§ 33.54 PROHIBITIONS.
   (A)   Alcohol prohibitions.
      (1)   The new alcohol rule prohibits any alcohol misuse that could affect performance of a safety-sensitive function, including:
         (a)   Use while performing safety-sensitive functions.
         (b)   Refer to the 4 hours before performing safety-sensitive functions.
         (c)   Reporting for duty or remaining on duty to perform safety-sensitive functions with an alcohol concentration of 0.04 or greater.
         (d)   Possession of alcohol, unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.
         (e)   Use during 8 hours following an accident, or until he or she undergoes a post accident test.
         (f)   Refusal to take a required test.
      (2)   A driver found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform, nor be permitted to perform, safety-sensitive functions for at least 24 hours. The other consequences imposed by regulations and discussed below do not apply. However, documentation of this test constitutes written warning that company policy has been violated, and the next occurrence could result in disqualification of a driver.
   (B)   Drug prohibitions.
      (1)   The regulations prohibit any drug use that could affect performance of safety-sensitive functions, including:
         (a)   Use of any drug, except by doctor's prescription, and then only if the doctor has advised the driver that the drug will not adversely affect the driver's ability to safely operate the commercial vehicle;
         (b)   Testing positive for drugs; and
         (c)   Refusing to take a required test.
      (2)   All drivers will inform the alcohol and drug program administrator of any therapeutic drug use prior to performing a safety-sensitive function.
(Ord. passed 11-18-1997; Am. Ord. 12-18-2001)