Cartersville |
Code of Ordinances |
CODE OF ORDINANCES |
Chapter 2. ADMINISTRATION |
Article VI. NATURAL GAS SYSTEM PROGRAMS |
Division 1. ANTI-DRUG PROGRAM |
§ 2-162. Types of drug testing.
(a)
Pre-employment testing. A pre-employment drug test will be conducted before an individual is hired or transferred from another department for a covered gas position with the City of Cartersville. An applicant who tests positive does have the right to have their sample re-tested, at their own expense, with reimbursement by the city if such test is negative. City of Cartersville employees transferring into a position requiring drug testing who test positive also have the right to have their samples re-tested. Upon notification that a drug test is required, an employee or applicant will report no later than one-half (½) hour plus travel time after notification to the drug collection site and provide a specimen of urine.
(b)
Random testing. All employees working in a position covered by this program are subject to unannounced testing based on random selection. The operator of the gas system will test at a rate specified by Part 199 Pipeline Regulations of covered employees every twelve (12) months. Random testing will be done on a quarterly basis. Covered employees shall mean those employees performing duties and functions regulated by the Office of Pipeline Safety under Part 192, Transportation of Natural and Other Gas by Pipeline. An employee or applicant will report no later than one-half (½) hour plus travel time after notification to the drug collection site and provide a specimen of urine.
Employees performing the following activities are not covered by this program: Performing accounting, payroll or clerical duties. The random selection procedure will be by computer based numbers that are matched with employee payroll identification numbers.
(c)
Post-accident testing. Employees working in positions covered by this program whose performance either contributed to an accident or cannot be completely discounted, as a contributing factor to the accident will be tested. The employee will be tested as soon as possible, but not later than thirty-two (32) hours after the accident. Accident, in this instance, shall be defined as a reportable incident under Part 191.3 (see Appendix A for Accident Definition), Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety Related Conditions.
All reasonable steps will be taken to obtain a urine sample from an employee after an accident. In the case of conscious, but hospitalized employee, the operator shall request the hospital or medical facility to obtain the sample. If an employee is unconscious or otherwise unable to evidence consent to the procedure, the hospital or medical facility shall collect the sample. If an employee who is subject to post-accident testing is conscious, able to urinate normally (in the opinion of a medical professional), and refuses to be tested, that person shall be removed from duty as an employee.
(d)
Reasonable cause testing. An employee will be drug tested when there is reasonable cause to believe the employee is using a prohibited drug. Examples of reasonable cause are; repeated errors on the job, regulatory or company rule violations, or unsatisfactory time and attendance patterns, if coupled with a specific event that indicated probable drug use. The decision to test must be substantiated by at least one (1) supervisor or the employee and that supervisor must be EAP trained in drug use symptoms.
(e)
Return to duty testing. An employee who, at the recommendation of the medical review officer, returns to work after drug rehabilitation, will be given unannounced drug tests. As scheduled by the medical review officer. These tests will continue for not less than one (1) year and not more than five (5) years. These tests are in addition to the other types of tests stated in this program.
(f)
Contract employees. Contractors who perform duties of a covered gas position on behalf of the City of Cartersville Gas System shall be required to participate in an approved contractor-sponsored drug program; or may, at the discretion of the gas superintendent, be allowed to participate in the Cartersville Gas System Program.
(Ord. No. 91-05, § 1, 11-17-05)