I. General Statement
Layton City (the City) believes that alcohol and illegal drugs in the work place are unhealthy and dangerous, not only to the employee involved, but also to others. The unlawful manufacture, distribution, dispensing, possession, or use of alcohol or illegal drugs is prohibited on the City premises, in city vehicles, or in private vehicles.
The City believes that a healthy and productive work force, safe working conditions free from the effects of drugs and alcohol, and maintenance of the services rendered by the City are important, not only to the City, but also to the employees and the general public. The abuse of drugs and alcohol creates a variety of work place problems, including increased injuries on the job, increased absenteeism, increased financial burden on health and benefit programs, increased work place theft, decreased employee morale, decreased productivity, and a decline in the quality of services.
Therefore, the City hereby adopts this Policy for testing employees and prospective employees as related to drugs and alcohol in the work place.
For the purposes of this policy:
- Alcohol means alcoholic beverages and any other intoxicating substances.
- Illicit drugs and drugs used in this policy refer to prescription drugs; in addition it includes all drugs, paraphernalia, controlled substances, or mood or mind altering inhalants, any of which were not prescribed by a licensed physician/dentist for the person taking or in possession of the drug or substance, or which have not been used as prescribed or directed.
- Drug Paraphernalia means objects used to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, store, contain, conceal, and/or to inject, ingest, inhale, or otherwise introduce a drug into the human body.
- Employee means any person in the service of the City for compensation of any kind.
- Prospective employee means any person who has made application for employment with the City and to whom the city has offered employment, conditioned upon the results of a drug and alcohol test.
- Sample means urine, blood, breath, saliva, or hair.
- Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal, State or local criminal statutes.
- Criminal Drug Statute means a Federal, State or local criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.
- MRO means Medical Review Officer, charged with reviewing and interpreting positive test results and determining any alternate medical explanations.
- Designated Agent The Human Resources Officer is the City's designated agent to receive drug and alcohol testing results from the laboratory, breath alcohol technicians (BAT) or the medical review officer (MRO). When the Human Resources Officer is unavailable, the Assistant City Manager shall serve as the City's Designated Agent.
III. Zero Tolerance
Following a pre-disciplinary hearing, if it is determined that an employee tested positive for use of illicit or non-prescribed drugs and/or alcohol, or a finding of abuse of prescribed drugs, or upon the refusal of any employee to provide a sample, or upon the employee knowingly supplying an excess fluids (diluted), substituted or adulterated sample, that employee shall have his/her employment terminated with the City and will not be given an opportunity to resign. There will be no second chances.
IV. Voluntary Rehabilitation
Employees seeking assistance with overcoming drug or alcohol abuse before they are selected and tested for drug and/or alcohol testing and before it interferes with job performance may contact their supervisor or the Human Resources Division for information about counseling and rehabilitation programs. Employees having a drug or alcohol problem are strongly encouraged to seek help. The Human Resources division may provide assistance in referring employees to appropriate rehabilitation programs. This assistance, however, does not financially obligate the City for the costs associated with rehabilitation nor is it any guarantee that the employee’s job performance will improve. Rehabilitation is the employee’s responsibility. The City will allow employees who seek voluntary assistance for alcohol and drug problems to first utilize their sick leave and then their annual leave for rehabilitation. Leave without pay may be requested by the employee and will be considered on an individual case basis, a consideration of which is the applicability of the FMLA. If the FMLA does not apply, an employee's position may be held open for a reasonable period of time up to a maximum of thirty (30) days for voluntary rehabilitation upon approval by the City Manager.
Employees returning to employment after treatment must first provide the City with a certification from a reputable substance abuse program that the employee is sober, has successfully completed the treatment program and has the potential for full recovery. A licensed professional medical practitioner that specializes in substance abuse should sign this certification. In addition, the returning employee will be evaluated and monitored by a substance abuse professional (SAP) designated by the City. The employee must agree to follow-up drug and/or alcohol testing and sign a return-to-work agreement.
V. Use of Prescription and Over-the-Counter Drugs
Prescribed and over-the-counter drugs and the necessary instrumentalities of administration brought on City premises may only be used by the person for whom they are prescribed and taken as directed so long as the use of these drugs does not adversely affect the safety of the work environment or significantly impede performance of essential job functions.
