HomeMy WebLinkAboutR2011-026RESOLUTION NO. 82011-026
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY
PERSONNEL POLICY REGARDING ANTI-SUBSTANCE ABUSE AND
REHABILITATION; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. Policy numbered 108.12 "Anti-Substance Abuse and Rehabilitation" of the
Personnel Policies and Procedure Manual of the City of Denton attached hereto and incorporated
by reference herein, is hereby approved as official policy of the City of Denton, Texas, and
replaces former policy 108.12.
SECTION 2. The foregoing policy is attached hereto and made a part hereof and shall be
filed in the official records with the City Secretary.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /1~ 1# day of J~Z& , 2011.
A -Bi1RB10UGffW/ MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Oat) n I if ),q X.~(_,1~i
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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CITY OF DENTON PAGE 1 OF 19
POLICV/ADMINISTRATIVE. PROCEDURF/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES
REFERENCE NUMBER:
108.12
SUBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES
INITIAL EFFECTIVE
DATE: 07/15/91
TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION
LAST REVISION DATE:
POLICY
07/12/11
POLICY STATEMENT:
The City of Denton recognizes that employee substance abuse can have a serious, adverse impact on its
image as a major employer in Denton, its ability to deliver quality services to its citizens, and the general
health, welfare, and safety of its employees and the public. The pervasive presence of substance abuse in our
society and the adverse effect on employee health, safety, and productivity in the work place requires the
establishment of an Anti-substance Abuse and Rehabilitation Program.
The City, in considering its daily operations of providing quality services to its citizens, recognizes its
responsibility to implement appropriate measures necessary to the safe, efficient, and effective use of its
resources, people, facilities, equipment, and finances. It is the City's responsibility to ensure public trust
and, in doing so, must implement comprehensive safety measures that protect the well-being of its
employees and citizens.
It is the policy of the City that employees are prohibited from manufacturing, using, possessing, selling,
distributing, consuming, or transporting any controlled substances as defined by the Federal Controlled
Substances Act or the Texas Controlled Substances Act, or any alcoholic beverages or intoxicating
substances on City property or at any time when conducting City business or performing their job duties and
responsibilities, including during any lunch or rest breaks that may be given in which the employee is
required to return to work immediately following.
An employee is prohibited from performing his or her job duties while under the influence of alcohol or
drugs, or if performance is impaired, while under the influence of lawfully prescribed or over-the-counter
substances. An employee shall not have drugs or alcohol in his or her urine, blood stream, or breath except
pursuant to a valid personal prescription. An employee shall not use or possess alcohol outside of work hours
on City property where prohibited by this policy, state, or local law. An employee should not use or possess
alcohol or drugs during any lunch or rest breaks that may be given in which the employee is required to
return to work immediately following. The employee shall not use alcohol or drugs while wearing a City of
Denton uniform or any other article of clothing furnished by the City to employees with an approved City of
Denton logo(s) (refer to Public Usage and Standards Policy no. 505.02) or name, irrespective of whether the
employee is on duty.
There is no intent to intrude upon the private lives of employees or applicants. However, the City is
concerned with those job-related situations where the use of drugs or alcohol interferes with the health and
safety of employees and the public, affects the employee's work performance during work hours, adversely
HR/POLICY/108.12
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TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER:
108.12
affects the job performance of other employees, is considered serious enough to be detrimental to the City's
conduct of business, or affects the reputation of the City to the general public or threatens its integrity.
It is the policy of the City to have an appeal process in the case of employees with confirmed positive tests for
drugs or alcohol and to deny employment to applicants with confirmed positive tests for drugs.
The City of Denton complies with all applicable regulations and drug and alcohol testing programs, including
the Department of Transportation (DOT) and American with Disabilities Act (ADA). Unless otherwise
specified, the City of Denton has adopted the drug and alcohol testing procedures and guidelines of the DOT.
This policy applies to all employees- regular full-time, regular part-time, temporary, and seasonal. Civil
Service employees are subject to the applicable provisions of Chapter 143 of the Texas Local Government
Code, Local Rules of the City of Denton Fire Fighters and Police Officers Civil Service Commission, and the
general orders of the Police and Fire Departments, which may include the provisions of this policy. This
policy also applies to persons serving in an official capacity as a volunteer for the City of Denton as outlined
in the Volunteer Procedures policy # 409.07.
ADMINISTRATIVE PROCEDURES:
1. Definitions
A. Adulterated test results occur when an agent is added to the urine sample by the donor at
the time of collection in an attempt to prevent detection of drug use.
