(A) The following shall be considered “prohibited conduct” for purposes of this policy.
(1) No employee shall report for duty or remain on duty while having a blood alcohol concentration of 0.02 or greater.
(2) No employee shall be on duty or operate a town-owned vehicle or equipment, or a commercial motor vehicle while in possession of alcohol.
(3) No employee shall use alcohol while performing safety-sensitive functions.
(4) No employee shall perform safety-sensitive functions within eight hours after using alcohol.
(5) No employee required to take a post-accident test shall use alcohol for eight hours following the accident, or until he or she undergoes a post-accident test, whichever occurs first.
(6) No employee shall refuse to submit to a post-accident, a random, a reasonable suspicion, return-to-duty, follow-up or a post-injury breath alcohol or urine drug test.
(7) No employee shall report for duty or remain on duty when the employee uses any controlled substance, except when use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to operate a town-owned vehicle or equipment, or a commercial vehicle, or to a perform a safety-sensitive function.
(B) If the town has actual knowledge or reason to believe that an employee has engaged in prohibited conduct, the town may require the employee to submit to drug and/or alcohol testing.
(C) If the employee engages in prohibited conduct, the employee is not qualified to drive a town-owned vehicle or equipment, a commercial vehicle, or to perform a safety-sensitive function, and shall be immediately removed from service. The town may, at its discretion and at the request of the employee, keep the employee’s position open while that employee attempts to become requalified. At its discretion, the town may also take action against the employee, up to and including termination.
(Ord. 95-22, passed 12-27-1995; Am. Ord. 05-04, passed 2-28-2005: Am. Ord. 2012-04, passed 1-23-2012) Penalty, see § 10.99