Page | 22 FITNESS FOR DUTY EXAMINATIONS 311 A medical and/or psychological examination may be required if a City employee has an injury or illness that appears to affect his/her ability to perform his/her essential job functions, or appears to threaten the safety of themselves, the public, or other employees. This fitness for duty evaluation will be structured so that its requirements are job related and consistent with the City’s interest in maintaining public and workplace safety. Medical examinations required by the City will be paid for by the City and will be performed by a physician or licensed medical facility designated or approved by the City. Current employees may also undergo a medical examination: • When it is necessary for regulatory compliance; • When he/she is transferred into a safety-sensitive/physically demanding job; • When he/she requests an accommodation for a disability; or • Any time management has a reasonable concern about the employee's ability to safely perform the essential functions of his/her job. The City will consider findings of the medical evaluation in determining whether the employee can perform the essential functions of his/her job, with or without reasonable accommodation. Every effort will be made to reasonably accommodate a qualified employee who has a disability, unless such accommodation would impose an undue hardship on the City. The City will be responsible for determining the reasonableness of any accommodation. Accommodation will not be deemed reasonable if it could pose a direct threat to the health or safety of the disabled employee or others. DRUG-FREE WORKPLACE & SUBSTANCE ABUSE TESTING 312 The City of Hutchinson is committed to providing a drug-free workplace, and to promoting a work environment free from the effects of the misuse and abuse of alcohol and drugs. Employee abuse of alcohol and drugs, both on and off the job, endangers the safety of the employee, coworkers, and the general public, increases the potential for accidents, absenteeism, substandard performance, poor employee morale, and damage to the City 's property and reputation. The City maintains a zero-tolerance policy for alcohol and/or substance use as defined by this policy. Any employee who tests positive, as defined by this policy, or refuses to be tested for illegal substances or alcohol when required by this policy will be terminated. Employees will also be subject to disciplinary action up to and including termination of employment for other violations of this policy. Any candidate undergoing pre-employment testing whose results are positive will be disqualified from employment. Responsibilities – The City’s Human Resources Department has the primary responsibility for the overall administration and oversight of this policy as well as coordination of all testing. Department Heads, Division Heads and Supervisors are responsible for complying with the requirements of this policy and shall be trained in the identification of signs of alcohol and drug abuse. They shall also ensure that employees under their supervision are informed of the requirements of this policy. Voluntary Rehabilitation Provision – The City maintains an Employee Assistance Program (EAP), which may be confidentially used by any employee who needs assistance in overcoming alcohol and/or drug problems. An employee that voluntarily discloses to management that he/she has a substance abuse problem prior to an event that results in testing will not be subject to disciplinary action. In such cases, the employee will be required to be immediately assessed/evaluated by a Substance Abuse Professional (Certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) and will be required to successfully complete all conditions of the treatment program prescribed by the SAP. Should the employee fail to successfully complete all conditions of the substance abuse treatment program, his/her employment will be terminated. It will be determined by the City on a case-by-case basis whether an employee will be allowed to return to duty while undergoing treatment. The returning employee will also be subject to no-notice substance abuse testing for a period of 60 months following the completion of the treatment program. Employees who test positive at any time during the follow-up testing period shall be terminated.
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