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.
. "adulterated specimen" means a specimen that contains a substance that
is not expected to be present in human urine, or contains a substance expected to be
present but is at a concentration so high that it is not consistent with human urine.
. "substituted specimen" means a specimen with creatinine and specific
gravity values that are so diminished that they are not consistent with human urine.
. "alcohol" means any beverage that contains ethyl alcohol (ethanol),
including but not limited to beer, wine and distilled spirits.
. ''possession'' is meant to also include the presence in the body system of
any detectable amount of an illegal drug.
. "biological testing" means the scientific analysis of urine, blood, breath,
saliva, hair, tissue, and other specimens of the human body for the purpose of detecting
an illegal drug or alcohol.
. "for cause situation" is any situation in which an employee's job
performance is in conflict with established job standards relating to safety and efficiency,
based on objective facts sufficient to lead a prudent person to conclude that the
employee is unable to satisfactorily conform to established job standards due to drug
and/or alcohol impairment. Such inability to perform job functions may include, but is
not limited to, decreases in the quality or quantity of the employee's productivity,
judgment, reasoning, concentration and psychomotor control, and marked changes in
behavior. The term includes accidents, near accidents, erratic conduct suggestive of
illegal drug or alcohol use, any unsafe performance behaviors, and unexplained
deviations from productivity.
. "Company premises or Company facilities" means all property of the
Company, including but not limited to the plant facility and surrounding areas on
Company-owned or leased property, parking lots, and storage areas. The term also
includes Company-owned leased or used vehicles and equipment wherever located. It
also includes the premises where the Company performs contract services.
. "reasonable belief' means a belief based on objective facts sufficient to
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lead a prudent person to conclude that a particular person performed a particular act.
. "contraband" means any article, the possession of which on Company
premises or while on Company business, causes an employee to be in violation of a
Company work rule. Contraband includes illegal drugs and alcoholic beverages, drug
paraphernalia, lethal weapons, firearms, explosives, incendiaries, stolen property,
counterfeit money, untaxed whiskey, and pornographic materials.
. "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.
NOTIFICATION TO EMPLOYEES
The Company will notify employees of this policy by:
. Giving to each employee a copy of the policy and obtaining a written
acknowledgment from each employee that the policy has been received,
read, and understood.
EDUCATION
All supervisors and other management personnel are to be trained in:
. Detecting the signs and behavior of employees who may be using illegal
drugs or alcohol in violation of this policy.
. Intervening in situations that may involve violations of this policy.
. Recognizing the above activities as a direct job responsibility.
Employees are to be informed of:
. The health and safety dangers associated with illegal drug and alcohol
use.
. The provisions of this policy.
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PROHIBITED ACTIVITIES
Legal Drugs
It is the responsibility of every employee at work to be free of the influence of any
impairing substances, including legal drugs. The purpose of this provision is not to prohibit
the proper use of a legal drug by an employee at work, but to require the employee to
determine the potential impairing effects that off-the-job or on-the-job use of the legal
drug in question may have upon the employee's safe and productive performance at the
workplace. When an employee has determined that use of the legal drug will have an
impairing effect on his or her safe and productive performance, the employee will be
required to report this to the supervisor.
The Company at all times reserves the right to judge the effect that a legal drug may have
upon work performance and to restrict the using employee's work activity or presence at
the workplace accordingly.
Illegal Drugs, Drug Paraphernalia, and Alcohol
The use, sale, purchase, transfer, manufacture or possession in any detectable manner
of an illegal drug or alcohol by any employee including contract employees while on
Company premises or while performing Company business is prohibited.
The sale, purchase, transfer, or possession of drug paraphernalia by any employee
including contract employees, on Company premises or while performing Company
business is prohibited.
BIOLOGICAL TESTING
Current Employees
The Company may perform biological testing of an employee:
. In for cause situations.
. Following an accident or near accident.
. During routine health evaluations
. On a random basis determined appropriate to assure safe operations.
. Return to duty.
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An employee's consent to submit to biological testing is required as a condition of
employment and the employee's refusal to consent will result in termination of
employment.
An employee who is tested as the result of involvement in a for cause situation may be
suspended, without pay, pending completion of whatever inquiries may be required.
Job Applicants
All applicants for employment will be subject to biological testing. If evidence of the use
of illegal drugs by an applicant is discovered, either through biological testing or other
means, the employment process will be suspended. If the applicant refuses to take a
biological test, the employment process will be suspended.
INSPECTIONS AND SEARCHES
The Company may conduct unannounced general inspections and searches for illegal
drugs or alcohol on Company premises or in Company vehicles or equipment wherever
located. Employees, including contractual employees, are expected to cooperate.
Search of an employee and his or her personal property may be made when there is
reasonable belief to conclude that the employee is in violation of this policy.
An employee's consent to a search is required as a condition of employment and the
employee's refusal to consent will result in discharge, even for a first refusal. Contractual
employees who fail to consent will be banned from the job site.
Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on Company
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 biological
testing vendor for scientific analysis.
Other forms of contraband, such as firearms, explosives, and lethal weapons, will be
subject to seizure during an inspection or search. An employee who is found to possess
contraband on Company property or while on Company business will be subject to
discipline up to and including discharge. Contractual employees who are found to be in
possession of contraband will be banned from the job site.
If an employee is the subject of a drug-related investigation by the Company or by a law
enforcement agency, the employee may be suspended, without pay, pending completion
of the investigation. Contractual employees who are the subject of a drug-related
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investigation by the Company or by a law enforcement agency will be banned from the
job site pending completion of the investigation.
