The United States Department of Transportation 1994 Final Rules for Controlled Substances and Alcohol Testing ("Rules") are incorporated by reference in the Personnel Policies of the city. A copy of the Rules is available for review in the office of the City Clerk.
(A) This section shall be deemed to specifically supplement any personnel policy providing for conditions of employment for employees whose duties require them to maintain a Commercial Driver's License in order to lawfully carry out their duties.
(B) The Personnel Director (or other employee with equivalent responsibility) shall establish procedures to ensure compliance with the Rules, including the assignment of a designated representative responsible for the execution of the procedures.
(C) Any laboratory, medical review officer, substance abuse professional or any other professional who receives payment for testing, evaluating record keeping, or other services mandated by the Rules must be qualified according to the Rules and must perform such services in conformance with 49 CFR Part 40 and Part 382.
(D) Drug and alcohol testing will be administered to those employees mandated by the Rules, in the circumstances and in the manner mandated by the Rules.
(E) The penalty for refusal to take a mandated test for drugs or alcohol will be treated as a positive test result.
(F) The penalty for a positive drug test result, once the time limit for requesting a second test of a split sample has expired, or upon receipt of a positive drug test result from the second test, is the employee is subject to disciplinary action up to and including termination.
(G) The penalty for a positive alcohol test is the employee is subject to disciplinary action up to and including termination.
(H) Employees whose initial drug test results are positive and who request a test of the second portion of the split sample will be suspended without pay until such time as the designated representative receives the results of the second (split sample) test. Such second test will be at the employee's expense.
(I) A negative result from the second split sample drug test will render the first test invalid and the employee will be reinstated with back pay and reimbursement for the costs of the second test.
(Ord. 1996-05, passed 3-11-96)