Drug and Alcohol Testing Policy for Non-CDL Employees and Volunteers

Date Established: October 19, 2020
Date Last Updated: October 19, 2020

Policy Statement
The City of Ames has a strong commitment to employees and the public to provide a safe and drug free workplace. Being under the influence of a drug or alcohol poses serious safety and health risks not only to the user, but to all those who work and come in contact with the user. The purpose of this policy is to assist in providing a workplace that is safe and healthy by limiting the effects of drug and alcohol use. The City also declares the responsibility to the public to demonstrate the safe and controlled operation of City work environments by establishment of a Drug and Alcohol Testing Program.

The provisions of this policy shall apply to all employees and volunteers of the City, regardless of status, except those employees subject to the City’s Commercial Driver’s License (CDL)/ and Alcohol Testing Policy. In places where this policy refers to employees, volunteers are also subject to the same requirements.

The Medical Review Officer
The City will designate a Medical Review Officer (MRO) for the City, who will be a licensed physician, either a medical doctor (MD) or osteopath (OD), fully licensed to practice in Iowa. The Medical Review Officer will have the responsibility of interpreting all tests taken under the provisions of the City’s drug policy. The Medical Review Officer will determine if there is a violation of the use of restricted drugs and/or alcohol under this policy and report such specific violations directly to the City Clerk’s office. That report will be used with other information gathered at the time to determine what, if any, action should be taken with an employee or volunteer found in violation of the City’s Drug and Alcohol Testing Policy.

The MRO will ensure that the chain of custody is complete and sufficient on its face and that proper testing protocol has been followed. An employee, prospective employee, or volunteer shall be provided an opportunity to provide any information to the MRO which may be considered relevant to the test including identification of prescription or nonprescription drugs currently or recently used, or other relevant medical information.

The City’s current Medical Review Officer is determined and assigned by Unity Point Clinic.

Testing Procedures
Testing – All drug or alcohol testing will be conducted by a laboratory or testing facility that has been approved under the rules of the Department of Public Health of the State of Iowa or the U.S. Department of Health and Human Services. When testing for alcohol/drugs, testing will include a urine test.

If a test result indicates the presence of alcohol or an illegal drug, a second test shall be conducted using the same or an alternate method of analysis. If this test is also positive, a portion of the original sample will be made available (if feasible) for the employee to have their own test conducted at their expense.
An employee shall be accorded a reasonable opportunity to rebut or explain the results of a drug test.

An employee who refuses to be tested when so required will be subject to the full range of disciplinary action, up to and including termination. Attempts to alter or substitute the specimen provided will be deemed a refusal to take the drug test when required.

Drugs for Which Individuals are Tested – Section 503 of the Drug Free Workplace Act of 1988 requires the City of Ames to specify drugs for which individuals are tested. The City may test for the following drugs: marijuana, cocaine, amphetamines, opiates, alcohol, and phencyclidines (PCP) or any other drug as approved in advance by the Secretary of the Department of Health and Human Services, or as may be required under State and Federal regulations.

In conducting those tests designed to identify the presence of chemical substances in the body, the City shall ensure to the extent feasible that the tests only measure, and that the records of the tests only show or make use of information regarding chemical substance in the body which are likely to affect the ability of the employee to perform their duties safely while on the job.

Confirmatory Challenge – Collection of a urine sample for testing of employees shall be performed so that the specimen is split into two components at the time of collection in the presence of the individual from whom the sample is collected. The second portion of the specimen shall be of sufficient quantity to permit a second, independent confirmatory test. If a confirmed positive test result for drugs or alcohol for employee is reported to the employer by the MRO, the City shall notify the employee in writing and inform the employee of the right to request and obtain a confirmatory test of the second sample collected. This second test shall be conducted within seventy-two hours of being notified of a positive result at an approved laboratory of the employee’s choice, with the cost being the employee’s responsibility. If the results of the second confirmatory test do not confirm the results of the initial confirmatory test, the City shall reimburse the employee for the fee paid by the employee for the second test. The initial confirmatory test shall not be considered a confirmed positive drug test for purposes of taking disciplinary action pursuant to this policy.

Cost of Tests – The City shall pay for the costs associated with conducting the drug and/or alcohol test(s). In the case of confirmatory challenges, the employee shall be responsible for the costs associated with testing the second sample.

When Testing is Authorized

1. Reasonable Suspicion Drug and Alcohol Testing – The City will require current employees and volunteers to submit to drug or alcohol tests based upon evidence that an employee or volunteer is using, or has used, alcohol or other drugs in violation of the City’s written Drug Free Workplace Policy, drawn from specific objectives and articulable facts, and reasonable inferences drawn from those facts in light of training and experience. For the purposes of this paragraph, facts and inferences may be based upon, but not limited to, any of the following:

a. Observable phenomena while at work such as direct observation of alcohol or drug use, or abuse, or of physical symptoms or manifestations of being impaired due to alcohol or other drug use.
b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
c. A report of alcohol use or the use of other drugs provided by a reliable and credible source.
d. Evidence that an individual has tampered with any drug or alcohol test during the individual’s employment time with the City.
e. Information that an employee or volunteer has caused or contributed to an accident while at work or while performing City services or functions (if the accident does not fall under the procedures governing Post-Accident Testing).
f. Evidence that an employee or volunteer has manufactured, sold, distributed/solicited, possessed, used or transferred drugs while on the City’s premises, or while operating the City’s vehicle, machinery, or equipment.

The above list is by no means totally inclusive.

In instances where reasonable suspicion occurs, the following procedures will be followed:

1) Employees or volunteers suspected of being under the influence of drugs or alcohol shall be transported by a supervisor, Human Resources, or emergency services personnel to a designated laboratory for the purpose of drug or alcohol testing.

2) Probable cause incidents shall be documented by a supervisor and one other person.

3) The City may perform drug or alcohol testing on employees or volunteers involved in vehicular accidents if probable cause is established and in all serious injury accidents.

4) In the event an employee is relieved of duties under this section, then a “return to duty test” may be required by the employer prior to the employee’s return to work.

An employee who is required to take a reasonable suspicion test will be considered by the City as unqualified to work and relieved from duty pending the results of their test(s). An employee may request vacation and at the expiration of vacation request leave without pay, for the time the employee is relieved from duty. An employee whose test results are negative will be reimbursed for the time. An employee whose test results are positive will not be reimbursed for the time. The employee is not eligible to use sick leave while the employee is relieved from duty, awaiting test results.

A volunteer who is required to take a reasonable suspicion test will be removed from their duties pending the results of the volunteer’s test(s).

2. Post Accident – The City may require drug testing to determine if an employee is ineligible to receive Workers Compensation in accordance with 85.16(2) of Iowa Workers Compensation Law. Post-accident testing may occur for employees when circumstances involve:
1) a death, or personal injury requiring hospitalization; or
2) an injury compensable under workers compensation; or
3) damage to the City’s or private property in excess of $1,000; or
Testing for alcohol and controlled substances will be conducted as soon as practicable following an accident which meets the criteria of this section. Alcohol tests must be conducted within eight (8) hours following the accident; controlled substances tests must be conducted within 32 hours following the accident. The employee must remain readily available for testing until the tests are administered or for these time periods, whichever comes first.

Use of Alcohol
The use of, or being under the influence of alcohol by any employee or volunteer while performing City business, while in a City facility, vehicle, or on equipment is prohibited. An employee who uses alcohol while on the job is subject to disciplinary actions up to and including dismissal, for the first occurrence. Volunteers who use alcohol while performing City services or functions will be immediately removed of their duties.

Employees are prohibited from having a blood alcohol concentration of .040 or greater while on duty. An alcohol test result below .020 is considered negative; a result of .020 or greater but less than .040 is considered “non-negative.” After a result of “non-negative,” the employee may not perform or continue to perform safety-sensitive work for 24 hours following the test. The employee may be sent home for the remainder of the day or placed in non-public contact job duties.

An exception exists for Police Department employees whose duties require possession or consumption of alcohol in the course and scope of job duties (i.e., undercover assignments). Alcohol may only be consumed in the course and scope of a Police Department employee’s job duties with prior specific approval by the Chief of Police or designee.

Pre-duty Use of Alcohol

Regular Shifts and Scheduled Overtime – Employees are prohibited from drinking alcohol within four (4) hours prior to the start time of a regular shift or a scheduled overtime assignment. Employees should still be mindful of the acceptable blood alcohol concentration levels in the previous section. An employee who violates this prohibition is subject to disciplinary actions up to and including termination, for the first occurrence.

On Call – Employees are prohibited from drinking alcohol while in on call status. An employee who violates this prohibition is subject to disciplinary actions up to and including termination, for the first occurrence.

Unscheduled Overtime Assignments – If an employee is offered an unscheduled overtime assignment, the employee is responsible for declining the offer if the employee has used alcohol during the previous four hours. An employee who begins work in violation of this prohibition is subject to disciplinary actions up to and including dismissal, for the first occurrence.

Use following a Vehicular Accident – If an employee is involved in an accident, the employee is prohibited from consuming alcohol for eight (8) hours following the accident or until tested for alcohol, whichever comes first. The employee must remain readily available for testing during this eight-hour period. An employee who violates these prohibitions is subject to disciplinary actions up to and including dismissal, for the first occurrence.

Refusal to Submit to a Required Test – Employees are prohibited from refusing to submit a required alcohol and/or drug test. An employee’s refusal to submit to a required drug or alcohol test shall be treated as a positive test.

Test Results
1. Negative Results. If the results of the alcohol and/or drug test(s) are negative, the employee will be returned to the employee’s regular duties and be paid for any scheduled hours lost between the time the tests are conducted and the time the test results are reported. Volunteers who have a negative drug test may resume their volunteer duties.

2. Non-Negative Results. If the result of an alcohol test is “non-negative,” the employee may not perform safety-sensitive work for 24 hours. Non-negative results may result in disciplinary action, up to and including termination.

3. Positive Results for Current City Employee. If the results of the alcohol and/or drug test(s) are positive for a current City employee, the City shall notify the employee in writing of the results of the test, the employee’s right to request and obtain a confirmatory test of the second sample collected at an approved laboratory of the employee’s choice, and the fee payable by the employee to the employer for reimbursement of expenses concerning the test. If the results of the test obtained by the employee from an outside laboratory do not conform to the results of the test(s) analyzed by the MRO, the City shall reimburse the employee for the fee paid by the employee for the outside laboratory analysis obtained by the employee, and the initial test shall not be considered a confirmed positive test result for purposes of taking disciplinary action.

If the results of the employee-obtained laboratory analysis are consistent with the initial test results, the employee will be removed from their position and/or subject to disciplinary action up to and including termination.

Employee Assistance – The City provides employee assistance under the City of Ames Employees Assistant Program (E.A.P.) for drug and alcohol problems. Employees struggling with drug and/or alcohol dependency are encouraged to seek assistance from the EAP. Nothing in this section shall prohibit an employee from seeking assistance on the employee’s own through the City of Ames Employee Assistance Program (E.A.P.) prior to any detected violation.

For the purpose of seeking treatment, the employee may use paid vacation, compensatory and/or sick leave until such leave is expended, with the following exception-sick leave may be used for outpatient rehabilitation only when it is not possible for the employee to undergo rehabilitation outside of work hours. If the employee chooses not to use paid leave, or if paid leave has been expended, the disqualification period will be without pay.

Regardless of participation in a treatment plan or resources provided through the EAP, the City may take disciplinary action as it sees fit.

Discipline Discipline under this program will be administered under the City of Ames Discipline Policy.

4. Positive Results for Volunteers – If the results of a volunteer’s drug test is positive, the City shall notify the individual in writing of the test results, of the name and address of the medical review officer who made the report, and of the volunteer’s right to request records of the report. Volunteers who are currently performing services or functions for the City shall be removed from their duties and remain ineligible for volunteer opportunities for a period of twelve (12) months.

Legal Drugs
The use of, or being under the influence of any legal drug by any employee while performing City business, while in a City facility, vehicle, or on equipment, is prohibited if the drug impairs the employee’s ability to perform the employee’s job or assignment.

Employees who use prescription and over-the-counter medications are required to report all usage to their department head or Human Resources when it has been determined by their attending physician that their use of prescription medication may impair their ability to perform their job or when use of prescription medication, following label instructions as outlined by the manufacturer, would present an impairment to the individual in providing for safe and effective operation of machinery, driving ability, or impaired motor skills. It shall be required of the employee to report such drug usage to the department head or Human Resources. Failure to adhere to restrictions from either an attending physician for prescription medication or from the manufacturer’s recommendation for over-the-counter medication may also result in disciplinary action.

Illegal Drugs
The use, sale, purchase, transfer, or possession of an illegal drug by any employee while in a City facility, vehicle, equipment, or while performing City business is prohibited.

An exception exists for Police Department employees whose duties require possession of drugs in the course and scope of job duties (i.e., undercover assignments).

Education and Training
Policy and guidelines will be distributed by the City of Ames to each covered employee and provided to a representative of any employee labor organization. Employees will be provided with informative training regarding the effects of alcohol and drug use, City policy, and procedures for identifying alcohol or drug problems in others. Employees who have questions about the City’s drug and alcohol testing program should contact Human Resources.

Supervisors designated to make reasonable suspicion determinations for drug or alcohol testing under this policy shall attend a minimum of two hours of initial training and attend, on an annual basis thereafter, a minimum of one hour of subsequent training. The training shall include, but not be limited to, information concerning the recognition of evidence of employee alcohol and other drug abuse, and the documentation and corroboration of employee alcohol and other drug abuse.

Confidentiality of Test Results

The City shall protect the confidentiality of the results of any alcohol/drug test conducted on an employee. A file separate from the employee’s personnel file will be used for medical records and reports of testing.

In order to comply with Section 503(e) of the Drug Free Workplace Act of 1988, the results of a drug test of a City of Ames employee or volunteer may not be disclosed without the prior written consent of such employee or volunteer, unless the disclosure would be:
-To the agency in which the employee is receiving counseling or treatment, or is otherwise participating, or;
-To the Medical Review Officer, or;
-To the Human Resources Department. The Human Resources Department may notify the department head/supervisor of the employee’s absence from work or work responsibilities, or;
-Pursuant to the order of a court of competent jurisdiction or where required by the United States Government to defend against any challenge against any adverse personnel action.

Employee Compliance
It is a condition of continued employment by the City of Ames that each employee complies with the laws on controlled substances. Any known violation of said laws occurring in the workplace must be reported to the employee’s supervisor immediately, but in no case more than five days following the occurrence. Employees are responsible for notifying their supervisor of any use or suspected use of controlled substances or alcohol by any person or employee that may affect work performance.

Contact Information
Human Resources Director
hr@cityofames.org
515-239-5199