HomeMy WebLinkAboutDrug Free Workplace PoliciesCity of Cape Canaveral
City of Cape Canaveral, Florida
DRUG FREE WORKPLACE POLICIES
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1200 . FAX (321) 799-3170 . fcn.state.fl.us/cape/
e-mail: cape@iu.net
City of Cape Canaveral
City of Cape Canaveral, Florida
PRE-EMPLOYMENT DRUG TESTING POLICY
Any job applicant to the City, after an offer of employment is made, will be required to take a
physical examination and a drug/alcohol screening test. Employment is contingent upon the
results of such examination and drug/alcohol test. Any illegal or controlled dangerous substance
which shows in an applicant's test results will cause the applicant's immediate disqualification
for employment with the City. Any person who refuses to consent to a drug/alcohol screening
test shall be eliminated from an employment opportunity with the City.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
City of Cape Canaveral
)f Cape Canaveral, Florida
TANCE ABUSE POLICY
The City of Cape Canaveral strives to provide a safe work environment and encourages personal
health. In regard to this, the City considers the abuse of drugs or alcohol on the job to be an
unsafe and counterproductive work practice.
The City finds that drug use has serious adverse effects on workers and that maintaining a
healthy and productive workforce, safe working conditions free from the effects of drugs, is
important to the City. The City further finds that drug use creates a variety of workplace
problems, increased injury on the job, increased absenteeism, increased financial burden on
health and benefit programs, increased workplace theft, decreased employee morale, decreased
productivity, and a decline in the quality of delivery of municipal services.
It is, therefore, City policy that an employee found with the presence of alcohol or illegal drugs
in his/her system, in possession of, using, selling, trading, or offering for sale illegal drugs or
alcohol during working hours, may be subject to disciplinary action up to and including
discharge.
Substance abuse includes possession, use, purchase or sale of drugs or alcohol on City premises,
including the parking lots and other locations within the City while performing work related
duties. It also includes reporting to work under the influence of drugs or alcohol.
A City employee reporting to work visibly impaired is unable to properly perform required
duties and will not be allowed to work. An impaired employee will not be allowed to drive a
City vehicle. The supervisor will be required to follow the procedures set forth in Ordinance
No. 16-92, Section 352.03, Reasonable Suspicion Testing, which governs procedures for this
type of drug testing.
Prescription drugs prescribed by the employee's physician may be taken during work hours. An
employee should notify his/her supervisor if the use of properly prescribed prescription drugs
will affect his/her work performance. Abuse of prescription drugs will not be tolerated.
It is the responsibility of the City's supervisors to counsel an employee whenever they see
changes in performance that suggests an employee problem. The supervisor may suggest that
the employee voluntarily seek help from the City's Employee Assistance Program (EAP)
provider, Human Resource Healthcare Group, Inc., or decide that the severity of the observed
problem is such that an involuntary supervisor referral to the EAP should be made.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407) 868-1200 9 FAX (407) 799-3170
CITY OF
CAPE CANAVERAL
City of Cape Canaveral, Florida
REASONABLE SUSPICION TESTING
Employees may be required to submit to drug and/or alcohol testing at a laboratory chosen by
the City if there is a cause for reasonable suspicion of substance abuse.
A reasonable suspicion that such employee is under the influence of alcohol or is a user or
abuser of drugs,' is based on the belief drawn from reasonable suspicion specific objective and
articulable facts and reasonable inferences drawn from those facts in light of experience.
Reasonable suspicion drug testing shall not be required except under the recommendation of a
supervisor who is at least one level of supervision higher than the immediate supervisor of the
employee in question. Before a member of the local bargaining unit may be tested, either the
City Manager or the Personnel Director must recommend testing in addition to the employee's
supervisor.
Circumstances that could be indicators of a substance abuse problem and considered reasonable
suspicion are:
1. Observable phenomena while at work, such as direct observation of drug use or
of the physical symptoms or manifestations of being under the influence of a drug
and/or alcohol;
2. Abnormal conduct or erratic behavior while at work or a significant deterioration
in work performance;
3. A report of drug and/or alcohol use, provided by a reliable and credible source,
which has been independently corroborated;
4. Evidence that an individual has tampered with a drug test during his/her
employment with the City;
5. Information that an employee has caused, or contributed to an accident while at
work; or
6. Evidence that an employee has used, possessed, sold, solicited, or transferred
drugs while working, or while on the employer's premises, or while operating the
employer's vehicle, machinery, or equipment.
