165 Substance Abuse Policy Flashcards
Employees who voluntarily seek assistance for an alcohol or drug-related problem before it becomes a subject of formal discipline will not be subject to disciplinary action. Rehabilitation, however, is the responsibility of the employee.
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Employees shall not be subject to random testing for the purpose of discovering possible drug or alcohol abuse unless mandated by state or federal law.
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In order to enforce the City’s prohibition against the use of drugs, employees may be requested to undergo a drug screen test if the City has a reasonable suspicion that an employee has used or is using a drug. “Reasonable Suspicion” shall mean that articulable facts or information exists which appear reliable and discloses facts or circumstances which, when taken together, would convince an ordinary, reasonable person that the suspected person is under the influence of a drug. Drug test results gathered under this policy will not be used in a criminal investigation or prosecution.
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No drug test shall be conducted without the consent of the employee, but refusal by the employee to submit to drug testing will be deemed an admission of violation of this policy, thus subjecting the employee to the risk of discipline, up to and including termination.
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The City may request that a specific employee submit to a search of his/her person or property if the City has probable cause that the employee has any drug concealed in a particular place on City property. Searches of persons or property shall be conducted consistent with provisions of individual bargaining unit agreements where applicable.
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The City recognizes that a flexible approach will be necessary in handling violations of this policy. As a result, the measures taken in response to a particular violation will depend on a number of factors, including the nature of the violation, the risks to health and safety created by the violation, the employee’s willingness to take steps toward rehabilitation and the employee’s length of service and employment record. All employees should be aware that any violation may result in termination of employment
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Employees who violate this policy will be subject to progressive discipline. Normally, a first offense will result in requirement that the employee successfully complete a course of rehabilitation if such course is suggested by a counselor. An employee may be suspended during such rehabilitation depending on the facts of each case. Upon completion of a course of rehabilitation following a first offense, the employee will sign a contract (copy attached), agreeing to submit to random testing at the City’s expense and on City time during the six calendar months following the employee’s return to work. During this six-month period, failure to submit to the appropriate drug screen test will result in immediate termination. However, if there are mitigating circumstances and the employee has a significant amount of service with the City and a work record which is otherwise reasonably good, a second rehabilitation may be attempted. A third violation will result in immediate termination.
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