Ordinance No. 50-88-9 v ORDINANCE NO. 50-88-9
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA, TO PROVIDE A POLICY ON
THE USE OF DRUGS AND ALCOHOL; PROVIDING DRUGS TO BE
TESTED FOR; PROVIDING JOB APPLICANT TESTING STAN-
DARDS; PROVIDING CURRENT EMPLOYEE TESTING STANDARDS;
PROVIDING FOR WRITTEN NOTICE; PROVIDING FOR CONSENT;
PROVIDING FOR HEARINGS; PROVIDING FOR CONFIDENTIAL-
ITY; PROVIDING FOR LAB TESTING REQUIREMENTS; PROVID-
ING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
Section 1 . Drugs to be Tested For.
When drug and alcohol screening is required under the
provisions of this policy, a urinalysis test will be given to
detect the presence of the following drug groups :
(a ) Alcohol (ethyl)
(b) Amphetamines (e.g. , speed)
(c) Barbituates (e.g. , Amobarbital, Butabarbital,
Phenobarbital, Secobarbital)
(d) Cocaine
(e) Methaqualone (e.g. , Quaalude)
(f ) Opiates (e.g. , Codeine, Heroin, Morphine,
Hydromorphone, Hydrocodone)
(g) Phencyclidine (PCP)
(h) THC (Marijuana)
Section 2 . Job Applicant Testing: General Standard.
Applicants for the following safety-sensitive positions will
be required to undergo a drug and alcohol test upon an offer of
employment and prior to their final appointment:
(a) Police and law enforcement officers
(b) Firefighters
(c) Paramedics
(d) Lifeguards
(e) Truck drivers
(f ) Heavy equipment operators
(g) 911 emergency dispatch operators
Section 3 . Current Employee Testing: General Standard.
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The City may require a current City employee to undergo drug
and alcohol testing if there is reasonable suspicion that the
employee is under the influence of drugs or alcohol during work
hours . "Reasonable suspicion" means an articulate belief based
on specific facts and reasonable inferences drawn from those
facts that an employee is under the influence of drugs or
alcohol . Circumstances which constitute a basis for determining
"reasonable suspicion" may include, but are not limited to:
(a) a pattern of abnormal or erratic behavior;
(b) information provided by a reliable and credible source;
(c) a work-related accident;
(d) direct observation of drug or alcohol use; or
(e) presence of the physical symptoms of drug or alcohol
use ( i .e. , glassy or bloodshot eyes, alcohol odor on
breath, slurred speech, poor coordination and/or
reflexes ) .
Supervisors are required to detail in writing the specific
facts, symptoms, or observations which formed the basis for their
determination that reasonable suspicion existed to warrant the
testing of an employee. This documentation shall be forwarded to 1010
the appropriate department head or designee.
Section 4 . Supervisor Training.`
The City shall develop a program of training to assist
supervisory personnel in identifying drug and alcohol use among
employees . Such training will be directed towards helping
supervisors recognize the conduct and behavior that give rise tc
a reasonable suspicion of drug or alcohol use.
Section 5 . Prior Notice of Testing Policy.
The City shell provide written notice of its drug and
alcohol testing policy to alp_ employees and job applicants . The
notice shall contain the following information:
;a ) tha noed for drug and a.lcohc.'_ te3t:_ng;
(b) the circumstances under which testing may be required;
(c) the proceeure for confirming an initial positive drug
test result.;
(d) the consequences of a confirmed positive test result;
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(e) the consequences of refusing to undergo a drug and
alcohol test;
( f ) the right to explain a positive test result and the
appeal procedures available; and
(g) the availability of drug abuse counseling and referral
services .
Section 6 . Consent.
Before a drug and alcohol test is administered, employees
and job applicants will be asked to sign a consent form
authorizing the test and permitting release of test results to
those City officials with a need to know. The consent form shall
provide space for employees and applicants to acknowledge that
they have been notified of the City's drug testing policy and to
indicate current or recent use of prescription or over-the-
counter medication.
The consent form shall also set forth the following
information:
(a ) the procedure for confirming an initial positive test
result;
(b) the consequences of a confirmed positive test result;
(c) the right to explain a confirmed positive test result
and the appeal procedures available; and
(d) the consequences of refusing to undergo a drug and
alcohol test.
Section 7 . Refusal to Consent: Applicants .
A job applicant who refuses to consent to a drug and alcohol
test will be denied employment with the City.
Section 8 . Refusal to Consent: Employees .
An employee who refuses to consent to a drug and alcohol
test when reasonable suspicion of drug or alcohol use has been
identified is subject to disciplinary action up to and including
termination. The reason(s) for the refusal shall be considered
in determining the appropriate disciplinary action.
Section 9 . Confirmation of Test Results .
