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Provisional Employee Drug Free Workplace Policy Page 1 of 4 CITY OF LARAMIE Policy Title: Provisional Employee Drug Free Workplace Policy Policy Number: 2017-01 Page 1 of 3 Policy Type: Administrative Regulation I. SCOPE: This policy outlines the City of Laramie’s Provisional Employee policy on establishing and maintaining a drug free workplace and applies to all departments provisional employees. II. POLICY: The City of Laramie is committed to maintaining a drug free work environment. In order to ensure the integrity of the City of Laramie, and to preserve public trust and confidence, the City shall conduct pre-employment drug testing and reasonable suspicion testing to detect prohibited drug use by its provisional employees. III. PRE-EMPLOYMENT TESTING After a conditional offer of employment and before an employee is hired or rehired, each provisional candidate shall be tested for controlled substances through a rapid 5 panel test. A provisional employee who has not worked for 90 days must be retested prior to returning to employment. A conditional offer may be withdrawn if the test verifies a positive result. IV. REASONABLE SUSPICION TESTING Reasonable suspicion means that quantity of proof or evidence which is more than a hunch, but less than probable cause. Reasonable suspicion must be based upon specific, objective facts and any rationally derived inferences from those facts about the conduct of an individual which would lead a reasonable person to suspect that an individual is or has been using drugs while on or off duty, or is under the influence of, or in possession of drugs or alcohol while on duty. Reasonable suspicion must be based on specific articulable observations concerning the appearance, behavior, speech or body odors of the employee. a. A supervisor may require an employee to submit to an alcohol and/or drug test when the supervisor has reasonable suspicion to believe the employee has violated this rule. b. Supervisors will be trained to recognize specific behavior and other characteristics that determine reasonable suspicion. The supervisor shall not conduct the tests. The City Manager Effective date: June 1, 2017 Responsible Staff: All Staff Approval Authority: Human Resources Director Policy Contact: Human Resources Office [PHONE REDACTED] Next Revision Date: July 1, 2018 ---PAGE BREAK--- Provisional Employee Drug Free Workplace Policy Page 2 of 4 or Human Resources (or, in the absence, the City Manager’s designee) shall determine whether to proceed with testing. If the employee is to be tested, Human Resources or other designee shall arrange for immediate testing. The employee will be escorted to the test location. c. Alcohol and/or drug testing is authorized only if the observations are made during, just preceding, or just after the period of the work day that the employee is required to be in compliance with this policy. d. The supervisor shall not permit an employee to continue work related duties if there is reasonable suspicion that the employee is under the influence of alcohol or drugs. e. If a test required under this subsection is not administered within two hours of the determination of its necessity, the supervisor making the determination shall prepare a record stating the reasons the test was not administered. If a required alcohol test is not administered within eight hours, or if a required controlled substance test it not administered within thirty-two hours of the determination of its necessity, attempts to administer the test shall be abandoned and the supervisor making the determination shall prepare a record stating the reason(s) the test was not administered. Copies of the records required by this paragraph shall be supplied by the supervisor to the City Manager or designee as soon as practicable. f. The supervisor shall make a signed written record of the observations leading to an alcohol and/or drug reasonable suspicion test(s). The record shall include the observations and indications. The record shall be made within twenty-four hours of the incident, or before the results of the alcohol and/or drug test(s) are released, whichever is earlier. g. A positive drug and/or alcohol test shall be cause of immediate disciplinary action, up to and including termination. It is a violation of this policy for any provisional employee to possess, use, sell, trade, or offer for sale drugs, or otherwise engage in the use of drugs or alcohol, while on City property or while on duty. It is a violation of this policy for any provisional employee to report to work under the influence of alcohol and/or drugs. It is a violation of this policy for a provisional employee to use prescription or over-the-counter medications illegally. It is not a violation of our policy for a provisional employee to use legally prescribed medications or over-the counter medications while on duty. It is the responsibility of the provisional employee to inform his or her supervisor if the employee believes the medication may impair his or her ability to properly perform the required duties. It is the provisional employee’s responsibility to consult his or her doctor regarding the nature of his or her duties and the interaction with the prescribed medication. ---PAGE BREAK--- Provisional Employee Drug Free Workplace Policy Page 3 of 4 It is the responsibility of all employees to immediately report any suspicious behavior or signs of alcohol/drug use by any employee to their supervisor or other member of management. If a supervisor or manager has a reasonable suspicion that a provisional employee is under the influence of alcohol or drugs on the basis of observations and interactions concerning the appearance, behavior, speech, or body odors of the employee, that employee is subject to a reasonable suspicion test. V. Related Policies / References: City of Laramie Handbook Drug and Alcohol Policy – Serious Incident Testing Drug and Alcohol Policy for Commercial Drivers Licensed Employees LPD/LFD Drug/Alcohol Testing Rule ---PAGE BREAK--- Provisional Employee Drug Free Workplace Policy Page 4 of 4 EMPLOYEE ACKNOWLEDGEMENT I have received and read the Provisional Employee Drug Free Workplace Policy, I understand its content and meaning, and agree to abide by it. Signature Printed Name Title Date