There are various prescription and over-the-counter drugs that may adversely affect the safety of the work environment. Examples include, but are not limited to, pain relievers that contain opiates, and muscle relaxants. It is the employee’s responsibility to be informed about the effects of prescription and over-the-counter drugs they are taking by reading the information that accompanies the drug, including any information provided by the pharmacist, and by consulting with their physician, and by accessing and utilizing other sources of information available to the employee, and then act accordingly.
Any employee who chooses or is medically required to ingest prescribed or over-the-counter medications that may adversely affect the safety of the work environment, shall immediately notify his or her department director of the type of medication and time period over which said medications will be taken. The department director will make a determination of any restrictions to be placed on the employee after appropriate confidential consultation with the Human Resources office, the City Attorney’s office, and/or medical professionals.
Any employee who chooses or is medically required to ingest such a prescribed or over-the-counter medication outside of the workplace must ensure that the impairing effects have ended prior to reporting for work.
For the purpose of this policy, medications used as prescribed, which do not constitute a safety concern, shall not be considered a violation of this policy.
VI. Workplace Rules
- No employee shall manufacture, distribute, dispense, possess, use, drugs or drug paraphernalia, or be under the influence of drugs or a controlled substance on the City’s premises, in the City’s vehicles, in a private vehicle, or during scheduled working hours, including lunch hour, except in cases involving a current, prescribed and properly used prescription drug, or a properly used over-the-counter drug.
- An employee or prospective employee shall be considered to be "under the influence" of drugs, alcohol or a controlled substance if the results of the employee’s, or prospective employee’s, drug or alcohol test equals or exceeds the measurement criteria set forth in Section VII below.
- Employees undergoing prescribed medical treatment with a drug that may impede their ability to perform their job, or affect the safety of the work environment must report this to their department director in accordance with Section V of this policy.
- Any employee charged with violating a criminal alcohol or drug statute for violations occurring on or off City premises must notify their department director as soon as possible and before returning to duty as a city employee. Conviction for the unlawful sale, purchase, possession, transfer, or use of drugs or alcohol by employees at any time or place is cause for immediate suspension with pay pending the result of the pre-disciplinary hearing.
- Employees reporting or returning to work, whose behavior may indicate the consumption of alcoholic beverages or drugs, legal or illegal, may be referred for drug and alcohol testing and/or medical evaluation with a City-referred physician to determine fitness for duty.
- Upon receipt of a verified or confirmed positive drug or alcohol test result, which indicates a violation of this policy, or upon the refusal of any employee or prospective employee to provide a sample, or upon the donor supplying a temperature out of range, adulterated or excessive fluid sample, the City may use that test result or refusal as the basis for not hiring prospective employees and taking "City Action" against employees.
- No employee shall:
- Report for duty or remain on duty while having an alcohol concentration of 0.04 or greater;
- Be on duty or operate a City motor vehicle while the driver or any passenger possesses alcohol;
- Use alcohol while performing their daily functions;
- Use alcohol for eight (8) hours following a work related vehicle accident or until he/she undergoes a post-accident test, whichever comes first. The employee must remain available for testing after the accident;
- Refuse to submit to a controlled substances or alcohol test as required by this policy;
- Report for duty or work, or remain on duty or at work in a condition in which the employee tests, or would test positive for controlled substances.
- Once the City has knowledge, the City may prevent an employee from:
- Driving a City vehicle while in possession of alcohol, or while having a measurable amount of alcohol in their system;
- Using alcohol while performing their duties;
- Continuing to work after refusing to submit to a required controlled substance and/or alcohol test;
- Working or continuing to work after they have tested positive for controlled substances.
- This policy applies to management as well as other employees.
VII. Drug and Alcohol Testing
It is the policy of the City to test employees and prospective employees for the presence of drugs and/or alcohol, according to the provisions set forth below, as a condition of hire or continued employment. The City shall consider as "negative", all confirmed positive drug and alcohol test results with a medically sufficient explanation (as determined in the sole, but reasonable, discretion of the MRO). All controlled substance testing for applicants and employees shall be done using the split sample method, and all analysis shall be performed by a certified SAMHSA laboratory. The City shall arrange drug and/or alcohol testing in the following circumstances:
- Pre-employment Testing - All prospective employees shall be tested for drug and/or alcohol usage prior to being placed for employment. A copy of this policy shall be available for review by job applicants. All prospective employees shall be required, prior to being hired by the City, to sign the acknowledgment form, agreeing to abide by the terms of this policy. The City will exclude from employment any job applicant or prospective employees who refuse to abide by the terms of this policy. Any prospective employee whose pre-employment drug and/or alcohol test results in a confirmed positive and who does not have a medically sufficient explanation (as determined in the sole, but reasonable discretion of the MRO), may reapply for employment with the City after one (1) year from the date of such test. If the City hires a prospective employee, he or she must have first successfully passed the above-referenced pre-employment drug and alcohol test, and thereafter he or she will be subject to all the procedures and requirements for drug and/or alcohol testing as set forth in this policy. (Persons filling temporary positions that are not safety sensitive, such as umpires, referees, scorekeepers, clerical and secretarial workers, need not be tested.)
