Sections:
9.24.050 Notification of selection.
9.24.070 Pre-employment testing.
9.24.080 Drug testing based upon cause.
9.24.090 Test results are positive.
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.
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)
"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)
(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)
(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)
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)
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)