Drug-Free_Workplace_&_Mandatory_Testing_Policy_1.14.25.pdf

Lakel1rn°cl

HUMAN RESOURCES

I. PURPOSE

Policy & Procedure

Department: Risk Management

& Human Resources

Title: Drug-Free Workplace &

Mandatory Testing Policy

Original: 10/1/1988

Revised :0 I /I /91 ; I I /12/92;

09/1/94; 08/1/99;

5/1/2000; 01/10/2001;

8/16/2011

Effective Date:

September 1, 2019

The City of Lakeland maintains a firm commitment to provide quality service to the citizens of the City and its customers. Maintenance of a drug-free work environment is a goal of the City of Lakeland, and therefore, it is a condition of employment that all employees shall refrain from taking illegal drugs or abusing legal substances. Those employees who are involved in the use or sale of controlled substances or illegal drugs, whether on or off the job, or who abuse alcohol, have an adverse impact on the City's ability to maintain a safe work environment and to provide the service expected by the City's citizens. Further, employees who are involved in on-the-job injuries or accidents may lose eligibility for medical and indemnity benefits if intoxication or other substance abuse is found.

The City is also committed to the following goals: 1) to rid the workplace of users of illegal drugs and abusers of legal drugs, 2) to encourage employees who have dependency problems to seek help, and 3) to provide a safe and secure environment for City employees, our customers, and the public.

Recognizing that there may be employees who have a drug or alcohol problem, the City is willing to assist in the resolution of that problem and encourages affected employees to seek help through the Employee Assistance Program (EAP).

II. DEFINITION

1. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens;

methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite (by-product) of any of the substances listed herein; or a "chemical substance", as defined below. §440.102 Fla. Stat.

2. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites.

3. "Chemical substance" means any substance which is a prescription drug, a substance set forth in Section 877.111, Florida Statues, or a controlled substance under Chapter 893, Florida Statutes.

Page I of8

4. "Mandatory-Testing Position" Section §440.102(1 )(o) Florida Statutes means, with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to Section 110.1127, Florida Statutes or a job assignment in which a momentary lapse in attention could result in injury or death to another person." Also included are those employees whose job requires a Commercial Driver's License (CDL) or a Gas Pipeline License.

5. "On duty" means an employee's scheduled or standby working hours. Excluded are special or optional events or activities which the employee may attend in an official or unofficial capacity.

6. "On City property" means all City property, including the workplace and all areas which are generally open to the public; however, it is not the intention of this policy to prohibit the responsible consumption of alcohol at social or private events on City property where alcoholic beverages are being served and which an employee is attending in a social or private capacity.

7. "Reasonable-suspicion drug testing" Section 440.102(1 )(n), means drug testing based on a belief that an employee is using or has used drugs in violation of the City's policy drawn from specific objective, and articulable facts and reasonable inferences drawn from those facts in light of experience.

8. "Special-risk" means employees who are required as a condition of employment to be certified under Chapter 633 (Fire Prevention and Control) or Chapter 943 (Dept., of Law Enforcement).

9. "Termination of employment" means dismissal from employment.

Ill. POLICY

It is the policy of the City of Lakeland to maintain a drug-free workplace. The City recognizes that drug and alcohol addiction exists and offers rehabilitation services. Employees who voluntarily inform the proper City officials of a drug/alcohol dependency, prior to notice of a drug/alcohol test or the occurrence of an incident which might warrant a drug/alcohol test, will be referred to the City's Employee Assistance Program (hereinafter referred to as EAP) for treatment.

1. All employees are to refrain from taking illegal drugs or abusing legal substances.

Employees found to be using or selling illegal drugs, on or off the job, will be subject to disciplinary action, up to and including termination. Any employee found to be using or having a controlled substance (as defined by Florida Statutes) while on City property, in his or her possession, City vehicle, locker or personal area of the workplace, or body, shall be subject to termination of employment.

Possession of illegal drugs on City property may result in criminal prosecution. The Police Department may be requested to apply for search warrants for the purpose of determining the presence of controlled substances, if probable cause exists, and may otherwise conduct warrantless searches when circumstances so justify. The City also reserves the right to use narcotic detection dogs to identify the location of controlled substances.

Employees are to refrain from abusing alcoholic beverages or legal drugs. Employees shall not consume or possess or be under the influence of alcoholic beverages while on duty and/or on City property; including City vehicle, locker, or personal area of the workplace. Any employee suspected of being under the influence of alcohol shall be tested; and, if found to be under the influence, according to Florida Statute 316.193, such employee shall be subject to disciplinary action, up to and including termination of employment. Likewise, any employee who, while on duty, is suspected of being under the influence of a non-prescription chemical substance, or a prescribed chemical substance which the employee has not reported in writing, shall be tested and, if it is determined that the substance has impaired the employee's normal faculties, such employee may be subject to disciplinary action, up to and including termination.

