§ 2-229.04. Substances tested for.

(a) With respect to violation of policy 229.02(B), employees are subject to testing for the detection of alcohol while on duty or while operating or riding in or on a city-owned vehicle. The current positive test threshold for alcohol is two one hundredths (0.02)g percent.

(b) Employees will be subject to drug testing for the detection of the following illegal drugs/drug groups, as well as others that may from time to time be declared illegal by state or federal law:

(1) Amphetamines;

(2) Barbiturates;

(3) Benzodiazepines;

(4) Cannabinoids (marijuana);

(5) Cocaine;

(6) Methadone;

(7) Methaqualone;

(8) Opiates (heroin, morphine, codeine);

(9) Phencyclidine (PCP);

(10) Propoxyphene.

(c) Circumstances for testing:

(1) Subject to applicable law, all job applicants shall be subject to pre-employment drug testing as a prerequisite to employment with the city. It is the obligation of the job applicant to notify the approved testing facility of any controlled substances prescribed for the job applicant by a physician or dentist.

(2) When an employee is involved at any time directly in an equipment or vehicular work-related accident, or in any unsafe and/or negligent maintenance or operation of the city's equipment or vehicles at any time where in the opinion of the city manager the employee was at fault or the employee's conduct contributed to the accident.

(3) When reasonable suspicion exists to believe the employee is using drugs or alcohol in violation of this policy. A reasonable suspicion is a belief that an employee is using or has used drugs or alcohol in violation of this policy drawn from specific objective and articulatable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon:

a. Observable phenomena while at work, such as direct observation of drug use or of physical symptoms or manifestations of being under the influence of a drug or alcohol;

b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;

c. A report of drug use, provided by a reliable and credible source;

d. Evidence that an individual has tampered with a drug test during his employment with the city;

e. Information that an employee has caused, contributed to, or been involved in an accident while at work;

f. Evidence that an employee has used, possessed, manufactured, cultivated, sold, solicited, or transferred drugs;

g. Frequent absences from work without a satisfactory explanation.

(4) Unless prohibited by law, as a part of any medical examination required by the city whether or not that medical examination is required by the DOT or any other local, state or federal law or regulation.

(5) Unless prohibited by applicable law, the city reserves the right to test any employee for illegal drugs and alcohol to determine compliance with this policy at any time with or without prior announcement on a random or other basis.

(6) For the purpose of this policy, if a test reveals the presence of alcohol, the employee shall be deemed to have violated the city policy.

(7) Employees and job applicants have the right to consult with the testing laboratory for technical information regarding prescription and non-prescription medications. The name, address and telephone number of the testing laboratory will be provided to the employee or job applicant upon request.

(8) All test results will be kept confidential and will only be provided to managerial employees on a need-to-know basis.

(Ord. No. 2001-08, § 1, 6-19-01)