City of Maryville employees are required to acknowledge the City's Drug-free Workplace Policy. This is required on an annual basis by the Bureau of Workers' Compensation. If you have any questions, please contact Human Resources at 865-273-3425.
Substance Abuse Policy for City Officials and Employees
Section A. Purpose
The City recognizes that the abuse of drugs and alcohol is a serious problem that may involve the workplace. It is the intent of the City to provide employees with a safe and secure workplace in which each person can perform his or her duties in an environment that promotes workplace safety and efficiency. Employees of the City are public employees and must foster the public trust by earning and preserving a reputation for integrity, honesty, and responsibility.
To provide a safe, healthy, productive, and drug-free working environment for its employees to properly conduct the public business, the City has adopted this substance abuse policy. This policy is intended to comply with: (1) the Drug-Free Workplace Act of 1988, which ensures employees the right to work in an alcohol- and drug-free environment and to work with persons free from the effects of alcohol and drugs; (2) Federal Highway Administration (FHWA) rules, which require drug and alcohol testing for persons required to have a commercial driver’s license (CDL) in order to perform functions of their City job; and (3) the Omnibus Transportation Employee Testing Act of 1991, which requires alcohol and drug testing of safety-sensitive employees in the aviation, motor carrier, railroad, pipeline, commercial marine, and mass transit industries, and related U.S. Department of Transportation (DOT) rules which specify procedures for urine drug testing and breath alcohol testing.
It is the policy of the City that the abuse of drugs by its employees, and impairment in the workplace due to the abuse of drugs and/or alcohol, are prohibited and will not be tolerated. Engaging in prohibited and/or illegal conduct may lead to dismissal. Prohibited and/or illegal conduct includes but is not limited to:
Employees who are not in an official on-call status and who are called in to work outside their normal duty hours to perform emergency or otherwise unscheduled work are required to report any recent consumption of alcohol to the supervisor making the work request and, if any alcohol has been recently consumed, are to decline the request to report to work. The employee in this instance shall not be disciplined for failure to report to work.
In order to educate the employees about the dangers of drug and/or alcohol abuse, the City shall sponsor an information and education program for all employees and supervisors. Information will be provided on the signs and symptoms of drugs and/or alcohol abuse; the effects of drug and/or alcohol abuse on an individual’s health, work and personal life; the City’s policy regarding drugs and/or alcohol; and the availability of counseling.
Section B. Scope
This substance abuse policy applies to all employees of the City. The policy also applies to applicants who have been given a conditional offer of employment from the City.
Section C. Substance Abuse Consent Form
Before a drug test is administered to an applicant, and before either a drug or an alcohol test is administered to an employee for the first time as an employee, such individuals will be asked to sign a substance abuse testing consent form authorizing the test and permitting release of test results to the laboratory, medical review officer (MRO), and the human resources director or his/her designee.
Section D. Compliance with Substance Abuse Policy
Compliance with the substance abuse policy is a condition of employment. The failure or refusal by either an applicant for employment or a current employee to cooperate fully by signing necessary consent forms or other required documents, or the failure or refusal to submit to any test or any procedure under this policy in a timely manner, is cause for the City to rescind a conditional job offer to hire an applicant for employment or for the City to dismiss a current employee. The submission by either such person of a urine specimen that is not his or her own or is adulterated or altered is also cause to rescind a conditional offer to hire or for dismissal.
Section E. Duty to Report Investigations and Convictions
Employees who are subjects of any drug related investigation or any employee convicted of violating a criminal drug statute shall inform the director of his or her department of such conviction (including pleas of guilty and nolo contendere) within five days of said action occurring. Failure to so inform the City subjects the employee to disciplinary action up to and including dismissal.
Section F. Drug Testing
An applicant or employee must carry and present a current and recent photo ID to the appropriate personnel during testing. Failure to present a photo ID is equivalent to refusing to take the test. Employees and applicants may be required to submit to drug testing under the following separate circumstances:
1. Post-Offer/Pre-employment - All applicants who have received a conditional offer of employment with the City must undergo a drug test that produces a verified negative drug screen result before commencing employment with the City.
