Policy Text
Policy
1012Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDrug- and Alcohol-Free Workplace - 1Drug- and Alcohol-Free Workplace
1012.1 PURPOSE AND SCOPE
The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol
in the workplace.
1012.2 POLICY
It is the policy of this department to provide a drug- and alcohol-free workplace for all members.
1012.3 GENERAL GUIDELINES
Alcohol and drug use in the workplace or on department time can endanger the health and safety
of department members and the public. Such use shall not be tolerated (41 USC § 8103).
Members who have consumed an amount of an alcoholic beverage or taken any medication, or
combination thereof, that would tend to adversely affect their mental or physical abilities shall not
report for duty. Affected members shall notify the Watch Commander or appropriate supervisor
as soon as the member is aware that he/she will not be able to report to work. If the member is
unable to make the notification, every effort should be made to have a representative contact the
supervisor in a timely manner. If the member is adversely affected while on-duty, he/she shall be
immediately removed and released from work (see Work Restrictions in this policy).
1012.3.1 USE OF MEDICATIONS
Members should avoid taking any medications that will impair their ability to safely and completely
perform their duties. Any member who is medically required or has a need to take any such
medication shall report that need to his/her immediate supervisor prior to commencing any on-
duty status.
No member shall be permitted to work or drive a vehicle owned or leased by the Department while
taking any medication that has the potential to impair his/her abilities, without a written release
from his/her physician.
1012.3.2 USE OF MARIJUANA
Possession of marijuana, including medical marijuana, or being under the influence of marijuana
on- or off-duty is prohibited and may lead to disciplinary action.
1012.4 MEMBER RESPONSIBILITIES
Members shall report for work in an appropriate mental and physical condition. Members
are prohibited from purchasing, manufacturing, distributing, dispensing, possessing or using
controlled substances or alcohol on department premises or on department time (41 USC § 8103).
The lawful possession or use of prescribed medications or over-the-counter remedies is excluded
from this prohibition.
Members who are authorized to consume alcohol as part of a special assignment shall not do so
to the extent of impairing on-duty performance.
Mountain View Police Department
Mountain View PD Policy Manual
Drug- and Alcohol-Free Workplace
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDrug- and Alcohol-Free Workplace - 2Members shall notify a supervisor immediately if they observe behavior or other evidence that they
believe demonstrates that a fellow member poses a risk to the health and safety of the member
or others due to drug or alcohol use.
Members are required to notify their immediate supervisors of any criminal drug statute conviction
for a violation occurring in the workplace no later than five days after such conviction (41 USC
§ 8103).
1012.5 EMPLOYEE ASSISTANCE PROGRAM
There may be available a voluntary employee assistance program to assist those who wish to
seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides
treatment for drug and alcohol abuse also may be available. Employees should contact the
Human Resources Department, their insurance providers or the employee assistance program for
additional information. It is the responsibility of each employee to seek assistance before alcohol
or drug problems lead to performance problems.
1012.6 WORK RESTRICTIONS
If a member informs a supervisor that he/she has consumed any alcohol, drug or medication that
could interfere with a safe and efficient job performance, the member may be required to obtain
clearance from his/her physician before continuing to work.
If the supervisor reasonably believes, based on objective facts, that a member is impaired by the
consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing
work and shall ensure that he/she is safely transported away from the Department.
1012.7 REQUESTING SCREENING TESTS
The supervisor may request an employee to submit to a screening test under the following
circumstances:
(a)The supervisor reasonably believes, based upon objective facts, that the employee
is under the influence of alcohol or drugs that are impairing his/her ability to perform
duties safely and efficiently.
(b)The employee discharges a firearm, other than by accident, in the performance of his/
her duties.
(c)During the performance of his/her duties, the employee drives a motor vehicle and
becomes involved in an incident that results in bodily injury to him/herself or another
person, or substantial damage to property.
1012.7.1 SUPERVISOR RESPONSIBILITY
The supervisor shall prepare a written record documenting the specific facts that led to the decision
to request the test, and shall inform the employee in writing of the following:
(a)The test will be given to detect either alcohol or drugs, or both.
Mountain View Police Department
Mountain View PD Policy Manual
Drug- and Alcohol-Free Workplace
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDrug- and Alcohol-Free Workplace - 3(b)The result of the test is not admissible in any criminal proceeding against the
employee.
(c)The employee may refuse the test, but refusal