§ 2-101. Drug and alcohol testing.

(a)

Purpose of section; findings; adoption of policy. The city desires to maintain a safe, healthful, productive and efficient environment and workplace for its employees and volunteers and the public they serve. The city acknowledges that substance abuse increases the potential for accidents, absenteeism, substandard performance, poor employee morale and damage to the city's reputation. Therefore, the city adopts a policy against substance abuse, and places in effect a testing program for applicants, employees and volunteers, as outlined in this section.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Applicant means a person seeking full-time employment with the city or seeking to perform volunteer service to the city which involves operating a municipal motor vehicle or equipment or carrying a weapon.

Appointing authority means the municipal officer or the municipal body which has the authority to appoint or employ the employee or volunteer.

Controlled substance means a controlled substance as defined in 21 USC 812 in Schedules I through V.

Controlled dangerous substance means a drug or other substance or immediate precursor listed in R.S. 40:964 in Schedules I through V.

Drug means and includes controlled substances, controlled dangerous substances and alcohol.

Employee means a person employed on a full-time basis by the city.

Physician means a physician licensed to practice medicine in this state.

Volunteer means a person who provides volunteer service to the city by operating a municipal motor vehicle or equipment or by carrying a firearm.

(c)

Applicability of section. This section applies to all employees, volunteers and applicants.

(d)

Drug-free awareness program. The mayor shall establish a drug-free awareness program to inform employees and volunteers about the dangers of drug abuse in the workplace; the municipal policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. The mayor shall implement and maintain the policy set forth in this subsection. Any employee or volunteer who has reasonable suspicion to believe that another employee or volunteer is either involved in the manufacture, possession, distribution, dispensing, sale or use of a controlled substance or controlled dangerous substance or abusing the legal use of prescription or nonprescription medicine shall notify his department head who shall advise the mayor. The policy and procedures set forth in and under this subsection shall conform with applicable law. Each applicant shall submit to a drug-screening urinalysis as a part of his pre-employment or prequalification medical exam. In addition, each applicant shall complete a medical questionnaire providing a complete list of all prescription and nonprescription medicines being taken at the time. The questionnaire shall be kept in the mayor's office and shall remain confidential. Any applicant found to test positively for a particular controlled substance or controlled dangerous substance, unless caused by a medicine for which a valid prescription was given by a physician and which was made known to the city prior to testing, shall be rejected and may not reapply for employment or volunteer service for a period of one year from the date of notification of the results. Any applicant refusing to submit to drug testing during pre-employment or prequalification shall be rejected. Each employee and volunteer shall complete a medical questionnaire providing a complete list of all prescription and nonprescription medicines being taken at the time. As medicines change, the employee or volunteer shall update his questionnaire. The questionnaire shall be kept in the mayor's office and shall remain confidential. Each employee and volunteer shall submit to tests for any drug as announced by the mayor for the following purposes:

(1)

Investigation of possible individual employee or volunteer impairment of each employee or volunteer returning from drug/alcoholic rehabilitation or medical care and at any time there is reasonable suspicion that an employee or volunteer is under the influence of a drug during work or service hours. The term "reasonable suspicion" means an articulable belief based upon specific facts and reasonable inferences drawn from those facts that any employee or volunteer is under the influence of a drug. Circumstances which constitute a basis for determining reasonable suspicion may include, but are not limited to direct observation of drug use; a pattern of erratic or abnormal behavior and mood changes; information provided by a reliable and credible source; an accident; presence of physical symptoms of drug use, such as slurred speech, glassy eyes, and poor coordination or reflexes; decreased productivity; unusual absenteeism or tardiness; or frequent or prolonged absence from the work area. The department head shall submit to the mayor a written report stating the facts and circumstances upon which the recommended testing is based, and the mayor or his designated representative shall make the final decision as to whether the test will be conducted.

(2)

Investigation of accidents or incidents involving an employee, a volunteer, or municipal property or incidents of workplace theft.

(3)

Maintenance of safety for employees, volunteers, or the general public.

(4)

Maintenance of productivity, quality of products or services, or security of property or information.

(5)

Monitoring to assure compliance with the terms of a rehabilitation program.

(6)

Random testing of employees who occupy safety-sensitive or security-sensitive positions.

Tests may be conducted without prior notice. Any employee or volunteer who refuses to submit to a required drug test shall be relieved from duty or service and be subject to discipline, including dismissal.

