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

   (a)    Any 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 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, relieved of duty without pay, and to be subject to disciplinary action.

   (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 City employee shall be permitted to continue to perform City functions:

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

      (2)   Within four hours after having consumed alcoholic beverages;

      (3)    While using alcohol on the job;

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

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

   Any employee who violates any of these prohibitions shall be removed from City property until the employee completes a satisfactory test. If an employee is found to have an alcohol concentration of 0.02 or greater but less than 0.04 or if the 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 employee will be removed from safety sensitive duties for eight hours or until a test result below 0.02 is obtained, whichever occurs first.

(Ord. 96-12-133. Passed 12-16-96.)