§ 38.15 ALCOHOL AND CONTROLLED SUBSTANCE PROHIBITIONS.
   (A)   No driver shall perform a safety-sensitive function while having a breath alcohol concentration of 0.02 or greater.
   (B)   No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.
   (C)   No driver shall possess any quantity of alcohol while on duty unless the alcohol is manifested and transported as part of the load. This includes any medicines, both prescription and over- the-counter, that contain alcohol, unless the packaging seal is unbroken.
   (D)   No driver shall use alcohol while performing a safety-sensitive function.
   (E)   When involved in an accident that requires a post-accident alcohol test, the driver shall not use alcohol within eight hours of the accident or prior to submitting for the post-accident test, whichever comes first.
   (F)   A driver who refuses to submit to a DOT required alcohol and/or drug test must not be allowed to perform or continue to perform safety-sensitive functions. Any refusal will be treated in the same manner as a positive alcohol or substance abuse screen.
   (G)   No driver shall perform a safety-sensitive function when the driver uses controlled substances, except when prescribed by a physician who has determined that the substance will not adversely affect the driver's ability to safely drive a commercial motor vehicle.
   (H)   No driver shall perform a safety-sensitive function if the driver has tested positive for controlled substances.
(Ord. 1995-11-34, passed - -95)