DISCIPLINE
Any employee who uses, possesses, manufactures, distributes, sells, attempts to sell or
transfers illegal drugs on Company premises or on Company business will be
immediately discharged. Any contractual employee who uses, possesses, manufactures,
distributes, sells, attempts to sell, or transfers illegal drugs on Company premises or on
Company business will be immediately banned from the job site.
Any employee who refuses to undergo biological testing, adulterates the specimen or
substitutes the specimen will be immediately discharged. Any contractual employee who
refuses to undergo biological testing, adulterates the specimen or substitutes the
specimen will be immediately banned from the job site.
REHABILITATION
The Company considers illegal drug or alcohol abuse a self-induced illness and will not
provide financial assistance to treat it.
The Company will provide to employees information concerning substance abuse
treatment programs. Information concerning both publicly and privately funded local
community resources will be made available.
APPEALS
An employee whose biological test is reported positive will be asked in a confidential
. meeting with the Company's Medical Review Officer to offer an explanation. The purpose
of the meeting will be to determine if there is any reason that a positive test could have
resulted from some cause other than illegal drug or alcohol use, that is in violation of this
policy.
The employee may have the remaining portion of the urine specimen tested by an
independent lab, at his/her own expense. Additionally, the employee may have the test
results reviewed by a licensed physician with knowledge of substance abuse disorders, at
his/her own expense.
An appeal that merits further inquiry may require that the employee be suspended without
pay until the inquiry and the appeals process are completed. If the conclusion of the
appeal is in the employee's favor, the employee will be reinstated without payment for
wages lost during suspension.
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AMNESTY
Unannounced biological testing will not be conducted during a period of thirty days
immediately following the effective date of this policy. The purpose of an amnesty period
is to allow employees who are using illegal drugs to discontinue use without fear of
detection by unannounced testing, and to allow employees whose illegal drug use
requires medical assistance to enroll in rehabilitation programs without prejudice to their
jobs.
Amnesty will not apply to biological testing for Pre-employment and Post-accident
situations.
CONFIDENTIALITY
All information relating to biological testing or the identification of persons as users of
illegal drugs and alcohol will be protected by the Company as confidential, unless
otherwise required by law, overriding public health and safety concerns, or authorized in
writing by the person in question.
RESERVATION OF RIGHTS
The Company may modify, rescind or change this policy without notice. In addition, this
policy shall not constitute nor be deemed a contract or promise of employment.
SAVINGS CLAUSE
If any part of this policy is held invalid by a competent authority, or by changes in local,
state or federal legislation or U.S. Department of Transportation regulations or rules, such
part shall be deemed invalid and the remainder of the policy shall continue in full force
and effect.
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ACKNOWLEDGEMENT AND CONSENT
Commercial Motor Vehicle Substance Abuse Policy
Please sign, date, and return this form to your supervisor as soon as possible.
I HAVE RECEIVED AND READ A COPY OF THE CITY OF LA PORTE COMMERCIAL
MOTOR VEHICLE SUBSTANCE ABUSE POLICY. I UNDERSTAND THAT THIS
POLICY IS PART OF THE COMPANY'S PERSONNEL RULES AND REGULATIONS
AND THAT IT APPLIES TO ALL EMPLOYEES WHO HOLD A COMMERCIAL DRIVER'S
LICENSE AND ARE REQUIRED AS PART OF THEIR EMPLOYMENT TO OPERATE
COMMERCIAL MOTOR VEHICLES.
Print Name
Social Security Number
Signature
Date
Witness
Date
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 01-10-2005
Appropriation
Requested By: Shl'rri Samp!ilon
Source of Funds:
Department:
Humall Re~ourreli
Account Number: 6062-515.50-08
Report:
Resolution:
Ordinance:
x
Amount Budgeted: 21,000
Exhibits: Ordinance 2001-1708-B
Amount Requested: "J ,000
Exhibits: Dru2 and Alcohol Abuse Policy
Budgeted Item: YES NO
Exhibits: c.ommercial Motor Vehicle SlIhdance Ahll!ile Policy and Procedures
SUMMARY & RECOMMENDATION
Please include an agenda item request to replace Ordinance No. 2001-1708 - A. Ordinance No. 2001.1708 - B, will
replace the previous Drug and Alcohol Abuse Policy and Procedures for the City of La Porte with 2 separate
policies. The "Drug and Alcohol Abuse Policy" will apply to elected and appointed City officials, all employees,
contract employees in designated positions; and all job applicants for public safety, safety sensitive and security
sensitive positions. The second policy, "Commercial Motor Vehicle Substance Abuse Policy" will apply to all
employees who hold a commercial driver's license and are required as part of their employment to operate a
commercial motor vehicle for the City, as well as to applicants for positions requiring the operation of commercial
motor vehicles, as the term commercial motor vehicle is defmed under Title 49 C.F.R. Part 382.
The City of La Porte has a vital interest in maintaining a safe, healthful and efficient working environment. Being
under the influence of an illegal 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, manufacture, 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..
The City further expresses its intent through these policies to comply with Federal and State rules, regulations, or
laws that relate to the maintenance of a workplace free from illegal drugs and alcohol.
Both policies will be effective on February 01,2005. Unannounced biological testing will not be conducted during
a period of thirty days immediately following the effective date of these policies. Amnesty will not apply to
biological testing for pre-employment and post-accident situations.
Action Required bv Council:
Consider approving request to replace previous ordinance.
Approved for City Council Aeenda
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Date