(A) Disciplinary procedures in general.
(1) This subchapter describes and/or has classified disciplinary procedures for violations of this subchapter. These descriptions/classifications are provided only to illustrate the procedures that will generally be followed in respect to such conduct and are not intended as an exclusive remedy. Likewise, these disciplinary procedures should not be construed, in any way, to limit the city’s discretion in exercising discipline, as it finds appropriate, as is otherwise allowed by law, based on the conduct of the employee and considering the totality of the circumstances.
(2) The city reserves the right to exercise authority independent of Part 382 - Controlled Substances and Alcohol Use and Testing of the Federal Motor Carrier Safety Regulations, in administering disciplinary actions.
(B) Refusal to take test. Refusal to take an alcohol or controlled substance test may result in:
(1) Immediate suspension without pay or termination of employment; or
(2) The withdraw of any conditional offer of employment and refusal to hire an applicant.
(C) Positive test; pre-employment.
(1) A prospective employee who tests positive for alcohol or controlled substances shall not be hired and any conditional offer of employment shall be withdrawn.
(2) A prospective employee who tests positive during the pre-employment screening process may re-apply for a position with the city no earlier than one calendar year from the date that the initial positive test sample was collected.
(D) Positive test; random/reasonable suspicion.
(1) Alcohol (0.02 to 0.0399). An employee who has a positive test for alcohol registering from 0.02 to 0.0399 shall be:
(a) First offense. Immediately removed from duty and allowed to return to work no sooner than 24 hours from the time that the positive test sample was collected. An employee shall not receive pay for any worked missed due to this disciplinary procedure.
(b) Second offense. Immediately removed from duty and suspended without pay for ten days.
(c) Third offense. Immediately removed from duty and terminated.
(2) Alcohol (0.04 to 0.0799) and controlled substances. An employee who has a positive test for alcohol registering from 0.04 to 0.0799 shall be considered “unfit for duty” and:
(a) Immediately removed from duty;
(b) Placed on unpaid leave of absence; and
(c) Be subject to successful completion of the employee re-qualification requirements as outlined in § 33.26 of this code before returning to duty.
(3) Alcohol (0.08 and over). An employee who has a positive test for alcohol registering 0.08 or over may have his employment immediately terminated.
(E) Positive test; return to duty/follow-up.
(1) Return to duty. Any employee who tests positive for controlled substances or alcohol 0.02 and over when taking a return to duty test will be subject to immediate termination.
(2) Follow-up. Any employee who tests positive for controlled substances or alcohol 0.02 and over when taking a follow-up test will be subject to immediate termination.
(F) Failure to remain available following an accident. Failure to remain available following an accident shall be regarded as a refusal to take a test, if it is determined that a test is appropriate under this subchapter. An employee who fails to keep his or her supervisor and the Safety Director informed of his or her whereabouts following an accident will be considered to have refused a test.
(G) Prohibited alcohol and/or controlled substance use following an accident. An employee who is asked to submit to a post accident controlled substance and/or alcohol test and has used alcohol within eight hours and/or non-physician prescribed controlled substances within 32 hours of that accident may be immediately terminated.
(H) Failure to become re-qualified for duty within the prescribed time limitations. Any employee who does not become re-qualified for duty within 90 days may be immediately terminated.
(I) Unreported use of over-the-counter or physician medication. Any employee who is found to be using over-the-counter or prescription medication which could cause intoxication, without properly reporting it to his or her supervisor and/or receiving approval from a licensed physician or pharmacist, if applicable, will be suspended without pay until proper documentation is provided for use of the medication is stopped.
(J) Second positive test. It is the polity of this city to immediately terminate an employee who receives a total of two positive tests for controlled substance, alcohol (0.02 and over) or a combination of both.
(K) All other violations. Violations of the rules, regulations and prohibitions of this policy not listed herein will be subject to disciplinary measures based on the severity of the misconduct or the totality of the circumstances at the discretion of the Mayor and/or Board of Public Works & Safety.
(Ord. 2000-OR-02, passed 3-6-2000) Penalty, see § 10.99