HomeMy WebLinkAboutIR 7449 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7449
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��0i SUP To the Mayor and Members of the City Council April 3, 1990
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xreX Subject: SCHEDULE FOR IMPLEMENTATION OF
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SUBSTANCE-ABUSE TESTING PROGRAM
Statement of Purpose
As a public employer, the City of Fort Worth is entrusted with the health and safety
of its citizens. The presence of drugs and alcohol in the workplace and the influence
of these substances on employees during working hours is inconsistent with effective
city government. Therefore, a drug and alcohol policy has been proposed in order
to. maintain a safe work environment and to deliver effective, quality services to our
citizens.
Proposed Policy Provisions
Final candidates for employment with the City will be required to undergo a drug
screening procedure.
Employees holding sensitive jobs will be subject to random drug and alcohol testing.
Regardless of position, employees may be required to undergo substance abuse screening
whenever conduct on the job suggests the influence of drugs or alcohol.
Substance abuse screening will follow guidelines established by the U. S. Department
of Health and Human Services for drug testing and the U.S. Coast Guard for alcohol
testing.
All screening results will be held in the strictest confidence. Applicants and employees
who are tested will be provided with a copy of the results.
The City of Fort Worth recognizes that alcohol and drug abuse, as well as other problems
in life, can be successfully treated. In addition to or in lieu of disciplinary action,
City employees will be given the opportunity to successfully complete counseling or
a rehabilitation program to overcome addiction to drugs or alcohol. Employees who:
1) refuse to submit to testing; or 2) after a positive substance test refuse to seek
counseling or treatment; and 3 employees who violate the substance abuse policy
three times will be dismissed from City service.
Timetable for Review, Comments and Implementation
April 3, 1990 Begin comment period. The proposed policy will be issued to all
employees. A more detailed appendix will be available in all
departmental administrative offices, in Personnel, and all branch
libraries. The full procedures and appendix will also be provided
to all employee organizations. Comments are to be directed to Charlie
Shapard, Personnel Director.
May 1, 1990 End comment period.
May 8, 1990 Report to City Council on employee concerns and final proposed
policy provisions.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7449
April 3, 1990
0 To the Mayor and Members of the City Council
x
Subject: SCHEDULE FOR IMPLEMENTATION OF
1673 SUBSTANCE ABUSE TESTING PROGRAM
May 15, 1990 An M & C on the drug policy will be on the City Council agenda for
action. Testing for reasonable suspicion will begin as needed.
June 15, 1990 Begin testing all final candidates.
July 15, 1990 Random testing for sensitive positions to begin.
Charlie Shapard, Personnel Director, will be present at the workshop on April 3, 1990,
to review the proposed policy and timetable and respond to questions.
L&-1 David Ivory
City Manager
ISSLIED BY THE CITY MANAGER FORT WORTH, TEXAS
Alcohol and Substance Abuse in the Workplace
1.0 Purpose:
This regulation delineates the City's policy with regard to alcohol and
substance abuse in the workplace and the use of these substances which affect
employees ' performance during work hours and applicants seeking employment with
the City. The policies and procedures pursuant to this regulation are designed
to ensure a drug-free workplace, to provide for employee rehabilitation and to
deter irresponsible and illegal drug and alcohol use by employees.
2.0 Departments Affected:
All departments and applicants seeking employment with the City.
3.0 Policy:
It is the policy of the City of Fort Worth to maintain a safe work environment
conducive to effective city government operations. All personnel , equipment,
and operating practices are required to be consistent with the highest standards
of health and safety.
The presence of drugs and alcohol in the workplace and the influence of these
substances on employees during working hours is inconsistent with effective
government.
As a public employer, the City is entrusted with the health and safety of its
citizens. in keeping with this obligation, final candidates for employment with
the City will be required to undergo a drug screening procedure.
The City of Fort Worth recognizes that alcohol and drug abuse, as well as other
problems in life, can be successfully treated. In addition to or in lieu of
disciplinary action City employees will be given the opportunity to successfully
complete counseling or a rehabilitation program to overcome addiction to drugs
or alcohol. Employees who refuse to seek counseling or treatment and employees
who violate the substance abuse policy three times will be dismissd from the
City service.
3.1 The consumption of alcohol and the illegal use, possession, distribution,
dispensation, transportation, sale, or manufacture of dangerous drugs is
prohibited in the workplace. This prohibition includes any violation of
state and federal controlled substances acts.
3.2 An employee is also prohibited from performing official duties while under
the influence of alcohol or illegally used drugs or, if performance is
impaired, while under the influence of lawfully prescribed or over-the-
counter substances.
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3.3 In an effort to enhance worker productivity and protect the health and
safety of employees and the public, final applicants for City positions
will be tested for drugs; employees in sensitive positions will be subject
to tests for alcohol and drugs.
3.3.1 Final applicant - A person who is given a conditional offer of
initial employment, or a city employee who is conditionally approved
for a transfer or promotion. The City will not engage, employ, or
otherwise give a commitment of employment to a final applicant for a
position unless that person passes a drug test.
3.3.2 Sensitive Position:
a. A position involving duties which if performed with
inattentiveness, error: in judgment, or diminished coordination,
dexterity, or composure could clearly result in mistakes that
could present a real and imminent threat to the personal health
and safety of the employee, co-workers , and/or the public, and
which are performed with such independence that it cannot be
reasonably assumed that those mistakes could be prevented by a
supervisor or another employee.
b. A position where an employee has regular access to City funds.
c. A position where an employee ' s duties involve access to
confidential information, improper release of which could result
in substantial harm to City interests.
