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61 <br /> <br /> <br />Random Testing <br />Every driver will be subject to unannounced alcohol and controlled substance testing on a <br />random selection basis. Drivers will be selected for testing by use of a scientifically valid method <br />under which each driver has an equal chance of being selected each time selections are made. <br />These random tests will be conducted throughout the calendar year. Each driver who is notified <br />of selection for random testing must cease performing safety-sensitive functions and report to <br />the designated test site immediately. It is mathematically possible drivers may be selected be <br />picked and tested more than 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, <br />that driver may be required to undergo the test when he or she returns to work. <br /> <br />Federal law requires the City 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 <br />percent (10%) of its average number of drivers for alcohol each year. These minimum testing <br />rates are subject to change by the DOT. <br /> <br />Reasonable Suspicion Testing <br />When a supervisor has reasonable suspicion to believe a driver has engaged in conduct <br />prohibited by federal law or this policy, the City will require the driver to submit to an alcohol <br />and/or controlled substance test. <br /> <br />The City’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 <br />the appearance, behavior, speech, or body odors of the driver.” In the case of controlled <br />substance, the observations may include indications of the chronic and withdrawal effects of a <br />controlled substance. <br /> <br />The required observations for reasonable suspicion testing will be made by a supervisor or <br />other person designated by the City who has received appropriate training in identification of <br />actions, appearance and conduct of a driver which are indicative of the use of alcohol or <br />controlled substance. These observations leading to an alcohol or controlled substance test, will <br />be reflected in writing and signed by the supervisor who made the observations. The record will <br />be retained by the City. The person who makes the determination that reasonable suspicion <br />exists to conduct testing, will not be the person conducting the testing, which shall instead be <br />conducted by another qualified person. <br /> <br />Alcohol testing is authorized only if the observations are made during, just before, or just after <br />the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not <br />administered within two (2) hours following the determination of reasonable suspicion, the City <br />will prepare and maintain on file a record stating the reasons the alcohol test was not promptly <br />administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours <br />following the determination of reasonable suspicion, the City will prepare and maintain on file a <br />103