3.02.03 Alcohol, Drugs and Illegal Substances

1.2 The possession or use of illegal substances or the abuse/misuse of alcohol or drugs in the workplace jeopardizes the safety of Salt Lake City Corporation employees and the public, reduces productivity, impairs employee health, causes high absenteeism, increases the incidents of accidents and injuries, decreases employee morale, and unnecessarily increases medical costs.

1.3 The City recognizes that alcohol and drug abuse/misuse can often be successfully treated, enabling an employee to return to a satisfactory job performance level.

1.4 It is the employee’s responsibility to seek appropriate treatment for alcohol and drug abuse or misuse and to demonstrate satisfactory job performance.

2.1 Abuse/Misuse. Abuse includes reporting to work or working while impaired by alcohol or any other drug(s); having a chemical dependence on alcohol or drugs, where job performance or the safety of the employee or others is adversely affected; or using illegal substances. Misuse is the improper use of a validly prescribed medication or the improper use of a non-prescription drug or psychotropic chemical, where job performance or the safety of the employee or others is adversely affected.

2.2 Accident. Any occurrence or incident involving an employee at work, or an employee operating City equipment, or an employee on City property, when the occurrence or incident results in injury to the employee or others, or results in damage to property.

2.3 Alcohol. Any beverage, mixture, or preparation, including any medication, containing alcohol.

2.4 City’s designated representative. The City’s Human Resource Director or designee.

2.5 Commercial Drivers License (CDL) driver. Any employee who regularly operates a commercial motor vehicle as a requirement of his or her job, including but not limited to part-time, full-time, casual, intermittent, or occasional employed operators.

2.6 CDL operations. As defined by federal regulation, safety-sensitive functions performed by CDL drivers, including, but not limited to: any time a CDL driver is waiting to be dispatched to perform duties herein; all time spent by a CDL driver in inspecting, servicing, or conditioning City equipment; all time spent by a CDL driver at the driving controls of a commercial motor vehicle; all time spent by a CDL driver in or upon a commercial motor vehicle, except time spent resting in a sleeper berth; all time spent by a CDL driver loading or unloading, attending a vehicle being unloaded or loaded, remaining in readiness to operate a vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and all time spent by a CDL driver repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

2.7 Controlled substances. Substances whose sale is controlled by federal or state law, including prescription medication and alcohol.

2.8 Drugs. A chemical substance defined as a “drug” under Utah law, including but not limited to: chemical substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and chemical substances, other than food, intended to affect the structure or function of man or other animals.

2.9 Employee. Any person in a paid, non-elected status with Salt Lake City Corporation, including officers and regular full-time, regular part-time, part-time, seasonal, exempt, non-exempt, appointed, at-will, probationary, civil service, merit, career service, telecommuting employees.

2.10 Employee Assistance Program (EAP). The City’s officially designated employee referral and counseling program.

2.11 Illegal Substances. Chemical substances whose possession, use, consumption, or distribution is prohibited under federal or state law. For Salt Lake City Corporation, this term includes, but is not limited to: cocaine and its derivatives, heroin, natural and synthetic hallucinogens, PCP, methamphetamine, and marijuana.

2.12 Medical Review Officer (MRO). A Medical Review Officer is a certified, independent physician that confirms the accuracy of a positive drug screen.

2.13 Sample. Any bodily substance or fluid drawn or used to conduct a medical examination or medical testing procedure(s), including, but not limited to urine, blood, or breath.

2.14 Substance abuse professional. A certified health professional who determines what assistance the employee needs in resolving problems associated with alcohol or drug abuse /misuse.

3.1 City employees shall not engage in the unauthorized or unlawful manufacture, distribution, dispensing, possession, or use of an illegal substance or alcohol in City facilities, on City property, in any City vehicle, or while on City business.

3.2 City employees are prohibited from abusing or misusing drugs or alcohol in City facilities, on City property, in any City vehicle, or while on City business.

3.3 City employees shall not attempt to alter, substitute, in any way tamper with a specimen, or otherwise interfere with drug or alcohol testing procedures.

3.4 City employees shall not violate the confidentiality of communications regarding employee test results, as specified in this Policy.

3.5 CDL drivers shall not operate a City vehicle on duty within a minimum of four (4) hours after using alcohol.

4. Required Notification of Criminal Conviction or Driver’s License Revocation or Suspension and Certification Requirements

4.1 City employees who are convicted of any crime involving drugs or alcohol in the workplace shall notify the Director of Human Resources Management within five (5) working days of a court’s decision.

