12-19-1995 CC - Laserfiche WebLink

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(C) The right of an employee who has been suspended without pay to be reinstated with back pay if the outcome of the confirmatory test or required confirmatory retest is negative. (D) The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the employer concerning the reliability of, or explanation for, a positive test result unless the employee was under an affirmative duty to provide the information before, upon, or after hire. (E) The right of access to information in the subject's personnel file relating to positive test reports and other information-acquired-irethe-drug-and/or—alcohel testing process, and conclusions drawn and actions taken based on the reports or acquired information. (F) The right of an employee who has made a timely request for a confirmatory retest to suffer no adverse personnel action if the confirmatory retest does not confirm the result or the original confirmatory test, using drug or alcohol threshold detection levels as established for a confirmatory retest by FHWA. CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED CONDUCT 1. Removal From Safety Sensitive Function. Except as provided in federal law, no driver shall preform safety-sensitive functions, including the driving of a commercial motor vehicle, if the driver has engaged in conduct prohibited by this policy or an alcohol or controlled substance rule of another Department of Transportation agency. 2. Prohibition of Safety-Sensitive Functions. The City shall not permit any driver to perform safety-sensitive functions, including the driving of a commercial motor vehicle, if the City has determined that the driver has violated federal law. 3. Refusal to Submit. If the driver refuses to undergo required testing under federal regulations, no test shall be given, and the appointing authority shall recommend to the City Administrator that the driver be discharged from employment on grounds of insubordination. In the case of a job applicant applying to driver for the City, if the applicant refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. 4. Pre-Employment Test (Job Applicants- including the Promotion of Drivers). The City will not withdraw an offer of employment or promotion to a driver position made contingent on the job applicant passing a drug and alcohol testing based on positive test result in an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest 15