If the test results are positive and confirmed, the provisions of Ordinance No. 16-92, Section
352.04, Items A. through 7., Employee Discipline, will apply to all City employees.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407) 868-1200 • FAX (407) 799-3170
rA
CITY OF
CAPE CANAVERAL
City of Cape Canaveral
City of Cape Canaveral, Florida
ROUTINE FITNESS FOR DUTY TESTING
Any employee' who is required to submit to a routinely scheduled fitness for duty
examination shall be required to submit to testing to determine whether the employee is
under the influence of alcohol or is a user or abuser of drugs. No employee shall be
required to submit to a drug test unless all members of the employment classification of
the employee are required to submit to a drug test.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
City of Cape Canaveral
City of Cape Canaveral, Florida
INJURY RELATED TESTING
If a City employee becomes injured on the job and seeks professional medical attention
for such injury, he/she will be required to submit to a drug test to determine the existence
of the use of drugs or alcohol by the employee at the time of the injury.
105 POLK AVENUE • POST OFFICE BOX 326 a CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799.3170
CITY OF
CAPE CANAVERAL
City of Cape Canaveral
City of Cape Canaveral, Florida
EMPLOYEE ASSISTANCE PROGRAM POLICY
City management is aware that many personal or health problems can and do interfere with an
employee's ability to perform on the job. These problems may include emotional and mental
illnesses, family and marital stress, physical illnesses, abuse of alcohol or drugs and many
others.
Employees whose -job performance problems are not related to a lack of skill and who do not
respond satisfactorily to the usual disciplinary procedures are usually in need of the attention of
professionals. With proper treatment, many troubled employees can be restored to a satisfactory
level of job performance. However, if the underlying problems or illnesses are ignored, they
may worsen with time, eventually rendering the person unemployable.
To help avoid this waste of human resources, the City offers an Employee Assistance Program
(EAP) for employees and their dependents as part of its employee services. The EAP provides
confidential assessment, referral, and short term counseling at no cost to employees whose
personal health problems are interfering with their job performance.
If an EAP referral to a provider outside the EAP is necessary, costs may be covered by the
employee's medical insurance benefit, but the cost of such outside services are the employee's
responsibility.
Confidentiality is assured. No information regarding the nature of the personal problem will be
made available to supervisors, nor will it be included in the employee's personnel file.
Participation in the EAP will not affect an employee's future career advancement or employment
nor will it protect an employee from disciplinary action if substandard job performance
continues. The EAP is a process used in conjunction with discipline, not a substitute of
discipline.
The EAP can be accessed by an employee through self referral or by supervisor referral.
Self Referral
In a self referral the employee contacts the EAP counselor directly. The employee is assured
that no one in the City will be notified.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407) 868-1200 • FAX (407) 799.3170
City of Cape Canaveral, Florida
EMPLOYEE ASSISTANCE PROGRAM POLICY
Page 2
Supervisory Referral
It is the responsibility of the City's supervisors to appropriately confront an employee whenever
they see changes in performance that suggest an employee problem. The supervisor may suggest
that the employee voluntarily seek help (informal referral) from the City's EAP or decide that
the severity of the observed problem is such that an involuntary referral to the EAP should be
made (formal referral).
Follow -Up Testing
In the event an employee in the course of employment enters an employee assistance program
for drug-related problems, or an alcohol or drug rehabilitation program, said employee shall be
required to submit to a follow-up drug test not later than the end of each six (6) month period
following the employee's release from such program(s). Follow-up testing shall not exceed a
period of two (2) years after the employee has been released from the last such program(s).
ORDINANCE NO. 16-92
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, CREATING CHAPTER 352, -DRUG FREE
WORKPLACE' OF THE CODE OF ORDINANCES OF THE CITY OF
CAPE CANAVERAL, TO PROVIDE FOR THE IMp_Z F=NTATION
OF A DRUG FREE WORKPLACE POLICY; PROVIDING
INTERPRETATIONS REGARDING -GENDER; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, that:
Chapter 352 of the Code of ordinances of the City of Cape
Canaveral is hereby enacted as follows:
Sec. 352.001 Findings.
The City finds that drug use has serious adverse affects on -
workers and that maintaining a healthy and productive workforce,
safe working conditions free from the effects of drugs, is
important to the City. The City further finds that drug use
creates a variety of workplace 'problems, increased injury on the
job, increased absenteeism, increased financial burden on health
and benefit programs, increased workplace theft, decreased employee
i.;
morale, decreased productivity,?; and a decline in the quality of
delivery of municipal services'. The City further finds that
certain drug testing standards are necessary to protect persons
i
participating in workplace drug testing programs and that standards
must be established to ensure fair and accurate testing for drugs
in the workplace. Therefore, it is the intent of this Ordinance to
implement a drug free work place in accordance with the standards
of Section 440.102, Florida Statutes.
Sec. 352.01 Definitions.
Except where the context otherwise requires as used in this
{
Ordinance:
A. The definitions contained in Section 440.102, Florida
Statutes, shall apply in the interpretation of this
Ordinance unless otherwise specified.
B. "Safety sensitive position" includes the City Manager and
Director of Public works.
City of Cape Canaveral, Florida-
Ordinance No. 16-92
Page 3
recommendation of a supervisor who is at least one level of
supervision higher than the immediate. supervisor of the employee in
question. Among other things, such facts and inferences may be
based upon:
A. observable phenomena while I at work, such as direct
observation of drug use or of the physical symptoms or
manifestations of being under the influence of a drug;
H. abnormal conduct or erratic behavior while at work or a
significant deterioration in work performance;
C. a report of drug use, provided by a reliable and credible
source, which has been independently corroborated;
D. evidence that an individual has tampered with a drug test
during his employment with the City;
E. information that an employee has caused, or contributed
to -,an- accident_ while at work; or
F. evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working, or while
on the employer's premises, or while operating the
employee's vehicle; machinery, or equipment.
All employees of the City shall be given a copy of the Notice
s attached to this Ordinance as Attachment "A" apprising them of the
City's policy and program.
The City shall promptly`detail in writing the circumstances
.r.
which form the basis of the determination that reasonable suspicion
existed to warrant the testing. A copy of this documentation shall
be given to the employee upon request and original documentation
shall be kept confidential and exempt from the provisions of
Section 119.07(1), Florida Statutes by the City and retained by the
City for at least one (1) year..-.
Sec. 352.04 Employee Discipline.
R•
A. Except as provided in.,Subsection 5(C) below, the City may
not discharge, discipline, or discriminate against an
employee on the sole basis of the employee's first
City of
Cape Canaveral, Florida _
Ordinance No. 16-92
Page 5
in an.employee assistance program or an alcohol and drug
rehabilitative.
D.
Upon successful completion of an employee assistance
program or an alcohol and drug rehabilitation program,
the employee shall be reinstated to the same or
equivalent position that was held prior to such
rehabilitation.
;- E.
The City shall not discharge, discipline, or discriminate
--
against an employee, or refuse to hire a job applicant,
on the basis of any prior medical history revealed to the
=
employer pursuant to this Ordinance.
F.
If an employee is unable to participate in out—patient
rehabilitation, the employee may be placed on leave
status while participating in an employee assistance
program or an alcohol and drug rehabilitation program.._
If placed on leave without pay status, the employee shall
be permitted to us any accumulated leave credits prior to
being placed on leave without pay. Upon successful
completion of an employee assistance program or an
alcohol and drug ,'rehabilitation program, the employee
shall be reinstated to the same or equivalent position
that was held prior to such rehabilitation.
G.
Any drug test performed pursuant to this Section may
occur before, during. or immediately after the regular
work period of the eMployee, and shall be deemed to be
performed during work time for the purposes of
determining compensation and benefits for the employee.
H.
The City shall not discharge, discipline, or discriminate
against an employee`: solely upon voluntarily seeking
treatment, while under the employ of the City, for a drug
related problem if the employee has not previously tested
positive for drug use, entered an employee assistance
program for drug related problems or entered an alcohol
and drug rehabilitation program. However, special risk
City of Cape Canaveral, Florida
Ordinance No."16-92
Page 7
prescription and non-prescription, may alter or affect a drug test.
a .
As part of the execution of the consent to testing, job applicants
will be required to list on the consent form any drug under
prescription from a licensed physician or any non-prescription drug
which they are taking. Prior to testing of employee, employees
shall disclose any drug under prescription from a licensed
physician or any non-prescription drug which they are taking. If
the drug test indicates the existence of a controlled substance
which the job applicant or employee has disclosed on the consent
form, the applicant will be eligible, for employment and the
employee shall not be subject to discipline or discharge, unless
the City cannot verify that .;the applicant or employee was
prescribed said drug.
'i •
Sec. 352.08 Test Procedure.
Whether__ the, City collects a sample for drug testing or the
sample is collected by a laboratory or another third party, the
City shall assure that:
(a) a sample shall�,be.collected with due regard to the
privacy of the job applicant or employee and in a
manner reasonably calculated to prevent
substitution or contamination of the sample.
(b) specimen collection shall be documented and the
ti
documentation procedure shall include:
(1) labeling of- specimen containers so as to
reasonably preclude the likelihood of
erroneous identification of test results;
(2) a form for the job applicant or employee to
provide any information he considers relevant
to the test, including identification of
currently or recently used prescription or
non-prescription medication or other relevant
medical information. Such form shall provide
notice of the most common medications by brand
name or common name, as applicable, as well'as "
City of Cape Canaveral, Florida
Ordinance No. 16-92
Page 9
otherwise delivered to the City. If the job
applicant udder.takes an administrative or legal
challenge to Nhe test result, then the job
applicant shall', notify the laboratory and the
sample shall be' .retained by the laboratory until
the case or administrative appeal is settled.
During the 180 'day period after written
notification of a positive test result, the job
ti applicant or employee who provided .the specimen
shall be permitted by the City to have a portion of
the specimen retested at the job applicant's or
employee's expense'at another laboratory licensed
and approved by the State Department of Health and
Rehabilitative Services chosen by the job
applicant. The second laboratory must test at
equal or greater sensitivity for the drug in
question as 'the first laboratory. The first
laboratory which performed the test for the City
shall be responsible for the transfer of the
portion of the specimen to be retested and for the
integrity of.'ithe chain of custody during such
transfer.
i
(h) Within five (5) working days after receipt of the
positive confirmed test from the testing
laboratory, the City shall inform the job applicant
or employee in writing of such positive test
result, the consequences of such results, and the
options available to the job applicant or employee.
(i) The City shall provide to the job applicant or
employee, upon request, a copy of the test results.
(j) Within five (5) working days after receiving notice
of a positive confirmed test result, the job
applicant or employee may submit information to the
City explaining or contesting the test results and
.i
City of Cape Canaveral, Florida
Ordinance No. 16-92 �'
Page 11
r�
positive for drug use, entered an employee
assistance program for drug—related problems, or
entered an alcohol and drug rehabilitation program.
(q) If testing is conducted based on reasonable
suspicion, the City shall promptly detail in
writing the circumstances which formed the basis of
the determination that reasonable suspicion existed
to warrant the testing. A copy of this
documentation shall be given to the employee upon
request and the original documentation shall be
kept confidential by the City pursuant to Section
10 and shall be retained by the City for at least
one year.
Sec. 352.09 Disclosure.
A. ,a All i.n.formation,- ,interviews, reports, statements,
memoranda and drug test results, written or otherwise,
received by the City through a drug testing program are
confidential communications and may not be used or
disclosed except in; accordance with this ordinance and
state statute. Release of such information other than
for use in this program, shall be solely pursuant to a
written consent form voluntarily signed by the person
tested - unless such release is compelled by a hearing
officer or a court of competent jurisdiction pursuant to
an appeal taken under law or unless deemed appropriate by
professional or occupational licensing board in a
disciplinary action involving the job applicant or
employee. The consent form releasing such information
must contain as a minimum:
(1) the name of the person who is authorized to obtain
the information;
(2) the purpose of the disclosure;
(3) the precise information to be disclosed;
(4) the duration of the consent;
City of Cape Canaveral, Florida-.
Ordinance No. 16-92
Page 13
SECTION 4. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion
shall not affect the remaining portions hereof and it shall be
construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 5. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 15th _ day of September , 1992.
+JC ZSa —1a do n—e ' MAYOR
ATTEST:
Faith G.. Miller, CITY CLERK
Approved as to Form:
John ilia, CITY ATTORNEY
,1
1�
'1
q
1.
