7 In regard to a pre-employment test, an individual will be advised on the resources available for evaluating and resolving misuse. Controlled Substance An employee who tests positive for a controlled substance will undergo an evaluation performed by a qualified Substance Abuse Professional (SAP). The employee is bound to the first initial SAP evaluation and must comply fully with recommended course of rehabilitation and/or treatment prescribed by the SAP. As part of the return to duty process, the employee will be required to take a return to duty drug and/or alcohol test. The employee is also subject to unannounced follow-up testing as directed by the SAP. A minimum of six (6) drug and/or alcohol tests must be completed during the first twelve months after completing treatment. The SAP may require additional testing. Additional follow-up testing may be required for up to 5 years, at the sole discretion of the employer and/or SAP. Alcohol In the case of breath alcohol testing if the employee has an alcohol level of 0.02 - 0.039 the employee will be removed from duty for a period of 24 hours. If the breath test result is greater than 0.039 the same consequence as for a positive drug result will apply. If the employee is allowed by the City of Lamar to return to operating a motor vehicle or engaging in any safety sensitive functions under the City of Lamar employment, the employee must undergo return to duty testing with a verified negative result and, if identified by the Substance Abuse Professional (SAP) as needing assistance in resolving misuse, must have been evaluated by the SAP for compliance with rehabilitation. The employee will then be subject to unannounced follow up testing as directed by the SAP. This is at least 6 tests in the first 12 months after completing treatment. Follow up testing may, at the sole discretion of the employer, continue for up to 5 years. The employee is responsible to pay for the SAP evaluation, all return-to-duty testing, all follow-up testing, and all rehabilitation costs. Nothing in this Section shall be construed to limit or impair the City’s authority to take such disciplinary action that it determines appropriate for a violation of this Policy, up to and including termination of employment. VII. Records All records must be made available at the place of business within 2 days of a request by the Federal Motor Carrier Safety Administration (FMCSA). Not all records must be kept on site, some may be the responsibility of the consortium or testing site. Any and all documentation related to this policy will be placed in the employee’s drug/alcohol file maintained in the Human Resources Office. A. Retention Period 1. The following records must be retained for 5 years: - Verified positive results - Alcohol results over 0.02 - Documentation of refusals. - Annual management system information reports. 2. The following records must be retained for 2 years: Records related to all alcohol and Controlled Substance collection processes (except calibration of EBT devices) and employee trainings on this Policy shall be maintained for two years.
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