O-2009-3129 approving updated Employee Policy Handbook

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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. 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. Safety -sensitive position means a position having a substantially significant degree of responsibility for the safe operation of motor vehicles, motor carrier service, or heavy equipment and machinery, where the unsafe performance of an incumbent could result in death or injury to self or others. Safety -sensitive positions requiring the operation of commercial motor vehicles, as defined under 49 C.F.R. Part 382, are subject to the City of La Porte Commercial Motor Vehicle Substance Abuse Policy. Security -sensitive duties means a position handling or having access to money, negotiable instruments, sensitive information and similar assets that require a high degree of protection. Under the influence means a condition in which a person is affected by the use of a drug and/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, blood, or breath analysis 33