1398RESOLUTION NO. ~~
A RESOLUTION TO ADOPT THE CITY OF WEST MEMPHIS, ARKANSAS,
DRUG TESTING POLICY AND PROCEDURES.
WHEREAS, drug testing policy and procedures have been
proposed in order to provide and maintain a safe, healthy working
environment far all employees and to reduce the incidence of
'~,,, accidental injury to property or persons and to reduce
absenteeism, tardiness and poor job performance and to enhance
public safety and to ensure that jobs which are safety related or
sensitive in terms of security are performed free of any risk of
impairment by the use of illegal drugs; and
WHEREAS, a copy of the proposed drug testing policy and
procedures is attached hereto; and
WHEREAS, the City Council of the City of West Memphis finds
the adoption of the proposed drug testing policy and procedures to
be in the best interest of the City of West Memphis, its employees
and the general public;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT the City of West Memphis,
Arkansas, hereby adopts the attached drug testing policy and
procedures.
ADOPTED t h i s ~ day of J~P'C~sMS~.R.. , 199.
H M :' I NGRAM , MA
CITY OF WEST MEMPHIS, ARKANSAS
DRUG TESTING POLICY AND PROCEDURES
I. PURPOSES.
The purposes of this policy are as follows:
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(a) To provide and maintain a safe, healthy working
environment for all employees;
(b) To reduce the incidence of accidental injury to
property or persons;
(c) To reduce absenteeism, tardiness and poor job
performance;
(d) To enhance public safety; and
(e) To ensure that the duties of the city's employees are
performed free of any risk of impairment by the use of
illegal drugs.
II. DEFINITIONS.
(a) "Employee" means a person hired by the City of West
Memphis and who performs services for the City of West
Memphis, Arkansas.
(b) "Job applicant" means any person who applies to become
an employee of the City of West Memphis, Arkansas.
(c) "Reasonable suspicion" means an articulable belief,
based upon specific objective facts and reasonable
inferences drawn from those facts.
(d) "Under the influence" means having the presence of a
drug or alcohol at, or above, the level of the
positive test result.
III. JOB APPLICANT TESTING.
Job applicants will be required to undergo a drug and
alcohol test prior to any offer of employment.
IV. CURRENT EMPLOYEE TESTING.
(a) Random testing.
All full-time and part-time employees of the City of West
Memphis will be subject to random and systematic alcohol
and drug testing procedures during the course of their
employment, even in the absence of reasonable suspicion.
(b) Testing for cause.
The City of West Memphis, Arkansas, may require any
employee to undergo drug and/or alcohol testing if there is
a reasonable suspicion that the employee is under the
influence of drugs or alcohol during working hours.
Circumstances which constitute a basis for determining
reasonable suspicion may include, but are not limited to:
1) A pattern of abnormal or erratic behavior;
2) Information of recent drug use provided by a reliable
and credible source;
3) Direct observation of drug or alcohol use;
4) Presence of the physical symptoms of drug or alcohol
use (i.e., glassy or bloodshot eyes, alcohol odor on
breath, slurred speech, poor coordination or
reflexes);
5) A pattern of absenteeism or tardiness;
6) A pattern of unkempt or disheveled appearance;
7) Involvement in a motor vehicle accident in a City of
West Memphis, Arkansas, vehicle;
8) Involvement in a work-related accident which results
in any injury or property damage; and
9) Discovery of incriminating evidence.
Supervisors are required to detail, in writing, the
specific facts, symptoms, or observations which form the
basis for their determination that reasonable suspicion
exists to warrant the testing of an employee. This
documentation shall be forwarded to the appropriate
department head or designee. The facts underlying the
determination of reasonable suspicion should be disclosed
to the employee at the time the demand is made.
V. SUPERVISOR TRAINING.
The City of West Memphis, Arkansas, shall develop a program
of training to assist supervisory personnel in identifying
drug and alcohol use among employees. Such training will
be directed toward helping supervisors to recognize the
conduct and behavior giving rise to a reasonable suspicion
of drug or alcohol use, to identify employees who need drug
counselling and employee assistance programs and to be
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aware of those employees who pose an immediate safety
threat.
VI. PRIOR NOTICE OF TESTING POLICY.
The City of West Memphis, Arkansas, shall provide written
notice of its drug and alcohol testing policy to all
employees and job applicants. The notice shall contain the
following information:
(a) The need for drug and alcohol testing;
(b) The circumstances under which testing may be required;
(c) The procedure for confirming an initial, positive drug
test result;
(d) The consequence of a confirmed positive test result;
(e) The consequences of refusing to undergo a drug and
alcohol test;
(f) The right to explain a positive test result and the
appeal procedures available; and
(g) The availability of drug abuse counselling and
referral services.
