FEDERAL HEIGHTS POLICE DEPARTMENT

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1 FEDERAL HEIGHTS POLICE DEPARTMENT Effective Date: May 1999 Directive: Approved By: Chief Acker (City of Federal Heights Personnel Code) Employee Drug or Alcohol Abuse Section XII. - Drugs and Alcohol. 1. Applicability. a. This policy applies to all employees except for those with commercial drivers licenses who are subject to the policy set forth in Appendix B. 2. Policy. a. The illegal use, manufacture, distribution, dispensation, possession or use of controlled substances, as defined by Colorado Revised Statutes (C.R.S.) et seq. (also referred to as illegal drugs ) or impairment by over-the-counter or prescription drugs or alcohol, regardless of the source of the alcohol, during working hours or on City premises or other work sites where employees are present, is prohibited. b. Any employee who violates this policy shall be subject to discipline up to and including termination and may be required to complete a City approved drug or alcohol abuse assistance or rehabilitation program. c. An employee convicted of manufacturing, distributing, dispensing, using or possessing any controlled substance in the work place (or entering a plea of guilty or nolo contendere) must, within five days of such event, notify the Human Resources Director. d. The City shall provide a drug free awareness program to inform employees of the dangers of drug use in the workplace, drug counseling, rehabilitation and employee assistance programs, and penalties that may be imposed for drug violations. e. The adoption of this policy demonstrates the City s good faith effort to comply with the Drug Free Workplace Act of Definition of Policy Violations. 1

2 a. Any employee who has tested as having 0.04 or more grams of alcohol per 100 milliliters of urine or per 100 milliliters of blood, or per 210 milliliters of breath, will be deemed impaired by alcohol. b. Any employee testing positive for an illegal drug will be deemed illegally using such drug. 4. Testing - General. a. Breath and/or urine tests shall be conducted to determine the presence of illegal drugs or alcohol under the following circumstances. (1) When reasonable suspicion exists to believe that an employee is impaired by alcohol or using illegal drugs while on the job, as described in subsection 5. of this section. (2) After certain motor vehicle accidents as described in subsection 6. of this section. (3) In conjunction with medical examinations for certain police, fire and ambulance personnel as described in Subsection 7. of this Section. 5. Reasonable Suspicion Testing. a. If reasonable suspicion exists to believe that an employee, while on the job, is impaired by alcohol or using illegal drugs, the employee s supervisor, other supervisory personnel or the Department Director, may require the employee to immediately submit to testing. b. Reasonable suspicion may be based on the following: (1) Witnessing by at least one supervisory personnel of an employee s unusual demeanor, appearance or conduct, or irrational behavior which is characterized by, for example: slurred speech, lack of balance, excessive aggressiveness, docility or drowsiness, difficulty in performing or inability to perform normal job functions or smell of alcohol or illegal drugs. on the job. (2) Suspected possession of or use of alcohol or illegal drugs (3) A determination by a supervisor in the employee s chain of command, based on a review of surrounding facts and 2

3 circumstances, that an employee might be at fault in an onthe-job accident or injury, or an accident, involving City equipment, property or personnel. In making such determination, the supervisor should consider such factors as recommendations from the employee s immediate supervisor; injury to the employee or others; damage to property; concern for the safety of the employee or others; and pertinent behavioral factors. c. Alcohol tests under this Subsection 5 should be performed as soon as possible after the determination of reasonable suspicion. (1) If an alcohol test is not performed within 2 hours of the determination of reasonable suspicion, the supervisor who made the determination must document the reasons for the failure. (2) If an alcohol test is not performed within 8 hours of the determination of reasonable suspicion: (a) No further efforts to test will be made based on that determination, and the supervisor who made the determination must document the reasons for the failure. 6. Reasonable Suspicion / Post-Accident Testing. a. Where supervisory personnel have reasonable suspicion to believe that an employee involved in a motor vehicle accident is impaired by alcohol or using illegal drugs, the employee shall provide, as soon as possible after the motor vehicle accident, breath and urine sample to be tested for illegal drugs and alcohol at a testing site designated by the City. b. For the purposes of this Subsection 6., the term motor vehicle accident includes an occurrence during the course of performing City job duties which involves either a City vehicle or the employee s personal vehicle and results in: (1) A fatality or bodily injury to anyone; or (2) Damage to a vehicle or any other property; or accident. (3) A citation for a moving traffic violation arising from the 3

4 c. Unless unable to do so because of a serious injury, the employee must immediately contact a supervisor in the employee s chain of command to report the accident. The supervisor will contact the Department Director. If either the supervisor or the Department Director determines that the employee shall be tested under this Subsection 6, transportation will be arranged to take the employee to the designated testing site. d. If the employee is seriously injured and cannot provide a sufficient breath or urine sample, the employee shall provide the necessary authorization to permit the City to obtain hospital reports and other documents that would indicate the concentrations, if any, of alcohol or illegal drugs in the employee s system. e. Alcohol tests under this Subsection 6. should be performed as soon as possible after the accident. (1) If an alcohol test is not performed within 2 hours of the accident, the supervisor who ordered the test must document the reasons for the failure. (2) If an alcohol test is not performed within 8 hours of the accident, no further efforts to test will be made based on that determination, and the supervisor who made the determination must document the reasons for the failure. f. An employee subject to testing under this Subsection 6. shall not use alcohol for either 8 hours following the motor vehicle accident, or until the employee undergoes a post-accident alcohol test, whichever comes first. 7. Other Testing Circumstances. a. All applicants shall be subject to pre-employment drug testing. 8. Results of Drug or Alcohol Use. a. Any employee found on the job to be impaired by alcohol or using illegal drugs may be terminated if: (1) Driving is a required function of the employee s position as determined by the employee s job description; (2) The employee was operating a City vehicle or equipment, or the employee s personal vehicle on City business, when the employee was impaired by alcohol or using illegal drugs; or (3) Other substantial safety concerns of the City are at stake. 4

5 b. Any employee found to be impaired by alcohol or using illegal drugs on-the-job shall be subject to disciplinary action. 9. Refusal to Submit to Testing. a. An employee who refuses to submit to drug and alcohol testing in compliance with this policy shall be deemed to have tested positive for illegal drugs and/or to be impaired by alcohol on-the -job. Refusal to submit to testing includes any of the following: 10. Testing Procedure. (1) Refusal to take the test; (2) Inability to provide within 4 hours sufficient breath or urine to be tested, without a valid medical explanation; (3) Tampering with or attempting to tamper with or adulterate the specimen or collection procedure; (4) Failure to comply with the requirement of Paragraph f. of Subsection 6. of this Section which requires that an employee shall not use alcohol for either 8 hours following a motor vehicle accident or until the employee undergoes a post-accident alcohol test, whichever comes first; (5) Not reporting to the designated testing site at the scheduled time; or (6) Refusal to provide the necessary authorization for obtaining hospital reports and other documents as required under Paragraph d. of Subsection 6. of this Section. a. The supervisory personnel making the determination of reasonable suspicion under Subsection 5. of this Section or ordering the post-accident test under Subsection 6., shall prepare a testing referral form, setting forth the basis for the finding of reasonable suspicion, or post-accident testing, as appropriate. The form shall be accompanied by other pertinent information, including names of witnesses of the circumstances or behavior that led to the referral. The supervisor shall make arrangements to have the employee tested immediately. 5

6 b. Test results shall be held in confidence by the laboratories with which the City contracts, and by the City, and shall only be disclosed to the employee tested, any personnel involved in supervisory or disciplinary capacities with regard to the employee, or City personnel or agents participating in administrative or legal proceedings which concern in any manner the test results. 6

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