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2022-058 City Employment Drug and Alcohol TestingSeptember 16, 2022 Report No. 2022-058 pg. 1 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Overview of Drug and Alcohol Related Policies for City of Denton Employees BACKGROUND: Council Member Byrd requested a two-minute pitch on the Sept. 20, 2022 Council meeting as follows: “I would like to schedule a 2-minute pitch to discuss and review the prospect to eliminate from city policy all unnecessary employee drug testing except where unambiguously legally REQUIRED by state or federal law.” This Informal Staff Report has been prepared to provide an overview of the City of Denton’s current employment policies for drug and alcohol testing. INFORMATION: The City currently has policies in place to provide a work environment that is free of the problems associated with the use and abuse of alcohol and controlled substances, to protect the health and safety of employees and the public, and to remain compliant with federal and state laws. The key City policies relevant to drug and alcohol testing are City Policy 108.12 Anti-Substance Abuse and Rehabilitation and Policy 108.11 Drug and Alcohol-Free Workplace. These policies are attached to this report; however, the following is a brief summary of drug and alcohol testing practices: Main Types: Summary Only: Pre-Employment Drug Screening Per City Policy 108.12, upon a conditional offer of employment, all applicants are required to pass a drug screen prior to their final appointment. An applicant will be notified of drug testing at the time of application and will be allowed the opportunity to withdraw their application anytime upon request. This has been required for all positions per City policy to ensure public trust and integrity of the City’s workforce before placing an individual using illegal or controlled substances in the workplace and on the City’s payroll. There are also federal and state regulations which may require pre- employment drug screening for certain positions, including complying with the federal Department of Transportation (DOT) requirements. Certain licenses or certifications may also require drug screening in order to hold the license or certification and therefore be eligible for employment; for example, the Texas Commission on Law Enforcement (TCOLE) requires that peace officers must be drug tested to be licensed. September 16, 2022 Report No. 2022-058 pg. 2 Random Testing for Defined Safety- Sensitive Positions The City only conducts random drug testing for safety-sensitive positions in compliance with federal Department of Transportation (DOT) requirements (DOT 49 CFR regulations) and for safety- sensitive positions as defined in City Policy 108.12. City Policy 108.12 defines safety-sensitive positions as follows: • “I.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, f. parks leisure services positions involving regular contact with children or elderly adults, or g. designated field personnel in water/wastewater utilities, electric utility, streets, traffic, solid waste, and parks maintenance.” Reasonable Suspicion Testing 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. Criteria which may be used by appropriately trained management and supervisory personnel to determine if a test for an employee is necessary and procedures for reasonable suspicion are outlined in City Policy 108.12. If the criteria are met, any City employee on duty may be subject to reasonable suspicion testing. Post-Accident Testing City Policy 108.12 defines the criteria and procedures for when an employee should be tested after a vehicular accident. The City of Denton is committed to providing a safe and secure working environment and it has a legitimate interest in determining the cause of accidents so that it can undertake appropriate corrective measures. DOT positions have certain requirements that must be met. September 16, 2022 Report No. 2022-058 pg. 3 Considerations and factors that would need to be evaluated further if City Council wishes to have a work session on this topic: • Health & Safety – The health and safety of all employees and the public is the first and foremost priority. The responsibilities and functions of certain safety-sensitive jobs could result in serious bodily injury, harm, or even death, to the employee or others, if the employee is impaired on the job. Having certain tools, such as testing, allows the City as an employer to take proactive and reactive measures to ensure safety and compliance with those policies. • Federal Grant Compliance – As a grantee for numerous federal grants, the City of Denton must comply with the federal Drug-Free Workplace Act of 1988. The Act requires certain federal contractors and all federal grantees to provide a drug-free workplace as a precondition of receiving a contract or grant from a federal agency. The Drug-Free Workplace Act considers cannabis to be a “controlled substance,” alongside other drugs such as heroin and methadone, and as such, is subject to the rules under the Act. Therefore, to remain a federal grantee, the City must have a drug-free workplace policy and program that prohibits cannabis. In the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration (SAMSHA), the model plan for a Comprehensive Drug-Free Workplace includes applicant testing, random testing for designated sensitive positions, reasonable