HomeMy WebLinkAboutIR 160 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 22-160
To the Mayor and Members of the City Council November 1, 2022
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SUBJECT: DRUG TESTING POLICY AND CBD OIL ADVISORY
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This informal report will summarize City of Fort Worth's existing Drug- and Alcohol-Free Workplace policy,
testing requirements, and CBD Oil Advisory issued by the Human Resources (HR) Department. The
following information applies to general employees and civil service. Consistent with the Drug-Free
Workplace Act and the federal regulations issued by the US Department of Transportation (DOT), the
City's Personnel Rules and Regulations (PRRs) for general employees in Section 13.8 defines the rules
for the City's drug and alcohol program. The PRRs that apply to civil service employees contain similar
provisions regarding drug and alcohol testing. Below is a summary of the policy:
City employees are prohibited from possessing or consuming alcohol or illegal drugs in the workplace, or
from being under the influence of illegal drugs or alcohol while on duty. The City requires drug testing of
employees who operate commercial motor vehicles as regulated by DOT and safety-sensitive positions for
public safety, workplace safety, and accountability. Safety-sensitive positions are positions in which duties
may involve significant risk of injury to others, to the degree that a momentary lapse of attention could
result in disastrous consequences. The City requires drug or alcohol testing of employees in the following
situations:
• Pre-employment—Applicants and candidates for positions (involving promotions, demotions, and
transfers)
• Random — Monthly random selection program for those in safety-sensitive or DOT positions
• Post-accident (vehicle only) - 1) if a fatality occurs as a result of the accident, 2) if the City driver
receives a citation and a vehicle is towed, 3) if the City driver receives a citation and someone is
transported via ambulance from the scene.
• Responsible Cause - Employees who, while on duty, exhibit symptoms of being under the
influence of drugs or alcohol, as determined by a supervisor who is trained to recognize the
symptoms
The controlled substances for which a test may be conducted are marijuana, cocaine, opiates,
phencyclidine (PCP), and amphetamines/methamphetamines. In addition, the following are prohibited in
the workplace or while on duty:
• Alcohol consumption in the workplace (e.g., office, on any City property, in a City vehicle or
personal vehicle while on duty, worksite, etc.).
• Being under the influence of alcohol while on duty.
• The use, possession, distribution, dispensation, transportation, sale, or manufacture of illegal drugs
that violate state and federal controlled substances acts.
• The illegal use of prescription medicines.
• Being under the influence of prescribed or over-the-counter medication on duty when the use
causes impairment of job performance.
In October 2019, after the passage of Texas House Bill 1325 in June 2019 which legalized hemp-derived
products, HR issued an advisory on the use of CBD (cannabidiol) oil. The advisory outlines that a City
employee is prohibited from being under the influence of Tetrahydrocannabinol (THC) while working.
While hemp-derived products ("hemp" cannabis plant containing no more than 0.3% of THC per dry
weight) became legal in Texas in June 2019, the City prohibits employees from working while under the
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 22-160
To the Mayor and Members of the City Council November 1, 2022
Page 2 of 2
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SUBJECT: DRUG TESTING POLICY AND CBD OIL ADVISORY
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influence of THC, regardless of the source. Marijuana is a cannabis plant that contains more than 0.3% of
THC per dry weight, and its use remains illegal in Texas and prohibited by City policy. CBD products are
not currently regulated by the Food and Drug Administration (FDA) and may contain greater amounts of
THC than what is advertised on the label. THC is the primary psychoactive component of marijuana and
any product, including CBD products, with a concentration of more than 0.3% THC remains classified as
marijuana, a Schedule I drug under the federal Controlled Substances Act and a violation of the City's and
DOT regulations. Per DOT regulations 49 CFR Part 40, CBD use is not a legitimate medical explanation
for a laboratory-confirmed marijuana-positive result (0.3% THC or greater) even if an employee claims
they only used a CBD product. DOT and safety-sensitive employees must continue to comply with the
underlying regulatory requirements for drug testing policies as specified in 49 CFR part 40.
Any City employee using any CBD product runs the risk that the product may contain more THC than
allowed under the new Texas law and therefore, the use of that product, on or off duty, may violate the
City's Drug-and Alcohol-Free Workplace policy.
If you have any questions, Dianna Giordano, Human Resources at (817) 392-7783 and Civil Service
Director, are available.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS