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68 <br /> <br />City of Little Canada Personnel Policy <br />consuming alcohol is prohibited until the driver is tested. If the driver is not tested within two (2) hours <br />after the accident, the City will prepare and maintain on file a record stating why the test was not <br />administered within that time. If eight hours have elapsed since the accident and the driver has not <br />submitted to an alcohol test, the cityCity will cease its attempts to test the driver and prepare and <br />maintain on file a record stating why the test was not administered. <br /> <br />The cityCity may accept the results of a blood or breath test in place of an alcohol test and urine test <br />for the use of controlled substances if: <br /> The tests are conducted by federal, state, or local officials having independent authority for the test, <br />and <br /> The tests conform to applicable federal, state, or local testing requirements, and <br /> The test results can be obtained by the cityCity. <br /> <br />Whenever such a test is conducted by a law enforcement officer, the driver must contact the cityCity <br />and immediately report the existence of the test, providing the name, badge number, and telephone <br />number of the law enforcement officer who conducted the test. <br /> <br />Random Testing. <br /> <br />Every driver will be subject to unannounced alcohol and controlled substance testing on a random <br />selection basis. Drivers will be selected for testing by use of a scientifically valid method under which <br />each driver has an equal chance of being selected each time selections are made. These random tests <br />will be conducted throughout the calendar year. Each driver who is notified of selection for random <br />testing must cease performing safety-sensitive functions and report to the designated test site <br />immediately. It is mathematically possible drivers may be selected be picked and tested more than <br />once, and others not at all. <br /> <br />If a driver is selected for a random test while he or she is absent, on leave or away from work, that <br />driver may be required to undergo the test when he or she returns to work. <br /> <br />For 2020, federal law requires the cityCity to test at a rate of at least fifty percent (50%) of its average <br />number of drivers for controlled substance each year, and to test at a rate of at least ten percent (10%) <br />of its average number of drivers for alcohol each year. These minimum testing rates are subject to <br />change by the DOT. <br /> <br />Reasonable Suspicion Testing. <br /> <br />When a supervisor has reasonable suspicion to believe a driver has engaged in conduct prohibited by <br />federal law or this policy, the cityCity will require the driver to submit to an alcohol and/or controlled <br />substance test. <br /> <br />The cityCity’s determination that reasonable suspicion exists to require the driver to undergo an <br />alcohol test will be based on “specific, contemporaneous, articulable observations concerning the <br />appearance, behavior, speech, or body odors of the driver.” In the case of controlled substance, the <br />observations may include indications of the chronic and withdrawal effects of a controlled substance. <br /> <br />The required observations for reasonable suspicion testing will be made by a supervisor or other <br />person designated by the City who has received appropriate training in identification of actions, <br />appearance and conduct of a driver which are indicative of the use of alcohol or controlled substance.