(e)

Drug testing. Drug testing shall be conducted as follows:

(1)

Site. All drug testing, except as otherwise specifically provided in this section, shall be conducted at medical facilities or laboratories selected by the city. To be eligible as a site, a medical facility or laboratory must submit in writing a description of the procedures that will be used to collect, maintain, and test samples and be experienced and capable of quality control, documentation, and chain of custody techniques.

(2)

Sample collection and testing. All sample collection and testing shall be performed as follows:

a.

The employee, volunteer or applicant may be required to go to the facility where the laboratory is located to submit to testing.

b.

Each employee, volunteer and applicant shall be positively identified by picture identification prior to obtaining a sample.

c.

A form shall be completed prior to the test that will serve to establish current medicines being taken, whether prescription or nonprescription, and any other information which the employee or volunteer considers relevant to the test.

d.

The area where a sample is collected shall be reasonably free from any foreign substance.

e.

Specimen collection shall be witnessed without violating the employee's, volunteer's or applicant's right to privacy in a setting that will not demean, embarrass or cause physical discomfort to the employee, volunteer or applicant.

f.

The specimen taken shall be sealed, labeled and checked against the identity of the employee, volunteer or applicant. Such sample shall be properly collected, secured, stored, handled and transported following appropriate rules of evidence and chain of custody and so as to reasonably preclude the probability of sample contamination or adulteration.

g.

An employee testing will be done on the city's time and the employee required to test while off duty shall be compensated for the time.

(3)

Testing methods. Testing methods are as follows:

a.

The testing methods used shall be capable of identifying marijuana, cocaine, barbiturates, amphetamines, benzediazepines, opiates, methadone, propoxyphenes and PCP. Personnel utilized for testing shall be qualified and trained to conduct urinalyses.

b.

The test shall consist of a two-step procedure:

1.

Initial screening; and

2.

Confirmation by gas chromatography/mass spectroscopy.

c.

An initial screening that proves to be positive shall be reported, not as a positive test, but as a confirmation pending.

d.

The time frame between a confirmation pending and a positive confirmation shall not exceed 48 hours.

e.

Notification of the confirmation pending or confirmation positive shall be reported initially to the mayor.

f.

Any sample which proves to be positive upon confirmation shall be retained for a period of at least 12 months to allow the employee, volunteer or applicant adequate time for further testing in case of dispute.

g.

An employee or volunteer who is found to be drug-free shall be notified in writing and may, if he chooses, have a copy of the notification placed in his personnel file.

(f)

Breath test. If the city has reasonable suspicion to believe that any employee or volunteer is under the influence of alcohol during work or service hours, the employee or volunteer shall submit to a breath test using the procedures established by the state department of public safety and corrections. Test results shall be made known to the city's designated agent upon completion of the test. If the results are positive (i.e. 0.01 percent or more), the employee or volunteer shall be subject to disciplinary action. Each employee and volunteer found to be alcohol-free shall be notified in writing and may, if he so chooses, have a copy of the notification placed in his personnel file.

(g)

Copy of section to be supplied to applicants. The mayor shall provide a copy of this section to each applicant.

(h)

Consent form. Prior to a drug test being administered, the employee, volunteer or applicant shall be requested to sign a consent form authorizing the test and permitting the release of the result to the city or its authorized agents, and containing an acknowledgment of notification of the testing policy.

(i)

Tampering by applicant. If an individual being tested tampers with the testing procedure or attempts to falsify a specimen or invalidate the chain of custody, he shall be immediately disallowed from continuing testing and treated as if a positive test result had been obtained.

(j)

Violation of section. Violation of this section shall be grounds for discipline, including dismissal. An unexplained positive test result shall be grounds for action by the mayor. This action may require the employee or volunteer to submit to a mandatory substance abuse program, psychological counseling or medical treatment, all at the employee's or volunteer's expense. Each case shall be dealt with on an individual basis with all facts and circumstances being taken into consideration. Discipline, including dismissal, may result from cases of illegal use of a nonprescribed controlled substance or controlled dangerous substance or abuse of prescription medicine. Any employee with a positive alcohol test result for the first time shall be subject to suspension without pay for a period of five days. A second positive test shall result in dismissal.

(k)

Confidentiality of information; exceptions. Except for proceedings wherein the results are relevant or ordered produced by a court, all information, interviews, reports, statements, memoranda and test results received by the city in its drug testing program shall remain confidential to the city, authorized agents or representatives of the city, the tested employee, volunteer or applicant, or those authorized by the employee, volunteer or applicant to receive such information.

(Code 1958, § 2-36)