4.130.210 Employee admission of alcohol and controlled substances use.
A. Employees who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation and treatment requirements of this policy; provided, that:
1. The admission is in writing and in compliance with the city’s voluntary self-identification program;
2. The driver does not self-identify in order to avoid testing under the requirements of the program;
3. The driver makes the admission of alcohol misuse or controlled substances use prior to performing a safety sensitive function (i.e., prior to reporting for duty); and
4. The driver does not perform a safety-sensitive function until the city is satisfied that the employee has been evaluated and has successfully completed education or treatment requirements in accordance with the self-identification program guidelines.
B. Self-Identification Program.
1. The city will not take adverse action against an employee making a voluntary admission of alcohol misuse or controlled substances use within the parameters of this program and subsection (A) of this section;
2. The city will allow the employee 10 working days to seek evaluation, education or treatment to establish control over the employee’s drug or alcohol problem and provide proof to the DER and supervisor of having undergone assessment screening. The proof must contain the treatment recommendations of the substance abuse professional;
3. The city will permit the employee to return to safety-sensitive duties only upon successful completion of an educational or treatment program, as determined by a drug and alcohol abuse evaluation expert, i.e., employee assistance professional, substance abuse professional, or qualified drug and alcohol counselor;
4. The city will ensure that:
a. Prior to the employee participating in a safety-sensitive function, the employee shall undergo a return-to-duty test with a result indicating an alcohol concentration of less than 0.02; and/or
b. Prior to the employee participating in a safety-sensitive function, the employee shall undergo a return-to-duty controlled substance test with a verified negative test result for controlled substances use; and
c. At least monthly, the employee will furnish the DER and supervisor with proof of their continuing participation in the recommended treatment program until completed.
5. Reoccurrences of alcohol misuse or controlled substance use will be subject to disciplinary action up to and including the termination of employment. (Ord. 12-001 § 3, 2013)