12/18/1995 Council Packet - Laserfiche WebLink

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3. Employees shall be evaluated by a substance abuse professional with the City Employee Assistance Program at City cost. The substance abuse professional shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substance use; 4. Before an employee returns to duty requiring performance of a safety -sensitive function he/she shall undergo a return -to duty test with a result Indicating a breath alcohol level of Tess then 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use; 5. In addition, each employee identified as needing assistance in resolving problems associated with alcohol or controlled substances shall be evaluated by a substance abuse professional to determine that the employee has followed the rehabilitation program prescribed; 6. The employee shall also be subject to unannounced follow-up alcohol and controlled substance testing following the employee's return to work. This testing shall be as directed by the substance abuse professional and federal law;. 7. Federal Highway Administration (FHWA) rules require that in the event of an alcohol test result over 0.02 but less then 0.04, an employee shall not be permitted to perform safety -sensitive functions for not less than 24 hours. No action will be taken against an employee or job applicant based on a positive initial result that has not been verified by a confirmatory test. If a job applicant receives a positive confirmatory test result, the City will withdraw the conditional offer of employment and provide the applicant with the reason. If an employee receives a positive confirmatory test result, the City will make reasonable accommodations to allow the employee to participate in a counseling or rehabilitation program. However, the City may discharge the employee if the substance abuse professional recommends a counseling or rehabilitation program and the employee refuses to participate or fails to successfully complete the program. Accommodations will be made for the initial rehabilitation. The City will consider the frequency and/or severity of subsequent positive confirmatory tests and such tests may be considered a failure to successfully complete the program. If the City deems that there was a failure to successfully complete the program, the employee will be disciplined up to and including discharge. If the City believes its necessary to protect the safety of the employee, other employees, or the public, the City may temporarily suspend or reassign the employee pending the outcome of the confirmatory test or re -test. 10. RIGHTS OF EMPLOYEES AND JOB APPLICANTS Rights of Refusal - Any employee or job applicant may refuse to undergo testing. However, if a job applicant refuses to undergo testing, that applicant's conditional offer of employment will be withdrawn. If an employee refuses to undergo testing, the employee will be considered as testing positive and may be subject to disciplinary action up to and including discharge. 12