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employees. The driver must pay for the cost of all requested confirmatory re -tests, return -to -duty, <br />and follow-up testing. <br />Prohibited Conduct <br />The following conduct is explicitly prohibited by applicable DOT and FMCSA regulations and <br />therefore constitutes violation of City policy. <br />Under the influence of alcohol when reporting for duty or while on duty. <br />No driver may report for duty or remain on duty requiring the performance of safety -sensitive <br />functions while having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or <br />remaining on duty to perform safety -sensitive functions while having an alcohol concentration of <br />0.02, but less than 0.04, will be removed from duty for 24 hours, escorted home and placed on <br />vacation, compensatory PTO, or another appropriate leave of absence for hours missed from <br />work. <br />On -Duty Use of Alcohol. <br />No driver may use alcohol while performing safety -sensitive functions. <br />Pre -Duty Use of Alcohol. <br />No driver may perform safety -sensitive functions within four (4) hours after using alcohol. If an <br />employee has had alcohol within four hours they are to notify their supervisors before <br />performing any safety -sensitive functions. <br />Alcohol Use Following an Accident. <br />No driver required to take a post -accident alcohol test may use alcohol for eight (8) hours <br />following the accident, or until the driver undergoes a post -accident alcohol test, whichever <br />occurs first. <br />Refusal to Submit to a Required Alcohol or Controlled Substance Test. <br />No applicant or driver may refuse to submit to pre -employment, post -accident, random, <br />reasonable suspicion or follow-up alcohol or controlled substance testing. <br />In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled <br />substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance <br />or alcohol testing will be considered a positive test result, will cause disqualification from <br />performing safety -sensitive functions, and may appear on the driver's permanent record. Drivers <br />who refuse to submit to testing will be subject to discipline, up to and including termination. If <br />an applicant refuses to submit to pre -employment controlled substance testing, any applicable <br />conditional offer may be withdrawn. <br />For purposes of this section, a driver is considered to have refused to submit to an alcohol or <br />controlled substance test when the driver: <br />• Fails to provide adequate breath for alcohol testing without a valid medical explanation after <br />he or she has received notice of the requirement for breath testing. <br />• Fails to provide adequate urine for controlled substance testing without a genuine inability to <br />provide a specimen (as determined by a medical evaluation), after he or she has received <br />notice of the requirement for urine testing. <br />City of Hugo Adopted <br />DOT Drug and Alcohol Testing for Commercial Drivers Page 7 <br />