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<br />1. <br /> <br />Drivers shall not be permitted to perform safety-sensitive functions. <br /> <br />. <br /> <br />2. Drivers shall be advised by the City of the resources available to them in <br />evaluating and resolving problems associated with misuse of alcohol or use of <br />controlled substances. <br /> <br />3. A driver who engages in a prohibited alcohol or controlled substance activity <br />and receives a verified positive drug or alcohol test result, on the first occurrence, <br />may be subject to disciplinary action as indicated in the City's personnel policy, <br />Section 218.08 (6), of the Elk River City Code, but will not be subject to discharge <br />unless: <br /> <br />A. the driver refuses to meet with a substance abuse professional for the <br />purpose of an evaluation for alcohol/controlled substance use/abuse and <br />recommendations for an educational, counseling or treatment program; or <br /> <br />B. the driver fails to enter the recommended program, or fails to <br />successfully complete the program; or <br /> <br />C. the driver fails a return-to-duty alcohol and controlled substance test <br />at the successful completion of the recommended program or subsequent <br />unannounced follow-up alcohol and controlled substance testing. <br /> <br />4. A driver who engages in a prohibited alcohol or controlled substance activity <br />and receives a positive drug or alcohol test will be evaluated by a substance abuse <br />professional (SAP) who will determine what assistance, if any, the driver needs in <br />resolving problems associated with alcohol misuse and controlled substances use. If <br />that evaluation determines that the driver has a chemical dependency or abuse <br />problem, the SAP will give the driver an opportunity to participate in an <br />appropriate program as identified at the driver's own expense or pursuant to <br />coverage under a driver benefit plan. In such case, the driver may use accumulated <br />vacation or sick leave. If no vacation or sick leave is available, the driver will be <br />placed on an unpaid medical leave of absence. <br /> <br />. <br /> <br />5. When a driver has a subsequent violation of any prohibited alcohol or <br />controlled substance activity within five years of the first offense, the driver shall <br />be terminated from employment. <br /> <br />6. Each driver identified as needing assistance in resolving problems associated <br />with alcohol or controlled substances shall be evaluated by a substance abuse <br />professional to determine that the driver has followed the rehabilitation program <br />prescribed. If a driver either refuses to participate in a rehabilitation program <br />specified by the SAP or fails to successfully complete the program as determined by <br />the SAP, the appointing authority may take whatever disciplinary action, including <br />termination of employment, that it deems appropriate, as indicated in Section <br />218.08 (6), of the Elk River City Code. <br /> <br />. <br /> <br />7. Before a driver returns to duty requiring performance of a safety-sensitive <br />function, he/she shall undergo a return-to-duty test with a result indicating a breath <br /> <br />page 11 <br />