Laserfiche WebLink
Reasonable Suspicion Testing <br />(a) City's Determination Of Reasonable Suspicion Of Alcohol Violations. The City shall <br />require a driver to submit to an alcohol test when the appointing authority has <br />reasonable suspicion to believe that the driver has violated the provisions of federal law <br />concerning alcohol. The City's determination that reasonable suspicion exists to <br />require the driver to undergo an alcohol test must be based on specific, <br />contemporaneous, articulable observations concerning the appearance, behavior, <br />speech, or body odors of the driver. <br />(b) City's Determination Of Reasonable Suspicion Of Controlled Substance Violations. The <br />City shall require a driver to submit to a controlled substance test when the appointing <br />authority has reasonable suspicion to believe that the driver has violated the <br />prohibitions of federal law or this policy concerning controlled substances. The City's <br />determination that reasonable suspicion exists to require the driver to undergo a <br />controlled substance test must be based on specific, contemporaneous, articulable <br />observations concerning the appearance, behavior, speech, or body odors of the driver. <br />The observations may include indications of the chronic and withdrawal effects of <br />controlled substances. <br />(c) Trained Supervisor Of Employee. The required observations for alcohol and/or <br />controlled substance reasonable suspicion testing shall be made by a supervisor or an <br />employee of the City who is trained in accordance with federal law. The person who <br />makes the determination or who observes or assists with making the determination <br />that reasonable suspicion exists to conduct an alcohol test shall not conduct the <br />alcohol test of the driver. <br />(d) Timing Of Reasonable Suspicion Observations. Alcohol testing is authorized by federal <br />law and this policy only if the observations required by paragraph (1) above are made <br />during, just proceeding, or just after the period of the work day that the driver is <br />required to be in compliance with federal law and these rules. The driver may be <br />directed by the City to only undergo reasonable suspicion testing while the driver is <br />performing safety -sensitive functions, just before the driver is to perform safety - <br />sensitive functions, just after the driver has ceased performing such safety -sensitive <br />functions or while the driver is in a state of readiness to perform safety sensitive <br />functions. <br />(e) City Drug And Alcohol Testing Policy. If the driver is not performing safety -sensitive <br />functions and reasonable suspicion exists, drivers may be tested for drugs and alcohol <br />under the City of Lino Lakes Drug and Alcohol Testing Policy. <br />(f) Prompt Administration Of Test. If an alcohol test required by federal law and this policy <br />is not administered within two hours following the determination of reasonable <br />suspicion, the City shall prepare and maintain on file a record stating the reasons the <br />alcohol test was not promptly administered. If an alcohol test required by federal law <br />8 <br />