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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. 41110 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; 4 - 2 - (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 - 3 - 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: - 4 -- /r 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 - 5 - 11 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. IIP * * * * * * * * * * * * * Passed by the City Commission on first reading April 11, 1988 Passed by the City Commission on second & final reading May 9, 1988 //62e 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