4.2 Any employee whose job duties require a valid state driver’s license shall notify their supervisor when the state revokes or suspends the employee’s driver’s license for any reason.

4.3 It is the employee’s responsibility to maintain their minimum job qualifications as noted in their job description.

4.4 Time spent during the employee’s regularly scheduled shift to obtain/maintain required Commercial Drivers License (CDL) will be considered time worked. Testing outside of the employee’s regularly scheduled shift will not be considered time worked.

4.5 The medical examination required for a City employee to receive a CDL license must be obtained through the City’s occupational health provider at the contracted rate. Any special referrals for other medical examinations by providers other than the occupational health provider will be the employee’s responsibility – no reimbursement will occur.

4.6 The City will pay for only one certification test for each re-certification period. If the employee does not pass the initial test, the employee will assume responsibility for the additional cost(s) involved. Additional testing will be on the employee’s own time.

4.7 The use of City vehicles for transportation to and from testing site will be at the discretion of the department.

5.1 The City may require employees in positions affecting public safety to report when they are taking medication that may affect their ability to perform the essential functions of their jobs. The City may require such reports only when the City can demonstrate that an employee’s inability or impaired ability to perform essential functions can reasonably be determined to pose a direct threat to the employee, to co-workers, or to the public.

5.2 Any City department intending to require employees in positions affecting public safety to report medication use under this section shall consult with the City’s designated representative prior to requiring such a report.

6.1 Job candidates who have met all other requirements for employment, must successfully pass a drug test to be eligible for employment. This requirement does not apply to current employees pre-bidding on other City positions unless a 30-day lapse of continued employment occurred. However, Airport Police Department requires drug tests of all employees in order to meet all POST requirements.

6.2 The City hiring authority shall inform all job applicants of this Policy, including the pre-employment drug-testing requirement. Job applicants who apply for CDL positions must be informed of current federal drug and alcohol testing requirements for their position.

6.3 All job offers shall be conditioned on candidate employees passing a pre-employment drug screen.

6.4 The City shall withdraw a job offer of any candidate employee who fails to pass a pre-employment drug test. Such candidate employees shall be ineligible for a City employment offer for one year from the date of the failed screening test.

7.1 An employee’s appearance, performance, behavior, speech, or body odor may support reasonable suspicion that the employee is impaired by drugs or alcohol. In this event, a reasonable suspicion determination should be supported by one or more of the following:

b. Discovery or presence of illegal or suspicious substances or materials in an employee’s possession or within the employee’s control;

c. Observations of an employee ingesting, injecting, smoking, or inhaling a prohibited substance;

d. Odor of alcohol or residual odor peculiar to some chemical or controlled substances; or

e. Poor physical coordination, slow reactions, slurred speech, hand tremors, unsteady walking, dilated or constricted pupils, disorientation, or unusual restlessness.

7.2 Other events, actions, or admissions by the employee that may support a reasonable suspicion determination, include the following:

5) Uncharacteristic inability to follow a series of consecutive directions in a predictable and/or logical manner;

9) Abusive, loud, combative, aggressive, threatening, fearful, paranoid, or other uncharacteristic behavior;

10) An accident or near-accident in which employee carelessness may be a contributing factor;

11) Credible information received by a City supervisor or officer suggesting that an employee may be abusing alcohol, a controlled substance, or using illegal drugs;

13) Arrest or conviction for violation of a criminal drug statute or an illegal act involving drug or alcohol abuse.

7.3 The City shall train all supervisors to detect the physical, behavioral, speech, and performance indicators of probable drug and alcohol abuse or misuse. All supervisors should be able to determine if an employee may be impaired in his or her job performance due to such abuse or misuse.

7.4 If any supervisor or City official determines that reasonable suspicion exists for a drug or alcohol screen, the employee shall immediately be removed from his or her duties and be informed of the reasonable suspicion.

7.5 Any supervisors or City official who determines that reasonable suspicion exists for an employee drug and alcohol screen shall record the factors he or she relied on in making that determination. Such record shall also include: any witnesses, including their addresses and phone numbers; any reports by the employee of use of prescriptions medication or other explanation for his or her conduct; and whether the police were notified.