2. The City of Lakeland does not make exceptions for legally prescribed Medical Marijuana for statutorily required Mandatory-Testing and Special Risk Positions that are subject to Random and/or periodic Drug Testing. The use of legally prescribed drugs during or prior to work that could have a sedative or narcotic effect that could endanger the safety of anyone (as defined under "Drug") the employee must provide written documentation to HR, in advance, to determine if: i) employee is unable to perform the essential functions of the job, ii) employee's job performance will be impaired, or iii) pose a safety risk to the public, or fellow employees. If job performance will be impaired, the employee may be eligible for FMLA or a Leave of Absence, or potentially an administrative reassignment.

3. Any employee who may be undergoing medically prescribed treatment which may limit or impair his or her ability to perform on the job, must report this treatment to Human Resources prior to beginning work. A failure to report such treatment may result in disciplinary action.

The City reserves the Right to conduct a fitness for duty physical, to include drug testing on employees in Mandatory-Testing or Special Risk positions who are absent from work for a period of 6 months or more.

4. Termination of employment shall be recommended for employees who refuse to be tested or who test positive for illegal drugs. A confirming test shall be performed prior to any disciplinary action.

Required Drug Testing

Pre-Employment Drug testing will be performed by a certified provider as determined by the City. All employment offers including promotional offers and transfers to a mandatory-testing or special-risk position will be contingent on passing the relevant drug tests. Job Postings will notify candidates of this requirement. Any individual under the age of eighteen (18) will need parental consent.

Page3of8

Post-Employment

1. Random Drug Testing: Federal and State Statutes and/or City policy require drug testing for certain positions ("mandatory testing," "special-risk," FAA, CDL, Gas Pipeline, etc.). Employees whose positions are mandated will be informed and shall be required to take the necessary periodic or random drug tests.

o 49 CFR 382.305(K)(2) requires:

"Each employer shall ensure that the dates for administering random alcohol and controlled substances tests conducted . . . are spread reasonably throughout the calendar year."

o A cumulative total of at least fifty (50%) percent or as required by law of the employees in mandatory and special-risk positions will be randomly tested throughout the calendar year.

o Twenty-five (25%) percent of CDL and employees who are handling or making decisions on gas transmission lines will experience random, mandatory drug testing as required by Federal Statutes. This percentage may change based upon national statistical results.

o Employees testing positive for legal substance abuse may be referred to the City's EAP for counseling and/or enrollment in an appropriate alcohol or drug rehabilitation program. Termination is a final outcome if the problem is not remedied.

o Employees will be responsible for any cost incurred beyond the three (3) initial visits required to complete the program.

o Follow-Up Testing: Upon completion of the program, the City shall require medical substantiation regarding fitness for duty and resolution of the drug use or dependency. Employees shall be required to submit to a random drug test as a follow-up to such program on a quarterly, semi-annual, or annual basis for up to two (2) years thereafter. Only one (1) mandatory referral to the EAP within a twelve (12) month period for drug or alcohol abuse will be permitted.

o An employee who fails to complete or otherwise comply with the program or who resumes use of said substances within twenty-four (24) months after returning to work shall be recommended for termination. Persons who are undergoing rehabilitation and treatment may or may not be maintained in their present positions, and a leave of absence may be necessary if no other alternative position is available to them.

If a positive result is received, employee will be subject to disciplinary action, up to and including termination.

2. Reasonable suspicion §440.102(4)(0), Fla. Stat.: The City may order drug testing based on "reasonable suspicion." The employee must be provided with a written statement detailing the basis and circumstances for the suspicion within a reasonable time upon request. However, providing the statement is not a condition precedent to the

Page 4 of8 ordering of such tests. In determining reasonable suspicion, the City can take into account, among other things:

(a) Observable phenomena while at work such as direct observation of drug/alcohol use or physical indication of being under the influence of drugs or alcohol.

(b) Abnormal conduct or erratic behavior while at work or a significant deterioration in job performance.

(c) A report of drug use or alcohol abuse provided by a reliable and credible source.

(d) Evidence that an employee has tampered with or attempted to tamper with a drug test.

(e) Evidence that an employee has used, possessed, sold, or solicited drugs while working or while on City property or while operating a City vehicle, machinery or equipment.

(f) Information that an employee has caused, or contributed to, an accident while at work.

In the event that an employee is tested under reasonable suspicion criteria, the employee shall be relieved of their duties until the results are received. During this time, the employee will be placed on paid Administrative Leave. Upon receipt of a negative test, the employee would be reinstated. Employees mandated for testing under reasonable suspicion provision who are found to be using illegal drugs shall be recommended for termination if they test positive.

While on duty, any employee suspected of being under the influence of alcohol (Florida Statute 316.193) or drugs, or abusing legally prescribed substances shall be tested and if found to be under the influence of alcohol, or impaired by drugs (non-prescription or prescription) that was not reported in writing, if it is determined that the substance has impaired the employee's normal faculties, such employee may be subject to disciplinary action, up to and including termination.

Original documentation of reasonable suspicion will be kept confidential and retained by the City of Lakeland in the Occupational Health area of the Risk Management Office.

Records of the drug test will be kept for a period of five (5) years.

