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HomeMy WebLinkAboutR-3264-11-14RESOLUTION NO. 3264-11-14(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING AMENDMENTS TO CHAPTER 16, "DRUG-FREE WORKPLACE," OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council previously adopted the City of Allen Personnel Policies and Procedures Manual on June 20, 1991; and, WHEREAS, the policy contemplates that from time to time revisions and amendments should be made to the manual; and, WHEREAS, it is the responsibility of the City Council to adopt amendments to the manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City of Allen Personnel Policies and Procedures Manual is hereby amended by the policy attached hereto as Exhibit "A" and is hereby approved. SECTION 2. The City Council directs the City Manager, or designee to codify and promulgate the revised policies set forth herein for the benefit and understanding of all City employees. ' SECTION 3. All resolutions of the City of Allen, Collin County in conflict with this resolution are hereby repealed. SECTION 4. The City of Allen Personnel Policies and Procedures Manual as amended herein shall continue in full force and effect until amended or repealed by resolution of the City Council. SECTION 5. This resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 111" DAY OF NOVEMBER, 2014. M Step en Yerrell, MAYOR ATTEST: ' Shelley)3. George, , Clw SECRETARY EXHIBIT "A„ ' CHAPTER SIXTEEN DRUG-FREE WORKPLACE 16.01 PURPOSE The City Administration recognizes that drug-free, healthy employees are essential to having a productive, service-oriented work force. Additionally, it is recognized that happiness, mental health, and a stable family unit, is consistent with non -drug use. To that end, Administration seeks to prevent drug use/abuse during employment with the City of Allen. This policy is designed to eliminate drug and alcohol abuse and its effects in the workplace. A second and equally important issue is the responsibility of government to the taxpayers and citizens of Allen to ensure that there is not deterioration of trust in public employees. While it is recognized that the consequences of drug abuse are guided by the individual job classification, this policy serves as an umbrella for all departments. Drug and/or alcohol testing will be conducted based on reasonable suspicion, following accidents, prior to employment and randomly for certain employees. The purpose for drug and alcohol testing is to promote a DRUG-FREE WORK ENVIRONMENT and to protect the employee who might be impaired by the use of a controlled substance, his/her fellow employees, and the general public, from harts or injury. The use of alcoholic beverages as authorized by the City Manager at City -sponsored social functions shall be permitted if such social functions do not occur in the workplace, on City property, in any City facility during working hours, in a City uniform, or in a City vehicle. Employees are not allowed to purchase or consume alcoholic beverages while in uniform at any time. ' 16.02 DEFINITIONS In order to maintain a drug-free workplace, an employee may not manufacture, distribute, dispense, possess, use or be under the influence of the following substances or drug paraphernalia in the workplace, during working hours, otherwise discharging duties as an employee, or in a City vehicle: 1. Illegal drugs, controlled substances, or controlled substances analogues as used in this policy is defined by Texas Health and Safety Code, as amended Section 481.002 (5) and (6). Marijuana and abusable glues and aerosol paints (inhalants) as defined in Vernon's Texas Codes Annotated Health and Safety Code, as amended Section 485.001. 2. Alcoholic beverages means alcohol or any beverage containing more than one-half of one percent of alcohol by volume alone or when diluted. 3. Drug paraphernalia means equipment, a product or material of any kind as defined in the Texas Health and Safety Code, Section 481.002 (17). Under the influence of illicit drugs shall mean having present in the body or urine a quantity of an illicit drug sufficient to register a positive result on the drug screen utilized by the City, the testing parameters of which are set forth as follows: CUT-OFF LEVELS Blood/Urine Substance Breath a) Cannabinoids (Marijuana) 50NG/ML ' b) Amphetamines 1000 NG/ML c) Cocaine 300 NG/ML d) Opiates 2000 NG/ML e) Phencyclidine (PCP) 25 NG/ML Resolution No. 3264-11-14(R), Page 2 J) Barbiturates 300 NGIML g) Benzodiazepines 300 NG/ML h) Propoxphene 300 NG/ML i) Methadone 300 NG/ML j) Methaquale 300 NG/ML Under the influence of alcoholic beverages is defined as follows a Not having the normal use of mental or physical faculties by reason of the introduction of alcohol into the body; or b. Having an alcohol concentration equal to or greater than 0.04 grams of alcohol per 100 milliliters of blood; or c. Having an alcohol concentration equal to or greater than 0.04 grams of alcohol per 210 liters of breath. 16.03 TRAINING 16.03 A EMPLOYEES In an effort to promote this policy, managers will make their employees available for training regarding substance abuse prevention. Employees will be required to attend training, read and discuss the City of Allen's written Substance Abuse Policy or educational materials regarding substance abuse. Employees shall be required to sign a statement that they have read and understand the City of Allen's written policy on substance abuse. Employees and their family members will receive periodic brochures and information about preventing substance abuse in their family. This may include payroll stuffers, brochures mailed directly to the employees' homes, and information ' about the prevention activities available in their community. 