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3242 ORDINANCE NO. 3242 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3173 WHICH ADOPTED THE CITY'S PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, it is the desire of the City Commission of the City of Sanford, Florida, to amend Section 18.0 of the Personnel Rules and Regulations to provide revised standards to comply with Title 49 CFR of the Federal Department of Transportation (DOT) and the Omnibus Transportation Employee Testing Act. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: The City Commission adopts the statements above as if fully set forth herein. SECTION 2: That the Personnel Rules and Regulations (Section 18.0) which are attached hereto as Exhibit "A" are incorporated herein by reference. SECTION 3: If any portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or affect of any other section or part Of this ordinance. SECTION 4: That ali ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: This ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this/~_ day of ~A.D. 1995. ATTEST: City of Sanford, Florida CERTIFICATE ~Linda L. Brace. Deputy Cit Clerk I, Jen~t~R~-Deu~herty;-(~R~f~ert~-of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3242, tP~2~_~_Z~ AND ADOPTED by the City Commission of the City of Sanford, Florida, on Sanford, Florida, A 1995. As the Deputy C~ty C]er~t~e-C.,it~.X~l~rk-of the City ~b of SanfSf~d~ Florida SECTION 18.0 ALCOHOL/DRUG TESTIN(~ ~c~ F 18.1 PURPOSE It is the purpose of this policy to establish and ~ ~ ~rd's intent to maintain a "DRUG FREE" workplace. In so doing, the City's general operating procedures prohibit the consumption, possession, or being under the influence of alcoholic beverages or controlled substances as described in F.S. 893, while on duty. In addition, it is the City's desire to improve worker's compensation cost control, increase productivity and safety, decrease absenteeism, decrease health care costs, and increase overall employee morale. For further information concerning Floridas' Drug Free Workplace Act see Fla. Status 440.101 Et. Seq. and regulations implementing that Statute. Alcohol/controlled substance (drug) shall be defined as including distilled spirits, wine, malt beverages, intoxicating liquors, amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of these substances. It does not include any prescription drug or medication taken as a result of a medical doctor's orders or any other non-prescription medication authorized by law for general digestion for treatment of human diseases, ailments, or injuries. All current and/or potential, future employees must abide by this policy and understand that it is a condition of employment to refrain from taking drugs on or off the job. Job applicants who refuse to take a drug test will not be employed by the City. Employees who refuse to submit to a test for alcohol/drugs for any cause as specified in this section will be terminated and forfeit eligibility for medical and indemnity benefits in cases of work-related incidents. Refusal to submit to such alcohol/drug test may also result in forfeiture of unemployment compensation benefits. 18.2 CAUSES FOR TESTING In keeping with the philosophy of implementing a "DRUG FREE" workplace program, alcohol/drug testing shall be conducted in each of the following situations: (A) All job applicants who have been offered employment conditioned upon successfully passing a drug test. (B) As part of routine fitness for duty physicals. (C) Follow-up testing on a quarterly, semi-annual, or annual basis for up to two (2) years after an employee successfully completes a drug rehabilitation program during the course of employment. (D) Reasonable suspicion to believe that an employee is using or has used drugs in violation of this policy based on specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience, to include: (1) Observable phenomena while at work such as direct observation of alcohol/drug use or of the physical symptoms or manifestations of being under the influence of alcohol/drugs. (2) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. (3) A report of drug use, provided by a reliable and credible source which has been independently corroborated. (4) Evidence that an individual has tampered with a drug test during his/her employment. (5) Information that an employee has caused or contributed to an accident/incident while at work. (6) Evidence that an the employee has used, possessed, sold, solicited, or transferred alcohol/drugs while working or while on the employer's premises, or while operating any City vehicle, machinery, or equipment. (7) All facts supporting a reasonable suspicion drug testing must be promptly (within 24 hours) reduced to written format and sent to the Personnel Director. The original will be kept confidential and maintained for at least one (1) year. A copy will be given to the employee upon request. 