(A) Irrespective of possible criminal and/or civil proceedings which may arise as a result of prohibited drug use or alcohol misuse, the city reserves the right to apply administrative penalties and sanctions against an employee who violates any rule encompassed by this policy.
(B) Minimum associated consequences of prohibited drug use and/or alcohol misuse are as follows:
(1) Removal from duty. (remainder of the day or work shift for a minimum of eight consecutive hours):
(a) Reporting for or remaining on duty with a BAC(breath alcohol concentration) of 0.02 or greater; or
(b) Consumption of alcohol within four hours of reporting or returning to duty.
(2) Referral to a SAP. A positive test result for a prohibited drug or a BAC of 0.04 or greater; or
(3) Dismissal. Violation under one or more of the following circumstances or conditions constitutes a severe affront to the safety and well-being of other employees and the general public, and is punishable as a major infraction of policy under “due cause proceedings.”
(a) Engaging in the manufacture, distribution, dispensing, possession, and/or use of a prohibited substance on transit division property, in transit vehicles, in uniform, or while on transit division business;
(b) Refusal to submit to drug alcohol testing, including the inability to provide an adequate specimen or breath sample without valid medical explanation;
(c) Leaving the scene of an accident without proper authority, resulting in the inability to conduct drug and/or alcohol testing;
(d) Obstructive behavior, providing false information in connection with a test, or attempting, to falsify test results through tampering, contamination, adulteration, or substitution of specimen samples;
(e) Failure to comply with transit system requirement for treatment or with a prescribed aftercare program; and/or
(f) Failure to notify the city within five days of any criminal drug statute conviction.
(Ord. 1399, passed 3-20-02)