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73 <br /> A negative DOT return-to-duty test result; <br /> The driver’s refusal to submit to a DOT test for drug or alcohol use; <br /> Actual knowledge a driver has used alcohol or controlled substances, based on the <br />employer’s direct observation, information provided by the driver’s previous employer(s), <br />a traffic citation for driving a CMV while under the influence of alcohol or controlled <br />substances, or an employee’s admission of alcohol or controlled substance abuse except <br />as provided in § 382.121) of: <br />o On duty alcohol use pursuant to § 382.205; <br />o Pre-duty alcohol use pursuant to § 382.207; <br />o Alcohol use following an accident pursuant to § 382.209; <br />o Controlled substance use pursuant to § 382.213; <br /> Employers will also report negative return-to-duty (RTD) test results and the successful <br />completion of a driver’s follow-up testing plan as ordered by a SAP. <br /> <br />Loss of CDL License for Traffic Violations in Commercial and Personal Vehicles <br />Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license holders can <br />lose their CDL for certain traffic offenses in a commercial or personal vehicle. Employees are required <br />to notify their supervisor immediately if the status of their CDL license changes in anyway. <br /> <br />Maintenance and Disclosure of Records <br />Except as required or authorized by law, the City will not release driver’s information that is contained <br />in records required to be maintained by this policy or FMCSA and DOT regulations. Beginning in <br />2020, the city will be required to query and report to the agency’s Commercial Driver’s License (CDL) <br />Drug and Alcohol Clearinghouse prior to hiring new drivers, will conduct annual checks of existing <br />CDL-drivers, and will report certain violations of the DOT drug and alcohol testing program for <br />holders of CDLs. In addition, a driver is entitled, upon written request, to obtain copies of any records <br />pertaining to the driver’s use of alcohol or a controlled substance, including any records pertaining to <br />his or her alcohol or controlled substance tests. <br /> <br />Policy Contact for Additional Information <br />If you have any questions about this policy or the City’s controlled substance and alcohol testing <br />procedures, you may contact your immediate supervisor, human resources or the City Administrator to <br />obtain additional information. <br /> <br />Definitions <br />• Accident: <br />Means an occurrence involving a commercial motor vehicle operating on a public road which results in <br />a fatality; bodily injury to any person who, as a result of the injury, immediately receives medical <br />treatment away from the scene of the accident; or one or more motor vehicles incurring disabling <br />damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow <br />truck or other vehicle. The term “accident” does not include an occurrence involving only boarding and <br />alighting from a stationary motor vehicle; an occurrence involving only the loading or unloading of <br />cargo; or an occurrence in the course of the operation of a passenger car or a multipurpose passenger <br />vehicle unless the vehicle is transporting passengers for hire or hazardous materials of a type and <br />quantity that require the motor vehicle to be marked or placarded in accordance with 49 C.F.R. § <br />177.823; 49 C.F.R. § 382.303(a); 49 C.F.R. § 382.303(f). <br />