suspicion testing, and accident or unsafe practice testing. Staff would need to evaluate if changes to the City’s current requirements may risk the City’s good faith effort to maintain a drug-free workplace and meet the requirements of the Act. • Clear Test Standard – Currently, if an employee is sent for testing while on duty (whether that be random, reasonable suspicion, or post-accident testing), there is a clear-cut standard for the application of the test results that a positive test result for marijuana is a violation of City policy. To have any level of subjectivity may open the City up to significant risk because there is a considerable opportunity for inconsistent interpretation and application, among other concerns. One concern is defining at what point a substance in the bloodstream of an individual will or will not have an impact on cognitive and physical functions to not impair their ability to perform their job. Having an unclear standard that can be challenged easily could, among other risk and liability concerns, limit the City’s ability as an employer to take or uphold the necessary employment actions to ensure the health and safety of employees and the public or could limit the City’s ability to defend itself against claims. • Standard Test Panels – Practically, most tests are structured standard panel tests trying to detect the presence of multiple illegal drugs. DOT (49 CFR Part 40 Subpart F) requires that we test for five classes of drugs: marijuana, cocaine, opiates, amphetamines and methamphetamines, and Phencyclidine (PCP); often referred to as a 5-panel test. September 16, 2022 Report No. 2022-058 pg. 4 It is possible to order a 4-panel test for non-DOT positions that excludes testing for marijuana. However, if a test is being used to determine what an employee may be under the influence of while on-duty, a full 5-panel should be used, especially in Reasonable Suspicion and Post Accident testing. Furthermore, if there are different tests used in different scenarios at the contracted lab for testing, it may risk the lab applying the wrong test in the different scenarios. This could risk compliance with federal laws if not applied appropriately. CONCLUSION: City staff are continuing to review current City of Denton personnel policies to make necessary updates and recommendations. City staff are currently reviewing and proposing edits and updates to both Policies 108.11 and 108.12, which are expected to be brought forward for City Council approval of the Policy Statements of these documents later this year or early next year. There may be areas that can be recommended to be changed or modified without significantly increasing the City’s risk (for example, removing the current policy provision that bars an applicant from applying for City jobs for 2 years after they fail a pre-employment drug test). Staff plans to continue the review that has started and bring forward the recommended policy provisions at a later date. In addition, HR and Safety staff have recently hosted, and will continue to host, Reasonable Suspicion trainings for supervisors, to ensure they are properly trained and prepared to address any situations appropriately per City policy. ATTACHMENTS: • Policy 108.12 Anti-Substance Abuse and Rehabilitation Policy • Policy 108.11 Drug and Alcohol-Free Workplace Reference Links: • U.S. Department of Transportation (DOT) - Procedures for Transportation Workplace Drug and Alcohol Testing Programs (https://www.transportation.gov/odapc/part40) • U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration (SAMSHA) – Model Plan for a Comprehensive Drug-Free Workplace (https://www.samhsa.gov/workplace/about/background#model-plan) September 16, 2022 Report No. 2022-058 pg. 5 Other: • City of Denton Random Drug Testing Statistics 2019 - 2022 2019 2020 2021 2022 YTD Total 2019 - YTD 2022 Negative 143 139 188 196 666 Positive 1 0 0 2 3 Total: 144 139 188 198 669 STAFF CONTACT: Sarah Kuechler, Director of Human Resources (940) 349-8356 sarah.kuechler@cityofdenton.com REQUESTOR: Staff Initiated PARTICIPATING DEPARTMENTS: Human Resources, Legal, and City Manager’s Office HR/POLICY/108.12 CITY OF DENTON PAGE 1 OF 19_ POLICY/ADMINISTRATIVE PROCEDURE/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 POLICY LAST REVISION DATE: 11/26/13 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 Page 2 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) 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: I. 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 5. in compliance with all applicable laws. HR/POLICY/108.12 Page 3 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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. I. 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. HR/POLICY/108.12 Page 4 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 O. 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. 1. 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, f. parks leisure services positions involving regular contact with children or elderly adults, or g. designated field personnel in water/wastewater utilities, electric utility, streets, traffic, solid waste, and parks maintenance. HR/POLICY/108.12 Page 5 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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. Drug paraphernalia (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: 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; HR/POLICY/108.12 Page 6 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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 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. HR/POLICY/108.12 Page 7 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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. 