§ 2-283. Pre-employment, post-job offer, promotions and random testing of safety sensitive positions.

Drug and alcohol testing shall be required of all applicants receiving an offer of employment. Before an applicant submits to a drug and alcohol test, he shall be notified of the testing procedure and consequences of testing positive.

(a)

Drug and alcohol testing requirement. The applicant or employee will be required to sign a drug and alcohol test release of authorization and consent form (see form DA3), acknowledging his understanding of the test, authorizing the diagnostic procedure and releasing the test results to the City of Laredo.

(b)

Offer of employment to the selected applicant. Compliance with this policy is a condition of employment for any selected applicant. Failure to sign any document required herein, and/or to undergo testing as required, is considered a violation of this policy and the job offer will be automatically withdrawn.

(1)

A selected applicant offered a job will be referred by the human resources department to the employee health and wellness division in order to coordinate the drug and alcohol test. If the applicant fails to be tested within twenty-four (24) hours from the date and time of contact by the human resources department, then the applicant fails to meet the requirements for employment and the offer is automatically withdrawn.

(2)

Any selected applicant includes those that need parental consent, such as minors who may fill a position with the City of Laredo to include the following: co-op student, part-time, interns, temporary employees and any staff hired through employment agencies shall also adhere to this policy. The consent will include both a form of picture identification by the parent or legal guardian, and a form of picture identification from the actual student applying for such position.

(3)

Any selected applicant whose tests results are verified positive for alcohol will have their job offer automatically withdrawn and will not be hired.

(4)

Any selected applicant who tests positive for drugs and fails to provide proper documentation that the drug was properly prescribed fails to meet the requirements for employment and the offer of employment is automatically withdrawn.

(5)

Any selected applicant who tests positive or has previously tested positive for drugs or alcohol during the pre-employment phase will not be hired for two (2) years from date of testing. Any future applicant must show written proof of rehabilitation in order to be reconsidered for employment.

(c)

Promotion or transfer to safety sensitive position by employee.

(1)

Drugs. An employee who is applying for a promotion or transfer to a safety sensitive position within the city and tests positive for drugs shall be terminated effective immediately.

(2)

Alcohol. An employee who is applying for a promotion or transfer to a safety sensitive position who tests positive for alcohol will be immediately placed on leave without pay and will be referred by the employee health nurse (referred to as "EHN") to a substance abuse professional, under our employee assistance program (referred to as "EAP"), until certified to return to work. Thereafter, employee will be admitted under the EAP return to work policy and procedure. It is the department director's option to either fill the safety sensitive position with the next qualified applicant or hold the position open until the employee is certified to return to work at which time they will be retested for drugs and alcohol.

(d)

Random testing of safety sensitive positions. All persons in safety-sensitive functions/positions, as per policy definition, shall be subject to random drug and alcohol testing.

(Ord. No. 2008-O-011, § IV, 1-7-08)