05/07/2012 Council Packet - Laserfiche WebLink

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medication and any job performance impairment and relay that information to his/her supervisor. In the event of such disclosure, the employee will not be authorized to perform safety - sensitive functions unless a physician provides a release stating the employee is not impaired by the medication and can safely perform the safety- sensitive functions. 6. Refusal to Submit to a Required Alcohol or Controlled Substance Test. Employees and applicants have the right to refuse an alcohol or controlled substance test under this policy. If an applicant or employee refuses to submit to a required alcohol or controlled substance test, no test will be conducted. However, such a refusal will be considered a positive test result, which will disqualify the employee from performing safety sensitive functions, and result in disciplinary action. The City will provide the employee an opportunity to participate in either a controlled substance or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a SAP or LADC. If the employee refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program as evidenced by withdrawal from the program before its completion, or tests positive on a confirmatory retest after completion of the program, or refuses a follow -up test, the City will discharge the employee. Participation by the employee in any recommended substance abuse treatment program will be at the employee's own expense or pursuant to coverage under an employee's benefit plan. The SAP or LADC will determine if the employee has followed the rehabilitation program as prescribed. If an applicant refuses to submit to pre - employment testing, the job applicant will be considered to have withdrawn his or her application from employment. For purposes of this section, an employee or applicant refuses to submit to an alcohol or controlled substance test when the applicant or employee: • Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; • Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation) after he or she has received notice of the requirement for urine testing; • Fails to report for testing within 30 minutes, or another time frame specified by the City, when directed to report for off -site testing; • Fails to remain at a testing site until testing is complete; • In a case of directly observed or monitored collection, fails to permit observation or monitoring; • Fails or declines to take a second test as required by the City and/or collector; or • Engages in conduct that clearly obstructs the testing process. Refusal by an applicant or employee to complete and sign required forms, to provide an adequate breath, blood, or saliva sample, or otherwise cooperate in a way that prevents the completion of the testing process, constitutes a refusal to test. D. Review and Notification of Test Results 1. Review by Medical Review Officer. Results of positive controlled substance tests and positive blood and urine alcohol tests will be sent by the testing laboratory to an 40