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Ordinance 13-002 Pre-employment physicals CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 13-002 AN ORDINANCE AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 230.060 RELATING TO DRUG TESTING OF EMPLOYEES, AND PRE-EMPLOYMENT PHYSICALS FOR PROSPECTIVE EMPLOYEES,AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted regulations relating to drug testing of employees and prospective employee and pre-employment physicals for prospective employees pursuant to SVMC 2.50.060, and WHEREAS, the City of Spokane Valley seeks to amend SVMC 2.50.060 to require pre-employment physical exam of prospective employees when the physical nature of the position's essential functions are such that information related to a person's physical abilities is needed to assess their ability to perform those functions, and designate responsibilities for duties contained therein. NOW THEREFORE,the City Council of the City of Spokane Valley, Spokane County,Washington, ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend SVMC 2.50.060, the provisions relating to pre-employment physicals of prospective employees. Section 2.Spokane Valley Municipal Code Section 2.50.060 is hereby amended as follows: A. The Human Resources Manager shall require a pre-offer drug screen test for all applicants and employees applying for a position requiring a commercial driver's license (CDL) or involving safety- sensitive job duties. B. The Human Resources Manager may require an appropriate post-conditional offer,pre-employment physical exam of prospective City employees based upon the safety sensitive nature of the position or the physical requirements of the position's essential functions. C. Employees required to maintain a commercial driver's license (CDL) and employees who are assigned safety-sensitive job duties shall be subject to periodic random drug testing as required by law. D.Upon a finding by an employee's supervisor of reasonable suspicion that the employee's ability to properly perform the job has been lessened by the use of intoxicating liquor and/or drugs, the employee may be required to submit to alcohol or drug testing. In addition, an employee may be required to submit to alcohol or drug testing if the employee is injured or injures another employee during work hours or is involved in a work-related accident and the City reasonably suspects that the employee's actions or failure to act contributed to the injury or accident. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence, clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall become effective five days after publication of the ordinance, or a summary thereof, in the official newspaper of the City. Ordinance 13-002,Amending SVMC 2.50.060 Page 1 of 2 Adopted this 9th day of April, 2013, ATTE A" ___;z4LA. Act', 4 hristine Bainbridge, City Clerk • ayor,To] Towey Of AM r as to Form: Office of the City Attorney Date of Publication: Gl /?- 6'/3 J. Effective Date: V _ r,2 9- J (1/3 Ordinance 13-002,Amending SVMC 2.50.060 Page 2 of 2