(a) For any employee covered by the Collective Bargaining Agreement, any discharge for violation of this policy shall be considered a termination for just cause without the need for any prior warning under Article 11, Section 11.1 of the Collective Bargaining Agreement. The reference to employees in a safety-sensitive position includes all employees of the Water, Wastewater, Street and Electric Department who hold a commercial driver’s license (CDL) and who drive a 26,000 pound vehicle, a vehicle containing hazardous materials or a vehicle designed to carry fifteen or more passengers. These employees will be tested for drugs and alcohol according to a random selection process as required by law.
(b) The following actions are prohibited and may result in discipline up to and including discharge:
(1) Any use, possession, storage, manufacturing, distribution, dispensation or selling of drug paraphernalia, or alcohol during work hours or while on City premises, on City business, or in City vehicles. The presence of over 0.02 alcohol concentration level or any illegally used drugs in an employee’s system during working hours, just before or just after the performance of safety-sensitive functions (driving) or while on City premises, on City business, or in City vehicles.
(2) Use of alcohol off City premises that adversely affects the employee’s attendance, work performance, the employee’s or others’ safety at work, City property or the City reputation in the community, including alcohol use leading to an alcohol-related conviction; and possession, use, manufacturing, distribution, dispensation or selling or drugs off City premises, including possession, use, manufacturing, distribution, dispensation or selling of drugs leading to a drug-related conviction;
(3) Testing positive for drugs/alcohol when tested pursuant to City policy. (Excluding discharge for a positive test pursuant to random selection on a first offense);
(4) Refusing to submit to testing or any inspection according to the procedures outlined in this policy, or failure to cooperate in the testing or any inspection, including refusing to sign any required form consenting to testing and to the release of test results to the City;
(5) Failure to adhere to the requirements of any drug or alcohol treatment program in which the City’s substance abuse professional refers the employee for drug and/or alcohol related problems after a violation of this policy or refusal to sign an agreement acknowledging the terms and conditions, as set forth in Section 157.05, under which the employee shall participate in such treatment program;
(6) Use of medication prescribed for an employee by a physician and according to the physician’s directions is not prohibited by this policy. However, an employee taking prescribed medication must notify his/her supervisor of any known side effects which might affect the employee’s job performance. Employees must keep all prescribed medicine in its original container which identifies the drug, date of prescription and prescribing doctor. The wrongful use or sale of prescribed drugs will be considered a violation of the City’s standards of conduct.
(Ord. 2002-35. Passed 9-3-02.)