16.03 B MANAGERS Managers (mid-level and Department Heads) will receive training and information, which will assist them in determining the presence of substance abuse, including, but not limited to: 1. Attendance at work; 2. Absences—leaving early from work, arriving late at their work site; 3. Completion of assigned work; 4. Use of sick leave; 5. Punctuality in work and frequency of leaving work early or tendency to "disappear" for periods during the day; 6. Excessive use of health claims; 7. Use of disability payments; and 8. Availability and willingness to perform work in an overtime status (if applicable). 16.04 TESTING To insure compliance with the rules of this Substance Abuse Policy, the City may require that an employee or job applicant submit to a blood, urine and/or breathalyzer test to detect the presence of illegal drugs or alcohol and as a condition of employment or continued employment under the following circumstances: ' 1. Prior to employment with the City of Allen, all persons shall be required to submit to a drug urine test as a part of the pre-screening process. An unconditional job offer is extended when results are negative for the presence of drugs at levels defined by Chapter 49 of the Texas Penal Code. Resolution No. 3264 -I1 -14(R), Page 3 2. All employees who have sustained an injury or who are involved in an accident while on duty, shall be required to submit to a drug and alcohol urine test in the following situations: a. When an employee sustains a job injury which reasonably may require medical attention. b. When an employee is involved in an accident in which safety regulations, orders or protocol are violated or which results in damage to equipment or property. c. When an employee is involved in any vehicle accident. Drug testing shall not be required if an employee sustains an injury due to the intentional conduct or deliberate acts of another individual or the employee is bitten or attacked by an animal. 3. All employees shall be required to submit to drug and alcohol testing via blood, urine and/or breath alcohol tests if one of their supervisors has a reasonable suspicion. This suspicion must be based on specific, observable facts that the employee is in violation of the rules of this policy or any other disciplinary rule of the City of Allen relating to drug or alcohol use. The Human Resources Director or designee must approve any drug and alcohol test ordered under reasonable suspicion. Reasonable suspicion may be based on, but is not limited to, the following criteria: a. Direct observation of drug or alcohol use or possession; or b. Physical symptoms of being under the influence of a drug or alcohol such as smell of alcohol, poor coordination or reflexes, significant confusion, disorientation, glassy or blood shot eyes and slurred speech; or ' c. A pattern of abnormal or erratic behavior, including on thejob accidents; or d. Any arrest or conviction for a drug or alcohol related offense or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking; or e. Information provided by reliable and credible sources or information which is independently corroborated; or f Any evidence that an employee has tampered with a previous drug and/or alcohol test. 4. All employees who have been promoted within their division or promoted to another department shall be required to submit to a routine physical examination as a condition of the promotion if the position being promoted into has a physical requirement of "medium" or greater. If the employee is performing in a position with a physical requirement of "medium" or greater prior to the promotion the physical requirement is waived. 5. Random testing will be directed by the Human Resources Director or designee. If random testing occurs, it will be done consistently and methodically without preference and partiality based on a random selection method developed by the Human Resources Department that insures impartiality. All appropriate employees will be included in the random testing program. All drug testing will be done in a manner that will minimize inconvenience to employees, while maximizing its accuracy. Random sample selection (employees and dates for test) will be done with a computer program for statistical ' random validity monitored by the Human Resources Department. 6. All employees who are subject to United States Department of Transportation rules regarding safety sensitive positions shall be subject to a breath test for alcohol and urine test for the presence of illicit drugs at detectable limits established by the Department of Resolution No. 3264-11-14(R), Page 4 Transportation. Such employees may be subject to the following types of tests pursuant to the Department of Transportation rules: pre-employment tests, post -accident tests, ' random tests, and reasonable suspicion tests, return to duty tests and follow-up tests. Refusal to be tested in any of the aforementioned circumstances may result in non -selection for an applicant or discipline up to and including termination. The City of Allen reserves the option to substitute a blood or urine test with a breath alcohol test performed by local law enforcement officials or appropriately trained medical personnel. 