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(k) The City shall not permit a driver who refuses to submit to the mandated alcohol tests <br />under this policy and federal law to perform or continue to perform safety -sensitive <br />functions. <br />Conduct Related to Controlled Substances <br />(a) No driver shall report for duty or remain on -duty requiring the performance of safety - <br />sensitive functions when the driver uses any controlled substance, except when the <br />use is pursuant to the instructions of a physician who has advised the driver that the <br />substance does not adversely affect the driver's ability to safely operate a commercial <br />motor vehicle. <br />(b) The City, having actual knowledge that a driver has used a controlled substance, shall <br />not permit the driver to perform or continue to perform a safety sensitive -function <br />unless use is permitted pursuant to the written instruction of a physician. <br />A driver shall inform the driver's supervisor of any therapeutic drug use. <br />No driver shall report for duty, remain on duty, or perform a safety -sensitive function, <br />if the driver tests positive for controlled substances. <br />The City, having actual knowledge that a driver has tested positive for controlled <br />substances, shall not permit the driver to perform or continue to perform safety -- <br />sensitive functions. <br />(f) No driver shall refuse to submit to a post -accident controlled substance test, a random <br />controlled substance test, a reasonable suspicion controlled substance test, or a follow- <br />up controlled substance test mandated by this policy and federal law. <br />(g) The City shall not permit a driver who refuses to submit to the mandated controlled <br />substance tests to perform or continue to perform safety -sensitive functions. <br />4. TYPES OF TESTS REQUIRED <br />Pre-employment Testing <br />Prior to the first time a driver performs safety -sensitive functions for the City, the driver shall <br />undergo testing for controlled substances. For purposes of this subsection on pre-employment <br />testing, the term driver includes but is not limited to a person applying to the City for a position <br />which requires them to drive a commercial motor vehicle, a person who has recently obtained <br />a commercial driver's license or a person whose has been reassigned or promoted into a <br />position that requires the performance of safety -sensitive functions. Any job offer, <br />reassignment or promotion to drive a commercial motor vehicle shall be contingent upon a <br />negative drug and alcohol test report and the applicant's written agreement authorizing former <br />employers to release <br />6 <br />