B. Alcohol is defined as ethyl alcohol. Alcohol, as used herein, includes any beverage,
mixture, or preparation containing ethyl alcohol.
C. Alcohol testing is testing for blood alcohol content by an intoxilizer instrument
device operated pursuant to state law.
D. Cut-off levels are established by analytical methods in the laboratory to determine a
quantitative level of a drug in the body. The specific cut-off level is a standard selected
by the DOT.
E. City property or premises for purposes of this policy, includes ALL property, facilities,
buildings, structures, parking areas, and vehicles owned, operated, leased, or under control
of the City. An employee is not considered in violation of this policy by transporting or
possessing alcoholic beverages on City streets if he or she is:
1. off duty;
2. not wearing a City of Denton uniform or any other article of clothing furnished by
the City to employees with an approved City of Denton logo(s) or name;
3. not operating a City-owned, leased, or borrowed vehicle;
4. in a public access area; and
HR/POLICY/108.12
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5. in compliance with all applicable laws.
F. Detectable level indicates the presence of a drug or substance found in the body in
amounts exceeding an established cut-off level. A detectable level of alcohol, as defined
by the DOT, is .01 or greater.
G. Drug is a controlled substance, controlled substance analogue, narcotic drug, or opiate as
defined in Schedules I-V of the Federal Controlled Substance Act, or the Texas Controlled
Substance Act, Texas Health & Safety Code, Chapter 481, if obtained or used without a
valid prescription for the user or possessor (refer to section IV of this policy). This
definition includes but is not limited to marijuana, hashish, cocaine, heroin, morphine,
codeine, amphetamines, barbiturates, hallucinogens, inhalants producing mood and mind-
altering vapors, and substances chemically similar to these drugs.
H. Drug test is the collection of a urine specimen by trained personnel, laboratory analysis of
that specimen by Enzyme Immunoassay (EMIT) screening, and confirmation of
drug-positive EMIT tests using gas chromatography/mass spectrometry (GC/MS) methods
and procedures, or other medically acceptable technology (such as oral fluid drug testing)
deemed appropriate by the City of Denton.
1. Emergency Call-Back is defined as those employees that on a continuous basis may be
asked, but are not scheduled, to report to work outside of normal working hours in an
emergency situation.
J. Impaired is an employee's diminished capacity to perform duties of the job as determined
by a supervisor and/or physician's statement.
K. Intoxicating substances is defined to means those substances that are being utilized for
the intentional purpose of causing a physical or mind altering state.
L. Negative Dilute test results occur when the creatinine and specific gravity levels
approach "substituted" values, which might indicate that an attempt has been made by
the donor to avoid drug detection.
M. On-Call is defined as a period of time during which an employee is advised by his/her
supervisor to be accessible for return to work for operational requirements that may
develop outside normally scheduled work hours.
N. Paraphernalia is defined as equipment, a product, or material that is used or intended for
use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, or concealing a drug or in injecting,
ingesting, inhaling, or otherwise introducing into the human body a drug.
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0. Positive Dilute test results occur when it has been determined by the laboratory through
confirmation of the creatinine and specific gravity values that an attempt was made by the
donor to avoid drug detection by "flushing out" the drug or by lowering the level of the
drug to a concentration less than that of the testing cutoffs.
P. Random testing describes the process of testing that assures each employee has an equal
chance of being tested each time covered employees are selected for testing. All test results
and selected employee names are confidential, and records are maintained separate from
employee personnel files.
The Department of Transportation (DOT) regulates the percentage of covered
employees who are to be randomly tested for drugs and alcohol per calendar year.
2. Employees in other "safety sensitive" positions (as defined in section I-O of this
policy) are tested at a minimum of the rate as employees falling under DOT.
Q. Reasonable suspicion is a suspicion based on some objective fact derived from the
surrounding circumstances to lead a reasonable person to suspect that an employee may be
under the influence of alcohol or prohibited substances while on duty.
R. Safety-sensitive position is a job where an employee's use of drugs or alcohol could create
a threat to safety whereby the employee's ability to perform assigned duties is impaired and
the performance of those duties in such mental or physical condition creates or could create
a safety hazard that has caused or could cause injury or harm to the employee or other
employees or citizens or damage to property.
