The City is a drug-free workplace and complies with Florida Statutes Ch.440.102, Drug Free Workplace Program Requirements as well as the Code of Federal Regulations – Title 49, Part 40, Transportation Workplace Drug and Alcohol Testing Programs.

Employees are not permitted to report to work under the influence of illegal drugs or alcohol; use illegal drugs or alcohol while on the job; or purchase, possess, distribute, manufacture, or sell illegal drugs or alcohol at the workplace or while on duty. Employees are to refrain from reporting to work impaired or under the influence of any intoxicants (even legally prescribed controlled substances and over-the-counter medications) that may adversely impact their ability to safely or effectively do their job. Employees using an over the counter and/or drug lawfully prescribed by a physician that has the potential to risk impairing an individual’s job performance are encouraged to raise this concern with his or her treating physician or health care provider and/or the Health, Education and Wellness Coordinator in order to evaluate the employee’s ability to perform safely while at work. The use of a lawfully prescribed medication or over-the-counter medication that results in observed impairment while at work may result in progressive disciplinary action. Therefore, employees should not report to work or remain on duty if adversely affected by a prescription or over-the-counter medication, nor operate City vehicles/equipment, if the medication taken has a warning label cautioning against it.

Any employee who is required to possess a Commercial Driver License (CDL) will be subject to drug and alcohol testing in accordance with the Code of Federal Regulations – Title 49, Part 40 Transportation Workplace Drug and Alcohol Testing Programs.

The City recognizes that employees may unintentionally develop a dependency on alcohol, drugs, or controlled substances. Employees who have concerns regarding drug, alcohol or controlled substance dependency are encouraged to contact the Employee Assistance Program (EAP) or the Health, Education and Wellness Coordinator in Human Resources to seek assistance. Employees who voluntarily self-report before being involved in a related disciplinary incident at work will be provided the opportunity for rehabilitation and may be eligible for leave under the Family/Medical Leave Act (FMLA) to undergo treatment for substance abuse. However, while working, they remain subject to reasonable suspicion drug and alcohol testing procedures, as is the case with any employee who shows signs of impairment while at work. All records related to the self-reporting of drug, alcohol or controlled substance dependency will remain confidential. 

Types of drug and alcohol testing:

Pre-Employment Testing - All job applicants recommended for hire to a safety sensitive, special risk or mandatory-testing position with the City are required to submit to pre-employment drug testing. Applicants with a confirmed positive test result will be ineligible for hire.

Post-Employment Testing - Employees of the City will be subject to the following drug and alcohol testing in accordance with applicable laws and regulations:

Reasonable Suspicion Testing - An employee will be required to submit to a drug and/or alcohol test upon reasonable suspicion that the employee has reported for duty or is on duty under the influence.

Observed behaviors that may create cause for reasonable suspicion testing include but are not limited to one or more of:

• Excessive absenteeism or chronic lateness
• Drowsiness or lethargy
• Smell of alcohol on the breath or person
• Slurred or incoherent speech
• Unusually aggressive behavior
• Unexplained change in mood
• Lack of manual dexterity
• Lack of coordination
• Involvement in a work related accident or injury which cause appears to have been due to the employee’s actions, failure to act, or negligence.
• Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the City’s premises or while operating the City’s vehicle, machinery, or equipment.

A member of management and at least one additional person must generally witness and confirm that the employee appears to be impaired at work, agree that an accident or incident may be due to the impairment of an employee, or affirm that the behavior of the employee may lead a reasonable person to believe the employee may be under the influence of drugs and/or alcohol. The employee should not be allowed to operate any equipment or drive a vehicle during this time. Circumstances for reasonable suspicion shall be documented in writing and provided to the employee upon request. The original will be maintained confidentially in the employee’s medical file.

If impairment is suspected and confirmed by witnesses as stated above, the Department Director or designee must generally be notified immediately and will typically be responsible for determining if testing is warranted. If testing is approved, the Department Director or designee will contact the Health, Education and Wellness Coordinator, or if unavailable, the Director of Human Resources, to arrange for testing. For after-hours testing, the Department Director or designee should contact the Health, Education and Wellness Coordinator directly to coordinate arrangements for testing.

Following the reasonable suspicion testing process, the Health, Education and Wellness Coordinator will schedule an appointment with the EAP and explain to the employee that he will be placed on sick leave, vacation leave, or leave without pay until the results of the test are received. The employee will also be required to return City keys to equipment or buildings. This process will be handled in a confidential manner. A supervisor or designee will take the employee home.

Supervisors are not responsible and should not attempt to provide counseling to employees. Counseling is available through the EAP. 

The City’s EAP provider information can be obtained by contacting Human Resources or visiting the employee benefit website.

A list of local drug and alcohol rehabilitation programs and substance abuse professionals is available through the City’s EAP provider.

Routine fitness for duty drug testing - The City may perform routine drug testing in compliance with a collective bargaining agreements.

Post-accident drug and alcohol testing - Testing will be conducted if the accident involves a fatality, an injury treated away from the scene, a towed vehicle, and/or the employee as driver is cited for a moving violation.

Random CDL drug and alcohol testing - Any employee who is required to possess a CDL will be subject to drug and alcohol testing in accordance with the Code of Federal Regulations – Title 49, Part 40 Transportation Workplace Drug and Alcohol Testing Programs. The federal guidelines state that 25% of affected employees will be randomly tested for alcohol and 50% will be randomly tested for drugs on a quarterly basis. 

Follow-up drug and alcohol testing - After a positive drug and/or alcohol test, and following the completion of a rehabilitation program, employees will be randomly tested in accordance with the recommendations of the EAP/Substance Abuse Professional. The Health, Education and Wellness Coordinator will coordinate follow up drug and alcohol testing. 

Substance Information - The following is a list of all drugs (described by brand name, common name and/or chemical name) for which the City may test: 

• Alcohol (booze, wine, liquor, drink) 
• Amphetamines (Binhetamine, Desoxyn, Dexedrine) 
• Cannabinoids (marijuana, hashish, hash, hash oil, pot, joint, roach, spleaf, grass, weed, reefer) 
• Cocaine (coke, blow, nose candy, snow, flake, crack) 
• Phencyclidine (PCP, angel dust, hog) 
• Methaqualone (714s, quaaludes, ludes, sporos) 
• Opiates (opium, dover's powder, paregoric, parepectolin) 
• Barbiturates (Phenobarbital, Tuinal, Amytal)
• Benzodiazophines (Ativan, Azene, Clonopin, dalmane, Diazepam, Halcion, Librium, Poxipam, Restoril,
• Serax, Tranxene, Valium, Vertron, Xanax) 
• Methadone (Dolphine, Metadose) 
• Propoxyphene (Darvocet, Darvon N, Dolene)

Over-the-counter or prescription drugs which could alter or affect the outcome of a drug test - The following list contains the most common drugs/medications by brand name, common name, or chemical name which may alter or affect the outcome of a drug test. All or some of these drugs may be tested for under the employer's drug testing policy. The Agency for Health Care Administration list of common drugs/medications are:

Alcohol: All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contac Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof).

• Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Ionamine, Fastine 
• Cannabinoinds: Marinol (Dronabinol, THC)
• Cocaine: Cocaine HCI topical solution (Roxanne)
• Phencyclidine: Not legal by prescription
• Methaqualone: Not legal by prescription
• Opiates: Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Emprin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, dilaudid (Hydromorphone), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, Tussi-organidin, etc.
• Barbiturates: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Florinal, Floricet, Esgic, Butisol, Mebaral, Butabital, Butabarbital, Phrenilin, Trian, etc.
• Benzodiazepines: Ativan, Axene, Clonopin, dalmane, Diazepam, Librium, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc.
• Methadone: Dolphine, Metadose
• Propoxphene: Darvocet, Darvon N, Dolene, etc.

(Several of the above drugs have nicknames and trade names other than what is mentioned. If in doubt about a drug, please ask a medical professional. Due to the large number of obscure brand names and constant marketing of new products, this list cannot and is not intended to be all-inclusive.)

Administration of testing - Testing of samples will be performed by an independent laboratory contracted by the City. An appropriate chain of custody will be established and maintained to ensure the accuracy of test results. 

While awaiting the results of the test, the employee will be removed from active duty and placed on either sick leave, vacation leave, or leave without pay and the employee will be required to return City keys and access cards to equipment or buildings or other City property to his supervisor or manager. 

A positive test result for drugs will be determined by the contracted laboratory in accordance with applicable standards. A positive test result for alcohol is defined as a level of .04 g/dl or above on the second reading.

An employee holding a CDL license with an alcohol test resulting between .02 g/dl and .04 g/dl on the second reading shall be relieved from work for a 24 hour period using his own leave consistent with 49 CFR 40.23(c). Upon returning to work following the 24 hour leave period, the CDL license employee shall be retested. If the employee registers a result of .02 g/dl or above on this test, the employee shall immediately be referred by the Health, Education and Wellness Coordinator to representatives of the City's EAP and follow the same guidelines as set forth for a positive result as outlined below. 

An employee who has a positive test result will be removed from active duty and will be placed on either sick leave, vacation leave, or approved leave without pay if sufficient leave is not available. Claims of CBD or medical marijuana use shall never be an acceptable excuse or basis for negating or discarding a positive cannabinoid or THC test. 

Following a positive test result, the employee has the right to request that a portion of the sample be provided to a laboratory of his choice for an independent confirmatory test. The costs of the independent test will be paid by the employee, except when it is determined that the results of the City's test were in error.

In the event that the sample produces different results from the City’s contracted laboratory and the employee’s chosen laboratory, a third confirmation will be obtained by another independent laboratory mutually agreed to by the City and the employee. The cost of the third independent test will be paid by the employee except when it can be shown that the results of the test from the laboratory contracted by the City were in error.

All applicants or employees tested under this section have the right to consult with a medical review officer for technical information regarding prescription or non-prescriptions. 

