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SECTION 26 <br /> TOBACCO, ALCOHOL, AND DRUGS <br /> 26.1 Tobacco <br /> Smoking and smokeless tobacco are not permitted within City-owned buildings or <br /> vehicles. Smoking and the use of other tobacco products are permitted outside during <br /> designated employee breaks. <br /> 26.2 Alcohol and Drugs <br /> The unlawful manufacture, distribution, possession or use of alcohol, illegal drugs, or <br /> controlled substances is prohibited anywhere within City-owned property or within City <br /> vehicles. Violations of this policy are grounds for disciplinary action and may result in <br /> termination. <br /> 26.3 Drug and Alcohol Testing <br /> Types of Testing. Employees are subject to drug and alcohol testing in the following <br /> circumstances: <br /> a. Job Applicant Testing. The City may require applicants who have received <br /> conditional offers of employment to undergo drug and alcohol testing. If the offer <br /> of conditional employment is subsequently withdrawn, the City will notify the <br /> applicant in writing of the reason for the withdrawal. <br /> b. Routine Physical Examination Testing. Any employee may be required to <br /> undergo a drug and alcohol testing as part of a routine physical examination. <br /> The drug or alcohol test will be requested no more than once annually and the <br /> employee will be given at least two weeks' written notice that the test shall be <br /> required as part of the examination. <br /> c. Random Testing. An employee in a position in which impairment caused by <br /> drug or alcohol usage would threaten the health or safety of any person may be <br /> required to undergo random drug and alcohol testing. In addition, employees <br /> who are required to have a commercial driver's license are subject to random <br /> testing as required by federal law and the City's Federal Omnibus Transportation <br /> Employee Testing Act and Related Regulations policy which is located in the <br /> Public Works Department's Standard Operating Procedures manual. <br /> d. Reasonable Suspicion Testing. Any employee may be required to undergo drug <br /> and alcohol testing if there is a reasonable suspicion that the employee: (a) is <br /> under the influence of drugs or alcohol; or (b) has engaged in the use, <br /> possession, sale, or transfer of drugs or alcohol while the employee is working or <br /> while the employee is on City property or operating a City vehicle, machinery, or <br /> equipment; or (c) has sustained a personal injury arising out of and in the course <br /> of employment, or caused another person to sustain a personal injury; or (d) has <br />