05/07/2012 Council Packet - Laserfiche WebLink

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evidence related to violations of this or other employer policies. An employee who refuses to be tested shall not be permitted to operate a City vehicle or perform safety - sensitive work under any circumstances. 9. Cost of Required Testing. The City will pay for the cost of pre - employment, post - accident, and reasonable suspicion controlled substance and alcohol testing required of all job applicants and employees. Employees will pay for the cost of all requested confirmatory retests, return-to -duty and follow -up tests. C. Prohibition against Controlled Substance and Alcohol 1. Use and Possession of Alcohol or Controlled Substance. Employees are prohibited from the use, possession, transfer, transportation, manufacture, distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol or controlled substances while on duty or while operating any City vehicle, machinery, or equipment except (1) pursuant to a valid medical prescription used as properly instructed; or (2) the use of over -the- counter controlled substance used as intended by the manufacturer. 2. While Impaired of Alcohol or Controlled Substance. Employees are prohibited from having an alcohol concentration of 0.04 or more or any amount of a controlled substance in their urine or blood while on duty or while operating any City vehicle, machinery or equipment except (1) pursuant to a valid medical prescription used as properly instructed; or (2) the use of over - the - counter controlled substance used as intended by the manufacturer, or (3) as part of authorized duties within the scope of serving as police officer. 3. Driving While Impaired. A conviction of driving while impaired in a City -owned vehicle at any time during business or non - business hours or in an employee -owned vehicle while conducting City business may result in discipline, up to and including discharge. 4. Criminal Controlled Substance Convictions. Any employee convicted under any federal, state, or local statute for a controlled substance- related violation while operating any City vehicle, machinery, or equipment, or when performing any City business, must notify his or her supervisor and the City's Administration Depaitinent, in writing, of the conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a controlled substance- related conviction, the City will take appropriate disciplinary action against the employee, up to and including discharge, and require the employee to satisfactorily participate in a controlled substance abuse program at the employee's own expense unless provided to the employee through the employee's own insurance coverage. The City, in its sole discretion, will determine what disciplinary action is appropriate. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. 5. Failure to Disclose Lawful Controlled Substance. Employees taking a lawful controlled substance, including prescription and over - the - counter controlled substances, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee's responsibility to seek out information from his/her physician or pharmacist regarding 39