2020-0331
INTRODUCED BY: MATTHEW JEWELL, PARISH PRESIDENT
ORDINANCE NO.
Title
An ordinance to amend the St. Charles Parish Code of Ordinances, Chapter 18 - Personnel, Article I. In General, Section 18-1. Regulations for substance abuse by parish employees.
Body
WHEREAS, the St. Charles Parish Council adopted Ordinance No. 90-5-7 on May 21, 1990 which established regulations for Substance Abuse by parish employees; and,
WHEREAS, the Ordinance was amended on June 3, 1991 and on March 17, 2003; and,
WHEREAS, after nearly thirty years of enforcement of this ordinance, it is in need of an additional amendment which provides necessary updates and further clarification for continued compliance.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the St. Charles Parish Code of Ordinances, Chapter 18 - Personnel, Article I. In General, Section 18-1. Regulations for substance abuse by parish employees. be hereby amended with new text underlined and deleted text in strikethrough:
Sec. 18-1. - Regulations for substance abuse by parish employees.
I. Purpose.
(a) The parish has had a strong commitment to its employees to provide a safe work place, healthy and productive workplace and to establish health care programs promoting high standards of employee health. Consistent with the spirit and intent of this commitment, the parish established these regulations regarding drug and alcohol abuse. Quite simply, our goal will continue to be one of establishing and maintaining a work environment that is free from the effects of alcohol and drug abuse.
(b) The parish recognizes that employee involvement with alcohol and drugs poses a safety risk to all employees and can have an impact on the work place workplace and our ability to accomplish our goal of an alcohol and drug-free work environment.
(c) The parish expects its employees to report for work unimpaired by drug or alcohol abuse.
(d) Employees who voluntarily request assistance in dealing with a personal drug habit or a drinking problem may do so without jeopardizing their continued employment, provided they stop any and all abuse of drugs and alcohol. The personnel officer will refer employees to an appropriate treatment resource. Volunteering for assistance will not prevent disciplinary action for a violation of these regulations which has already occurred. To that end, the parish will act to eliminate any substance abuse which increases the potential for accidents, absenteeism, substandard performance, poor employee morale and damage to the community's reputation.
II. Applications.
This section applies to all employees and job applicants of the parish.
III. Policy.
(a) Employees of the parish shall not neither (a) use, possess or ingest distribute any narcotics, controlled dangerous substances or designer drugs while on the job or, on duty, or on the parish’s property, nor (b) report to work while under the influence of any narcotics, controlled dangerous substances or designer drugs, unless prescribed by a physician licensed to practice medicine. Any narcotics violation as defined by state, federal or local statute while on the job or on duty will be grounds for disciplinary action up to and including termination.
(b) Prescription Drugs. No employee shall use, possess or distribute any prescription drugs while on the job, on duty, or on the parish’s property. No employee shall report for work while taking and under the influence of any prescription drugs. An employee who reports to work while taking and under the influence of any prescription drugs will do so only after providing the employee’s supervisor with an “Employee’s Physician Certification” form completed by the employee’s prescribing physician and certifying that the medication will not impair the employee’s abilities to perform any and all job functions. No prescription drugs shall be brought upon the parish's premises by any person other than the person for whom the drug is prescribed by a licensed medical practitioner; and such drug shall be used only in the manner, combination and quantity prescribed. No employee shall operate parish equipment, including motor vehicles, motor patrols, etc., and other apparatus while taking prescription drugs unless the prescribing physician advises the employee's supervisor in writing that the medication will not impair abilities. Any employee whose abuse of prescription drugs results in: excessive absenteeism or tardiness, accidents, or below-average performance shall be referred to the appropriate parish representative for resolution. Any employee who violates this policy will be subject to disciplinary action as provided in subsection V.
