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RESOLUTION NO. 93-32
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF UKIAH UPDATING THE CITY'S
ALCOHOL AND DRUG FREE WORKPLACE POLICY
WHEREAS, employees who do not abuse alcohol and drugs can perform
their duties safely and efficiently in the best interests of the City,
their fellow workers, the public, as well as themselves; and
WHEREAS, the presence of drugs and alcohol on the job and the
influence of these substances on employees during working hours are
inconsistent with the City's objective; and
WHEREAS, the City desires to prevent and rehabilitate employees who
are drug and alcohol abusers; and
WHEREAS, federal law requires that cities which receive federal funds
provide a policy and training for alcohol and drug abuse in the workplace;
and
WHEREAS, the City desires to revise and update its Alcohol and
Drug Free Workplace Policy;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts
the Alcohol and Drug Free Workplace Policy which is attached as
Exhibit "A" and is incorporated herein.
PASSED AND ADOPTED this 18th day of November , 1992, by
the following roll call vote:
AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor
Schneiter
NOES: None
ABSENT: Councilmember McMichael
ATT~:
R:PER6 ~'~
Res Policy
CITY OF UKIAH
ALCOHOL AND DRUG FREE WORK PLACE POLICY
NOVEMBER, 1992
EXHIBIT "A"
II.
PURPOSE
It is the intention of this policy to .eliminate substance abuse and its
effects in the workplace. While the City of Ukiah has no intention of
intruding into the private lives of its employees, involvement with drugs
and alcohol can take its toll on job performance and employee safety. We
want employees to perform their duties safely and efficiently, in the
interests of their fellow workers and the public as well as themselves.
The presence of drugs and alcohol on the job, and the influence of these
substances on employees during working hours, are inconsistent with this
objective.
This policy applies to all employees and to all applicants for positions
with the City. This policy applies to alcohol and to all substances,
drugs, or medications, legal or illegal, which could impair an employee's
ability to effectively and safely perform the functions of the job.
Possession of these substances for use (except for medication) or sale on
City premises is prohibited, and constitutes grounds for discipline
including termination.
Employees who think they may have an alcohol or drug usage problem are
urged to voluntarily seek confidential assistance. All employees are
encouraged to go to the Personnel Director to discuss possible problems
the employee may be having and to find solutions. The County Division of
Alcohol and Other Drug Programs has counseling services available for
anyone seeking assistance. While the City will be supportive of those
who seek help voluntarily, the City will be equally fi~ in identifying
and disciplining those who continue to be substance abusers and do not
seek help. Disclosures made by employees to the City concerning their
use of drugs and/or alcohol and their participation in any drug or
alcohol rehabilitation program will be treated confidentially and will
not be revealed to others.
This policy provides guidelines for the detection and deterrence of
alcohol and drug abuse. It also outlines the responsibilities of the
City's managers and employees. To that end, the City will act to
eliminate any substance abuse which increased the potential for
accidents, absenteeism, substandard performance, poor employee morale, or
damage to the City's reputation.
POLICY
It is the City of Ukiah's policy that employees shall not be under the
influence of or in possession of alcohol or drugs; nor possess alcohol or
drugs while on City property, at work locations, or while on duty, or
become intoxicated while on standby duty; shall not utilize such
substances while they are subject to City duty, sell or provide drugs or
alcohol to any other employee or to any person while employee is on duty,
nor have their ability to work impaired as a result of the use of alcohol
or drugs.
There may be occasions when the consumption of alcohol will be permitted
during working hours for a specific event, if permission is given by the
Department Head or City Manager.
While use of medically prescribed medication and drugs is not per se a
violation of this policy, the employee must notify his/her supervisor,
before beginning work, when taking medications which could foreseeably
interfere with the safe and effective performance of duties or operation
of City equipment. In the event there is a question regarding an
employee's ability to safely and effectively perform assigned duties
while using such medication or drugs, clearance from a qualified
physician may be required.
Where there is a reasonable suspicion that an employee is under the
influence of alcohol or drugs, the employee shall be prevented from
engaging in further work and shall be detained for a reasonable time
until he or she can be safely transported from the work site.
"Reasonable suspicion" is a belief based on objective facts sufficient to
lead a reasonably prudent supervisor to suspect that an employee is under
the influence of drugs or alcohol so that the employee's ability to
perform the functions of the job is impaired or so that the employee's
ability to perform his/her job safely is reduced.
For example, any of the following, alone or in combination, may
constitute reasonable suspicion:
1. Slurred speech.
2. Alcohol odor on breath.
3. Unsteady walking and movement.
4. An accident involving City property (in combination with any other
factor).
5. Physical altercation.
6. Verbal altercation.
7. Unusual behavior.
8. Possession of alcohol or drugs.
9. Information obtained from a reliable person with personal knowledge.
If there is reasonable suspicion and an employee is confronted regarding
this policy, the employee shall have the right to have a bargaining unit
member be present as a witness. As soon as possible, the City shall
contact the recognized bargaining representative indicating the incident
and circumstances.
The City is committed to providing reasonable accommodation to those
employees whose drug or alcohol problem classifies them as handicapped
under federal and/or state law.
III. EMPLOYEE RESPONSIBILITIES
An employee must:
Not report to work or be subject to duty while his/her ability to
perform job duties is impaired due to on or off duty alcohol or drug
use.
Bo
Not possess or use alcohol or impairing drugs (illegal drugs and
prescription drugs without a prescription) during working hours or
while subject to duty, on breaks, during meal periods, at any time
while on City property.
Not directly or through a third party sell or provide drugs or
alcohol to any person, including any employee, while either employee
or both employees are on duty or subject to being called.
Notify his/her supervisor, before beginning work, when taking any
medication or drugs, prescription or nonprescription, which may
interfere with the safe and effective performance of duties or
operation of City equipment. The employee may be asked to provide a
bona fide verification of a current valid prescription for any
potentially impairing drug or medication.
Federal law requires that any employee working on a project funded
by a federal grant must notify the employer of any criminal drug
statute conviction for a violation occurring in the workplace no
later than 5 days after such conviction.
IV. MANAGEMENT RESPONSIBILITIES AND GUIDELINES
Managers and supervisors are responsible for reasonable enforcement
of this policy.
The City shall provide training for management and supervisors to
recognize the symptoms of drug abuse.
Any Manager or Supervisor encountering an employee where there
reasonable suspicion that the employee is under the influence of
alcohol or drugs, should detain the employee for a reasonable time
until the employee can be safely transported home. Observations
should be verified by a higher level Supervisor or by the Department
Head.
De
me
R:PER6
Policy
Managers and Supervisors shall not physically search the person of
employees, nor shall they search the personal possession of
employees without the freely given consent of, and in the presence
of, the employee. Note: All searches must be cleared with the
Personnel Department. (This section does not apply to Police
investigations.)
Managers and Supervisors shall notify their Department Head or
Designee when they have reasonable suspicion to believe that an
employee may have illegal drugs in his or her possession or in an
area not jointly or fully controlled by the City. If the Department
Head or Designee concurs that there is reasonable suspicion of
illegal drug possession, the Department Head shall notify the
appropriate law enforcement agency.
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