12-19-1995 CC - Laserfiche WebLink

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(D) Timing of Reasonable Suspicion Observations. Alcohol testing is authorized by federal law and this policy only if the observations required by paragraph (C) above are made during,just preceeding, or just after the period of the workday that the driver is required to be in compliance with this policy. The driver may be directed by the City to only undergo reasonable suspicion testing only while the driver is performing safety sensitive functions,just after the driver has ceased performing such safety sensitive functions or while the driver is in a state of readiness to perform safety sensitive functions. (E) City's Drug and Alcohol Testing Policy. If the driver is not performing safety sensitive functions and reasonable suspicion exists, drivers may be tested for drugs and alcolio_under_the City_of-Mounds V-iew-Drug-and-Aleoho-1 Testing policy. (F) Prompt Administration of the Test. If an alcohol test required by this policy is not administered within two (2) hours following the determination of reasonable suspicion, the City shall prepare and maintain on file, a record stating the reasons the alcohol test was not promptly administered. If any alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. (G) Under the Influence Prohibitions. Notwithstanding the absence of a reasonable suspicion alcohol test under this policy and federal law, no driver shall report for duty or remain on duty requiring the performance of safety sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the City permit the driver to perform or continue to perform safety sensitive functions until: (1) An alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or (2) Twenty-four(24) hours have elapsed following the determination under paragraph (f) of this section that there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy and federal law concerning the use of alcohol. (H) Driver's Behavior and Appearance Absent Test. Except as provided in (g)(2) of this section, the City shall not take any action under this part against a driver based solely on the driver's behavior and appearance with respect to alcohol use. in the absence of an alcohol test. This does not prohibit the City from taking action otherwise consistent with law.