(a) Definitions. For purposes of this section the following terms shall have the following meanings:
(1) "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol and it includes the presence in the body, as detected by breath, blood or urine test, of intoxicating agents in beverage alcohol including, but not limited to ethyl alcohol, methyl alcohol, or isopropyl alcohol.
(2) "Alcohol concentration" means the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten (210) liters of breath as indicated by a breath test under this part.
(3) "Breath Alcohol Technician (BAT)" means an individual who instructs and assists individuals in the alcohol testing process and operates an Evidential Breath Testing (EBT) device.
(4) "Collection site" means a place designated by the employer where individuals present themselves for the purpose of providing a specimen of their urine or blood to be analyzed for the presence of drugs.
(5) "Commercial motor vehicle" means a motor vehicle used in commerce to transport passengers or property if the motor vehicle:
A. Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds, or
B. Has a gross vehicle weight rating of 26,001 or more pounds, or
C. Is designed to transport 16 or more passengers, including the driver; or
D. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR, part 172, subpart P).
(6) “Controlled substance” means any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15. This includes, but is not limited to marijuana, amphetamines, opiates, phencyclidine (PCP) and cocaine, as well as so called "designer drugs" not approved for medical use by the US Drug Enforcement Administration or the US Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of illegally prescribed drugs, and use of illegally obtained prescription drugs
(7) "Covered employee" includes all of the following:
A. All part-time and full time Village employees who possess or who should possess a commercial driver's license (CDL) in order to perform the duties of their Village job classification,
B. All part-time or full-time employees of private employers contracting with the Village to undertake work for the Village which requires one or more employees to possess a CDL and which will occur over a period of ninety (90) or more days in any three hundred and sixty-five (365) consecutive day period,
C. All full-time or part-time Village employees and employees of private employers contracting with the Village to undertake work for the Village which requires one or more employees to possess a CDL and which will occur over a period of ninety (90) or more days in any three hundred and sixty-five (365) consecutive day period who are or will be performing a Safety Sensitive Function as a part of their job duties for or with the Village,
D. All persons for whom such testing is required in order to comply with Urban Mass Transit Administration Regulation 49 CFR 653.17, and
E. All other Village employees or employees of private employers contracting with the Village, who by virtue of Federal or State law or regulation, are legally compelled to submit to controlled substance drug and or alcohol testing.
(8) "Covered vehicle" means a motor vehicle, regardless of its ignition status, whose operator is legally required to possess a commercial driver's license in order to operate it, when such vehicle is either owned by the Village or not owned by the Village but being used by an employee of a private employer to perform a contractual obligation of the employer to the Village.
(9) "DHHS" means the United States Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.
(10) "Drug'' means legally prescribed drugs, any illegal substance, or any controlled substances as defined above and nonprescribed medications which bear a warning label which indicates that mental functioning, motor skills or judgment may be adversely affected.
(11) Refusal to submit to substance abuse test: includes any of the following:
A. Failure to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing.
B. Failure to provide adequate urine for substance abuse testing without a valid medical explanation after he or she had received notice of the requirement for urine testing.
C. Engagement in conduct that clearly obstructs or frustrates or has the effect of obstructing or frustrating the substance abuse testing process.
(12) "Safety sensitive function” means any of the "on-duty" functions described in 49 CFR 395 including, but not limited to, the following:
A. All time while on duty and regardless of location, including waiting to be dispatched, unless the driver has been relieved from duty by the employer;
B. All time inspecting equipment or vehicles;
C. All driving time;
D. All time, other than driving spent in any vehicle whose operator is required to possess a CDL;
E. All time spent loading or unloading a vehicle whose operator must possess a CDL including time supervising or assisting in this process;
F. All time spent performing the requirements specified in Section 49 CFR 392.40 and 392.41 relating to accidents;
G. All time repairing, obtaining assistance, or remaining in attendance of a disabled Village or Village contractor vehicle whose operation requires the operator possess a CDL; and
H. All time spent providing a breath, blood, or urine specimen including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident or follow-up testing required by this Chapter when directed by one's employer.
(13) "Screening test" (or "initial test") means in drug testing, an immunoassay screen to eliminate "negative" urine specimens from further analysis. In alcohol testing, an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.
(14) "Substance abuse test" means a reliable and accurate scientific analysis of blood, breath or urine or other process used for the purpose of detecting and quantifying the presence of drugs, alcohol, and or controlled substances in an employee's system. A substance abuse test may consist of a blood, breath or urine test along or a combination of two or more such tests. This term includes both initial screening tests and tests to confirm initial screening findings. In the case of satisfactory substance abuse test results, time spent in order to travel to the sampling facility, time spent providing a satisfactory test sample pursuant to the insistence of the Village and thereafter time spent returning to work shall be deemed medically unqualified for duty in such cases. An employee requesting a confirming substance abuse test shall be considered to be doing so on the employee's own time.
(b) Substance Abuse Policy, Purpose Applicability, and Rule Making Authority.
(1) Policy. It is the Village's policy to provide safe, dependable and efficient government services to the public. Village employees are a valuable and important resource and it is therefore the Village's policy to provide a healthy, safe, and satisfying working environment for its employees as well as to staff that working environment only with employees who are fit for duty. Federal laws and regulations have been adopted which require the Village to implement a drug, controlled substance, and alcohol screening program for operators of a commercial motor vehicle and for employees who engage in certain safety sensitive occupations. Accordingly, a requirement for entering Village employment, retaining Village employment or advancing in the administrative service of the Village into positions to which the above mentioned Federal regulations apply shall henceforth be that such an employee is fit for duty in the additional sense that he or she is free of drug dependence, not a user of nor a trafficker in controlled substances or drugs, and free of alcohol dependency or use such that his or her normal mental or physical capabilities are not impaired. In meeting these goals, it is further the Village's policy to:
A. Assure that covered employees operating a covered vehicle with or without a commercial driver's license are fit for duty and able to perform their assigned duties in a safe, productive, healthy, and unimpaired manner:
B. Create a workplace free from the adverse effects of drug, alcohol, and substance abuse:
C. Prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol, drugs or controlled substances, among persons entrusted with covered vehicles or persons employed by the Village by contract to engage in work involving the operation of a covered vehicle.
(2) Purpose. The purpose of this policy is to assure that covered employees who operate covered vehicles are fit for duty; to eliminate, if possible, the risk to the Village posed by the use of alcohol, drugs, and controlled substances by covered employees while operating covered vehicles; and to maintain a workplace free of alcohol abuse, controlled substance use or drug abuse. It is further the Village's purpose to detect, identify and remove from duty those operating a covered vehicle because they are not fit for duty. However, it is not the purpose of this policy to warrant or to guarantee to the public at large or other employees of the Village who are injured by a covered employee that the Village has detected or will in every instance detect that a violation of this policy has occurred before some injurious result occurs and it is not the purpose of this policy to create an express or implied warranty on the part of the Village to the public at large or other employees that all covered employees are free from alcohol abuse, drug misuse, or controlled substance use.
(3) Applicability. This section shall apply to covered employees when going to or from work, when going to a work site, when preparing to perform work at a site, when performing work for the Village, when on a break or at lunch while in the course of performing work, after concluding the performance of work at a site but before departing the work site, when returning to the Village facilities following departure from a work site, and when on Village property regardless of work status.
(4) Rule making Authority. The Village Administrator or his designee is hereby authorized to adopt such rules and regulations as well as create forms, documents, and procedures for the implementation of this Chapter. Such activities as are undertaken under authority of this subsection shall be consistent with this Chapter and consistent with the relevant Federal laws and regulations governing substance abuse testing as the same are applicable to the Village.
(c) Substances for Which Tests is to be Conducted. Tests shall be conducted pursuant to the provisions of this section for alcohol, any controlled substance or drug as said terms are defined herein and whose misuse or abuse is addressed in this section.
