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Reso 2011-1813
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Reso 2011-1813
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Last modified
12/21/2011 2:41:55 PM
Creation date
12/21/2011 2:41:55 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1813
Date (mm/dd/yyyy)
12/15/2011
Description
City’s “Drug-Free in Workplace Program Policy”, as Amended
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<br />DRUG-FREE WORKPLACE PROGRAM <br /> <br />I. Purpose <br /> <br />As a part of its commitment to safeguard the health of its employees, to provide a safe place for <br />its employees to work, and to promote a drug-free working environment, the City of Sunny Isles <br />Beach, Florida (City) has established this program relating to the use or abuse of alcohol and <br />drugs by its employees. This program is intended to conform to the requirements of the Drug- <br />Free Workplace Program under Florida's Workers' Compensation Law, and rules promulgated <br />pursuant thereto. Substance abuse, while at work or otherwise, seriously endangers the safety <br />of employees, as well as the general public, and creates a variety of workplace problems <br />including increased injuries on the job, increased absenteeism, increased health care and <br />benefit costs, increased theft, decreased morale, decreased productivity, and a decline in the <br />quality of products and services provided. This program is established in part to detect users <br />and remove abusers of drugs and alcohol from the workplace, to prevent the use and/or <br />presence of these substances in the workplace, and to assist employees in overcoming any <br />dependence on drugs and/or alcohol in accordance with the following guidelines. <br /> <br />Florida Statutes provide in part that an employee who is injured in the course and scope of his <br />employment and tests positive on a drug or alcohol test may be terminated and shall forfeit his <br />eligibility for medical and indemnity benefits under Florida's Workers' Compensation Law. <br />Refusal to take a drug (urine) or alcohol (blood) test will result in the employee forfeiting his <br />eligibility for medical and indemnity benefits under Florida's Workers' Compensation Law and <br />the employee being subject to dismissal. The City group medical plan excludes benefits for job <br />related injuries. Therefore, if Worker's Compensation benefits are forfeited pursuant to the <br />drug-free workplace program, the employee injured on the job will be without any City provided <br />medical benefits. <br /> <br />Certain components of this program involve utilization of additional techniques and procedures. <br />These additional techniques and procedures as well as the determination of the employee <br />groups who will be covered by such, are both justified by, and based upon, federal and state <br />statutes, case law, and regulatory findings related to various public sector and private sector <br />employees working in safety-sensitive positions throughout inter- and intrastate commerce. At <br />such time as the regulations implemented pursuant to the Omnibus Transportation Employee <br />Testing Act of 1991 or other regulatory requirements become applicable to City employees, this <br />program will be altered as and if necessary to conform to the specific requirements of the final <br />regulations. Until such time, any additional techniques and procedures shall utilize mechanisms <br />already in use and/or proposed for use by state or federal law and regulation. As determined by <br />management, based upon additional information or experience, such additional techniques and <br />procedures may be unilaterally, and without notice, altered, or eliminated from the remainder of <br />this program, and shall not impact this program's continuing compliance with ~ 440.101-.102, <br />Fla. Stat. (1993). <br /> <br />To the extent that ~ 440.101-.102, or the implementing rules issued by the Department of Labor <br />and Employment Security (38F-9, F.AC.) or those issued by the Department of Health and <br />Rehabilitative Services (10E-18, F.AC.) are amended, or other statutes and rules requiring drug <br />testing are determined to be applicable to City employees, the City's program will be amended <br />to the extent required by such, without the necessity of further general notice. <br /> <br />The City's Drug-Free Workplace Program has been prepared so as not to conflict with public <br />policy and, further, not to be discriminatory or abusive. A drug-free workplace should be the <br />goal of every employer in America. Drug and alcohol testing is only one of the several steps <br /> <br />SIB _Drug-Free_ Workplace_Program_-_ W-CDL <br /> <br />Page 4 of41 <br /> <br />12/15/201 I <br />
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