(c) Over-the-Counter Medications. No employee shall use, possess or distribute any over-the-counter medications which could impair an employee’s ability to perform any and all job functions while on the job, on duty, or on the parish’s property. No employee shall report for work while taking and under the influence of any over-the-counter medications which could impair the employee’s abilities to perform any and all job functions. An employee who reports to work while taking and under the influence of any over-the-counter medications which could impair the employee’s abilities to perform any and all job functions will do so only after providing the employee’s supervisor with an “Employee’s Physician Certification” form completed by the employee’s prescribing physician and certifying that the medication will not impair the employee’s abilities to perform any and all job functions. No over-the-counter medications which could impair an employee’s abilities to perform any and all job functions shall be brought upon the parish's premises by any person other than the person for whom the medication is prescribed by a licensed medical practitioner; and such medication shall be used only in the manner, combination and quantity prescribed. Any employee whose abuse of over-the-counter medications results in excessive absenteeism or tardiness, accidents, or below-average performance shall be referred to the appropriate parish representative for resolution. Any employee who violates this policy will be subject to disciplinary action as provided in subsection V.
(c) (d) Alcoholic Beverages. The use, possession, or distribution of alcoholic beverages by employees during working hours or on the parish's property is also inconsistent with the object of working in a safe and efficient manner. Accordingly, no employee shall use, possess or distribute any alcoholic beverages during working hours or while on the job, on duty, or on the parish’s property, and no employee shall report to work while under the influence of alcohol any alcoholic beverages. Any employee who violates this policy will be subject to disciplinary action as provided in subsection V.
(d) (e) Failure to comply with the provisions of this policy shall result in disciplinary action as described in subsection V being taken against the employee. Refusal Any action taken by an employee to (a) refuse to submit to a required drug or alcohol test or rehabilitation/counseling, (b) tamper with or attempt to tamper with or adulterate any sample to be provided for drug or alcohol testing, or (c) fail to provide an adequate sample for drug or alcohol testing within three hours, (1) shall be considered presumptive evidence of the employee’s inability to pass a drug or alcohol test, (2) shall be considered a failed test, and (3) shall result in relief from duty and possible termination.
IV. Drug Testing.
(a) Applicants. On or after the effective date of this section, any person who applies for any position in the parish shall submit to a drug-screening as part of the application process.
(1) Any applicant refusing to submit to preemployment drug screening shall be rejected.
(2) Any applicant testing positive for a controlled substance shall be rejected after being provided an opportunity to demonstrate that the controlled substance was prescribed for him by a licensed physician.
(b) Current Employees. This section applies to:
(1) All employees currently employed who:
a. Are required to drive operate, to perform maintenance on, or to supervise any employee who operates or maintains any parish-owned vehicles in the course of their employment.
The term “parish-owned vehicles” includes any motor vehicle, watercraft, aircraft, or rail vehicle owned or controlled by the parish.
b. Are required to employed in a safety-sensitive or security-sensitive position, including but not limited to 1) employees whose conduct in their position may have an immediate effect on the physical safety of themselves or others, or 2) employees who operate any heavy machinery in the course and scope of their employment including but not limited to forklifts, bulldozers and backhoes.
c. Are employed in a capacity in which their conduct may have an immediate effect on the physical safety of themselves or others.
d. c. Any parish employee, including but not limited to those listed in paragraphs a. through c b. of this subsection when they meet the criteria listed for probable cause reasonable suspicion testing enumerated in paragraphs (3)a. through d (3)h. of this subsection (b).
(2) Within sixty (60) days of the effective date of this section, all employees subject to this subsection shall be required to submit to random drug-screening when requested to do so by the supervisors of their departments. This test shall be given on a random basis without any prior notice to employees.
a. The parish council shall select a certified vendor laboratory to conduct and analyze the results of the testing authorized by this section. The laboratory, hereinafter referred to as "the vendor," shall be provided with a list of employees who are subject to random testing. The vendor shall be responsible for the random selection of employees to be tested each month. The vendor shall also choose at random the day of the month on which the testing is to be conducted. The vendor shall then inform the personnel officer, who will inform the supervisors of the workers to be tested, that the testing is to take place that day.
b. All employees selected for testing shall report to a location to be selected to submit a sample. They will be required to present a photo I.D. to the person collecting the sample. The employee shall be transported to the drug or alcohol testing vendor by either a risk management professional or the employee's supervisor.
c. All samples shall be collected by a person employed by the vendor for that purpose at a location designated by the vendor for that purpose and ordered to be sealed and marked for identification in the presence of the person submitting the sample.
d. All samples shall be collected in accordance with the vendor's standard operating procedure. The employee being tested shall receive his normal wage for the time taken by the collection procedure.
e. Employees shall be required to provide all necessary information to the vendor, including the names of all prescription and nonprescription drugs being used by the employee and the names of the prescribing physicians.
f. The parish shall keep confidential all testing results. The second confirmatory test shall be performed on all specimens testing positive using the method generally employed by the vendor to be selected. When a confirmatory test result is positive, the results of the testing shall be referred to the employee and to the personnel officer for appropriate action as stated in subsection subsections V and VI of this section.
