CITY OF EL CENTRO POLICY STATEMENT

Transcription

1 CITY OF EL CENTRO POLICY STATEMENT Policy Statement No: 216 Category: Human Resources Subject: DRUG AND ALCOHOL FREE WORKPLACE Adopted: July 1994 Revised: July 2006 I. PURPOSE In recognition of the City of El Centro s (City) responsibility to maintain a safe, healthy and productive work environment, and in recognition of the responsibility of each City elected official, officer, employee, recognized employee organization and contractor to perform services for the public as safely, effectively and efficiently as possible, the City, and all of the parties listed above, commit that the work environment and the services performed shall not be adversely affected or impaired in any way by the use or presence of alcohol or drugs. The City currently has the right and responsibility to eliminate any circumstance or activity that might impair or reduce the date and effective performance of City services, under California Government Code Sections 8350 and 8355 and the Federal Drug Free Workplace Act of II. OBJECTIVES To strengthen the leadership role for the City and for each City elected official, officer, employee, recognized employee organization and contractor in ensuring a drug-free work environment. To provide a safe, productive and healthy work environment. To provide efficient, safe and economical services to the public. To provide a City work environment free of any adverse effects caused by drug or alcohol use or abuse.

2 Page 2 of 5 To provide assistance toward rehabilitation for any city employee seeking help for a drug or alcohol related problem. III. DEFINITIONS For the purposes of this policy, the following terms shall have the following meanings: 1. Alcohol: any alcoholic beverage as defined in the California Business and Professional Code Sections and City Property: all City property, worksites, parking lots, city vehicles, including property assigned to or used by employees such as desks, lockers and any storage containers. All city property is subject to search at anytime. Employees using personal locks to secure containers must issue the City with a copy of the lock s combination or key. 3. Critical Incident: any incident that caused injury to persons or property while acting within the scope of employment with the City. 4. Reasonable Suspicion: good faith belief, based on facts or evidence that a person may be under the influence of alcohol or drugs while on duty with the City. 5. Pre-Placement: any person applying for a position with the City. This includes all applicants for employment and promotions within the City. 6. Contractor: any person or entity that enters into a contract with the City to provide services. 7. Controlled Substance: any narcotic drug or immediate precursor which is specified or referenced in any provision of the California Uniform Controlled Substance Act (Division 10 of the California Health and Safety Code) which may subject an individual to criminal penalties. 8. Drug: any drug, including but not limited to illegal drugs, prescription medications and over-the-counter medications. 9. Illegal Drug: any substance, drug, narcotic or immediate precursor which may subject an individual to criminal penalties, or a legal drug which has not been legally obtained or is being used in a manner for which it was not prescribed or intended. 10. Reduction in Job Performance: the quality or quantity of an employee s performance on the job is less than should be expected or accepted, or less than his/her usual standard as judged against the past job performance of an individual employee.

3 Page 3 of Legal Drug: any over-the-counter drug or prescription drug which has been legally obtained and is being used in a manner, combination and quantity for which it was manufactured, prescribed, or intended. 12. On-Duty for the City: the span of time between the time the employee reports for his/her work shift through the time the employee ends duty for the same shift, and also, while on paid standby duty. 13. Under the Influence: a drug is present in the employee s bodily system in a detectable amount and/or alcohol is present in the employee s bodily system above the level set forth in the California Vehicle Code (Section (b) or its successor statute). IV. POLICY A. City Officials, Officers, Agents and Employees: It is the policy of the City that a City Official, officer, agent or employee (hereinafter refereed to as employee ) shall be responsible for the following: 1. An employee s job performance or safety shall not be impaired or affected in any way by the use or abuse of alcohol or drugs. 2. An employee shall not have any detectable amount of illegal drugs within their bodily system while employed by the City. This includes alcohol at or above the limit set by California Vehicle Code Section 23152(b) or its successor. 3. An employee shall not manufacture, distribute, dispense, possess or use a controlled substance or otherwise be in any contact with alcohol or illegal drugs while on duty with the City, unless it is required in the course of performing his/her official duties. 4. An employee shall notify his/her supervisor, before reporting for any City duties, of any medications or prescription medications that he/she is taking that impairs the employee s motor skills and jeopardizes the safety of City employees or the public. 5. Based on reasonable suspicion or in the event of a critical incident, an employee shall complete a drug and/or alcohol testing process when directed by his/her supervisor, department head, City Manager or his designee, consistent with this Policy and applicable State and Federal laws.

4 Page 4 of 5 6. An employee shall notify the City, in writing, of any criminal drug or alcohol statute convictions, or of being detained or taken into custody for such activity, no later than five calendar days after any such incident. 7. All substance abuse testing will be conducted in a medically approved manner consistent with State and Federal laws on the subject. Specific actions that will be taken against employees for violations of this Drug and Alcohol Free Workplace Policy are referenced in the current City of El Centro Personnel Rules and Regulations and appropriate MOUs, contracts and City Resolutions. No action shall be taken if any portion of this policy violates current City employee contracts or applicable state laws. This Policy shall be distributed to all City of El Centro elected officials, department heads, supervisors, representatives of employee groups, all current employees and all new employees. This policy shall be implemented by requiring appropriate MOUs, resolutions, and contract provisions be included or be incorporated by reference in MOUs, resolutions or contracts between the City and employees or employee groups. B. Contractor: It is the policy of the City Council that in order to attain or maintain a contract with the City, each contractor shall agree that while he/she or the contractor s employees are performing services for the City, or using City equipment that the contractor or the contractor s employees: 1. Shall not, in any way, be impaired or effected by the use or abuse of alcohol or drugs. 2. Shall not manufacture, distribute, dispense, possess, or use a controlled substance or alcohol while on City property or performing services for the City or be under the influence of alcohol or illegal drugs. Each contractor must provide to the City a Drug-Free Workplace Certification and a copy of their Drug Free Workplace Program which must include: 1. The dangers of drug abuse in the workplace. 2. The policy of maintaining a drug-free workplace. 3. Available drug counseling, rehabilitation, and employee assistance programs 4. The penalties that may be imposed upon employee for drug abuse violations. 5. The drug-testing components equal to or greater than the City s Drug Free Workplace Program requirements.

5 Page 5 of 5 This policy, as it relates to contractors, shall be implemented by requiring appropriate contract provisions to be included in any contract between the City and a contractor, including contractor s employees. C. Applicants for City Employment/Promotions: 1. An applicant for a position with the City shall be required to participate in and successfully complete a drug or alcohol analysis testing process as part of the City s medical/physical pre-placement process. Failure or inability to successfully complete the drug or alcohol analysis testing process will constitute disqualification of the applicant for the position or promotion. 2. This policy shall be distributed to all new employees at the time of appointment and basic information about this program shall be made available to applicants for City jobs or positions through the job announcement. V. CITY MANAGER AUTHORIZED EXCEPTIONS On special and infrequent occasions, consumption of alcoholic beverages and, therefore, open containers of alcohol may be allowed on City property, however only upon specific prior written authorization from the City Manager for a special event. On such authorized occasions, the consumption of alcohol must be limited to avoid any actual or perceived impairment or reduction in job performance if the person returns to work. This exception does not allow employees to become intoxicated or impaired to a point were it may become unsafe to the employee or others. It is the employee s ultimate responsibility to remain drug free and safe at all times. This exception does not apply to an employee who, upon returning to work and while on duty, has a reasonable expectation of contact with the public wherein an odor of an alcoholic beverage on the employee s breath or clothing might impair the public trust and confidence in the sobriety of the employee. CITY MANAGER DATE