11.03 - Drug and Alcohol Policy - Laserfiche WebLink

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D. Reasonable Suspicion Testing When the City has reasonable suspicion to believe that the Driver has engaged in conduct prohibited by federal law (See Part II of this Policy), the City must require the Driver to submit to an alcohol or controlled substance test. Alcohol testing will occur while the Driver is performing safety-sensitive functions, just before the Driver is to perform safety-sensitive functions, or just after the Driver has ceased performing such functions. The City's determination that reasonable suspicion exists to require the Driver to undergo an alcohol test will be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the Driver made during,just preceding, or just after the period of the work day that the Driver is required to be in compliance with this policy. In the case of controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance. The required observations for reasonable suspicion testing will be made by a supervisor or other person designated by the City who has received appropriate training in identification of actions, appearance and conduct of a Driver which are indicative of the use of alcohol or controlled substance. These observations will be reflected in writing on a Reasonable Suspicion Record Form. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test will not conduct the alcohol test of the Driver, which shall instead be conducted by another qualified person. If a reasonable suspicion alcohol test is not administered within two (2) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not administered, and will cease attempts to conduct the alcohol test. If a reasonable suspicion controlled substance test is not administered within thirty-two (32) hours following the determination of reasonable suspicion, the City will cease attempts to administer a controlled substance test and will prepare a record stating the reasons for not administering the test. Notwithstanding the absence of a reasonable suspicion test, no Driver may 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 use, nor will 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 is less than .02; or (2) twenty-four (24) hours have elapsed following the determination of reasonable suspicion. 6