2. Testing Prior to Job Change - Employees who are not currently subject to random drug testing and who seek to change jobs to any position that is subject to random drug testing shall be required to undergo drug testing that produces a verified negative drug screen result before commencing work in the new position.
3. Post-Accident/Post Incident Testing - Employees are required to undergo substance abuse testing following any workplace accident/incident as determined by supervisory personnel involving:
The City may send employees for a substance abuse test if they are involved in workplace accidents where personal injury or damage to City property occurs. Post-accident testing shall be carried out within two (2) hours following the accident.
Substance abuse testing may be performed, at the discretion of the department director or supervisor, for incidents resulting from normal work activity. For the purpose of this rule, an incident is defined as a damage-causing event to the property of a citizen or the City arising out of usual and customary work practices (e.g., cracked concrete from utility truck operation, damaged service/utility lines to residences or businesses, etc.).
4. Testing Based on Reasonable Suspicion - A substance abuse test is required for any employee where there is reasonable suspicion to believe the employee is using or is under the influence of drugs or alcohol.
Reasonable suspicion is based on a belief that an employee is using or has used drugs or alcohol in violation of the City’s policy drawn from specific, objective facts. Supervisors should be able to articulate rational inferences drawn from those facts in light of their experience. Some of the circumstances under which supervisors may recommend drug testing include, but are not limited to, the following:
5. Random Testing - Random substance abuse tests will be conducted as required by law, regulation, or one that is scheduled routinely for an employment classification group. Examples of employee classes subject to random testing include commercial driver’s license (CDL) holders, suppression personnel of the fire department, sworn personnel in the police department, and employees who are otherwise considered by the risk manager to work in a safety-sensitive position.
6. Return-to-Duty and Follow-Up - Employees who have tested positive, or otherwise violated the substance abuse policy, are subject to discipline, up to and including termination. Depending upon the circumstances and the employee’s work history/record, the City may offer an employee who violates this policy the opportunity to return to work on a last-chance basis, which include follow-up testing at times and frequencies determined by the City for a minimum of one (1) year.
Testing will also be performed on an employee returning from leave or special assignment in excess of six months.
Section G.
Consequences of a verified positive drug test result and/or a confirmed positive alcohol test result
Job applicants will be denied employment with the City if their pre-employment drug test results have been verified by the City’s medical review officer as positive or if the applicant refuses to submit to a pre-employment substance abuse test.
If a current employee’s positive drug and/or alcohol test result has been confirmed, the employee is subject to immediate removal from any safety-sensitive function and may be subject to disciplinary action. The City will consider the following factors in determining the appropriate disciplinary response: the employee’s work history, length of employment, current work assignment, current job performance, and existence of past disciplinary actions. However, the City reserves the right to allow employees to participate in an education and/or treatment program approved by the City’s Employee Assistance Program as an alternative to or in addition to disciplinary action. If such a program is offered and accepted by the employee, then the employee must satisfactorily participate in and complete the program.
Section H.
Refusal to SubmitFailure to submit to a required substance abuse test is considered misconduct and will result in disciplinary action up to and including termination. Any unreasonable delay in providing specimens for the drug and/or alcohol testing shall be considered a refusal to cooperate and shall result in disciplinary action up to and including termination.
Section I.
Voluntary Disclosure of Drug and/or Alcohol UseIn the event that an employee is either dependent upon or an abuser of drugs and/or alcohol and wishes to seek professional medical care, that employee should voluntarily discuss his/her problem with the respective department director. Such voluntary desire for help with a substance abuse problem will be honored by the City. If substance abuse treatment is required, the employee will be removed from active duty pending completion of the treatment. Voluntary disclosure must occur before an employee is notified of or otherwise becomes subject to a pending drug and/or alcohol test.
Any leave used for this purpose shall be considered family and medical leave pursuant to the Family and Medical Leave Act.
No disciplinary action shall be taken pursuant to this drug policy against employees who voluntarily identify themselves as a drug or alcohol abuser, obtain counseling and rehabilitation through the City’s employee assistance program or other program sanctioned by the City, and thereafter refrains from violating the City’s policy on drug and alcohol abuse. However, voluntary identification will not prohibit disciplinary action for the violation of other aspects of the City’s personnel policies and procedures. Employees who self-report a drug or alcohol problem will be required to sign a last chance agreement and adhere to the terms of said agreement.
