Agenda - Council - 12/12/1995 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I I 1) 2) 3) 4) Firs~t Positive Test Result: Give the driver an opportunity to participate in eith~er a' drug or alcohol counseling or rehabilitation program, whichever is moie appropriate. The City, through its Employee Assistance Program, may determine which program is more appropriate after consultation with a S.bbstance Abuse Professional or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or reh,~bilitation program will be at the driver's own expense or pursuant to cov'~rage under'the driver's own benefit plan. If the driver either refuses to parl:icipate in the counseling or rehabilitation program or fails to successfully con~plete the program as evidenced by withdrawal from the program before con~pletion or by a positive test result on a confirmatory test after con~pletion of the program, and alcohol or drug abuse prevents the driver fro~ performing the safety-sensitive functions of the job in question, the de artment director will recommend to the City Manager that the driver be dis~.,harged from employment. .Se~ rond Positive Test Result: Where alcohol or drug abuse prevents the dri~ er from performing the safety-sensitive functions of the job in question, the department director will recommend to the City Manager that the driver be :lisciplined; including, but not limited to, discharge from employment. Th~ Driver, whether discharged or not, will have access to the City's EmPloyee Assistance Program for evaluation and referral in resolving ~lems with alcohol misuse and controlled substance use. pro. Su,,lDensions 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 cod, firmatory retest (controlled substances only), provided the City believes tha! it is reasonably necessary to protect the health or safety of the driver, co-~mployees, or the public. Otlter Misconduct: Nothing in this policy limits the right of the City to dis{ipline or discharge a driver on grounds other than a positive test result in { co.nfirmatory test, including conviction of any criminal drug statute for a violation occurring in the workplace. Penalties Criminal penaltie~ shall be as prescribed by 49 U.S.C. Sec. 521(b)(2), which provides that an employee wh~ knowingly and willfully violates the Omnibus Transportation Employee Testing Act whileioperating a commercial motor vehicle by activities that have led or could have led to deatf or serious injury is subject to the statutory criminal sanctions. Referral, Evalual on, .and Treatment a) Resource ~,dvisory. Each driver who engages in conduct prohibited by federal law and this p.~)licy shall be advised by the City of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and