(d) Grounds for Substance Abuse Testing. All covered employees shall be subject to substance abuse testing of either urine, breath, and or blood under the following circumstances:
(1) Pre-employment or Pre-promotion Testing. All applicants whose names are certified for appointment or promotion to a position whose incumbent would be a covered employee shall be notified by the Department of Civil Service upon certification that a test for drug, alcohol and controlled substance use must precede their appointment or promotion into covered employment. A certified applicant who is tentatively selected for appointment or promotion by the appointing authority and who then refuses, declines, or fails to submit to a drug, alcohol and controlled substance test upon notice to do so by the Director of Civil Service and Personnel shall be deemed to be medically unqualified for covered employment and shall not be appointed or promoted into covered employment. An applicant, who is selected for appointment or promotion and is tested for drug, alcohol and controlled substance use prior to appointment or promotion to covered employment, must receive a satisfactory test result before a Personnel Action Form affecting the job action is executed and delivered to the Director of Civil Service and Personnel by the appointing authority.
(2) Reasonable suspension testing. Covered employees shall be subject to a fitness for duty evaluation, which shall include appropriate urine, blood, and or breath testing when a supervisor has reasonable suspicion that controlled substance use, drug abuse or alcohol use is adversely affecting a covered employee's job performance. A reasonable suspicion referral for testing shall be made on the basis of documented objective facts and circumstances which are consistent with the long or short-term effects of substance abuse. "Reasonable suspicion" means an apparent state of existing facts, circumstances or information which result from an inquiry by the supervisor or from a credible source which would induce a reasonably intelligent and prudent person to reasonably believe the covered employee is under the influence of or using controlled substances, drugs, or alcohol. Reasonable suspicion determinations leading to a substance abuse test shall be made by a covered employee's supervisor who shall be reasonably trained in the detection of the signs and symptoms of substance abuse or who is reasonably familiar with the same, and who reasonably concludes a covered employee's work, mental faculties, or physical capabilities are presently being impaired or affected by substance abuse. Examples of reasonable suspicion include, but are not limited to, the following:
A. Adequate documentation of unsatisfactory work performance or on the job behavior for unexplained reasons;
B. Physical signs and symptoms consistent with substance use:
C. Evidence of the manufacture, distribution, dispensing, possession, or use or controlled substances, drugs, alcohol or other prohibited substances;
D. Occurrence of a serious or potentially serious accident that may have been caused by human error; and
E. Fights (to mean physical contact), assault, menacing, stalking, or threatening behavior, and flagrant disregard or violation of established safety, security or other operating procedures.
Reasonable suspicion shall not be based solely upon a covered employee's possession of alcohol, particularly unopened containers of alcohol or possession of alcohol by trained medical personnel for purposes of medical treatment. Possession of alcohol with observations concerning the employee's appearance, speech, or abnormal conduct are necessary. Possession of a controlled substance shall be reasonable suspicion for requiring a controlled substance test. Possession of drugs shall not be grounds for a reasonable suspicion test if the covered employee can:
A. Satisfactorily explain to his or her supervisor the reason for possession of the drug,
B. Identify the physician who prescribed the drug for the covered employee (this information can be verified to the supervisor by the pharmacy filling the prescription or the prescribing physician) and
C. The use of drugs has not affected or impaired the employee's work performance. The fact a satisfactory explanation is provided shall not negate reasonable suspicion if the covered employee's mental or physical abilities appear to be affected or impaired by the drug. Observations leading to a reasonable suspicion substance abuse test shall be reduced to writing or otherwise preserved within a reasonable time by the supervisor making the decision to require such a test. Once a covered employee has been notified that a reasonable suspicion test will be conducted, the test shall take place within two (2) hours of the notice. If the test is not conducted within two hours, a written record shall be made stating the reasons the test was not promptly administered. If the test has hot been conducted within eight (8) hours following the notification, no test shall be administered and a record shall be made of why the test was not administered within eight (8) hours.
