05/07/2012 Council Packet - Laserfiche WebLink

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results of the alcohol or controlled substances tests are released, whichever is earlier. The record will be submitted to Administration. When the City has reasonable suspicion to believe that the driver has engaged in conduct prohibited by federal law, the City must require the driver to submit to an alcohol or controlled substance test. If a reasonable suspicion alcohol test is not administered within two hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered and such record will be forwarded to Administration. If a reasonable suspicion alcohol test is not administered within eight hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not administered, and will cease attempts to conduct the alcohol test. If a reasonable suspicion controlled substance test is not administered within 32 hours following the determination of reasonable suspicion, the City will cease attempts to administer a controlled substance test and will prepare a record stating the reasons for not administering the test. Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or remain on duty requiring the performance of safety - sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol use, nor will the City permit the driver to perform or continue to perform safety - sensitive functions until (1) an alcohol test is administered and the driver's alcohol concentration is less than 0.02; or (2) 32 hours have elapsed following the determination of reasonable suspicion. D. Return -to -Duty and Follow -Up When an employee tests positive or refuses a test or violates other provisions of DOT and USCG testing regulations that employee cannot work again in DOT safety - sensitive positions until successfully completing a Substance Abuse Professional (SAP) evaluation and any subsequent prescribed education or treatment program. F. Return -to -Duty Testing After successfully completing the SAP requirements, the employee may be eligible to return to work. However, before the City can return the person to work in a safety- sensitive job, a SAP must determine that the employee successfully complied with the recommended treatment. The employee must then have a "return-to -duty test" and the test result must be negative. The SAP will also develop the employee's follow -up testing plan, outlining for the City the number and frequency of follow -up testing that will take place. The City is responsible for ensuring that the employee is tested according to the SAP's follow -up plan. These tests can be for drugs or alcohol or both. The SAP must direct at least six follow -up tests in the first 12 months after the person returns to safety - sensitive duties. However, the SAP can direct more tests and may extend them for up to five years. F. Cost of Required Testing The employee is responsible for paying for all costs associated with requested confirmatory retests, return-to -duty, and follow -up testing. 47