Agenda - Council - 01/09/1996 - Laserfiche WebLink

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B) ¢) D) E) Prohibition of Safety-Sensitive Functions. The City shall not permit any driver to perform safety-sensitive functions, including drive a commercial motor vehicle, if the City has determined that the driver has violated federal law or this policy. Refusal to Submit. If the driver refuses to undergo required testing under federal regulations, no test shall be given, and the department director shall recommend to the City Administrator that the driver be discharged l~om employment on the grounds of insubordination. In the case of a j ob applicant applying to drive for the City, if the applicant refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. Pre-Employment Tests. The appointing authority will not withdraw an offer of employment or promotion to a driver position made contingent on the job applicant passing drug and alcohol testing based on a positive test result from an initial screening test that has not been verified by an MRO. Where there has been a positive test result in a confirrnatory test and in any confirmatory retest (controlled substances only), the appointing authority will withdraw the contingent offer of employment or promotion to a driver position. Testing of Employees. The appointing authority will not discharge, discipline, discriminate against, or request or require rehabilitation of a driver solely on the basis of a positive test result from a screening test that has not been verified by a confirmatory test. Where there has been a verified positive test result in a confirmatory test and in any confirmatory retest (controlled substances only), the City may do the following: 1) First Verified Positive Test Result: Give the driver an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The City may determine which program is more appropriate after consultation with a Substance Abuse Professional or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under the driver's own benefit plan. If the driver either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program as evidenced by withdrawal from the program before completion or by a positive test result on a confirmatory test after completion of the program, the department director will recommend to the City Administrator that the driver be discharged from employment. 2) Subsequent Verified Positive T¢st Result: Where a driver receives a subsequent verified positive test result, the department director will recommend to the City Administrator that the driver be disciplined; including, but not limited to, discharge from employment. 3) Suspension~ and Transfers: Notwithstanding any other provisions herein, the City may temporarily suspend the tested employee with pay for up to 90 days or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test, and if requested, the confirmatory retest (controlled substances only), provided the City believes that it is reasonably necessary to protect the health or safety of the driver, co-employees, or the public. 15 I I I I I I i I I I I I I I I I I