11.03 - Drug and Alcohol Policy - Laserfiche WebLink

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applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such Drivers. Should the City reinstate a Driver who engages in conduct prohibited by federal law or who has a positive alcohol or controlled substance test, the Driver will be evaluated by a Substance Abuse Professional. The SAP will determine what assistance, if any, the Driver needs in resolving problems associated with alcohol misuse and controlled substance use and will ensure that the Driver properly follows any rehabilitation program and submits to unannounced follow-up alcohol and controlled substance testing. D. Responsibility for Cost of Evaluation and Rehabilitation Based on the City's independent authority, Drivers will be responsible for paying the cost of evaluation and rehabilitation (including services provided by a Substance Abuse Professional) recommended or required by the City or FMCSA rules, except to the extent that such expense is covered by an applicable employee benefit plan or imposed on the City pursuant to a collective bargaining agreement. E. Inapplicability to Pre-Employment Testing The requirements of this policy with respect to referral, evaluation and -1 rehabilitation do not apply to applicants who refuse to submit to a pre- employment controlled substance test or to applicants whose pre- employment controlled substance test is verified positive. F. Withdrawal of Conditional Job Offer The City's conditional offer of employment will be withdrawn from any job applicant who refuses to be tested or tests positive for a controlled substance pursuant to this policy. G. Discipline and Termination The City will not discharge a Driver for whom a positive test result was the first such result for the Driver on a controlled substance or alcohol test required by the City unless the City has independent grounds for doing so or the following conditions have been met: (1) The City has first given the Driver an opportunity to participate in, as described in Sections VIII(B)-(D) above, 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 a physician trained in the diagnosis and treatment of chemical dependency; and (2) The Driver has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the 12