12-04-2023 Council Work Session Packet

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No driver required to take a post-accident alcohol test may use alcohol for eight (8) hours following the accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first. Refusal to Submit to a Required Alcohol or Controlled Substance Test No applicant or driver may refuse to submit to pre-employment, post-accident, random, reasonable suspicion or follow-up alcohol or controlled substance testing. In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause disqualification from performing safety-sensitive functions, and may appear on the driver’s permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to an including termination. In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting requirements, the City will report a driver’s refusal to submit to a DOT test for drug or alcohol use to the Clearinghouse within three business days. If an applicant refuses to submit to pre- employment controlled substance testing, any applicable conditional offer will be withdrawn. For purposes of this section, a driver is considered to have refused to submit to an alcohol or controlled substance test when the driver: • Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing. • Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing. • Fails to report for testing within a reasonable period of time, as determined by the City. • Fails to remain at a testing site until testing is complete. • In the case of directly observed or monitored collection, fails to permit observation or monitoring. • Fails or declines to take a second test as required by the City and/or collector. • Fails to undergo a medical examination as directed by the City pursuant to federal law. • Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise cooperate in any way that prevents the completion of the testing process. • Engages in conduct that clearly obstructs the test process. Altering or Attempting to Alter a Urine Sample or Breath Test A driver altering or attempting to alter a urine sample or controlled substance test, or substituting or attempting to substitute a urine sample, will be subject to providing a specimen under direct observation. Both specimens will be subject to laboratory testing. In such case, the employee may be subject to immediate termination of employment and any job offer made to an applicant will be immediately withdrawn. 286