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Page 4 <br />2. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds <br />whichever is greater; or <br />3. Are designed to transport 16 or more passengers, including the driver; or <br />4. Are of any size and are used in the transportation of materials found to be hazardous for <br />the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which <br />require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 <br />CFR part 172, subpart F). <br /> <br />City firefighters are not covered under this DOT policy. The Federal Highway Administration <br />(FHWA) has granted states the option of waiving CDL requirements for firefighters. