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with a gross vehicle weight rating of more than 10,000 pounds; or <br /> c) designed to transport 16 or more passengers including the driver; or <br /> d) is of any size and is used in the transportation of materials found to be hazardous for the <br /> purposes of the Hazardous Materials Transportation Act and which require the motor <br /> vehicle to be placarded. <br /> The City will request or require an employee to undergo drug or alcohol testing only under the <br /> circumstances described in this policy. However, no employee will be tested for drugs or alcohol <br /> under this policy without the employee's consent, with the following provisions: <br /> 1. Rights to Refuse: Employees have the rights to refuse to undergo drug and/or alcohol <br /> testing. If an employee refuses to undergo drug or alcohol testing requested or required <br /> by the employer, no such test shall be given. A refusal to test will be considered a <br /> positive test (for alcohol this shall be considered as a result of 0.04 or greater) and the <br /> employee will be removed from driving or other safety sensitive functions. <br /> 2. Consequences of refusal. If any employee refuses to undergo drug or alcohol testing <br /> requested or required by the employer, this shall lead to administrative/disciplinary action <br /> deemed appropriate by the employer, based upon on grounds of insubordination and <br /> consideration of refusal being regarded as a positive test. <br /> CIRCUMSTANCES FOR DRUG OR ALCOHOL TESTING <br /> 1. Pre-employment Testing Prior to the first time a driver performs safety sensitive <br /> functions for the City, the driver shall undergo testing for controlled substances. Any job <br /> offer, reassignment or promotion to drive a commercial motor vehicle shall be contingent <br /> upon a negative drug test report and the applicant's written agreement authorizing former <br /> employees to release to the City all information on the applicant's alcohol tests with an <br /> alcohol concentration result of 0.04 or greater, positive controlled substances test results, <br /> and refusals to be tested within the preceding two years. The City also retains the right <br /> not to hire a driver who has a positive test result and who has not participated and <br /> completed a counseling or rehabilitation program as directed by the driver's substance <br /> abuse professional. <br /> 2. Random Testing. The City shall randomly select a sufficient number of drivers for <br /> alcohol/drug testing during each calendar year to equal an annual rate not less than the <br /> minimum annual twenty-five (25%) rate for random alcohol testing and the annual rate <br /> not less than the minimum annual fifty percent(50%) for controlled substances. <br /> (A) Consortium. The City will be conducting random testing for alcohol and/or <br /> controlled substances through a consortium, as a result, the number of drivers to <br /> be tested may be calculated for each individual employer or may be based on the <br /> total number of drivers covered by the consortium who are subject to random <br /> alcohol and/or controlled substance testing . In either case, testing will be <br />