§ 33.04  PROHIBITIONS.
   (A)   Alcohol concentration. No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.02% or greater.
   (B)   Alcohol possession. No covered employee shall perform a safety-sensitive function while the employee possesses alcohol, unless the alcohol is manifested and transported as part of a shipment.
   (C)   On-duty use. No covered employee shall use alcohol or a controlled substance while performing safety-sensitive functions.
   (D)   Pre-duty use. No covered employee shall perform any safety-sensitive function with four hours after ingesting alcohol.
   (E)   Use following an accident. No covered employee involved in an accident and required to provide a post-accident alcohol test shall use alcohol for eight hours following the accident, or until he or she undergoes a post-accident test, whichever occurs first.
   (F)   Refusal to submit to required alcohol or controlled substance test. No covered employee shall refuse to submit to a post-accident alcohol or controlled substance test, a random alcohol or controlled substance test, a reasonable suspicion alcohol or controlled substance test or the follow-up alcohol or controlled substance test as required under 49 C.F.R. part 382 or the city’s policy and procedures.
   (G)   Controlled substance use. No covered employee shall report to duty or remain on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial motor vehicle. If the safety sensitive employee is taking a controlled substance listed on the DOT prohibited medication listing, the employee is required to submit a signed statement from the prescribing physician stating that the employee may perform safety sensitive functions while taking a prohibited medication. The prescribing physician shall not name the prescribed medication in his or her report to the employer.
(Res. 2003-01, passed 1-7-2003)