(A) Refusal to submit. Refusal to submit to a controlled substance or alcohol test permitted by this subchapter (policy) under any circumstance or for any non-medical or non-emergency reason is strictly prohibited and is cause for immediate termination of employment. Upon being ordered to submit a sample for a test, all actions taken by the employee must contribute to the collection of a sample. Upon notification, an employee may not continue to perform work and must go directly to the collection site. Refusal to submit to a test includes, but is not limited to the following acts:
(1) Failure to report to the collection site as directed;
(2) Failure to provide the required amount of specimen, i.e., urine or breath (refer to division (B) below);
(3) Failure to remain readily available and notify supervisor of whereabouts following an accident that requires or may require a controlled substance and/or alcohol test;
(4) Any action that does not lead to the collection of a sample; or
(5) Any action or conduct that clearly obstructs the proper collection of a sample.
(B) Inability to provide adequate sample.
(1) An employee who cannot provide an adequate sample for testing is not “fit for duty” and shall not be allowed to continue working at any jobs until an adequate sample can be provided.
(2) If an employee cannot or will not provide an adequate breath or urine sample, the employee may be examined by a physician of the city’s choice and a blood sample taken, at the expense of the city. If there is no medical explanation for the inability to provide a sample, or if the employee refuses to be examined by a physician, it will be considered a refusal to submit to a test. If there is a medical explanation found by the physician for inability to provide an adequate sample for testing, reasonable accommodation will be made, at the direction of the physician, for collection of the sample.
(3) Until a cause for the employee’s inability to provide an adequate sample is determined, the employee shall be removed from duties, without pay.
(Ord. 2000-OR-02, passed 3-6-2000)