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62 <br /> <br />record stating the reasons the alcohol test was not administered, and will cease attempts to <br />conduct the alcohol test. <br /> <br />Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or <br />remain on duty requiring the performance of safety-sensitive functions while the driver is under <br />the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance <br />indicators of alcohol use, nor will the City permit the driver to perform or continue to perform <br />safety-sensitive functions until (1) an alcohol test is administered and the driver’s alcohol <br />concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the <br />determination of reasonable suspicion. <br /> <br />Return-to-Duty Testing <br />The City reserves the right to impose discipline against drivers who violate applicable FMCSA or <br />DOT rules or this policy, subject to applicable personnel policy and collective bargaining <br />agreements. Except as otherwise required by law, the City is not obligated to reinstate or <br />requalify such drivers for a first positive test result. <br /> <br />Should the City consider reinstatement of a DOT covered driver, the driver must undergo a <br />Substance Abuse Professional (“SAP”) evaluation and participate in any prescribed <br />education/treatment, and successfully complete return-to-duty alcohol test with a result <br />indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with <br />a verified negative result, before the driver returns to duty requiring the performance of a <br />safety-sensitive function. The SAP determines if the driver has completed the <br />education/treatment as prescribed. <br /> <br />The employee is responsible for paying for all costs associated with the return-to-duty test. The <br />controlled substance test will be conducted under direct observation. <br /> <br />Follow-Up Testing <br />The City reserves the right to impose discipline against drivers who violate applicable FMCSA or <br />DOT rules or this policy, subject to applicable personnel policies and collective bargaining <br />agreements. Except as otherwise required by law, the City is not obligated to reinstate or <br />requalify such drivers. <br /> <br />Should the City reinstate a driver following a determination by a Substance Abuse Professional <br />(SAP) that the driver is in need of assistance in resolving problems associated with alcohol use <br />and/or use of controlled substance, the City will ensure that the driver is subject to <br />unannounced follow-up alcohol and/or controlled substance testing. The number and <br />frequency of such follow-up testing will be directed by the SAP and will consist of at least six (6) <br />tests in the first twelve (12) months following the driver’s return to duty. Follow-up testing will <br />not exceed sixty (60) months from the date of the driver’s return to duty. The SAP may <br />terminate the requirement for follow-up testing at any time after the first six tests have been <br />administered, if the SAP determines such test is no longer necessary. The employee is <br />responsible for paying for all costs associated with follow-up tests. <br />104