CCP 12-11-1995 - Laserfiche WebLink

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'. I I . the job in question, the appointing authority will recommend that the . driver be discharged from employment. I - - (2) Second Positive Test Result. Where alcohol or drug abuse prevents the driver from performing the safety sensitive functions of the job in I question, it will be recommended that the driver be disciplined; including, but not limited to, discharge from employment. The driver, whether discharged or not, will have access to the evaluation and referral in I resolving problems with alcohol misuse and controlled substance use through the driver's health plan, again at the driver's expense. I (3) Suspensions and Transfers. Notwithstanding any other provisions herein, the City may temporarily suspend the tested driver with pay for up to 90 days or transfer that driver to another position at the same rate of pay I pending the outcome of the confirmatory test and, if requested, the conf1rmatory retest (controlled substances only), provided the City I believes that it is reasonably necessary to protect the health or safety of the driver, co-employees, or the public. I (4) Other Misconduct. Nothing in this policy limits the right of the City to discipline or discharge a driver on grounds other than a positive test result in a confirmatory test arising from the same or another incident, including I- but not limited to, a conviction of any criminal drug statute for a violation occurring in the workplace. I 10. PENALTIES 582. Criminal penalties shall be prescribed by 49 D.S.C. Sec. 521 (b)(2), which 507 provides that an employee who knowingly and willfully violates the Omnibus I Transportation Employee Testing Act while operating a commercial motor vehicle by activities that have led or could have led to death or serious injury is subject to the statutory criminal sanctions. I 11. REFERRAL, EVALUATION, AND TREATMENT I 382. (a) Resource Advisory. Each driver who engages in conduct prohibited by federal law 605 and this policy shall be advised by the City of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and I use of controlled substances, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. I 382. (b) Evaluation bv a Substance Abuse Professional. Each driver who engages in 605 conduct prohibited by federal law and this policy shall be evaluated by a Substance Abuse Professional who shall determine what assistance, ifany, the I driver needs in resolving problems associated with alcohol misuse and controlled I- 19 I