Examples of "safety-sensitive" positions may include, but are not limited to:
a. positions involving the use of a vehicle and/or motorized equipment, such as cars,
trucks of any size, tractors, mowers, trimmers, trash compactors, saws, and drills as
an incidental (10% of time or yearly average of 8 hours per pay period) or as a
primary duty (more than 50% of time)
b. positions using a deadly weapon
c. positions with access to controlled substances and/or hazardous
materials/chemicals as defined by the Texas Department of Health
d. positions falling under the Department of Transportation rules and regulations
e. fire civil service personnel, or
f. designated field personnel in water/wastewater utilities, electric utility, streets,
traffic, solid waste, and parks maintenance.
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S. Substituted test results occur when the creatinine concentration of the urine sample is less
than or equal to 5 mg/dL and the specific gravity of the urine sample is less than or equal to
1.001 or greater than or equal to 1.020 on both the initial and confirmatory creatinine and
specific gravity tests. These results suggest that the donor has altered the specimen to
avoid detection of drug use.
T. Unsuitable for testing test results occur when unidentified adulterants or endogenous
products are detected in the donor's urine and interfere with any of the testing process.
U. Vehicular Accident is defined as an event where any damage occurs to a vehicle, motor-
driven equipment, or other property, or where an injury occurs to any person, due to the
operation (use of or failure to use steering, braking, acceleration, and/or operational
systems) of a vehicle or motor-driven equipment by an employee. However, this does not
include normal wear and tear or incidents that the operator had no control over (such as
flying debris that cannot be avoided) as determined by the supervisor.
V. Work Hours includes any time an employee is performing work for the City.
II. Prohibited Items. The manufacture, use, possession, sale, distribution, consumption, or
transportation of any of the following substances by employees while on City property, conducting
City business, or performing job duties and responsibilities is prohibited. These violations will
result in notification of appropriate law enforcement personnel, reasonable suspicion drug, and/or
alcohol testing, and will result in disciplinary action, up to and including dismissal.
A. Drugs (as defined in section I-G of this policy)
B. Alcoholic beverages or other intoxicating substances (as defined in sections I-B and I-K of
this policy) -however, an employee may possess, consume, or transport alcoholic
beverages while off duty (in compliance with section I-E of this policy) unless local or
state law otherwise prohibits the possession or consumption of alcoholic beverages.
C. Drugparaphernalia (as defined in section I-N of this policy).
Prohibited items do not include the possession or transportation of any substance or item by
Police Department personnel in fulfillment of legitimate law enforcement activities, nor is this
description intended to infringe upon or impede any lawful law enforcement function associated
with the investigation of criminal offenses under the Federal or State Controlled Substances Act,
or ordinances of the City of Denton.
III. Prescriptions and Over-The-Counter Medications. Prescriptions and over-the-counter medications
are prohibited except when all of the following conditions are met:
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A. The prescription drugs are prescribed by a physician licensed to practice medicine in the
United States or its territories for the person in possession of the drugs;
B. The prescription has been filled by a registered/licensed pharmacist within the last twelve
(12) months for the person possessing the drug or medication;
C. The drugs or medications are ingested or administered only in the prescribed or
recommended therapeutic dosages;
D. The employee or applicant must be able to produce evidence of a valid prescription to a
medical review officer as requested, and
E. The employee taking the drug or medication has informed his or her supervisor that he or
she is taking a medication that could impair his or her ability to perform his or her job
duties, including but not limited to the operation of vehicles or motorized equipment.
The City, at all times, reserves the right to have a designated City physician determine if a
prescription drug or medication produces hazardous effects and may restrict the job duties
performed while using any drug or medication accordingly.
IV. Conferences
Employees attending training and conferences may participate in social functions associated with
the conference. This may include the consumption of alcohol, so long as the employee is not
wearing a City of Denton uniform or any other article of clothing furnished by the City to
employees with an approved City of Denton logo(s) or name and the employee's conduct does not
reflect adversely upon the City. Employees who consume alcohol at these functions shall follow
the law and exercise caution in driving personal vehicles and shall not operate a City-owned, City-
leased, or City-rented vehicle.
V. Emergency Call-Back
Employees subject to continuous emergency call-back are required to declare to their supervisors
the use of alcohol or drugs including prescribed medication that might affect their ability to perform
under an emergency. The supervisor shall determine if the employee is fit to work and in what
capacity.
VI. On-Call
Because employees with on-call status are potentially required to be actively working, an "on call"
employee is prohibited from consuming alcoholic beverages or using drugs that may impair his or
her performance. If an employee is taking prescription medication that may impair his or her
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performance when called back to work, he or she should notify his or her supervisor. The
supervisor shall determine if the employee is fit to work and in what capacity.
