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11-17-2021 Council Packet
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11-17-2021 Council Packet
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67 <br />0.04, will be removed from duty for 24 hours, escorted home and placed on PTO leave, Compensatory <br />or another appropriate leave of absence for hours missed from work. <br /> <br />On-Duty Use of Alcohol <br />No driver may use alcohol while performing safety-sensitive functions. <br /> <br />Pre-Duty Use of Alcohol <br />No driver may perform safety-sensitive functions within four (4) hours after using alcohol. If an <br />employee has had alcohol within four hours they are to notify their supervisors before performing any <br />safety-sensitive functions. <br /> <br />Alcohol Use Following an Accident <br />No driver required to take a post-accident alcohol test may use alcohol for eight (8) hours following the <br />accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first. <br /> <br />Refusal to Submit to a Required Alcohol or Controlled Substance Test <br />No applicant or driver may refuse to submit to pre-employment, post-accident, random, reasonable <br />suspicion or follow-up alcohol or controlled substance testing. <br /> <br />In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled <br />substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance or <br />alcohol testing will be considered a positive test result, will cause disqualification from performing <br />safety-sensitive functions, and may appear on the driver’s permanent record. Drivers who refuse to <br />submit to testing will be subject to discipline, up to an including termination. In accordance with the <br />Federal Motor Carrier Safety Administration’s (FMCSA) Commercial Driver’s License (CDL) Drug <br />and Alcohol Clearinghouse reporting requirements, beginning January 6, 2020, the City will report a <br />driver’s refusal to submit to a DOT test for drug or alcohol use to the Clearinghouse within three <br />business days. If an applicant refuses to submit to pre-employment controlled substance testing, any <br />applicable conditional offer will be withdrawn. <br /> <br />For purposes of this section, a driver is considered to have refused to submit to an alcohol or controlled <br />substance test when the driver: <br /> <br />• Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or <br />she has received notice of the requirement for breath testing. <br />• Fails to provide adequate urine for controlled substance testing without a genuine inability to <br />provide a specimen (as determined by a medical evaluation), after he or she has received notice of <br />the requirement for urine testing. <br />• Fails to report for testing within a reasonable period of time, as determined by the City. <br />• Fails to remain at a testing site until testing is complete. <br />• In the case of directly observed or monitored collection, fails to permit observation or monitoring. <br />• Fails or declines to take a second test as required by the City and/or collector. <br />• Fails to undergo a medical examination as directed by the City pursuant to federal law. <br />• Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample, to <br />provide an adequate amount of breath, or otherwise cooperate in any way that prevents the <br />completion of the testing process.
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