Laserfiche WebLink
Page 14 <br /> 382.307 (f) Prompt Administration of the Test. If an alcohol test required by federal <br /> (e)(i) law and this policy is not administered within two (2) hours following the <br /> determination of reasonable suspicion, the City shall prepare and maintain <br /> on file, a record stating the reasons the alcohol test was not promptly <br /> administered. If an alcohol test required by federal law and this policy is not <br /> administered within eight (8) hours following the determination of <br /> reasonable suspicion, the City shall cease attempts to administer and alcohol <br /> test and shall state in the record the reasons for not administering the test. <br /> 382.307 (g) Under the Influence Prohibitions. Notwithstanding the absence of a <br /> reasonable suspicion alcohol test under this policy and federal law, no driver <br /> shall report for duty or remain on duty requiring the performance of safety <br /> sensitive functions while the driver is under the influence of or impaired by <br /> alcohol, as shown by the behavioral, speech, and performance indicators of <br /> alcohol misuse, nor shall the City permit the driver to perform or continue <br /> to perform safety sensitive functions until: <br /> (1) An alcohol test is administered and the driver's alcohol <br /> concentration measures less than 0.02; or <br /> (2) Twenty-four (24) hours have elapsed following the <br /> determination under paragraph (f) of this section that there is <br /> reasonable suspicion to believe that the driver has violated the <br /> prohibitions of this policy and federal law concerning the use <br /> of alcohol. <br /> 382.307 (h) Driver's Behavior and Appearance Absent Test. Except as provided in (g)(2) <br /> of this section, the City shall not take any action under this part against a <br /> driver based solely on the driver's behavior and appearance with respect to <br /> alcohol use, in the absence of an alcohol test. This does not prohibit the <br /> City with independent authority of federal law from taking action otherwise <br /> consistent with law. <br /> 382.307 (i) Written Records of Observations. A written record shall be made of the <br /> observations leading to a controlled substance reasonable suspicion test, and <br /> signed by the supervisor or another city employee who made the <br /> observations within twenty-four (24) hours of the observed behavior or <br /> before the test results are released, whichever is earlier. <br /> Return-to-Duty Testing <br /> 382.309 (a) Return-to-Duty Alcohol Test. The City shall ensure that before a driver <br /> (a) returns to duty requiring the performance of a safety sensitive function after <br /> engaging in conduct prohibited by federal law or this policy concerning <br />