VII. Use of Substances Outside of Work Hours
An employee shall not use or possess drugs or alcohol outside of work hours on City property as
defined by section I-E, including during any lunch or rest breaks that may be given in which the
employee is required to return to work immediately following. An employee shall not use alcohol
or drugs before or after work hours while wearing a City of Denton uniform or any other article of
clothing furnished by the City to employees with an approved City of Denton logo(s) or name.
VIII. Notice of Testing Policy
The Human Resources Department shall provide informed and/or written notice of its drug and
alcohol testing policy to all job applicants and employees. The notice shall contain the following
information:
■ the need for drug and alcohol testing;
■ circumstances under which testing may be required;
■ the procedure for confirming an initial positive drug and/or alcohol test result;
■ consequences of a confirmed positive test result;
■ consequences of refusing to undergo a drug and/or alcohol test;
■ the appeal procedures available for a positive test result; and
■ the availability of drug abuse counseling and referral services.
Applicants will be notified of the City's policy to conduct drug testing as part of the employment
process. When an applicant reports to a testing site for testing, he or she shall first present valid
picture identification, such as issued by the Department of Public Safety or a passport to the tester.
IX. Consent
Before a drug or alcohol test is administered, the employee or job applicant will be required to
sign a consent form authorizing the test and permitting release of test results to those City
officials with a need to know or as required by law, except those exempt pursuant to DOT
regulations 49 Part CFR 40.27. The consent form shall provide space for employees and
applicants to acknowledge that they have been notified of the City's drug testing policy. By
continuing employment with the City of Denton, employees have consented to the adoption
of this policy and testing program.
A. Refusal to Test
1. Applicants: A job applicant who refuses to consent to a drug test will be denied
employment with the City.
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2. Employees: An employee who refuses to consent to a drug and/or alcohol test will be
subject to dismissal.
The consent form shall not be altered or changed by the applicant or employee.
Altering or refusing to sign the consent form shall be considered a refusal to consent
to the drug and/or alcohol test.
B. Complaints or Grievances
Any complaints or grievances about the testing procedure are to be made by the employee
through his/her normal chain of command pursuant to the City of Denton Problem Solving
Policy 115.02. Those conducting the testing shall not be harassed or abused either verbally
or physically during any drug or alcohol testing procedure. Any conduct that is perceived
by the testing personnel as harassing or verbally or physically abusing will be deemed as
failing to cooperate fully with the collection of breath, saliva, and/or urine samples and shall
be considered as insubordination and thus subject to disciplinary action up to and including
dismissal.
X. Types of Testing
A. Pre-Employment (Job Applicant Testing)
Upon a conditional offer of employment, all applicants are required to pass a drug screen prior
to his or her final appointment. An applicant will be notified of drug testing at the time of
application and will be allowed the opportunity to withdraw his or her application anytime upon
request.
B. Reasonable Suspicion
The decision to conduct reasonable suspicion alcohol and drug testing will be determined on a
case-by-case basis. Note: With reasonable suspicion, an alcohol test will be conducted first. If
the alcohol test is negative, then the employee will be subject to a drug test.
Criteria which may be used by appropriately trained management and supervisory personnel
to determine if a test for an employee is necessary include, but are not limited to, the
following:
a. Observed alcohol or drug use during working hours;
b. Apparent physical state of intoxication or drug induced impairment of motor
function;
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c. Incoherent or irrational mental state;
d. Marked changes in personal behavior or attitude not attributable to other factors;
e. Deteriorating work performance, attendance, or tardiness problems not attributable
to other factors;
f. Information received from appropriately trained sources in determining reasonable
suspicion that indicates the employee has been involved in alcohol or drug use;
g. Other employee actions or conduct that leads to a suspicion of drug or alcohol
use such as presence of physical symptoms that may include glassy or blood-shot
eyes, alcohol beverage odor on breath, slurred speech, poor coordination or
reflexes, unsteady gait, mood changes (including inappropriate gaiety or
lethargic behavior), unpredictable responses to ordinary requests, etc. which
leads managers and supervisors to believe that the employee is under the
influence of alcohol or drugs, suffers from substance abuse or is in violation of
City or departmental rules, regulations, or procedures concerning the use of such
substances;
h. Any violation of the City of Denton's Drug Free Work Place Policy (108.11).
