HomeMy WebLinkAboutOrdinance 96.22 Amending the personnel policies
MARANA ORDINANCE NO. 96.22
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMENDING SECTION 08
OF THE MARANA PERSONNEL POLICIES CHANGING THE DRUG AND ALCOHOL
TESTING POLICY OF THE TOWN OF MARANA, AND REPEALING ALL RESOLUTIONS,
ORDINANCES AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH.
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WHEREAS, the Town Council did, on the 19th day of December, 1989, adopt Marana
Town Ordinance No. 89.32 revising the Marana Personnel Policies, and has amended the
policies from time to time; and
WHEREAS, that document herein referred to as "MARANA PERSONNEL POLICIES,
SECTION 08, DRUG AND ALCOHOL TESTING POLICY" has been made a public record by the
adoption of Resolution No. 96-31 on April 2, 1996 by the Mayor and Council of Maran a; and
WHEREAS, it has been determined that the adoption of that public record herein referred
to as "MARANA PERSONNEL POLICIES, SECTION 08, DRUG AND ALCOHOL TESTING
POLICY" is in the best interests of the employees of the Town of Mar ana.
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NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of
Marana Arizona as follows:
Section 1. That certain document entitled "MARANA PERSONNEL POLICIES, SECTION 08,
DRUG AND ALCOHOL TESTING POLICY", three copies of which are on file in the office of the
town clerk of the Town of Maran a, Arizona, said document having been made a public record by
Resolution No. 96-31 of the Town of Maran a, Arizona, is hereby referred to and made a part hereof
as iffully set out in this ordinance and is hereby adopted as law, rules and procedures for the Town
of Marana.
Section 2. The various town officers and employees are authorized and directed to perform all acts
necessary or desirable to give effect to this ordinance.
Section 3. Section 08 of Maran a Town Ordinance No. 89.32 and all Marana ordinances, resolutions,
or motions and parts of ordinances, resolutions, or motions of the council in conflict with the
provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions thereof
Marana, Arizona Ordinance 96.22
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PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona this
2nd day of April, 1996.
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Daniel J. Hochuli
Town Attorney
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Marana, Arizona Ordinance 96.22
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Mayor ED HO A
08 DRUG AND ALCOHOL TESTING POLICY
08.01 Purpose: It is the policy of Marana that its employees be free of substance and alcohol
abuse. Consequently, the use of illegal drugs by employees is prohibited. Further,
employees shall not use alcohol during work hours or engage in "prohibited conduct" as
defined herein. The overall goal of this policy is to ensure a drug-free and alcohol-free
work environment and to reduce accidents, injuries and fatalities.
08.02 Consequences of Policy Violation: Any employee who becomes unqualified or engages
in prohibited conduct as set forth herein may be subject to termination of employment.
08.03 Prohibited Conduct: The following shall be considered "prohibited conduct" for
purposes of this policy:
08.03.01 No employee shall report for duty or remain on duty while having an alcohol
concentration of .04 or greater;
08.03.02 No employee shall be on duty or operate a vehicle while the driver possesses
alcohol;
08.03.03 No employee shall use alcohol while on duty;
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08.03.04 No employee shall perform safety-sensitive functions within four (4) hours
after using alcohol;
08.03.05 No employee required to take a post-accident alcohol test shall use alcohol for
eight (8) hours following the accident or until he or she undergoes a post-
accident alcohol test, whichever occur first;
08.03.06 No employee shall refuse to submit to a post-accident, random, reasonable,
suspicion, retum-to-duty, or follow-up alcohol or drug test;
08.03.07 No employee shall report for duty or remain on duty when the employee uses
any controlled substance, except when use is pursuant to the instructions of
a physician who has advised the employee that the substance does not
adversely affect the employee's ability to operate a motor vehicle.
08.04 Types of Tests: The Town has implemented six circumstances for drug and alcohol
testing: (1) pre-employment (drug testing only); (2) post-accident testing; (3) random
testing; (4) reasonable suspicion testing; (5) retum-to-duty testing; and (6) follow-up
testing.
08.04.01 Pre-Employment Testing: All applicants for employee positions must submit
to a drug test. Any potential hire who tests positive for drug use will be
ineligible for employment with the Town.
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08.04.02 Post-Accident Testing:
A. Commercial Driver's License (CDL) Holders: Any employee who is required
to hold a commercial driver's license (CDL) for the position held by the
employee shall be subject to drug and alcohol testing any time he or she is
involved in an accident where 1) a fatality is involved; or 2) the driver
receives a citation for a moving violation arising from the accident, and any
party involved requires immediate treatment for an injury away from the
accident scene, or if any vehicle involved incurs "disabling damage" (Le.,
must be towed away). Following any accident, the employee must notify the
Town as soon as possible.
B. Non-CDL Employees: All other Town employees shall be required to submit
to a drug or alcohol test immediately following an accident in which the
employee was involved while operating a Town-owned vehicle where physical
injury to any person or property damage occurs. The employee is required
to notify his or her supervisor immediately after such an accident occurs.
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C. Any time a post-accident drug or alcohol test is required, it must be
performed as soon as possible following the accident. If no alcohol test can
be made within eight (8) hours, attempts to perform an alcohol test shall
cease. If no urine collection can be obtained for purposes of post-accident
drug testing within thirty-two (32) hours, attempts to make such collection
shall cease.
D. In the event that federal, state, or local officials conduct tests for the use of
alcohol or controlled substances following an accident, these tests may meet
the requirements of this section, provided the tests conform to applicable
federal, state, or local requirements. The Town may request or require testing
documentation from such agencies, and may ask or require the employee to
sign a release allowing the Town to obtain such test results.
E. In the event a employee is so seriously injured that the driver cannot provide
a sample of urine, blood, breath or saliva at the time of the accident, the
driver must provide necessary authorization for the Town to obtain hospital
records or other documents that would indicate the presence of controlled
substances or alcohol in the employee's system at the time of the accident.
08.04.03 Random Testing:
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A. Commercial Driver's License (CDL) Holders: Any employee who is required
to hold a commercial driver's license (CDL) for the position held by the
employee shall be subject to random drug and alcohol testing. The Town or
its agents will submit all CDL employees' names to a random selection
system. The random selection system provides an equal chance for each
driver to be selected each time random selection occurs. Random selections
will be reasonably spread throughout the year. The Town will drug test, at
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a mInImUm, 50 percent of the average number of employee positions
requiring a CDL in each calendar year or at a rate established by the
Department of Transportation (DOT) for the given year. The Town will
select, at a minimum, twenty-five percent (25%) of the average number of
employee positions requiring a CDL in each calendar year for random alcohol
testing, or at the rate established by the DOT for the given year. Random
selection, by its very nature, may result in employees being selected in
successive selection or more than once a calendar year. Alternatively, some
drivers may not be selected in a calendar year.
1. If an employee is selected at random for either drug or alcohol testing, a
Town supervisor will notify the employee. Once notified, every action
the employee takes must lead to a collection. If the employee engages in
conduct that does not lead to a collection as soon as possible after
notification, such conduct may be considered a refusal to test.
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B. Non-CDL Employees: All other employees of the Town shall be required to
submit to random drug and alcohol testing when requested by the Town.
The Town or its agents will submit all non-CDL employees' names to a
random selection system. The random selection system provides an equal
chance for each employee to be selected each time random selection occurs.
Random selection, by its very nature, may result in employees being selected
in successive selections or more than once a calendar year. Alternatively,
some employees may not be selected in a calendar year.
1. If an employee is selected at random for either drug or alcohol testing, a
Town supervisor will notify the employee. Once notified, every action
the employee takes must lead to a collection. If the employee engages in
conduct that does not lead to a collection as soon as possible after
notification, such conduct may be considered a refusal to test.
08.04.04 Reasonable Suspicion Testing: An employee shall be required to submit to
drug and/or alcohol testing if that employee's supervisors has reasonable
suspicion to believe the employee is under the influence of drugs or alcohol
while on duty or while in control of any Town-owned vehicle. Should
reasonable suspicion exist, a supervisor, or in the case of a Department Head,
the Town Manager, or in the case of the Town Manager, the Mayor, shall
require the employee to immediately submit to testing. Reasonable suspicion
may include but shall not be limited to the following:
A. Exhibition of physical symptoms or behavior which is normally associated
with persons under the influence of drugs or alcohol;
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B. Discovery of contraband substances or paraphernalia in the possession or
immediate control of an employee;
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C. A report by another person which is sufficiently detailed to appear
knowledgeable, and which describes the use of or involvement with drugs or
alcohol by an employee during work hours or while the employee is in control
of a Town-owned vehicle.
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08.04.05 Substance Abuse Evaluation. Return To Duty. and Follow Up Testin~: Any
employee who engages in prohibited conduct shall be provided with the
names, addresses, and telephone numbers of qualified substance abuse
professionals (SAPs). If the employee desires to become requalified for
employment with the Town, the employee must be evaluated by a SAP and
submit to any treatment the SAP prescribes. Following evaluation and
treatment, if any, in order to become requalified for employment with the
Town, an employee must submit to and successfully complete a return-to-duty
drug and/or alcohol test. Such employee is also subject to follow-up testing.
Follow-up testing is separate from and in addition to the Town's reasonable
suspicion, post-accident, and random testing procedures. The schedule for
follow-up testing shall be unannounced and in accordance with the instructions
of the SAP. Follow-up testing may continue for a period of up to sixty (60)
months following the employee's return to duty. No fewer than six (6) tests
shall be performed in the first twelve (12) months of follow-up testing. The
costs of any SAP evaluation of prescribed treatment shall be borne by the
employee. The Town does not guarantee or promise a position to the
employee should he/she regain qualified status.
08.05 Refusal to Test: Refusal to submit to the types of drug and alcohol tests employed by
the Town will be grounds for refusal to hire employee/applicants and to terminate the
employment of an employee. A refusal to test is defined to be conduct that would
obstruct the proper administration of a test. A delay in providing a urine, blood, breath
or saliva specimen could be considered a refusal. If a employee cannot provide a
sufficient quantity of urine or breath, he/she will be evaluated by a physician of the
Town's choice. If the physician cannot find a legitimate medical explanation for the
inability to provide a specimen (either breath or urine), it will be considered a refusal to
test.
08.06 Authorization for Previous Test Records: Commercial Driver's License (CDL) Holders:
As a condition of employment, any employee who is required to hold a commercial
driver's license (CDL) for the position held by the employee shall sign a release
authorizing the Town to obtain drug and alcohol testing records from the employee's
previous employers for the previous two years. The Town will verify that no prior
employer of the employee has records indicating a violation of any DOT rule pertaining
to controlled substance or alcohol use within the previous two (2) years.
08.07 Drug Urinalysis:
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08.07.01 Drug testing will be performed through urinalysis or blood testing. Urinalysis
or blood testing will test for the presence of drugs and/or metabolites of the
following controlled substances; (1) marijuana; (2) cocaine; (3) opiates; (4)
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amphetamines; (5) phencyclidine (PCP); and (6) all other controlled
substances.
08.07.02 The procedure starts with the collection of a urine or blood specimen.
Specimens will be submitted to a SAMHSA-certified laboratory for testing.
As part of the collection process, the specimen provided will be split into two
vials; a primary vial and a secondary vial. The SAMHSA-certified laboratory
will perform initial screening on all primary vials. In the event that the
primary specimen tests positive, a confirmation test of that specimen will be
performed prior to the laboratory reporting the results to the Town.
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08.07.03 All laboratory results will be reported by the laboratory to the Human
Resources Director (HRD) for the Town. Negative test results shall be
reported to the Town. Before reporting a positive test result to the Town
Manager, the HRD will attempt to contact the employee to discuss the test
result. If the HRD is unable to contact the employee directly, the HRD will
contact the Town Manager, who shall contact the employee and direct the
employee to contact the HRD. Upon being so directed, the employee shall
contact the HRD immediately. In the HRD's sole discretion, a determination
will be made as to whether a result is positive or negative. If the employee
fails to contact the HRD within five (5) days after notification, the HRD may
verify the test as positive. After any positive verification, the employee may
petition the HRD to reopen the case for reconsideration.
08.07.04 Pursuant to DOT regulations, individual test results for employees will be
released to the Town and will be kept strictly confidential unless consent for
the release of the test results has been obtained. Any individual who has
submitted to drug testing in compliance with this policy is entitled to receive
the results of such testing upon timely written request.
08.07.05 An individual testing positive may make a request of the HRD to have the
secondary vial tested. The secondary vial must be tested by a different
SAMHSA-certified lab than tested the primary specimen. The individual
making the request for a test of the second specimen must pre-pay all costs
associated with the test. The request for testing of a secondary specimen is
timely if it is made to the HRD within 72 hours of the individual being
notified by the Town of a positive test result.
08.08 Alcohol Tests:
08.08.01 The Town will perform alcohol testing using a device that is on the National
Highway Traffic Safety Administration's (NHTSA) Conforming Products List
(CPL) and meets the DOT's testing requirements. This may be a breath
testing device, a saliva-based testing device or any other approved devise, and
may be provided through a vendor or agent. The device will be operated by
a technician who is certified and trained on the specific device he or she will
be operating. The employee shall report to the alcohol testing site as notified
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by the Town. The employee shall follow all instructions given by the alcohol
technician.
08.08.02
Any initial test indicating a blood alcohol concentration (BAC) of .02 or
greater will be confirmed on a breath testing device. The confrrmation test
will be performed no sooner than 15 minutes and no later than 30 minutes
following the completion of the initial test. In the event the confrrmation test
indicates a BAC of .02 to .0399, the employee shall be removed from duty
for 24 hours or until his/her next scheduled on-duty time, whichever is
longer. Employees with tests indicating a BAC of .04 or greater are
considered to have engaged in prohibited conduct, which may result in
disciplinary action up to and including termination. All alcohol tests shall be
preformed just prior to, during or just after duty.
08.09 Discipline and Appeals:
08.09.01 The disciplinary procedures set forth herein are subject to the notice
provisions of Section 02.10.05 and appeal provisions as set forth in Article
5.
08.09.02 The disciplinary guidelines contained herein supersede the progressive
discipline policies as set forth in Section 02.10.09.
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08.10 Not a Contract: This policy is not intended nor should it be construed as a contract
between the Town and the employee. This policy may be changed at any time at the sole
discretion of the Town.
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