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62 <br />Given the significant dangers of alcohol and controlled substance use, each applicant and driver must <br />abide by this policy as a term and condition of hiring and continued employment. Moreover, federal <br />law requires the City to implement such a policy. <br /> <br />To ensure this policy is clearly communicated to all drivers and applicants, and in order to comply with <br />applicable federal law, drivers and applicants are required to review this policy and sign the <br />“Certificate of Receipt” portion. <br /> <br />Because changes in applicable law and the City’s practices and procedures may occur from time to <br />time, this policy may change in the future, and nothing in this policy is intended to be a contract, <br />promise, or guarantee the City will follow any particular course of action, disciplinary, rehabilitative or <br />otherwise, except as required by law. This policy does not in any way affect or change the status of any <br />at-will employee. <br /> <br />Any revisions to the Federal Omnibus Transportation Employee Testing Act and Federal Motor Carrier <br />Safety Administration (FMCSA) regulations will take precedent over this policy to the extent the <br />policy has not incorporated those revisions. <br /> <br />Persons Subject to Testing & Types of Tests <br />All employees are subject to testing who job duties include performing “safety-sensitive duties” on <br />City vehicles that: <br /> <br />1. Have a gross combination weight rating or gross combination weight of 26,001 pounds or <br />more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or <br />gross vehicle weight of more than 10,000 pounds, whichever is greater; or <br />2. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds <br />whichever is greater; or <br />3. Are designed to transport 16 or more passengers, including the driver; or <br />4. Are of any size and are used in the transportation of materials found to be hazardous for the <br />purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require <br />the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, <br />subpart F). <br /> <br />The following functions are considered safety-sensitive: <br /> <br />• all time waiting to be dispatched to drive a commercial motor vehicle <br />• all time inspecting, servicing, or conditioning a commercial motor vehicle <br />• all time driving at the controls of the commercial motor vehicle <br />• all other time in or upon a commercial motor vehicle (except time spent resting in a sleeper berth) <br />• all time loading or unloading a commercial motor vehicle, attending the same, giving or receiving <br />receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle <br />• all time repairing, obtaining assistance, or attending to a disable commercial motor vehicle. <br /> <br />The City may test any applicant to whom a conditional offer of employment has been made and any <br />driver for controlled substance and alcohol under any of the following circumstances: <br /> <br />