- Reasonable Suspicion (For Cause) Testing - Testing that occurs when a trained supervisor observes behavior or appearance that is characteristic of the use or abuse of controlled substance and/or alcohol. The City reserves the right to require an employee to submit to a fitness for duty examination with a City-referred physician or substance abuse professional when there is reasonable suspicion that the employee is working under the influence of alcohol and/or drugs. Such examinations may be conducted on City time and at City expense. Reasonable suspicion shall be based on specific objective facts and reasonable inferences, and shall be documented by the supervisor prior to testing and, whenever practical, the supervisor should seek the observations of at least one additional employee, preferably a supervisor. Supervisors and managers are to receive training to look for behaviors, which may indicate drug or alcohol usage. These behaviors include, but are not limited to: direct observation of drug or alcohol use, drug paraphernalia, abnormal or erratic behavior such as accidents, theft, repeated errors on the job, or unsatisfactory time and attendance patterns, any of which are coupled with a specific contemporaneous event that indicates probable drug or alcohol use. Other factors which may constitute reasonable suspicion include, but are not limited to, slurred speech, red eyes, constricted or dilated pupils, incoherence, unsteadiness of feet, smell of alcohol, marijuana, or other controlled substance emanating from the employee's person, inability to carry on rational conversations, increased carelessness, erratic behavior, inability to perform on the job, or other unexplained behavioral changes. The Supervisor's Reasonable Suspicion and Post Accident Check Sheet may be used for documentation. Supervisors have a duty to act when they have reasonable suspicion that an employee has a controlled substance or alcohol problem. Supervisors will coordinate reasonable suspicion testing with the City's Designated Agent, who will review the matter with the Assistant City Manager or City Attorney's office prior to testing. All employees tested under this provision shall be removed from the covered safety-sensitive position and placed on administrative leave or shall be subject to any other action necessary to ensure the safety of the workplace, until the results of the drug screen and/or alcohol test are reviewed by the City's Designated Agent.
- Post-Accident Testing - A City required drug and alcohol test is required following employee involvement in a preventable work related and reportable vehicle accident (defined by Utah law as a vehicle accident with $1,500 or more in damages or one having injuries. (Refer to the Layton City Commercial Driver Drug and Alcohol Free Workplace and Testing Policy for accidents involving CDL Drivers or Commercial Motor Vehicles). If the Department Director determines the vehicle accident is clearly non-preventable by the employee, then no testing is required. Otherwise, testing shall be conducted.
Post-accident testing of the driver shall occur as soon as possible. The employee's supervisor shall notify the City Designated Agent as soon as possible after the qualifying accident to arrange for the City required drug and alcohol tests. Alcohol testing should be done within two (2) hours, but in no case after eight (8) hours following the accident. Drug testing should be done within 32 hours following the accident and in no case be done after 32 hours. If an employee leaves the scene of an accident before the required tests are administered, or fails to remain readily available for testing, it may be deemed by the City that the employee has refused to submit for testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
- Random Testing - Random testing will be performed monthly on a percentage of employees in safety sensitive or executive staff positions. Such employees will be randomly selected and given minimal advance notice. The purpose of random testing is to be a deterrent to safety sensitive and executive staff employees for drug and alcohol abuse. The means of random selection shall be confidential.
- Employees in safety sensitive positions. (See "Safety Sensitive Positions" section below.)
- Employees in executive staff positions. (See "Executive Staff Positions" section below.)
(See the Layton City Commercial Driver Drug and Alcohol Free Workplace and Testing Policy for CDL holders.)
- Pre-Promotion/Transfer Testing - Upon being promoted or transferred into a position requiring probationary status (See 3107), employees must pass a drug and/or alcohol test.
