4.130.070 Prohibitions.
A. A driver shall not:
1. Report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
2. Use alcohol while performing safety-sensitive functions.
3. Perform safety-sensitive functions within four hours after using alcohol. The city, having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.
4. Use alcohol on the job, including during breaks or meals.
5. Possess alcohol on the job, including during breaks or meals.
6. Use alcohol for eight hours following an accident, or until the driver undergoes a required post-accident alcohol test, whichever occurs first.
7. Refuse to submit to a pre-employment controlled substance test required under DOT, post-accident alcohol or controlled substances test required under DOT, a random alcohol or controlled substances test required under DOT, a reasonable suspicion alcohol or controlled substances test required under DOT, or a follow-up alcohol or controlled substances test required under DOT. The city shall not permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.
8. Report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any drug or substance, identified in 21 CFR 1308.11 Schedule I.
9. Report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any non-Schedule I drug or substance that is identified in the other schedules in 21 CFR 1308 except when the use is a licensed medical practitioner, as defined in this policy, who is familiar with the driver’s medical history and has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.
10. Report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.
B. An employer having knowledge that a driver has an alcohol concentration of 0.04 or greater shall not permit the driver to perform or continue to perform safety-sensitive functions.
C. An employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall not permit the driver to perform or continue to perform safety-sensitive functions.
D. A supervisor or city official having actual knowledge that a driver has used a controlled substance shall not permit the driver to perform or continue to perform a safety-sensitive function.
E. The city shall require a driver to inform the employer of any therapeutic drug use.
F. If an employee engages in the conduct described above, the employee is considered to have engaged in prohibited conduct, is immediately disqualified from performing a safety-sensitive function, including operating a commercial motor vehicle, and is subject to disciplinary action as set forth in this title. (Ord. 12-001 § 3, 2013)