7.6 A City supervisor who makes the determination that reasonable suspicion exists shall not conduct the drug or alcohol test.

7.7 The City shall consider an employee who refuses to submit to a drug and alcohol test based on reasonable suspicion to be insubordinate.

8.1 When any City employee at work is involved in a fatal accident the employee shall within two hours of the accident submit to a drug and alcohol screen.

8.2 A City CDL driver shall within two hours of an accident involving a City vehicle submit to a drug and alcohol screen, when:

b. The CDL driver receives a moving traffic citation associated with the accident, and bodily injury to any person who, as a result of the accident, immediately receives medical attention away from the scene of the accident, or

c. The CDL driver receives a moving traffic citation associated with the accident, and one or more motor vehicles have incurred disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

8.3 An employee who is subject to post-accident testing shall remain reasonably available for such testing or may be deemed to have refused to submit to testing.

8.4 When any City employee at work is involved in a non-fatal accident the employee’s supervisor or City official may determine that reasonable suspicion exists to require the employee to submit to a drug and alcohol screen. In non-fatal accident cases, the supervisor may not conclude there is reasonable suspicion merely because an accident has occurred. Rather, the supervisor should consider the totality of the circumstances, including factors related to reasonable suspicion, as described in this Policy.

8.5 Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a vehicle operator from leaving the scene of an accident for the period necessary to obtain assistance in responding to an accident, or to obtain necessary emergency medical care.

9.1 The City shall, per federal regulations, randomly select CDL drivers for drug and alcohol tests. The random selection process shall be conducted independent of the City departments. The dates for testing shall be selected on a random basis. Each CDL driver shall have an equal chance of being selected each time a random screen is drawn. This process may result in some employees being selected more than once in a given period, while others may not be selected for testing.

9.2 The City shall inform CDL drivers that the random testing in this section is required by federal regulation.

9.3 Once the City notifies a CDL driver of a requirement to submit to a random test, the employee has a maximum of two hours to appear at the designated testing location for testing. CDL drivers may be tested for drugs or alcohol, or both.

9.4 Any CDL driver who refuses to take any required test, or who fails to report when scheduled, shall be prohibited from performing or continuing to perform CDL operations. Employees will also be subjected to disciplinary action, up to and including termination.

9.5 If a Medical Review Officer reports a positive drug or alcohol test result, or the employee refuses to submit to testing, the City shall refer the employee to a substance abuse professional. The initial meeting between the employee and the substance abuse professional should occur within three working days of the City being notified of the positive test result or the employee’s refusal to be tested. At the time of the referral, the employee shall sign a release that will allow the substance abuse professional to report employee attendance at treatment or counseling sessions, and to discuss treatment recommendations with appropriate City officials.

9.6 If a random test of a City CDL driver produces a positive drug or alcohol test result, or the employee refuses to be tested, the City shall remove the employee from CDL operations and place the employee on sick/personal leave and/or vacation leave. If the employee does not have paid leave available, the City shall place the employee on unpaid administrative leave pending the outcome of the substance abuse professional consultation.

9.7 These provisions do not preclude unannounced testing of non-CDL employee or CDL drivers when such testing is required as part of a recommended after care/treatment program, which the City requires upon an employee’s return to work after a positive test.

10.1 When an employee is required to be tested under circumstances of reasonable suspicion, the supervisor or City department must make arrangements for transportation of the employee to the testing facility or location.

10.2 The testing procedures will meet current medical practice and National Institute of Drug Abuse guidance, National Highway Traffic Safety Administration regulations, or comparable standards, including but not limited to analytic methodologies and procedures, sample documentation, storage, transportation, and results confirmation. The object of such procedures is to provide accuracy, validity, and reliability of test results.

10.3 For urine and blood tests, the City shall use results that are reported by a laboratory certified by the National Institute of Drug Abuse. In all cases, the City shall rely on the MRO to be the responsible person for initial receipt, evaluation and interpretation of urine and blood test results.

10.4 Urine collection shall not be observed, unless facts support a reasonable belief that the employee may alter or substitute the specimen. For example, urine collection may be observed when the person to be tested is a confirmed illegal substance abuser, is seen to have equipment or implements used to tamper with urine samples, or has recently been determined to have tampered with or altered a sample. In such cases, only a person of the same gender shall make observed collections.

10.5 When an employee is tested for drugs other than alcohol, the City shall take and preserve a split sample. Employees have five (5) working days after notification of a positive test result to request that the split specimen be examined by the City’s laboratory or at another laboratory, which must be certified for drug testing by the National Institute of Drug Abuse. Re-testing will be performed in such a way as to preserve the evidentiary integrity of the specimen, including chain of custody. The cost of such employee-requested re-testing will be paid by the employee in advance, but shall be reimbursed by the City if the second test is negative. The laboratory that performs the re-testing must inform the MRO of the test results. The MRO will notify the City’s designated representative.

10.6 Alcohol tests shall be conducted by an outside contractor or agency using an evidential breath testing device (EBT) or other technology approved by the National Highway Traffic Safety Administration, or as specified in Utah State or federal regulations for administration and interpretation of chemical analysis of breath.

10.7 In case of a drug test, the employee’s sample will be analyzed for the presence of marijuana, cocaine, opiates, phencyclidine, and amphetamines. Any trace above the threshold limit may be considered by the MRO as a positive result; however, the MRO shall determine whether the results indicate a need for further testing. The MRO may also recommend to the City the need for possible removal of the employee from job duties.

10.8 In the case of alcohol testing, if the employee’s alcohol level does not exceed .04 Blood Alcohol Level (BAC), the results shall be recorded as negative. If the alcohol test results indicate alcohol level at or above .04 BAC, the MRO may recommend that the employee be relieved of his or her job duties and reinstated only after consultation with a substance abuse professional.

10.9 No CDL driver tested under this Policy who is found to have an alcohol concentration of .02 or greater but less than .04 shall conduct CDL operations until the start of the next scheduled duty period, but in no case shall the work period be less than twenty-four (24) hours following the administration of the test.

10.10 To determine whether a sample is positive, the City will follow thresholds recommended by National Institute of Drug Abuse. For CDL drivers the thresholds are those specified under federal regulations.

10.11 An employee who refuses to submit to a drug or alcohol test under this Policy shall be subject to all the same conditions as if they had tested positive.

10.12 The MRO shall report a positive test result to the City’s designated representative.

10.13 Any drug or alcohol testing of City employees shall be considered time-worked for purpose of compensation.

10.14 The City shall pay all costs of testing for drugs and alcohol required by the City, except as otherwise provided herein.

11.1 The City encourages employees with drug or alcohol abuse/misuse problems to participate in treatment and rehabilitation programs.

11.2 The City supports employee use of EAP services. EAP counseling is available to employees when an employee feels he or she needs help with a problem that is causing or might cause their job performance to decline or safety to be compromised. Employees seeking assistance may obtain the name, address, and phone number of EAP services by contacting the City’s Human Resources Division.

11.3 Notwithstanding the City’s support for EAP counseling, supervisors should not attempt to diagnose an employee’s problem or direct employees to seek assistance. The supervisor’s role is to monitor job performance, workplace safety, and overall efficiency of City operations.

11.4 Nothing in this Policy shall be construed to require the City to offer or provide rehabilitation to employees.

11.5 If an employee refuses to seek assistance or is unable to avoid drug or alcohol impairment in the performance of job duties, these circumstances will be considered in making employment decisions.

11.6 The cost of drug or alcohol abuse treatment or rehabilitation beyond the scope of the EAP is solely the employee’s responsibility.

11.7 Prevention of drug and alcohol abuse/misuse among employees will be addressed through ongoing educational programs available to all City employees.

12.1 The City shall require employees who test positive on a drug or alcohol screen to consult with a substance abuse professional. The City will request the substance abuse professional to recommend appropriate treatment and follow-up that would be advisable for the employee to fully and successfully perform his or her duties, without impairment from drugs and alcohol.

12.2 An employee who, as a result of a reasonable suspicion determination, tests positive on a drug or alcohol screen may not return to work until:

a. the City has received the written recommendation of a licensed physician or substance abuse professional, and

b. the employee accepts any resulting terms and conditions of employment, which can include random testing.

12.3 The City shall record any follow-up care, including additional testing for drugs or alcohol, recommended by a physician or substance abuse professional. Such recommendations shall be considered terms and conditions of employment for that employee during an appropriate period of time, but not less than one year.

12.4 A City CDL driver may not return to work until the driver undergoes a return-to-work alcohol test with a result indicating an alcohol concentration of less than .02 if the conduct involved alcohol, or a drug test with a verified negative result if the conduct involved drugs.

