The Metropolitan Government of Nashville and Davidson County
Freddie O'Connell, Mayor
Executive Order 43
Subject: Drug-Free Workplace Provisions for Non-Civil Service Positions
I, Freddie O’Connell, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby find, direct, and order the following:
I. It is the policy of Metropolitan Government to maintain a workplace that is free from the effects of drug and alcohol abuse.
II. Civil Service Drug-Free Workplace Policy 6.I establishes a Substance Abuse Policy for Civil Service Employees of the Metropolitan Government.
III. This Executive Order applies to all employees of the Metropolitan Government who are not already covered by Civil Service Drug-Free Workplace Policy 6.I, excluding the following: Nashville Electric Service, Metropolitan Nashville Airport Authority, Metropolitan Development and Housing Agency, Metropolitan Transit Authority, Metropolitan Sports Authority, Metropolitan Hospital Authority, non-professional employees of the Board of Health, and elected officials.
IV. This Executive Order incorporates Civil Service Substance Abuse Procedures by reference for identifying positions as Public Health and Safety, including any subsequent revisions to the procedure(s).
- Positions are determined to be Public Health and Safety positions by the Human Resources Department and the Metropolitan Legal Department.
- Classifications deemed Public Health and Safety positions have some degree of responsibility for the health and safety of the public or perform work which may involve a higher than normal degree of risk.
V. This Executive Order incorporates Civil Service Drug-Free Workplace Policy 6.I by reference, including any subsequent revisions to the policy. Civil Service Drug-Free Workplace Policy 6.I is available for viewing through the Metropolitan Government’s website.
- All Public Health and Safety sensitive employees and those with a Commercial Driver’s License shall be subject to reasonable suspicion and critical incident testing pursuant to the procedures set forth in Civil Service Drug-Free Workplace Policy 6.I.
- All Public Health and Safety sensitive employees and those with a Commercial Driver’s License are also subject to pre-appointment and random testing pursuant to the procedures set forth in Civil Service Drug-Free Workplace Policy 6.I and the Omnibus Transportation Employee Testing Act of 1991.
- All Public Health and Safety sensitive employees and those with a Commercial Driver’s License shall be subject to return to duty and follow-up testing pursuant to the procedures set forth in Civil Service Drug-Free Workplace Policy 6.I.
- All Public Health and Safety sensitive employees and those with a Commercial Driver’s License are required to immediately report to their supervisor the use of prescription or over-the-counter medication that could impair the employee’s ability to safely and effectively perform his/her job duties pursuant to the procedures set forth in Civil Service Drug-Free Workplace Policy 6.I.
- All Public Health and Safety sensitive employees and those with a Commercial Driver’s License are subject to the consequences of a positive test, including re-tests, return to work and follow-up tests and/or disciplinary action. In addition, employees with a Commercial Driver’s License are subject to suspension of operating a Metropolitan Government vehicle, confidentiality, and the training provisions as set forth in Civil Service Drug-Free Workplace Policy 6.I.
- All employees shall be subject to reasonable suspicion, critical incident, return to duty, and follow-up testing pursuant to the procedures set forth in Civil Service Drug-Free Workplace Policy 6.I.
- All employees are required to immediately report to their supervisor the use of prescription or over-the counter medications that could impair the employee’s ability to perform his/her duties safely pursuant to the procedures set forth in Civil Service Drug-Free Workplace Policy 6.I.
- All employees shall attend Drug Free Workplace training presented by the Human Resources Department to help them understand the policy and the Metropolitan Government’s program on a drug free workplace. Employees shall attend this training every four years.
- Supervisors shall attend Drug Free Workplace training presented by the Human Resources Department every four years. This program will be designed to teach supervisors how to identify and document substance abuse among employees, and to familiarize them with the controlled substances testing program, provisions of this Executive Order, and related laws.
- In accordance with the Drug-Free Workplace Act of 1988, all employees must notify the Appointing Authority of any criminal drug statute conviction occurring in the workplace within five workdays after the conviction.
- All employees must notify the Appointing Authority of any drug and/or alcohol related arrest or citation that occurred on or off duty immediately upon returning to work. After evaluating the specific facts of the employee’s arrest, charge, or citation, the Appointing Authority may restrict an employee from performing safety sensitive duties, including driving.
- The designee of the Mayor shall authorize reasonable suspicion testing of department heads in accordance with Civil Service Drug-Free Workplace Policy 6.I.
Ordered, Effective and Issued: January 17, 2024
Freddie O’Connell
Metropolitan County Mayor