180.06 EFFECT OF REFUSAL OR FAILURE TO PROVIDE SAMPLE; EFFECT OF UNSATISFACTORY RESULT.

   (a)    Any covered employee who is subject to a substance abuse test under this chapter and who is informed, orally or in writing, to submit to a substance abuse test shall provide a sample adequate for initial and confirming substance abuse testing. Samples which are provided in an acceptable fashion and to an appropriate container at the testing facility, which sample(s) are then lost, lost by breakage, misplaced, mislabeled, mishandled, or contaminated by the testing facility or its employees so as to be scientifically unreliable shall nevertheless be deemed to be a

sample.

   (b)   Refusal or failure to provide a sample adequate for initial and confirming testing within a reasonable time, or the refusal or failure of a covered employee who is notified to provide a substance abuse test sample to immediately appear for testing, shall cause the covered employee to be deemed medically unfit for duty and to be relieved of duty without pay.

   (c)    If a substance abuse test indicates the presence of controlled substances, drugs, or an impermissible level of alcohol in the covered employee's system, the employee shall be deemed medically unfit for duty, he or she shall be relieved of duty, and he or she shall be subject to disciplinary action.

    (d)    No covered employee shall be permitted to perform a safety-sensitive function or engage in the operation of a vehicle whose operation requires a CDL:

      (1)    When test results indicate an alcohol concentration of 0.04 or greater;

       (2)    Within four hours after using alcohol;

      (3)    While using alcohol on the job;

      (4)    During the eight hours following an accident if the covered employee's involvement has not been discounted as a contributing factor in the accident or until the covered employee is tested for substance abuse and achieves a satisfactory result; or

      (5)    If the covered employee refuses to submit to required substance abuse tests.

   Any covered employee who violates any of these prohibitions shall be removed from safety sensitive functions until he or she has met the conditions for returning to a safety-sensitive function by providing a satisfactory test. If a covered employee is found to have an alcohol concentration of 0.02 or greater but less than 0.04 or if the covered employee is under the influence of or impaired by alcohol, as indicated by behavior, speech, and performance indicators of alcohol misuse, and a reasonable suspicion alcohol test result cannot be obtained, the covered employee will have to be removed from safety-sensitive duties without pay for eight hours or until a test result below 0.02 is obtained whichever occurs first.

(Ord. 96-6-65. Passed 6-12-96.)