2. Supervisory Procedures in the Event of Reasonable Suspicion
a. An appropriately trained supervisor (in compliance with section XV of this
policy) may require an employee to undergo alcohol and drug testing if the
supervisor has reasonable suspicion that the employee is under the influence of
alcohol and/or drugs during work hours as described above. Supervisors are
required to complete an "Observation Checklist", which can be found on the
City's Intranet site, to list the symptoms or observations that formed the basis for
their determination that reasonable suspicion existed to warrant the testing of an
employee. This documentation shall be forwarded to the Human Resources
Department. The facts underlying the determination of reasonable suspicion
should be disclosed to the employee at the time of request.
b. If an employee refuses to consent to a reasonable suspicion test, he/she should be
escorted to the Human Resources department if during normal work hours. If
after normal work hours, he/she should be escorted home by appropriate
supervisory personnel or another City employee with departmental authority and
placed on administrative leave with pay until contacted by his or her supervisor.
In the rare instances when a supervisor or another City employee with
departmental authority is unable to escort the employee home, the supervisor may
make arrangements for a reasonable party to pick-up the employee from the
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worksite.
C. Once the supervisor has established reasonable suspicion, an employee must
submit to an alcohol and drug screen immediately upon request. An alcohol test
will be conducted first. If the alcohol test is negative or the results are at a
detectable level below.039, then the employee will be subject to a drug test. The
employee's supervisor shall give the employee a direct order, as a condition of
employment, to submit to an alcohol and drug screen with the warning that
refusal to comply will result in dismissal. (For results that are not negative or are
.039 or above, refer to section XI. B. of this policy.)
d. The employee shall be further instructed to cooperate throughout the alcohol and
drug screening procedure, including following all directions received from
trained personnel at the alcohol and drug screening collection site. The
employee, in no case, shall be permitted to continue working or remain
unattended while screening approval or arrangements are being effected.
The employee will be placed on administrative leave with pay pending
results of the test.
e. The department supervisor shall immediately, if during normal weekday office
hours (7 a.m. to 5 p.m., Monday through Friday), notify the Director of Human
Resources or designated representative in the Human Resources Department to
arrange for the alcohol and drug screening. If the necessity to arrange for an
alcohol and drug screening occurs, the supervisor or another City employee
with departmental authority must escort the employee to the designated
drug screening collection site. The employee shall never be permitted to
operate a vehicle or motorized equipment.
f. Supervisory personnel or appropriate medical personnel shall remain with the
employee at all times and shall take the necessary actions to prevent the
employee's alteration or falsification of the alcohol and drug screen procedure.
An appropriate chain of custody procedure will be followed at the collection site
to ensure the accuracy and integrity of the testing procedure and test results.
g. The employee should not return to work in any capacity until results are
confirmed negative.
h. If the results are "non-negative," the employee needs to be escorted home by
appropriate supervisory personnel or another City employee with departmental
authority. In the rare instances when a supervisor or other City employee
with departmental authority is unable to escort the employee home, the
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supervisor may make arrangements for a reasonable party to pick-up the
employee from the worksite.
C. Post Accident
Vehicular Accidents (includes City vehicles and motorized equipment as well as leased
vehicles, personal vehicles, rental vehicles, or borrowed vehicles if being operated to
conduct City business):
1. An employee should ALWAYS be tested for DRUGS if any one or more of the
following conditions apply:
a. there has been a death to a citizen or another employee during work hours due
to a vehicular accident;
b. there has been a vehicular accident from which injury to an employee or
citizen has occurred during work hours that requires immediate treatment at a
doctor's office or hospital;
c. there has been any damage to City and/or citizen property during work hours
due to a vehicular accident (exceptions include employee's vehicle being hit
from behind while legally stopped); or
d. there has been a vehicular accident on a public street during work hours and
the police officer issues a citation to the employee .
2. An employee should ALWAYS be tested for ALCOHOL if anyone or more of the
following conditions apply:
a. there is reasonable suspicion as determined by an appropriately trained
supervisor; or
b. an employee has a commercial driver's license and is required to use the
license to perform his/her job duties and has an accident while using his/her
commercial driver's license that involves one or more of the following:
i. a human fatality;
ii. a bodily injury which requires immediate medical treatment away from
the scene AND a citation is issued to the employee (a DOT test is not
required if a citation is not issued); or
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iii. there has been disabling damage to any motor vehicle requiring tow
away AND a citation is issued to the employee (a DOT test is not
required if a citation is not issued).
3. A drug test must be conducted along with ANY post-accident alcohol test unless
the alcohol test results are .04 or greater.
