(A) The Code of Federal Regulations, Part 382, prohibits the use/misuse of controlled substances and/or alcohol by drivers of commercial motor vehicles.
(B) Notwithstanding the disciplinary action as cited in this policy, under this government entity's independent authority, the unlawful manufacture, distribution, dispensation or possession of drugs are prohibited on this government entity's premises, in any government entity-owned or leased commercial motor vehicle, or other location at which the driver is to perform work. If an official of this government entity proves a driver is engaging in activities as stated above, the driver shall be subject to termination. Any driver who faces criminal action as a result of engaging in activities as stated above will be immediately suspended without pay until the court determines innocence or guilt. If the driver is convicted, the driver will be immediately terminated. If the driver is found innocent, the driver will be placed back into a safety sensitive function. No retroactive pay will be given to the driver.
(C) Under this government entity's independent authority, we may conduct reasonable searches for illegal drugs or alcohol on government premises or in government entity-owned or leased motor vehicles.
(D) No driver, at any work site, in any government entity vehicle or leased vehicle, will possess any quantity of any controlled substance or alcohol, lawful or unlawful, which in sufficient quantity could result in impaired performance. The only exception being a substance administered by or under the direction of a physician, as stated in this section below.
(E) Searches of drivers and their personal property may be conducted when there is reasonable grounds to believe the driver is in violation of this policy.
(F) All drivers are expected to cooperate in such searches. A driver's refusal to cooperate or consent to such searches may result in disciplinary action, including termination.
(G) The only exception to alcohol possession in this policy is alcohol not intended for human consumption or products containing alcohol which, when ingested would not impair driving ability while performing safety-sensitive functions.
(H) This government entity will maintain a pre-employment screening program designed to prohibit the hiring of anyone who uses any illegal drugs.
(I) No driver will consume any Schedule 1 drug of the Schedule of Controlled Substances of the Drug Enforcement Administration (marijuana, cocaine, opiates, phencyclidine, amphetamines) or any other drug as cited by the USDOT, Federal Highway Administration, while on or off duty, except as provided in the following division of this section. No driver shall continue to perform safety-sensitive functions after a positive drug test result. No government entity, having actual knowledge of a positive drug test result, shall permit the driver to continue to perform safety-sensitive functions.
(J) A driver may use a substance administered by or under direction of a physician who has advised the driver that the substance will not affect the drivers ability to safely operate a CMV. Under this government entity's independent authority, the driver will be required to inform this government entity of any prescribed medications which may impair their ability to perform a safety-sensitive function. This government entity will require written verification from the prescribing physician that the prescribed medication will not adversely affect their ability to safely perform a safety-sensitive function. The driver shall promptly provide such written verification to this government entity. If the prescribed medication should adversely affect their ability to perform a safety-sensitive function, or, if the driver does not promptly provide written verification from the prescribing physician, this government entity will temporarily remove or reassign the driver from the safety-sensitive function if deemed appropriate.
(K) A driver may use an over-the-counter substance that will not affect the driver's ability to safely perform a safety-sensitive function.
(L) The consumption of alcohol is prohibited while the driver is performing a safety-sensitive function. No driver shall report for duty or remain on duty, requiring the performance of safety-sensitive functions, while consuming or having consumed alcohol within four hours of reporting for such duties, or having a BAC of .02 or greater. No government entity having knowledge of such conditions shall allow a driver to perform or continue to perform safety-sensitive functions. Any driver having a BAC of .04 or greater shall be subject to the disciplinary action set forth in § 39.29 of this policy.
(M) No driver required to take a post-accident alcohol test shall use alcohol for up to eight hours after the accident or until a post-accident test is completed.
(N) No driver shall refuse to test when required under 49 CFR Part 382. This government entity shall not permit a driver who refuses to test when required under 49 CFR Part 382 to perform or continue to perform a safety-sensitive function.
(O) Any driver who has engaged in conduct prohibited in this section shall be advised by this government entity of the resources available in evaluating and resolving problems associated with the misuse of alcohol and/or drugs by providing the driver with the name, address and telephone number of one or more SAP's and treatment facilities.
(Ord. 858, passed 12-20-95; Am. Ord. 936, passed 5-20-98)