§ 2-284. Reasonable suspicion testing.

(a)

Applicability of reasonable suspicion testing. All employees covered herein will submit to a drug and alcohol test if the city has reasonable suspicion that the employee is under the influence of drugs, alcohol, and/or inhalants while on-duty time. This testing procedure shall also apply to all co-op students, seasonal, part-time, interns, and any temporary employees hired through an employment agency.

(b)

Reasonable suspicion assessment by management. A department director or designee will perform an assessment of the employee by describing the incident in writing using form DA1—reasonable suspicion observation (see subsection (c) reasonable suspicion testing procedures outlined below). The department director or designee will also require an employee submit to a drug and alcohol test when there is "reasonable suspicion" based on observed objective facts that he is under the influence of alcohol, drugs, and/or inhalants while on-duty time. Reasonable suspicion may be evidenced by the employee's inability to perform the functions of the job or a reduction of the employee's ability to perform their duties safely. Objective facts may include, but are not limited to, any of the following physical symptoms or characteristics:

• Glassy or bloodshot eyes.

• Slurred speech.

• Impaired physical coordination and poor reflexes.

• Abnormal or erratic or bizarre behavior.

• Unprovoked fighting or combative behavior.

• Smell of alcohol on breath or smell of marijuana.

• Unsteady gait.

• Possession of drugs or alcohol.

• Admission of intoxication or being under the influence of illegal drugs while on the job.

• Direct observation of drug or alcohol use.

The decision to require an employee to submit to a drug and alcohol test will be made by at least two (2) management officials, including but not limited to the immediate supervisor and the department director or respective designees.

(c)

Reasonable suspicion testing procedures.

(1)

Both the department director and supervisor, or their designees, will describe the incident in writing by completing form DA1—reasonable suspicion observation, documenting the circumstances leading to the conclusion that a drug and/or alcohol test is necessary. Such documentation will include the date, time, place, and description of the incident including statements of witnesses, if applicable. The reasonable suspicion observation form is required to be completed by both the supervisor and director prior to the supervisor driving the employee to the testing facility.

(2)

After documenting the incident, the department director and supervisor or their designees will forward the forms to the EHN. The EHN will note the paperwork and contact the medical review officer (referred to as "MRO") to have the employee tested. The employee will be transported to the testing facility by the supervisor/designee. The EHN will contact the human resources director to report the incident and provide a copy of the documented incident as soon as possible.

(3)

Any director, manager, supervisor or risk management personnel who suspect any city employee to be under the influence of drugs, alcohol, and/or inhalants shall notify the suspected employee's director and immediate supervisor to allow for reasonable suspicion assessment, using form DA1. If the department director does not concur with the assessment, the director may refer the employee, using form DA2—reasonable suspicion referral form, to the EHN/designee for further examination of the employee. The EHN will then make a recommendation using the same referral form.

(4)

If the director/designee does not recommend testing of suspected employee, the reasons the employee was not tested must be thoroughly documented by the director/designee and forwarded to the human resources department director.

(5)

Any employee who is reasonably suspected of drugs, alcohol, and/or inhalants abuse while working shall be tested for both drugs and alcohol and will not be allowed to operate any motor driven equipment owned/leased by the city until cleared to drive by the MRO and the EHN/designee. An employee tested for alcohol under reasonable suspicion whose results are negative shall be allowed to return to work if both the drug and alcohol test results are negative. The conclusive drug test will also have to be confirmed negative by the MRO. Once confirmed negative by the MRO, the employee will be allowed to resume operation of motor driven equipment owned/leased by the city. Should the drug test indicate a positive test result, the employee shall not be allowed to work and will be subject to immediate termination.

(6)

Any employee who informs their supervisor that he may have a drug, alcohol, and/or inhalant problem shall be immediately referred to the EHN. The employee will then be referred to the substance abuse professional for drug and alcohol testing. Such disclosure by the employee to any supervisor shall be kept confidential by the supervisor. The employee will be required to participate in the EAP. If the employee has already participated in the EAP and tests positive for drug and/or alcohol, they shall be terminated effective immediately; this shall apply to employees who fall under the guidelines of the department of transportation (DOT) and non-DOT employees who are under the EAP for recovery or rehabilitation purposes.

(7)

After drug and alcohol testing, the department director or supervisor or the designees will make suitable arrangements to have the employee transported home. If at any point in this process the employee becomes combative, the police department will be contacted.

(8)

Any evidence or pertinent materials such as the following will be collected: drugs, drug paraphernalia, and containers. Appropriate steps must be taken to secure the area to maintain integrity of evidence.

(9)

If an employee's alcohol concentration is greater than zero (0) but less than 0.02 and he shows no signs of impairment then the employee will be referred to the employee health nurse for assessment and possible referral to the employee assistance program.

(Ord. No. 2008-O-011, § V, 1-7-08)