4. Under no circumstances 'should a post-accident test be waived if any of the
above criteria are met
a. If required, an alcohol test should be conducted immediately (if there
are no incapacitating injuries). If an alcohol test is not conducted
within two (2) hours after the accident, a memo should be written as to
why an alcohol test was not conducted within that time frame. This
memo should be forwarded to the Human Resources department to be
filed. All attempts to test should cease if it has been longer than eight
(8) hours.
b. A drug test should be conducted immediately (if there are no
incapacitating injuries). If a drug test is not conducted within two (2)
hours, a memo should be written as to why a drug test was not
conducted within that time frame. This memo should be forwarded to
the Human Resources Department to be filed. All attempts to test
should cease if it has been longer than thirty-two (32) hours.
5. It is the employee's responsibility to contact his or her supervisor
immediately, unless incapacitated, after an accident has occurred so that
appropriate action can be taken. Failure to report an accident will result in
disciplinary action, up to and including dismissal.
6. The employee shall be escorted to the alcohol and/or drug screening
collection site by appropriate supervisory personnel or other City employee
with departmental authority. The employee shall not be permitted to
operate a vehicle or motorized equipment.
7. Employees who are tested as a result of a non-DOT accident may return to work
and assigned duties as long as the result(s) of the drug and/or alcohol test (where
applicable) is/are confirmed negative.
Employees who are tested as a result of a DOT accident will be escorted to the
testing facility for an alcohol test and a split specimen urine drug screen. In this
instance, the employee may return to work and assigned duties as long as the
initial result(s) of the alcohol and/or drug test is/are confirmed negative.
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If the result(s) is/are "non-negative," the employee needs to be escorted home by
appropriate supervisory personnel or another City employee with departmental
authority and will not be able to return to work until the results are confirmed
negative.-In the rare instances when a supervisor or another City employee
with departmental authority is unable to escort the employee home, the
supervisor may make arrangements for a reasonable party to pick-up the
employee from the worksite.
D. On-the-Job Injuries
If there is a reasonable suspicion that the employee is under the influence of
alcohol and/or drugs during work hours and that drugs or alcohol contributed
to the injury, then a supervisor or trained personnel may require an employee,
in compliance with sections X B and XV of this policy, to undergo alcohol
and drug testing.
2. It is the employee's responsibility to contact his or her supervisor
immediately, unless incapacitated, after an injury has occurred so that
appropriate action can be taken. Failure to report an injury will result in
disciplinary action, up to and including dismissal.
The Director of Human Resources or designated representative of the Human Resources
Department shall be responsible for notifying the Department Head or designee of the alcohol
and/or drug screening results as soon as this information is available. When requested, copies
of the laboratory report reflecting the alcohol and drug screening results shall be transmitted to
the aforementioned officials when the report is available.
E. Employees Transferring to Other Jobs within the City
Any employee moving from a "non-safety" sensitive position to a "safety-sensitive" position or
moving from a "safety-sensitive" position (as defined by the City) to a DOT "safety-sensitive"
position (as defined by the Department of Transportation) will be required to pass a drug
screen as a condition of final appointment.
Questions concerning whether a specific position is deemed safety-sensitive should be
addressed to the Human Resources Department.
F. Random Testing
1. Federally Regulated Random testing
In response to the DOT 49 CFR regulations, employees who are in positions that
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require the use of a commercial driver's license (CDL) are subject to random drug and
alcohol testing according to federal regulations and guidelines.
2. Random testing per City of Denton Policy
Employees in positions that are considered safety-sensitive positions (as defined by
section I-R of this policy) are subject to random drug and alcohol testing. Questions
concerning whether a specific position is deemed safety sensitive should be addressed
to the Human Resources Department.
Employees who are tested under random testing may return to work and assigned
duties pending confirmed results of the test. If the results are confirmed negative, no
further action is taken. If the results are "non-negative," the employee needs to be
escorted home by appropriate supervisory personnel or another City employee with
departmental authority and will not be able to return to work until the results are
confirmed negative. In the rare instances when a supervisor or another City
employee with departmental authority is unable to escort the employee home, the
supervisor may make arrangements for a reasonable party to pick-up the
employee from the worksite.
If results of the random drug test come back as a confirmed positive, the employee
will be subject to dismissal as outlined in section XI.
G. Follow-up Testing
In the event an employee self refers in accordance with section XII or appeals a termination
in accordance with section XI.C.2, the employee may be subject to follow-up testing.
Follow-up tests are unannounced. Follow-up tests will be conducted in accordance with
the recommendation of the Substance Abuse Professional. However, for DOT
employees at least six (6) tests must be conducted in the first 12 months after the
employee returns to duty. Follow-up testing may be extended for up to 60 months
following return to duty.