2. Employees: An employee who refuses to consent to a drug and/or alcohol test will be subject to dismissal. HR/POLICY/108.12 Page 8 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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. 1. 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; c. Incoherent or irrational mental state; d. Marked changes in personal behavior or attitude not attributable to other factors; HR/POLICY/108.12 Page 9 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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. A supervisor or trained personnel (in compliance with section XV of this policy) may require an employee to undergo alcohol and drug testing if he/she 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” if they have received training (in compliance with XV of this policy), 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. If a supervisor has not been trained, he/she should contact Human Resources or someone in their chain of command. The facts underlying the determination of reasonable suspicion should be disclosed to the employee at the time the supervisor requires the employee to undergo reasonable suspicion alcohol and drug testing. 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 worksite. HR/POLICY/108.12 Page 10 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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 after normal weekday office hours, the supervisor should notify Human Resources the next business day. 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 and appropriate medical personnel 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 and placed on administrative leave without pay. In the rare instances when a supervisor or other 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. HR/POLICY/108.12 Page 11 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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 any one 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 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). HR/POLICY/108.12 Page 12 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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. Oral fluid testing may be conducted for post-accident drug tests. Employees with negative test results may return to work. Section XI.A. will apply for employees with “non-negative” test results and employees required to take a drug test under the DOT guidelines. 7. If oral fluid collection cannot be taken on-site, 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. 8. 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. HR/POLICY/108.12 Page 13 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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 1. 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 require the use of a commercial driver's license (CDL) are subject to random drug and HR/POLICY/108.12 Page 14 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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. 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 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. HR/POLICY/108.12 Page 15 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 1. Drugs tested and cut off levels Cut-off Levels List of Drugs Tested For Also Known As Urine Oral Fluid *Amphetamines Speed, Uppers, etc. 500 ng/ml 50 ng/ml *Methamphetamines Meth, Ice, Crank, etc. (incl. in Amph) 50 ng/ml *Opiates Heroin, Opium, etc. 2,000 ng/ml 40 ng/ml *Cannabinoids Marijuana, Hashish, etc. 50 ng/ml 12 ng/ml *Cocaine Coke, Crack, etc. 150 ng/ml 20 ng/ml *Phencyclidine Angel, Dust, Hog, etc. 25 ng/ml 10 ng/ml The City also reserves the right to test for: Cut-off Levels List of Drugs Tested For Common References Urine Oral Fluid Synthetic Cannabinoids K2, Spice, etc. N/A N/A * 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. In the case of a conflict, the City reserves the right to test for other substances under its non-DOT testing guidelines, if applicable. 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. HR/POLICY/108.12 Page 16 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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 vacation 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. 3. Procedure for Insufficient Amount of Urine 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. If the applicant/employee has not provided a sufficient amount of urine after following the DOT guidelines above, the City’s Designated Employer Representative (DER) will direct the applicant/employee to obtain, within five days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. (Note: Employees will be placed on administrative leave with pay until the evaluation is provided to Human Resources or five days whichever comes first.) 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 HR/POLICY/108.12 Page 17 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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 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 1. 