(3) The drug or alcohol screening may also be performed on any parish employee when there is reasonable suspicion, based on objective factors, that an employee is under the influence of controlled substances or alcoholic beverages, or both. Grounds “Objective factors” which may serve as the basis for reasonable suspicion shall include, but are not limited to:
a. Obvious physical impairment, e.g., stumbling, unsteadiness.;
b. Abnormally slurred or loud speech.;
c. Red, watery eyes, heavy eyelids, fixed pupils.;
d. Irrational behavior.;
e. Odor of alcoholic beverages or marijuana;
f. Clear evidence of an employee’s possession of any drug-related paraphernalia;
g. Clear evidence of an employee’s possession of any items which could be used to tamper with or adulterate a sample for drug or alcohol testing (for example, a false or tampered-with urine sample);
h. When an employee is arrested or convicted for a drug-related offense, is identified as the focus of a criminal investigation into illegal drug possession, use, or trafficking, or when information of illegal drug activities is provided either by reliable or credible sources or by independent corroboration.
Although reasonable suspicion does not require absolute proof or certainty, mere speculation or hunches are not sufficient to meet this standard. Therefore, before testing on the basis of reasonable suspicion is scheduled, such suspicion must be discussed with, and supported by the supervisor. The supervisor requesting such screening shall inform the vendor's representative in charge of testing that the employee is being sent to submit a sample. The supervisor shall prepare a written report describing his reasons for ordering the testing, which he shall retain and allow the employee to inspect. Testing under these circumstances shall be conducted in a manner described in paragraph (2).
(4) When a supervisor has reason to believe that an employee is impaired by drug or alcohol use, including instances in which the employee exhibits any of the behaviors listed in paragraph (3), the supervisor shall remove the employee from the immediate presence of other employees and investigate the possibility of such impairment. The supervisor shall document reasons for the investigation and his findings. If the supervisor determines that the employee is impaired, then the supervisor shall arrange for the employee to be tested for drug and alcohol use under direct observation. The supervisor shall prevent an employee whom he believes to be impaired from returning to the worksite, even in cases where conditions make immediate testing impossible. In cases under this subsection where the employee tests positive for alcohol or drugs, or is found by the supervisor physically or mentally unable to perform his duties because of apparent substance abuse, disciplinary action shall be taken as outlined in subsection V.
(5) Any Parish employee involved in a work-related accident or incident involving the violation of any safety or security procedures shall be tested for drug and alcohol use. This applies even if the incident did not result in injury to any person or any property damage. If a positive test result is received, disciplinary action shall be taken as outlined in subsection V.
V. Penalties for Violation.
(a) Refusal to submit to random testing or testing for cause (including, but not limited to, Sections IV(b)(3) and IV(b)(5)) shall be grounds for dismissal.
(b) When a confirmatory positive drug test is reported by the vendor for any employee, the employee shall be required to (1) obtain a substance abuse evaluation, (2) obtain immediate substance abuse counseling, and to (3) submit to any treatment deemed necessary by the counselor. It shall be the responsibility of the employee to provide documentation to his supervisor that when he has (a) initiated the required counseling and/or treatment and (b) completed the required counseling and/or treatment. The counseling may be obtained from a public or private medical or mental health facility of the employee's choice. The parish does not assume responsibility for arranging or paying for the counseling or treatment.
(c) The counseling may be obtained from a public or private medical or mental health facility of the employee's choice. Any treatment program must be completed within six months. At the end of the six-month treatment program, the employee will only be allowed to return to full duty following a negative drug screen and substance abuse evaluation. The parish does not assume responsibility for arranging or paying for the counseling or treatment program.
(d) (c) The It is within the reasonable discretion of the parish to allow an employee may to remain on the job while undergoing counseling and/or treatment but must complete the course of counseling and/or treatment recommended by the counselor within the time stipulated in paragraph (c) of this subsection V. The employee may be called upon to prove that he is following the recommendations of his counselor. This may include additional random drug screening during and after treatment. It will be the employee's responsibility to document that treatment was successfully completed. Failure to 1) follow the recommendations of the counselor/treatment program and 2) pass a drug test following the completion of counseling and/or treatment, shall result in dismissal.
(e) (d) In the event that an employee has tested positive for drug and alcohol abuse, and has undergone or is undergoing either completed counseling and/or treatment or returned to work, tests positive for drugs or alcohol a second time, either as the result of random testing or testing for cause, the employee shall be immediately dismissed from employment.
(f) While undergoing counseling and/or treatment as a result of a positive drug screen, the employee will not be eligible to bid on open positions. Following both completion of any counseling or treatment and a negative drug screen, the employee’s eligibility to bid on open positions will be reestablished.
(g) While a first-time confirmatory positive drug test alone will not result in immediate termination, the parish reserves its right to terminate any employee whose actions while under the influence of drugs and/or alcohol also resulted in any misconduct, which alone would justify immediate termination, including, but not limited to, any accident or incident which (a) causes damage to public or private property or (b) results in bodily injury to the employee or others.
(h) (e) All actions taken shall be in accordance with civil service rules or other disciplinary rules already in effect. Any employee who is in the civil service system and is disciplined as a result of drug or alcohol testing shall have the right to appeal to the civil service board.
(i) If an employee chooses to terminate his or her employment with the parish following a first-time confirmatory positive drug test and later wishes to be rehired by the parish, the employee will be required to re-apply for a job with the parish in the same manner as any other applicant applying for a job with the parish, and such employee would also have to provide, post-offer, proof of completion of a drug or alcohol treatment program.
VI. Miscellaneous Provisions.
(a) All information obtained by the parish through this section, including but not limited to the result of drug or alcohol test, information concerning prescription drugs legally used by employees, and information concerning substance abuse counseling undergone by employees, shall be kept confidential. Such information shall be transmitted only to those people who must have it for 1) use in administrative or disciplinary proceedings or hearings, 2) civil litigation where drug use by the tested employee is relevant, or 3) other personnel matters.
(b) Upon written request made within seven working days of a confirmatory drug test, an employee may have access to any records relating to the employee’s drug tests and any records relating to the results of any relevant certification, review, or suspension/revocation-of-certification proceedings.
(c) (b) All results of drug and alcohol testing shall be reported by the testing laboratory or agent to the personnel officer, who will advise the parish president and the employee's immediate supervisor of all testing results. The recipients of the test results shall insert the record of the results into a secured file in the personnel department.
(c) The parish may reveal the information contained in paragraph (a) in order to defend any lawsuit or claim for unemployment compensation brought by any employee which arises from the implementation of the provisions of this section, notwithstanding the confidentiality provision of paragraph (a).
(d) There shall be no employee expectation of privacy concerning any property used by the parish. This shall include but is not limited to lockers, tool chests, vehicle trunks and glove compartments. All property owned by the parish is understood to be subject to search at any time.
(d) (e) The Parish may initiate and conduct immediate administrative inspections within the Parish facilities, equipment, employee-assigned storage lockers, and within employee property, including, but not limited to, vehicles, lunch boxes, briefcases, sacks, or purses while on Parish property where reasonable suspicion exists that such an administrative inspection will provide evidence that an employee has violated this substance abuse policy.
(e) Any urine sample which proves to be positive upon confirmation shall be held for a period of at least one (1) year.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2020, to become effective five (5) days after publication in the Official Journal.
2020-0331 Amend Ch. 18, Article I. Regulatios for substance abuse by parish employees.docx
CHAIRMAN:_________________________________________
SECRETARY:________________________________________
DLVD/PARISH PRESIDENT:____________________________
APPROVED:______________ DISAPPROVED:_____________
PARISH PRESIDENT:_________________________________
RETD/SECRETARY:__________________________________
AT:_______________ RECD BY: ________________________