Laserfiche WebLink
Page 18 <br /> under the following circumstances: <br /> (1) The driver expressly declines the opportunity to discuss the test <br /> results. <br /> (2) The driver has not contacted the MRO within five (5) days of being <br /> instructed to do so by the City. <br /> 7. ALCOHOL TESTING <br /> The FWHA alcohol testing rules require breath testing to be administered by a <br /> Breath Alcohol Technician (BAT) using an Evidential Breath Testing Device (EBT). <br /> Two (2) breath tests are required to determine if a person has a prohibited alcohol <br /> concentration. Any results less than 0.02 alcohol concentration is considered a <br /> "negative" test. If the alcohol concentration is 0.02 or greater, a second <br /> confirmation test must be conducted. If the driver attempts and fails to provide an <br /> adequate amount of breath, the City will direct the driver to obtain a written <br /> evaluation from a licensed physician to determine if the driver's inability to provide <br /> a specimen is genuine or constitutes a refusal to test. Alcohol test results are <br /> reported directly to the designated City contact person. <br /> 8. CONFIDENTIALITY <br /> • All alcohol/controlled substances test results and the required records are considered <br /> confidential information. Any information concerning an individual's test results <br /> and records shall not be released without the written permission of the individual <br /> except as provided for by regulation or law. <br /> 9. CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED <br /> CONDUCT <br /> 382.501 (a) Removal From Safety Sensitive Function. Except as provided in federal law, <br /> (a) no driver shall perform safety sensitive functions, including driving a <br /> commercial motor vehicle, if the driver has engaged in conduct prohibited by <br /> federal law or this policy or an alcohol or controlled substance rule of <br /> another Department of Transportation agency. <br /> 382.501 (b) Prohibition of Safety Sensitive Functions. The City shall not permit any <br /> (b) driver to perform safety sensitive functions, including driving a commercial <br /> vehicle, if the City has determined that the driver has violated federal law. <br /> (c) Refusal to Submit. If the driver refuses to undergo the required testing <br /> From the under the federal regulations, the driver may be subject to discipline <br /> City of St. including, but not limited to, discharge. A driver may request a <br /> • Anthony hearing under a negotiated agreement if permitted, or under the St. <br /> Drug & Anthony City Code, Section 300.20. If a job applicant refuses to <br />