City of Sunnyvale

The City of Sunnyvale is committed to maintaining the safety and health of its employees. The purpose of this policy is to protect the public and the City employees from risks which result from employee drug or alcohol induced behavior.

While the City of Sunnyvale has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. Our concern is that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. The presence of drugs and alcohol on the job, and the influence of these substances on employees during working hours are inconsistent with this objective.

Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the City's Employee Assistance Program counselors. While the City will be supportive of those employees who seek help voluntarily, the City will be equally firm in identifying and disciplining those employees who have work performance related problems and who continue to be substance abusers and do not seek help or continue substance abuse even while enrolled in counseling or rehabilitation programs. Information on the City's Employee Assistance Program is available in the Human Resources Department.

Supervisors will be trained to recognize abusers and become involved in this control process. Alcohol or drug abuse in the workplace will not be tolerated, and for those employees who experience performance problems related to alcohol and drug abuse, disciplinary action, up to and including termination, will be used as necessary to achieve this goal.

This policy provides guidelines for the detection and deterrence of alcohol and drug abuse in the workplace. It also outlines the responsibilities of City management personnel and employees. To that end, the City will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee's ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage to the City's reputation. The City is committed to providing an alcohol and drug-free workplace. Substance abuse affects work performance in lost productivity, quality of work, cooperation with others, motivation, concentration and judgment, and jeopardizes safe working environments. Any employee who thinks they have a drug or alcohol abuse problem is urged to call the City's Employee Assistance Program for counseling. All persons covered by this policy should be aware that violations of the policy, depending on the degree of the severity, will be dealt with by any one or any combination of the following: counseling, oral reprimand, written reprimand, leave without pay, suspension, demotion, termination, or in not being hired.

In recognition of the public service responsibilities entrusted to the employees of the City of Sunnyvale, and that drug and alcohol usage can hinder a person's ability to perform duties safely and effectively, the following policy against drug and alcohol abuse is implemented as Administrative Policy for all full-time, part-time and seasonal City employees of the City of Sunnyvale.

Policy

A. It is the City of Sunnyvale's policy that employees shall not be under the influence of or in possession of alcohol or drugs; nor possess alcohol or illegal drugs while on City of Sunnyvale property, at work locations, or while on duty or subject to being called to duty; i.e. on breaks, during meal periods or on standby subject to being called to duty; shall not utilize such substances while they are made subject to City duty, sell or provide drugs or alcohol to any other employee or to any person while such employee is on duty or made subject to being called, nor have their ability to work impaired as a result of the use of alcohol or drugs. After normal business or shift hours, management personnel are not for purposes of this policy considered subject to call or on standby unless designated as such by their supervisor. Non-management personnel are subject to call and standby procedures pursuant to the relevant MOU's.

Employees shall not report to or perform work under the influence of drugs or alcohol or after consuming drugs or alcohol such that mental and physical capabilities are impaired as may be evidenced by such manifestations of consumption or impairment as identified in "Supervisor's Responsibilities" of this policy.

An employee is under the influence of alcohol if he or she has consumed alcohol in an amount such that the alcohol is not metabolized by the time the employee reports or returns to work. The normal standard is that it takes an hour for each ounce of alcohol (typically, one drink) to metabolize. An employee shall not report for work or return to duty if he or she has consumed alcohol within less than one hour of reporting. An employee must add an hour for each ounce of alcohol consumed before he or she reports or returns to work. (Example: 1 ounce - 1 hour; 2 ounces - 2 hours; 3 ounces - 3 hours; and so on.) This minimum standard for alcohol consumption does not preclude the application of a case by case investigation (such as chemical analysis) to determine whether an employee is under the influence of alcohol or drugs.

Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from a counselor through the City's Employee Assistance Program. Employees who demonstrate a substance abuse problem may be given the option to seek assistance and thereby put off consideration of termination or other disciplinary action pending the results of such assistance. Employees who undergo voluntary counseling or treatment pursuant to the Employee Assistance Program and who continue to work must meet all established standards of conduct and job performance.

B. Use of medically prescribed medications and drugs is not per se a violation of this policy; however, when taking medications or drugs which could interfere with the safe and effective performance of duties or operation of City equipment, the employee should notify his/her supervisor or members of management or the Human Resources Department and provide drug side effect information before beginning work. Should a work performance problem or incident occur, disciplinary action may be taken, up to and including termination, for failure to make such notification.

In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required prior to the employee's release to full duty. Supervisors who are informed of or have reasonable cause to believe that an employee under their supervision may be impaired by any medicine or prescription drug shall consider, to the extent such will not adversely impact operational requirements, modifying work assignments and are to contact Human Resources to arrange for a medical clearance for the employee if appropriate.