is
NAME YES NO
PORTER x
RANOELS x
SALAMONE x
THURM x
cc: 9/16/92 - Deborah Haggerty, Personnel
Director
M dcipal Code Corporation
First Reading 8/18/92
Posted: 8/26/92
Advertised: 9/5/92
Second Reading: 9/15/92
ORDINANCE NO. 14-94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING ITS CODE OF ORDINANCES, CHAPTER
352, DRUG FREE WORKPLACE, BY AMENDING SECTION 352.03,
REASONABLE SUSPICION TESTING, OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL TO CHANGE THE CRITERIA FOR
REASONABLE SUSPICION TESTING FOR THE EXISTENCE OF THE
INFLUENCE OF ALCOHOL OR USE OF DRUGS BY EMPLOYEES OF THE
CITY; CREATING SECTION 352.031, ROUTINE FITNESS FOR DUTY, TO
REQUIRE A DRUG TEST AS A PART OF A ROUTINELY SCHEDULED
EMPLOYEE FITNESS FOR DUTY MEDICAL EXAMINATION; CREATING
SECTION 352.032, FOLLOW-UP TESTING, TO REQUIRE EMPLOYEES TO
SUBMIT TO A FOLLOW-UP DRUG TEST WHEN THE EMPLOYEE HAS
ENTERED INTO A PROGRAM RELATING TO ALCOHOL OR DRUG
PROBLEMS; CREATING SECTION 352.033, INJURY RELATED TESTING,
REQUIRING AN EMPLOYEE TO SUBMIT TO A DRUG TEST TO
DETERMINE THE EXISTENCE OF THE USE OF DRUGS OR ALCOHOL
BY THE EMPLOYEE AT THE TIME OF AN INJURY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, that:
SECTION 1. Section 352.03, Reasonable Suspicion Testing, of the Code of
Ordinances of the City of Cape Canaveral is hereby amended to read as follows:
Sec. 352.03. Reasonable Suspicion Testing. An existing employee of the City
shall be required to submit to a test to determine the existence of the use of drugs when
there exists a reasonable suspicion that such employee is under the influence of alcohol
or is a user or abuser of drugs. Reasonable suspicion is based on a belief drawn from
specific objective and articulable facts and reasonable inferences drawn from those facts
in light of experience. Reasonable suspicion drug testing shall not be required except
upon the recommendation of a supervisor who is at least one level of supervision higher
than the immediate supervisor of the employee in question: Among other things, such
facts and inferences may be based upon:
A. observable phenomena while at work, such as direct observation of drug
use or of the physical symptoms or manifestations of being under the
influence of a drug;
B. abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance;
City of Cape Canaveral, Florida
Ordinance No. 14-94
Page 2
C. a report of drug use, provided by a reliable and credible source, which
has been independently corroborated;
D. evidence that an individual has tampered with a drug test during his
employment with the City;
E. information that an employee has caused, or contributed to, an accident
while at work; or
F. evidence that an employee has used, possessed, sold, solicited, or
transferred drugs while working, or while on the City's premises, or while
operating the City's vehicle, machinery, or equipment.
The City shall promptly detail in writing the circumstances which form the basis
of the determination that reasonable suspicion existed to warrant the testing. A copy of
this documentation shall be given to the employee upon request and original
documentation shall be kept confidential and exempt from the provisions of Section
119.07(1), Florida Statutes, by the City and retained by the City for at least one (1) year.
SECTION 2. Section 352.031, Routine Fitness for Duty Testing, of the Code of
Ordinances of the City of Cape Canaveral is hereby created to read as follows:
Sec. 352.031. Routine Fitness for Duty Testing. Any employee who is
required to submit to a routinely scheduled fitness for duty medical examination shall be
required to submit to testing to determine whether the employee is under the influence
of alcohol or is a user or abuser of drugs. No employee shall be required to submit to
a drug test unless all members of the employment classification of the employee are
required to submit to a drug test.
SECTION 3. Section 352.032, Follow -Up Testing, of the Code of Ordinances of the
City of Cape Canaveral is hereby created to read as follows:
Sec. 352.032. Follow -Up Testing. In the event an employee in the course
of employment entered an employee assistance program for drug-related problems, or an
alcohol or drug rehabilitation program, said employee shall be required to submit to a
follow-up drug test not later than the end of each six (6) month period following the
employee's release from any of said programs. Follow-up testing shall not exceed a
period of two (2) years after the employee has been released from the last of said
programs.
SECTION 4. Section 352.033, Inurry Related Testing, of the Code of Ordinances of the
City of Cape Canaveral, Florida
Ordinance No. 14-94
Page 3
City of Cape Canaveral is hereby created to read as follows:
Sec. 352.033. Injury Related Testing. An employee who sustains an
injury for which the employee seeks professional medical attention shall be required to
submit to a drug test to determine the existence of the use of drugs or alcohol by the
employee at the time of the injury.
SECTION 5. Severability. If any section, paragraph, phrase or word of this Ordinance
is held to be unconstitutional or invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent to pass this Ordinance without
such unconstitutional or invalid part.
SECTION 6. Conflicting Provisions. Any ordinance, or parts of an ordinance, in
conflict herewith are repealed.
SECTION 7. Effective Date. This ordinance shall take effect immediately upon its
adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County, Florida, this 17thday of
May , 1994.
ATTEST:
Faith G. Miller, CITY CLERK
APPROVED AS TO FORM:
Joh
yvk. Kancilia, CITY ATTORNEY
J f�C amone, MAYOR
,Ird-RGa41rL8, 5/3/94
PgStecif 5/4/94
AdVetftedf 5/7/94
Second $a� 5/17/94