VII. CONSENT TO DRUG OR ALCOHOL TESTING.
Before a drug or alcohol test is administered, employees
and job applicants will be asked to sign a consent form
authorizing the test and permitting the release of test
results to those City of West Memphis, Arkansas, officials
with a need to know and otherwise as may be required by
law. The consent form shall provide space for employees and
job applicants to acknowledge that they have been notified
of the City of West Memphis, Arkansas, Drug Testing Policy
and Procedures. Employees and job applicants may at this
time provide a list of those medications that he or she has
used within the past 72 hours. The list of medications, if
provided, shall be sealed and held as confidential until
there has been a positive test result. In the event of a
confirmed positive test result, the list of medications
shall only be disclosed to the medical official who will
determine whether the positive test was due to the lawful
use of any of the listed medications. Employees and job
applicants may choose to provide such a list after being
notified of the positive test result.
The consent form shall also set forth the following
information:
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a) The procedure for confirming an initial positive test
result;
(b) The consequence of a confirmed positive test result;
(c) The right to explain a confirmed positive test result
and the appeal procedure available; and
(d) The consequences of refusing to undergo a drug or
alcohol test.
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VIII.
REFUSAL TO CONSENT.
IX.
(a) A job applicant who refuses to consent to a drug or
alcohol test will be denied employment with the City
of West Memphis, Arkansas.
(b) Any employee who refuses to consent to a drug or
alcohol test when reasonable suspicion of drug or
alcohol use has been identified, or an employee who
refuses a random test, is subject to disciplinary
action up to and including termination. An employee
shall be entitled to a hearing prior to the city's
decision that such refusal warrants disciplinary
action. The reason for the refusal shall be
considered in determining the appropriate disciplinary
action.
DRUGS FOR WHICH TO BE TESTED.
When drug or alcohol testing is required under the
provisions of this policy, a urinalysis test will be given
to detect the presence of the following drugs:
(a) alcohol (ethyl)
(b) amphetamines
(c) barbiturates
(d) benzodiazepines
(e) cocaine
(f) methaqualone
(g) opiates
(h) phencylidine (PCP)
(i) THC (marijuana)
(j) any substance specified in the State of Arkansas
Schedule of Controlled Substances as promulgated by
the Director of the Arkansas Department of Health or
his duly authorized agent.
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X. CONSEQUENCES OF CONFIRMED POSITIVE TEST RESULTS.
Any job applicant whose positive test result has been
confirmed will be denied employment with the City of West
Memphis.
When a demand is made of an employee for drug and/or
alcohol testing under reasonable suspicion, the employee
shall not return to work after being tested until the
results have been received by the city official requesting
the testing.
When the results are received, the employee will be
notified and requested to attend a conference with the
employee's supervisor. Should the test results be
negative, the employee may or may not be allowed to return
to work, depending on other factors involved.
If an employee's positive test result has been confirmed,
the employee shall be entitled to a hearing prior to any
disciplinary action taken by the City of West Memphis,
except that the employee may be suspended with pay pending
the hearing. The hearing should be conducted by an
official who did not take part in the initial decision to
require a drug test. Employees may be represented by legal
counsel, present evidence and witnesses on their behalf,
and confront and cross examine any witnesses testifying
against them at the hearing.
An employee may be suspended with pay based upon a
confirmed positive drug test result pending a decision on
the merits of the hearing. However, no further adverse
personnel action may be taken against an employee based
upon a confirmed positive drug test result unless the
hearing officer finds by a preponderance of the evidence
that:
(a) The employee's drug test results are accurate; and
(b) If the test was requested based upon reasonable
suspicion, the employee's supervisor had reasonable
suspicion to believe that the employee was under the
influence of drugs or alcohol on the job.
Within a reasonable time following the close of the
hearing, the hearing officer shall issue a written decision
and brief summary of the evidence supporting that decision.
Disciplinary action up to and including termination may be
imposed based upon a confirmed positive drug test result
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XI. LABORATORY TESTING REQIIIREMENTS
All drug and alcohol testing of employees shall be
conducted at a medical facility or laboratory selected by
the City of West Memphis. No financial cost shall be
incurred by the employee for the testing requested by the
City of West Memphis,. Any additional tests requested by
the employee will be at the employee's expense.
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