(3) Post-accident testing. A covered employee (as well as any employee operating a covered vehicle despite not having a commercial driver's license) shall be subject to urine, blood or breath testing when a covered vehicle is involved in a collision or when control over a covered vehicle is unexplainably (for non-mechanical reasons) lost. By way of illustration, but not limitation, an unexplained loss of control of a covered vehicle or a collision between a covered vehicle and a person that results in a fatality or injuries requiring medical attention; a collision between a covered vehicle and another vehicle or train resulting in material damage, a collision between a covered vehicle and a stationary or moving object resulting in material damage shall be grounds for a post accident substance abuse test. Material damage for purposes of this subsection means damage estimated to be equal to or greater than four hundred dollars ($400.00). The determination of whether material damage has occurred shall be made by a supervisor other than one who was within the covered vehicle when the triggering event occurred or witnessed that event. The filing of criminal or traffic charges as a result of a triggering event shall not be necessary to require a covered employee or a non-covered employee operating a covered vehicle to submit to a post-accident test. Reasonable suspicion that the operator of a covered vehicle involved in a triggering event has used drugs, alcohol or controlled substances is immaterial to the requirement herein of a post-accident test. Postaccident testing shall not be permitted to delay the administration of necessary medical attention to injured covered employees. Once a covered employee has been notified that a post accident test will be conducted, it shall take place within two (2) hours of this notice. If the test is not conducted within two hours, a written record shall be made stating the reasons the test was not promptly administered. If the test has not been conducted within eight (8) hours following the notification, no test shall be administered and a record shall be made of why the test was not administered within eight (8) hours. Covered employees or non-covered employees, who operate a covered vehicle that is involved in an accident resulting in material damage or in an unexplained loss of control and who are so seriously injured that a substance abuse test cannot be obtained within the requisite two (2) hour period shall execute a medical consent form allowing an analysis of any adequate substitute bodily fluids taken within two hours of the triggering event for the purposes of medical treatment to be used for analysis exist shall cause the employee to be deemed medically unqualified for duty such that a substance abuse test is required before the covered employee may return to work. The Village may, but shall not be required to, substitute, accept, and rely upon the result of any blood, urine, or breath test conducted pursuant to Ohio’s implied consent statute as an accurate and reliable substance abuse test for purposes of this Chapter provided the test is an accurate and reliable means for testing for alcohol, drug and controlled substance abuse. A covered employee or a non-covered employee who operates a covered vehicle involved in an accident, unless injured so seriously that immediate medical attention is required, must make his or her whereabouts known to his immediate supervisor for purposes of remaining available for a possible substance abuse test for the balance of the work day or eight hours after the accident, whichever is later. A covered employee subject to test thereunder who cannot be located following an accident for the balance of the work day or for eight hours after the accident shall be deemed medically unqualified for duty and shall not be permitted to return to work until he or she submits to a substance abuse test.
(4) Random and unannounced testing. Covered employees shall be subjected to random, unannounced urine, blood and or breath testing for the purpose of detecting substance abuse. The process used for selection of a covered employee(s) to take a substance abuse test shall be determined by the Village Administrator, provided, however, that the selection process must yield a random result so that no predictable pattern of identifying the covered employee to be tested will exist, and provided further, that random testing shall be conducted on an intermittent schedule so that predictable time frames when tests will be administered cannot be ascertained. A covered employee randomly selected for an unannounced substance abuse test shall immediately proceed to the designated sampling location to provide a test sample. A covered employee who reuses or fails to travel to the collection site or who refuses or fails to provide a test sample for substance abuse test analysis within a reasonable time after being randomly selected for test shall be deemed medically unqualified for employment and shall be relieved of duty without pay until a sample is provided. Covered employees selected for testing who are not at work when selected shall be passed over if they have been tested within the previous three hundred and sixty five days, and otherwise shall be instructed to report for testing immediately upon their return to work. The number of random unannounced substance abuse tests conducted annually shall equal or exceed fifty percent (50%) of the number of covered employee positions, whether vacant or filled, in the administrative service of the Village. Private contractors shall be subject to a similar number of tests based on the number of covered employees they utilize under a contract with the Village.
(5) Return to duty testing. All covered employees who previously received an unsatisfactory result on a substance abuse test, including any second or confirming test if one was conducted, must undergo return to duty substance abuse testing before returning to work and be evaluated and treated if necessary, for substance abuse, and be released to duty by a competent medical practitioner before returning to work. Covered employees who are subject to return to duty testing shall also be subject to six or more random and unannounced substance abuse tests, to be conducted when the covered employee is at work, during the first twelve months following his or her re-entry into employment separate and apart from their exposure to random and unannounced testing. A successful return to duty test for alcohol shall be a result of 0.02 or less. A negative screen for drugs and controlled substances shall be considered a successful test for return to duty purposes.
