§ 2-235. Types of testing.

(a)

Pre-employment testing. An employee applicant whom the city intends to hire or use shall be tested for the use of drugs, but not alcohol, as a condition of qualifications for employment. A drug test is also required whenever a current employee moves into a safety-sensitive position. No employee shall perform any safety-sensitive functions until a pre-employment test has indicated a verified negative result.

(b)

Post-accident testing. When testing is required:

(1)

The accident involved a fatality; or

(2)

The driver receives a citation under the state or local law for a moving traffic violation arising from an accident.

a.

Injury requiring medical treatment away from the scene; or

b.

One (1) or more vehicles incurring disabling damage* and having to be towed from the scene.

*"Disabling damage" is damage which prevents a motor vehicle from leaving the scene of the accident in its usual manner, in daylight, after simple repairs. This includes a motor vehicle that could be driven but would be damaged further if driven.

It does not include:

• Damage that can be remedied temporarily at the scene of the accident without special tools or parts.

• Tire disablement without other damage, even if no spare tire is available.

• Headlight or tail light damage.

• Damage to turn signals, horn, or windshield wipers which make them inoperative.

If an alcohol test is not performed within two (2) hours of the accident, the city will prepare and maintain on file a record stating why the test was not promptly administered. If an alcohol test has not been conducted within eight (8) hours of the accident, no test will be conducted and the city will maintain the same record. If a drug test has not been administered within twelve (12) hours of the accident, no test will be administered and the city will maintain on file a statement of the reasons the test was not promptly administered.

If an employee subject to post-accident testing does not remain readily available for such testing, he or she will be deemed to have refused to submit to testing. However, an employee is allowed to get necessary emergency medical attention for injured people, or, if necessary, to leave the scene of an accident for the period necessary emergency medical care. The employee is responsible for ensuring that he or she complies with this section of the city's drug and alcohol testing program.

(c)

Random testing. All CDL drivers and safety sensitive employees are subject to unannounced drug and alcohol testing. A random computer selection process will be used to select employees to be tested. Each employee will have an equal chance of being tested each time selections are made. At least fifty (50) percent of all employees subject to testing will be tested each year for drug use. At least ten (10) percent of all employees subject to testing will be tested each year for alcohol use. The dates of testing will be spread reasonable throughout the calendar year. When supervisors are notified of selection of employees they are to proceed to testing site immediately with the employee. Do not let employee eat or drink or le them out of eyesight.

Employees will be tested for alcohol use while performing safety-sensitive functions, just before performing safety-sensitive functions, or just after performing such functions.

(d)

Reasonable suspicion testing. An employee shall submit to testing whenever the city has reasonable suspicion to believe that the employee is using a prohibited drug or is using alcohol in a prohibited manner. A decision to test will be made based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The observations may include indications of the chronic and withdrawal effects of controlled substances. "Reasonable suspicion:" means that the city believes that the appearance, behavior, speech or body odors of the employee are indicative of the use of drugs or alcohol. A reasonable suspicion of drug or alcohol use will be made by a supervisor or, when possible two (2) supervisors. A reasonable suspicion of alcohol misuse can only be made during, or just before or after, that period of the workday when the employee is engaged in the performance of a safety-sensitive function. After observation of suspect conduct, the employee should be transported immediately to a testing site.

The mere possession of alcohol does not constitute a need for reasonable suspicion testing, which must be based on observations concerning the driver's appearance, behavior, speech, or body odor.

Once behavioral, speech, and performance indicators show an employee is under the influence of or impaired by alcohol, the employee must not report for, or remain on duty requiring the performance of safety-sensitive functions. An employee will only be permitted to resume performance after an alcohol test shows the employee's alcohol concentration at less than two hundredths (.02) or twenty-four (24) hours have elapsed following the determination of reasonable suspicion. If an alcohol test is not administered within two (2) hours following the supervisor's observation, a statement of the reasons for delay must be prepared and maintained on file. If an alcohol test is not administered within eight (8) hours, the employee will not be tested and a statement of the reasons for failure to administer the test will be prepared and maintained on file.

Within twenty-four (24) hours of the observations being made or before the results of the drug test are released, whichever is earlier, documentation of the suspicion must be prepared and signed by the supervisor, or company official who made the observations.

(e)

Return to duty testing. Any employee who has engaged in prohibited drug or alcohol use must undergo a drug or alcohol test before returning to duty requiring the performance of safety-sensitive functions. A drug test must indicate a verified negative result for drug use. An alcohol test must indicate an alcohol concentration of less than two hundredths (.02).

(f)

Follow-up testing. An employee who returns to duty after a positive test is subject to follow-up testing. If a substance abuse professional determines that an employee needs help in resolving drug or alcohol abuse problems, follow-up drug and alcohol testing will be administered as directed by that substance abuse professional. At least six (6) tests are required in the first twelve (12) months from the date of the employee's return to duty. Follow-up testing will not exceed sixty (60) months from the date of the employee's return to duty. After the first six (6) tests, an employee may be released from the requirement of follow-up testing if the substance abuse professional determines that such testing is no longer necessary.

(Ord. No. 93-05, § 1, 11-17-05)