AN ORDINANCE relating to preemployment drug testing; affirming the City's interim drug testing program, adopting a regular preemployment drug testing program for nonincumbent applicants for employment positions which include particular job duties, adopting legislative findings regarding the need for preemployment drug testing, and authorizing the Executive Services Department to continue to implement the City's drug testing program.

WHEREAS, in January 1995, the City of Seattle adopted a U.S. Department of Transportation mandated drug testing program for those employment positions which required a commercial drivers license (CDL);

WHEREAS, in July 1, 1996, the City established a preemployment drug testing program for all applicants for City employment;

WHEREAS, on November 24, 1997, the City Council adopted Resolution No. 29671, which:

1) provided that the City's drug testing program should continue to include drug and alcohol testing for CDL positions and other classes of employees in a manner consistent with federal and state requirements; and,

2) authorized the Seattle Executive Services Department, Personnel Division ("ESD") to implement an interim preemployment drug testing program whereby testing would be limited to applicants for vacancies in employment classifications which involve the following job duties: public safety responsibilities; the direct handling of City funds; handling of dangerous substances; hazardous physical activities; routine operation of motor vehicles, heavy equipment, or power tools; other safetysensitive activities; and anyone working directly with minors;

WHEREAS, in December 1997, ESD developed an interim preemployment drug testing policy and guidelines to implement Resolution 29671;

WHEREAS, ESD reported on the interim preemployment drug testing program to the City Council on February 6, 1998;

AND WHEREAS, ESD, based on its experience administering the interim policy, hereby presents for legislative enactment as regular city-wide policy a preemployment drug testing program;

NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Seattle City Council adopts "Legislative Findings in Support of Preemployment Drug Testing", Attachment A.

Section 2. Based on the legislative findings, the City Council affirms the interim preemployment drug testing policy and guidelines developed by ESD to implement Resolution 29671.

Section 3. Based on the legislative findings, the City Council also hereby adopts the following policy on preemployment drug testing. Guidelines developed pursuant to Sections 3 and 4 of this ordinance shall be consistent with the following policy:

a. Positions subject to testing program limited by duties. Pre-employment drug testing conducted pursuant to this ordinance shall be limited to city employment positions for which the job duties include: 1) public safety responsibilities; 2) handling dangerous substances; 3) hazardous physical activities; 4) routine operation of motor vehicles, heavy equipment, or power tools; and 5) routine performance of other safety sensitive activities;

b. Testing limited to non-incumbent applicants. Preemployment drug testing conducted pursuant to this ordinance shall be limited to nonincumbent applicants (no testing for current city employees applying for vacancies in positions subject to the testing program);

c. Accuracy and reliability of test results. Guidelines developed pursuant to Sections 3 and 4 of this ordinance shall include provisions designed to ensure the accuracy and reliability of the testing process;

d. Use of individual test results limited. Drug test results identifying an individual applicant by name shall be used by the City only for the purpose of making hiring decisions regarding that individual applicant. Results not identifying applicants by name may be used for program evaluation and other research purposes; and,

e. Notice to applicants. Notice that applicants for a particular position will be tested shall, when practical, be included in the job announcement for the position.

Section 4. The Executive Services Department, Personnel Division (ESD), which was authorized to administer the interim preemployment drug testing program and to develop guidelines for its implementation, is authorized to administer the preemployment drug testing program described in Sections 2 and 3 of this ordinance, and to develop, implement, and modify as needed guidelines to administer the program. Such guidelines shall include provisions to implement Sections 2 and 3 of this ordinance.

Section 5. Actions taken consistent with and prior to the effective date of this ordinance are hereby ratified and confirmed.

Section 6. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 1998, and signed by me in open session in authentication of its passage this _____ day of _________________, 1998. _____________________________________ President _______ of the City Council

Approved by me this _____ day of _________________, 1998. ___________________________________________ Mayor

Filed by me this _____ day of ____________________, 1998. ___________________________________________ City Clerk

ATTACHMENT A

LEGISLATIVE FINDINGS in SUPPORT OF PREEMPLOYMENT DRUG TESTING

1) Drug abuse in the work place is a national problem. Recent studies show that the majority of all current illicit drug users aged 18 and older are employed, either full-time or part-time, and a high percentage of workers acknowledge that drug use occurs in their work place.

2) Drug abuse in the work place exists within the City. Random drug testing of incumbent City employees has uncovered a number of employees who have tested positive for drug use. Several of these employees had a history of significant disciplinary incidents, performance-related problems, and a high number of compensation claims filed.

3) Nationwide, illegal drug abuse has resulted in substantial losses to the U.S. economy. These drug abuse-related losses are due in part to lost employee productivity, absenteeism, turn-over costs, increased health care utilization, an increase in workplace accidents and injuries, a higher incidence of workers' compensation claims, and losses from impaired judgment and creativity.

4) Illegal drug abuse by City employees results in large economic and productivity losses for the City. The results of random drug testing by the City show that employees abusing drugs have more industrial injuries than employees without substance abuse problems. This testing also demonstrates that City employees testing positive for substance abuse have filed a higher number of workers compensation claims than have employees testing negative. City comparisons further indicate that employees testing positive used more sick leave as a group than the employees who tested negative for illegal drug use.

5) Preemployment drug testing is utilized widely by both public and private employers within the State of Washington and nationally. The majority of employers with workforces exceeding one hundred employees perform drug testing. In Seattle's labor market, most private employers test new applicants for illegal drug use; nationwide, almost all of the Fortune 200 companies conduct drug testing.

On the federal level, several agencies have implemented mandatory drug testing regulations for employees holding specific positions or performing certain job tasks. Within Washington, numerous other public agencies conduct workforce-wide preemployment drug testing, including the cities of Spokane, Tacoma, Bellingham, Bremerton, Vancouver and Everett as well as the Pierce County Transit Authority. As with these employers, the City of Seattle has an overriding interest in selecting employees who are both healthy and free of substance abuse behaviors that could affect their ability to work safely and efficiently.

6) If drug testing is used only by the City's private employers, the City may become a last resort employer for individuals with substance abuse problems: a repository for persons with drug problems who see the City as their exclusive opportunity for employment. To avoid this problem, studies strongly recommend that public employees be subject to the same substance abuse testing policies and procedures as employees in the private sector. The City is committed to hiring efficient, productive, and safe employees to serve the citizens of Seattle, and preemployment drug testing is a reasonable and effective tool for the City to use in pursuit of this goal.

7) Individuals who abuse drugs do apply for City employment. Having, and publicizing, a drug free workplace/drug testing policy deters some at-risk applicants from applying with the City and correctly and fairly identifies those applicants who are abusing drugs. As a result of the pre-employment drug testing, several applicants have been prevented from becoming City of Seattle employees because of illegal drug use. The deterrent effect of the testing program is evidenced by the correlation between a narrowing of the testing program and an all time high in testing failures. Some applicants explained that they thought the City had abandoned drug testing altogether and thus they would not be caught using drugs.

8) The City utilizes several programs to identify illegal drug use among incumbent employees. While these programs are reasonably effective in identifying illegal drug use among incumbent employees, they are ineffective in identifying drug users among new applicants because, unlike with incumbent employees, the City has had a relatively limited relationship with the new applicants and it possesses relatively little information about these individuals. This lack of a more substantial, on-going relationship and the lack of information make it extremely difficult for the City to determine if a new applicant uses illegal drugs.

The City's on-going relationship with its incumbent employees enables the City to observe these individuals in the workplace, evaluate their work product and safety record, and review their attendance for excessive lateness or absenteeism in order to determine if they are abusing drugs. No comparable opportunity exists with respect to new applicants. In light of the well documented problems that are associated with the abuse of drugs by employees -increased absenteeism, diminished productivity, greater health costs, increased safety problems, potential liability to third parties and more frequent turnover -the City has a legitimate interest in determining whether persons to be employed in any position currently are abusing drugs. Preemployment drug testing of all non-incumbent applicants for selected City jobs is the most effective way to screen applicants for those positions for illegal drug use.

9) National and local studies and statistics indicate that employers who utilize a program of pre-employment drug testing experience a reduction in employee injuries and accidents. The City of Seattle has a compelling interest in protecting the health and safety of its employees and of the public served by these employees, and in preventing and reducing injuries and accidents involving City employees. City studies demonstrate that correlative with the drug testing program, workers' compensation claims have decreased. Also, the preemployment drug testing program has identified a large number of drug users who were not hired, potentially preventing substance abuse-related accidents and injuries and protecting employees and the public from the consequences of drug-abuse related conduct.

10) It is the policy of the City of Seattle to take reasonable steps to ensure that its employees perform their duties and responsibilities free from the influences of illegal drugs. The City's pre-employment drug testing process is a reasonable, minimally intrusive method for ensuring that the City maintains a safe working environment for its employees and provides to the public safe, productive, and efficient services. Unlike most other public jurisdictions in the State of Washington, the City's current preemployment drug testing policy only tests persons whose job duties fall into specific categories: (1) public safety responsibilities; (2) handling of dangerous substances; (3) performing hazardous physical activities; (4) routine operation of motor vehicles, heavy equipment or power tools; and (5) other safety-sensitive activities. When practical, job announcements for drug tested positions provide notice to potential applicants that the open position is one that requires a pre-employment drug test. To ensure the accuracy and confidentiality of its pre-employment drug testing program, the City has established strong program guidelines, procedures, and policies.

11) The City implemented preemployment drug testing for almost all external hires for three primary reasons: (1) to ensure a safe workplace, (2) to maintain a drug free workplace to comply with the Federal Drug Free Workplace Act of 1988 and (3) to avoid economic losses from employee substance abuse. The testing program continues to justify itself as an effective means of achieving these three goals, as it has resulted in lowered workers' compensation claims filed, less sick leave used, and the avoidance of hiring applicants who test positive for illegal drug use.

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