R2009-147 - 2009-11-23 RESOLUTION NO. R2009 -147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE
HANDBOOK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That the City Council hereby amends the City's Employee Handbook
in accordance with Exhibit "A" attached hereto.
PASSED, APPROVED, AND ADOPTED this 23 day of November, A.D., 2009.
1
TOM REID
MAYOR
ATTEST:
Y NG LO'RFING, �I t
CITY SECRETARY 0
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009 -147
DRAFT
CHAPTER 2 SECTION 2.12
A= 40 EMPLOYMENT AMERICANS WITH
F POLICIES AND DISABILITIES ACT
PRACTICES PROVISIONS
Purpose
To ensure compliance with the Americans with Disabilities Act, the City
offers equal employment opportunities to qualified individuals and strictly
prohibits discrimination against qualified individuals on the basis of
disability.
The City will employ and will not discriminate against persons with a
disability or regarded as having such impairment as defined by the
Americans with Disabilities Act of 1990, as amended. The following
definitions shall be applicable to this policy:
A. Disability shall mean with respect to an individual:
1. with a physical or mental impairment that substantially
limits one or more major life activities of such individual;
2. with a record of such an impairment; or
3. being regarded as having such an impairment.
B. The determination of whether an impairment substantially limits
a major life activity shall be made without regard to the
ameliorative effects of mitigating measures such as:
1. medication, medical supplies, equipment;
2. use of assistive technology;
3. reasonable accommodations or auxiliary aides or
services; or
4. learned behavioral or adaptive neurological modifications.
The City prohibits discrimination against a qualified individual on the basis
of disability. The City will not deny employment opportunities on the basis
of the need to provide reasonable accommodation for the individual's
physical or mental impairments, unless it would cause an undue hardship
Page 1 of 2 Section 2.12
to the City or constitute a threat to the safety of the disabled person or
other persons. Individuals with disabilities requiring accommodations
should notify the Director of Human Resources. The City requests
sufficient notice, when possible, to give time to arrange the
accommodation.
If the City receives any medical information about an employee or
employee's family member, it shall be forwarded confidentially to the
Human Resources department, which will maintain a confidential medical
records file for each employee. Medical records include any documents
where medical details are supplied. For example, a request for sick leave
is not generally a medical record, unless it contains details from the
employee or health care provider about the nature of the illness. Such file
will be secured, both physically and electronically, and kept separate from
the employee's personnel file. Access to the confidential medical records
shall be limited except on a "need to know" basis.
Employees who have a complaint involving potential violations of the
Americans with Disabilities Act, including but not limited to harassment,
discrimination, or failure to provide a reasonable accommodation, must
immediately report such complaint to the Human Resources Department.
Such individuals will not be subject to retaliation for requesting
accommodation or because of complaints about the denial of reasonable
accommodation.
Page 2 of 2 Section 2.12
DRAFT
CHAPTER 4 SECTION 4.05
A TIME -OFF FAMILY AND
A 5 BENEFITS MEDICAL LEAVE
General Provisions
In accordance with the Family and Medical Leave Act, the City of
Pearland will grant job protected unpaid family and medical leave to
eligible employees for up to 12 weeks per 12 -month period for any
one or more of the following reasons:
A. In order to care for a child following the child's birth, adoption,
or placement in foster care with the employee;
1. Leave must be taken within the 12 -month period following
the child's birth or placement with the employee;
2. If married spouses both work for the City of Pearland,
their total leave in any 12 -month period may be limited to
an aggregate of 12 weeks if the leave is taken for the birth
or placement of a child.
B. In order to care for an immediate family member (spouse, child,
or parent) of the employee if such immediate family member
has a serious health condition;
C. The employee's own serious health condition that makes the
employee unable to perform the functions of his /her position; or
D. The employee must attend to a qualifying exigency arising out
of the fact that the employee's spouse, child, or parent is on
federal call or impending federal call to active Reserves,
National Guard, or Retired Armed Forces or Retired Reserve, in
support of a contingency operation. When the application for
military family leave is because of a qualifying exigency due to
the service member's active duty, the application should state
Page 1 of 12 Section 4.05
the nature of the relationship of the employee to the service
member and the employee shall attach the application for leave
verifications of the service member's call -up or active duty and
the reason for the request. If not immediately available, the
employee shall provide the verification as soon as practicable.
If unable to provide verification, the City of Pearland may deny
FMLA designation for the leave. However, the City of Pearland
retains the right, in its sole discretion, to designate any leave as
FMLA leave retroactively.
Service member Family Leave
Eligible employees who are the spouse, child, parent or next of kin of
a covered Service member are entitled to up to 26 weeks of leave
during a single 12 -month Service member Period (for a total of 26
weeks if combined with other FMLA leave), to care for such Service
member who incurred a serious injury or illness in the line of active
duty in the Armed Forces. Available leave not taken during the 12-
month Service member Period, which begins on the first day of leave
is taken, will be forfeited. No more than 26 weeks of leave may be
taken in a single 12 -month Service member Period, and no additional
extended leaves may be taken in other years for the same injury or
illness. If married spouses both work for the City of Pearland, their
total Service member Family Leave may be limited to an aggregate of
26 weeks.
Definitions
A. "12 -Month Period" means a 12 month period measured forward
from the date an employee's first FML leave begins.
B. "12 -Month Service member Period" means a single 12 -month
period measured forward from the first day Service member
Family Leave is taken.
C. "Spouse" means a husband or wife as recognized under Texas
law for purposes of marriage, including common law marriage,
but does not include unmarried domestic partners.
Page 2 of 12 Section 4.05
D. "Child" means a child either under 18 years of age, or 18 years
or older who is incapable of self -care because of a mental or
physical disability. An employee's "child" is one from whom the
employee has actual day -to -day responsibility for care and
includes a biological, adopted, foster of step child.
E. "Parent" means a biological parent of an employee or an
individual who stood in place of a parent to an employee when
the employee was a child.
F. "Next of Kin" means the nearest blood relative of a Covered
Service member.
G. "Active Duty" means duty under a call or order to active duty
during contingency operation.
H. "Contingency Operation" means a military operation designed
by the U.S. Secretary of Defense as an operation in which
members of the armed forces are or may become involved in
military actions, operations, or hostilities against an enemy of
the United States or against an opposing military force, or
which results in the call or order to active duty of members of
the uniformed services during a war or national emergency
declared by the President or Congress.
I. "Covered Service Member" means a member of the Armed
Forces, including a member of the National Guard or Reserves,
who is undergoing medical treatment, recuperation, or therapy,
or is on the temporary disability retired list for a serious injury or
illness incurred in the line of active duty and which may render
the member medically unfit to perform the duties of the
member's military position.
Page 3 of 12 Section 4.05
J. "Qualifying Exigency" includes:
1. Short- notice deployment: notification of a call to active
duty in support of a contingency operation seven or fewer
days from date of deployment.
2. Military events and related activities:
(a) To attend an official ceremony, program or event
sponsored by the military that is related to active
duty or call to active duty;
(b) To attend family support programs and briefings
sponsored or promoted by the military, military
service organization, or American Red Cross that
are related to active duty or call to active duty.
3. Childcare and School Activities: Leave may be taken for
a child in order to:
(a) Arrange for alternate childcare;
(b) Provide childcare on an urgent, immediate need
basis;
(c) Enroll or transfer the child to a new school or
daycare facility;
(d) Attend meetings with staff at school or daycare
facility.
4. Financial and Legal Arrangements:
(a) To make or update financial or legal arrangements
to address the covered military members' absence
while on duty or call to active duty status;
(b) To act as the covered military member's
representative to obtain, arrange, or appeal military
service benefits while the member is on active duty
or call to active duty status, and for 90 days
following termination of active duty status.
Page 4 of 12 Section 4.05
5. Counseling: To attend counseling for oneself, the military
member, or child when the need for such counseling
arises from the active duty or call to active duty status of
the covered military member.
6. Rest and recuperation: to spend up to five days with a
military member who is on short-term, temporary rest and
recuperation leave during the period of deployment.
7. Post deployment activities: To attend arrival ceremonies,
reintegration events, and any other official ceremony or
program sponsored by the military for the approximately
90 -day period following termination of active duty or death
of the Service member while on active duty.
8. Additional activities related to the call to active duty
otherwise agreed to by the employer and employee.
K. "Serious Health Condition" means an illness, injury, impairment,
or a physical or mental condition that involves
1. Inpatient care (overnight stay);
2. Incapacity requiring absence from work for more than
three (3) calendar days and that involves continuing
treatment by a health care provider:
3. Continuing treatment by a health care provider for a
chronic or long -term health condition that is incurable or
which, if left untreated, would likely result in a period of
incapacity of more than three (3) calendar days; or
4. Prenatal care by a health care provider.
L. "Continuing Treatment" means
1. Two or more visits to a health care provider within 30
days of the commencement of the incapacity; or
Page 5 of 12 Section 4.05
2. Two or more treatments by a health care practitioner on
referral from, or under the direction of, a health care
provider within 30 days of the commencement of the
incapacity; or
3. A single visit to a health care provider within seven days
of the commencement of the incapacity that results in a
regimen of continuing treatment.
Coverage and Eligibility
To be eligible for family /medical leave an employee must have
worked for the City of Pearland for at least 12 months total and have
worked at least 1250 hours over the previous 12 -month period.
Intermittent of Reduced Leave
An employee may take intermittently (a few days or a few hours at a
time) or on a reduced leave schedule. The employee may be
required to transfer temporarily to a position with equivalent pay and
benefits that better accommodates recurring periods of leave. An
employee may not take intermittent leave following the birth or
placement of a child except at the discretion of the City of Pearland.
The City Manager and Human Resources must approve intermittent
leave following the birth or placement of a child.
Use of Paid Leave
An employee will be required to use accrued paid leave (including
paid vacation, sick leave, compensatory time and workers'
compensation) for any part of a family /medical leave. When an
employee has used all of his or her accrued paid leave, the employee
may request an additional period of unpaid leave so that the total paid
and unpaid leave provided equals 12 weeks (or 26 weeks if combined
with Service member Family Leave time).
Page 6 of 12 Section 4.05
Employee Notice Requirement
A. An employee must give 30 days notice in the event of a
foreseeable leave. A "Request for Family /Medical Leave" form
should be completed by the employee and returned to Human
Resources. In unexpected or unforeseeable situations, an
employee should provide as much notice as is practicable,
followed by the completed form. The notice must indicate that
(1) the employee is unable to perform the functions of the job or
that a covered family member is unable to participate in regular
daily activities; (2) the anticipated duration of the absence; and
(3) whether the employee intends to visit a health care provider
or is receiving continuing treatment.
B. If an employee fails to give 30 days notice of foreseeable leave
with not reasonable excuse, leave may be denied until 30 days
after the employee provides notice.
C. When planning medical treatment, an employee must make a
reasonable effort to schedule the leave so as not to unduly
disrupt the City's /Department's operations.
D. In the event of leave to attend to a qualifying exigency, the
employee shall provide as much notice as is reasonable and
practical under the circumstances.
E. An employee must complete a "Return to Work Certification"
form before he /she can be returned to active status. If an
employee wishes to return to work prior to the expiration of a
family or medical leave of absence, notification must be given
to the employee's supervisor at least five (5) working days prior
to the employee's planned return.
Employer Notice Requirements
A. Notice of Eligibility Rights: Within five (5) days after the
employee requests leave or after the City learns the leave may
Page 7 of 12 Section 4.05
be for an FMLA qualifying reason, Human Resources will
provide written notice stating whether the employee is eligible
for FMLA leave, and if not eligible, at least one reason why.
Supervisors will notify Human Resources as soon as possible
but no later than the next business day of any employee
requesting leave.
B. Notice of Designation of Leave: Within five (5) days after the
employee requests leave or after the City learns the leave may
be for an FML- qualifying reason, Human Resources will provide
a written notice stating whether leave is available, and notifying
the employee how much leave has been designated as FMLA
leave, and how much leave remains. For an unspecified leave,
Human Resources will update the notification every 30 days as
to how much leave was designated in the prior month, how
much was rejected, and how much leave remains. If any part
of the requested leave is not designated as FML leave, Human
Resources will provide written notice of and reason for denial.
Medical Certification
A. Certification of Serious Health Condition: For leaves taken
because of the employee's or a covered family member's
serious health condition, the employee must submit a
completed "Physician or Practitioner Certification" form and
return the certification to Human Resources. Medical
certification must be provided by the employee within 15 days
after requested. The certification must state the date on which
the health condition commenced, the probable duration of the
condition, and the appropriate medical facts regarding the
condition. If the employee fails to provide adequate certification
within this time period, Human Resources will inform the
employee, in writing, what additional information is necessary
and will allow the employee at least seven days to correct the
certification. The City may delay leave until such certification is
produced. In the case of medical emergency, the employee
must submit certification as soon as is reasonably possible. If
the employee is needed to care for a spouse, child, or parent,
Page 8 of 12 Section 4.05
the certification must so state along with an estimate of the
amount of time the employee will be needed. If the employee
has a serious health condition, the certification must state that
the employee cannot perform the functions of his /her job.
B. The City May Require Second Opinion: The City of Pearland
may require a second or third opinion (at its own expense),
periodic reports on status and intent to return to work, and a
fitness- for -duty report to return to work.
C. Certification Related to Active Duty or Call to Active Duty: The
employee requesting leave related to a family member's active
duty or call to active duty shall provide supporting
documentation of such status issued by the applicable Armed
Services branch.
D. Certification for Extended Service member Family Leave:
Employees requesting extended Service member Family Leave
must provide documentation of the injury, recovery or need for
care, such as the military medical information, orders for
treatment, or other official Armed Forces communication
showing that the injury or illness was incurred on active military
duty and renders the member medically unfit to perform military
duties. An employee requesting Leave must submit a verifying
medical certification from a physician providing: (1) the date on
which the serious health condition commenced, (2) the
probable duration of the condition, (3) appropriate medical facts
regarding the condition and its duration; and, (4) that the
covered service member is medically unfit to perform the duties
of the member's office, grade, rank, or rating. If medical
certification is not immediately available, the certification may
be submitted within 30 days. An attachment from the
Department of Defense for the injured service member should
also be included with medical certification, when possible. If not
immediately available, the City of Pearland may, in its sole
discretion, permit the eligible employee to commence an FMLA
leave; however, required certification must be provided within
five (5) business days or the City of Pearland may deny FMLA
Page 9 of 12 Section 4.05
designation to the leave. However, the City of Pearland, in its
sole discretion, retains the right to designate any leave as
FMLA leave retroactively.
E. Confidentiality of Medical Records: Documentation related to
the employee's or family member's medical condition will be
held in strict confidence and maintained n the employee's
medical records file.
Effect on Benefits
A. An employee granted a leave under this policy will continue to
be covered under the City's group health insurance plan with
the same conditions as if the employee had been continuously
employed during the leave period.
B. Employee contributions will be required either through payroll
deduction or by direct payment to the City. The employee will
be advised in writing at the beginning of the leave period as to
the amount and method of payment. Employee contribution
amounts are subject to any change in rates that occurs while
the employee is on leave.
C. If an employee's contribution is more than 30 days late, the City
may terminate the employee's insurance coverage.
D. If the employee fails to return from unpaid leave for reasons
other than (1) the continuation of a serious health condition of
the employee or a covered family member or (2) circumstances
beyond the employee's control (certification required within 30
days of failure to return for either reason), the City will seek
reimbursement from the employee for the portion of the
premiums paid by the City on behalf of that employee
(employer contribution) during the period of leave.
E. An employee is not entitled to seniority or benefit accrual during
periods of unpaid leave, but will not lose benefits already
Page 10 of 12 Section 4.05
accrued prior to the start of the leave. Paid time off does not
accrue while on unpaid leave.
Job Protection
A. If the employee returns to work within 12 weeks following a
family /medical leave (or 26 weeks if combined with Service
member Family Leave), he /she will be reinstated to his /her
former position or an equivalent position in terms of pay,
benefits, status and authority.
B. The employee's restoration rights are the same as they would
have been had the employee not been on leave. If the position
would have been eliminated or the employee would have been
terminated but for the leave, the employee does not have the
right to reinstatement upon return from leave.
C. If the employee fails to return to work by the previously agreed
upon date, in absence of further communication, he /she will be
considered to have abandoned the job and will subject the
employee to immediate termination unless an extension has
been granted. An employee who requests an extension of
family leave or medical leave due to the continuation,
recurrence or onset of his /her own serious health condition, or
of the serious health condition of the employee's spouse, child,
or parent, must submit a request for an extension, in writing, to
Human Resources at least (10) working days prior to the start
of the requested extension period or as soon as the employee
realizes that he /she will not be able to return at the expiration of
the leave period.
D. The City of Pearland cannot guarantee an employee will be
returned to his or her original job. The City Manager, Human
Resources, and the Legal Department will make a
determination as to whether a position is an "equivalent
position "Highly compensated employees" or "key employees"
are defined by the FMLA as salaried, eligible employees who
are among the highest paid 10 percent of the employer's
Page 11 of 12 Section 4.05
employees within 75 miles of the facility where the employee
works.
E. Employees on Family and Medical Leave may not perform work
for any other employer during that leave. Failure to comply
with this rule shall result in termination.
Unlawful Actions and Enforcement of FMLA Rights
It is unlawful for the City of Pearland to interfere with, restrain, or
deny the exercise of FMLA rights, or to discharge or discriminate
against anyone for opposing such unlawful practices or for
participating in a proceeding relating to FMLA. An employee may file
a complaint with the Department of Labor's Wage and Hour Division
or may bring a private lawsuit against an employer for violating
his /her rights under the FMLA.
Page 12 of 12 Section 4.05
DRAFT
--totr4 CHAPTER 6 SECTION 6.08(a)
T E X A S
CONDUCT DRUG FREE
WORKPLACE
PURPOSE
The City of Pearland recognizes that alcohol and /or drug use
increases risk of accidents, decreased productivity, and medical
expenditures. Therefore, the City has a vital interest in maintaining a
safe and efficient working environment. In order to achieve this
environment, City employees are prohibited from reporting to work or
work related activities under the influence of drugs and /or alcohol.
Participation in the Drug Alcohol program is a requirement of each
employee and is a condition of employment.
The City of Pearland maintains a zero tolerance policy. City
employees will be subject to testing and submission to and passing
tests are a condition of employment.
This policy applies to all employees and job applicants. No part of
this policy is intended to conflict in any way with the regulations set
forth by the DOT. If there is a conflict, D.O.T. employees are
responsible to follow the City's D.O.T. policy.
A. Prohibited Activities The following acts are prohibited and
employees who commit these acts shall be subject to
immediate separation from City employment.
1. Consumption of illegal drugs at any time.
2. Abuse or misuse of prescription or over the counter
(OTC) medication.
Page 1 of 10 Section 6.08(a)
3. Consumption of alcohol:
a. While on duty (includes hours worked and breaks)
b. Four hours prior to reporting to work.
c. Eight hours following an accident (or until tested).
d. During on -call status.
e. While wearing city apparel or uniforms.
4. Operating a City vehicle or equipment or conducting City
business while impaired by drugs or under the influence
of alcohol is prohibited.
5. The use or possession of alcohol or illegal drugs in a City
vehicle (whether on or off duty) is prohibited.
6. Unlawful manufacturing, distribution, dispensing,
possessing or using controlled substances in the
workplace.
Employees attending social functions in conjunction with
a training and /or conference may consume a moderate
amount of alcoholic beverages if the function does not
involve the use of a City vehicle and the employee's
conduct does not reflect poorly upon the City.
B. Testing to be performed Drug testing is conducted by
analyzing an employee's urine specimen at a certified lab. The
City may utilize other or additional testing methods if, in the
City's opinion, other methods may yield accurate results.
Alcohol testing will be conducted by breath analysis.
Testing will be conducted for prohibited drugs and drug
metabolites in the following circumstances:
Pre Employment
Random
Post Accident
Reasonable Suspicion
The following prohibited drugs will be tested for:
Marijuana (THC)
Opiates
Phencyclidine (PCP)
Cocaine
Amphetamines
Page 2 of 10 Section 6.08(a)
Any Other Controlled /Illegal Substances
Testing for alcohol will be conducted in the following
circumstances:
Post Accident
Reasonable Suspicion
Random
Pre employment
1. Pre Employment Testing All applicants (including part
time and seasonal) are subject to pre employment
testing. Any applicant who refuses the pre employment
test or yields a "positive" result will not be considered for
employment. If a pre employment test is cancelled by an
MRO for any reason, the applicant will be required to take
another one with a verified negative result within 24
hours. All employment offers are contingent upon passing
a drug screen (i.e., verified negative result).
A verified negative result must be obtained before an
employee begins employment. Applicants, who were
tested more than 90 days prior to beginning of
employment, must have a new pre employment test
performed with a verified negative result.
2. Random Employees in positions requiring CDLs or in
safety sensitive positions are subject to random testing.
Random testing selections are made using a scientifically
valid method (computer based random number generator)
and are spread reasonably throughout all periods of the
calendar year (all days and hours of operation). Each
employee subject to this policy will have an equal chance
of being tested each time random selections are made.
Dates and times for random testing are unannounced and
spread reasonably throughout the calendar year. The
Human Resources Benefits Coordinator will be the
Designated Employer Representative (DER) for the City
and will ensure all testing is conducted as required.
Human Resources will notify Supervisors when an
Page 3 of 10 Section 6.08(a)
employee has been randomly selected. Upon notification,
the Supervisor will ensure the employee proceeds to the
testing site as soon as possible.
An employee's refusal to submit to the random test when
notified, or failure to report to the lab within one (1) hour, will be
considered a test refusal.
3. Reasonable Suspicion A reasonable suspicion drug or
alcohol test will be conducted when a Supervisor or City
official has reason to believe that an employee is under
the influence of alcohol or drugs. Supervisors who
observe the employee must document all observations,
conversations, etc., related to the incident. Reasonable
suspicion must be based on specific, contemporaneous,
and particular observations concerning the appearance,
behavior, speech, and /or body odors of the employee.
Unless the supervisor directly observes the possession,
consumption or inhalation of alcohol or drugs, a second
City supervisor or director must also be notified and
concur in the employee's supervisor's reasonable
suspicion before testing can be compelled.
Characteristics indicating reasonable suspicion may
include, but are not limited to:
Abnormal or erratic behavior;
Inconsistent work quality and lowered productivity;
Physical symptoms such as glassy or bloodshot
eyes, slurred speech, unsteady gait, poor
coordination or reflexes;
Deteriorating personal appearance, hygiene, and
ability to get along with co- workers;
Odor of alcohol, marijuana, or other illegal
substances;
On-the-job injury or accident (see post accident
portion of this policy);
Direct observation of alcohol /drug use or
possession;
A motor vehicle accident
Page 4 of 10 Section 6.08(a)
Reasonable suspicion testing for alcohol must be
administered within eight (8) hours after observation;
otherwise attempts to administer the test will cease and
documented why the test was not administered.
Reasonable suspicion testing for drugs should be
conducted as soon as practicable but no later than 24
hours after observation; otherwise attempts to administer
the test will cease documenting why the test was not
administered.
Employees being ordered for reasonable suspicion
testing will be transported to the testing facility by either
their direct supervisor, another supervisor from the same
division /department or the department director. The
employee will not be allowed to drive themselves. If an
event giving rise to reasonable suspicion occurs after
normal business hours, the supervisor will transport the
employee directly to the City's designated facility for
testing. The City will make arrangements to have the
employee transported home after the testing is complete.
While waiting for the results of a reasonable suspicion
test, an employee will be placed on administrative leave
pending the outcome of the tests and any investigation.
The employee will not return to the workplace until they
have been authorized to do so by the Benefits
Coordinator, the Human Resources Director or their direct
Supervisor.
An employee who refuses to submit to a reasonable
suspicion test will be considered insubordinate (please
refer to the Test Results section for more information). If
this situation arises, the employee will be verbally advised
that successful drug /alcohol screens are a condition of
employment. If an employee requests the option to resign
prior to taking a reasonable suspicion alcohol /drug test,
they may be allowed to do so. However, they will not be
eligible for benefits and will not be considered for re-
employment.
Page 5 of 10 Section 6.08(a)
4. Post Accident Testing All City employees who are involved
in motor vehicle, equipment or injury accidents /incidents
while in the course and scope of their employment, are
subject to post accident drug /alcohol testing. All employees
must remain readily available for testing after an accident.
An employee refusing to submit to a post accident
alcohol /drug test will be considered insubordinate.
Employees whose behavior could have contributed to the
accident will also be tested.
Because of potential exposure to liability post accident
testing will be conducted under City Policy. Any employee
involved in motor vehicle, equipment or injury
accidents /incidents while in the course and scope of their
employment will be required to submit to a drug /alcohol test.
Post Accident Alcohol Testing Time Limits Post Accident
testing for alcohol must be administered as soon as
practicable but no later than eight (8) hours after the
accident; otherwise attempts to administer the test will cease
and why the test was not administered will be documented.
An employee will not return to duty or perform job functions
until a verified negative alcohol result is received.
Post Accident Drug Testing Time Limits Post Accident
testing for drugs must be conducted as soon as practicable
but no later than 24 hours after the incident; otherwise
attempts to administer the test will cease and why the test
was not administered will be documented. An employee will
not return to duty or perform job functions until a verified
negative drug result is received.
Post accident testing may be delayed while the employee
assists in resolution of the accident or receives medical
attention following the accident.
Page 6 of 10 Section 6.08(a)
C. Test Results Test results will be classified as Negative,
Positive, or Test Refusal:
Negative Verified negative result is acceptable for
drug testing. For alcohol, a verified test result below
0.04 is acceptable.
Positive Per City policy, all tests producing
positive results will result in termination. The
following test results will constitute a positive result:
o Verified positive result for drugs.
o Verified BAC (Breath Alcohol Content)> 0.04.
Test Refusal Per City policy, the submissions to
alcohol and drug testing is a condition of
employment, a refusal to submit to appropriate
testing will be considered insubordination. Test
refusals are considered as positive test results and
will result in termination of employment. An
employee will be deemed to have refused to take an
alcohol /drug test if:
o They fail to appear for a test within a
reasonable time, as defined by the employer.
o They fail to remain at the testing site until the
testing process is complete.
o They fail to provide a breath or urine
specimen as required.
o They fail to permit an observed or monitored
collection specimen when required.
o They fail to provide a sufficient amount of
volume with no valid medical explanation.
o They fail or decline to take an additional
drug /alcohol test as directed by the employer
or collector.
o They fail to undergo a medical exam or
evaluation when required.
o They fail to cooperate with any part of the
testing process (i.e., refusal to empty pockets,
wash hands, remove hat, etc.).
o The MRO reports the presence of a verified
adulterated or substituted test result.
o They refuse to sign Step 2 of the Alcohol Test
Form (ATF).
Page 7 of 10 Section 6.08(a)
o They leave the scene of an accident without
just cause prior to submitting to a test.
Positive drug test will be reviewed by the Medical Review
Officer (MRO) who will contact the employee and conduct
an interview to determine if there is an alternative medical
explanation for the positive test result. If the employee
provides appropriate documentation and the MRO
determines there is a legitimate medical use of the
substance, the test result will be reported to the City as
negative.
D. Notification of Test Results The City's testing facility will notify
the City of any negative results. The MRO will notify the
employee and the City of any verified positive results.
E. Retesting the following outcomes will result in retesting:
Test Result Outcome
Negative Dilute (creatinine Retest will be done unobserved
level is 5 mg /di)
Negative Dilute (creatinine Retest will be done under direct
level is between 2 -5 mg /di observation
Fatal flaw rejected Retest will be done under direct
observation
Invalid result (without Retest will be done under direct
medical explanation) observation
Primary is positive Retest will be done under direct
adulterated /substituted observation
and split is unavailable or
invalid
Primary is positive and Test is considered cancelled
split test fails to reconfirm
F. Consequences Employees, whose test result is positive for
drugs or alcohol, will be immediately placed on administrative
leave pending verified results and any decision regarding
disciplinary action. The City of Pearland has a "zero" tolerance
policy and employees with positive test results will be
Page 8 of 10 Section 6.08(a)
terminated under City policy. An employee who violates this
policy will not be considered for re- employment.
An employee who is tested and has an alcohol concentration of
.02 to 0.39 will not be permitted to perform job functions for a
minimum of twenty -four (24) hours and will be disciplined under
City Policy. If a tested employee has an alcohol concentration
of .04 or greater they will be terminated.
G. Prescription and Over the Counter (OTC) Medications Some
prescriptions and OTC medications may adversely affect an
employee's ability to perform their job safely. The employee is
responsible for discussing their job duties with their physician.
The physician is responsible for evaluating the employee's
ability to safely perform their job duties. Employees who are
medically disqualified from performing their job duties while
taking medication will immediately notify their supervisor and
the Benefits Coordinator or Director of Human Resources. All
employees are required to notify their supervisor when taking
any prescription or non prescription medication that may
interfere with the safe performance of their job duties. The
supervisor may either temporarily re- assign them or place them
on sick leave. Re- assignment is not to be considered a
permanent appointment and is to be temporary in nature with a
specific ending date. Failure to comply may result in disciplinary
action up to and including termination of employment.
Employees should read all warning labels for OTC medications
and should seek alternatives to those that indicate they affect
mental functioning, motor skills, or judgment. Employees are
encouraged to seek assistance from their physician or
pharmacist in identifying alternative medications or treatments.
Employees should never misuse OTC medicines by taking
them longer or in higher doses than the label recommends.
Some medicines may interact with food and beverages, as well
as with health conditions such as diabetes, kidney disease, and
high blood pressure. Employees must read the warning labels
to find out what foods or situations to avoid when taking the
medication. If employees are taking more than one OTC
Page 9 of 10 Section 6.08(a)
medication, compare the active ingredients. Employees should
not take two medicines with the same active ingredients unless
instructed by their physician or other healthcare professional.
H. Employee Admission of Drug /Alcohol Use An employee who
admits to alcohol misuse or drug use must do so in accordance
with the policy and the City's Employee Assistance Program
(EAP); provided the employee may not self identify in order to
avoid the testing requirements of this policy. The employee
must make the admission prior to performing a job function
(prior to reporting to duty). After admission, the employee may
not perform their job function until the City is satisfied that the
employee has been evaluated and has successfully completed
educational and treatment requirements. A drug and alcohol
abuse evaluation expert, i.e., an EAP professional, SAP, or a
qualified drug and alcohol counselor will determine successful
completion. Prior to the employee resuming their job duties, the
employee must undergo a return to duty alcohol test with a
result of less than 0.02 and /or a return to duty drug test with a
negative test result.
I. Confidentiality All information relating to alcohol or drug
testing will be protected by the City of Pearland as confidential
unless disclosure is otherwise authorized by law or authorized
in writing by the employee. All results will be maintained in a
confidential file within the Human Resources Department.
J. Record Retention Drug /Alcohol testing results will be
maintained under this policy by the Human Resources
Department for three (3) years as the law allows.
K. Contact Questions regarding this policy should be directed to
the Benefits Coordinator at 281 652 -1617 or Human Resources
at 281 652 -1656.
Page 10 of 10 Section 6.08(a)
DRAFT
CHAPTER 6 SECTION 6.08(b)
T F A
CONDUCT DRUG AND ALCOHOL
POLICY DOT
PURPOSE
The City of Pearland recognizes that drug and alcohol abuse
increases risk of accidents; decreased productivity, and medical
expenditures. Therefore, the City has a vital interest in maintaining a
safe and efficient working environment. In order to achieve this
environment, City employees are prohibited from reporting to work or
work related activities under the influence of drugs and /or alcohol.
Participation in the Drug Alcohol Program is a requirement of each
employee and is a condition of employment.
The City of Pearland employs persons in positions that are regulated
by the U.S. Department of Transportation (DOT). City employees
who drive a commercial motor vehicle requiring a Commercial
Driver's License (CDL) as a part of their duties are subject to alcohol
and drug testing as mandated by DOT, Federal Motor Carrier Safety
Administration (FMCSA), and Federal Transit Administration (FTA),
and as outlined in this policy. The City will comply with the regulations
set forth by the DOT.
In order to assure compliance with related regulations, employees are
to defer to 49 CFR, Parts 40, 382, and 655 of the DOT regulations
regarding testing, test administration, etc.
This policy applies to all employees and job applicants of positions
within the City of Pearland that are designated as DOT regulated
positions.
An employee is considered to be performing a safety sensitive
function during any period in which he/ she is actually performing,
Page 1 of 16 Section 6.08(b)
ready to perform, or immediately available to perform any safety
sensitive function and includes all times in which an employee begins
to work or is required to be in readiness to work (i.e., during on -call
status) until the time he /she is relieved from all responsibility for
performing work.
The City's designation of positions determined to be in DOT regulated
positions are determined by the job title and function. Generally,
positions requiring Commercial Drivers License (CDL) pursuant to the
FMCSA or the FTA are subject to DOT provisions. This policy is in
addition to, not in lieu of, the provisions of the City's Drug and Alcohol
Policy. DOT tests will be separate from non -DOT tests in all
respects. DOT tests take priority and will be conducted and
completed before a non -DOT test. Testing procedures that ensure
accuracy, reliability, and confidentiality of results will be followed
pursuant to DOT regulations.
A. Prohibited Activities- The following acts are prohibited and
employees who commit these acts shall be subjected to
immediate separation from City employment:
1. Consumption of illegal drugs at any time. Employees may
be tested anytime they are on -duty; off duty use may
result in an on -duty positive drug test.
2. Consumption of alcohol:
a. Four hours prior to performing a safety- sensitive
function.
b. Eight hours following an accident.
c. While on call.
d. Blood alcohol concentration of 0.04 or greater when
performing a safety- sensitive function.
3. Unlawful manufacturing, distributing, dispensing,
possessing or using controlled substance in the
workplace.
Page 2 of 16 Section 6.08(b)
B. Testing to be performed Drug testing is conducted by
analyzing an employee's urine specimen at a lab certified by
the U.S. Department of Health and Human Services. The
employee will provide a specimen in a location that affords
privacy. The "collector" divides the specimen into two bottles
(known as "split specimen in the presence of the donor, seals
and labels it, completes a chain of custody form, and prepares
the specimen and accompanying paperwork for shipment to a
drug testing laboratory.
Upon verification of a positive test result, the MRO will notify the
employee of the right to have the split specimen tested within
72 hours. The testing of the split specimen will be conducted at
the expense of the employee.
Testing will be conducted for prohibited drugs and drug metabolites in
the following circumstances:
Pre Employment
Random
Return to Duty/ Follow- Up
Post Accident
Reasonable Suspicion
The following prohibited drugs will be tested for:
Marijuana (THC)
Opiates
Phencyclidine (PCP)
Cocaine
Amphetamines
Page 3 of 16 Section 6.08(b)
Testing for alcohol will be conducted via breath analysis in the
following circumstances:
Random
Post Accident
Reasonable Suspicion
Return to duty /Follow -up
Whenever the term "drug," "drugs," or "controlled substances" are
used in this policy, it is in reference to the substances listed above.
The City will not test for any other substances under this policy. The
City may, however, test for other controlled substances pursuant to
its general Drug and Alcohol Policy.
1. Pre- Employment Testing- All applicants for employment
(including part-time and seasonal) are subject to pre-
employment testing.
a. If a pre employment test is cancelled for any
reason, the applicant will be required to take
another with a verified negative result. All
employment offers are contingent upon passing a
drug screen with a negative result and before
performing safety sensitive job duties.
b. Pre employment tests are also required when
employees are promoted, demoted, or transferred
into a DOT regulated position.
c. Previous Employer information the City is required,
with the applicant's written consent, to obtain
information from previous DOT regulated employers
for the past two years prior to the date of
application, promotion, or transfer. The City will ask
the previous employer for alcohol test results of
0.04 or greater, verified positive drug test results,
Page 4 of 16 Section 6.08(b)
refusals to test including verified adulterated or
substituted drug test results), and any other
violation of DOT drug and alcohol testing
regulations. The City will obtain and review the
information prior to hiring. The City will also ask the
applicant if they tested positive, or refused to test on
any pre employment drug or alcohol test
administered by an employer to which the employee
applied during the past two (2) years. If the person
admits to such a conduct, the applicant will not be
hired or if they are a currently employee, they will be
not permitted to perform safety- sensitive functions.
If the person refuses to provide the City with the
required written consent, they will not be hired or if
they are currently employed, will not be permitted to
perform safety sensitive functions.
d. If the previous employer's response is not obtained
within 30 days, the employee will not be allowed to
perform DOT functions unless there is
documentation of good faith efforts. Evidence of
successful completion of a rehabilitation program
must be provided from an applicant who previously
failed a DOT drug test. The City will maintain a
written, confidential record of the information it
obtains and /or the good faith efforts it made to
obtain the information and will retain it for a
minimum of three (3) years.
2. Random Random testing selections are made using a
scientifically valid method (computer based random
number generator) and are spread reasonably throughout
all periods of the calendar year (all days and hours of
operation). Each employee subject to this policy will have
Page 5 of 16 Section 6.08(b)
an equal chance of being tested each time random
selections are made. The number of employees
randomly selected will be in accordance with applicable
DOT regulations. Each employee randomly selected for
testing will be tested during the selection period. Each
employee selected for random testing must proceed to
the test site immediately after notification. If the employee
is performing a safety- sensitive function at the time of
notification, the City will ensure that the employee ceases
to perform the safety- sensitive function and proceeds to
the testing site within one (1) hour. Refusal to submit to
random testing when notified or failure to report to the
designated lab within one (1) hour will be considered a
test refusal. The Benefits Coordinator will be the
Designated Employer Representative (DER) for the City
of Pearland and will ensure all testing is conducted as
required.
3. Reasonable suspicion A reasonable suspicion test will
be conducted if trained supervisor has reason to believe
that an employee is in violation of this policy and the
trained supervisor completes the "Supervisor's Checklist
for Reasonable Suspicion" form. The reasonable
suspicion must be based on specific, contemporaneous,
and particular observations concerning the appearance,
behavior, speech, and /or body odors of the employee.
a. Reasonable suspicion alcohol testing is permitted
only if the reasonable suspicion observation is
made during, just before, or just after, the period of
the work day the employee is required to be in
compliance with this policy. If reasonable suspicion
alcohol testing cannot be administered within two
(2) hours after observation, a written statement
Page 6 of 16 Section 6.08(b)
explaining why the test was not promptly
administered must be given to the Director of
Human Resources. If reasonable suspicion alcohol
testing cannot be administered within eight (8)
hours after the observation, the City will cease
attempts to administer the test and document why
the test was not administered.
b. Reasonable suspicion drug testing will be
conducted as soon as practicable but no later than
24 hours after the reasonable suspicion
observation. If the employee is not tested within 24
hours, the supervisor must submit a written report
documenting the reason why to the Director of
Human Resources.
c. Employees being ordered for reasonable suspicion
testing will be transported to the testing facility by
either their direct supervisor, another supervisor
within the department or their director. The
employee will not be allowed to drive themselves. If
a reasonable suspicion occurs after hours, the
supervisor will transport the employee directly to the
City's designated facility for testing. The City will
make arrangements to have the employee
transported home after the testing is complete.
d. If a DOT regulated employee refuses to submit to a
reasonable suspicion test, they will be verbally
advised that successful drug /alcohol tests are a
condition of employment.
e. While waiting for the results of a reasonable
suspicion test, an employee will be placed on
Page 7 of 16 Section 6.08(b)
administrative leave with pay pending the outcome
of the test and subsequent investigation. The
employee should not return to the work place until
they have been contacted by the Benefits
Coordinator or their direct supervisor advising them
to do so.
4. Post Accident Testing In accordance with DOT 49 CFR,
Parts 40, 382, and 655, DOT regulated employees will be
tested following applicable incidents /accidents. Post
accident testing will include alcohol and drug testing.
When considering DOT post accident testing, all covered
employees whose performance could have contributed to
the accident will be tested (dispatcher, mechanic,
passenger, etc).
Employees must remain readily available for testing after
an accident. An employee will not return to duty or
perform safety sensitive job functions until a verified
negative alcohol and drug result is received. An
employee refusing a post accident test will be considered
a test refusal.
a. Post accident testing will be conducted in
accordance with DOT 49 CFR, Part 655.44
Regulations (FTA), if:
There is a fatality
One or more of the vehicles suffer disabling
damage that requires a tow away from the site
(disabling damage is damage that prevents
the vehicles from leaving the scene in its
usual manner, in daylight, after simple
repairs.)
An individual requires immediate medical
treatment away from the scene.
Page 8 of 16 Section 6.08(b)
Please refer to City policy Post Accident guidelines for more
testing requirements.
b. Post accident testing will be conducted in
accordance with DOT 49 CFR, Part 382.303
Regulations (FMCSA), if:
There is a fatality
The City driver/ operator is issued a citation
within 8 to 32 hours of the occurrence due to a
violation arising from the accident, tests will be
performed if:
An individual requires immediate
medical treatment away from the scene.
One or more of the vehicles suffer
disabling damage that requires a tow
away from the site (disabling damage is
damage that prevents the vehicles from
leaving the scene in its usual manner, in
daylight, after simple repairs.)
Please refer to City policy Post Accident guidelines for more
testing requirements.
c. Time Limits
1) DOT Alcohol Post Accident Time Limits- Test
should be performed as soon as possible, but
no later than eight (8) hours following the
accident. Post accident testing is stayed while
the employee assists in the resolution of the
accident or receives medical attention
following the accident. If alcohol testing
cannot be performed within two (2) hours, the
reason for delay must be documented and
efforts must continue to administer the test. If
Page 9 of 16 Section 6.08(b)
alcohol testing cannot be performed with in
eight (8) hours, all attempts should cease and
documented as to the reason for the test
failure.
2) DOT Drug Post Accident Time Limits- Test
should be performed as soon as possible but
no later than thirty -two (32) hours following the
accident. Post accident testing is stayed while
the employee assists in resolution of the
accident or receives medical attention
following the accident. If the drug testing
cannot be performed with in the required time,
all attempts should cease and documented as
to the reason for the test failure.
5. Return to Work
a. If an employee is on leave for 90 days or more, they
are required to have a pre employment test
completed and passed prior to returning to duty.
b. Applicants who were tested more than 90 days prior
to performing safety- sensitive duties must have a
new pre employment test performed and passed
before performing safety- sensitive duties.
C. Test Results All Drug test results will be reviewed and
interpreted by a Medical Review Officer (MRO) before they are
reported to the City of Pearland. When a positive result is
received, the MRO will contact the employee and conduct an
interview to determine if there is an alternative medical
explanation for the drug(s) found in their urine specimen. If the
employee provides appropriate documentation and the MRO
Page 10 of 16 Section 6.08(b)
determines there is a legitimate medical use of the prohibited
drug(s), the test will be reported to the City as negative.
Test results will be classified as Negative, Positive or Test
Refusal:
Negative a verified negative result is acceptable for
drug testing. For alcohol, a verified test result below 0.04
is acceptable (per DOT regulations).
Positive The following test results will constitute a
positive result:
Verified positive result.
Verified BAC (Breath Alcohol Content) >0.04.
Test Refusal Test refusals are considered positive tests
results.
An employee is considered to have refused to take an
alcohol /drug test if:
They fail to appear for a test within a reasonable
time, as defined by the employer.
They fail to remain at the testing site until the testing
process is complete.
They refuse or fail to provide a breath or urine
specimen as required.
They fail to permit an observed collection specimen
when required.
They fail to provide sufficient amount of volume with
no valid medical explanation.
They fail or decline to take an additional
drug /alcohol test as directed by the employer or
collector.
They fail to undergo a medical exam or evaluation
when required.
Page 11 of 16 Section 6.08(b)
They fail to cooperate with any part of the testing
process (i.e. refusal to empty pockets, wash hands,
remove hat, are confrontational).
MRO verification of a test as adulterated or
substituted.
They refuse to sign Step 2 of the Alcohol Test Form
(ATF).
They leave the scene of an accident without just
cause prior to submitting to a test.
Although there are no consequences under DOT regulations for
a DOT regulated employee to refuse a non -DOT test, such a
refusal may warrant termination of employment under the City's
general Drug and Alcohol policy.
D. Notification of Test Results the City will notify applicants of
verified positive test results in writing. The City will notify an
employee of the results of random, reasonable suspicion, and
post- accident drug tests if the results are verified positive, and
also which controlled substance(s) are verified positive. The
City will also make reasonable efforts to notify any employee
who tested positive but is unreachable by the MRO. They will
be notified to contact the MRO within 72 hours.
E. Retesting- the following outcomes will result in retesting:
Test Result Outcome
Negative Dilute (creatinine level is Retest will be done unobserved
5 mg /dl)
Negative Dilute (creatinine level is Retest will be done under direct
between 2 -5 mg /dl) observation
Fatal Flaw rejected Retest will be done under direct
observation
Invalid result (without medical Retest will be done under direct
explanation) observation
Page 12 of 16 Section 6.08(b)
Primary is positive adulterated/ Retest will be done under direct
substituted and split is observation
unavailable or invalid
Primary is positive and split test Test is considered Cancelled
fails to reconfirm
Primary is adulterated/ Test is considered cancelled
substituted and split fails to
confirm adulteration/ substitution
Primary is positive and split fails Test primary for adulteration
to confirm but is adulterated
F. Consequences Employees who are found to be positive of
drug /alcohol substance will be immediately removed from
performing safety sensitive functions.
1. An employee who is tested and has a an alcohol
concentration of .02 to 0.39 will not be permitted to
perform safety sensitive functions for a minimum of
twenty- four (24) hours and will be disciplined under City
Policy. If a tested employee has an alcohol concentration
of .04 or greater, they will be terminated and receive
referral to a SAP.
2. Employees and applicants with positive results will be
provided with information regarding Substance Abuse
Professionals (SAPs).
3. An employee's refusal to submit to random testing when
notified, or failure to report to the lab within one (1) hour,
will be considered a test refusal. All test refusals (under
DOT regulations) are considered positives and will be
terminated from employment under City Policy.
Page 13 of 16 Section 6.08(b)
4. An employee's refusal to submit to reasonable suspicion
testing will be considered a test refusal. All test refusals
(under DOT regulations) are considered positives and will
be terminated from employment under City Policy. The
date the test refusal occurs will be the final work day of
the employee and they will not be eligible for discretionary
benefits.
5. Applicants who refuse to test or who yield a positive test
result, will not be considered for employment.
G. Prescription and Over the Counter (OTC) medications Some
prescriptions and OTC medications may adversely affect an
employee's ability to perform their job safety. Employees are
responsible for discussing their job duties with their physician,
expressly if they are a DOT regulated employee. For more
guidelines on OTC medications, please refer to the City Drug
and Alcohol Policy. An employee shall not report for duty
requiring the performance of safety sensitive functions if they
use any controlled substance except when the use is pursuant
to the instructions of a licensed medical practitioner who has
advised the employee that the substance will not adversely
affect the employee's ability to safely operate a commercial
motor vehicle.
H. Employee Admission of Drug /Alcohol Use An Employee who
admits to alcohol misuse or drug use must do so in accordance
with the City's Drug and Alcohol policy, provided the employee
may not self identify in order to avoid the testing requirements
of this DOT Policy. The employee must make the admission
prior to performing a safety sensitive function (prior to reporting
to duty). After admission the employee may not perform a
safety sensitive function until the City is satisfied that the
employee has been evaluated and has successfully completed
Page 14 of 16 Section 6.08(b)
educational and treatment requirements. A drug and alcohol
abuse evaluation expert, i.e. an EAP professional, SAP, or
qualified drug and alcohol counselor will determine successful
completion. Prior to the employee performing safety sensitive
functions, the employee must undergo a return to duty alcohol
test with a result of Tess than 0.02 and /or a return to duty drug
test with a negative test result.
I. Confidentiality All information relating to alcohol or drug
testing will be protected by the City of Pearland as confidential
unless otherwise required by law or authorized in writing by the
employee. All results will be maintained in a confidential file
within the Human Resources Department.
1. Records will be released to subsequent employers with a
written request from the covered employee. Without the
employee's written consent, records must be released only
to those who are authorized under DOT rules.
2. City employees who make a reasonable suspicion
observation or who witness an accident must also maintain
confidentiality. Breach of confidentiality relating to test
results, or any other related matters, will likely result in
disciplinary action, up to and including termination of
employment.
J. Records Retention The City will maintain records under this
policy as mandated by DOT regulations.
K. Education and Training Per DOT regulations, DOT regulated
employees will receive 60 minutes of training on the effects and
consequences of prohibited drug use on personal health,
safety, and work environment, and the signs and symptoms
that may indicate prohibited drug use.
Page 15 of 16 Section 6.08(b)
DOT Supervisors and /or employees authorized by the employer
to make reasonable suspicion determinations will receive 60
minutes of training on the physical, behavioral and performance
indicators of probable drug use and 60 minutes of training on
the physical and behavioral, speech, and performance
indicators of probable alcohol misuse. Supervisors must also
be trained in the proper procedures for confronting and referring
the employee for testing.
This training will be conducted /coordinated by Human
Resources.
L. Contact Questions regarding this policy should be directed to
Benefits Coordinator at 281 652 -1617.
Page 16 of 16 Section 6.08(b)
Agenda Request Addendum
For
November 23, 2009 Council Meeting
Below is additional information as to what is changed from the current policy items on
the agenda. The information is listed as it appears on the agenda request.
Section 2.12
Current Proposed
Title Disabilities Americans with Disabilities Act
Provisions
Content Content is very broad, elements Content more specific as outlined by
include: updated Americans with Disabilities
• City will not employees with Act (ADAAA), elements include:
disabilities any different; • City will not discriminate;
• Employee should request • Specifically defines disability;
accommodation; • Outlines how the determination
• City will maintain of an impairment will be made;
confidentiality; • How medical information is
• City will comply with treated
applicable occupational • What to do if have a complaint
safety regulations and not subject to retaliation.
• Impose discipline on
employees who refuse to
work with people with
serious disease
Section 4.05
Current Proposed
Title Family and Medical Leave (FMLA) Family and Medical Leave (FMLA)
Content Provides a general outline of the The format for the Act is reformatted
elements of the FMLA, elements in effort to make it easier to
include: understand, elements include:
• Purpose of the Act; • Purpose of the Act;
• Eligibility requirements and • Eligibility requirements and
reasons for leave; reasons for the leave;
• Procedure for requesting • Definitions section;
leave; • Coverage and Eligibility;
• Medical Certification for • Intermittent or Reduced Leave;
Leave; • Use of Paid Leave;
• Benefit Coverage During the • Employee Notice Requirement;
Leave; • Employer Notice Requirement;
• Restoration to Employment • Medical Requirement;
and return from Leave; • Effect on Benefits;
• Failure to return from Leave • Job Protection;
• Unlawful Actions and
Enforcement of FMLA Rights
Section 6.08
Current Proposed
Title Drug Free Workplace a-Drug Free Workplace b- Drug and
Alcohol Policy— DOT
Content Outlines the City's desire to have a Policy completed Revised; separated,
drug free workplace. Provides a elements include:
section in another part of the 6.08(a)
handbook that is more specific, • Outlines City policies for ALL
elements include: employees;
• Purpose; • More specific with regard to
• General Prohibitions; prohibited activities;
• On-Call Employees; • Testing to be performed, when
and under what circumstances;
2
e • ,
• Off-Duty Conduct; • Test results and when retesting
• Mandatory Disclosure by may be necessary;
Employees; • Consequences and the City's
• Rehabilitation/Treatment; zero tolerance policy;
• Policy Violations • Prescriptions and over-the-
' counter medications;
• Employee Admission of
Drug/Alcohol Use;
• Confidentiality;
• Record Retention;
• Contact Information
6.08(b)
• Outlines procedures as required
by Department of Transportation
(DOT) for CDL license holders;
• Prohibited Activities;
• Testing to be performed, when
and under what circumstances;
• Pre-employment testing and the
requirement for previous
employer test information;
• Time limits for testing;
• Test results and when retesting
is required;
• Consequences;
• Employee Admission of
Drug/Alcohol Use;
• Confidentiality;
• Records Retention;
• Education and Training
Requirements;
• Contact Information
3