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CC RES 95-060 RESOLUTION IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS
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CC RES 95-060 RESOLUTION IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS
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26
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RES 1995
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CC RES 95-060 RESOLUTION IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS
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Page 6 <br /> 382.107 Reasonable Suspicion - means that the City believes the appearance, <br /> behavior, speech or body odors of a driver are indicative of the use of a <br /> controlled substance or alcohol based on the observation of at least one (1) <br /> supervisor or official who has received training in the identification of <br /> behaviors indicative of drug and alcohol use. <br /> 382.107 Refuse to Submit (to an alcohol or controlled substance test) - a driver: <br /> (a) Fails to provide adequate breath for testing without a valid medical <br /> explanation after the driver has received notice of the requirement for <br /> breath testing in accordance with the provisions of this part; <br /> (b) fails to provide adequate urine for controlled substances testing <br /> without a valid medical explanation after the driver has received <br /> notice of the requirement for urine testing in accordance with the <br /> provisions of this policy and federal regulation; or <br /> (c) engages in conduct that clearly obstructs the testing process. <br /> 382.107; Safety Sensitive Function - any of the following: <br /> 395.2 (a) All time at a carrier or shipping plant, terminal, facility, or other <br /> property, or on any public property, waiting to be dispatched or in a <br /> state of readiness to drive and/or maintain a commercial motor <br /> vehicle, unless the driver has been relieved from duty by the City; <br /> (b) all time inspecting equipment as required by federal regulations or <br /> otherwise inspecting, servicing, or conditioning any commercial <br /> motor vehicle at any time; <br /> (c) all driving time which shall mean all time spent at the driving <br /> controls of a commercial motor vehicle operation; <br /> (d) all time, other than driving time, in or upon any commercial motor <br /> vehicle except time spent resting in a sleeper berth, which shall mean <br /> a berth confirming to the requirements of federal regulations; <br /> (e) all time loading or unloading a commercial motor vehicle, supervising, <br /> or assisting in the loading or unloading, attending a commercial <br /> motor vehicle being loaded or unloaded, remaining in a state of <br /> readiness to operate the commercial motor vehicle, or in giving or <br /> receiving receipts for shipments loaded or unloaded; <br /> (f) all time spent performing the driver requirements of the federal <br /> statutes related to accidents; <br />
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