16.05 NOTIFICATION Pursuant to the Drug -Free Workplace Act, the City of Allen requires employees to notify his/her supervisor of any criminal State or Federal drug statute conviction for a violation occurring in the workplace by the employee no later than five days after the conviction. 16.06 OVER-THE-COUNTER/ PRESCRIPTION DRUGS The City of Allen reserves the right at all times to determine the effect(s) that a prescribed drug may have upon an employee's work performance and to restrict the employee's work activity or presence at the work place accordingly. The City also reserves the right to have a physician of its own choice determine if the medication at the prescribed dosage produces hazardous effects, and may restrict the employee's work activity or whether such use is for a non -therapeutic purpose. It is the employee's responsibility to inform the Human Resources Department when he/she is taking an over-the-counter or prescription medication the label of which cautions against driving or operating heavy machinery or which produces adverse reaction that could affect driving or operating heavy machinery. In this instance, employees will temporarily be removed from driving or operation of heavy equipment status unless the prescribing physician specifically permits driving. Failure to notify Human Resources may result in discipline up to and including termination. 16.07 REHABILITATION The City of Allen encourages employees and dependents to seek early voluntary treatment for substance abuse problems through the City's Employee Assistance Program (EAP), which provides counseling and referral services. However, those who are discovered by drug testing, being intoxicated or having a detectable amount of alcohol in their system or being in possession of controlled substances or alcoholic beverages while on duty, are subject to discipline and will be held to the full intent of this substance abuse policy and the law, when it exceeds this policy. 16.08 FOLLOW-UP An employee who voluntarily entered a drug or alcohol rehabilitation program, including EAP, approved by the City Manager, may be required to submit to additional drug tests at any time for up to 60 months after successfully completing a drug or alcohol rehabilitation program. If an employee who voluntarily entered an approved drug or alcohol rehabilitation program subsequently tests positive for illicit drugs, he/she will be subject to immediate discipline up to and including termination. ' 16.09 CONFIDENTIALITY Laboratory reports or test results shall be maintained in the Human Resources Department in a confidential medical file separate from the employee's official Personnel files. The reports or test Resolution No. 3264-11-14(R), Page 5 results may be disclosed to City management strictly on a need -to -know basis and to the tested employee or applicant upon request. Disclosures, without patient consent, may also occur when: ' a. The information is compelled by law or byjudicial or administrative process; b. The information has been placed at issue in a formal dispute between the employer and employee; c. The information is to be used in administering an employee benefit plan; d. The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. 16.10 REFUSAL Refusal to submit to drug and alcohol testing when required by the City of Allen will result in automatic termination of an employee from employment or rejection of ajob applicant. Under the provisions of this policy for purposes of investigations, all employees of the City of Allen are required to sign the "Notice of Administrative Inquiry." 16.11 POSITIVE RESULTS Termination of an employee or automatic rejection of ajob applicant will also occur if the employee or job applicant submits a urine, blood or breath sample which tests positive for the presence of controlled substances. All breath samples with an alcohol concentration of 0.04% or greater are grounds for termination. An alcohol concentration of 0.02% or greater, but less than 0.04%, may be subject to disciplinary actions up to and including termination. For the purposes of this policy, based on a breath sample showing a concentration of 0.02% or higher, the City may also derive an employee's blood alcohol level back to their arrival time at work. If an employee is subject to ' United States Department of Transportation rules regarding safety sensitive positions, those rules will take precedence over the rules in this policy pertaining to drug and alcohol testing and detectable limits. However, administrative disciplinary actions, if necessary, will occur under the full extent of this Substance Abuse Policy. It shall be an affirmative defense under this policy that the employee or job applicant has a valid prescription from a licensed medical practitioner for the positively tested, controlled substance, or has ingested an over-the-counter medication administered in accordance with the manufacturer's instructions. The controlled substance taken from a therapeutic purpose prescription must be taken in the prescribed dosage by the employee or job applicant and shall be prescribed for the employee or job applicant who tests positive. The burden of proving such defense as provided herein shall rest on the employee orjob applicant. All employees who are terminated for testing positive for illicit drugs or alcohol, tampering with a urine or blood sample or refusing to take a drug test shall be ineligible for rehire with the City of Allen, unless such rehire is required by law. Resolution No. 3264-11-14(R), Page 6