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negative specimen, the City will direct a recollection, pursuant to the MRO's direction, under <br />direct observation. <br />Note: City can choose only to require retesting for dilute negatives where the Creatinine <br />concentration of specimen is greater than 5 mg/dL for pre -employment testing, reasonable <br />suspicion, post -accident, or random testing or for all of these tests. <br />Consequences for Drivers Engaging in Prohibited Conduct <br />Job Applicants <br />Any applicable conditional offer of employment will be withdrawn from a job applicant or <br />employee seeking a transfer who refuses to be tested or tests positive for controlled substance <br />pursuant to this policy. <br />Employees <br />Drivers who are known to have engaged in prohibited behavior with regard to alcohol misuse or <br />use of controlled substance, as defined earlier in this policy, are subject to the following <br />consequences: <br />• Removal from Safety -Sensitive Functions <br />No driver may perform safety -sensitive functions, including driving a commercial motor <br />vehicle, if the driver has engaged in conduct prohibited by federal law. <br />No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may <br />perform or continue to perform safety -sensitive functions for the City, including driving a <br />commercial motor vehicle, until the start of the driver's next regularly scheduled duty, but not <br />less than twenty-four (24) hours following administration of the test. <br />If a driver tests positive under this policy, or is found to have an alcohol concentration of .02 or <br />greater but less than .04, the driver will be removed from safety sensitive duties and escorted <br />home; the driver should not drive home, but be escorted to his or her home. The driver will then <br />be placed on vacation/PTO, for hours missed from work. <br />• Notification of Resources Available <br />The City will advise each driver who has engaged in conduct prohibited by federal law or <br />who has a positive alcohol or controlled substance test of the resources available to the <br />driver, in evaluating and resolving problems associated with the misuse of alcohol and <br />use of a controlled substance, including the names, addresses, and telephone numbers of <br />Substance Abuse Professionals and counseling and treatment programs. The City will <br />provide this SAP listing in writing at no cost to the driver. <br />• Discipline <br />The City reserves the right to impose whatever discipline the City deems appropriate in <br />its sole discretion, up to and including termination for a first occurrence, against drivers <br />who violate applicable FMCSA or DOT rules or this policy, subject to applicable <br />personnel policies and collective bargaining agreements. Except as otherwise required by <br />law, the City is not obligated to reinstate or requalify such drivers following a first <br />positive confirmed controlled substance or alcohol test result. <br />W. <br />