3.4 Random Testing - Employees in sensitive positions will be selected for
testing on a random basis in a manner to ensure that each covered employee
has a substantially equal chance of selection on a scientifically valid
basis. The testing frequency and selection process will be such that an
employee 's chance of selection continues to exist throughout his or her
employment in a sensitive position.
The City will ensure that employees in sensitive positions are tested on a
random basis at an annual rate of not less than 20% of those respective
employee categories . The frequency of testing will also be at random, but
will be sufficient to assure that the number of random tests conducted
annually will be equal to 20% of the number of employees in sensitive
positions.
3.5 Reasonable Cause - An employee who is reasonably suspected for using
alcohol or dangerous drugs in the workplace or of performing official
duties while under the influence of alcohol or dangerous drugs will be
required to undergo an alcohol or drug test.
3.6 Suspicious substance found - If a substance which appears to be a dangerous
drug is found within an area under the effective control of an employee, an
investigation will be conducted and, if warranted, appropriate disciplinary
action will be taken.
3.7 The City will conduct an alcohol and drug-free awareness program which will
provide employees and supervisors with initial and ongoing periodic
training regarding the department's policy, the personnel actions that will
be taken for violations of the policy, the specifics of the program, the
dangers of alcohol and drug abuse in the workplace, and the available
employee assistance, counseling and rehabilitation treatment programs.
3.8 An employee who voluntarily admits having a problem with alcohol or drug
abuse will be referred to an EAP for counseling or rehabilitation treatment.
The City will provide an employee assistance program and encourage
employees to voluntarily use the services of employee assistance , in
addition to counseling or rehabilitation treatment programs to deal with
alcohol or drug abuse before it affects job ,performance . Successful
completion of such programs may mitigate the need for discipline.
3.9 Refusal to consent to testing - An employee who refuses to consent to an
alcohol or drug test will be subject to discipline , up to and including
termination.
3.10 Consequences of failing an alcohol or drug test.
3.10.1 Final applicants . Final applicants who fail a pre-employment drug
test will be disqualified for consideration of employment. A final
applicant found ineligible may reapply after six (6) months, but
will be subject to the same qualifying requirements.
3.10.2 An employee who fails an alcohol or drug test will be terminated
unless he or she meets each of the following criteria:
a. The employee enters the Employee Assistance Program (EAP) and
successfully completes counseling or an alcohol or drug
rehabilitation treatment program approved by the Texas
Commission on Alcohol and Drug Abuse (successful completion of
counseling or rehabilitation treatment program must be
certified to the substance control officer in writing by the
person or organization providing these services);
b. The employee passes an alcohol or drug test after successfully
completing counseling or rehabilitation treatment;
c. The employee consents, in writing on a form to be prescribed by
the City, to increased unannounced testing for a period of up
to 24 months; and
d. The employee is found by the medical review officer to be drug-
free and to pose a sufficiently low risk for subsequent illegal
drug use to justify his or her return to work ( the medical
review officer shall determine the length of time , up to 60
months , during which the covered employee will be subject to
increased, unannounced testing).
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3.11 Recurrence of substance abuse - Upon a third recurrence of the necessity to
refer an employee to EAP, counseling, or rehabilitation treatment under the
City' s substance abuse policy, the employee will not be referred but will
be terminated.
3.12 Testing Procedures - An individual who is required to undergo an alcohol or
drug test, will be requested to sign a consent form to be prescribed by the
City, and to report to a medical review officer, or in the case of an
alcohol breath test to report to the Police Department. All alcohol and
drug tests will be conducted at City expense with the exception of the
retest as discussed in 3.13.
3.12.1 Procedures for collecting urine specimens will allow individual
privacy unless there is reason to believe that a particular
individual may alter or substitute the specimen to be provided.
3.12.2 A chain of custody for each specimen to be chemically tested will
be established and maintained from the time of specimen collection
through the testing of the specimen.
3.12.3 Each specimen will be analyzed in accordance with the United States
Department of Health and Human Services guidelines which requires
testing for:
a. marijuana;
b. cocaine;
c. opiates;
d. phencyclidine (PCP); and
e. amphetamines.
3.13 Appeal and Retesting - A final applicant or employee may appeal the results
of a positive drug test by requesting in writing that a portion of the
original urine sample be provided to another Department of Health and Human
Services (DHHS) approved laboratory, for retesting, and by procuring the
services of a licensed physician meeting the qualifications of the medical
review officer to interpret the test result , all at the expense of the
final applicant or employee. In the event that the result of the retest is
negative, indicating that the positive result of the first test was
erroneous,, the City will reimburse the employee for the cost of the retest.
3.14 Confidentiality, Records and Retention - All information related to the
alcohol and drug testing of individuals will be held in strict confidence
consistent with the provisions of applicable law.
The EAP and the Occupational Health Clinic shall be responsible for
retaining all confidential records relating to the substance abuse program
which include training, testing, disciplinary actions , rehabilitation,
appeals, and litigation. All documentation which contains information
related to an employee 's positive test result , such as documentation of
disciplinary actions, should be maintained in a locked file separate and
apart from that employee 's standard personnel file . All records of
individuals who pass a test will be retained for at least five years .
These records include all records related to each individual , i .e . ,
op** training, testing, disciplinary action including termination, documentation
of post-accident and reasonable cause determinations , consent forms ,
rehabilitation, appeals and litigation.
4.0 PROCEDURES/RULES:
See Appendices.
5.0 APPENDIX/APPENDICES.
5.1
5.2
5.3
5.4