Laserfiche WebLink
72 <br /> <br />• Discipline <br />The City reserves the right to impose whatever discipline the City deems appropriate in its sole <br />discretion, up to and including termination for a first occurrence, against drivers who violate <br />applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and <br />collective bargaining agreements. Except as otherwise required by law, the City is not obligated <br />to reinstate or requalify such drivers following a first positive confirmed controlled substance or <br />alcohol test result. <br /> <br />• Evaluation, and Return to Duty Testing <br />Should the City wish to consider reinstatement of a driver who engaged in conduct prohibited <br />by federal law and/or who had a positive alcohol or controlled substance test, the driver must <br />undergo a SAP evaluation, participate in any prescribed education/treatment, and successfully <br />complete return-to-duty alcohol test with a result indicating an alcohol concentration of less <br />than 0.02 and/or or a controlled substance test with a verified negative result, before the driver <br />returns to duty requiring the performance of a safety-sensitive function. The SAP will <br />determine what assistance, if any, the driver needs in resolving problems associated with <br />alcohol misuse and controlled substance use and will ensure the driver properly follows any <br />rehabilitation program and submits to unannounced follow-up alcohol and controlled substance <br />testing. <br /> <br />• Follow-Up Testing <br />If the driver passes the return-to-duty test, he/she will be subject to unannounced follow-up <br />alcohol and/or controlled substance testing. The number and frequency for such follow-up <br />testing will be as directed by the SAP and will consist of at least six tests in the first twelve <br />months. These tests will be conducted under direct observation. <br /> <br />• Refusal to test <br />All drivers and applicants have the right to refuse to take a required alcohol and/or controlled <br />substance test. If an employee refuses to undergo testing, the employee will be considered to <br />have tested positive and may be subject to disciplinary action, up to and including termination. <br />Refer to Refusing to Test provided earlier in this policy. <br /> <br />• Responsibility for Cost of Evaluation and Rehabilitation <br />Drivers will be responsible for paying the cost of evaluation and rehabilitation (including <br />services provided by a Substance Abuse Professional) recommended or required by the City or <br />FMCSA or DOT rules, except to the extent that such expense is covered by an applicable <br />employee benefit plan or imposed on the City pursuant to a collective bargaining agreement. <br /> <br />• Reporting to the FMCSA’s CDL Drug and Alcohol Clearinghouse <br />In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial <br />Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting requirements beginning <br />January 6, 2020, the City will report the following information to the Clearinghouse within <br />three business days: <br /> <br /> A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or <br /> greater;