O-2005-1708-B Passed (original 1990)

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e e -2- CITY OF LA PORTE COMMERCIAL MOTOR VEHICLE SUBSTANCE ABUSE POLICY The City of La Porte has a vital interest in maintaining a safe, healthful, and efficient working environment. Being under the influence of an illegal drug or alcohol on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, manufacture, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol also poses unacceptable risks for safe, healthful, and efficient operations. The City of La Porte further expresses its intent through this policy to comply with Federal and State rules, regulations, or laws that relate to the maintenance of a workplace free from illegal drugs and alcohol. 1. SCOPE OF POLICY This policy applies to all employees who hold a commercial driver's license and are required as part of their employment to operate commercial motor vehicles for the City, as well as to applicants for positions requiring the operation of commercial motor vehicles, as the term commercial motor vehicle is a defined under Title 49 C.F.R. Part 382. All employees and applicants for positions requiring the operation of commercial motor vehicles are subject to the U.S. Department of Transportation substance abuse testing procedures promulgated under Title 49 C.F.R. Part 40, and Title 49 C.F.R. Part 382. This policy does not apply to individuals exempted from the requirements of Title 49 C.F.R. Part 383 by the State of Texas, relating to holders of commercial drivers licenses. 2. DEFINITIONS For the purposes of this policy, the term: . "under the influence" means a condition in which a person is affected by an illegal drug or alcohol in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of being under the influence can be established by a professional opinion, a scientifically valid test, such as urinalysis or blood analysis, and in some cases by the opinion of a lay person.