Title 9 OFFENSES
Chapter 9.24 DRUG-FREE WORKPLACE
9.24.010 Policy.
9.24.020 Definitions.
9.24.030 Application.
9.24.040 Procedures.
9.24.050 Notification of selection.
9.24.060 Mandatory testing.
9.24.070 Pre-employment testing.
9.24.080 Drug testing based upon cause.
9.24.090 Test results are positive.
9.24.110 Self-disclosure.
9.24.120 Refusal to undergo testing.
9.24.130 Possession and use of drugs and alcohol on the job.
9.24.140 Sale or distribution.
9.24.150 Repeal of prior ordinances.
9.24.010 Policy.
The city council has determined that all city owned
property, including motor vehicles, shall be free of alcohol and illegal drugs.
Furthermore, for safety reasons, all employees are prohibited from reporting for
work or being at work with a detectable level of any intoxicating or
mind-altering substance on their person or in their bodies. (Ord. O-09-01 §
1, 2001)
9.24.020 Definitions.
“Illegal drugs” means any drugs for which
possession or use is declared to be a criminal offense by the 1976 South
Carolina Code of Laws.
A “mind-altering substance” includes, but is not
limited to, marijuana, cocaine, amphetamines, PCP or opiates.
“Alcoholic beverages” means any beverages
containing alcohol.
Drugs prescribed by a physician are not illegal.
“Safety-sensitive positions” means positions held
by police officers, telecommunications officers, firefighters and public works
employees. These persons either maintain public safety, operate equipment, or
operate motor vehicles. (Ord. O-09-01 § 2, 2001)
9.24.030 Application.
(a) All employees of the city are subject to this
chapter.
(b) Employees holding safety sensitive positions shall
receive random testing for drugs or alcohol. (Ord. O-09-01 § 3,
2001)
9.24.040 Procedures.
(a) The city shall select police department, fire
department and public works employees to be tested at random.
(b) The selection shall be determined by a computer software
program maintained under the supervision of the city administrator or by a
procedure which will select employees in safety sensitive positions at random at
least annually. (Ord. O-09-01 § 4, 2001)
9.24.050 Notification of selection.
When an employee is selected for a random drug test,
the city administrator shall notify the police chief, fire chief, or the public
works coordinator as may be appropriate.
The selected employee shall be notified by the police chief,
fire chief or public works coordinator of his or her selection.
The employee shall pick up the appropriate form from the city
administrator’s office and report directly to the Travelers Rest Family
Care in Travelers Rest unless directed to report to another location. The
testing shall occur between eight a.m. and four-thirty p.m.
Urine test shall be used to test for drugs, mind-altering
substances and alcohol.
Blood test and/or a breathalyzer test shall be used to test
for alcohol. (Ord. O-09-01 § 5, 2001)
9.24.060 Mandatory testing.
A drug and alcohol test shall be given to every
prospective employee as part of the hiring process. (Ord. O-09-01 § 6,
2001)
9.24.070 Pre-employment testing.
No employee shall be hired part-time or full-time
until that prospective employee undergoes such testing for drugs or for alcohol
as the city administrator may consider to be appropriate. (Ord. O-09-01 §
7, 2001)
9.24.080 Drug testing based upon cause.
In addition to random testing for illegal drug use or
alcohol use, it is the responsibility of all supervisors or department heads to
arrange for an employee under his or her supervision to undergo testing for
drugs and alcohol if the supervisor or department head has reasonable cause that
the employee is under the influence of illegal drugs or alcohol. After hours
drug and alcohol testing will be conducted at the North Greenville Hospital
Emergency Room at the city’s expense. (Ord. O-09-01 § 8,
2001)
9.24.090 Test results are positive.
A test for drugs, or a mind-altering substance or
alcohol shall be considered positive if any of the following results:
(a) Any presence of drugs or a mind-altering substance is
within the body.
(b) An alcohol concentration level of 0.02 grams per 210
liters of breath or higher.
If these results appear through testing, then a fifteen
minute wait shall occur and a second test shall be given.
(c) If a second test shows an alcohol concentration level of
0.02 grams per 210 liters of breath, then this result shall be considered a
positive test for alcohol impairment.
(d) Penalties. Any employee receiving a confirmed positive
finding for drugs or alcohol shall be subject to termination immediately. (Ord.
O-09-01 § 10, 2001)
9.24.110 Self-disclosure.
Notwithstanding the policy of the city that any
employee receiving a confirmed positive finding shall be subject to termination,
if an employee prior to testing discloses to the chief of police, fire chief or
city administrator that he or she is addicted to alcohol or drugs, then such
employee will be given an opportunity to receive appropriate treatment. Such
employee making a voluntary disclosure of a drug or alcohol problem may be
permitted to continue performing duties of the position depending on the degree
of addiction.
The city reserves the right to require such employee to be
tested for alcohol or drugs from time to time.
The city reserves the right to require such employee to
undergo appropriate treatment as a condition of employment.
The employee who participates in treatment to become free of
an alcohol or drug problem shall give a release to the city authorizing the city
to obtain medical or treatment information concerning such treatment and the
progress of the employee under such treatment. (Ord. O-09-01 § 11,
2001)
9.24.120 Refusal to undergo testing.
The refusal of an employee to take an alcohol and/or
drug test will be considered as insubordination and shall be grounds for
termination. (Ord. O-09-01 § 12, 2001)
9.24.130 Possession and use of drugs and alcohol on the job.
The possession and use of alcoholic beverages, illegal
drugs, non-prescribed prescription drugs or a mind-altering substance by an
employee while on the premises of the city is prohibited and constitutes grounds
for termination of employment. (Ord. O-09-01 § 13, 2001)
9.24.140 Sale or distribution.
The sale or distribution of illegal drugs or alcohol
on or off the job is prohibited and will be grounds for termination of
employment. (Ord. O-09-01 § 14, 2001)
9.24.150 Repeal of prior ordinances.
The city of Travelers Rest Ordinance 08-89, amending
the Travelers Rest personnel rules and regulations establishing a drug free work
place policy is hereby repealed. (Ord. O-09-01 § 15, 2001)
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