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15 <br /> performance. In addition, the City shall inform the employees on how the tests are conducted, <br /> what the tests can determine, and the consequence of testing positive for drug use. <br /> The City encourages employees to seek treatment voluntarily and makes available the <br /> Employee Assistance Program (EAP). Any employee who chooses to notify the fire department <br /> of alcohol or substance abuse problems prior to either testing positive for alcohol or drugs, or <br /> being arrested for or convicted of a DUI, will be given the assistance extended to employees <br /> with other illnesses. Sick leave, vacation leave, or leave of absence without pay may be <br /> granted for treatment and rehabilitation. Insurance coverage for treatment will be provided to <br /> the extent of the individual's elected medical coverage. <br /> Employees are encouraged to contact the Human Resources Department for help in <br /> understanding benefits and leave policies when participating in the EAP. Any decision to seek <br /> voluntary help through the EAP or other resource will not interfere with an employee's continued <br /> employment. Employees who voluntarily come forward and ask for assistance to deal with a <br /> drug and/or alcohol problem shall not be disciplined by the City. Policies and procedures <br /> related to the confidentiality of personal medical information will be maintained at all times. <br /> Section 5 Employee Testing <br /> Unless otherwise required by law, or as required by sections 12 or 15 of this article, employees <br /> shall not be subject to random urine testing or blood testing or other similar or related tests for <br /> the purpose of discovering possible drug or alcohol abuse. <br /> 5.1 Reasonable Suspicion Testing <br /> If the City has reasonable suspicion to believe an employee's work performance is impaired due <br /> to drug or alcohol use, the City may require the employee to undergo a drug and/or alcohol test <br /> consistent with the conditions set forth in this article. <br /> Reasonable suspicion for the purposes of this article is defined as follows: the City's <br /> determination that reasonable suspicion exists shall be based on specific, articulated <br /> observations concerning the appearance, behavior, speech or body odors of an employee and <br /> shall include, as a minimum, a written report documenting objective, measurable changes in an <br /> employee's work performance due to unauthorized drug or alcohol use by two (2) observers <br /> who have had an adequate opportunity to observe these changes. Any member who refuses to <br /> comply with this article shall be removed from duty immediately and may be subject to <br /> disciplinary action. <br /> 5.2 Post-Incident/Accident Testing <br /> Employees will be required to undergo urine and breath testing if they are involved in an <br /> incident/accident with a City vehicle that results in a fatality or bodily injuries requiring transport <br /> for medical treatment. <br /> Following an incident/accident, the employee will be tested as soon as possible, but not to <br /> exceed 8 hours from the time of the accident for alcohol testing and 32 hours from the time of <br /> the accident for drug testing. <br /> Nothing in this section shall be construed to require the delay of necessary medical attention for <br /> the injured employee following an accident or to prohibit an employee from leaving the scene of <br /> 196 <br /> 55 <br />