CCP 12-26-1995 - Laserfiche WebLink

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I !.a Reasonable Suspicion Testing 382. (a) City's Determination of Reasonable Suspicion of Alcohol Violations. The City I 307 shall require a driver to submit to an alcohol test when the appointing authority - has reasonable suspicion to believe that the driver has violated the provisions of I federal law concerning alcohol. The City's determination that reasonable suspicion exist to require the driver to undergo an alcohol test must be based on specific, current, articulable observations concerning the appearance, behavior, . speech, or body odors of the driver. City's Determination of Reasonable Suspicion of Controlled Substance I Violations. The City shall require a driver to submit to a controlled substance test when the appointing authority has reasonable suspicion to believe that the driver has violated the prohibitions of federal law or this policy concerning controlled I substances. The City's determination that reasonable suspicion exists to require the driver to undergo a controlled substance test must be based on specific, current, articulable observations concerning the appearance, behavior, speech, or I body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. I 382.307 (c) (b) Trained Supervisor of Driver. The required observations for alcohol and/or I~ controlled substance reasonable suspicion testing shall be made by a supervisor or an employee of the City who is trained in accordance with federal law. The person who makes the determination or who observes or assists with making the I determination that reasonable suspicion exists to conduct an alcohol test, shall not conduct the alcohol test of the driver. . 382. (c) Timing of Reasonable Suspicion Observations. Alcohol testing is authorized by 307 federal law and this policy only if the observations required by paragraph (c) above are made during, just proceeding, or just after the period of the workday . that the driver is required to be in compliance with federal law and these rules. The driver may be directed by the City to only under go reasonable suspicion testing while the driver is performing safety sensitive functions, just before the - I driver is to perform safety sensitive functions or while the driver is in a state of readiness to perform safety sensitive functions. . 382. (d) Prompt Administration of the Test. If an alcohol test required by federal law and 307 this policy is not administered within two (2) hours following the determination of I reasonable suspicion, the City shall prepare and maintain on file, a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by federal law and this policy is not administered within eight (8) hours . following the determination of reasonable suspicion, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not .- 12 .