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 HR/POLICY/108.12 Page 18 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 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. 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; HR/POLICY/108.12 Page 19 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 C. Chain-of-custody procedures which ensure proper identification, labeling, and handling of test samples; and 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. HR/POLICY/108.11 CITY OF DENTON PAGE 1 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.11 SUBJECT: STANDARD OF CONDUCT FOR EMPLOYEES INITIAL EFFECTIVE DATE: 06/20/89 TITLE: DRUG AND ALCOHOL FREE WORK PLACE LAST REVISION DATE: 01/01/02 POLICY STATEMENT: It is the policy of the City of Denton to provide employees with a working environment that is free of the problems associated with the use and abuse of alcohol and controlled substances. The use of alcohol and controlled substances is inconsistent with the behavior expected of employees and subjects the City to unacceptable risks of work place accidents or other failures that would undermine the City's ability to operate effectively and efficiently. Noncompliance with the policy set forth below will result in termination. GENERAL: The City of Denton shall, in compliance with the Omnibus Drug Initiative Act of 1988, take those steps required by the Act to ensure that its work place is drug and alcohol free. All employees shall receive a copy of the City's "Drug and Alcohol Free Work Place" policy, Appendix I. All persons newly hired by the City shall receive a copy of the policy during the new employee orientation process. Any employee found in violation of this policy shall be disciplined and such discipline may include termination. The City provides an Employee Assistance Program that is designed to assist employees and their families with personal and behavioral problems that have or could adversely affect job performance. ADMINISTRATIVE PROCEDURES: I. The non-prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on City property or other work sites where employees may be assigned or elsewhere during work hours is strictly prohibited. Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on non-working time to the extent such activity impairs an employee's ability to perform his or her job or where such use, sale, possession, distribution, manufacture, or transfer affects the reputation of the City to the general public or threatens its integrity. Persons violating the City policy will be subject to disciplinary action that may include termination for a first offense. II. Employees are prohibited from possessing, consuming or transporting any alcoholic beverages or other intoxicating substances on City property at any time when conducting City business or when performing their job duties and responsibilities or otherwise violating Policy 108.12. PAGE 2 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 HR/POLICY/108.11 III. Employees who are convicted of controlled substances-related violations or alcohol-related violations occurring in the work place under state or federal law or who plead guilty or “no contest” to such charges will be terminated. Employees must report the conviction to the Director of Human Resources or designated representative and Department Director or designated representative within five (5) business days from the date of the conviction. IV. Employees who are arrested for controlled substances-related violations or alcohol-related violations occurring in the work place must report the arrest to the Director of Human Resources or designated representative and Department Director or designated representative as soon as possible but no later than twenty-four (24) hours. Failure to do so will result in disciplinary action, up to and including termination from employment for a first offense. "Controlled Substance" is defined to mean those drugs listed in Schedules I through V of Section 202 of the Federal Controlled Substances Act, 21 U.S.C. § 812, and includes, but is not limited to, marijuana, cocaine (including "crack" and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates. When used in this policy, the term "drugs" means "controlled substances." The term does not include those controlled substances used pursuant to and in accordance with a valid prescription. V. DRUG FREE AWARENESS PROGRAM A. The Human Resources Department shall publish a policy statement notifying all employees that the City is committed to maintaining a drug and alcohol free work place. This policy statement shall be given to all persons newly hired by the City during new employee orientation. B. The City shall establish a drug and alcohol free work place awareness program for its employees and as mandated by the Federal Department of Transportation’s regulations, for employees who are required to possess and utilize a commercial driver’s license to perform their jobs and for supervisors who oversee those employees. The purpose will be to make employees aware of the dangers of drug and alcohol abuse and the assistance that is available to combat these problems. This program shall include an educational component designed to inform employees of the dangers of drug and alcohol abuse in the work place. This program shall inform all employees of the City's commitment to maintaining a drug and alcohol free work place. The