(A) Any employee who has a positive test for alcohol (.02 BAC or greater) or controlled substances or has refused to test is considered in violation of this policy. This employee is not qualified to drive a commercial motor vehicle, other city vehicle, or perform any duties for the city. The consequences of testing positive or refusing to test will result in termination from employment with the city. City employees who hold a CDL license will be provided with the name, address, and telephone number of qualified substance abuse professionals (SAPs) so they may pursue assistance in completing required DOT rehabilitation should they choose to do this. Non-regulated employees will also be referred to a qualified SAP.
(B) A negative drug or alcohol test conclusion shall result in the employee being immediately returned to work with payment of any loss of wages or benefits suffered during this period of time, and interview records will be destroyed.
(C) An employee who refuses to be tested shall be terminated.
(D) (1) A first positive drug test result shall result in the following discipline:
(a) Forty hours off work without pay.
(b) Referral for treatment/counseling/education program.
(c) Employee will be required to participate in the program.
(d) The employee must have a negative return to duty test.
(e) Clearance for employee to return to work must be given by the SAP.
(2) A second positive drug test shall result in termination.
(E) (1) A first positive alcohol test shall result in the following discipline:
(a) In the event the confirmation test indicates a BAC of .020 to .039, the employee shall be removed from duty for 24 hours, without pay, or until his/her next scheduled on-duty time, whichever is longer.
(b) In the event the confirmation test indicates a BAC of .040 or higher the employee shall be removed from duty for 40 hours, without pay, or until his/her next scheduled on-duty time, whichever is longer.
(c) Referral for treatment/counseling/education program.
(d) Employee will be required to participate in the program.
(e) The employee must have a negative return to duty test.
(f) Clearance for employee to return to work must be given by the SAP.
(2) A second positive alcohol test for a BAC of .020 or higher shall result in termination.
(F) Return to duty/follow-up tests. When an individual has violated the prohibited drug or alcohol conduct standards and is reinstated to his or her former position, follow-up tests are unannounced, and at least six tests can be conducted in the first 12 months after the employee returns to duty and may be extended for up to 60 months.
(G) The employee shall be responsible for the cost of return to duty test and the follow-up tests.
(H) In the event that an employee is not cleared by the SAP to return to work following the employee’s suspension without pay, the employee may use his or her unused vacation while awaiting SAP clearance.
(I) For police and firefighters, discipline shall be administered pursuant to state statute.
(J) An employee disagreeing with test results for drugs shall have the right within 72 hours of when he/she was notified of the test results to have his/her initial sample independently retested by an authorized laboratory at his/her expense.
(K) A report concerning an employee or volunteer who unlawfully manufactures, distributes, dispenses, or possesses drugs shall be filed with legal authorities for appropriate disposition and action.
(Ord. 13-33, passed 11-14-13)