163.01 STATEMENT OF PURPOSE/POLICY.

   (a)   The City of Aurora has a responsibility to its employees to provide a safe workplace and a responsibility to the public to ensure that their safety and trust in the City of Aurora are protected. To accomplish that goal, the City of Aurora cannot condone and will not tolerate the abuse of controlled substance and/or alcohol.

   (b)   A purpose of this policy and guidelines is to reduce highway accidents that result from driver use of controlled substances and/or alcohol thereby reducing fatalities, injuries and property damage.

   (c)   A purpose of this policy and procedure is to inform all employees affected by the Omnibus Transportation Act of 1994 (hereinafter, the Act, or Act) and relevant Department of Transportation regulations of the policies of this employer in relation thereto.

   (d)   This policy shall be effective as of January 1, 1996. Any and all employees who are required to have a commercial drivers license in order to perform the duties of their position are subject to the policy and procedures set forth herein, and will have their name placed in a random testing pool so that they may be subjected to random drug and alcohol testing.

   (e)   All such drivers are expected to be free of alcohol and drugs while performing the duties of their positions in order to minimize the risk of accidents, injuries and fatalities. Please consult the definition section of this policy for definitions relevant hereto.

   (f)   This policy outlines the minimum Federal Safety Standards set by the Department of Transportation (DOT) to detect and deter the use of controlled substances (Marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP) and alcohol).

   (g)   The City of Aurora intends to give individuals suffering from chemical dependencies (i.e., drug dependency) and/or alcohol abuse the same consideration it does to individuals having other diseases. In the case of abuse of drugs and/or alcohol, the City of Aurora will use progressive disciplinary measures. These measures are intended to motivate the employee to seek assistance and will, through its Employee Assistance Program, direct said individuals to the appropriate resources that have been identified in the community. Contractual benefits such as sick leave and the group medical plan are available to aid in the rehabilitation process. If given the nature of the infraction (for example, sale or distribution to other employees or causing a fatality while operating a motor vehicle), or the employee's position is one that requires under law a zero threshold for certain drugs and/or alcohol, the penalty for drug and/or alcohol abuse may be termination of employment and, in certain cases, other sanctions as provided for under the law.

   (h)   The testing of employees' urine, breath, blood and/or other means for drugs and/or alcohol is an effective way to identify those in need of counseling, treatment, or disciplinary action. The testing program is intended to supplement, not replace, other means by which the use of drugs and/or alcohol can be detected.

(Ord. 1995-215. Passed 12-18-95.)