Laserfiche WebLink
y <br /> SECTION 8 : THE PENALTY FOR A POSITIVE DRUG TEST <br /> RESULT, ONCE THE TIME LIMIT FOR REQUESTING A SECOND TEST OF <br /> A SPLIT SAMPLE HAS EXPIRED, OR UPON RECEIPT OF A POSITIVE <br /> DRUG TEST RESULT FROM THE SECOND TEST, IS IMMEDIATE <br /> DISCHARGE . <br /> SECTION 9 : THE PENALTY FOR A POSITIVE ALCOHOL TEST <br /> RESULT IS IMMEDIATE DISCHARGE . <br /> SECTION 10 : EMPLOYEES WHOSE INITIAL DRUG TEST RESULTS <br /> ARE POSITIVE AND WHO REQUEST A TEST OF THE SECOND PORTION OF <br /> THE SPLIT SAMPLE WILL BE SUSPENDED WITHOUT PAY UNTIL SUCH <br /> TIME AS THE SAFETY DIRECTOR RECEIVES THE RESULTS OF THE <br /> SECOND (SPLIT SAMPLE ) TEST . SUCH SECOND TEST WILL BE AT THE <br /> EMPLOYEE ' S EXPENSE . <br /> SECTION 11 : A NEGATIVE RESULT FROM THE SECOND (SPLIT <br /> SAMPLE ) DRUG TEST WILL RENDER THE FIRST TEST INVALID AND THE <br /> EMPLOYEE WILL BE REINSTATED WITH BACK PAY AND REIMBURSEMENT <br /> FOR THE COSTS OF THE SECOND TEST . <br /> SECTION 12 : AN EMPLOYEE SUSPECTED OF UNLAWFUL USE OF <br /> DRUGS OR ABUSE OF ALCOHOL WHILE ON DUTY AS ESTABLISHED BY <br /> THE RULES, OR WHO IS INVOLVED IN AN ACCIDENT AS DEFINED IN <br /> 49 CFR 390 . 4 (AND RECEIVES A CITATION FOR A MOVING TRAFFIC <br /> VIOLATION IN THIS SECTION) BY THE RULES, SHALL BE SUSPENDED <br /> IMMEDIATELY WITH PAY UNTIL THE RESULTS OF THE DRUG OR <br /> ALCOHOL TEST ARE RECEIVED BY THE SAFETY DIRECTOR . <br /> SECTION 13 : IF ANY PROVISION OF THIS ORDINANCE IS HELD <br /> INVALID BY A COURT OF LAW OR SUBSEQUENT LEGISLATIVE ACTION , <br /> SUCH HOLDING SHALL IN NO WAY AFFECT THE VALIDITY OF THE <br /> REMAINING PROVISIONS OR SECTIONS OF THIS ORDINANCE , WHICH <br /> SHALL REMAIN IN FULL FORCE AN EFFECT . <br /> EMERGENCY CLAUSE : THE NEED TO ADOPT THE DEPARTMENT OF <br /> TRANSPORTATION ' S 1994 FINAL RULES ON DRUG AND ALCOHOL <br /> TESTING EFFECTIVE JANUARY 1 , 1996 IS NECESSARY FOR THE <br /> EFFECTIVE , EFFICIENT, AND SAFE OPERATION OF THE CITY OF <br /> BATESVILLE AND TO PROTECT THE HEALTH AND WELFARE OF ITS <br /> CITIZENS WHO TRAVEL THE STREETS AND HIGHWAYS , AND ITS <br /> EMPLOYEES IN THE WORKPLACE . THEREFORE AN EMERGENCY IS <br /> HEREBY DECLARED TO EXIST AND THIS ORDINANCE SHALL BE IN FULL <br /> FORCE AND EFFECT FROM AND AFTER JANUARY 1 , 1996 . <br /> IT IS SO ORDAINED THIS +� DAY OF DECEMBER , 1995 . <br /> ONORA LE JOE BIARD, MAYOR <br /> ATTEST : <br /> yk)-\i)-t) �NJ lCrl <br /> DENISE M . JOHNST N , <br /> IBATESVILLE CITY CLERK <br /> i . <br /> fl <br />