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• Page 20 <br /> prevents the driver from performing the safety sensitive <br /> functions of the job in question, it will be recommended that <br /> the driver be disciplined; including, but not limited to, <br /> discharge from employment. The driver, whether discharged <br /> or not, will have access to the evaluation and referral in <br /> resolving problems with alcohol misuse and controlled <br /> substance use through the driver's health plan, again at the <br /> driver's expense. <br /> (3) Suspensions and Transfers. Notwithstanding any other <br /> provisions herein, the City may temporarily suspend the tested <br /> driver with pay for up to 90 days or transfer that driver to <br /> another position at the same rate of pay of pay pending the <br /> outcome of the confirmatory test and, if requested, the <br /> confirmatory retest (controlled substances only), provided the <br /> City believes that it is reasonably necessary to protect the <br /> health or safety of the driver, co-employees, or the public. <br /> (4) Other Misconduct. Nothing in this policy limits the right of <br /> the City to discipline or discharge a driver on grounds other <br /> than a positive test result in a confirmatory test arising from <br /> the same or another incident, including but not limited to, a <br /> conviction of any criminal drug statute for a violation <br /> occurring in the workplace. <br /> 10. PENALTIES <br /> 582.507 Criminal penalties shall be prescribed by 49 U.S.C. Sec. 521 (b)(2), which <br /> provides that an employee who knowingly and willfully violates the <br /> Omnibus Transportation Employee Testing Act while operating a <br /> commercial motor vehicle by activities that have led or could have led to <br /> death or serious injury is subject to the statutory criminal sanctions. <br /> 11. REFERRAL, EVALUATION, AND TREATMENT <br /> 382.605 (a) Resource Advisory. Each driver who engages in conduct prohibited by <br /> (a) federal law and this policy shall be advised by the City of the resources <br /> available to the driver in evaluating and resolving problems associated with <br /> the misuse of alcohol and use of controlled substances, including the names, <br /> addresses, and telephone numbers of substance abuse professionals and <br /> counseling and treatment programs. <br /> 382.605 (b) Evaluation by a Substance Abuse Professional. Each driver who engages in <br />