12.5 CDL drivers who test positive for drugs or alcohol shall be subject to unannounced follow-up alcohol and drug tests following the operator’s return to duty. The substance abuse professional shall recommend the number and frequency of such follow-up testing. However, such follow-up testing shall consist of at least six (6) tests within the first twelve (12) months following the driver’s return to duty. In no case shall the follow-up testing for CDL drivers exceed sixty (60) months following the date of the operator’s return to duty

13.1 Any employee who refuses to submit to a drug or alcohol test under this Policy may be found by a supervisor to be insubordinate and may be subject to appropriate disciplinary action.

13.2 Any CDL driver who refuses to be tested under this Policy shall be relieved of all duties involving CDL operations.

13.3 Should an employee’s supervisor determine that the employee cannot perform the functions of his or her job due to the suspected abuse or misuse of drugs or alcohol, or if the supervisor determines that an employee has used, possessed, sold, or transferred any illegal substance while on City time or on City property, the supervisor may take appropriate disciplinary or other action, including placing the employee on paid administrative leave pending appropriate testing, investigation, counseling, discipline, or other action.

13.4 An employee’s voluntary participation in a treatment or rehabilitation program will be considered as a mitigating factor in making disciplinary decisions.

13.5 Employees who dispense or sell illegal substances on City property or on City time will be subject to termination and criminal investigation.

13.6 The fact that an employee tests positive for drug or alcohol use under this Policy does not mean the City recognizes or acknowledges the employee as disabled under the American with Disabilities Act or as a person with a handicap for purposes of the Utah Anti-discrimination Act.

13.7 Contract employees and volunteers providing goods or services for or on behalf of the City shall also be subject to this Policy, including the cancellation or refusal of continued services or work of any volunteers or contract employees who are found to be in violation of this Policy.

14.1 City-required drug and alcohol test results, records relating to specific test methods, steps, and procedures are and shall remain property of the City. The City shall share such information with others only on a need-to-know basis. Such need-to-know may exist with respect to department heads, immediate supervisors, human resource consultants, and City attorneys.

14.2 All information, interviews, reports, statements, memoranda, or test results received by the City under this Policy are confidential communications and shall be safeguarded and controlled, as required by law and regulation.

14.3 The City may use these confidential communications as a basis for disciplinary action or employment conditions relating to rehabilitation, treatment or counseling, which may include additional drug or alcohol testing.

14.4 EAP counselors shall hold all self-referral contacts with the EAP in confidence, unless the employee provides a written release of information that requests the City be notified.

14.5 The confidentiality requirements of this Policy shall not restrict the right of the City to investigate any incidents or performance issues relating to an employee, take disciplinary action against an employee, notify professional licensing agencies of the employee’s actions, or to otherwise act in support of the City’s interests and protect the safety and health of its employees and the public.

15.1 Employees who are disciplined for violations of this Policy may appeal such disciplinary actions as specified under collective bargaining agreements, Civil Service Commission rules and regulations, or other City policies.

15.2 Employees who test positive for illegal substances or alcohol, but who are not disciplined, may request a hearing to challenge the basis for the testing or to challenge the test results. Such requests must be filed in writing with the Office of the City Recorder within 10 working days of the report to the employee of the positive test result.

15.3 Upon a request for a hearing hereunder, the Mayor or designee shall refer the matter an administrative law judge or hearing officer. That judge or officer shall hear the employee’s appeal within twenty (20) working days of the date the employee files the appeal, unless the City and the employee agree to an extension of time.

15.4 The judge or officer may consider all facts relating to the basis for testing of test results.

15.5 Employees may be represented during hearings by an attorney or other person, consistent with City Policy or any collective bargaining agreement.

15.6 The judge or officer shall issue written findings, based on a preponderance of evidence that address the issues raised by the employee and the City.

15.7 The judge or officer shall submit findings and a recommendation to the employee’s department head, who shall inform the employee of the department head’s decision regarding the recommendation. The department head’s decision shall be final.

(Clarifies reasonable suspicion testing criteria, employee obligation to notify of lost license, employee and city responsibilities with regard to CDL testing, and requirement for post-accident testing in case of loss of human life)

PRE-1995 REFERENCES: City policy	4.01.102
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	4.01.308
	4.01.400
	4.01.502
	4.02.203
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	4.05.100
	4.06.100