Resolution No. 91-48 CITY OF TIGARD, OREGON
RESOLUTION NO. 91-TW
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING THE ADDITION OF CITY
COUNCIL POLICY 1.13, PRE-EMPLOYMENT DRUG TESTING.
WHEREAS, the existing Personnel Policies and Procedures Manual was adopted in
1987; and
WHEREAS, the existing Personnel Policies and Procedures do not include a
policy on Pre-Employment Drug Testing; and
WHEREAS, a new City Council Policy on Pre-Employment testing is desired to
insure the selection of qualified, drug-free employees;
and
WHEREAS, City Council, the City Attorney; and staff have reviewed this
document prior to adopting the attached new policy for conformance with
applicable State and Federal laws.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: City Council Policy, 1.13, attached as Exhibit "A", to be added
to the City Personnel Policies and Procedures Manual, is hereby adopted.
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PASSED: This,-,,j'_:) - day oft___
, 1991.
ayor - Z`ity of Tigard
ATTEST:
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City Recorder City of;�Tigard
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RESOLUTION NO. 91-44
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City Council Policy 1.13
Pre-Employment Drug Testing
CONCERN FOR SAFETY, HEALTH AND WELL-BEING OF CITY EMPLOYEES AND
THE PUBLIC
The City of Tigard has a sincere concern for the safety, health, and well-being of its
nces and absivq use of contrled
employees and the public. The use of illegal sub
poses a significant problem foorlthe
substances by its employees and potential employees
safety of the employee and the public.
MORAL AND FINANCIAL RESPONSIBILITY TO THE CITIZEN
bility to
he
The City of Tigardrov de qua t mservice in a timely and cost t � citizens
effective manner. Employees
community top
at any and all levels in the organization who have drugs and alcchol in their system are
cient capacity. Furthermore,
impajudgement ability
n theto a part may have serrform otheir duties tusufinanll 'cial consequences for the City
impaired9
through increased safety risk,potential accident liability,increased worker's compensation
liability, and potential faulty decision making.
POLICY
The City of Tigard,in a positive effort to provide a healthy and safe re woe in envir t drug
for all its employees and the citizens of the community, are ou pre-p'in the following
screening. The guidelines and procedures for this program
information.
GUIDELINES AND PROCEDURES
The guidelines and procedures forthe preplacement drug screening program are set forth
in a question and answer format. If further information is needed, please contact the
Personnel Division,
A) DRUG TESTING
ical analysis test}includes detection of the following drug
The drug screening (chem
groups:
1) Amphetamine/methamphetamine (e.g., speed, crystal) Serax, Dalmane, and
2) Benzodiazepines (e.g., Valium, Librium, oxazepam,
Ativan).
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3) Barbiturates (e.g., Amobarbital, Butabarbital, Pentobarbital, Phenobarbital,
Secobarbital)
4) Cocaine
5) Methadone
6) Methaqualone (e.g., Quaalude)
7) Opiates(e.g., Codeine, Heroin, Morphine, Hydromorphone, Hydrocodone)
8) Phencyclidine (e.g., PCP)
9) THC (e.g., marijuana)
These drug groups were selected based upon known abuse in the community and the
ability of each drug to adversely affect physical/mental performance.
B) WHAT LABORATORY IS USED TO PERFORM THE ACTUAL TEST?
The City of Tigard will use a qualified medical laboratory to conduct the drug testing.
C) WHICH APPLICANTS FOR CITY EMPLOYMENT WILL BE SUBJECT TO THE
DRUG SCREENING PROCESS?
Upon completion of reference checks(and a physical exam-if required), finalists will be
required to undergo drug screening prior to a final job offer,
D) UNDER WHAT CIRCUMSTANCES WILL APPLICANTS BE DISQUALIFIED FOR
CITY POSITIONS BASED ON POSITIVE DRUG TESTING RESULTS?
The confirmed presence of any illegal drug in a urine sample will be cause for
disqualifying an applicant for his/her period of eligibility as set forth in the recruitment
announcement.
E) WHAT HAPPENS IF AN APPLICANT TESTS POSITIVE FOR AN UNEXPLAINED
LEGAL DRUG?
The presence of any unexplained legal drug may also be cause for disqualifying an
applicant. If an applicant is taking prescription medication,this must be substantiated by
a physician's report or statement. The report should indicate whether or not the taking
of these legal drugs will prevent or alter the person's ability to perform essential job
duties. If the report indicates the person cannot perform essential job duties while under
the influence of these prescribed legal drugs,this shall be grounds for disqualification.
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F) WHAT HAPPENS WHEN THE APPLICANT REFUSES TO SIGN THE CONSENT
FORM ALLOWING THE DRUG SCREENING TO BE CONDUCTED?
In this event, the applicant will be advised that without the signed consent form, the
medical examination will not be conducted and the candidate will subsequently be
medically disqualified by the City on the basis of an incomplete medical examination. The
candidate will further be advised that a second medical appointment will not be permitted
at a later date and that the disqualification will remain in effect. The applicant would have
a right to appeal such disqualification to the City Administrator.
G. WHAT HAPPENS IF AN .APPLICANT, AFTER HAVING ARRIVED AT THE
MEDICAL FACILITY AND REVIEWING THE DRUG SCREENING
AUTHORIZATION FORM, ANNOUNCES THAT ;HE OR SHE HAD "ANOTHER
APPOINTMENT" AND THEREFORE WOULD HAVE TO RESCHEDULE THE
EXAMINATION?
In such circumstances the applicant would be asked to sign the authorization form and
provide a urine sample under the same condition as usual. The balance of the medical
examination,if required,would be rescheduled. An applicant who refused to remain and
provide a urine sample would be medically rejected.
H. WILL THE DRUG SCREENING PROGRAM INCLUDE CONFIRMATION TESTING
ON POSITIVE SAMPLES?
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The initial screen of an applicant's urine sample will be conducted using a highly sensitive
testing methodology based upon an enzyme immunoassay technique. If the results of
this test are negative(results would be known within 24 hours),they will be reported back
to the City's Personnel Manager and the urine sample will be discarded. If the sample
tests presumptively positive for drugs, the laboratory will immediately conduct further
testing using an entirely different methodology on the same specimen of urine. The
confirmation testing will involve mass spectrophotometry (GCMS). This specific
confirmation test will be determined by specific drug that tested positive in the sample.
Confirmation testing will be done individually for each drug. It is anticipated that the
process to complete confirming tests may take 48 additional hours.
1. WHERE WILL THE SAMPLES BE STORED AND FOR HOW LONG?
In those cases where the second test confirms the presence of a drug or drugs in the
sample,the sample will be retained in alocked freezer for six months to allow for further
testing in case of dispute.
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J. WHAT AMOUNT OF DRUG IS ENOUGH TO SHOW "POSITIVE" AND HOW
LONG CAN DRUGS REMAIN IN THE SYSTEM AND SHOW "POSI'TIVE"
RESULTS?
The amount of each chemical substance that is required to show as"positive"varies from
drug to drug. The specific amount is a standard selected by the test?ng laboratory based
upon the purpose of the testing program. In our situation, the laboratory will use
standards that will ensure a drug is genuinely present when a positive result occurs. The
length of time that drugs remain in the system varies tremendously from drug to drug.
The length of time a drug remains in the system, also varies from person to pe-son.
While these variables exist,none of them will cause drugs to test positive beyond what
we consider recent usage.
K. WHAT TYPE OF APPEAL PROCEDURE WILL BE AVAILABLE FOR AN
APPLICANT DISQUALIFIED BECAUSE OF A POSITIVE DRUG SCREEN TEST
OR A REFUSAL TO PARTICIPATE?
The appeal process under these circumstances will be to submit in writing a request for
appeal to the City Administrator. The City Administrator will consider the appeal and
respond in writing whether the appeal will be granted or denied.
L. WHAT IS THE STEP BY STEP PROCEDURE UTILIZED FOR THE DRUG
SCREENING PROGRAM INCLUDING CHAIN OF CUSTODY?
When an individual is directed by the City to the medical provider for drug screening, the
following procedure is observed.
1. The drug screening procedure is explained to the individual and any questions
will be answered by the medical provider or designated representative.
2. The individual is asked to sign a waiver giving permission to perform the drug
screening.
3. The medical provider presents the individual with a special empty, sterile
container and the sanitary seal on the container is broken in front of the
individual.
4. The individual is allowed to provide their urine specimen in,the privacy of a stall
after bluing agents have been placed in the tank.
5. The individual's name is placed on the container and it is placed in a special
envelope with the individual's name written on the envelope.
6. The sample is left in a special place for the lab to pick up.
7. The lab picks up the sample and places it in another sterile container that only
has a serial number on it so the individual is not identified by name.
8. The drug screening tests are conducted on part of the sample and if it tests
presumptively positive, a second test using a different methodology is
conducted to confirm the positive results.
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9. If the test results in one positive and one negative result, the overall test is 1
considered negative.
10. In the case of marijuana the level of the positive test is set high enough to
exclude people who have had a casual encounter with the drug,such as being
in a room where it is smoked by someone else. A test threshold(50 NG/ml)for
THC, which is the active substance in marijuana is used as a cutoff, which
ensures that someone who registers positive has indeed ingested such a
substantial amount of the drug that it precludes inadvertent exposure.
11. The results of the test are forwarded to the medical provider in a written report.
12. The positive test samples are retained frozen by the medical provider for a
period of six months so applicant's appealing to the City Administrator have the
opportunity to have their sample retested if so directed.
JOB RELATED FACTORS FOR DISQUALIFICATION OF ELIGIBLE CANDIDATES DUE
TO POSITIVE DRUG SCREEN RESULTS.
Background:
It is the policy of the City of Tigard that eligible candidates being considered for
appointment to any City position who are found to have positive drug screening test
results shall be disqualified from appointment to the position for which they are applying.
JOB RELATED FACTORS FOR DISQUALIFICATION
4i...:.
The following summary is provided as an example of the job related factors which require
the disqualification of candidates with positive drug screens. While the summary is
descriptive of some of the job related concerns, it is not intended to be comprehensive.
1. EXECUTIVE, MANAGEMENT, AND SUPERVISORS
A. Duties and responsibilities. Incumbents in these positions exercise the highest
level of leadership and responsibility in the organization and their decisions and
actions have the greatest impact on the accomplishment of required municipal
services for the City of Tigard.
B. Factors for disqualification. Incumbents are responsible for the safety and well-
being of all subordinate employees and their judgement and decisions greatly
impact upon the health, safety and welfare of both the general public and city
employees. Furthermore,they are required to drive vehicles in the conduct of
City business.
2. PUBLIC SAFETY AND PUBLIC SAFETY SUPPORT POSITIONS
A. Duties and responsibilities. incumbents in all safety positions are responsible
for enforcing the law. They are entrusted with performing safety services and
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the lives and safety of the public. Incumbents in safety support positions
respond to emergency assistance calls, dispatch public safety vehicles, are
responsible for the welfare of prisoners,have access to controlled police related
information,such as criminal records,and have access to confiscated evidence,
such as illegal substances.
B. Factors for disqualification. Incumbents must avoid conflicts of interest and
compromises of security, must inspire credibility as an enforcer of laws and as
a witness in court, must keep contraband out of the jail, and needs to work
without impairment or critical errors.
3. POSITIONS NWITH THEACCESS
INVOLVED I HANDLING OF PUBLIC FUNDS. PUBLIC RECORDS, OR 1
A. Duties and responsibilities. Many incumbents of clerical and professional
positions receive, record, file, read,disperse, and/or invest public records and
public funds. (Examples_ payroll processing, personnel records, accounts
receivablelpayable, utility billing,cashier, library circulation, recreation events,
etc.).
B Factors financialor security or the entrustmentents of public funds andd to work 'to avoid conflicts of
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interest.
4. CODE INSPECTION AND ENFORCEMENT.
ities, and
` A. Dutsstruies and ctures orrconfor atnce withlncumbents inspect codes and standards btote ensure that lstructures
are safe.
B. Factors for disqualification. Incumbents need to work without impaired
judgement and avoid critical errors in inspecting work which affects the health
and safety of the public.
5. LIBRARY SERVICES AND RECREATION.
A. Duties and responsibilities. Incumbents in library and recreation positions are
responsible for working with children and exercise influence over minors by
virtue of their position of authority with the City.
B. Factors for disqualification. Incumbents need to inspire credibility as service
providers or caretakers as in the exercise of authority over children and minors;
to work without impairment in coordinating or performing recreational program
activities,and providing positive role models for children to follow.
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-- 6. ENGINEERING.
A. Duties and responsibilities. All professional and sub-professional engineering
incumbents are responsible for drawing up plans and working on projects
relating to physical structures and public utility operations where the health and
safety of the public and employees is involved.
B. Factors for disqualification. Incumbents need to work without impairment or
without impaired judgement or critical errors, where consequences pose
increased health or safety risks.
7. EQUIPMENT AND MOTOR VEHICLE OPERATORS.
A. Duties and responsibilities. Incumbents operate mechanical equipment,drive
automobiles,vans,trucks,etc.,in the course of their employment with the City.
B. Factors for disqualification. Incumbents need to work without impairment,
where faulty judgement may endanger the health and safety of the employee,
co-workers, or the public, or may result in material loss of equipment, and
increase risk of financial liability.
8. MANUAL LABORERS.
A. Duties and responsibilities. Incumbents work with or around potentially
r hazardous and/or dangerous materials,tools,equipment, machinery,facilities,
and/or areas (work at heights, in confined spaces,etc.).
B. Factors for disqualification. Incumbents need to work without impaired
judgement or impaired physical ability as to avoid injury to themselves, co-
workers, and/or the public and where faulty judgement may result in material
loss of equipment or property.
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