(6) Employee requested testing. Any employee who questions the results of a substance abuse test required or administered pursuant to subsections (a) through (e) hereof may request that a confirming test in addition to an initial test be performed. This test may be conducted by the same or a different testing facility, provided the facility is certified by DHHS to meet 29 CFR Part 40 requirements. If possible, the testing shall be conducted with the same specimen (on a split sample if such exists) that was originally submitted to the Village's laboratory. All costs for tests requested by an employee are to paid for by the employee.
(e) Substance Abuse Testing Procedures and Disclosure.
(1) Substance abuse testing shall be conducted using test procedures and analysis techniques that are designed to produce a scientifically accurate and reliable result and efforts shall be made to utilize only laboratory facilities which have been approved by the DHHS when it is reasonably possible to do so without delaying the result of the test. Consistent with obtaining an accurate and reliable result, the Village affirms the need to protect individual dignity, privacy and confidentiality throughout the testing process. Personal data regarding the drug testing program shall be released only to those persons who have a bona fide need to know the information for proper administration of the anti-drug program in accordance with 49 CFR Section 40.81.
(2) For purposes of carrying out its substance abuse testing program for drugs and controlled substances through urinalysis, the Village hereby adopts, as if fully rewritten and incorporated here (including its appendices), the provisions of 49 Code of Federal Regulations Part 40 entitled "Procedures for Transportation Workplace Drug Testing Programs" and more specifically designated "Subject B Drug Testing", as the same were promulgated effective October 14, 1994.
(3) For purposes of carrying out its substance abuse testing program for alcohol by means of breath testing device for covered employees not covered by Federal laws and regulations mandating the substance abuse testing of operators of commercial motor vehicles, the Village of Mingo Junction hereby adopts, as if fully rewritten and incorporated here (including its appendices), the provisions of 49 Code of Federal Regulations Part 40 entitled "Procedures For Transportation Workplace Drug Testing Programs" and more specifically designated as "Subpart C- Alcohol Testing", as the same were promulgated effective October 14, 1994.
(4) For purposes of carrying out the substance abuse testing program mandated by the United States government for commercial motor vehicles operating in interstate commerce, the Village of Mingo Junction hereby adopts, as if fully rewritten and incorporated herein (including its appendices), the provisions of 49 Code of Federal Regulations Part 382 entitled "Controlled Substances and Alcohol Use and Testing" and more specifically designated "Subpart A - General", “Subpart B - Prohibitions", “Subpart C - Tests Required", “Subpart D - Handling of Test Results, Record retention and Confidentiality", and Subpart F - Alcohol Misuse and Controlled Substance Use Information, Training and Referral", as the same were promulgated effective October 14, 1994.
(f) Refusal or Failure to Provide Test Sample; Unsatisfactory Test Result.
(1) Any covered employee who is subject to a substance abuse test under this section and who is informed, orally or in writing, to submit to a substance abuse test shall provide a sample adequate for initial and confirming substance abuse testing. Samples which are provided in an acceptable fashion and to an appropriate container at the testing facility, which sample(s) are then lost, lost by breakage, misplaced, mislabeled, mishandled, or contaminated by the testing facility or its employees so as to be scientifically unreliable shall nevertheless be deemed to be a sample.
(2) Refusal or failure to provide a sample adequate for initial and confirming testing within a reasonable time, or the refusal or failure of a covered employee who is notified to provide a substance abuse test sample to immediately appear for testing, shall cause the covered employee to be deemed medically unfit for duty and to be relieved of duty without pay.
(3) If a substance abuse test indicates the presence of controlled substances, drugs or an impermissible level of alcohol in the covered employee's system, the employee shall be deemed medically unfit for duty, he or she shall be relieved of duty, and he or she shall be subject to disciplinary action.