- Follow-up Testing When an Employee Fails to Provide an Adequate Urine Sample – An employee who fails to provide an adequate urine sample under either this policy or the Commercial Driver Drug Test policy may be required to pass a City drug and/or alcohol test prior to returning to limited duty while awaiting a determination by the MRO (see below).
- Return-to-Duty and Follow-up Testing - Testing conducted:
- When an employee returns to duty following voluntary drug and/or alcohol rehabilitation. (See "Voluntary Rehabilitation" above) If the City returns to duty an employee after he or she has voluntarily sought rehabilitation for drug or alcohol abuse and has successfully completed rehabilitation, such employee shall be (1) evaluated and monitored by a substance abuse professional (SAP) designated by the City . (2) shall be subject to a program of unannounced drug and alcohol testing for a predetermined period of time at the sole discretion of the management, and (3). shall sign a return-to-work agreement.
- Following other medical leave of absence.
Random Testing of Safety Sensitive Positions
The percentage of employees tested shall be determined by the City Manager and may be changed from time to time. At present, 25% of safety sensitive positions will be random tested for alcohol and drugs each year. Safety sensitive positions will be pooled together with executive staff positions. Positions considered safety sensitive shall include:
All Fire Department positions except Secretaries
Sworn Police Officers
Dispatch Supervisor Dispatcher I
Dispatcher II Assistant Dispatcher
School Crossing Guards School Crossing Guard Supervisor
Crime Scene Specialist Ordinance Enforcement
Parks Superintendent Parks Project Manager
All Park Spec I, II & III Parks Mechanic
Parks Arborist Parks Pesticide Applicator
PW Assistant Director/TCD PW Fleet Manager
PW Shop Lead Mechanic PW Water Foreman
PW Streets Foreman All PW Lead Workers
All PW Maintenance Workers All PW Inspectors
Building Official Building Inspectors
Code Enforcement Officer City Planner
Planner II Planner I
Economic Development Manager/CED Deputy Director
Lifeguards Water Safety Instructors
Pool Supervisors Aquatics Manager
Assistant Aquatics Manager
Recreation Supervisor Recreation Coordinators
Facilities Maintenance Manager Facilities Maintenance Technician
IT Manager LAN Specialist
PC Administrator PC Technician
Random Testing of Executive Staff Positions
The percentage of employees tested shall be the same as for safety sensitive positions. Executive staff positions will be pooled together with safety sensitive positions. The annual percentage of positions tested will be the same as that determined for safety sensitive positions. Executive staff positions include the following:
City Manager Finance Director
Assistant City Manager Public Works Director
City Attorney Community Development Director
Police Chief Fire Chief
Parks and Recreation Director
Testing and Collection Procedures
- Any drug or alcohol testing shall occur during or immediately after the regular work period of current employees, and shall be deemed work time for purposes of compensation and benefits for current employees.
- Individuals will be tested on City premises or sent to an outside clinic or testing facility licensed to perform such tests.
- The City will pay all costs of testing and transportation associated with a test required by the City.
- All sample collection and testing shall be performed according to the following conditions:
- The collection of samples shall be performed under reasonable and sanitary conditions.
- Samples shall be collected and tested with due regard to the privacy of the individual being tested, and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples.
- The collection of samples shall be documented, and the documentation procedures shall include labeling of samples, to reasonably preclude the probability of erroneous identification of test results. An opportunity shall be provided for the employee or prospective employee to provide notification of any information that he or she considers to be relevant to the test, including identification of currently or recently used prescriptions or non- prescription drugs, or other relevant medical information.
- Sample collection, storage, and transportation to the place of testing shall be performed so as to reasonably preclude the probability of sample contamination or adulteration.
- Sample testing shall conform to scientifically accepted analytical methods and procedures. Testing shall include verification or the City will use confirmation of any positive test result by gas chromatography/mass spectrometry before the results of any test as a basis for any action.
- A test result shall be considered as positive, and an employee shall be considered "under the influence" if the test result equals or exceeds the following measurement criteria:
Test Cutoff Levels (ng/mL)
Alcohol (Breath) .04%
Health Care Opiates 300
*Test for 6-AM when morphine concentrations exceeds 2,000 Ng/mL.
