Any employees who take part in prohibited behavior shall be considered “unfit for duty” and immediately removed from their jobs or duties and subject to disciplinary action as specified in the section of the policy titled: Section VIII: Consequences of Violating Policy, or as otherwise allowed.
(A) Possession. It is the policy of the city to strictly prohibit the possession of alcohol or controlled substances by employees while on duty or as described in § 33.19 of this code, unless legally prescribed by a physician. Alcohol may only be in possession of such an employee if it is manifested and transported as part of shipment authorized by the Mayor.
(B) Use of alcohol and/or controlled substance.
(1) Alcohol. It is the policy of the city to strictly prohibit the use of alcohol by all employees while on duty. No employee shall report to duty, remain on duty or perform any function while having an alcohol concentration of 0.02% or greater. No employee shall use alcohol within four hours of reporting to duty.
(2) Illegal controlled substances.
(a) It is the policy of the city to strictly prohibit the use of illegal controlled substances and legal controlled substances used in an illegal manner. No employee shall report on duty or perform any function when that employee:
1. Possesses illegal controlled substances;
2. Has used illegal controlled substances and is under the influence of legal or illegal controlled substances; or
3. Has tested positive for illegal controlled substances or who has been intoxicated, at work, by virtue of the use of legal controlled substances, without first successfully completing the employee re-qualification procedures, as outlined in § 33.26 of this code.
(b) Use of a prescription drug that has not been prescribed to the employee, or in any way other than as prescribed will be regarded as illegal use of a controlled substance and will be subject to the same provisions and penalties as use of illegal controlled substances.
(C) Prescribed medication and over-the-counter medications.
(1) Physician-prescribed and over-the-counter medications can also affect employee behavior, judgment and performance. It is the policy of the city to require all employees, whether or not in safety sensitive positions to:
(a) Inform their supervisor when using physician-prescribed and/or over-the-counter medications which can cause intoxication; and
(b) Secure documentation from a licensed physician, or pharmacist in the case of over-the-counter medication, advising that the substance in use does not adversely affect the employee’s ability to perform the functions of his or her job as specified by his or her job description.
(2) An employee who is temporarily using medication that does not allow him or her to safely perform his or her job and provides documentation stating such from a licensed physician, will be reassigned to a safe duty, or if none is available, then may be required to take leave using any available sick leave, FMLA or other applicable programs. If use of medication extends beyond sick leave, the FMLA and any other available leave options, then reasonable accommodations will be made. If the city is unable to make reasonable accommodation, the employee may be terminated or given leave without benefits or pay.
(3) An employee who is required to use medication that does not allow him or her to perform job functions for an indefinite period that exceeds beyond all available time under sick leave, the FMLA and any other available leave options must provide documentation stating such from a licensed physician. That employee may be reassigned to safe duties, or, if none, terminated or given leave without benefits or pay
(4) Using over-the-counter medication in a way other than as directed so as to cause intoxication will be regarded as a substance abuse matter and shall be subject to the same provisions and penalties as illegal use of controlled substances.
(D) Post-accident use. No employee who is or may be required to submit a post-accident alcohol test shall use alcohol for eight hours, or until tested for alcohol content, whichever occurs first. No employee who is or may be required to submit to a post-accident controlled substance test shall use any controlled substances, except as prescribed by a licensed physician, for 32 hours or until tested for controlled substance use, whichever occurs first.
(E) Refusal to submit to a required alcohol or controlled substance test. No employee shall refuse to submit to an alcohol or controlled substance test if ordered to do so pursuant to this subchapter.
(F) Supervisor responsibility. No supervisor having knowledge that an employee has violated any part of this subchapter (policy) shall permit the employee to continue to perform any job and/or function until the violation is cured. Failure of a supervisor to do so will be cause for employee discipline which may include oral or written reprimand, suspension with or without pay or termination of employment, as the case may warrant.
(Ord. 2000-OR-02, passed 3-6-2000) Penalty, see § 10.99