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THIS ORDINANCE STATES THAT EMPLOYEES IN A SAFETY SENSITIVE POSITION, LIKE A FIRE FIGHTER, POLC OFFICER, OR SOMEONE USING HEAVY EQUIPTMENT, THAT HAS A MEDICAL MARIJUANA CARD, MUST NOTIFY HUMAN RESOURCES. IN SOME CASES, THESE EMPLOYEES MIGHT BE MOVED TO A DIFFERENT POSITION. (Gina Lewis, Human Resources Director, City of Springdale) "If an employee has a medical marijuana card, we would try to work with them anyway that we can." THE CITY OF SPRINGDALE HAS BEEN A DRUG-FREE WORKPLACE SINCE 1988. NOW THAT MEDICAL MARIJUANA IS AVAILABLE WITHIN THE NATURAL STATE, H-R DIRECTOR GINA LEWIS SAYS THEY MUST BE PROACTIVE ABOUT UPDATING THEIR EMPLOYEE HANDBOOK. THEY SAY THE RULES ARE IN LINE WITH THEIR POLICIES ABOUT OPIATES. "With medical marijuana, our safety sensitive positions, that would be our police department, fire department, anybody that holds public safety or lives in their hands so to speak. It limits them, it makes them unable to use medical marijuana while in this position." ONLY CITY EMPLOYEES WORKING IN THESE SAFETY SENSITIVE POSITIONS ARE REQUIRED TO NOTIFY HR. ALL EMPLOYEES ARE FORBIDDEN FROM COMING TO WORK UNDER THE INFLUENCE OF MEDICAL MARIJUANA, AND UNABLE TO TAKE THE DRUG WHILE AT WORK... "Through the ADA, we want to make sure that they're protected, however we can't have them working in those positions while they're using medical marijuana, particularly the police department because Arkansas state law says a person can't carry a gun while using medical marijuana." (Connie Romero, Springdale Resident) "I personally don't find that it interferes with my day to day processing of life. So I don't see there's anything wrong with it. I think it's better than taking hard core medication." CONNIE ROMERO HAS MULTIPLE SCLEROSIS AND USES MEDICAL MARIJUANA. SHE SAYS SHES EMPATHETIC WITH CITY EMPLOYEES WITH JOBS THAT ARE IMPACTED BY MEDICAL MARIJUANA. "I think that they should just make it aware that they are not intoxicated by medical marijuana. It is solving their problems, their issues, they are able to function in life." BUT SOME IN THE COMMUNITY FEEL THE CITY IS DOING THE RIGHT THING BY ADDRESSING MEDICAL MARIJUANA. (Sonny Hale, Fayetteville Resident) "Well it's something new to everybody so there's going to be a lot of new policies with it." THE CITY OF SPRINGDALE SAYS THEY'RE STILL WORKING TO NOTIFYING THE NEARLY 600 CITY EMPLOYEES OF THIS NEW RULE. AND AGAIN THEY WANT TO STRESS THAT IF A CITY TRUCK DRIVER, FOR EXAMPLE, USES MEDICAL MARIJUANA, THEY WILL WORK WITH THEM TO PLACE THEM IN A POSITION THAT WOULD NOT CREATE ANY PUBLIC HARM LIVE IN SPRINGDALE JW 4029 NEWS.

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The Springdale City Council voted Tuesday night to include medical marijuana in the city's drug-free work place policy that's listed in the city employee handbook. Employees that hold "Safety-Sensitive" positions are required to notify HR if they own a medical marijuana card, and could be moved into a safer position.“If an employee has a medical marijuana card, we would try to work with them anyway that we can,” said Gina Lewis, the city of Springdale's Human Resources Director.“With medical marijuana, our safety sensitive positions, that would be our police department, fire department, anybody that holds public safety or lives in their hands so to speak. It limits them, it makes them unable to use medical marijuana while in this position.”Read below for the full ordinance passed by the Springdale city council. 3.11 Drug-Free Workplace:It is the policy of the City of Springdale to create a drug-free workplace in keeping with the spirit and intent of the Drug-Free Workplace Act of 1988 and itsamendments. The use of controlled substances by employees subjects City employees and visitors to City facilities to unacceptable safety risks and undermines the City's ability to operate effectively and efficiently. Therefore, the unlawful manufacture, distribution, dispensation, possession, sale, or use of a controlled substance in the workplace or while engaged in City business for the City of Springdale or on the City's premises is strictly prohibited. Such conduct is also prohibited during non-working hours to the extent that, in the opinion of the City, it impairs an employee's ability to perform on the job, or threatens the reputation, or integrity of the City. Employees convicted of controlled substances related violations in the workplace must inform the City within five (5) days of such conviction or plea. Employees who violate any aspect of this policy shall be subject to disciplinary action up to and including termination.Medical Marijuana PolicyWhile marijuana is still considered an illegal drug by the federal government and is considered a prohibited drug for purposes of the City of Springdale's Alcohol/Drug Free Work Place Policy, state law recognizes a limited exception for medical marijuana. The following rules apply for any employee or applicant of City of Springdale who possesses a medical marijuana certification:l. Possession, Use and Ingestion: No employee or applicant is allowed to possess, use or ingest medical marijuana in the work place (including when in the field), in a City vehicle, or during work hours, regardless of whether he or she possesses a medical marijuana card.2. Being Under the Influence: No employee or applicant should be under the influence of medical marijuana in the work place (including when in the field), in a City vehicle, or during work hours. Further, employees under the influence of medical marijuana are prohibited from undertaking any task that would constitute negligence, and are prohibited from operating any type of powered vehicle or powered equipment - handheld or otherwise.The term "under the influence" means symptoms of the current use of medical marijuana that may negatively impact the performance of the job duties or tasks or constitute a threat to health or safety, which can include:a. Symptoms of an applicant or employee's speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, or other irrational or unusual behavior that are inconsistent with the usual conduct of the applicant or employee;b. Negligence or carelessness in operating equipment, machinery, or production or manufacturing processes;c. A disregard for safety;d. Involvement in an accident that results in:(i) Damage to equipment , machinery, or property;(ii) Disruption of a production or manufacturing process; or(iii) An injury; ore. Other symptoms causing a reasonable suspicion that the current use of marijuana may negatively impact the performance of the job duties or tasks or constitute a threat to health or safety.The determination of whether an employee or applicant is under the influence of medical marijuana will not be based solely on the results of a drug test. Additional factors will be considered in making a determination, including (but not limited to) the following: observed conduct, behavior or appearance; information reported by a person believed to be reliable, including a report by a person who witnessed the use or possession of medical marijuana or medical marijuana paraphernalia by an applicant or employee in the workplace; lawful video surveillance; statements from the employee or other persons; printed materials that may accompany medical marijuana; information from a physician, medical review officer, or dispensary; records of government agencies, law enforcement or the courts; information from reputable reference sources in print or on the internet; and any other information reasonably believed to be reliable or accurate, including information obtained as a result of an accident or injury of any type.3. Current Use in Safety Sensitive Jobs: Any employee who is about to become or who is a current user of medical marijuana and whose job is classified as "safety sensitive" for purposes of this policy by the City must disclose his or her upcoming or current use immediately to Human Resources. The employee need not disclose the reason why he or she was issued a medical marijuana certification or anything about his or her underlying medical condition, unless required for other reasons. The employee must provide his or her current medical marijuana certification card to Human Resources in order that a copy be made for the employee's medical file. If a new certification card is issued, the employee must provide it as well.Current users of medical marijuana will normally be excluded from safety sensitive jobs . If feasible, the City will attempt to accommodate employees in safety sensitive roles who are about to become or who are current users of medical marijuana. If an accommodation is not feasible, employees may be terminated, although they will be considered eligible for rehire.Safety Sensitive positions are defined by Arkansas law as:(A) "Safety sensitive position: means any position involving a safety sensitive function pursuant to federal regulations governing drug and alcohol testing adopted by the United States Department of Transportation or any other rules, guidelines, or regulations adopted by any other federal or state agency.(B) "Safety Sensitive position: also means any position designated in writing by an employer as a safety sensitive position in which a person performing the position while under the influence of marijuana may constitute a threat to health or safety, including without limitation a position:(i) That requires any of the following activities:(a) Carrying a firearm;(b) Performing life-threatening procedures;(c) Working with confidential information or documents pertaining to criminal investigations; or(d) Working with hazardous or flammable materials, controlled substances, food, or medicine; or(ii) In which a lapse of attention could result in injury, illness, or death, including without limitation a position that includes the operating, repairing, maintaining, or monitoring of heavy equipment, machinery, aircraft, motorized watercraft, or motor vehicles as part of the job duties;…"If you have any questions on whether a job is considered safety sensitive, please contact Human Resources. The Director of Human Resources maintains a list of all safety sensitive jobs, and a job 's safety sensitive status is ordinarily listed on the job description.4. Applicants for Jobs:a. Applicants (internal or external) for safety sensitive jobs who are current users of medical marijuana pursuant to a certification must disclose their status only if they receive a conditional offer of employment from the City. Applicants with a certification who are current users of medical marijuana will be disqualified from any safety sensitive jobs, but will be considered eligible to apply for available non-safety sensitive jobs. Further, these applicants will not be considered ineligible for safety sensitive jobs in the future when they are no longer a current user of medical marijuana .b. Any applicant for a position at the City (safety sensitive or not) who is under the influence of medical marijuana during the application process will be disqualified from consideration. This determination will be made by the hiring manager and/or Human Resources based on the factors listed in Section 2 above.Violations of this policy will result in discipline, up to and including termination of employment.