Section 3 Personnel
Policy 3-2 DRUG AND ALCOHOL FREE WORKPLACE POLICY
DISTRIBUTION: ALL DEPARTMENTS
DATE: JANUARY 15, 2000
SUBJECT: DRUG AND ALCOHOL FREE WORKPLACE POLICY
TABLE OF CONTENTS Page
PUBLICATION AND NOTICE 2
SECTION 1, GENERAL POLICY 2
PROHIBITED ACTIVITIES 4
OFF-DUTY OFFENSES 5
USE OF MEDICATION 5
DRUG AND ALCOHOL TESTING 5
Applicant Testing 6
Reasonable Suspicion Testing 6
Post-Accident Testing 7
Random Testing 7
Post-Rehabilitation Testing 7
SUBSTANCES TESTED 8
RULES AND PROCEDURES FOR COLLECTION AND TESTING 9
APPLICANTS REFUSAL TO TEST OR POSITIVE RESULTS 11
EMPLOYEES INABILITY OR REFUSAL TO TEST 11
DISCIPLINARY ACTION AGAINST EMPLOYEES 12
EMPLOYEE ASSISTANCE PROGRAM 12
APPEAL PROCEDURES 13
CONFIDENTIALITY AND MAINTENANCE OF RECORDS 13
ORIENTATION AND TRAINING 13
NOTICE OF CONVICTION OF DRUG OFFENSES 13
SECTION 2, POLICY FOR COMMERCIAL VEHICLE OPERATIONS 14
INDENTIFICATION OF SAFETY-SENSITIVE EMPLOYEES 15
RANDOM TESTING PROCEDURES 15
INITIAL TESTING FOR SAFETY-SENSITIVE POSITIONS 17
POST-ACCIDENT TESTING 17
RETURN-TO-DUTY TESTING 17
SPECIFIC RULES FOR ALCOHOL TESTING 17
SUSPENSION OF EMPLOYEES FROM
SAFETY-SENSITIVE DUTIES 19
FOLLOW-UP (POST-REHABILATION) TESTING 20
ADDITIONAL RECORD KEEPING REQUIREMENTS 20
RECISION AND EFFECTIVE DATE 20
RESPONSIBLE DEPARTMENT 20
APPENDIX A, DRUG AND/OR ALCOHOL TESTING CONSENT FORM 22
APPENDIX B, REASONABLE SUSPICION OBSERVATION CHECKLIST 23
PURPOSE. The City of Lawton considers its employees to be its most valuable
resource and is concerned about the health, safety, well being, and satisfactory work
performance of all employees. The use, abuse, and dependence on alcohol and/or
drugs can seriously affect the health of employees, jeopardize their own safety and that
of the general public, as well as impair job performance. It is, accordingly, the policy of
the City that the unlawful manufacture, distribution, dispensing, possession or use of
drugs or being under the influence of drugs or alcohol in circumstances that directly or
indirectly affect job safety or performance, will not be tolerated. Any employee
determined to be in violation of this Policy, whether on or off duty, is subject to
the full range of disciplinary action, which may include termination.
BACKGROUND. The City has had a drug and alcohol free workplace policy in
its employees and applicants for City employment since 1989. Changes in state and
federal regulations required that the Citys policy be updated.
PUBLICATION AND NOTICE. The City shall post a copy of this Drug and Alcohol
Workplace Policy and any changes to the Policy, in prominent employee access areas
in the various departments and shall give a copy of the Policy and any changes to the
Policy to each employee and to each applicant upon his or her receipt of a conditional
offer of employment with the City. Pursuant to the Oklahoma Standards for Workplace
Drug and Alcohol Testing Act, the Policy shall be implemented upon the provision of an
advance thirty (30) days notice to City employees. At such time as changes to the
Policy become necessary, the City will give employees at least thirty (30) days notice
before the changes shall take effect.
SECTION 1, GENERAL POLICY
APPLICABILITY. This Section is applicable to all City employees; provided,
that (1) the provisions of this Section on drug and alcohol testing do not apply to testing
required by and conducted pursuant to federal law or regulation and (2) collective
bargaining agreements entered into by the City may provide greater protection to
employees or applicants than is provided by this Policy.
DEFINITIONS. As used in this Policy:
a) Alcohol means ethyl alcohol or ethanol;
b) Confirmation test means a drug or alcohol test on a sample to
results of a prior drug or alcohol test on the same sample and which uses different
chemical principles and is of equal or greater accuracy than the prior drug or alcohol
c) Conviction means any adjudication of a criminal offense that does
not result in a
finding of not guilty;
d) Drug or Controlled Substance means amphetamines, cannabinoids,
phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates,
benzodiazepines, propoxyphen, synthetic narcotics, designer drugs, or a metabolite of
any of the substances listed herein;
e) Drug or alcohol test means a chemical test administered for the
determining the presence or absence of a drug or its metabolites or alcohol in a
persons bodily tissue, fluids or products;
f) Duty means working a regular or overtime shift for the City of
Lawton in any
capacity, or being in a standby or on call status;
g) Medical Review Officer (MRO) means a person, qualified by the
State Board of
Health, who is responsible for receiving results from a testing facility which have been
generated by the Citys drug or alcohol testing program, and who has knowledge and
training to interpret and evaluate an individuals test results together with the individuals
medical history and any other relevant information;
h) Random selection basis means a mechanism for selecting employees
for drug or
alcohol testing that:
1. results in an equal probability that any employee from a group of employees
to the selection mechanism will be selected, and
2. does not give the City discretion to waive the selection of any employee selected
under the mechanism;
i) Reasonable suspicion means a belief that an employee is using
or has used drugs
or alcohol in violation of the Citys Policy drawn from specific objective and articulable
facts and reasonable inferences drawn from those facts in light of experience, and may
be based upon, among other things:
1. observable phenomena, such as:
(a) physical symptoms or manifestations of being under the influence of a drug
alcohol while at work or on duty, or
(b) direct observation of drug or alcohol use while at work or on duty,
2. a report of drug or alcohol use while at work or on duty, provided by reliable
credible sources and which has been independently corroborated by the employees
supervisor or department director,
3. evidence that an individual has tampered with a drug or alcohol test during
employment with the City, or
4. evidence that an employee is involved in the use, possession, sale, solicitation
transfer or drugs or alcohol while on duty or while on the Citys premises or operating
the Citys vehicle, machinery or equipment;
j) Sample means tissue, fluid or product of the human body chemically
revealing the presence of drugs or alcohol in the human body;
k) Substance Abuse Professional (SAP) means a licensed physician
or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee
assistance professional, or addiction counselor (certified by the National Association of
Alcoholism and Drug Abuse Counselor Certification Commission) with knowledge of and
clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. The SAP will be provided through the Citys Employee Assistance
l) Testing Facility means any laboratory, hospital, clinic or other
facility, either on or
off the premises of the City, which provides laboratory services to test for the presence
of drugs or alcohol in the human body.
PROHIBITED ACTIVITIES. Prohibited drug and alcohol related
activities include, but
are not limited to:
a) Controlled Substance or Alcohol Possession: Except for police
necessarily a part of their official duties, no employee shall have in his or her possession
alcohol or drugs (controlled substances, or drug paraphernalia associated with the use
of a controlled substance) while on duty with the City of Lawton.
b) Controlled Substance or Alcohol Use: Except for police officers
when necessarily a
part of their official duties, no employee shall use a controlled substance or alcohol while
c) Controlled Substance or Alcohol Impairment: No employee shall
report to duty or
remain on duty while impaired by alcohol or drugs. Impaired means under the
influence of a substance such that the employees motor senses (i.e. sight, hearing,
balance, reaction, reflex) or judgement either are or may be presumed affected. If an
employee records an alcohol concentration of .02 or greater, that employee will be
considered impaired. Employees are prohibited from using alcohol at least 4 hours
before reporting to work. An employee may use a substance administered by or under
instructions of a physician. However, if the substance causes impairment, the employee
will not be assigned driving or other safety sensitive duties, and may be relieved from
duty if the impairment is significant, i.e. prevents the employee from working safely.
d) In addition to the above, the sale, dispensing, distribution, or manufacture
drugs and narcotics or unauthorized alcoholic beverages at any City of Lawton
or work site is prohibited.
e) Employees determined to have involvement in any of these prohibited activities
be subject to disciplinary action up to and including termination of employment.
f) Any of these activities which also are in violation of federal, state or local
law will be
reported to the Lawton Police Department. Further, any controlled substance or
suspected controlled substance found in City facilities, work sites, or other
areas will also be reported to the Lawton police or other law enforcement agency.
OFF-DUTY OFFENSES. Employees who are charged or arrested
for off-the-job drug
or alcohol related activity may be determined to be in violation of this Policy, whether or
not a conviction results. The provision of Section 17-171 of the Lawton City Code will be
followed in taking any administrative or disciplinary action while a charge(s) is pending.
Conviction of any such offenses may result in disciplinary action up to and including
termination, whether or not the offense is determined to be in violation of this Policy.
USE OF MEDICATION. It is not the intent of this Policy
to prevent the legitimate use
of prescription and over-the-counter (non-prescription) medication. However, the use of
some such medications may cause impairment to an employees motor skills
judgement. An employee who is taking prescription or over-the-counter medications is
responsible for informing his/her supervisor of the medication being taken and the
possible side effects as described by a physician, pharmacist, the medication container
label or any other documentation provided with the medication. Supervisors are
responsible for keeping this information confidential and for determining whether the
employee can safely perform regular duties, should be assigned other duties
temporarily, or if the employee cannot safely perform any job duties and should
placed on leave. It should be noted that the use of prescription medication and over-the-counter
medication in a manner not directed or intended may constitute drug abuse
and a violation of this Policy. This may include using the medication in dosages greater
than prescribed or continued use of the medication after there is no longer a legitimate
medical reason to do so.
DRUG AND ALCOHOL TESTING. Employees of the City of Lawton
and all applicants
for employment are subject to drug and alcohol testing under the following
a) Applicant Testing. The City will require all applicants, upon receiving a
conditional offer of employment, to undergo drug and/or alcohol testing, and will use a
refusal to undergo such testing or a confirmed positive test result as a basis for denial of
employment provided that such testing does not violate the American with Disabilities
Act of 1990, 42 U.S.C. §12101 et seq. (hereinafter referred to as ADA).
b) Reasonable Suspicion Testing. The City may require an employee
to submit to
drug and/or alcohol testing if there is reasonable suspicion the employee has violated or
is violating the City of Lawton Drug and Alcohol Free Workplace Policy. Before
confronting the employee, the supervisor or department director will contact the Human
Resources Director and detail the observations and other evidence that form the basis
for reasonable suspicion. If the Human Resources Director, in consultation with the City
Attorney as necessary, agrees that reasonable suspicion exists, he will arrange for the
employee to undergo drug and alcohol testing. Any disagreement as to the sufficiency
of the evidence will be resolved by the City Manager.
Testing must be conducted as soon as possible after the behavior or conditions which
gave rise to the reasonable suspicion are observed and documented, but no later than 8
hours for alcohol or 32 hours for controlled substances (drugs). If reasonable suspicion
is based solely on the observation of behavior which may indicate an employee is under
the influence of drugs or alcohol while on duty, the behavior shall be brought to the
attention of a supervisor. The supervisor observing such behavior must have completed
training on the detection of symptoms or manifestations of being under the influence of
the substances listed in this Policy or the observations must be corroborated by
supervisory or management personnel who have completed such training before
referring an employee for testing. Supervisory personnel should not attempt to
diagnose an employees problem when confronting him/her concerning the decision to
direct the employee to undergo drug and/or alcohol testing.
Supervisors may relate the specific circumstances that gave rise to the reasonable
suspicion, but should not accuse the employee of being an alcoholic or drug abuser.
Supervisors should also be familiar with the defenses that substance/alcohol abusers
may use to avoid testing and should not be easily dissuaded from requiring an employee
to undergo testing when the facts indicate reasonable suspicion exists.
An employee who is directed to undergo reasonable suspicion testing may be granted
leave with pay or be transferred to another position during the period of time
when a sample is provided and the date the final test results are received by
Human Resources Director. The employee shall not be suspended without pay or
disciplined in any manner until after a positive test has been confirmed by the MRO
unless the actions of the employee which gave rise to the reasonable suspicion are
sufficient by themselves to warrant such disciplinary action.
A written record shall be made of all the circumstances which resulted in an
being directed to undergo reasonable suspicion testing (see Appendix B).
c) Post-Accident Testing. The City may require an employee to undergo
alcohol testing if there is a reasonable suspicion that the employee or another person
sustained a work-related injury or the Citys property was damaged as a
of use of drugs or alcohol by the employee. An employee who is subject to post-accident testing
shall remain readily available for such testing or the employee may be
deemed to have refused to submit to testing. Nothing in this Policy, however, shall be
construed to require the delay of necessary medical attention for injured persons
following an accident or to prohibit a driver from leaving the scene of an accident
the period necessary to obtain assistance in responding to the accident, or to obtain
necessary emergency medical care.
d) Random Testing. The City may require the following types of employees
undergo drug or alcohol testing on a random selection basis:
1. police or peace officers;
2. employees having drug interdiction responsibilities;
3. employees authorized to carry firearms;
4. employees engaged in activities which directly affect the safety
of others; and
5. employees who work in direct contact with inmates in the custody of the
Department of Corrections or work in direct contact with juvenile delinquents.
The City will use a method of random selection which is matched with the employees
social security number. Random testing shall be unannounced and spread reasonably
throughout the calendar year. Upon being notified of selection for random testing,
employees will proceed immediately to the designated testing site. In the event an
employee who is selected for random testing is on leave or determined by the Human
Resources Director to be unavailable based on circumstances beyond the employees
control, a substitute employee may be randomly selected for testing.
e) Post-Rehabilitation Testing. The City may require an employee
who was not
terminated to undergo drug or alcohol testing without prior notice for a period
of up to
two (2) years commencing with the employees return
to work, following a
confirmed positive test or following participation in a drug or alcohol dependency
treatment program under an employee benefit plan or at the request of the employer.
In all such cases, the employee shall be required to undergo testing immediately upon
his or her return to duty. The frequency of follow-up testing during the two (2) year
period shall be determined by the Human Resources Director, after consulting with the
employees Department Director.
SUBSTANCES TESTED. Drug and alcohol testing will determine
the presence or
absence of the following substances or the metabolites of these substances:
a) Stimulants. These drugs are commonly called uppers
because they are central
nervous system stimulants which increase alertness and physical activity. Available in
powder, crystal, pill, tablet, capsule and liquid forms. Can be ingested, injected, sniffed
or smoked. These drugs include cocaine (powder, snow, blow, coke, lady, candy,
bump, crack, rock), amphetamines (uppers, black beauties, speckled bird eggs,
bennies, footballs), dextroamphetamine, methamphetamine (speed, crank, crystal, go
fast, ice, meth, crystal meth) designer drugs such as ecstasy/methlenedioxymeth-amphetamine (XTC, MDMA,
b) Depressants. Also known as tranquilizers, this group of
drugs depress the
central nervous system. Can be found in powder, pill, tablet, capsule or liquid form.
Most often ingested. Commonly thought of as prescription pills such as barbiturates,
phenobarbital, seconal, ambitol and methaqualone (downers, reds, yellows, barbs,
phennies, red/blue devils, yellow jackets, qualudes) but also include the
benzodiazapienes such as valium, librium, atavan, serax and lorazapam (downers, Vs,
goofballs, sleeping pills, candy) as well as the canabanoids containing
tetrahydrocannabinol (THC), marijuana (mary jane, weed, reefer, smoke, dope, reefer,
joint, grass, pot, doobie) and hashish (hash) as well as alcohol (ethyl alcohol, ethanol)
including liquor (made from distilled starches, such as whiskey, vodka, rum, brandy,
etc.) wines (made from fermented fruit juices) and beers (made from fermented grains).
c) Narcotics (Opiates). Commonly prescribed medically as analgesics
to relieve pain.
Occur in pill, tablet, capsule, powder and liquid forms. Commonly ingested, injected,
sniffed or smoked. Powerful and addictive. Include codeine, percodan, demerol,
fentanyl, talwin, darvon, darvocet, loricet, hydrocodone, etc., opium, semi-synthetic
opiates, synthetic opiates, morphine, methadone, and heroin (smack, girl, chiva, horse,
mexican brown, black tar, china white, junk, H, monkey, brown sugar).
d) Hallucinogens. Referred to as mind altering drugs. Distort
perceptions and senses of the user that also have an anesthetic effect on the body.
Occur in powder, liquid and organic forms. Commonly applied to other materials
(cigarettes, marijuana cigarettes) and smoked. Also, the liquid is commonly applied to
other materials (blotter paper, pills, sugar cubes, gelatin squares, capsules) and
ingested. Organic forms are dried and smoked or ingested by making a soup.
Hallucinogens include phencyclidine (PCP), lysergic acid diethylamine (LSD),
dimethyltryptamine, peyote (cactus buds), mescaline and psilocybin (mushrooms) and
bufotenine (toad secretions).
RULES AND PROCEDURES FOR COLLECTION AND TESTING.
a) General Rules.
1. Collection of samples and drug and alcohol testing will be conducted in accordance
with state law and implementing regulations. Samples shall be collected and tested only
by individuals deemed qualified by the State Department of Health and tested only at
testing facilities licensed by the State Department of Health to perform such tests.
2. Drug or alcohol testing shall occur during or immediately after the regular
period of the employee and shall be deemed duty time for purposes of compensation
3. The City shall pay all costs of testing for drugs or alcohol; provided, however,
applicant or employee who requests a retest of a sample in order to challenge the
results of a positive test shall pay all costs of the retest, unless the retest reverses the
finding of the challenged positive test. In such case, the City shall reimburse the
applicant or employee for the costs of the retest.
4. Samples shall be collected and tested with due regard to the privacy of the
individual being tested. In the case of urinalysis, no City employee or representative,
agent or designee of the City shall directly observe an applicant or employee in the
process of producing a urine sample.
5. At the time of collection, applicants and employees will be afforded the opportunity
to provide any information which the applicant or employee considers relevant to the
test, including identification of currently or recently used prescription or nonprescription
drugs, or other relevant information.
b) Specific Procedures.
1. Every applicant who receives a conditional offer of City employment will be
to report to the Human Resources Department where the applicant will be given a copy
of this Policy and instructions to report to a designated medical facility within seventy-two (72) hours
to provide a sample for drug and alcohol testing. Prior to doing so, the
applicant shall complete a consent form documenting their willingness to undergo pre-employment drug
and alcohol testing (See Appendix A).
2. The applicant or employee will report to the designated medical facility to
sample for testing. Employees undergoing reasonable suspicion testing will be
transported to the sampling facility by supervisory or Human Resources personnel.
3. The sampling facility will collect a breath, urine or blood sample as authorized
the State Department of Health. The collection of samples shall be performed under
reasonable and sanitary conditions, and in sufficient quantity for splitting into two
separate specimens to provide for any subsequent independent analysis in the event of
challenge of the test results of the main specimen.
4. Prior to the collection, the sampling facility will begin a written record
of the chain of
custody of the sample which shall be maintained from the time of collection until the
sample is no longer required. The sample will then be collected in an approved
container with a label sufficient to unmistakably identify the donor of the specimen.
Upon receiving the necessary quantity of a specimen, the container shall be sealed in
such a manner as to reveal any unauthorized opening of the container.
5. Collected samples shall be stored in locked areas accessible only by individuals
approved by the State Department of Health to collect or test samples. Samples that
must be transported individually or collectively to a separate testing facility will be
packaged in crush-resistant boxes with individual slots that will hold each sample
6. Testing will be conducted using methods and equipment approved by the State
Department of Health. Breath testing will be conducted by a certified Breath Alcohol
Technician using an approved Evidential Breath Testing device. The technician shall
conduct an initial (screening) test and a confirmation test twenty (20) minutes later, if
necessary. Screening tests of urine or blood will be conducted using either the
immunoassay or thin-layer chromatography methods. For urine samples, tests will be
completed to determine any adulteration of the sample. Such tests include creatinine
level, pH level, and specific gravity. Confirmation tests on urine or blood will be
conducted using the combination gas-liquid chromatography/mass spectrometry
7. If the screening test result is negative for substances for which tested and
adulteration, no additional testing will be conducted unless directed by the Medical
Review Officer (MRO).
8. Should the MRO report that the test is a false negative (negative
for which the test was conducted, but positive for adulteration of the sample), the
applicant or employee providing the sample will be considered to have refused to
9. Should a confirmation test indicate the presence of substances or their metabolites
above the cut-off levels established by the State Board of Health, the MRO will review all
documentation and request an interview of the employee or applicant that recorded the
positive result. During the interview, the employee or applicant will be afforded a full
opportunity to explain, in confidence, the test results and provide any supporting
documentation. The MRO will determine if the positive result was in fact related to drug
or alcohol abuse or due to legitimate use of prescribed or over-the-counter medication,
ingestion of foods that may cause a false positive or other factor.
10. If the applicant or employee provides information and/or documentation sufficient
to satisfy the MRO that the presence of the substance is lawful or not otherwise
prohibited, the result of the test will be reported by the MRO as negative. If the
applicant or employee refuses to be interviewed by the MRO or fails to provide
information and/or documentation within forty-eight (48) hours of the MROs request, the
result of the test will be reported by the MRO as positive just as if the information and/or
documentation were considered insufficient.
11. The testing facility will report the results of each test directly to the
Resources Director along with any recommendations of the MRO concerning any
positive result. The Human Resources Director will be informed only of the presence or
absence of the substances or their metabolites listed under Substances Tested in this
Policy and any evidence of adulteration or other tampering with a sample. The City will
not be notified of the presence of other substances or given any information relating to
the general health, pregnancy or other physical or mental condition of the applicant or
employee that may be revealed by the testing.
APPLICANTS REFUSAL OF TEST OR POSITIVE RESULTS. Any applicant who
refuses to undergo drug and alcohol testing or has a positive final test result will be
denied employment with the City. The Human Resources Department will notify the
applicant that the conditional offer of employment has been withdrawn and the reason
for the withdrawal. The applicant will be scheduled to discuss the reasons for denial of
employment with the Human Resources Director should he/she elect to do so. The
rejected applicant will not be eligible for employment with the City for a period of one (1)
year after the date of refusal to test or the date the sample was provided which tested
EMPLOYEES INABILITY OR REFUSAL TO TEST. If an employee identified for
testing is unable to provide an adequate sample for testing due to valid medical
reasons, the reasons must be documented by a signed statement from the employees
treating physician. If the employee provides such documentation, he/she will be
excused from current testing, but will be
subject to being selected or identified for testing in the future. Failure of the employee
to provide documentation of valid medical reasons will be considered a refusal to submit
to testing. Other conduct of the employee designed to obstruct the testing process will
also be considered a refusal to submit to testing. Examples include failure to comply
with a directive to undergo testing, attempts to delay the testing process, substitution of
or an attempt to substitute an invalid sample, contamination or adulteration of a sample,
etc. An employees refusal to submit to testing will be considered a positive test result
and will subject the employee to the same disciplinary action as would a confirmed
positive test. In addition, failure to submit to testing when so ordered will subject the
employee to disciplinary action for insubordination.
DISCIPLINARY ACTION AGAINST EMPLOYEES. No disciplinary action, except a
temporary suspension or temporary transfer to another position, may be taken against
an employee required to undergo reasonable suspicion testing until there has been a
confirmed positive test using gas chromatography, gas chromatography-mass
spectroscopy, or an equivalent scientifically accepted method of equal or greater
accuracy as approved by the State Board of Health, at the cut-off levels determined by
the Board. Confirmed positive test results will subject any employee of the City to the
full range of disciplinary action set forth in Section 17-173 of the Lawton City Code, up to
and including termination. An employee discharged on the basis of a refusal to undergo
drug or alcohol testing or a confirmed positive drug or alcohol test conducted in
accordance with the provisions of this Policy shall be considered to have been
discharged for misconduct for purposes of unemployment compensation benefits as
provided by state law. Nothing in this Policy is intended to restrict supervisory and
management personnel from taking appropriate disciplinary action against employees
who have exhibited improper behavior or substandard performance. This is true even if
drug or alcohol use or abuse is the underlying problem and the employee has
volunteered for drug or alcohol counseling and treatment through the Employee
Assistance Program (EAP).
EMPLOYEE ASSISTANCE PROGRAM. An employee who is not terminated as a result
of a confirmed positive test must either self-refer or be referred by his/her supervisor to
complete a program of counseling and treatment through the Citys Employee
Assistance Program (EAP). The employee must agree in a signed statement to
undergo evaluation and the course of treatment prescribed by the EAP Substance
Abuse Professional (SAP) and to allow the SAP to provide periodic reports to his/her
employer, releasable to the employees supervisor, concerning the employees progress
and status of completion of the program of counseling or treatment prescribed by the
SAP. Prescribed treatment may be on an in-patient or out-patient basis. Absences
from work necessitated by evaluation or treatment will be charged against the
employees accrued leave balances, or leave without pay if the employee has no
accrued leave. Treatment will be at the employees expense except for such expenses
that are covered under the Citys group health plan. Failure of an employee to submit to
evaluation, cooperate with the SAP, conscientiously participate in a prescribed treatment
program, or to successfully complete the prescribed program will be grounds for
disciplinary action up to and including termination of employment.
APPEAL PROCEDURES. In addition to the right to provide information and
documentation to the MRO in explanation of a positive test result, an employee may
appeal disciplinary action taken for violating this Policy to either the Employee Advisory
Committee (EAC) or Personnel Board, depending on the nature and severity of the
discipline. The EAC and Personnel Board may provide relief as set forth in Chapter 17
of the Lawton City Code. Police and Fire Department employees may grieve disciplinary
action taken for violating this Policy in accordance with the procedures set forth in their
respective bargaining agreements.
CONFIDENTIALITY AND MAINTENANCE OF RECORDS. All records pertaining to
drug and alcohol testing will be maintained as confidential records in the Human
Resources Department in a secure location and separate from other personnel records.
Such records, including the records of the testing facility, shall not be used in any
criminal proceeding, or any civil or administrative proceeding, except in those actions
taken by the employer or in any action involving the individual tested and the employer
or unless such records are ordered released pursuant to a valid court order. The
records shall be the property of the City, but upon the request of the applicant or
employee tested, shall be made available to the applicant or employee for inspection
and copying. The City shall not release such records to any person other than the
applicant, employee or the MRO, unless the applicant or employee, in writing following
receipt of the test results, has expressly granted permission for the employer to release
such records or pursuant to a valid court order. Except for records pertaining to
negative drug or alcohol tests, all records maintained by the City, including records
pertaining to notification and training of employees, shall be maintained for a minimum
of five (5) years. In addition to their right to obtain records maintained by the City,
applicants or employees shall have the right to obtain copies of their test results, and
any analysis and information related thereto, directly from the testing facility upon the
applicants or employees request.
ORIENTATION AND TRAINING. All employees must be informed of this Policy and
sign a statement indicating they have reviewed and understand it, and that they
understand as a condition of employment they must undergo drug and alcohol testing as
required by this Policy in accordance with state law. New employees at the time of the
initial orientation conducted by the Human Resources Department will be required to
review the Policy and complete the required documentation. All supervisory personnel
must be formally trained no less than once every two (2) years as to the effects on
human behavior of alcohol and the various controlled substances listed in this Policy,
the proper documentation of employee behavior or job performance that serves as the
basis for testing, the proper procedures for confronting an employee to receive
reasonable suspicion testing, and proper procedures for referral of an employee for
evaluation or treatment by the EAP.
NOTICE OF CONVICTION OF DRUG OFFENSES. As a participant in the Community
Development Block Grant Program administered by the United States Department of
Housing and Urban Development (HUD), the City is required to notify HUD within ten
(10) days after receiving notice of any City employee convicted of committing a criminal
drug offense. All City employees shall notify the Human Resources Department within
five (5) days of being convicted of any such offense. Failure to do so will subject the
employee to disciplinary action up to and including termination.
Section 2, Drug and Alcohol Testing Requirements for
Commercial Vehicle Operations
PURPOSE. The purpose of this section is to implement the drug and alcohol
program for employees involved in commercial vehicle operations mandated by the U.S.
Department of Transportation (DOT), Federal Highway Administration.
APPLICABILITY. The following section applies only to employees who perform
safety-sensitive duties as defined by the DOT. This includes all employees who are required to
hold a Class A, B, or C Commercial Drivers License (CDL) in order to operate
commercial vehicles and mechanics and other employees who are involved in the repair
and maintenance of commercial vehicles. Unless specific modifications to the general
requirements or procedures are indicated in this section, the requirements and
procedures in Section 1 will apply. This includes the substances for which tested,
testing procedures, qualifications of collection and testing facilities and personnel,
reasonable suspicion testing, training requirements, etc.
DEFINITIONS. In addition to the definitions contained in Section 1 of this
following definitions apply in this section:
Alcohol Concentration means alcohol in a volume of breath (shown as grams of
alcohol divided by 210 liters of breath) as indicated by an evidential breath test;
Breath Alcohol Technician (BAT) means an individual who instructs and assists
individuals in the alcohol testing process operates an evidential breath testing (EBT)
device. The BAT must be trained and certified as qualified to operate the EBT device;
Commercial Vehicle means a vehicle that requires that the operator hold a Class A, B,
or C Commercial Drivers License (CDL). This includes City vehicles that have a gross
vehicle weight (GVW) of over 26,001 lbs., those required to transport hazardous
materials and must be placarded in accordance with DOT regulations, or those
designed to transport more than 15 passengers. Fire apparatus are not considered
commercial vehicles according to Federal law;
Driver, as used in this section, means a City employee who must
maintain a Class
A, B or C Commercial Drivers License due to job requirements to operate vehicles which
have a GVW of 26,001 lbs. or more, is designed to carry 15 or more passengers, or is
used to transport hazardous materials. It does not include fire apparatus drivers;
Safety-sensitive Positions, as used in this section, refers to drivers
and other employees who maintain, repair, dispatch, or operate commercial vehicles;
Substance Abuse means patterns of use of drugs or alcohol that result in health
consequences or impairment in social, psychological, and occupational functioning.
PROCEDURES: In addition to the general drug and alcohol testing requirements
contained in Section 1 of this policy, City employees who are required to hold a Class A,
B, or C Commercial Drivers Licenses for operation of commercial vehicles and
employees involved in the maintenance and repair of such vehicles must undergo
testing in accordance with Federal guidelines. Such employees are considered to be in
safety-sensitive positions. In addition to specific requirements concerning post-offer,
post-accident, and return-to-work testing, a random testing program must be conducted
for these employees.
IDENTIFICATION OF SAFETY-SENSITIVE EMPLOYEES: An initial survey will be
conducted by all departments to identify employees working in safety-sensitive positions
in accordance with DOT guidelines. Department Directors will provide a list of all so
identified employees to the Human Resources Department. The Human Resources
Department will update the list as modifications are required due to hiring, promotions,
transfers, or terminations. In January of each year, the Human Resources Director will
forward a list of each departments safety-sensitive employees to the affected
departments. The department directors will certify the accuracy of the list or make
appropriate corrections and return it to the Human Resources Department.
RANDOM TESTING PROCEDURES:
1. The list of safety-sensitive employees will be used in the random selection process.
The social security numbers of employees listed will be entered into computer software
designed for random number selection.
2. During the initial calendar year of this program, a minimum of 50 percent of the
listed employees will be selected at random to undergo testing for drugs (controlled
substances). A minimum of 25 percent will be selected at random to undergo the
Evidential Breath Test for alcohol. The percentages of the employees selected may
change from year to year in accordance with Federal guidelines based on the percent of
failures (positive tests).
3. On random dates selected throughout the year, the Human Resources Director and
a representative from the Public Works Department will conduct the random selection
process and generate the list of employees selected for testing. The selection process
must occur no less than four times per year and the total number of employees selected
during the year must equal the required annual percentage goals. The random
selection process may cause an employee to be selected and required to test more than
once during a particular year.
4. The names of the selected employees will be kept confidential. The Human
Resources Director will provide department directors the names of their employees
randomly selected for testing no sooner than 72 hours in advance of the selected test
date. The division supervisors will be notified by the department director of division
personnel selected no sooner than 3:00 p.m. of the last workday before the scheduled
testing date. Selected employees will not be notified until immediately before being
instructed to report to the testing facility or being escorted to the testing facility by
5. The Human Resources Department will schedule the tests with the designated
facility. Supervisors will normally accompany the selected employees to the collection or
testing facility, but are not required to remain at the site during sampling or testing.
6. If an employee selected for testing is off-duty due to being sick or on vacation or
personal holiday, the employees supervisor will notify the Human Resources Director.
The Human Resources Director may excuse the employee from testing, or, if the
employee is expected to be absent for no more than two days, may direct that the
employee be tested upon return to work.
7. All test results will be reported to the Human Resources Director by the testing
facilities. The Human Resources Director will contact department directors concerning
any positive results on employees in their departments. At the end of the year, the
Human Resources Department will review all reports to determine the failure rates of
employees tested and use this information to determine the percentage of employees to
test the following year. The Human Resources Department will be responsible for
providing any required reports related to this program to DOT or other government
8. Any employee who records a confirmed positive drug test or a positive
test with a concentration of 0.04 or more indicated, will immediately be suspended from
duty and will be required to undergo the evaluation of a Substance Abuse Professional
(SAP), submit to the treatment or rehabilitation program prescribed, and complete
return-to-duty and follow-up testing. Safety-sensitive employees who record
positive alcohol test with concentration of 0.02 to 0.039 will not be required evaluation
by an SAP and will not be required to undergo follow-up testing. However, drivers must
be suspended for at least 24 hours, and other safety-sensitive employees for at least 8
hours and must complete return-to-duty testing with a negative result before being
allowed to return to work.
INITIAL DRUG AND ALCOHOL TESTING FOR SAFETY- SENSITIVE POSITIONS:
Applicants for safety-sensitive positions who are not currently employed by the City will
be required to undergo applicant drug and alcohol testing as described in Section 1 of
this policy. City employees who are selected for promotion or transfer into safety-sensitive positions
from positions not considered safety-sensitive, must successfully
complete drug and alcohol testing before such changes in assigned job duties become
effective. Employees transferred from one safety-sensitive position to another safety-sensitive
position, from a safety-sensitive position to a non-safety-sensitive position, or
from one non-safety-sensitive position to another will not undergo drug and alcohol
testing in conjunction with the change in assigned duties.
POST ACCIDENT TESTING:
1. Post accident testing is mandatory for the operator of a commercial vehicle if the
accident involves loss of life or if the operator received a citation under Federal, state, or
local law for a moving traffic violation arising from the accident. Otherwise, the operator
may be tested if evidence causes reasonable suspicion that alcohol or drugs may have
been a contributing factor to the accident.
2. Alcohol (EBT) testing should be completed within two hours of the accident. It
be completed within 8 hours or it is not to be completed at all. If not completed within 2
hours, or not completed at all, the employees department director will report to the City
Manager that the testing was not completed, or was not completed in a timely manner
and the reasons it was not. This report will be forwarded to and filed in the Human
3. Employees (drivers) who are involved in vehicle accidents are not allowed to use
alcohol within 8 hours after the accident or until the EBT is completed, whichever is the
shorter period of time. Violation of this provision will result in disciplinary action up to,
and including, termination.