(4) No covered employee shall be permitted to perform safety sensitive function or engage in the operation of a vehicle whose operation requires a CDL:
A. When test results indicate an alcohol concentration of 0.04 or greater,
B. Within four hours after using alcohol,
C. While using alcohol on the job,
D. During the eight (8) hours following an accident if the covered employee's involvement has not been discounted as a contributing factor in the accident or until the covered employee is tested for substance abuse and achieves a satisfactory result, or
E. If the covered employee refuses to submit to required substance abuse tests. Any covered employee who violates any of these prohibitions shall be removed from safety sensitive functions until he or she has met the conditions for returning to a safety sensitive function by providing a satisfactory test. If a covered employee is found to have an alcohol concentration of 0.02 or greater but less than 0.04 or if the covered employee is under the influence of or impaired by alcohol, as indicated by behavior, speech and performance indicators of alcohol misuse, and a reasonable suspicion alcohol test result cannot be obtained, the covered employee will have to be removed from safety sensitive duties for eight (8) hours or until a test result below 0.02 is obtained.
(g) Conditions for Return to Employment Following a Postive Test. Covered employees who re-enter the administrative service of the Village or return to private employment on a project undertaken by the Village following an unsatisfactory substance abuse test result shall be subject to the conditions which may include, but are not limited to, the following:
(1) A release to work statement from an approved treatment specialist;
(2) A negative return to duty test for drugs, controlled substances and or alcohol;
(3) An agreement to periodic testing for one year;
(4) A statement of expected work-related behavior; and
(5) An agreement to follow specified after care requirements with the understanding that violation of the re-entry contract is grounds for further discipline.
(h) Rules for Village Contractors. Private parties employed by the Village to engage in activities which will extend over ninety (90) or more days in a three hundred and sixty-five consecutive day period and involve activities for which the Federal regulations require substance abuse testing, private employers who employ persons who provide safety sensitive functions for the Village, and private employers who are contractually engaged by the Village to operate vehicles which require the operator of the vehicle to possess a CDL shall adopt an anti-drug policy which contains the same provisions as this Chapter with respect to prohibited conduct and substance abuse testing. No contractor's employee who is in violation of this Chapter may be employed on Village property or operate a vehicle whose operator must possess a CDL on a Village contracted project. Private employers under contract with the Village which subjects its employees to substance abuse testing may, at the sole discretion of the Village and at the contractor's expense, participate in the Village's substance abuse testing program, with the test results being referred to the contractor's management for appropriate personnel action.
(i) General Rules and Prohibitions.
(1) No covered employee of the Village shall ingest, take or use, and covered employees of the Village shall be disciplined for ingesting, taking, or using any prescription drug or controlled substance unless prescribed by a person licensed to practice medicine.
(2) Employees who are required to take prescription medicine which could affect their fitness for duty shall notify their immediate supervisor of the medication prescribed and present proof of possession of a prescription for the same.
(3) Any statutory defined illegal activity by an employee of the Village or an employee of a contractor of the Village involving drugs, controlled substances or alcohol by an employee, whether during or outside Village employment shall be grounds for discipline.
(4) All Village property shall be subject to inspection at any time without notice. Property includes, but is not limited to Village owned vehicles, desks, containers, files and storage lockers.
(5) An employee who believes that another employee is using drugs or controlled substances or alcohol in violation of this section, in an illegal fashion, or is under the influence of drugs, controlled substances, or alcohol shall report the same immediately to his or her supervisor and those who do not report such facts and circumstances immediately to their supervisor shall themselves be subject to discipline for neglect of duty.
(6) Refusal of a covered employee to take a drug test provided for by this section shall result in immediate suspension from Village service without pay pending disciplinary action if the supervisor observes what appear to be the characteristics of drug misuse, controlled substance use, or alcohol misuse.
(j) Satisfactory Substance Abuse Test Result. A satisfactory result shall be considered to be a negative drug and or substance abuse test, whether such test be initial or conforming. A satisfactory alcohol test shall be considered to be a breath alcohol level of 0.02 or less. A breath alcohol test which is 0.04 or less shall not be disqualifying if the applicant, at a time randomly selected by the Director of Personnel within the next seventy-two hours, provides a satisfactory breath test of 0.02 or less on an identical test device. An unsatisfactory result shall be considered a test result other than as described above or an inexcusable failure or refusal to provide a substance abuse test sample. An employee or an applicant for employment may present a current prescription for a drug as justification for any positive drug test result and be considered to have obtained a satisfactory result, provided the dosage prescribed is not deemed to be of such a nature as to impair the applicant's faculties if taken as prescribed.
(Ord. 1995-68. Passed 12-27-95.)