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CITY OF RIPON
ALCOHOL AND DRUG ABUSE POLICY
I.
I. INTRODUCTION
I. The PURPOSE
It is the policy of the City of Ripon recognizes that behavior resulting from the use of alcohol and/or other drugs may detrimentally affect work performance, safety, security, and public confidence in the City’s workforce. The use of alcohol and/or other drugs can present a risk to City employees and the health and welfare of the citizens of this City.
In recognition of the City’s responsibility to maintain a safe, healthy, and productive work environment, and each employee’s responsibility to perform effectively and efficiently, the City has enacted this policy. The goal of this policy is to eliminate drug-free and alcohol use from the workplace. ItThis is the intention of this policy to eliminate substance abuse and its effects in the work place. While the City of Ripon has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. Our concern isto ensure that employees are in a condition to perform their duties safely, effectively, and efficiently in the interests of themselves, their fellow workers, and the public as well as themselves.. The presence of drugs andor alcohol on the job, and the influence of these substances on employees during working hours, are inconsistent with this objective.
II. APPLICATION
This policy applies to all City of Ripon employees, except as this policy is superseded by federally mandated drug and alcohol policies. Compliance with this policy is a condition of employment.
This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of their job. This policy shall exclude from the disciplinary provisions contained herein the authorized handling of drugs and/or use of alcohol by City employees in the performance of their duties.
In the event a dispute arises with respect to the interpretation or application of this policy, such dispute shall be appealed pursuant to the City of Ripon Merit System Rules and Regulations.
III. PURPOSE
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program Counselor.
While the City of Ripon will be supportive of those who seek help voluntarily, the city will be equally firm in identifying and disciplining those who do not seek help, or whose continued substance abuse either violates City Rules, or interferes in the employee’s job performance.
This policy outlines
The purpose of this policy is to outline the responsibilities of City of Ripon managerssupervisors and employees. To that end, the City of Ripon will act to eliminate any substance abuse ( regarding alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee’s ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, and substandard performance. The City will Style Definition ...
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act to eliminate any substance abuse which discredits the City or otherwise interferes with the employee’s ability to carry out assigned tasks. their job All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including dismissal, and may subject an employee to required satisfactory participation in an approved substance abuse assistance or rehabilitation program. Those applying for positions with the city may not be hired for failure to follow these guidelinestermination.
In recognition of the public service responsibilities entrusted to the employees of the City of Ripon, and that drug and alcohol usage can hinder a persons ability to perform duties safely and effectively, the following policy against drug and alcohol abuse is hereby adopted by the City of Ripon.
IV. POLICY
It is the policy of the City of Ripon that employees on compensated duty A. Prohibitions:
1. Employees shall not be at work under the influence of controlled substances or including narcotics (including marijuana), prescription drugs not lawfully prescribed, or alcohol.
2. Employees shall not use, possess, sell, solicit, distribute, or manufacture alcohol or any illegal substance while at the work place, operating a City vehicle, or wearing a City uniform. An exception exists for sworn City police officers whose duties require possession of drugs and/or possession or consumption of alcohol in the course and scope of their job duties (i.e. undercover assignments). An employee consuming alcohol in the course and scope of their job duties must have prior approval by the Chief of Police or designee, for that specific event.
In addition, employees
3. Employees shall not consume, ingest, distribute, or use cannabis, cannabis infused products, and/or other cannabis substances at work due to the high probability that it will impair work performance. Although pursuant to Proposition 64 California legalized adult possession and consumption of marijuana for recreational use, and pursuant to Proposition 215 California law permitted the use of medical marijuana, these laws have no effect on the workplace or this policy. In the case of Ross v.
Ragingwire (2008) 42 Cal.4th 920, the California Supreme Court held that employers are not required to permit an employee’s medicinal marijuana use as a reasonable accommodation. Likewise, Proposition 64 states in Health & Safety Code section 11362.45, subdivision (f), that it does not restrict the rights of employers to maintain a drug and alcohol free workplace. Accordingly, the prohibitions set forth in this policy apply to marijuana in all forms (e.g. use through smoking, eating, vaping, etc.).
B. Drug / Alcohol Testing:
Employees whose ability to work or whose job performance is impaired as a resultbecause of off-the-job use of alcohol or controlled drugs will be in violation of this Policy. . Failure to do so may result in discipline. In the event there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
2. Employees reasonably believed to be under the influence of a controlled substance Formatted: Font color: Custom
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shall be prevented from engaging in further work. The cityCity has no authority to detain, but may notify the police of the employee’s condition.