XI. Confirmation of Test Results
A. Confirmed Positive Results of Drug Screen
In the event an oral fluid drug test is conducted and the results are non-negative or for DOT tests,
the employee will be escorted by the supervisor or another City employee with departmental
authority to the drug screening collection site for a urine drug test. For all drug testing, if the initial
urine drug test is non-negative, a second test of the same sample will be performed to confirm
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results. The results of a positive urine drug test shall not be released until the results are confirmed
through GC/MS testing and MRO review.
1, Drugs tested and cut off levels
Cut-off Levels
List of Drugs Tested For Urine
Oral Fluid
*Amphetamines 500 ng/ml
50 ng/ml
*Methamphetamines (incl. in Amph)
50 ng/ml
*Opiates 2,000 ng/ml
40 ng/ml
*Cannabinoids 50 ng/ml
12 ng/ml
*Cocaine 150 ng/ml
20 ng/ml
*Phencyclidine 25 ng/ml
10 ng/ml
*Detection limit in a given specimen will vary within the listed range and will depend on
which class members and/or metabolites are present.
* Detection limits have also been set by HHS.
However, nothing contained in the above cut off levels shall conflict with standards
promulgated by the Department of Transportation (DOT).
The City reserves the right to modify the drugs to be tested given the circumstances of the
reasonable suspicion test, unless it conflicts with DOT rules and regulations.
2. Retest of original sample
An employee or applicant who does not pass the drug test may request a retest of the
original sample within three (3) business days of his or her receipt of the drug test results
at his/her expense. The employee or applicant may request retesting by the same
laboratory or by a second laboratory that is certified to perform drug tests by the HHS
(Department of Health and Human Services) under the National Laboratory Certification
Program (NLCP). The originating laboratory must follow the external chain-of-custody
procedure outlined in the HHS mandatory guidelines for federal workplace drug testing
programs when transferring the sample. If the two tests have conflicting results, a third test
will be run at a different, approved lab and funded by the City. The result of the third test
will be binding.
3. Any employee requesting a retest of the original sample will be required to use any
accrued vacation time pending the results of the test. If the employee has no accrued time,
the employee will be placed on administrative leave without pay. If the final test is
confirmed negative, the employee will be reimbursed for vacation time used or the time
placed on administrative leave without pay and the cost of the second test. Procedure for
Insufficient Amount of Urine
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a. If an employee or applicant is unable to give a sufficient sample as defined by DOT,
he/she will follow DOT guidelines for insufficient amount of urine for a drug test (49
CFR Part 40.193) - These guidelines allow the individual to drink up to 40 ounces of
fluid, distributed reasonably through a period of up to three hours, or until the
individual has provided a sufficient urine specimen, whichever occurs first. If the
applicant/employee refuses to make the attempt to provide a new urine specimen or
leaves the collection site before the collection process is complete, the collection
process will be discontinued. This will be considered a refusal to test (as defined in
section IX-A of this policy).
b. The applicant/employee may obtain, within five days, an evaluation from a licensed
physician, acceptable to the MRO, who has expertise in the medical issues raised by the
applicant/employee's failure to provide a sufficient specimen. If accepted by the MRO,
the test will be cancelled. If not accepted by the MRO, the test will be considered a
refusal to test (as defined in section IX-A of this policy).
4. Procedures for Dilute, Unsuitable, Substituted, or Adulterated Drug test Results
If the initial drug screen is reported as a negative dilute, no further action will be required
UNLESS the creatinine concentration of the specimen was equal to or greater than
2mg/dL, but less than or equal to 5 mg/dL.
Under these circumstances, a job applicant or employee will be required to provide a new
sample immediately under direct observation (direct observation means a trained lab
technician will visually observe the production of the urine specimen). The result of the
second test will be the test of record.
a. If the initial drug screen is reported as a positive dilute, this will be considered a
refusal to test (as defined in section IX-A).
b. If the initial drug screen is reported as unsuitable or rejected for testing, the
employee or job applicant must provide a new sample under direct observation as
soon as possible.
c. If the initial drug screen is reported as substituted or adulterated, this will be
considered a refusal to test (as defined in section IX-A).
B. Detectable levels and Confirmed Positive Results of Alcohol
If the initial alcohol test is above .000, a second test will be performed to confirm results.
The results of a positive alcohol test shall not be released until results are confirmed.
