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alcohol misuse and controlled substance use. <br /> 3. Return-to-Duty Testing and Assistance. <br /> (A) Before a driver returns to duty requiring the performance of a safety-sensitive <br /> function after engaging in conduct prohibited by a federal law or this policy, the <br /> driver shall undergo a return-to-duty alcohol test with the result indicating an <br /> alcohol concentration of less than 0.02 if the conduct involved alcohol, or a <br /> controlled substance test with a verified negative result if the conduct involved a <br /> controlled substance. <br /> (B) In addition, each driver identified by as Substance_Abuse-Rr-ofessional-asneeding <br /> assistance in resolving problems associated with alcohol misuse or controlled <br /> substance use: <br /> (1) Shall be evaluated by a substance abuse professional to determine that the <br /> driver has properly followed any rehabilitation program prescribed under <br /> federal law and these rules; and <br /> (2) Shall be subject to unannounced follow-up alcohol and controlled <br /> substance testing administrated by the City following the driver's return to <br /> duty. The number and frequency of such follow-up testing shall be as <br /> directed by the substance abuse professional, and consist of at least six (6) <br /> tests in the first twelve (12) months following the driver's return to duty. <br /> The City may direct the driver undergo return-to-duty and follow-up <br /> testing for both alcohol and controlled substances, if the substance abuse <br /> professional determines that both resting in necessary for that particular <br /> driver. Any such testing shall be performed in accordance with the <br /> requirements of 49 C.F.R. Part 40. Follow-up testing shall not exceed <br /> sixty (60) months from the date of the driver's return-to-duty. The <br /> substance abuse professional may terminate the requirement for follow-up <br /> testing at any time after the first six (6) tests have been administered, if the <br /> substance abuse professional determines that such testing is no longer <br /> needed. <br /> 4. Rehabilitation. Any recommended participation in a counseling or rehabilitation <br /> program will be at the driver's own expense or pursuant to coverage under an employee's <br /> benefit plan. <br /> 5. Conflict of Interest Of Substance Abuse Professional. The City shall ensure that a <br /> substance abuse professional who determines that a driver requires assistance in resolving <br /> problems with alcohol misuse or controlled substance use does not refer the driver to the <br /> substance abuse professional's private or practice or to a personal organization from <br /> 18 <br />