program shall direct employees to seek assistance through the City’s Employee Assistance Program. The program will further alert employees to the penalties for violating this policy. PAGE 3 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 HR/POLICY/108.11 C. Employees must, as a condition of employment: 1. Abide by the terms of the City's "Drug and Alcohol Free Work Place" policy, attached as Appendix I; and, 2. Notify their supervisor or Department Director and Director of Human Resources or designee of any criminal drug or alcohol statute conviction for a violation (or a plea of no contest) occurring at the work place no later than five (5) days after such conviction. Notify their supervisor or Department Director and the Director of Human Resources or designee of any arrest for drug or alcohol related violations occurring at the work place as soon as possible but no later than twenty four (24) hours. 3. A Department Director, upon receiving notification of an employee's conviction (or plea of guilty or no contest) or arrest of a violation, must notify the Director of Human Resources immediately. The Director of Human Resources will in turn notify the affected Department Director if he/she becomes aware of a conviction or arrest. The Director of Human Resources must ensure that the appropriate federal funding agency is notified of the conviction within ten (10) days after the City was notified of the conviction. 4. The Omnibus Drug Initiative Act of 1988 requires the City to take appropriate disciplinary action within thirty (30) days after receiving notice of an employee's conviction (or a plea of guilty or no contest) of a violation of a criminal drug or alcohol statute occurring at the work place. The disciplinary action will be termination. 5. Supervisors who suspect an employee is involved in some illegal drug-related activity will notify their Department Director and Director of Human Resources, or designee, immediately to determine appropriate actions. All supervisory personnel shall read and be familiar with this policy and the City's Employee Assistance Program. PAGE 4 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 HR/POLICY/108.11 APPENDIX I CITY OF DENTON DRUG AND ALCOHOL FREE WORK PLACE POLICY It is the policy of the City of Denton to provide employees with a working environment that is free of the problems associated with the use and abuse of alcohol and controlled substances. The use of alcohol and controlled substances is inconsistent with the behavior expected of employees and subjects the City to unacceptable risks of work place accidents or other failures that would undermine the City's ability to operate effectively and efficiently. Noncompliance with the policy set forth below will result in termination. I. The non-prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on City property or other work sites where employees may be assigned or elsewhere during work hours is strictly prohibited. Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on non-working time to the extent such activity impairs an employee's ability to perform his or her job, or where such use, sale, possession, distribution, manufacture, or transfer affects the reputation of the City to the general public or threatens its integrity. Persons violating the City policy will be subject to disciplinary action, which may include termination for a first offense. II. Employees are prohibited from possessing, consuming or transporting any alcoholic beverages or other intoxicating substances on City property at any time when conducting City business or when performing their job duties and responsibilities (see Policy 108.12). III. Employees who are convicted of controlled substances-related violations or alcohol-related violations in the work place under state or federal law or who plead guilty or “no contest” to such charges will be terminated. Employees must report the conviction to the Director of Human Resources or designated representative and Department Director or designated representative within five (5) business days. IV. Employees who are arrested for controlled substances-related violations or alcohol-related violations in the work place must report the arrest to the Director of Human Resources or designated representative and Department Director or designated representative as soon as possible but no later than twenty-four (24) hours. Failure to do so will result in disciplinary action, up to and including termination from employment for a first offense. I have read and understand the foregoing policies and agree to abide by the terms and conditions set forth. _________________________________________ Employee Name (Please Print or Type) Employee Signature _________________________________________ Department/Division Date "Controlled Substance" is defined to mean those drugs listed in Schedules I through V of Section 202 of the Federal Controlled Substances Act, 21 U.S.C. § 812, and includes, but is not limited to, marijuana, cocaine (including "crack" and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates. When used in this policy, the term "drugs" means "controlled substances." The term does not include those controlled substances used pursuant to and in accordance with a valid prescription. "Alcohol" is defined as ethyl alcohol. Alcohol, as used herein, includes any beverage, mixture or preparation containing ethyl alcohol.