§ 38.30 ALCOHOL AND DRUG ABUSE POLICY AND TESTING PROCEDURE.
   (A)   This alcohol and drug abuse policy is designed to ensure that employees are fit for duty and is adopted because it is the desire of the city to assure the safety of its citizens and its employees. The city believes that its employees in safety sensitive positions cannot safely operate vehicles while under the influence of any controlled substance or while under the influence of alcohol. This policy applies to all employees who perform safety sensitive jobs, including mechanics and employees who are required to hold a Commercial Drivers License (CDL), to perform their job function. This policy covers truck drivers, mechanics, heavy equipment operators, and any other positions that require a commercial drivers license. Safety sensitive employees are expected and required to be in suitable mental and physical condition while at work, performing their jobs satisfactorily and behaving appropriately. When an employee fails to meet these expectations and uses alcohol or other drugs in violation of this policy, that employee should experience disciplinary action. It is for this purpose that the city has implemented the following Substance Abuse Policy which includes testing for the presence of drugs and alcohol. The intent of the city is to also ensure that the city is in compliance with federal law.
   (B)   This policy addresses the use of alcohol and illegal drugs or substances on many fronts. The use, possession, sale, purchase or transfer of unauthorized or illegal drugs or substances, or the abuse or misuse of legal drugs on city property, while on city business or while operating vehicles and equipment, is prohibited. Drinking alcoholic beverages resulting in having any measurable amount of alcohol, as defined in the federal regulations, in an employee’s system during working hours is prohibited, whether on or off city property. Working hours include all breaks. Off- duty use of drugs and alcohol is prohibited to the extent it affects an employee’s attendance or performance and his or her ability to pass required DOT alcohol and controlled substance tests. Any violation of this policy is grounds for discipline, up to and including termination.
   (C)   Physician-directed use of drugs can affect behavior and performance. When such use of drugs adversely affects job performance or safety, it is in the best interest of the driver, coworkers, the public, and the city that the driver take sick or vacation days, or if necessary, unpaid leave in accordance with the Personnel Policy.
   (D)   The city reserves the right to terminate any employee in a safety sensitive position who violates the City Drug and Alcohol Abuse Policy. Reporting to work under the influence of alcohol or non- prescribed drugs or using alcohol or non-prescribed drugs while on the job are listed as cause for discipline up to and including immediate dismissal in the personnel policies. The Department Manager or his or her designee is authorized to implement this policy and program, including a periodic review of the program to address any problems, changes, or revisions of it, and is instructed to maintain all records required by the federal regulations. The Department Manager or his or her designee is responsible for communicating this policy to all employees in safety sensitive positions and is accountable for its consistent enforcement.
(Ord. 3508, passed 11-4-96)