ARTICLE 42 ALCOHOL TESTING It is the intent of the City and FOP to establish provisions for the implementation of a drug free workplace policy in accordance with the Florida Statute 440 and Florida Administrative Code 59A-24. The purpose of this Article and Article 41 is to define the specific circumstances under which the use of drug and alcohol testing will be used by the City. To the extent that the following provisions conflict with the City's city-wide drug free workplace policy the provisions of the Agreement will prevail. To the extent that the provisions of this Agreement conflict with Florida Statute 440 and Florida Administrative Code 59A-24 and then, only to the extent that such conflict negates the benefits of establishing a drug free workplace policy, the parties agree that they will meet to resolve any such conflict in a manner which permits full implementation of the benefits of Florida Statute 440. Section 1. Unit members shall not report for duty or use City equipment while under the influence of alcohol, nor shall a unit member consume alcohol while on duty. The sole exception is that an officer may consume alcohol on duty where specifically authorized to do so as being necessary to a duty assignment. Section 2. A unit member shall be deemed to be under the influence of alcohol if he/she is physically or mentally impaired and/or unable to appropriately perform jobrelated duties in an acceptable manner because of the use of alcohol. Section 3. A superior officer may require a unit member to promptly submit to a breath alcohol test given by a trained and qualified Department employee, in a private area, if the superior officer has a reasonable suspicion that the unit member is under the influence of alcohol. No second opinion shall be required, but the superior officer requiring the breath test shall promptly fill out the Areas of Observation Form appearing at the end of this Article. Section 4. Since time is of the essence in breath testing, the superior officer need not fill out the form until after the test is administered. The completed form shall be retained in the unit member's personnel file. Section 5. The penalty for violations of this Article shall be a matter for determination upon a consideration of the particular facts and circumstances under a just cause standard and may or may not include discharge for a first offense. All penalties prescribed under this Article shall be subject to the grievance and arbitration procedures of this Agreement.
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