(A) No person covered by this policy shall engage in the manufacture, distribution, dispensing, possession, or use of prohibited substances on transit property, in transit vehicles, in uniform, or while on transit business. Law enforcement officials shall be notified when criminal activity is suspected.
(B) Employees found to be under the influence of a prohibited substance or who test positive for a prohibited drug or alcohol concentration shall be immediately removed from duty. Any safety-sensitive employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be removed from duty pending verification of condition.
(C) A drug or alcohol lost is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above minimum thresholds defined in 49 CFR Part 40.
(D) No safety-sensitive emp1oyee should report for duty or remain on duty when his or her ability to function could be adversely affected by alcohol. No employee shall be permitted to perform assigned safety- sensitive duties when his or her breath alcohol concentration is 0.02 or greater. No safety-sensitive employee shall use alcohol within four hours of reporting for duty, while on call, or while on duty.
(E) All safety-sensitive employees will be subject to urine drug testing and breath alcohol testing at any time while on duty. Any safety-sensitive employee who refuses to comply with request for testing, who provides false information in connection with a test, or who attempts to falsify results through tampering, contamination, adulteration, or substitution shall be immediately removed from duty. Refusal can include an inability to provide a urine specimen or breath sample without valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in an inability to conduct a test. Such refusal constitutes a positive result.
(F) Pursuant to the Drug-Free Workplace Act of 1988, employees must notify the transit system within five days of a criminal drug statute conviction. Failure to comply constitutes a violation of this policy.
(Ord. 1399, passed 3-20-02)