3. The City may require a blood test, urinalysis, or other drug and/or alcohol screening of employees condition onwho are reasonably suspected of using or being underthe road. influence of a drug or alcohol at work. The City will consider any employee refusing to submit to a drug and/or alcohol screening as insubordinate, which may lead to discipline, up to and including termination.
C. Medical:
1. The City of Ripon is committed to providing reasonable accommodation to those employees whose drug and/or alcohol problem classified them as disabled under federal and/or state law.
2. Use of medically prescribed medications and drugs, as directed by the employee’s physician, is not a violation of this policy. An employee must notify their supervisor before beginning work when taking medications or drugs, including but not limited to:
prescription drugs, over the counter medications, or illegal drugs or narcotics (including marijuana) which could interfere with the safe and effective performance of their duties or operation of City equipment. Failure to do so may result in discipline.
In the event The city has established an Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. Employees should contact their supervisors or counselor for additional information.
D. Conviction:
1. Under the federal Drug-Free Workplace Act, any City employee convicted of violating a criminal drug statute (including a plea of nolo contendere) occurringwhile in the workplace must notify the City of the conviction within five (5) days afterofthe conviction. This notification to the City of the conviction will not relieve the employee from any disciplinary consequences of the conduct upon which the conviction is based. Within thirty (30) days of such notice, the City will take appropriate action as to the employee. The City Administrator or a designee shall notify granting agencies within ten (10) days of receiving notice of a workplace drug conviction, whether the notice is received from the convicted employee or otherwise.
E. City Diligence:
1. In order to enforce this policy and ensure the safety of all City employees, the City, unless unlawful by Public Safety Officers Procedural Bill of Rights (POBR) or other rules and regulations, reserves the right to search all areas and property over which the City maintains full or joint control with the employee for the purpose of detecting alcohol, cannabis, cannabis-infused products, or illegal drugs. Areas jointly controlled by the City and the employee include, but are not limited to, desks, lockers (even if locked), work stations, filing cabinets, and vehicles. Employees have no reasonable expectation of privacy with respect to any City property. The City will make a Formatted: Font color: Custom
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reasonable effort to contact the employee before conducting the search. However, the City can conduct an inspection at any time, with or without notice, and regardless of whether any employee is present.
The City Administrator or a designee shal notify federal agencies with which the City holds contracts or from which the City receives grants within ten (10) days of receiving notice that a City employee has been convicted of a criminal drug statute for a violation occuring within the workplace. awareness program to inform City employees aboutregarding:
1. a. The dangers of drug or alcohol use in the workplace.
2. b. The City’sCity's policy of maintaining a drug- and alcohol free workplace.
3. c. The availability of drug- or alcohol counseling, rehabilitation, and employee assistance programs.
4. d. The penalties that may be imposed upon employees for drug or alcohol use violations occurring in the workplace.
3. The decision to discipline or discharge will be carried out in conformance with reference to the City of Ripon’sRipon's pertinent discipline procedures.
III.
APPLICATION
An employee must:
A.
A. Be able to perform the duties of their position without the impairment of alcohol or a controlled substance.
B. Not report to work for their regular work schedule while his/hertheir ability to perform job duties is impaired due to on or off duty alcohol or drug abuseuse.
B. Not possess open containers or
C. Disclose to their supervisor, if being called in to work on an unscheduled shift, if they have recently consumed alcoholic beverages or impairing drugs or. There shall be no discipline if an employee is unable to report to work in this situation.
D. Refrain from alcohol or drug use alcoholwhile on call and be ready to perform their duties as they would when reporting for a regular shift.
E. Not possess, use, or consume alcoholic beverages or impairing drugs during work hours or any paid time, except when possession and/or use is prescribed by a medical doctor and approved by the employee’s supervisor or required in the course of Police Department employment.
C.
F. Not directly, or through a third party, knowingly sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty or officially on-call.
D.
G. Submit to a drug and/or alcohol screening or test when the City has reasonable suspicion they are under the influence of drugs or alcohol in the workplace.
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H. Notify his/hertheirsupervisor, before beginning work, when taking any medications or drugs (prescription or nonprescription) which may interfere with the safe and effective performance of duties or operationsoperation of the City equipment.
V. MANAGEMENT
VI. SUPERVISOR RESPONSIBILITIES AND GUIDELINES
A.
A. Supervisory employees are responsible for reasonable enforcement of this policywhere reasonable suspicion exists. “
B. Supervisor should ask the employee if anything is preventing them from reporting to work to effectively and safely perform the functions of their job if the employee is being called in for an unscheduled shift.
