(A) The following shall be considered “prohibited conduct” for purposes of this policy for all employees covered in this policy.
(B) (1) No employee shall report for duty or remain on duty requiring the performance of safety- sensitive functions while having an alcoholic concentration of .04 or greater. An employee is considered to be performing a safety-sensitive function if he or she is actually performing, ready to perform, or immediately available to perform any of the following on-duty functions:
(a) All time spent at a facility waiting to be dispatched;
(b) Inspecting, servicing, or conducting any commercial motor vehicle or town vehicle at any time;
(c) Driving, which includes all time spent at the driving controls of a commercial vehicle in operation or a town vehicle;
(d) Spending time, other than driving time, in or upon any commercial vehicle or town vehicle;
(e) 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;
(f) Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
(2) No employee shall be on duty or operate a commercial vehicle or town vehicle while the employee possesses alcohol.
(3) No employee shall use alcohol while performing safety-sensitive functions.
(4) No employee shall perform safety-sensitive functions within four hours after using alcohol.
(5) 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.
(6) No employee shall refuse to submit to a post-accident, random, reasonable suspicion, return-to-duty, or follow-up alcohol or drug test.
(7) 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 physician who has advised the employee and the town that the substance does not adversely affect the employee’s ability to operate a commercial motor vehicle or town vehicle.
(8) Off-duty use of drugs and alcohol is prohibited to the extent it affects an employee’s attendance or performance and his or her ability to pass required alcohol and controlled substance tests.
(Ord. 2-2018, passed 3-25-2018)