277City of Anaheim Administrative Regulation
CHAPTER 2 — EMPLOYMENT PROCEDURES
Subject: Removal From The Workplace A.R. 277
Of Employees Who Are "Unfit For Duty" Issue Date: Sept. 21, 1992
Revised:
Page (1) of (3)
Purpose:
The purpose of this regulation is to establish a policy that gives direction and guidelines
to remove employees who are unfit for duty from the workplace.
The City of Anaheim is committed to a safe workplace. Employees who are unfit for
duty shall be removed from the workplace immediately. Supervisors who carry out this
policy shall receive the full support of their department management and City
Administration.
Procedures:
Guidelines -
Supervisors should rely on their own judgment and personal observations when
assessing an employee's fitness or duty.
2. Supervisor's judgments should be based on job -related criteria when evaluating
employee fitness for duty.
3. Employees may be judged unfit for duty due to illness (mental, emotional or
physical) or use of prescription drugs, alcohol or other substances.
4. Examples of observations that may contribute to an unfit -for -duty judgment:
a. Odor of alcohol on breath
b. Appearance of drowsiness and/or sleepiness
C. Incoherent or impaired speech ability
d. Inability to express thoughts or ideas
e. Dilation of eye pupils
f. Lack of coordination in walking
g. Lack of manual dexterity
h. Inappropriate behavior
i. Out of the ordinary work mistakes, accidents, or injury
5. When a supervisor determines that an employee is not fit to continue performing
assigned tasks, the supervisor must immediately remove that employee from the
workplace.
City of Anaheim Administrative Regulation 277
Page (2) of (3)
6. In removing an unfit employee from the workplace, the supervisor shall be
mindful of the need to protect the employee's privacy.
Procedure:
1. When a supervisor determines that an employee is not fit to continue performing
assigned tasks, the supervisor must immediately remove that employee from the
workplace.
2. No employee who has been found unfit for duty should ever be permitted to drive
City or personal vehicles under any circumstances. Arrangements should be
made for alternate transportation to take the employee home, or to medical or
other appropriate facilities. Alternate transportation, in order of preference, may
include:
A. Contacting a family member to provide transportation
B. Calling a cab
C. Having the employee driven home by the supervisor or other City
employee
3. The supervisor should immediately document in writing observations that form
the basis for a judgment that an employee is unfit for duty.
Avoid subjective judgments such as:
A. "He/she is drunk,"
B. She/he is on drugs,"
C. "He/she is bombed out of his/her mind."
Use objective, job -related terms such as:
A. "There was a strong odor of alcohol on her/his breath; she was unable to
accurately input data."
B. "He/she was unable to maintain a study gait, fell twice; he could not lift
the tool box."
Do not consider an employee's off duty conduct unless such conduct or its effects
are readily observable while the employee is on duty.
4. Maintain confidentiality in the investigation and documentation of the incident.
Do not openly discuss the incident or observations with the employee's
coworkers, the public or the press. Documentation of the incident should be seen
only by those involved in consultation and determinations of future courses of
action.
City of Anaheim Administrative Regulation 277
Page (3) of (3)
5. Do not violate the employee's right to privacy by requiring the employee to
undergo drug or alcohol testing or other medical evaluation. Make your
determination based on the employee's ability to safely perform assigned duties.
6. A decision to remove an employee who is unfit for duty should be made without
regard to the employee's pay status. Pay status will be determined later after
consultation with department management, Risk Management, Human Resources,
and/or Labor Relations.
7. After resolving unsafe work situations resulting from an employee who is unit for
duty, the supervisor should consult immediately with department management to
determine future courses of action, i.e., return to work, referral to Employee
Assistance Plan, discipline, etc.
Responsibility:
Maintaining a safe workplace is a primary responsibility for each and every supervisor.
No time should be lost taking corrective action after you have determined that an
employee is temporarily or permanently "unfit" to perform the tasks he/she has been
assigned.
Each supervisor is responsible and accountable for workplace safety of employees,
equipment and assigned areas.
A major component of this responsibility is an ongoing evaluation of each subordinate's
equipment, tools, skills, knowledge, training, and physical, emotional and mental ability
to safely perform assigned duties.
When, in the judgment of a supervisor, an employee is "unfit" to safely perform assigned
duties, the supervisor has complete authority and full responsibility to remove the unfit
employee from the workplace.
Attachments: None