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

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4) 5) 6) 7) e e Contract employee in a designated position means a person who performs public safety, safety-sensitive, and security sensitive duties. Drug testing means the scientific analysis of urine, blood, breath, saliva, hair, tissue, and other specimens of the human body for the purpose of detecting the presence of an illegal drug and/or alcohol. Employee Assistance Program (EAP) means any program provided by the City to assist employees in dealing with personal problems that, among other things, may involve drug abuse and/or alcohol misuse that affect job performance. Illegal drug means any drug which is not legally obtainable; any drug which is legally obtainable but has not been legally obtained; any prescribed drug not legally obtained; any prescribed drug not being used for the prescribed purpose; any over-the-counter drug being used at a dosage level different than recommended by the manufacturer or being used for a purpose other than intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide medical therapy. Examples of illegal drugs include but are not limited to: inhalants (per TML-IRP), cannabis substances, such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs. 8) Intoxication means having a blood alcohol concentration of 0.10 or more; or, not having the normal use of one's mental or physical faculties, resulting from the voluntary introduction into the body of an alcoholic beverage, a controlled substance, a dangerous drug, an abusable glue or aerosol paint or similar substance, the use of which is regulated under the law. 9) Legal drug means any prescribed drug or over-the counter drug, which has been legally obtained, and is being used for the purpose for which prescribed or manufactured. 10) Probable cause means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job functions due to drug and/or alcohol impairment. Such inability to perform job functions may include, but is not limited to, decreases in the quality or quantity of the employee's productivity, judgment, reasoning, concentration and psychomotor control, and marked changes in behavior. 11 ) Public safety position means a position in the police and fire departments (including emergency medical services personnel) having a substantially significant degree of responsibility for the safety of the public where the unsafe performance of an employee could result in the death or injury to self or others, including but not limited to all sworn personnel, emergency communication clerks, police clerks working within the dispatch section, supervisory positions, firefighter/paramedic, dispatchers, mechanics, fire apparatus engineers, fire investigators and fire inspectors. 12) Safety-sensitive position means a position having a substantially significant degree of responsibility for the safe operation of motor vehicles, motor carrier