C. The City reserves the right to search, without employee consent, all areas and property in which the City maintains control or joint control with the employee. Some examples of areas under the City's control are desks, lockers, file cabinets, offices, tool boxes (if not personally owned by the employee), storage rooms and storage areas.

If the City has evidence an employee has illegal drugs on City property, regardless of who has control of the area where the drugs are believed to be located, law enforcement authorities may be notified.

D. When the supervisor of an employee or a member of the City management staff has reasonable cause to believe an employee is under the influence of alcohol or drugs, that employee shall be ordered by his or her supervisor, or by any City management staff, to refrain from engaging in further work. Pursuant to this policy, employees must be fully capable of performing their job duties safely and efficiently while at work and may be ordered by management to submit to investigation and chemical testing if there is reasonable suspicion that the employee is under the influence of drugs or alcohol pursuant. The employee may be instructed to wait for a reasonable time until he or she can be transported from the work site to collection site or to a safe location as designated by the employee, such as the employee's home, doctor or medical clinic's office. Employees may be transported by any licensed driver as approved by their supervisor or by any member of the City management staff.

Assistance

The City is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as handicapped where and to the extent required under federal or state law.

The City has established a voluntary and confidential employee assistance program to assist those employees who voluntarily seek help for alcohol or drug problems. Employees seeking additional information about the City's EAP may contact the EAP counselor directly, or they may speak to their supervisor or to the Human Resources Department.

Employees who seek counseling and/or rehabilitation assistance on their own through the City's EAP may not, on that account alone, subject the employee to disciplinary action. However, should this assistance be sought after an investigation of work performance problems related to alcohol and drug abuse has begun, such action will not stop the investigation nor preclude disciplinary action from proceeding. Any counseling and/or rehabilitation assistance received through the City's EAP is confidential.

Application

This policy applies to all City employees. It applies to alcohol and illegal drugs as well as to legal substances, drugs or medications which could impair an employee's ability to perform effectively and safely the functions of the job.

Employees who are unable to work because of a total disability related to alcohol and/or drug addiction, with a physician's report certifying the disability and a rehabilitation plan will qualify under the City's short-term disability leave plan. Employees may be eligible for long-term disability leave depending upon physician's report and acceptance by the LTD carrier. Refer to City Disability Leave Policy currently in effect as applicable to the employee's classification.

Employee Responsibilities

A City employee:

A. shall not report to work while his/her ability to perform job duties is impaired due to on-duty or off-duty alcohol or drug use, nor shall an employee be impaired while he/she is on assigned, paid standby subject to being called to duty;

B. shall not have in his/her possession any illegal drugs or have any alcohol readily accessible while on duty, on breaks, during meal periods, or on City property;

C. shall not use alcohol or drugs which may impair job performance during work hours, on breaks or during meal periods whether on City property or elsewhere, nor shall an employee use such alcohol or drugs while on assigned, paid standby subject to being called to duty;

D. shall not, if in City uniform, purchase or possess alcohol or illegal drugs;

E. shall not directly or through a third party sell illegal drugs or provide drugs or alcohol to be taken or consumed while on duty or on City premises to any person, including any employee, while either employee or both employees are on duty, breaks, or mealtime;

F. may be subject to an investigation and to chemical testing for alcohol and/or drugs if his or her supervisor or a manager has reasonable suspicion that the employee is intoxicated or under the influence of illegal or impairing drugs or alcohol on the job, during work hours, on breaks, during mealtime or on City property. Upon this determination, employees shall submit immediately to an alcohol or drug test when directed to do so by a supervisor or management employee pursuant. Any employee who refuses to submit to such testing or conducts himself or herself during such testing so as to induce a false, incorrect or invalid result shall be subject to disciplinary action up to and including termination.

Refusal to submit to testing, or tampering with the test shall be cause for disciplinary action up to and including termination.

G. as provided in Subdivision 2, paragraph B above, should notify his/her supervisor and provide medication drug side effect information before beginning work, when taking any medications or drugs (prescription or non-prescription) which may interfere with the safe and effective performance of duties or operation of City equipment; and

H. shall provide within a reasonable time (normally within 24 hours of a request) a bona fide verification from a physician or a current valid prescription for any prescription drug or medication taken or identified when a drug screen/test is positive. The employee may be instructed to provide a report from the physician describing the potential affects of the drug on the employee's job performance. The prescription must designate the employee as the person for whom the drug or medication is prescribed, not another individual. In the case of any non-prescription legal drug or medication, the employee may be required to produce identification of the drug along with indicated side affects identified by the manufacturer.

Supervisor Responsibilities

A. Managers and supervisors are responsible for enforcement of this policy.

B. Managers and supervisors may request that an employee submit to a drug and/or alcohol test to be undertaken in a manner prescribed by this policy, when such managers or supervisors have a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol on the job or during breaks or meal periods.

"Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol to the extent that the employee's ability to perform the functions of the job is impaired or to the extent that the employee's ability to perform his/her job safely is reduced.

Existence of reasonable suspicion shall be based upon the totality of the circumstances and will normally include more than one of the following factors. For example, except for possession, any combination of any of the following may constitute reasonable suspicion:

1) Slurred speech;
2) Alcohol odor on breath;
3) Unsteady walking and movement;
4) An accident involving the employee, City property and/or equipment or property where the cause may be symptomatic of suspected use of alcohol or drugs;
5) Physical altercation;
6) Verbal altercation;
7) Deviation from employee's normal behavior;
8) Possession of alcohol or drugs unrelated to job responsibilities;
9) Information obtained from a reliable person with personal knowledge;
10) Increased absenteeism;
11) Performance of work with reduced efficiency and/or effectiveness;
12) Increased disciplinary actions.

C. Any manager or supervisor requesting that an employee be required to submit to a drug and/or alcohol test shall document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs. The manager or supervisor shall then contact the Human Resources Officer or the Director of Human Resources. The Human Resources Officer and the Director of Human Resources shall have the authority to prepare a memo ordering the employee to submit to a drug and/or alcohol analysis at a location and by methods approved by the Director of Human Resources. The manager or supervisor is responsible for arranging safe transportation for the employee to the collection site. In the case of employees represented by PSOA, if the supervisor is unable to reach either the Human Resources Officer or the Director of Human Resources, then such supervisor shall contact the Director of Public Safety who shall have the authority to order the analysis as set forth above.

D. Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis shall remind the employee of the requirements and disciplinary consequences of this policy and the disciplinary consequences of insubordination. Where there is reasonable suspicion that the employee is then under the influence of alcohol or drugs, the manager or supervisor should attempt to have the employee wait for a reasonable time for transportation to a safe and comfortable location. The employee should be transported safely to their home or to a location designated by the employee.

Department Directors shall be notified when an employee must be transported home. Management shall then proceed pursuant to this subdivision of this policy to investigate the employee and, depending on the results of the investigation, the employee may be subject to discipline up to and including termination consistent with the Memorandum of Understanding or the City's Administrative Policy as applicable to the employee's classification.

E. Managers and supervisors shall notify their Department Director or his or her designee when they have reasonable suspicion to believe that an employee may have alcohol and/or illegal drugs in his or her possession or in an area not jointly or fully controlled by the City in violation of this policy If the Department Director or designee concurs that there is reasonable suspicion of possession of drugs or alcohol, the Department Director shall notify the Director of Human Resources, who in turn shall notify and receive direction from the City Manager and Director of Public Safety. Managers and supervisors shall not physically search the person of employees, nor shall they search the personal possessions of employees without the freely given consent of, and in the presence of, the employee. Note that many areas are in the control or joint control of the City and are subject to inspection at any time.

When reasonable suspicion exists concerning a Public Safety Officer, applicable provisions of Government Code 3300-3311 (Peace Officers Bill of Rights) shall be observed.

Physical Examination and Testing Procedure

The drug and/or alcohol test may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job, including, but not limited to, prescription medications, alcohol, heroin, cocaine, morphine and its derivatives, PCP, methadone, barbiturates, amphetamines, marijuana and other cannabonoids.

Pre-Employment Drug and Alcohol Testing and Analysis

A. Persons who apply for employment in the positions designated below with the City shall be informed in writing, when furnished with an application, that if they are offered employment in the position, it will be on the condition that they take a drug and alcohol test, and if the test results are positive for any of the substances being tested, they will be subject to being denied employment. Existing employees applying for transfer or promotion into the positions are also subject to the testing requirements and will be denied transfer or promotion if the alcohol or drug test is positive; however, an existing employee testing positive for alcohol or drugs will not suffer any negative effects in his or her current position as a result of failure to pass the drug or alcohol screen for the transfer or promotional position.

Existing employees who are appointed in an acting capacity will not be subject to testing; however, prior to probationary appointment, the employee must pass the alcohol and drug screen for transfer or promotion.

B. All applicants offered employment with the City shall be given a copy of this policy and be required to sign a receipt.

C. All offers of employment with the City to the classifications listed below or to such other classifications as recommended by the Director of Human Resources and approved by the City Manager shall be conditioned upon the applicant's 1) signing of a consent form, Appendix B to this policy; 2) submittal to a medical and chemical test for evidence of drug and/or alcohol use, designated by the City, and a repeat or confirmatory test if necessary; and 3) not being disqualified from employment based upon the result upon such test (including repeat test). Employment shall be denied if applicant refuses to sign the consent form or submit to the medical and/or chemical testing.

1) All classifications covered in the Public Safety Officers Unit.
2) Public Safety Officer in Training
3) Public Safety Captain
4) Public Safety Commander
5) Public Safety Director
6) Public Safety Clerical and Technical Staff with access to confidential criminal information
7) Public Safety Dispatchers
8) Senior Public Safety Dispatchers
9) Parks & Recreation and/or Public Works assigned employees who oversee children's programs and/or are responsible for the operation of City equipment, for example but not limited to employees in Streets, Sewer, Water, and Water Pollution Control Plant

Upon recommendation by the Director of Human Resources and approval of the City Manager, additional classifications may be added to the classifications subject to pre-employment drug and alcohol testing.

D. If an initial drug screen is positive at the pre-employment physical, it will be confirmed by scientifically accepted methods and, if positive, the applicant must provide within a reasonable time (normally within 24 hours of request), bona fide verification of a valid current prescription for the drug identified in the drug screen or other medically acceptable explanation for positive test. The prescription must designate the applicant, not some other person, as the person for whom the drug or medication is prescribed. If the applicant does not provide acceptable verification of a valid prescription, or if the prescription is not in the applicant's name or if the drug is one that is likely to impair the applicant's ability to perform the job duties of the position, the applicant shall not be hired. However, the applicant can be reconsidered for employment after his/her use of the prescription drug ceases.

E. If an alcohol screen is positive, the results will be confirmed by scientifically sound methods. If the confirmatory screen is positive, the applicant shall not be hired.

Physicals or Alcohol/Drug Tests During Employment

Supervisors may order an employee to submit to a chemical testing:

A) If an initial drug screen is positive, it will be confirmed by scientifically accepted methods and if positive, the employee must provide within a reasonable time (normally 24 hours of request) bona fide verification of a valid current prescription for the drug identified in the drug screen or other medically acceptable explanation for the positive test. The prescription must be in the employee's name. If the employee does not provide acceptable verification of a valid prescription, or if the prescription is not in the employee's name, or if the employee has not previously notified his or her supervisor of the use of a potentially impairing legal drug, the employee may be subject to disciplinary action, up to and including termination pursuant to Subsection (3) below.

B) If an initial alcohol screen is positive, it will be confirmed by scientifically accepted methods for alcohol or drugs. If the confirmatory screen is positive, the employee may be subject to disciplinary action, up to and including termination pursuant to Subsection (3) below.

C) If an employee's alcohol or drug test is confirmed to be positive for alcohol or drugs, the City shall conduct an investigation and consider the appropriate action to be taken. The decision to discipline or terminate will be carried out in conformance with the disciplinary procedures, Administrative Policy Chapter III, Article X, Section 5, Disciplinary Problems, or the current Memorandum of Understanding as applicable to the employee's classification.

Confidentiality

Laboratory reports or test results of chemical tests shall not appear in an employee's official personnel file. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Director of Human Resources. The report or test results may be disclosed only to persons whose knowledge thereof is necessary for performance of official duties or in administration of this policy. Disclosures, without employee consent, may also occur when: a) the information is compelled by law or by judicial or administrative process; b) the information has been placed at issue in a formal dispute between the employer and employee; c) the information is to be used in administering an employee benefit plan; d) the information is needed by medical personnel for the diagnosis or treatment of the employee who is unable to authorize disclosure; and, e) release or use of the information is otherwise permitted by law.

An applicant or employee shall receive, at his or her request, the results of any drug or alcohol test performed in accordance with this policy within a reasonable time after the results are available. When disciplinary action is recommended or proposed under this policy, the laboratory reports will be made available to the employee. Employees' and applicants' privacy and dignity will be respected during the drug or alcohol testing process, including collection of a specimen. If a urine sample is required, employees and applicants will normally be permitted to urinate in private under such conditions as will assure the privacy and dignity of the employee and the integrity of the sample. The only exception will be where it is anticipated that an employee or applicant will attempt to tamper with or substitute a sample. For example, where there is evidence that the employee or applicant has tampered with or substituted a previously given sample. In that case, medical personnel may take further reasonable measures, including auditory or visual observation of taking of the sample, as they deem necessary to assure the integrity of the sample.

Other Provisions

Other provisions may be found in the Memorandum or Understanding, or the Memorandum of Agreement, of individual employee bargaining units.