4. Drug (controlled substance) testing should be completed as soon as possible, but
not later than 32 hours after the accident. If not completed within 32 hours, the test will
not be conducted and the department director will report to the City Manager that the
testing was not completed and the reason it was not. The City Manager will forward this
report to the Human Resources Department for filing.
5. The immediate supervisor of the driver involved in an accident will be responsible for
insuring that post accident drug and alcohol testing is conducted as required by this
policy. If the driver is treated for injuries that occurred in the accident, the supervisor
may direct the facility treating the injuries to conduct the testing should the appropriate
equipment and qualified personnel be available. If not, the supervisor will escort or
direct the employee to the designated facility for the testing unless injuries prevent the
employee from undergoing the tests.
RETURN-TO-DUTY TESTING: An employee in a safety-sensitive position who has
a confirmed positive test for alcohol (concentration of 0.04 or above) or controlled
substances, if employment has not been terminated, will be evaluated by a Substance
Abuse Professional through the Citys Employee Assistance Program, must successfully
be complying with the SAPs recommended treatment program, and must undergo a
controlled substance test, an alcohol (EBT) test, or both, with negative results prior to
resuming duties as a driver. A driver who has been terminated may also be evaluated
by the SAP on a voluntary basis. A driver who has been suspended for 24 hours or
more (8 hours or more for other safety-sensitive positions) following an alcohol test
result in the 0.02 to 0.039 range will also be administered a return-to-duty test and must
record test results of less than 0.02.
SPECIFIC RULES FOR ALCOHOL TESTING:
1. A qualified Breath Alcohol Technician (BAT) operating an approved Evidential
Breath Testing (EBT) device must conduct the testing. If the initial test result reveals an
alcohol concentration of less than 0.02, the test is considered negative for alcohol. If
the concentration is 0.02 or above, a confirmation test will be conducted 20 minutes
after the initial test.
2. If the test result is confirmed to be between a concentration of 0.02 and 0.039, the
employee, if a driver, must be suspended from driving duties for at least 24 hours.
Other safety-sensitive employees must be suspended from safety-sensitive duties for
at least 8 hours. All safety-sensitive employee must record a negative result (below
0.02) on a return-to-duty test before being allowed to resume safety-sensitive duties.
3. If the test result is confirmed to be a concentration of alcohol
in excess of 0.04,
employees will be suspended from all safety-sensitive duties until they have been
evaluated by a Substance Abuse Professional (SAP), undergone any prescribed
treatment or rehabilitation, and recorded a negative result on return-to-duty testing.
Follow-up testing must be completed as prescribed by the SAP.
SUSPENSION OF EMPLOYEES FROM SAFETY-SENSITIVE DUTIES: Employees will
not be allowed to operate commercial vehicles or to perform other safety-sensitive
duties during the following periods:
1. From the time the employee is identified for reasonable suspicion testing until
confirmed test results are received by the Human Resources Director.
2. From the time of an accident that requires the driver to undergo post-accident
testing until confirmed test results are received by the Human Resources Director.
3. From the time the City is informed of a confirmed positive test result for an employee
from any type of testing until the employee records a negative test result on return-to-duty testing.
4. From time any employee refuses to test until appropriate disciplinary action is
Until test results are received by the City for reasonable suspicion or post-accident
testing, the employee may be temporarily transferred to duties not considered safety-sensitive or may
be suspended from duty with pay unless the actions of the employee
which gave rise to the testing were sufficient to warrant disciplinary action. Should test
results be negative for drugs or alcohol, the employee may immediately return to
performing safety-sensitive duties. Any situation where the employee has recorded a
confirmed positive test or has refused to test is cause for disciplinary action up to, and
including, termination of employment.
FOLLOW-UP (POST REHABILITATION) TESTING: For up to five years after the
positive test result for drugs or alcohol (concentration of 0.04 or above) or for up to
years after the employee returns to work after completing a treatment or rehabilitation
program, the employee is subject to random, unannounced drug and/ or alcohol testing
as scheduled by the SAP assigned to assist the employee. The first test must be
completed within the first 60 days after the employee returns to work and a minimum of
six must be completed during the first year.
ADDITIONAL RECORD KEEPING REQUIREMENTS: In addition to the record keeping
requirements contained in Section 1, the Human Resources Department will maintain
records of identified safety-sensitive employees, lists of such employees selected for
random testing, summaries of random testing test results, and copies of reports
concerning the testing programs provided to the Department of Transportation or other
entity for a period of five years.
REFERENCES: Oklahoma Standards for Workplace Drug and Alcohol Testing Act,
40, Okla. Statutes §§551 et seq.; The Federal Omnibus Transportation Employee
Testing Act of 1991, and Department of Transportation rules (49 CFR part 40); and
Chapter 17, Lawton City Code, 1995.
RECISION: This policy rescinds Administrative Policy 3-2 dated June 21, 1989
remain in effect until rescinded.
DEPARTMENT: Human Resources
January 15, 2000