Post-Accident Drug Testing All employees, including those with a Commercial Driver License, as required by Federal Statutes, shall be drug tested after any on-the-job vehicular accident for which the employee is charged with a moving violation and/or based on the severity of the accident.

Employees, who receive driving stipends, shall be drug and alcohol tested if, while in the course and scope of duty, they are involved in a vehicular accident which results in either a moving violation, or a personal injury requiring medical attention away from the scene, or under reasonable suspicion.

If an injured employee refuses to submit to a test for Drugs or alcohol, the employee may forfeit eligibility for medical and indemnity benefits.

Post-accident testing: The employee may report to regular or alternate duties. If a positive result is received, the employee would be subject to disciplinary action, up to and including termination.

Authority to require Drug Test

In all instances, Departments heads and their designees shall, at his or her discretion, have the responsibility to require a drug test. Additionally, the Risk Manager or his/her designee shall also have the discretion to require a drug test when on-the-job injuries or accidents occur.

Workers' Compensation benefits shall be denied if alcohol or illegal drug use is involved in an on-the job injury and may be denied in the event of other chemical substance abuse, as authorized by Florida Statute, Chapter 440, Workers' Compensation Act.

Refusal to submit to a test for non-prescription controlled substances or alcohol in the absence of clear and convincing evidence to the contrary shall be presumed to be an admission that the injury or accident was caused primarily by the influence of intoxication or drug abuse and the employee will be recommended for termination. This provision applies to all City of Lakeland employees.

Testing Procedures

(a) Drug testing will be performed by a certified provider as determined by the City.

(b) The department shall inform an employee in writing of a positive drug test within five

(5) working days after receipt of a positive confirmed test from the testing laboratory.

(c) Employees testing positive who wish to refute or challenge their test results shall have the option of requesting a more extensive or confirming test to clarify the results of the initial screening within five (5) working days of written notification of a positive drug test at his/her own expense. The City will pay the cost of all drug tests, initial and confirmation which it requires of employees. Employees shall pay the costs of any additional drug tests not required by the City of Lakeland.

Voluntary Request for Assistance and Rehabilitation

Employees may request referral to the City's EAP for counseling and/or enrollment in an appropriate alcohol or drug rehabilitation program; provided, such voluntary referral request is made before the City requests a drug/alcohol test or the occurrence of an incident, which might mandate a drug/alcohol test. Once an employee has tested positive for illegal drug use or is directed to take a drug/alcohol test; it is too late to seek a referral to EAP.

Employees will not be subject to termination while complying with the rehabilitation program for the precipitating drug or alcohol abuse. However, this does not limit the City's right to discipline an employee for other separate offenses.

During rehabilitation, the employees may not be allowed to continue in their normal job classification if there is a danger to the employee, other employees, or the general public. Efforts may be made to find an alternate duty assignment; however, employees may be required to use accrued leave time if available or Unpaid Leave of absence until they are fit to perform in their job classification if no alternative duty assignment is available.

Page 6 of8

Rehabi I itation

Employees testing positive for legal substance abuse may be referred to the City's EAP for counseling and/or enrollment in an appropriate alcohol or drug rehabilitation program.

Employees will be responsible to any cost incurred beyond the three (3) initial visits required to complete the program, or as negotiated by City benefits. Upon completion of the program, the City shall require medical substantiation regarding fitness for duty and resolution of the drug use or dependency. Employees shall be required to submit to a drug test as a follow-up to such program on a quarterly, semi-annual, or annual basis for up to two (2) years thereafter.

Only one ( 1) mandatory referral to the EAP within a twelve ( 12) month period for drug or alcohol abuse will be permitted. An employee who fails to complete or otherwise comply with the program or who resumes use of legal substance/prescription(s) within twenty-four (24) months after returning to work shall be terminated.

Employees will be responsible for the cost of all follow-up drug tests.

Confidentiality

(a) All information, inteNiews, reports, statements, memoranda, and drug test results, written or otherwise, received by the City of Lakeland through a drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with Section 112.0455, or in determining compensability under Section 440, Florida Statute.

However, it is not a breach of confidentiality to notify the Unemployment Compensation adjudicator the employee was terminated for a positive drug test.

(b) The City requires all contract employers, laboratories, employee assistance programs, drug and alcohol rehabilitation programs, and their agents who receive or have access to information concerning drug test results of City employees to keep all such information confidential unless voluntarily released by the person tested or by court order.

(c) The City of Lakeland shall establish and maintain procedures relating to drug testing which comply, to the extent applicable, with the Florida Drug Free Workplace Act and the Worker's Compensation Act. Such procedures may be reviewed at the Risk Management and Human Resources Departments.

{d) REFERENCES

§ 112.0455, § 110.1127, Florida Statutes § 440.102 Drug-free workplace program requirements U.S. Code of Federal Regulations (CFR), Federal Motor Carrier Safety Administration (FMCSA), 49 CFR 382.305(K)(2). Chapter 633 and 943, Florida Statutes An Employer's Guide to A Drug-Free Workplace, State of Florida, Revised April 2005

Page 7 of8

Reviewed by:

� Employment Counsel HR Mana er of Polic and Labor Relations

Page 8 of8