Refusal to submit to the types of drug and alcohol tests employed by the city will be grounds for refusal to hire employee/applicant(s) and to discipline existing CDL employee(s) or non-regulated employee(s) covered by this policy. A refusal to test would include any of the following situations:
(A) Failing to appear for any test within a reasonable time after being directed to do so;
(B) Failing to remain at the testing site until the testing process is completed;
(C) Failure to provide a breath sample, saliva sample, or urine sample as directed;
(D) Failure to permit, if the situation requires, the observation or monitoring of providing a urine specimen;
(E) Failure to provide a urine, breath, or saliva specimen within required time frames may be considered a refusal. If an employee cannot provide a sufficient quantity of urine or breath, he/she will be directed to be evaluated by a physician of employer's choice. If the physician cannot find a legitimate medical explanation for the inability to provide a specimen (either breath or urine), it will be considered a refusal to test. In that circumstance the employee has violated one of the prohibitions of the regulations.
(F) Failure or decline to take an additional drug test the employer or collector has directed you to take;
(G) Failure to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER as part of a "shy bladder" or "insufficient breath" situation;
(H) Failure to cooperate with any part of the testing process and/or conduct that would obstruct the proper administration of a test (for example, refusing to empty pockets when so directed by the collector, behaving in a confrontational way that disrupts the collection process);
(I) For an observed collection, fail to follow the observer's instruction to raise and lower clothing, and to turn around to permit the observer to determine if you have any type prosthetic or other device that could be used to interfere with the collection process;
(J) Possess or wear a prosthetic or other device that could be used to interfere with the collection process;
(K) Admit to the collector or MRO that you adulterated or substituted the specimen;
(L) A report from the MRO that you have a verified adulterated or substituted test result; or
(M) Refusing to sign step two of the alcohol testing form.
(Ord. 2-2010, passed 1-12-10; Am. Ord. 1-2018, passed 1-9-18)