C. Supervisors shall not demand employees report to work when being called in for a scheduled or unscheduled shift if the employee feels that their ability to perform their job duties are impaired due to alcohol or drug use.
D. If the employee’s status is in question, the Supervisor shall make the final determination on whether the employee reports to work for an unscheduled shift.
E. Supervisors may request that an employee submit to a drug and/or alcohol screen/test when they have reasonable suspicion that an employee is under the influence of drugs and/or alcohol while at work.
"Reasonable suspicion”" is a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol. For example, any of the following, alone or in combination, may constitute reasonable suspicionExamples of objective factors include, but are not limited to:
1. 1. Slurred or altered speech.
2. 2. Alcohol odor on breath.
3. 3. Unsteady walking andor movement.
4. 4. BizarreAbnormal or erratic behavior/.
5. 5. Possession of alcohol or drugs.
F. Any supervisory employee suspecting an employee of drug and/or alcohol use will document in writing the facts constituting reasonable suspicion that the employee in question is under the influence of alcohol or drugs. It is the responsibility of the supervisory employee to ensure appropriate disciplinary action is taken.
VII. VI. PHYSICAL EXAMINATIONDRUGANDPROCEDURE (New hires/OR ALCOHOL TESTING The City has discretion to test employeesfor alcohol and re-hires)drug use. The City will use an outside laboratory to perform all testing.
Applicants for employment must successfully pass a drug screening test prior to confirmation of employment.
The City may require a blood test, urinalysis, or other drug and/or alcohol test may look for any substance which could impairscreening of employees who are reasonably suspected of 6 Updated 4/2023
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using or being under the influence of a drug or alcohol at work.
The Supervisor must record the factors that support reasonable suspicion in writing and employee’s ability to effectively provide to Human Resources within 24 hours. The employee will be relieved from duty, transported to the testing facility and safely perform the functions of his/her job. to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
The drug and/or alcohol test will be administered by Sutter Gould Medical Foundation, 600 Coffee Road, Modesto, California, or by any other testing facility, which is chosen jointly by the bargaining unit and the cityCity. The facility must be licensed and certified by the California Department of Health Services, Laboratory Field Service and comply with the scientific and technical guidelines for Federal Drug Testing Programs and the standards of the Alcohol, Drug Abuse and Mental Health Administration of the U.S. Department of Health and Human Services. The drug and/or alcohol test may look for any substance, which could impair an employee’s ability to effectively and safely perform the functions of their job.
Applicants considered for employment must first undergo pre-screening drug testing prior to confirmation of appointment. They will be asked to sign a consent to be tested form prior to the administration of the test. At the time the urine samples are collected, the samples shall be sealed in the presence of the applicant being tested with a security seal. The applicant and the collecting agent shall complete and attach to all samples, the Chain of Custody Form.
Pre-employment physicals.
The City will investigate an employee who receives a positive test result to gather all facts, which will include an employee interview. The City has the right to decide whether to discipline or terminate the employee in conformance with City policies and due process rights of the employee.
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IX. EMPLOYEE ASSISTANCE PROGRAM
The City has a well-established voluntary Employee Assistance Program (EAP) in place to assist employees and their eligible family members in addressing alcohol and drug dependency.
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the City’s EAP. The City of Ripon will support those who seek help voluntarily and will be equally firm in identifying and disciplining those who do not seek help or whose continued substance abuse either violates City rules or interferes in the employee's job performance.
Employees may utilize sick leave for self-referral appointments during regular work hours if the employee is unable to schedule an appointment during off-work hours. Any earned leave time may be utilized for EAP participation. If an employee requires additional leave time, they may request a medical leave of absence subject to approval.
Supervisors should encourage employees to use the EAP when usual supervisory actions do not improve deteriorating or unsatisfactory job performance or when a specific on-the-job incident is cause for concern.
An employee who seeks voluntary assistance prior to being notified of any discipline or request for testing by the employer, shall not be disciplined or illegally discriminated against for seeking such assistance. Requests for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent.
X. CONFIDENTIALITY
Applicants will be required to fill out a consent to release medical records form when the test is administered. Laboratory reports or test results may be disclosed to City of Ripon management on a strictly need-to-know basis and to the tested applicant, or to the designated representative of the tested applicant,upon request. Disclosures, without patient consent, may also occur when law compels the informationis compelled by lawor by judicial or administrative process; the information has been placed at issue in a formal dispute between the employer and applicant; or the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure.