PPMR 11-01 Section 10 2 Drug and Alcohol Free Workplace-revised 3-3-2011
Number: 11-01
Subject: Drug and Alcohol-
Free Workplace
Date: March 3, 2011
Village of North Palm Beach
Revised: Sections 10.2.2(Q),
10.2.4(B), and 10.2.8(A)
NPB Policy Manual last
revised November 4, 2008
POLICY AND PROCEDURES MANUAL REVISION
10.2 DRUG AND ALCOHOL-FREE WORKPLACE
10.2.1 Purpose and Scope:
A.The Village of North Palm Beach hereby affirms its commitment to maintaining a drug-
free workplace. The term "drug-free" includes "alcohol-free."
B. This policy is intended to:
1. Promote the goal of drug and alcohol-free work places within the Village through fair
and reasonable drug testing methods for the protection of the Village employees and
the Village.
2. Encourage the Village to provide employees who have drug use problems with an
opportunity to participate in an employee assistance program or an alcohol and drug
rehabilitation program.
3. Provide for confidentiality of testing results.
C. The established drug-free work place policy implements the provisions of Fla. Stat. §§
440.101 and 440.102 and rules of the Agency for Health Care Administration (the Drug-
Free Workplace Standards set forth in Fla. Admin. Code rules 59A-24.003 – 59A-
24.008) and the provisions of the current employee collective bargaining agreements.
1. Before testing is initiated under this Policy, each current employee, applicant, and
volunteer will be provided a copy of a policy statement/notice, which is incorporated
in this policy by reference in compliance with Fla. Stat. § 440.102(3)(a).
2. Pursuant to Fla. Stat. § 440.102(3)(b), there will be a 60-day period between the
notice to employees, applicants, and volunteers that a drug-testing program is being
implemented, and the beginning of actual drug testing. For good measure, the Village
will issue a second notice to employees during that 60-day period.
3. This Policy shall apply to all Village employees, job applicants, and volunteers, as
defined in section 10.2.2 below, except those subject to the standards and procedures
contained under 49 C.F.R. part 40 that requires separate drug tests. All job applicants
will be provided a copy of a drug-free workplace notice with a conditional offer of
employment and all volunteers will be provided a copy of the notice before any
volunteer activities are performed. Each employee will sign an acknowledgment of
receipt and understanding of the drug-free workplace policy statement/notice, and
that acknowledgment will be retained in the employee’s personnel file. Copies of a
drug-free workplace notice shall be posted in prominent locations in Village
buildings.
D. Through the establishment of a standard drug-testing program, all employees, job
applicants, and volunteers shall be subject to drug testing as a condition of employment
or may be a condition of commencing volunteer activities under the terms and
circumstances described in this policy. Employees who violate this policy shall be
subject to disciplinary action, up to and including termination of employment, consistent
with the applicable collective-bargaining agreement, if any. Job applicants who violate
this policy will not be hired; and volunteers who violate this policy will not be allowed to
perform further volunteer service.
E. Prohibited under this policy is the unlawful manufacture, distribution, dispensation,
possession, or use of drugs (including alcohol or controlled substances), as defined by
Fla. Stat. Chapter 893, on Village property or vehicles or while on duty. The only
exception being off-duty alcohol use by non-Food & Beverage Division employees at the
Village restaurant as defined by Section 10.2.4.B of this policy, “Off-the-Job.”
F. Reporting for duty or remaining on duty under the influence of drugs (alcohol or a
controlled substance) is prohibited, except when the use of a controlled substance is
pursuant to the prescribed instructions of a licensed medical practitioner who has advised
the individual that the substance will not adversely affect the individual’s ability to safely
perform all assigned duties.
G. Off-the-job use or involvement with illegal drugs, alcohol, or other controlled substances
may also subject an employee to disciplinary action under applicable Village policies
and/or the applicable collective-bargaining agreement, if any.
H. Through the implementation of this policy, the Village intends to comply with and be
subject to current and future requirements contained in the Drug-Free Workplace Act of
1988 and Fla. Stat. §§ 440.101 and 440.102 and 49 C.F.R. part 40 as it applies to
employees in safety-sensitive positions.
10.2.2 Definitions:
For the purpose of this Policy, the following terms shall be defined as indicated:
Alcohol -
A.Any beverage, prescription, over-the-counter medication, or other product
containing any form of alcohol, including, but not limited to, ethanol, methanol,
propanol, and isopropanol.
Alcohol Use -
B.The drinking or swallowing of any beverage, liquid mixture, or
preparation (including any medication) containing alcohol.
Alcohol Test -
C.Analysis of a blood sample to determine the blood alcohol level (BAL),
as distinguished from the more general term "drug test."
Blood Alcohol Level
D. - The alcohol level as expressed in terms of milligrams of alcohol
per 100 milliliters of blood; "0.04" indicates four tenths of a percent of the blood serum
in the sample is alcohol. Blood samples will be used for both initial and confirmation
testing for BAL under this Policy.
Chain of Custody
E. - The procedure used to account for the integrity of each urine
specimen by tracking its handling and storage from point of specimen collection to final
disposition for all specimens by an appropriate drug testing custody form that documents
custody of the specimen from collection to receipt by the laboratory and handling of the
sample or sample aliquots (a portion of a specimen used for testing) within the
laboratory.
Confirmation Test for Alcohol
F. - A second test (following an initial alcohol test with a
result of four one-hundredths BAL (0.04) or greater) that provides specific quantitative
data for alcohol.
Confirmation Test for Drugs (Other than Alcohol) -
G.A second analytical procedure,
following an initial drug test, used to confirm the presence of a specified drug or
metabolite in a specimen through a different technique and chemical principle from that
of the screen test to ensure specificity, sensitivity, reliability, and quantitative accuracy.
Gas chromatography/mass spectrometry ("GC/MS") is the only authorized confirmation
test for cocaine, marijuana, opiates, amphetamines, and phencyclidine.
Confirmed Test or Confirmed Drug Test -
H.A screening result confirmed by a second
analytical procedure used to confirm the presence of a specified drug or metabolite in a
specimen through a different technique and chemical principle from that of the screen
test to ensure specificity, sensitivity, reliability, and quantitative accuracy. Gas
chromatography/mass spectrometry ("GC/MS") is the authorized confirmation test for
cocaine, marijuana, opiates, amphetamines, and phencyclidine.
Drug Rehabilitation Program -
I.A service vendor that provides confidential, timely, and
expert identification, assessment, and resolution of employee drug abuse through the
Village’s Employee Assistance Program ("EAP").
Drug Test -
J.A chemical, biological, or physical instrumental analysis administered, by a
laboratory certified by the United States Department of Health and Human Services or
licensed by the Florida Agency for Health Care Administration, for the purpose of
determining the presence or absence of a drug (including alcohol) or its metabolites. The
Village shall pay for all drug tests, initial and confirmation, that it requires of employees.
Employees must pay for any additional tests not required by the Village. A urine sample
will be used for the initial and confirmation tests for all drugs and substances (except
alcohol, for which blood samples are used).
Drug (hereinafter, Drugs or Controlled Substance(s)) -
K.Alcohol, including a distilled
spirit, wine, a malt beverage, or an intoxicating liquor; an amphetamine; a cannabinoid;
cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate or narcotic; a
barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of
any of the substances listed in this subsection. The Village may test an individual for any
or all such drugs.
Employee -
L.The term "employee" means any person who works for the Village for
salary, wages, or other remuneration.
Employee Assistance Program ("EAP") -
M.An established program capable of providing
expert assessment of an employee’s personal concerns; confidential and timely
identification services for employee drug or alcohol abuse; referrals of employees for
appropriate diagnosis, treatment, and assistance; and follow-up services for employees
who participate in the program or require monitoring after returning to work.
First Offense -
N.An initial violation of this drug-free workplace policy whether it involves
drugs or alcohol.
Fitness for Duty -
O.As Fla. Stat. § 440.101(2) requires that "an employee \[shall\] refrain
from reporting to work or working with the presence of drugs or alcohol in his or her
body," for purpose of this policy "fitness for duty" means being in a mental and physical
condition appropriate for work, including but not limited to being sober in accordance
with this policy. The term also applies to applicants (meaning fitness to begin working
for the Village) and volunteers (fitness to continue serving in volunteer functions).
Initial Drug Test -
P.A sensitive, rapid, and reliable procedure to identify negative and
presumptive positive specimens, using a scientifically-accepted method approved by the
U.S. FDA or the Florida Agency for Health Care Administration.
Job Applicant -
Q.Any individual who has applied for a position with the Village and has
been offered employment conditioned upon successfully passing a drug test, and may
have begun work pending the results of the drug test; refers only to persons who have
applied for special-risk or safety-sensitive positions.
Medical Review Officer (MRO) -
R.A licensed physician, employed with or contracted by
the Village, who has knowledge of substance abuse disorders, laboratory testing
procedures, and chain of custody collection procedures; who verifies positive, confirmed
test results; and who has the necessary medical training to interpret and evaluate an
employee's positive test result in relation to the employee's medical history or any other
relevant biomedical information.
Positive Breath Test -
S.A test showing a concentration of four one-hundredths (0.04)
BAC or above.
Reasonable-Suspicion Drug Testing -
T.Drug testing based on a belief that an employee,
applicant, or volunteer is using or has used drugs in violation of this policy, drawn from
specific objective and articulable facts and reasonable inferences drawn from those facts
in light of experience.
Screening Test (also known as an Initial Test or Initial Drug Test) -
U.In alcohol
testing, an analytical procedure to determine whether an employee, job applicant, or
volunteer may have a prohibited concentration of alcohol in his/her system. In controlled
substance testing, an immunoassay screen to eliminate "negative" urine specimens from
further consideration.
Second Offense -
V.Any violation of this drug-free workplace policy (whether by alcohol
or other drugs) following the initial violation, whether either violation involves alcohol or
other drugs, constitutes the second offense.
Specimen -
W. Tissue, hair, or a product of the human body capable of revealing the
presence of drugs or their metabolites, as approved by the U.S. FDA or the Florida
Agency for Health Care Administration.
Substance Abuse Professional ("SAP") -
X.A person with knowledge of and clinical
experience in the diagnosis and treatment of drug-related disorders who evaluates
employees and makes recommendations concerning education, treatment, follow-up
testing, and aftercare.
Volunteer -
Y.An individual who offers services to the Village without remuneration.
10.2.3 Notice of Conviction
: An employee convicted of a violation of any criminal drug statute for
conduct that occurred on Village property shall notify the Human Resources office within
five (5) working days after the conviction.
10.2.4 Prohibited Conduct
: The following types of conduct are expressly prohibited for all
employees, applicants, and volunteers and shall result in disciplinary action up to and
including termination of employment (or termination of volunteer services), consistent with
the applicable collective-bargaining agreement, if any.
On-Duty -
A.No employee, applicant, or volunteer shall use drugs, including alcohol, while
performing their duties. The manufacture, distribution, dispensation, possession or use of
drugs (including alcohol) on Village property or while on duty is prohibited, except as
otherwise permitted in this policy under medical prescription.
Off-the-Job -
B.Off-the-job use or involvement with illegal drugs, abuse of lawfully
prescribed medications, alcohol abuse, or other controlled substances may subject an
employee to disciplinary action under applicable Village Policies and the applicable
collective-bargaining agreement, if any. The personal possession or use of drugs
(including alcohol) by employees of the Food & Beverage Division of the Country Club
Department is prohibited on Village property while on or off duty and in a Village-issued
uniform (whether on or off-duty), except as otherwise permitted in this policy under
medical prescription, or when off-duty in attendance at a Village-sponsored and
sanctioned event (i.e. employee holiday party). The personal possession or use of drugs
(including alcohol) by all other Village employees is prohibited on Village property
while on or off duty during normal business hours and in a Village-issued uniform
(whether on or off-duty), except as otherwise permitted in this policy under medical
prescription.
Controlled Substance(s)/ Drug/Alcohol Use or Abuse -
C.No employee or volunteer shall
report for duty or remain on duty while under the influence of, or impaired by, drugs
(including alcohol) as may be shown by the behavioral, speech, or performance
indications of use or abuse or any controlled substance except when the use is pursuant to
prescribed instructions of a licensed medical practitioner who has advised the individual
that the substance will not adversely affect the individual’s ability to safely perform all
work duties. As a condition of employment, employees are required to remain away from
the place of duty and off Village property if under the influence of drugs.
Alcohol Concentration -
D.No employee shall report for duty or remain on duty while
having a blood alcohol concentration of four one-hundredths (0.04) or more.
Use Following an Accident -
E.No employee or volunteer involved in an on-the-job
vehicular or other work-related accident shall use alcohol for eight (8) hours following
the accident, or until after undergoing a post-accident alcohol test, whichever occurs first.
Refusal to Submit to a Required Drug Test -
F.Following an on-the-job vehicular or
other work-related accident, no employee shall refuse to submit to a post-accident drug
(alcohol or controlled substances) test; nor shall an employee refuse to submit to a
reasonable suspicion drug test, a fitness for duty drug test, or a follow-up drug test.
Failure to complete and sign testing form(s), to provide an adequate specimen, or other
failure to cooperate with the testing process in a way that prevents the completion of the
test shall be considered a refusal to test and shall be deemed a positive test result. Any
attempt to adulterate a specimen or provide a specimen that is adulterated shall also be
considered a refusal to test and will be deemed a positive test result. Any obstruction to
and lack of cooperation with the testing process shall be considered a refusal to test and
deemed a positive test result.
Testing Positive -
G.No employee or volunteer shall report for duty or remain on duty after
testing positive for alcohol or other drugs, until cleared to return. While waiting for
clearance, the employee shall be placed in a non-duty status. From the time the test is
confirmed positive, the non-duty status shall be unpaid; but the employee shall be given
the option of using any accumulated annual or compensatory time leave credits before
the leave is ordered to be without pay (unless the employee is incarcerated, in which case
annual or compensatory leave is not an option), and the Village will restore the leave
hours taken (or the unpaid wages if leave hours were not used) if an appeal shows the
confirmed positive test was due to another reason such as prescription or nonprescription
medication lawfully taken.
10.2.5 Testing Procedures
: All drug testing will be conducted by a Village designated laboratory
that is licensed and approved by the Agency for Health Care Administration (AHCA) or is
certified by the U.S. Department of Health and Human Services. The testing will be
conducted with appropriate chain of custody procedures as specified by AHCA to ensure
accuracy and continuity in specimen collection, handling, transfer, and storage.
10.2.6 Referral for Testing
: Appropriate notification and testing forms will be provided to
employees, job applicants, and volunteers before drug testing.
10.2.7 Voluntary Self-Referral/Rehabilitation
: At any time before notification of a required test,
an employee is encouraged to contact the Village’s EAP for voluntary treatment of a
substance problem. Such employees may be required to submit to compliance testing as part
of the treatment program. Voluntary self-referral made at the time of notification shall not
excuse an employee from required drug/alcohol testing, nor shall it negate a positive result
from such test. An employee will not be subject to discharge or disciplinary action solely on
the basis of voluntary self-referral for treatment.
10.2.8 Kinds of Testing
: Random testing of employees shall not be conducted, except those
employees that hold CDL licenses for job duties and subject to the standards and procedures
contained under 49 C.F.R. part 40 that requires separate drug tests. To maintain a drug-free
work environment, the Village will test for the presence of drugs, including alcohol, in the
following circumstances:
A. Pre-Employment Screening: Pre-employment screening will be required of all job
applicants for safety-sensitive or special-risk positions and/or as required by the
Department of Transportation (“DOT”) for CDL-bearing positions before employment
with the Village. Any job applicant who tests positive in the pre-employment screening
for a drug as defined in this Policy will not be hired and is not eligible to re-apply for
employment with the Village for one year following the confirmed positive test.
B. Reasonable Suspicion:
1. All employees/applicants/volunteers who are determined to be under reasonable
suspicion of drug use are required to take a drug test. Reasonable suspicion shall be
determined by a supervisor at least one level above the individual to be tested. The
circumstances supporting that determination must be drawn from specific objective
and articulable facts that shall be documented in writing. Reasonable suspicion may
include, but is not necessarily limited to, the following examples:
a. Observable phenomena while at work, such as direct observation of drug use or of
the physical symptoms or manifestations of being under the influence of a drug.
Physical symptoms or manifestations may include, but are not limited to, slurred
speech, alcohol odor on breath, unsteady walking and movement, poor
coordination and/or reflexes, glassy or bloodshot eyes, physical altercations,
verbal altercations, or unusual behavior
b. Abnormal conduct or erratic behavior while at work or a significant deterioration
in work performance
c. Credible documented evidence that an individual has tampered with a drug test
during the term of employment
d. Credible documented information that an employee has caused, or contributed to,
an accident while at work; or
e. Credible documented evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or while on Village premises or
while operating the Village’s vehicle, machinery, or equipment.
2. Where testing is based on reasonable suspicion, the supervisor will detail in writing
the circumstances that formed the basis of the reasonable suspicion determination. A
copy of this written description shall be given to the employee/applicant/volunteer
upon request and the original documentation shall be kept confidential and exempt
from the provisions of Fla. Stat. § 119.07(1), as provided in Fla. Stat. § 440.102(8),
and retained for at least one year.
C. Post-Accident Reasonable-Suspicion Test:
1. As soon as practicable under the following circumstances, post-accident reasonable-
suspicion testing will be done on all employees/applicants/volunteers who are
involved as a driver in any vehicular accident while performing their duties:
a. On a surviving employee/applicant/volunteer when an accident results in loss of
human life. The employee/applicant/volunteer need not have been cited for a
moving traffic violation or deemed at fault to be subject to testing under this
paragraph
b. When an employee/applicant/volunteer receives a citation for a moving
violation(s) and one (1) or more of the vehicles involved in the accident is towed
from the scene of the accident; or
c. When an employee/applicant/volunteer receives a citation for a moving
violation(s) and one (1) or more persons involved in the accident received
medical treatment away from the scene of the accident.
2. An employee, applicant, or volunteer who is subject to reasonable suspicion post-
accident testing shall remain readily available for such testing. Failure or refusal to be
available for testing may be deemed by the Village as a refusal to submit to testing.
As stated in Fla. Stat. § 440.101(2), " it is a condition of employment for an employee
to refrain from reporting to work or working with the presence of drugs or alcohol in
his or her body and, if an injured employee refuses to submit to a test for drugs or
alcohol, the employee forfeits eligibility for medical and indemnity (workers
compensation) benefits." This provision shall not be construed as requiring the delay
of necessary medical attention for injured persons following an accident or impeding
an employee/applicant/volunteer from leaving the scene of an accident to obtain
necessary assistance in responding to the accident or to obtain necessary emergency
care.
3. If alcohol testing is not administered within eight (8) hours following an accident, the
Village may not conduct alcohol testing based on the accident provision. Likewise, if
other drug testing is not administered within thirty-two (32) hours following the
accident, the Village may not conduct controlled substance testing based on the
accident provision. The Village is required to document those instances when testing
is not timely conducted according to the time frames noted above.
4. Following an accident, the Village will provide the employee, applicant, or volunteer
transportation to a testing facility by a person designated for that purpose. After
testing, the employee/applicant/volunteer will be transported to their place of
residence.
5. An employee pending results of a post-accident drug test shall be placed in a non-
duty status and required to use annual or sick leave (the non-duty status shall be
unpaid if the employee does not have such leave hours available). If an alcohol test
yields a result of less than four one-hundredths (0.04) BAL or a controlled substances
test yields a negative result, the Village will restore the leave hours taken (or the
unpaid wages if leave hours were not used). A volunteer pending post-accident test
results will be placed in a non-duty status on a similar basis.
6. Notwithstanding the absence of a reasonable suspicion alcohol test under this section,
the Village shall not permit an employee or volunteer involved in an accident
described above to perform or continue to perform duties until:
a. An alcohol test is administered and the employee’s alcohol concentration
measures less than four one-hundredths (0.04) BAL; or
b. Twenty-four (24) hours have elapsed following the determination that there is
reasonable suspicion to believe that the employee has violated the prohibitions of
this policy concerning the use of alcohol.
7. The results of a post-accident drug test administered by federal, state, or local
officials having independent authority for the test may be used to satisfy this section,
provided the test complies with applicable federal, state, or local requirements and the
results of the test are timely obtained by the Village.
D. Fitness for Duty:For purposes of this policy, all employees or volunteers who are subject
to a fitness-for-duty medical examination may be required to take a drug test (including a
blood alcohol level test) as part of their medical examination.
E. Follow-up Testing:All employees who have successfully completed an employee
assistance program or a drug or alcohol rehabilitation program and return to duty must
submit to unannounced drug and alcohol tests at least once a year for a two-year (2-year)
period after completion of the program. Advance notice of a follow-up testing date must
not be given to the employee to be tested.
10.2.9 Results Reporting:
A.The MRO shall contact the tested employee, applicant, or volunteer directly on a
confidential basis before confirming a positive initial test result.
B. The MRO shall give the employee/applicant/volunteer an opportunity to discuss the
initial test result. If the MRO makes reasonable, documented efforts to reach the
employee/applicant/volunteer and is unable to do so, the MRO shall inform the Village’s
designated representative, who shall then direct the tested employee/applicant/volunteer
to contact the MRO as soon as possible.
C. If, after making all reasonable efforts, the Village’s designated representative is unable to
contact the employee/applicant/volunteer, the Village may place the employee on
temporary medically-unqualified status or medical leave (or may place an applicant or
volunteer on similar temporary status).
D. The MRO’s communication with the tested employee/applicant/volunteer is important to
the confirmation of a positive test result; however, in three (3) circumstances the MRO
will report a confirmation test result as positive to the Village without having
communicated directly with the employee/applicant/volunteer:
1. The employee/applicant/volunteer declines the opportunity to discuss the test with the
MRO
2. The Village representative has successfully contacted the tested
employee/applicant/volunteer and provided specific notice to communicate with the
MRO and more than five (5) working days have passed since the contact and notice
by the Village ; or
3. Neither the MRO nor the Village representative, after making all reasonable efforts,
has been able to contact the individual within fourteen (14) calendar days of the date
on which the MRO receives the confirmed positive test result.
E. Following the confirmation of a positive test result, the MRO shall refer the case to the
Village’s Human Resources Department for processing pursuant to Fla. Stat.
§.440.102(5)(h).
F. After the MRO’s reporting of a confirmed positive test result to the Village, the tested
employee/applicant/volunteer may contact the MRO and present information
documenting the reasons (serious illness, injury or other circumstances) that prevented
the employee/applicant/volunteer from communicating with either the MRO or the
Village representative regarding the initial test and the need for a confirmation test. The
MRO may, in such cases, reopen the confirmation determination and allow the individual
to present information concerning a legitimate explanation for the confirmed positive
test. If the MRO concludes that there is a legitimate explanation, the MRO will revise the
previous positive determination and declare the test to be negative.
G. The Village shall provide, upon request, a copy of the test results to the tested employee,
volunteer, or job applicant.
10.2.10 Challenges to Test Results
:
A. A positive test result does not automatically identify an employee/applicant/volunteer as
having used drugs in violation of this policy; therefore, providing the MRO (through, or
on behalf of, the Village) with detailed knowledge of possible alternative explanations is
important to the review of results and is the responsibility of the
employee/applicant/volunteer.
B. Pursuant to Fla. Stat. § 440.102(5)(h), within five (5) working days after receipt of a
positive confirmed test result from the MRO, the Village shall inform the
employee/applicant/volunteer in writing of such positive test result, the consequences of
such results, and the options available to the employee/applicant/applicant. One of those
options is that within five (5) working days after receiving notice of a positive confirmed
test result, the employee/applicant/volunteer may submit information to the Village (or
MRO in the Village’s stead) explaining or contesting the test result, and explaining why
the result does not constitute a violation of this Policy. If the
employee's/applicant’s/volunteer’s explanation or challenge of the positive test result is
unsatisfactory to the Village, or MRO on the Village’s behalf, a written explanation as to
why the explanation is unsatisfactory, along with the report of positive result, shall be
provided by the Village to the employee/applicant/volunteer.
C. Additionally, consistent with Fla. Stat. § 440.102(5)(h) and (6)(d), the MRO, on behalf of
the Village, shall notify an employee/applicant/volunteer whose test result has been
confirmed as positive of the right to request an independent analysis within seventy-two
(72) hours. If the employee requests the independent analysis within seventy-two (72)
hours, the MRO shall take appropriate action to direct the analysis. Such independent
analysis shall be conducted by "split specimen," at the
employee’s/applicant’s/volunteer’s expense, with sufficient specimen being retained for
later verification testing. If the employee/applicant/volunteer fails to contact the MRO
within seventy-two (72) hours but later contacts the MRO and presents information
documenting the reasons (serious illness, injury, inability to contact the MRO, lack of
actual notice of a confirmed positive test result or other circumstances) that prevented the
individual from timely contacting the MRO, the MRO may conclude that there is a
legitimate explanation for the employee’s/applicant’s/volunteer’s failure to contact the
MRO within seventy-two (72) hours and may direct the analysis of the split specimen.
D. The tested employee/applicant/volunteer shall bear the expense of any testing of a
specimen requested by that individual.
E. All aspects of the testing process, including any challenge to the testing process, will be
kept confidential to the extent allowed by law.
10.2.11 Disciplinary Action for Positive Test Results
: A positive test result shall require the
employee’s or volunteer’s immediate removal from duty.
A. No employee or volunteer shall perform duties after testing positive for drugs until the
terms specified in this Policy have been satisfied.
B. Employees whose test is confirmed positive for an unlawful controlled substance
(including a prohibited blood alcohol level) shall be subject to disciplinary action up to
and including termination of employment, consistent with the applicable collective
bargaining agreement, if any. Refusal to submit to a drug test shall be treated as a
positive test result.
C. Applicants who test positive for drugs will not be hired; and volunteers who test positive
will not be allowed to perform further volunteer functions.
D. Pursuant to Fla. Stat. § 440.101(2), "if a drug or alcohol is found to be present in the
employee's system at a level prescribed by rule adopted pursuant to this act, the employee
may be terminated and forfeits his or her eligibility for medical and indemnity benefits
(under Chapter 440)" consistent with Fla. Stat. §§ 440.102(12) and 440.102(5)(p).
10.2.12 Confidentiality
:
A. All medical information, interviews, reports, statements, memoranda, and test results
received or produced under the programs established by this Policy are confidential and
exempt from the provision of Fla. Stat. § 119.07(1). This information may not be used or
received in evidence, obtained in discovery, or disclosed in any public or private
proceedings, except as specified below or as required by law:
1. Upon written consent of the employee/applicant/volunteer tested (such a consent
must include the name of the person to receive the information; the purpose of the
disclosure; the precise information to be disclosed; the duration of the consent; and
the signature of the person authorizing release)
2. When ordered by an administrative law judge, a hearing officer, a court of competent
jurisdiction or a professional or occupational licensing agency in a related
disciplinary proceeding;
3. The information has been placed at issue in a formal dispute or any discipline
proceedings between the employer and the employee
4. The information is to be used as necessary in administering an employee assistance
program;
5. The information is needed by medical personnel for the diagnosis or treatment of the
employee or volunteer in the event the employee or volunteer is unable to authorize
disclosure; or
6. Within various Village departments when consulting with legal counsel in connection
with actions related to the information or when the information is relevant to defense
of a civil or administrative matter.
10.2.13 Village Designated Representative
: All questions concerning this policy should be directed
to the Director of Human Resources or to such other Village official as the Village Manager
may designate.
10.2.14 Notice to Employees, Applicants, and Volunteers
: The Village Manager or designee has
prepared a notice satisfying the requirements of Fla. Stat. § 440.102(3)(a), to be distributed to
all Village employees, applicants, and volunteers prior to testing.
10.2.15 Interpretation
: This policy shall be interpreted and applied consistent with Fla. Stat. §§
440.101 and 440.102 and applicable State rules and federal law.
10.2.16 Required Training
: Human Resources will provide training to any supervisor or other
employee who is assigned the responsibility for making a reasonable-suspicion determination
shall complete a training program of at least sixty (60) minutes on alcohol misuse and sixty
(60) minutes on controlled substance abuse. The training should include, but not be limited
to:
A. The dangers of drug (including alcohol) abuse
B. The prohibition of drug (including alcohol) use or introduction into the workplace
C. The Village’s policy of maintaining a drug-free workplace and the types of testing that
will be conducted
D. Contact information for available drug (including alcohol) counseling and rehabilitation
E. Contact information for the Employee Assistance program
F. The consequences of refusing to submit to testing
G. All drugs included in testing under this policy
H. The procedures for challenging a positive confirmed test result
I. The confidentiality provisions of this policy; and
J. Penalties to be imposed for violations of this Policy.
APPROVED
Jimmy Knight
Village Manager