Excess Fluid, Temperature Out-of-Range and Adulterated Samples
To obtain accurate and reliable test results, the employee or prospective employee must not dilute the urine sample by the ingestion of excess fluids (hereinafter referred to as an "Excess Fluids Sample") before providing the sample. A urine sample shall be considered an excess fluids sample if (1) the test results indicate that the urine sample contains creatinine levels less than .2g/L and a specific gravity of less than 1.003 and (2) there is no medically sufficient explanation for such excess fluids, which explanation must be judged as satisfactory to the MRO in his/her sole but reasonable discretion. If a urine sample provided by a prospective employee or an employee is determined after appropriate testing to be an excess fluids sample, the prospective employee or employee shall, at the City’s discretion, be required to provide another urine sample (the "second sample") at a time and under conditions and requirements that are within the sole discretion of the City. In the event the Second Sample is determined after appropriate testing to be an excess fluids diluted sample, the prospective employee shall not be offered employment with the City and the employee shall be subject to "City Action" as set forth below.
In addition, when any sample that is deemed by the collector at the time of collection to be temperature out-of-range, or to have been adulterated, the prospective employee shall not be hired; the current employee shall immediately produce a second specimen for testing. If he or she refuses to provide a second specimen, or if the second specimen is deemed by the collector to also have been adulterated or temperature out-of-range, he or she shall be subject to "City Action".
Procedures for Employees Who Do Not Provide a Sufficient Urine Sample
The employee must attempt to provide an initial urine sample at the collector’s request. If the employee is unable to produce a sufficient urine sample, the collector urges the employee to drink up to 40 oz of fluid, distributed reasonably through a period of up to 3 hours. It is not a refusal to test if the employee declines to drink.
If the employee refuses to make the attempt to provide a new specimen or leaves the collection site before the collection process is complete, this is a refusal to test. If the employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt, the collector must (1) discontinue the collection, (2) notify the City Program Administrator immediately, (3) note the fact on the "Remarks" line of paperwork, and (4) send or fax the written paperwork to the MRO and City Program Administrator within 24 hours.
Upon being notified by the collector that the employee has not supplied a sufficient sample, the City Program Administrator, after consulting with the MRO, must direct the employee to obtain, within five business days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee’s failure to provide a sufficient specimen.
The employee may return to work after successfully passing a City drug and/or alcohol test, but will not be allowed to perform safety sensitive functions until the MRO makes a written report to the City Program Administrator that the test is either cancelled or the employee has refused to provide a sample.
If the MRO determines that the test should be cancelled, and the employee has successfully passed a City drug and/or alcohol test, the City will allow the employee to resume safety sensitive duties and take no further action with respect to the employee. If the MRO determines that the employee refused to provide a sample, the employee will be dealt with as described in the City Action section below.
VIII. City Action
Any prospective employee who refuses to be tested, or who knowingly dilutes, substitutes or adulterates a urine sample shall be denied employment.
Employees testing positive for the use of drugs and/or alcohol, or upon the refusal of any employee to provide a sample, or upon the employee knowingly supplying an excess fluids, substituted, or adulterated sample, that employee shall be immediately be suspended with pay until a pre-disciplinary hearing is held, and where found in violation of this policy shall be subject to disciplinary action up to and including termination.
All other violations of this policy will subject employees to the full range of disciplinary actions up to and including termination.
An employee who is denied promotion/transfer or is disciplined as a result of violating this policy may appeal the action in accordance with Policy #3802.
- All information, interviews, reports, statements, memoranda, or test results received by the City, through this drug and alcohol testing program, are confidential communications and are not to be used or received as evidence, obtained in discovery or disclosed in any public or private proceeding, except to those having a demonstrated need to know, or in a proceeding related to an action taken by the City under Section VII, or in defense of any action brought against the City, or as required by law.
- The information described in paragraph VIII.A. shall be the property of the City.
- The City is entitled to use a drug or alcohol test result as a basis for action under Section VII.
The City will periodically provide training for supervisors to help them recognize the conduct and behavior that give rise to a reasonable suspicion of drugs and/or alcohol use and the proper application of the procedures to follow.
XI. Search and Seizure
It is the position of Layton City to enforce the policy of no presence of any detectable amount of any illicit drug or alcohol on city premises, parking lots, equipment, toolboxes, or vehicles, while on City business. The City has the right to search such vehicles or items at the City's discretion, to expose the concealment of any drugs or alcohol, and to seize any such substances.
The City's Designated Agent shall maintain records of its alcohol misuse and controlled substance use prevention programs as provided in this policy. These records shall be maintained separate from personnel records, in a secure location with controlled access.