04-11-2022 City Council Packet - Laserfiche WebLink

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To ensure this policy is clearly communicated to all drivers and applicants, and in order to comply with applicable federal law, drivers and applicants are required to review this policy and sign the "Certificate of Receipt" portion. Because changes in applicable law and the City's practices and procedures may occur from time to time, this policy may change in the future, and nothing in this policy is intended to be a contract, promise, or guarantee the City will follow any particular course of action, disciplinary, rehabilitative or otherwise, except as required by law. This policy does not in any way affect or change the status of any at -will employee. Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent over this policy to the extent the policy has not incorporated those revisions. Persons Subject to Testing & Types of Tests All employees are subject to testing who job duties include performing "safety -sensitive duties" on City vehicles that: 1. Have a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater; or 2. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds whichever is greater; or 3. Are designed to transport 16 or more passengers, including the driver; or 4. Are of any size and are used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F). Firefighters are not covered under this DOT policy. The Federal Highway Administration (FHWA) has granted states the option of waiving CDL requirements for firefighters. Since the state of Minnesota is one that gives firefighters the option of obtaining either a CDL or a non- commercial license, the state has exercised the option not to require CDLs. Therefore, 49 CFR Part 382 is not applicable to City firefighters. The following functions are considered safety -sensitive: • all time waiting to be dispatched to drive a commercial motor vehicle • all time inspecting, servicing, or conditioning a commercial motor vehicle • all time driving at the controls of the commercial motor vehicle • all other time in or upon a commercial motor vehicle • all time loading or unloading a commercial motor vehicle, attending the same, giving or receiving receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle • all time repairing, obtaining assistance, or attending to a disable commercial motor vehicle. The City may test any applicant to whom a conditional offer of employment has been made and any driver for controlled substance and alcohol under any of the following circumstances: