(a) Policy statement. The City of Boynton Beach is committed to provide a safe work environment for its employees, our community and society. Substance abuse is a national problem which impairs the health and safety of employees, promotes crime and harms our community. The city is addressing this problem by instituting a drug free workplace program.
Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance the respect for individual privacy with the need to keep a safe, productive drug free environment. The intention is to prevent and treat substance abuse. The city would like to encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The city will attempt to assist an employee in obtaining treatment prior to taking disciplinary action when such treatment is associated with a first occurrence of substance abuse. The city considers substance abuse to be an unsafe and counterproductive work practice.
The city's policy is in accordance with the Florida Drug Free Workplace Program as provided in Section 440.102, Florida Statutes and Chapter 38F-9., Florida Administrative Code. It is the intent of the city to adopt the policies and standards set forth in Chapter 38F-9. To the extent of any conflict between the standards established by this policy and the standards set forth in Chapter 38F-9 F.A.C., as amended from time to time, the standards set forth in Chapter 38F-9 shall prevail. Policies and standards contained herein and not addressed in Chapter 38F-9 F.A.C. shall control.
To ensure a work place free from the influence of illegal drugs and alcohol abuse the following policy has been established.
It is the policy of the city that an employee found with the presence of alcohol or illegal drugs in his/her system, in possession of, using, selling, trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. (City sponsored activities which may include the service of alcoholic beverages are not included in this provision).
An employee reporting for work visibly impaired shall be considered unable to properly perform required duties and will not be allowed to work. If possible, the supervisor should first seek another supervisor's opinion of the employee's condition. Then the supervisor together with a representative from the personnel department should consult privately with the employee to rule out any problem(s) that may have been caused by prescription drugs.
When an off-duty employee is called back to work and that employee has consumed alcoholic beverages, that employee shall disclose such use and decline callback. An employee shall not be disciplined for refusing to respond to callback when such employee has reasonable belief that he or she could not pass an alcohol blood level test. Employees who are on standby may be subject to callback [and] should not engage in social drinking and may not decline callback without being subject to discipline.
If, in the opinion of the supervisor and a representative of the city manager's office or the personnel director or his or her department representative the employee is considered impaired, the employee should be sent home, after drug testing by a medical facility, by taxi or other safe transportation alternative, depending on the determination of the observed impairment, accompanied by the supervisor or another employee, if necessary. An impaired employee should not be allowed to drive. The prescribed test direction form shall be completed by the supervisor.
Prescription drugs prescribed by the employee's physician may be taken during working hours. The employee shall notify the supervisor if the use of properly prescribed drugs will affect the employee's work performance. Abuse of prescription drugs will not be tolerated.
It is the responsibility of the city's supervisors to counsel with an employee whenever they see changes in performance that suggest an employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made.
(b) Definitions. [For the purposes of this section, the following words and terms shall have the meaning ascribed thereto:]
(1) Alcohol: Means ethyl alcohol (ethanol) and includes distilled spirits, wine, malt beverages and intoxicating liquors.
(2) Alcohol abuse: An employee shall be determined to be under the influence of alcohol if the employee's normal faculties are impaired due to the consumption of alcohol or the employee blood alcohol level is 0.05 g/dl% or higher.
(3) Illegal drugs: Means any drug(s) which is not legally obtainable, which may be legally obtainable but has not been legally obtained or which is being used in a manner or for a purpose other than as prescribed.
(4) Drugs: Means alcohol, amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed above.
(5) Legal drug: Means prescribed drugs and over the counter drugs which have been legally obtained and are being used solely for the purpose for which they were prescribed or manufactured.
(6) Job applicant: Means a person who has applied for a position with the city and has been offered employment conditioned upon successfully passing a drug test.
(7) Employee: Means an individual who works for the city for compensation and is covered by the Workers Compensation Act.
(8) Drug testing: Means any chemical, biological or physical instrumental analysis for the purpose of determining the presence of an illegal drug or its metabolites, including alcohol.
Drug testing may require the collection of blood, urine, breath, saliva or hair of an employee or job applicant.
(9) Initial drug test: Means a screening procedure of the blood and urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. All levels equal to or exceeding the following shall be reported as positive:
Alcohol | 0.05 g/dl% |
Amphetamines | 1,000 NG/ML |
Cannabinoids | 100 NG/ML |
Cocaine | 300 NG/ML |
Phencyclidine | 25 NG/ML |
Methaqualone | 300 NG/ML |
Opiates | 300 NG/ML |
Barbiturates | 300 NG/ML |
Benzodiazepines | 300 NG/ML |
Synthetic narcotics: |
Methadone | 300 NG/ML |
Propoxyphene | 300 NG/ML |
(10) Confirmation test: Means a second test of all specimens identified as positive on an initial test in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. All levels equal to or exceeding the following shall be reported as positive:
Alcohol | 0.05 g/dl% |
Amphetamines | 500 NG/ML |
Cannabinoids | 15 NG/ML |
Cocaine | 150 NG/ML |
Phencyclidine | 25 NG/ML |
Methaqualone | 150 NG/ML |
Opiates | 300 NG/ML |
Barbiturates | 150 NG/ML |
Benzodiazepines | 150 NG/ML |
Synthetic narcotics: |
Methadone | 150 NG/ML |
Propoxyphene | 150 NG/ML |
(11) Drug testing methodology: Specimens for drug testing will be collected, handled, maintained and tested in accordance with the Florida Drug Free Workplace Program and the procedures set forth in Florida Administrative Code Section 38F-9.
(12) Positive confirmed test or confirmation test: Means a second procedure which confirms a positive result from an initial drug test.
(13) Medical review officer (MRO): Means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the city.
(14) Prescription or nonprescription medication: Means a drug or medication obtained pursuant to a prescription as defined by Section 893.02, Florida Statutes, or a medication that is authorized pursuant to a federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries.
(15) Reasonable suspicion drug testing: Means drug testing based on a belief that an employee is using or has used drugs in violation of this policy drawn from specific objective and documented facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon:
a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug.
b. Abnormal conduct or erratic behavior while at work or a significant deterioration of work performance, either or both of which are recognized symptoms of alcohol or drug abuse and which are not adequately explained by the employee or are not related to the employee's working conditions.
c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated.
d. Evidence that an employee has tampered with a drug test during his employment with the current employer.
e. Information that an employee has caused, or contributed to, an accident while at work.
f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs, while working or while on the city's premises or while operating a vehicle, machinery, or equipment of the city.
(16) Specimen: Means a tissue or product of the human body including blood, urine, saliva, hair, capable of revealing the presence of alcohol and/or illegal drugs or their metabolites.
(1) Types of testing. In order to maintain a drug and alcohol free work environment, the city will test for the presence of alcohol and drugs in the following circumstances:
a. Job applicants: All job applicants who have been offered a position of employment are required to take a drug and alcohol test.
b. Reasonable suspicion: All employees who are deter-mined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test.
c. Fitness for duty: All employees who are subject to a routine fitness for duty medical examinations are required to take a drug and alcohol test as part of their medical examination.
d. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the city for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly, semiannual or annual basis for two (2) years after return to work.
e. Post accident or injury: Employees who are involved in a job related accident or incident, and whose impairment appears to be contributory, which results or might have resulted in bodily injury or property loss or damage.
f. The personnel department shall establish forms to facilitate record keeping and reporting. The forms attached as Attachments 1 through 5 shall be used initially but may be amended from time to time by the personnel department without further commission action.
[See the editor's note following this section.]
(2) Consequences of refusing a drug test.
a. An employee who refuses to submit to a drug test will be subject to discipline, up to and including termination. An employee who refuses to submit to a drug test also will forfeit his eligibility for all worker's compensation medical and indemnity benefits.
b. A job applicant who refuses to submit to a drug test will not be hired.
(3) Actions following a positive confirmed test. The city may institute disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug test.
(4) Confidentiality. Confidentiality of records concerning drug testing will be maintained except to the extent necessary to comply with this policy and applicable public records law. All information, reports, memos and drug test reports, written or otherwise, received by the city through the drug testing program will be kept confidential to the extent provided by law.
The city, employee assistance program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding.
The city will maintain records concerning drug testing separate and apart from an employee's or job applicant's personnel file. Information on drug testing results shall not be released in any criminal hearing.
(5) Reporting of use of medication. Employees and job applicants may confidentially report the use of prescription or nonprescription medication both before and after having a drug test. A form for reporting medication use is attached. [See the editor's note following this section.]
(6) Notice of common medications. A list of the most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test is attached. Employees and job applicants should review this list prior to submitting to a drug test.
(7) Medication information. An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and nonprescription medication.
(8) Employee assistance program. Refer to the employee assistance program policy for the name, address and telephone number of the current provider.
Other resources available are:
1 800-527-5344 AMERICAN COUNCIL OF ALCOHOLISM HELPLINE
1 800-COCAINE COCAINE HOTLINE
1 800-NCA-CALL NATIONAL COUNCIL ON ALCOHOLISM
1800-662-HELP NATIONAL INSTITUTE ON DRUG ABUSE
1 800-843-4971 NATIONAL INSTITUTE ON DRUG ABUSE HOTLINE
(9) Drugs to be tested. Drugs that will be tested are as follows:
a. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors
f. Hallucinogens, provided the only hallucinogen to be tested for is phencyclidine (PCP)
k. Synthetic narcotics, but limited to methodone and propoxyphene
l. A metabolite of any substance listed herein
(A list of drugs by brand names or common names is attached.)
(10) Challenge of test results.
a. An employee or a job applicant who receives a positive confirmed test result may contest or explain the result in writing within five (5) days of receipt of notification of a positive confirmed test result.
b. If the explanation or challenge of the employee or job applicant is unsatisfactory to the city, the city within fifteen (15) days of receipt will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results.
c. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug test was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes.
d. If an employee or job applicant contests the drug test results he must notify the laboratory.
(11) Right under collective bargaining agreements. Employees who are covered under a collective bargaining agreement between the city and any collective bargaining unit may have a right to file a grievance regarding discipline imposed by the city as a result of a violation of this policy. A grievance of this nature shall not be limited to the discipline imposed, but discipline based on a positive result shall not be set aside solely on the basis of error in ordering the test.
(1) Conditions of pre-employment. The city will conduct preemployment screening examinations designed to prevent hiring individuals who use drugs.
a. To determine the suitability of employees to work for the city the following pre-employment conditions are established:
All job applicants will be tested prior to employment for drug use and alcohol use. Any job offer which a job applicant may receive from the city is contingent upon successfully completing a required physical examination.
b. Any job applicant who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment.
c. Any job applicant who tests positive for drugs or alcohol use will be refused employment at that time.
d. Confidentiality will be maintained pursuant to this policy.
e. The city will not discriminate against applicants for employment because of the past abuse of drugs or alcohol. It is the current abuse of drugs or alcohol that the city will not tolerate.
(2) Current employee drug and alcohol abuse screening. The city will maintain screening practices to identify employees who use illegal drug(s) or abuse alcohol. It shall be a condition of continued employment for all employees to submit to drug screening under the following conditions:
a. Reasonable suspicion: All employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test.
b. Fitness for duty: All employees who are subject to routine fitness for duty medical examinations are required to take a drug and alcohol test as part of their medical examination.
c. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the city for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly, semi-annual or annual basis for two (2) years after return to work.
d. Post accident or injury: Employees who are involved in a job related accident or incident, and whose impairment appears to be contributory, which results or might have resulted in bodily injury or property loss or damage.
(3) Employee assistance program. The city maintains an employee assistance program (EAP) which provides help to employees and their families who suffer from alcohol or drug abuse. (Refer to EAP policy)
It is the responsibility of each employee to seek assistance before drugs and alcohol lead to disciplinary problems.
To ensure the effectiveness of the drug free workplace policy, it is the responsibility of all employees to inform supervisory personnel of any activity that would lead a reasonable person to believe that drugs or alcohol are being abused in the workplace.
a. An employee's decision to seek assistance from the employee assistance program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding.
On the other hand, using the EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications.
b. Through the EAP, the city will provide appropriate assessment, referral to treatment and treatment of drug and alcohol abuse (subject to the provisions of the city's health insurance plan). Such employees may be granted leave with a conditional return to work depending on successful completion of the agreed upon appropriate treatment regimen and in accordance with the career services rules and regulations and any departmental rules and regulations. An employee's bank of sick or vacation time shall be used (in that order) for such leave.
c. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a periodic basis, at least quarterly, for up to two (2) years thereafter as a condition of continued employment.
d. Once a violation of this policy occurs, subsequent use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action.
e. An individual's participation in the program will not be made part of any personnel records, and will remain confidential except to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law.
(4) Management's responsibility. Supervisors are responsible for implementing the drug and alcohol free workplace policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well being of employees and the community.
a. Supervisors are responsible for maintaining a safe work environment by determining employees fitness for duty.
b. In the event a supervisor with the concurrence of a representative of the city manager's office or the personnel director or his/her department representative, has a reasonable suspicion that an employee may be affected by drugs or alcohol, the employee must be sent for drug testing. A form for reporting the reason(s) for drug testing is attached. [See the editors note following this section.]
c. In all cases when an employee is being removed from duty for drug testing, the supervisor should notify his superior at the earliest possible time.
(5) Employees responsibility.
a. It is each employee's responsibility to be fit for duty when reporting for work and to inform his supervisor if he is under prescription or nonprescription medication which may affect job performance.
b. In the event an employee observes behavior which raises a doubt as to the ability of a co-worker to work in a safe, reliable and trustworthy manner, the employee should report this behavior to his supervisor.
c. Employees who voluntarily enter a drug or alcohol treatment and/or rehabilitation program at the request or insistence of the city or, as a condition of continued employment, enter a drug or alcohol treatment and/or rehabilitation program are required to participate and complete recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or the program, the employee will be subject to discipline, up to and including termination.
(6) Medical review officer's responsibilities.
a. The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing.
b. The MRO may request that the testing laboratory provide qualification of test results.
c. The MRO will provide his interpretation of positive, confirmed test results to the personnel director or his/her department representative.
d. The MRO will assist employees in an employee assistance program, monitor such employees' progress and confirm completion of the treatment program.
List of Drugs by Trade or Common Names
Drugs Trade or Common Name
Opium Dover's powder, Paregoric, Parepectolin
Morphine Morphine, pectoral syrup
Codeine Tylenol with codeine, empirin compound with codeine
Heroin Diacetyl morphine, horse, smack
Meperidine (pethidine) Demerol, Mepergan
Methadone Dolophine, Methadone, Methadose
Other narcotics Laam, Leritine, Numorphan, Percodan, Tussionex, Fentanyl, Darvon, Talwin, Lomotil
Chloral hydrate Noctec, Somnos
Barbiturates Phenobarbital, Tuinal, Amytal Nembutal, Seconal, Lotusate
Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Paxipam, Restoril
Other depressants Equanil, Miltown, Noludar, Placidyl, Valmid
Cocaine Coke, flake, snow, crack
Amphetamines Biphetamine, Delcobese, Desoxyn, Dexedrene, Metiatric
Other stimulants Adipex, Bacarate, Cylert, Didrex, Ionamin, Plegine, Presate, Sanorex, Tenuate, Tepanil, Voranil
Mescaline and peyote Mesc, buttons, cactus
Amphetamine variants 2, 5-DMA, PMA, STP, MDA, MDMA TMA, DOM, DOB
Phencyclidine PCP, angel dust, hog
Phencyclidine analogs PCE, PCPy, TCP
Other hallucinogens Bufotenine, Ibogaine, DMT, DET, Psilocyn
Cannabis Trade or Common Name
Marijuana Pot, Acapulco gold, grass, reefer, sinsemolla, thai sticks
Over the Counter and Prescription Drugs
Which Could Alter or Affect
the Outcome of a Drug Test
All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contac Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (55 proof).
Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex
Marinol (dronabinol, THC)
Cocaine HCI topical solution
Not legal by prescription
Not legal by prescription
Paregoric, Parepectolin, Donnagel, PG, morphine, Tylenol with codeine, Empirin with codeine, APAP with codeine, aspirin with codeine, Robitussin A-C, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (hydromorphine), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicidin
Phenobarbital, Thinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Metbaril, Butabarital, Butabital, Phrenilin, Triad
Atavan, Azene, Clonopin, Dalmane, Diazepan, Librium, Xanax, Serax, Tranxene, Valium, Verstan, Halcion, Paxipam, Restorial, Centrax
Darvocet, Darvon N, Dolene
(Ord. No. 92-51, § 2, 10-20-92; Ord. No. 93-09, § 2, 5-18-93)
Editor's note-It should be noted that the reporting forms referenced in § 2-19 are not set out at length in this Code, but are on file and available for inspection in the office of the city clerk. Such forms are designated as attachments 1—5 to Ordinance No. 92-51. 
