HomeMy WebLinkAbout2016-04-03 ORDINANCE # 2�� --O�( 2f.3
AN ORDINANCE ADOPTING THE CITY OF BATESVILLE POLICY FOR A DRUG
AND ALCOHOL FREE WORKPLACE FOR THE CITY OF BATESVILLE; AND FOR
OTHER PURPOSES
WHEREAS, from time to time it is necessary to update and modify the City's
policy for a Drug and Alcohol Free Workplace; and
WHEREAS, it has been several years since the City's policy for a Drug and
Alcohol Free Workplace has been updated; and
WHEREAS, since the last amendment to the City's policy for a Drug and Alcohol
Free Workplace, the City has added a police department which is now included in the
policy; and
WHEREAS, the City Council finds and determines that the adoption of the said
policy is in the best interest of the employees of the City of Batesville and its citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF
BATESVILLE, ARKANSAS:
Section 1. The updated City of Batesville Policy for a Drug and Alcohol Free
Workplace presented to the city council is hereby adopted.
Section 2. All previous versions of the City of Batesville Policy for a Drug and
Alcohol Free Workplace are hereby nullified.
EMERGENCY CLAUSE: The City of Batesville Policy for a Drug and Alcohol
Free Workplace affects the employees of the city departments, who in turn contribute to
the safety and welfare to the residents of Batesville, Arkansas; therefore an emergency
is hereby declared to exist and this Ordinance shall be in full force and effect from and
after its passage.
PASSED AND ADOPTED the 12th day of April, 2016.
APPROVED:
RICK EL AYOR
ATTEST:
DENISE M. JOHNSTON, 611TY CLERK
C. All seasonal and part-time City of Batesville employees and private employment
agency employees.
SECTION 8.
WHEN AN EMPLOYEE MUST BE DRUG AND/OR ALCOHOL TESTED
A. Pre-Employment: Offer of employment will be contingent upon receiving a negative
drug test result.
B. Random: 25% of workforce holding safety or security sensitive positions will be
randomly drug tested annually. Some safety or security sensitive departments may
conduct random testing at increased numbers or greater frequencies as outlined in
their written departmental policies. Random selection will be accomplished by
utilizing a computer program. Two designated persons will be present during
employee selection. Extreme confidentiality will be exercised during selection and
employee notification.
C. Reasonable Suspicion: A drug or alcohol test may be conducted immediately if a
supervisor or department superintendent has a reasonable suspicion that an employee
may be under the influence of a prohibited substance. Employees suspected of being
unfit for duty will be escorted by a supervisor or designated representative to the
authorized testing location. Refusal to cooperate in the collection procedure or
refusal to take the test will result in discharge. For the purpose of this rule,
reasonable suspicion shall be based on specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech or body odors of the
employee. The required observations must be made by a supervisor or city official or
employee who is trained in detecting the signs and symptoms of misuse of alcohol
and drugs. "Designated On-Call"employees have an obligation to remain alcohol
free and free of illegal drugs during the tenure of their on call duty.
"On-Call"employees have an affirmative duty to notify their supervisor when called
if they are in violation of this policy.
D. Post Accident Testing: Employees involved in a work related injury, regardless of
severity, that requires professional medical treatment, may be subject to a alcohol and
drug test. Employees involved in an accident or safety related incident of any kind
while in a City of Batesville vehicle or while on work time or on City of Batesville
property may be subject to an alcohol and/or drug test. The City of Batesville may
require an employee who contributed to an accident to be tested if there is reasonable
cause to believe that the accident may have resulted from the use of drugs or alcohol.
Employees required to undergo post-accident testing shall not use alcohol or leave the
scene without being accompanied by the designated employee before they take the
required test.
"Designated On Call"employees have an obligation to remain alcohol free and
free of illegal drugs during the tenure of their on call duty. "On-Call'employees
have an affirmative duty to notify their supervisor when called if they are in
violation of any provision of this policy.
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