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70 <br /> <br />If the driver passes the return-to-duty test, he/she will be subject to unannounced <br />follow-up alcohol and/or controlled substance testing. The number and frequency for <br />such follow-up testing will be as directed by the SAP and will consist of at least six tests <br />in the first twelve months. These tests will be conducted under direct observation. <br /> <br />• Refusal to test <br />All drivers and applicants have the right to refuse to take a required alcohol and/or <br />controlled substance test. If an employee refuses to undergo testing, the employee will <br />be considered to have tested positive and may be subject to disciplinary action, up to <br />and including termination. Refer to Refusing to Test provided earlier in this policy. <br /> <br />• Responsibility for Cost of Evaluation and Rehabilitation <br />Drivers will be responsible for paying the cost of evaluation and rehabilitation (including <br />services provided by a Substance Abuse Professional) recommended or required by the <br />City or FMCSA or DOT rules, except to the extent that such expense is covered by an <br />applicable employee benefit plan or imposed on the City pursuant to a collective <br />bargaining agreement. <br /> <br />• Reporting to the FMCSA’s CDL Drug and Alcohol Clearinghouse <br />In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) <br />Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting <br />requirements, the City will report the following information to the Clearinghouse within <br />three business days: <br /> A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or <br /> greater; <br /> A negative DOT return-to-duty test result; <br /> The driver’s refusal to submit to a DOT test for drug or alcohol use; <br /> An “Actual knowledge” violation; and <br /> A report that the driver successfully completed all DOT follow-up tests as ordered <br /> by an SAP. <br /> <br />Loss of CDL License for Traffic Violations in Commercial and Personal Vehicles <br />Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license holders <br />can lose their CDL for certain traffic offenses in a commercial or personal vehicle. Employees <br />are required to notify their supervisor immediately if the status of their CDL license changes in <br />anyway. <br /> <br />Maintenance and Disclosure of Records <br />Except as required or authorized by law, the City will not release driver’s information that is <br />contained in records required to be maintained by this policy or FMCSA and DOT regulations. <br />Beginning in 2020, the city will be required to query and report to the agency’s Commercial <br />Driver’s License (CDL) Drug and Alcohol Clearinghouse prior to hiring new drivers, will conduct <br />annual checks of existing CDL-drivers, and will report certain violations of the DOT drug and <br />alcohol testing program for holders of CDLs. In addition, a driver is entitled, upon written <br />112