18.3 PROCEDURES FOR TESTING The taking or collection of a specimen to be tested shall be coordinated by the "City Physician" or designated alternate possessing the necessary credentials as follows: (A) Licensed physician or physician assistant. (B) Registered professional nurse, licensed practical nurse, or nurse practitioner. (C) Certified paramedic present at scene of an accident for purposes of rendering emergency medical service or treatment. (D) Qualified person employed by a licensed laboratory. The City Physician or his/her designee shall be responsible for submission of specimen to a licensed laboratory for testing and for receiving the results of any drug test. Urine shall be used for the initial and confirmation tests for all drugs except alcohol. Blood will be used for the initial and confirmation tests for alcohol. All testing result levels equal to or exceeding the following levels shall be reported as positive: Initial Test Confirmation Test Alcohol 0.04 g% 0.04 g% Amphetamines 1,000 ng/ml Cannabinoids 100 ng/ml 15 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine 25 ng/ml 25 ng/ml Methaqualone 300 ng/ml 150 ng/ml Opiates 300 ng/ml 300 ng/ml Barbiturates 300 ng/ml 150 ng/ml Benzodiazepines 300 ng/mt 150 ng/ml Synthetic Narcotics: Methadone 300 ng/ml 150 ng/ml Propoxyphene 300 ng/ml 150 ng/ml 18.4 CHALLENGING TEST RESULTS It is the responsibility of the employee and/or applicant who wishes to "challenge" test results to do so by initiating the following procedure: (A) All test results are mailed/delivered by the testing laboratory to the City Physician (Medical Review Officer). The City Physician will provide a copy to the Personnel Director. Drug testing information is confidential and cannot be released to the public. (FI. Status 440.102 (8). (B) Employees and/or applicants shall be informed, by the Medical Review Officer, of positive (confirmed) test results, the consequences of such results, and the options (i.e., contacting the testing laboratory, filing a written explanation with the MRO, etc.) available to them within five (5) working days of receipt of said result. (C) The Personnel Director shall, upon request of the employee and/or applicant, furnish a copy of the test results to him/her. (D) It is the responsibility of the employee and/or applicant to notify the testing laboratory of intent to challenge a test result. The employee and/or applicant shall be permitted to have a portion of the specimen retested at their own expense at another laboratory licensed and approved by H.R.S. This independent test must be of equal or greater sensitivity for the drug in question. (E) After an employee and/or applicant receives notice of a positive, confirmed test, they may, within five (5) working days, submit information to the City Physician (Medical Review Office) explaining or contesting, in writing, why the test results do not violate the City's policy. The "City Physician" will review the test results and act as the "Medical Review Officer" to either substantiate or refute said information. Consequently, the results of this medical review will be provided to the employee and/or applicant in writing. This information shall be considered confidential and shall be retained by the City for one ( 1 ) year. 18.5 CONSEQUENCES OF CONFIRMED POSITIVE TEST RESULTS (A) Applicants being considered for City employment shall be required to submit to an employment physical to include mandatory alcohol/drug testing. Applicants who test positive (after confirmation) shall not be employed by the City. (B) Any current employee of the City must submit to the physical and/or alcohol/drug testing requirement for those reasons outlined in Section 18.2 (Causes for Testing) and Section 18.7. Failure to do so will result in termination of employment and forfeiture of worker's compensation and/or unemployment compensation benefits. (C) If a current employee tests positive (confirmed) the Department shall immediately place that employee on sick leave. If there is an insufficient amount of accrued sick leave available, other available accrued leave shall be used to cover this absence. If all accrued leave becomes exhausted, the employee shall be placed on a medical leave of absence without pay. (D) Employees who have been confirmed as testing positive and who have been referred to a treatment program and who refuse said referral shall be terminated from employment. Employees who accept treatment must understand that they are required to successfully complete such treatment. Failure to do so will result in termination from employment. Employees who accept treatment and successfully complete said treatment will be required to furnish proof of such successful completion to the Personnel Director. This proof shall be reviewed by the "City Physician" in conjunction with retesting before the employee can be reinstated to on-duty work status. Employees in this situation are subject to random retesting for a period not to exceed two (2) years from the date of successful completion of the treatment program to insure continued and complete recovery. If, during the course of this two (2) year period, the employee tests positive, he/she will be terminated from employment. (E) Special risk employees (Chapter 633 or 943) may be discharged or disciplined for the first positive confirmed drug test result when illicit drugs pursuant to F.S. 893 are confirmed. No special risk employee shall be permitted to continue work in a "safety-sensitive" position, but may be placed either in a "non-safety-sensitive" position (if any is available) or on sick leave status while participating in an EAP or alcohol/drug rehabilitation program. If there is an insufficient amount of sick leave available, other accrued leave shall be used to cover any absence while participating in the EAP or other alcohol/drug rehabilitation program. If all accrued leave becomes exhausted, the employee shall be placed on a medical leave of absence wi~;hQut pay. 18.6 VOLUNTARY REQUEST FOR TREATMENT Employees seeking voluntary treatment for alcohol/drug problems and who have not previously tested positive for drug use, entered an EAP program for drug- related problems, or entered an alcohol and drug rehab program may do so without consequence of disciplinary action or discharge assuming that they have not been involved in any other aspect covered under Section 18.2. Employees in this category shall be required to use any and all accrued sick leave and/or other accrued leave to cover absences during treatment. Once accrued leave is exhausted they shall be placed on a medical leave of absence without pay for the appropriate period of time to be determined as outlined in Section 18.5 (C) (2). It is to be understood that these employees are expected to successfully complete the treatment program furnishing proof of successful completion to the Personnel Director and that return to employment is contingent upon medical certification of fitness for duty and random testing for a period not to exceed two (2) years. 18.7 SAFETY-SENSITIVE POSITIONS In accordance with the provisions of Title 49 CFR standards of the Federal Department of Transportation (DOT) and the "Omnibus Transportation Employee Testing Act of 1991" all employees required by their job descriptions to perform "safety-sensitive" position duties shall be subject to the drug and alcohol testing programs contained therein. (A) "Safety-sensitive" positions are positions which require employees to: (1) Operate, or be immediately available and in a state of readiness to operate, a commercial vehicle requiring a class A,B, or C (CDL). or (2) Supervise employees who operate commercial vehicles and who are required by the nature of their supervisory duties to maintain Class A,B, or C (CDL). (B) In addition to the general prohibitions regarding the consumption, possession, or being under the influence of alcoholic beverages or controlled substances as outlined in Section 18.1 of this policy, further prohibitions regarding safety-sensitive positions include: (1) No employee shall perform duties in a safety-sensitive function within four (4) hours of using alcohol. (2) No employee required to submit to a post-accident alcohol test shall use alcohol for eight (8) hours following the accident or until the driver undergoes the required post-accident alcohol testing, whichever occurs first. (3) No employee shall refuse to submit to a post-accident random, reasonable suspicion, or follow-up alcohol or controlled substance test. Refusal to submit to such testing includes failure to provide adequate breath and/or urine testing without a valid, medical explanation by a medical physician. (C) Testin_~: All employees filling, or applicants being considered for, safety sensitive positions shall be tested for substance and/or alcohol use in accordance with the following: (1) Preemployment testing: All applicants for safety sensitive positions shall be tested for alcohol and controlled substance use prior to final consideration for hire. (2) Post-accident testing: An employee who is operating a commercial vehicle involved in an accident while on duty that results in the loss of life or who receives a moving violation citation while operating a commercial motor vehicle while on duty shall submit to an alcohol and controlled substance test as soon as possible after the accident or receipt of a moving violation citation. When reporting the accident, the employee is required to report whether the accident resulted in the loss of life or moving violation. It is then the responsibility of the supervisor to arrange testing. If the alcohol use test is not administered within two hours following the accident, the supervisor shall document, in writing, the reasons the test was not administered within that time. If the alcohol test is not administered within eight (8) hours following the accident or the controlled substance test is not administered within 32 hours following the accident, no such tests shall be conducted. The supervisor shall document, in writing, the reasons the tests were not conducted within the required time frame. Drivers who are subject to this post-accident testing shall remain readily available for the test or may be deemed to have refused the tests. However, drivers shall not be prohibited from leaving the scene of the accident for the period of time necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. The results of alcohol or controlled substance tests administered by Federal, State or local officials having independent authority for the test may be used to satisfy the requirements set forth in the Omnibus Transportation Employment Training Act of 1991 and the D.O.T. regulations thereunder, provided the tests comply with applicable Federal, State, or local requirements and the results of the test are obtained by the city. (3) Reasonable suspicion testing: It will be the responsibility of supervisors to monitor employees in safety