Prior to any return-to-duty consideration of an employee following voluntary substance abuse treatment, the employee shall provide the human resources director with a written statement from the substance abuse professional that indicates satisfactory compliance with recommendations of the substance abuse professional. The substance abuse professional may suggest conditions of reinstatement of the employee that may include after-care and return-to-duty and/or periodic drug and alcohol testing requirements. The respective department director and the human resources director will consider each case individually and set forth final conditions of reinstatement to active duty with the approval of the city manager. Conditions of reinstatement must be met by the employee. Failure of the employee to complete treatment or follow after-care conditions, or subsequent failure of any drug or alcohol test under this policy will result in disciplinary action.
Section J.
Modification of PolicyThis statement of policy may be revised by the City at any time to comply with applicable federal and state regulations that may be implemented, to comply with judicial rulings, or to meet any changes in the work environment or changes in the drug and alcohol testing policy of the City.
The City recognizes that the abuse of drugs and alcohol is a serious problem that may involve the workplace. It is the intent of the City to provide employees with a safe and secure workplace in which each person can perform his or her duties in an environment that promotes workplace safety and efficiency. Employees of the City are public employees and must foster the public trust by earning and preserving a reputation for integrity, honesty, and responsibility.
To provide a safe, healthy, productive, and drug-free working environment for its employees to properly conduct the public business, the City has adopted this substance abuse policy. This policy is intended to comply with: (1) the Drug-Free Workplace Act of 1988, which ensures employees the right to work in an alcohol- and drug-free environment and to work with persons free from the effects of alcohol and drugs; (2) Federal Highway Administration (FHWA) rules, which require drug and alcohol testing for persons required to have a commercial driver’s license (CDL) in order to perform functions of their City job; and (3) the Omnibus Transportation Employee Testing Act of 1991, which requires alcohol and drug testing of safety-sensitive employees in the aviation, motor carrier, railroad, pipeline, commercial marine, and mass transit industries, and related U.S. Department of Transportation (DOT) rules which specify procedures for urine drug testing and breath alcohol testing.
It is the policy of the City that the abuse of drugs by its employees, and impairment in the workplace due to the abuse of drugs and/or alcohol, are prohibited and will not be tolerated. Engaging in prohibited and/or illegal conduct may lead to dismissal. Prohibited and/or illegal conduct includes but is not limited to:
- being on duty or performing work in or on City property while using or under the influence of any one or more of the following: illegal drugs, prescription drugs without a legal prescription, prescription drugs other than in accordance with a legal prescription, non-prescription drugs other than for the manufacturer’s indicated symptoms and in accordance with the manufacturer’s recommended dosages unless otherwise directed by a licensed health care provider, and/or alcohol;
- engaging in the manufacture, sale, distribution, use, or possession of illegal drugs or prescription drugs without a legal prescription at anytime, whether or not on duty for the City;
- engaging in the manufacture, sale, distribution, use, or possession of alcohol while on duty or while in or on City property;
- refusing or failing a drug and/or alcohol test administered pursuant to this substance abuse policy;
- providing an adulterated, altered, or substituted specimen for testing;
- use of alcohol within four hours prior to reporting for duty on schedule or use of alcohol while on-call for duty; and
- use of alcohol, illegal drugs or prescription drugs without a valid prescription at any time within eight hours following an accident/incident if the employee’s involvement has not been ruled out as a contributing factor in the accident/incident or until the employee has completed drug and/or alcohol testing procedures.
Employees who are not in an official on-call status and who are called in to work outside their normal duty hours to perform emergency or otherwise unscheduled work are required to report any recent consumption of alcohol to the supervisor making the work request and, if any alcohol has been recently consumed, are to decline the request to report to work. The employee in this instance shall not be disciplined for failure to report to work.
In order to educate the employees about the dangers of drug and/or alcohol abuse, the City shall sponsor an information and education program for all employees and supervisors. Information will be provided on the signs and symptoms of drugs and/or alcohol abuse; the effects of drug and/or alcohol abuse on an individual’s health, work and personal life; the City’s policy regarding drugs and/or alcohol; and the availability of counseling.
Section B. Scope
This substance abuse policy applies to all employees of the City. The policy also applies to applicants who have been given a conditional offer of employment from the City.
Section C. Substance Abuse Consent Form
Before a drug test is administered to an applicant, and before either a drug or an alcohol test is administered to an employee for the first time as an employee, such individuals will be asked to sign a substance abuse testing consent form authorizing the test and permitting release of test results to the laboratory, medical review officer (MRO), and the human resources director or his/her designee.
Section D. Compliance with Substance Abuse Policy
Compliance with the substance abuse policy is a condition of employment. The failure or refusal by either an applicant for employment or a current employee to cooperate fully by signing necessary consent forms or other required documents, or the failure or refusal to submit to any test or any procedure under this policy in a timely manner, is cause for the City to rescind a conditional job offer to hire an applicant for employment or for the City to dismiss a current employee. The submission by either such person of a urine specimen that is not his or her own or is adulterated or altered is also cause to rescind a conditional offer to hire or for dismissal.
Section E. Duty to Report Investigations and Convictions
Employees who are subjects of any drug related investigation or any employee convicted of violating a criminal drug statute shall inform the director of his or her department of such conviction (including pleas of guilty and nolo contendere) within five days of said action occurring. Failure to so inform the City subjects the employee to disciplinary action up to and including dismissal.
Section F. Drug Testing
An applicant or employee must carry and present a current and recent photo ID to the appropriate personnel during testing. Failure to present a photo ID is equivalent to refusing to take the test. Employees and applicants may be required to submit to drug testing under the following separate circumstances:
1. Post-Offer/Pre-employment - All applicants who have received a conditional offer of employment with the City must undergo a drug test that produces a verified negative drug screen result before commencing employment with the City.
2. Testing Prior to Job Change - Employees who are not currently subject to random drug testing and who seek to change jobs to any position that is subject to random drug testing shall be required to undergo drug testing that produces a verified negative drug screen result before commencing work in the new position.
3. Post-Accident/Post Incident Testing - Employees are required to undergo substance abuse testing following any workplace accident/incident as determined by supervisory personnel involving:
- behavior indicating impairment that could be the result of drug or alcohol use, or
- citizen property damage if the estimated financial loss is $1,000 or more,
- vehicular accidents with citizens if the fault is at question or is the fault of the City employee, or
- accidents involving heavy equipment, i.e., backhoes, fork trucks, tractors, etc., Or
- loss of work time (any period of time during which an employee stops performing the normal duties of employment and leaves the place of employment to seek care from a licensed medical provider). The following medical/illness/injury exemptions may apply: contact dermatitis, insect/animal stings and bites, muscle strains and other minor injuries.
The City may send employees for a substance abuse test if they are involved in workplace accidents where personal injury or damage to City property occurs. Post-accident testing shall be carried out within two (2) hours following the accident.
Substance abuse testing may be performed, at the discretion of the department director or supervisor, for incidents resulting from normal work activity. For the purpose of this rule, an incident is defined as a damage-causing event to the property of a citizen or the City arising out of usual and customary work practices (e.g., cracked concrete from utility truck operation, damaged service/utility lines to residences or businesses, etc.).
4. Testing Based on Reasonable Suspicion - A substance abuse test is required for any employee where there is reasonable suspicion to believe the employee is using or is under the influence of drugs or alcohol.
Reasonable suspicion is based on a belief that an employee is using or has used drugs or alcohol in violation of the City’s policy drawn from specific, objective facts. Supervisors should be able to articulate rational inferences drawn from those facts in light of their experience. Some of the circumstances under which supervisors may recommend drug testing include, but are not limited to, the following:
- Direct observation of drug or alcohol use or possession;
- Direct observation of the physical symptoms of being impaired due to substance abuse;
- A pattern of abnormal conduct or erratic behavior;
- Arrest or conviction for a drug-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use, or distribution;
- Arrest for driving under the influence (DUI) while off duty;
- Unsafe work practices;
- A significant deterioration in work performance;
- Excessive absences and/or tardiness;
- Information that is provided by reliable and credible sources; or
- Evidence that an employee tampered with any substance abuse test during his or her employment with the City.
5. Random Testing - Random substance abuse tests will be conducted as required by law, regulation, or one that is scheduled routinely for an employment classification group. Examples of employee classes subject to random testing include commercial driver’s license (CDL) holders, suppression personnel of the fire department, sworn personnel in the police department, and employees who are otherwise considered by the risk manager to work in a safety-sensitive position.
6. Return-to-Duty and Follow-Up - Employees who have tested positive, or otherwise violated the substance abuse policy, are subject to discipline, up to and including termination. Depending upon the circumstances and the employee’s work history/record, the City may offer an employee who violates this policy the opportunity to return to work on a last-chance basis, which include follow-up testing at times and frequencies determined by the City for a minimum of one (1) year.
Testing will also be performed on an employee returning from leave or special assignment in excess of six months.
Section G.
Consequences of a verified positive drug test result and/or a confirmed positive alcohol test result
Job applicants will be denied employment with the City if their pre-employment drug test results have been verified by the City’s medical review officer as positive or if the applicant refuses to submit to a pre-employment substance abuse test.
If a current employee’s positive drug and/or alcohol test result has been confirmed, the employee is subject to immediate removal from any safety-sensitive function and may be subject to disciplinary action. The City will consider the following factors in determining the appropriate disciplinary response: the employee’s work history, length of employment, current work assignment, current job performance, and existence of past disciplinary actions. However, the City reserves the right to allow employees to participate in an education and/or treatment program approved by the City’s Employee Assistance Program as an alternative to or in addition to disciplinary action. If such a program is offered and accepted by the employee, then the employee must satisfactorily participate in and complete the program.
Section H.
Refusal to SubmitFailure to submit to a required substance abuse test is considered misconduct and will result in disciplinary action up to and including termination. Any unreasonable delay in providing specimens for the drug and/or alcohol testing shall be considered a refusal to cooperate and shall result in disciplinary action up to and including termination.
Section I.
Voluntary Disclosure of Drug and/or Alcohol UseIn the event that an employee is either dependent upon or an abuser of drugs and/or alcohol and wishes to seek professional medical care, that employee should voluntarily discuss his/her problem with the respective department director. Such voluntary desire for help with a substance abuse problem will be honored by the City. If substance abuse treatment is required, the employee will be removed from active duty pending completion of the treatment. Voluntary disclosure must occur before an employee is notified of or otherwise becomes subject to a pending drug and/or alcohol test.
Any leave used for this purpose shall be considered family and medical leave pursuant to the Family and Medical Leave Act.
No disciplinary action shall be taken pursuant to this drug policy against employees who voluntarily identify themselves as a drug or alcohol abuser, obtain counseling and rehabilitation through the City’s employee assistance program or other program sanctioned by the City, and thereafter refrains from violating the City’s policy on drug and alcohol abuse. However, voluntary identification will not prohibit disciplinary action for the violation of other aspects of the City’s personnel policies and procedures. Employees who self-report a drug or alcohol problem will be required to sign a last chance agreement and adhere to the terms of said agreement.
Prior to any return-to-duty consideration of an employee following voluntary substance abuse treatment, the employee shall provide the human resources director with a written statement from the substance abuse professional that indicates satisfactory compliance with recommendations of the substance abuse professional. The substance abuse professional may suggest conditions of reinstatement of the employee that may include after-care and return-to-duty and/or periodic drug and alcohol testing requirements. The respective department director and the human resources director will consider each case individually and set forth final conditions of reinstatement to active duty with the approval of the city manager. Conditions of reinstatement must be met by the employee. Failure of the employee to complete treatment or follow after-care conditions, or subsequent failure of any drug or alcohol test under this policy will result in disciplinary action.
Section J.
Modification of PolicyThis statement of policy may be revised by the City at any time to comply with applicable federal and state regulations that may be implemented, to comply with judicial rulings, or to meet any changes in the work environment or changes in the drug and alcohol testing policy of the City.
