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• Refusal to test <br />All drivers and applicants have the right to refuse to take a required alcohol and/or <br />controlled substance test. If an employee refuses to undergo testing, the employee will be <br />considered to have tested positive and may be subject to disciplinary action, up to and <br />including termination. Refer to Refusing to Test provided earlier in this policy. <br />• Responsibility for Cost of Evaluation and Rehabilitation <br />Drivers will be responsible for paying the cost of evaluation and rehabilitation (including <br />services provided by a Substance Abuse Professional) recommended or required by the <br />City or FMCSA or DOT rules, except to the extent that such expense is covered by an <br />applicable employee benefit plan. <br />Loss of CDL License for Traffic Violations in Commercial and Personal <br />Vehicles <br />Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license <br />holders can lose their CDL for certain traffic offenses in a commercial or personal vehicle. <br />Employees are required to notify their supervisor immediately if the status of their CDL license <br />changes in anyway. <br />Maintenance and Disclosure of Records <br />Except as required or authorized by law, the City will not release driver's information that is <br />contained in records required to be maintained by this policy or FMCSA and DOT regulations. <br />In addition, a driver is entitled, upon written request, to obtain copies of any records pertaining to <br />the driver's use of alcohol or a controlled substance, including any records pertaining to his or <br />her alcohol or controlled substance tests. <br />Policy Contact for Additional Information <br />If you have any questions about this policy or the City's controlled substance and alcohol testing <br />procedures, you may contact your immediate supervisor or the City Administrator to obtain <br />additional information. <br />Definitions <br />Accident: <br />Means an occurrence involving a commercial motor vehicle operating on a public road which <br />results in a fatality; bodily injury to any person who, as a result of the injury, immediately <br />receives medical treatment away from the scene of the accident; or one or more motor vehicles <br />incurring disabling damage as a result of the accident, requiring the vehicle to be transported <br />away from the scene by a tow truck or other vehicle. The term "accident" does not include an <br />occurrence involving only boarding and alighting from a stationary motor vehicle; an occurrence <br />involving only the loading or unloading of cargo; or an occurrence in the course of the operation <br />of a passenger car or a multipurpose passenger vehicle unless the vehicle is transporting <br />passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to <br />be marked or placarded in accordance with 49 C.F.R. § 177.823; 49 C.F.R. § 382.303(a); 49 <br />C.F.R. § 382.303(f). <br />City of Hugo Adopted <br />DOT Drug and Alcohol Testing for Commercial Drivers Page 13 <br />