1. If an employee's confirmed test result is between .001 and .019, he/she will be
removed immediately from his/her safety-sensitive position until there is no
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detectable level of alcohol in his/her system and will be subject to discipline, up to
and including dismissal.
2. If an employee's confirmed test result is between .02 and .039, he/she will be
removed immediately from his/her safety-sensitive position for a minimum of
twenty-four (24) hours and be subject to discipline, up to and including dismissal.
3. If an employee's confirmed Blood Alcohol Content test result is .04 or greater,
he/she will be dismissed from employment unless appealed and overturned.
C. Consequences of a Confirmed Positive Test Result
Applicants: A job applicant will be denied employment with the City if his or her
initial positive test results have been confirmed. Applicants who are denied
employment due to a positive drug test result must wait two years before applying
for another position with the City.
2. Employees: If an employee's "non-negative" test result has been confirmed positive,
the employee will be dismissed. However, the employee will be allowed to appeal
his/her dismissal from employment. The appeal must be submitted in writing to the
Human Resources Director within 10 business days of the dismissal. The appeal should
include a thorough explanation as to why the employee feels he/she should not be
dismissed. Upon request of an appeal, the employee will be required to meet with a
Substance Abuse Professional (SAP) through the City's Employee Assistance Program
(EAP). The employee must meet with the SAP within three (3) business days of
appealing the dismissal. If this timeframe cannot be met due to the SAP's schedule, the
employee must notify the Human Resources Director or designated representative prior
to the expiration of the three (3) business days.
After the employee meets with the SAP, any report provided by the SAP will be sent to
the City's Human Resources Department. A panel consisting of the City Manager, an
Assistant City Manager, and the Human Resources Director or alternate member at the
discretion of the City Manager will meet to review the appeal and any report sent by
the SAP. If the panel overturns the dismissal, the employee may be required to
complete any recommendations of the SAP. If an employee is dismissed because of a
positive test result, he/she must wait two years before applying for another position
with the City.
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XII. EAP Self-Referral
Except for all civil service and non civil service positions in the police department and divisions of
the police department, disciplinary action may not be taken against employees who voluntarily
identify themselves as having a drug or alcohol problem and obtain counseling and rehabilitation
through the City's Employee Assistance Program. However, employees are responsible for violation
of policies and procedures and for performing job duties and responsibilities at an acceptable level.
Disciplinary action may be imposed for an employee who violates policies and procedures or fails
to properly perform job duties and responsibilities both prior to and after the self-referral. An
employee may not make a self-referral in order to avoid a potential drug or alcohol test or
disciplinary action. An employee may only self-refer once. Employees will be required to enter
into an agreement with the City, which will include participation in a follow-up testing program.
XIII. Confidentiality of Test Results
All information from an employee's or job applicant's drug and alcohol screen shall be disclosed
only to those with a need to know of test results, including but not limited to the City Manager, City
Attorney, Human Resource Director or Designated Employer Representative, Risk Manager,
Department Head, and/or Supervisor. The City and its agents may communicate test results among
themselves for official purposes both orally and in writing, and at a judicial or administrative
proceeding, including applicable state or federal agencies. Disclosure of test results to any other
person, agency, or organization is prohibited to persons not eligible to receive the test results under
any applicable law. The results of a positive drug test shall not be released until the results are
confirmed.
XIV. Laboratory Testing Requirements
All drug and alcohol testing of employees and applicants shall be conducted at facilities or
laboratories selected by the City (with the exception of a retest as outlined in section XI). To be
considered as a testing site, a facility or laboratory must submit in writing a description of the
procedures that will be used to maintain test samples. Factors to be considered by the City in
selecting a testing facility include:
A. Testing procedures that ensure privacy to employees and job applicants consistent with the
prevention of tampering;
B. Methods of analysis which ensure reliable test results, including the use of gas
chromatography/mass spectrometry to confirm positive test results;
C. Chain-of-custody procedures which ensure proper identification, labeling, and handling of test
samples; and
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D. Retention and storage procedures that ensure reliable results of confirmatory tests of original
samples.
XV. Education and Training
The City shall train supervisory personnel on the physical, behavioral, and performance indicators
of probable drug use and alcohol misuse. The City shall also provide information to employees
covered under the DOT on the effects and consequences of prohibited drug use on personal health,
safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug
use.
XVI. Employment At-Will
Like all other City of Denton policies, this policy does not alter the employment at-will relationship.
This provision shall not be construed as creating contractual rights or as establishing a "just cause"
disciplinary or dismissal standard.
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