§ 2-234. Prohibitions of alcohol and drug use.

(a)

Alcohol use. Employees are prohibited from reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of four hundredths (.04) or greater. Employees with an alcohol concentration of .04 or greater will be immediately removed from safety-sensitive functions. An employee whose test results indicate an alcohol concentration of two hundredths (.02) or greater, but less than four hundredths (.04), will not be allowed to perform safety-sensitive functions until the start of the employees next regularly scheduled duty period, but not less than twenty-four (24) hours following the alcohol test.

Employees are prohibited from possessing or using alcohol while on duty. Employees are prohibited from performing safety-sensitive functions within four (4) hours after using alcohol. Following an accident, employees are prohibited from using alcohol for eight (8) hours or until undergoing a post-accident test.

Misuse of alcohol is grounds for discharge from the city.

(b)

Drug use. Employees are prohibited from reporting for duty or remaining on duty requiring the performance of safety-sensitive functions when the employee uses drugs, unless the use is due to a physician's instruction who has advised the employee that the substance does not adversely affect the employee's ability to safely operate a motor vehicle. The employee must inform the employer of any such therapeutic drug use. If tested positive for drugs, employees are prohibited from reporting for duty, remaining on duty, or performing a safety function. A positive test fro use of controlled substances is grounds for discharge from the city.

(c)

Refusal of test. Refusal to submit to a drug or alcohol test has the same consequences as a positive test result. If an employee fails to provide an adequate testing sample without a valid medical explanation or engages in conduct that obstructs the testing process, that employee will be deemed to have refused to submit to testing.

(Ord. No. 93-05, § 1, 11-17-05)