An employee who tests positive for controlled substances and/or alcohol, at or above 0.04 shall remain on unpaid leave until becoming “re-qualified” for duty.
(A) Re-qualification criteria. To become re-qualified for duty, the employee must successfully complete the following steps within the prescribed amount of time limitations.
(1) The employee must be evaluated by a substance abuse professional (SAP), designated by the city (or selected jointly by the city and the employee) to determine if the employee is in need of assistance in resolving an alcohol and/or substance abuse problem. The cost of this evaluation will be borne by the employee.
(a) If the employee is determined to have a substance abuse problem, the employee must successfully complete any and all treatment prescribed by SAP and approved by the city. The cost of any treatment prescribed by the SAP shall be borne by the employee.
(b) If the employee is determined to not have a substance abuse problem, the employee will still be subject to all other provisions of the re-qualification criteria.
(2) The employee must pass a return to duty alcohol and/or controlled substance test at the direction of the SAP.
(3) The employee must be cleared to return to duty by the SAP. If the employee has been determined to have a substance abuse problem, then clearance will be conditioned on successful completion and maintenance of the treatment program that was prescribed by the SAP.
(4) Upon clearance to return to duty, the employee must successfully complete all required follow-up controlled substance and/or alcohol tests, as determined by SAP, to remain qualified for duty.
(B) Re-qualification time limitations. An employee must successfully complete the re-qualification criteria and become re-qualified to perform safety sensitive functions within 90 days of the date that the positive sample was collected. Any employee who is not re-qualified to return duty within 90 days may be immediately terminated.
(C) Substance abuse professional (SAP). The Mayor or Board of Public Works may rely upon the opinion of a substance abuse professional, who shall have authority to advise:
(1) Whether or not a substance abuse problem exists;
(2) What, if any, treatment should be prescribed;
(3) Whether or not any prescribed treatment has been successfully completed and maintained;
(4) Whether control substance tests, alcohol tests or both are advisable for return to duty and follow-up testing;
(5) When and how many follow-up tests should be administered according to § 33.25(E) of this code; and
(6) If the Mayor or Board of Public Works should grant the employee clearance to return to duty.
(D) Re-qualification notes.
(1) Under no circumstances shall the employee return to duty less than 48 hours from the time that any positive sample is collected.
(2) The city does not guarantee that a job position will be left vacant or that there will be a new position for an employee should the employee regain qualified status. However, the former employee or employee may be considered for immediate rehire after the employee regains qualified status.
(3) Copies of the Drug and Alcohol Policy and Procedures shall be distributed to all city employees and shall be provided to all newly hired employees at the time a provisional offer of employment is made. All present and future city employees affected by this policy shall sign a letter of acknowledgment pertaining to this subchapter upon passage.
(Ord. 2000-OR-02, passed 3-6-2000)