Based on the severity of the situation, when circumstances warrant, the Department Director reserves the right to impose appropriate disciplinary action up to and including dismissal from employment. If dismissal is not imposed, the employee will participate in an interview with the Division Manager and/or Department Director and the Health, Education and Wellness Coordinator, and shall immediately be referred by the Health, Education and Wellness Coordinator to representatives of the City's EAP. Failure to successfully complete the actions recommended by the EAP will be cause for dismissal from employment. Rehabilitation costs will be the responsibility of the employee. The employee shall not return to work until he has successfully completed a rehabilitation program and been released to return to work. 

Once the Substance Abuse Professional/EAP Counselor releases an employee to work, the Health, Education and Wellness Coordinator will coordinate an appropriate drug and/or alcohol test. The employee is permitted to return to work following a negative test result. As a condition of employment, the EAP will require the employee sign a return to work agreement. All records regarding this agreement will be kept in a medical file and will remain confidential. They are not a part of the employee’s personnel file. If the employee fails to fulfill the agreement, this will be cause for dismissal from employment.

Those employees who successfully complete a rehabilitation program will be randomly tested upon completing the program in accordance with the recommendations of the EAP/Substance Abuse Professional. 

Testing positive for drugs or alcohol for a second time at any time after treatment shall be grounds for dismissal. Testing positive for drugs or alcohol for a second time while undergoing treatment may be grounds for dismissal as determined by the Department Director and agreement from Human Resources based on the circumstances of the second positive test. 

Exception: Any employee who is a certified Police Officer through the State of Florida Police Standards and Training Commission will comply and be held accountable to the Florida Department of Law Enforcement’s “Zero Tolerance Substance Abuse Policy”.

Administration of random CDL drug and alcohol testing - The same process shall be followed as established for reasonable suspicion testing for a positive drug and alcohol test and the process for handling an employee with an alcohol level between .02 g/dl and .04 g/dl. A positive test will result in an interview with the Division Manager and/or Department Director and the Health, Education and Wellness Coordinator. The employee shall immediately be referred by the Health, Education and Wellness Coordinator to representatives of the City's EAP. The employee shall be required to complete any actions, including completion of a recognized rehabilitation program, as may be recommended by the EAP. Failure to successfully complete the actions recommended by the EAP will be cause for dismissal from employment.

Rehabilitation costs will be the responsibility of the employee consistent with the provisions of reasonable suspicion testing.

Routine fitness for duty and follow up drug and alcohol testing will be performed in accordance with applicable regulations.

Refusals to test:

Applicants recommended for hire to a safety sensitive, special risk, or mandatory-testing position will be subject to a drug test (urinalysis) to screen for the presence of drugs or illegal controlled substances. No applicant will be permitted to begin work until a confirmed negative result has been received. Applicants who test positive will be ineligible for hire. If an applicant refuses to submit to a drug test, the applicant will be ineligible for hire. 

Employees who refuse to submit to a drug or alcohol test conducted under this policy will be subject to dismissal from employment. The following will constitute refusal:

• Failure to provide adequate breath or urine without a valid medical explanation from a medical physician.
• Engaging in any conduct that clearly obstructs the testing process.
• Refusal to sign the appropriate forms.
• Verbal/written refusal to consent to the testing.

Right to contest test results:

An applicant or employee who receives a confirmed positive test result may contest or explain the results to the medical review officer within 5 working days after receiving written notification of the test result. For CDL tests, the employee has 72 hours after receiving notification from the medical review officer to contest the results. 

If the employee’s or job applicant’s explanation of the challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the City. An employee or job applicant may contest the drug test result pursuant to law or to rules adopted by the Agency for Health Care Administration or the Code of Federal Regulations for CDL drug and alcohol testing, or the applicable collective bargaining agreement. 

Notice of a positive test:

Within five (5) working days after receiving notice of a confirmed positive test result from the medical review officer, the City will inform the employee or job applicant in writing of the positive results, the consequences of the results, and the options available to the employee or job applicant. Upon request, a copy of the test results will be provided. The employee or applicant may submit information to the City within five (5) days of receiving the notice from the City explaining or contesting the test results and why he or she believes the result does not constitute a violation of the City’s policy. If the explanation or challenge is unsatisfactory to the City, a written explanation as to why the explanation is unsatisfactory will be provided and will be kept confidential by the City.

Any applicant or employee pursuing administrative or civil action pursuant to this section has the responsibility of notifying the testing laboratory. Employees covered by collective bargaining agreements have a right to appeal as established by the Public Employees Relations Commission or applicable court.

General Provisions:

Confidentiality - Except as otherwise provided by applicable laws or regulations, all information, interviews, reports, statements memoranda, and drug test results, written or otherwise, received or produced as a result of a drug-testing program are confidential unless the employee or job applicant authorizes the release by written consent.

Conviction of a Drug Related Crime - Any City employee who is convicted of any drug crime is required to notify their Department Director or Human Resources within 48 hours after such conviction. The employee will be subject to disciplinary action, up to and including dismissal from employment.

Consequences of Failing to Comply with This Policy - As a condition of continued employment, all City employees will abide by the terms of this Policy statement.

Employees who refuse to comply with any provision of this Policy by refusing to be tested, attempting to manipulate the outcome of the test, or not being available for testing within the appropriate time limits as determined by the professionals conducting the test shall be subject to disciplinary action up to and including dismissal from employment.