§ 33.33 EMPLOYEE POLICY.
   (A)   The following rules represent the city’s policy concerning substance abuse and will be enforced uniformly with respect to all employees of the city who perform duties which could result in bodily harm to themselves or another person. Such duties would include operating city-owned vehicles and equipment, firearms, life support and rescue equipment, hauling or working with hazardous materials, working in confined spaces and other potentially unsafe or hazardous duties related to an employee’s assigned duties.
   (B)   Said policy will cover full-time employees of the Wastewater Treatment Department, Water Treatment Department, Street Department (Street, Sanitation and Sewer), Fire Department and Police Department.
   (C)   Said policy includes the following rules.
      (1)   All employees are prohibited from being under the influence of alcohol or illegal drugs during work hours.
      (2)   The sale, possession, transfer or purchase of illegal drugs on city property or while performing city business is strictly prohibited. Such action will be reported to appropriate enforcement officials.
      (3)   The use, sale or possession of an illegal drug or controlled substance while on duty is cause for termination.
      (4)   Any employee who commits an unlawful act as it pertains to this drug and alcohol policy, whether on or off city premises, or whose conduct discredits the city in any way will be subject to discipline up to and including discharge.
      (5)   No alcoholic beverage will be brought to or consumed on the jobsite. Employees may be tested for alcohol, post-accident, random or for cause, at the direction of the city. Anyone testing above 0.04 will be considered positive.
      (6)   No prescription drug will be brought on city premises by any other than the one for whom it is prescribed. Such drugs will be used only in the manner, combination and quantity prescribed.
      (7)   Any employee whose off-duty abuse of alcohol or illegal or prescription drugs results in excessive absenteeism or tardiness or is the cause of accidents or poor work will be referred to an employee assistance program for rehabilitation, and such employee will face termination if he or she rejects that program.
      (8)   As a condition of employment, an employee will abide by the terms stated in this section and will notify the city of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. Such a conviction will subject the employee to the same disciplinary procedures as those employees who test positive under drug screening procedures.
(Res. 1996-01, passed 2-5-1996)