(A) The following shall be considered PROHIBITED CONDUCT for purposes of this subchapter.
(1) No driver shall report for duty or remain on duty while having an alcohol concentration of 0.02 or greater.
(2) No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol unless the alcohol is manifested and transported as part of a shipment.
(3) No driver shall use alcohol while performing safety-sensitive functions.
(4) No driver shall perform safety-sensitive functions within four hours after using alcohol.
(5) No driver required to take a post-accident alcohol test shall use alcohol for eight hours following the accident or until he or she undergoes a post-accident alcohol test, whichever occurs first.
(6) No driver shall refuse to submit to a post-accident, a random, a reasonable suspicion, return-to-duty, or a follow-up breath alcohol or urine drug test.
(7) No driver shall report for duty or remain on duty when the driver uses any controlled substance, except when use is pursuant to the instructions of a physician who has advised the driver that the substances does not adversely affect the driver’s ability to operate a commercial motor vehicle.
(B) If the city has actual knowledge or has reason to believe that a driver has engaged in prohibited conduct, the city may require the driver to submit to drug and/or alcohol testing.
(C) If a driver engages in prohibited conduct, the driver is not qualified to drive a commercial motor vehicle and shall be immediately removed from service. The city may, in its discretion, at the request of the driver, keep the driver’s position open while such driver attempts to become requalified. The city may also take action against the employee, up to and including termination.
(Ord. 2, 1996, passed 3-19-1996)