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�F t BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE ORDINANCE NO . 95-12-3 AN ORDINANCE TO INCORPORATE THE FEDERAL DEPARTMENT OF TRANSPORTATION ' S 1994 FINAL RULES FOR CONTROLLED SUBSTANCES AND ALCOHOL TESTING, UPDATING THE OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF 1991 INTO EXISTING PERSONNEL POLICIES AND TO AMEND ANY PERSONNEL POLICIES PROVIDING FOR CONDITIONS OF EMPLOYMENT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES . WHEREAS, PURSUANT TO CONGRESSIONAL MANDATE , THE U . S . DEPARTMENT OF TRANSPORTATION HAS HANDED DOWN ITS 1994 FINAL RULES FOR CONTROLLED SUBSTANCES AND ALCOHOL TESTING , (HEREINAFTER CALLED THE RULES) , WHICH UPDATE THE OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF 1991 ; AND WHEREAS, ALL EMPLOYEES OCCUPYING POSITIONS WHICH REQUIRE A COMMERCIAL DRIVER ' S LICENSE IN ORDER TO CARRY OUT THE DUTIES OF THEIR POSITION WILL NOW BE SUBJECT TO THE RULES, INCLUDING THOSE FOR DRUG AND ALCOHOL TESTING, EFFECTIVE JANUARY 1 , 1996 ; AND WHEREAS, THE BATESVILLE CITY COUNCIL IS COMMITTED TO MAINTAINING A SAFE WORKPLACE FOR ITS EMPLOYEES , AND USERS OF • THE PUBLIC HIGHWAYS THAT IS FREE FROM ILLEGAL DRUG USE AND THE MISUSE OF ALCOHOL ; AND WHEREAS, THE CITY OF BATESVILLE INTENDS TO COMPLY WITH THE REQUIREMENTS FOR DRUG AND ALCOHOL TESTING AS MANDATED BY THE U . S . DEPARTMENT OF TRANSPORTATION AND OTHER FEDERAL AND STATE LAWS AND REGULATIONS . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS THE FOLLOWING : SECTION 1 : THAT ALL PERSONNEL POLICIES OF THE CITY OF i BATESVILLE ARE HEREBY REVISED AND AMENDED TO INCORPORATE THE 1994 DOT FINAL RULES . A COPY OF SAID RULES IS ATTACHED HERETO AND BY REFERENCE IS INCORPORATED HEREIN IN ITS I ENTIRETY AS IF RESTATED WORD FOR WORD . SECTION 2 : THAT THIS ORDINANCE SPECIFICALLY AMENDS ANY PERSONNEL POLICY PROVIDING FOR CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WHOSE DUTIES REQUIRE THEM TO MAINTAIN A COMMERCIAL DRIVER ' S LICENSE IN ORDER TO LAWFULLY CARRY OUT THEIR DUTIES . SECTION 3 : ANY ORDINANCE , RESOLUTION, RULE , REGULATION OR PART OF ANY ORDINANCE , RESOLUTION , RULE , REGULATION NOW • IN EFFECT WHICH CONFLICTS WITH THE RULES IS HEREBY REPEALED . SECTION 4 : THE SAFETY DIRECTOR OF THE CITY OF BATESVILLE IS HEREBY DIRECTED TO ESTABLISH PROCEDURES TO ENSURE COMPLIANCE WITH THE RULES, INCLUDING THE ASSIGNMENT OF A DESIGNATED REPRESENTATIVE RESPONSIBLE FOR THE EXECUTION I OF THE PROCEDURES . SECTION 5 : ANY LABORATORY, MEDICAL REVIEW OFFICER, SUBSTANCE ABUSE PROFESSIONAL OR ANY OTHER PROFESSIONAL WHO - RECEIVES PAYMENT FOR TESTING, EVALUATING, RECORD-KEEPING, OR OTHER SERVICES MANDATED BY THE RULES MUST BE QUALIFIED ACCORDING TO THE RULES AND MUST PERFORM SUCH SERVICES IN CONFORMANCE WITH 49 CFR PART 40 AND PART 382 , SECTION 6 : DRUG AND ALCOHOL TESTING WILL BE ® ADMINISTERED TO THOSE EMPLOYEES MANDATED BY THE RULES, IN THE CIRCUMSTANCES AND IN THE MANNER MANDATED BY THE RULES . SECTION 7 : THE PENALTY FOR REFUSAL TO TAKE A MANDATED TEST FOR DRUGS OR ALCOHOL IS IMMEDIATE DISCHARGE . i I I I