An employee or job applicant whose drug test yields a
positive result shall he given a second test using a gas
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chromotography/mass spectrometry (GC/MS) test. The second test
shall use a portion of the same test sample withdrawn from the
employee or applicant for use in the first test.
If the second test confirms the positive test result, the
employee or applicant shall be notified of the results in writing
by the appropriate department head or designee. The letter of
notification shall identify the particular substance found and
its concentration level .
An employee or applicant whose second test confirms the
original positive test result may, at the employee ' s or
applicant's own expense, have a third test conducted on the same
sample at a laboratory selected by the City.
Section 10 . Consequences of a Confirmed Positive Test
Result.
(a) Applicants . Job applicants will be denied employment
with the City if their initial positive test results have been
confirmed. Applicants shall be informed in writing if they are
rejected on the basis of a confirmed positive drug test result.
(b) Employees . If an employee's positive test result has
been confirmed, the employee is subject to disciplinary action up
to and including termination. Factors to be considered in
determining the appropriate disciplinary response include the
employee ' s work history, length of employment, current job
performance, and the existence of past disciplinary actions . No
disciplinary action may he taken against employees who
voluntarily identify themselves as drug users, obtain counseling
and rehabilitation through an approved Employee Assistance
Program, and thereafter refrain from violating the City's policy
on drug and alcohol abuse.
Section 11 . The Right to a Hearing.
If an employee's positive test result has been confirmed,
the employee is entitled to a hearing before the City may take
any disciplinary action. The employee must make a written
request for a hearing to the appropriate department head or
designee within 13 days of receipt by the E!up).oyee of the
confirmation test results . Employees nay be represented by legal
counsel, present evidence and witnesses on their behalf, and
confront and cross-examine the evidence and witnesses used
against them.
No adverse personnel action may be taken against an employee
based on a confirmed positive drug test result unless the hearing
officer finds by a preponderance cf the evidence that:
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4bp, (a) the employee's supervisor had reasonable suspicion to
believe that the employee was under the influence of
drugs or alcohol while on the job; and
(b) the employee's drug test results are accurate.
Within 20 days following the close of the hearing, the
hearing officer shall issue a written decision and a brief
summary of the facts and evidence supporting that decision.
Section 12 . Mandatory EAP Referral .
Upon the first confirmed determination that an employee is
under the influence of drugs or alcohol, the City shall refer the
employee to an Employee Assistance Program for assessment,
counseling, and rehabilitation. Participation in an EAP is
voluntary and no disciplinary action may be taken against an
employee for failure to begin or complete an EAP program.
Disciplinary action based on a violation of the City's drug and
alcohol policy is not automatically suspended by an employee's
participation in an EAP and may be imposed when warranted.
Section 13 . Confidentiality of Test Results .
All information from an employee's or applicant's drug and
alcohol test is confidential and only those with a need to know
4110 are to be informed of test results . Disclosure of test results
to any other person, agency, or organization is prohibited unless
written authorization is obtained from the employee or applicant .
The results of a positive drug test shall not be released until
the results are confirmed. The records of unconfirmed positive
test results and negative test results shall be destroyed by the
testing laboratory.
Section 14 . Privacy in Drug Testing.
Urine samples shall be provided in a private restroom stall
or similar enclosure so that employees and applicants may not be
viewed while providing the sample. Employees and applicants will
be given hospital gowns to wear while they are providing test
samples in order to ensure that there is no tampering. Street
clothes, bags, briefcases, purses, and other containers may not
be carried into the test area. The water in the commode shall be
colored with blue dye to protect against dilution of test
samples .
Section 15 . Laboratory Testing Requirements .
All drug and alcohol testing of employees and applicants
shall be conducted at medical facilities or laboratories selected
by the City. To be considered as a testing site, a medical
• facility or lab must submit in writing a description of the
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procedures that will be used to maintain test samples . Factors
to be considered by the City in selecting a testing facilit}
include:
(a) testing procedures which ensure privacy to employees
and applicants consistent with the prevention of
tampering;
(b) methods of analysis which ensure reliable test results,
including the use of gas chromotography/mass
spectrometry to confirm positive test results;
(c) chain-of--custody procedures which ensure proper
identification, labeling, and handling of test samples;
and
(d) retention and storage procedures which ensure reliable
results on confirmatory tests of original samples .
Section 16 . Repeal of Conflicting Ordinances . All
ordinances or parts of ordinances in conflict herewith, be and
the same are, to the extent that the same may be in conflict,
hereby repealed .
Section 17 . Effective Date. This ordinance shall take
effect immediately.
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Passed by the City Commission on first reading April 11, 1988
Passed by the City Commission on second & final reading May 9, 1988
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Willia S. 'owell, Mayor, Presiding Officer
Approved as to form and correctness:
Ai a-41,AE4
Claude L. Mullis, C.'ty erney
ATTEST:
Adelaide R. Tucker, City Clerk