(A) The following shall be considered “prohibited conduct” for purposes of this policy for all employees covered in this policy. All employees of the city are considered to be employed in safety sensitive areas due to the nature of municipal employment, which may include, but may not be limited to the following types of work:
(1) All time spent at a facility waiting to be dispatched or dispatching employees;
(2) Inspecting, servicing, or conditioning any commercial motor vehicle or city vehicle or implement at anytime;
(3) Driving, which includes all time spent at the driving controls of a commercial vehicle in operation or a city vehicle, and all time spent operating any vehicle or implement of any nature, whether owned by the city or not, on a public way during the employee’s work time;
(4) Spending time, other than driving time, in or upon any implement, commercial vehicle or city vehicle;
(5) Loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle;
(7) Performing accident-related duties, which includes giving or taking statements, completing accident -related claim forms;
(8) Obtaining or having access to confidential personal information for any person during the course of city employment, this may include, but may not be limited to dates of birth, social security numbers, bank account numbers, charge card information, health information, passwords, or access codes;
(9) Responsibility for obtaining, monitoring, or submitting information concerning municipal utilities;
(10) Access to the public water supply or to the sanitary sewer treatment stream prior to final discharge;
(11) Supervision of persons under the age of 18;
(12) Providing, dispatching, supervising public safety activities; and
(13) Handling cash, checks, credit/debit cards in the course of employment.
(B) No employee shall report for duty or remain on duty requiring the performance of their municipal duties while having an alcoholic concentration of .02 or greater.
(C) No employee shall be on duty or operate a commercial vehicle or city vehicle or implement while the employee possesses alcohol.
(D) No employee shall use or possess alcohol while on duty. No employee shall use or possess a controlled substance while on duty, except as provided below.
(E) No employee shall perform safety-sensitive functions within four hours after using alcohol.
(F) No employee required to take a post- accident test shall use alcohol for eight hours following the accident or until he or she undergoes a post-accident test, whichever occurs first.
(G) No employee shall refuse to submit to a post-accident, random, reasonable suspicion, baseline, return-to-duty, or follow-up alcohol or drug test.
(H) No employee shall report for duty or remain on duty when the employee uses any controlled substance, except when use is pursuant to the written instructions of a licensed physician who has advised the employee and the city that the substance does not adversely affect the employee’s ability to operate a commercial motor vehicle or city vehicle/implement or perform the essential functions of the employee’s job.
(I) Off-duty use of drugs and alcohol is prohibited to the extent it affects an employee’s attendance or performance and his/her ability to pass required alcohol and controlled substance tests.
(Ord. 13-33, passed 11-14-13) Penalty, see § 10.99