sensitive positions for alcohol and controlled substance use. When a supervisor has reasonable suspicion, based on the training provided, that an employee in a safety sensitive position is under the influence of alcohol or a controlled substance, the supervisor shall require reasonable suspicion testing of the employee. The required test(s) shall proceed as follows: (A) The supervisor will inform the employee of the suspicion of influence of alcohol and/or controlled substance. ~ Bargaining unit employees may request union representation in accordance with the current labor agreement; however, this request shall not delay the testing procedure. {B) The employee shall immediately stop performance of the safety sensitive position duties. {C) The supervisor will contact the Personnel Director to arrange testing of the employee during normal working hours (8:30 A.M. to 5:00 P.M., Monday through Friday). Outside of normal working hours, the testing facility selected for hours other than normal working hours will be used. {D) A person designated by the Department shall transport the employee directly to the designated testing facility. After the appropriate testing has been completed, the employee shall be transported to his/her place of residence. The employee shall be required to use accrued leave or compensatory time, or shall be in an unpaid status if the employee has no such leave available, to account for any time remaining on his/her shift. Such time shall be reimbursed if the results of the reasonable suspicion test are negative. If the alcohol use test is not administered within two hours following the accident, the supervisor shall document, in writing, the reasons the test was not administered within that time. If the alcohol test is not administered within eight (8) hours following the accident or the controlled substance test is not administered within 32 hours following the accident, no such tests shall be conducted. The supervisor shall document, in writing, the reasons the tests were not conducted within the required time frame. (E) The employee can come back to work if the blood alcohol level is less than 0.02 or if 24 hours has elapsed since the test was taken. {F) A written "Reasonable Suspicion Testing Report" must be completed by the supervisor who made the determination of reasonable suspicion within 24 hours of the observed behavior or before the results of the test are released, whichever is later. Such report shall be forwarded to the Personnel Director. (4) Random testing: On an annual basis, a minimum of 25% of the average number of CDL-required positions in the city will be administered random alcohol tests. Likewise, a minimum of 50% of the average number of CDL driving positions in the city shall be administered random controlled substances testing. The selection of drivers for the random testing shall be made using a system that will randomly select CDL drivers from the city's authorized driver list, Under this selection process each driver shall have an equal chance of being tested each time selections are made. The random alcohol and controlled substances tests shall be unannounced and the dates and times of the testing shall be spread reasonably throughout the year. There shall be a sufficient number of these tests to meet the minimum percentage of tests required under the law. The Personnel Director shall notify the supervisor of each driver selected for random testing. The supervisor shall be responsible for seeing that the driver is immediately relieved of any safety sensitive functions and immediately sent or taken to the test site. (5) Return-to-Duty: The city must ensure that before a driver returns to duty in a safety sensitive position after engaging in prohibited conduct the driver shall undergo a return-to-duty test which shall be supervised by a substance abuse professional, Medical Review Officer, or City Physician. (6) Follow-up: Drivers who have been determined to be in need of assistance in resolving problems associated with alcohol misuse shall be subject to unannounced follow-up testing as directed by the "substance abuse professional", Medical Review Officer, or City Physician. (D) Disciplinary Action: An employee who violates any of the afore- mentioned alcohol misuse or controlled substances use prohibitions shall be removed immediately from performing duties in their safety sensitive position. An employee whose test results indicate an alcohol concen- tration of .02% or greater but less than .04% shall be prohibited from returning to a safety sensitive position until the start of the employee's next regularly scheduled duty period but not less than 24 hours following the administration of the test. An employee whose test results indicate an alcohol concentration of .04% or greater shall not return to work until a return-to-duty test has been administered with a result of less than .02% alcohol concentration. When test results indicate the use of alcohol or controlled substances by the employee, disciplinary action shall be undertaken in accordance with the Personnel Rules and Regulations, or the current labor agreement for bargaining unit employees. Supervisory personnel who administer this policy in a manner inconsistent with procedural guidelines shall be subject to disciplinary action.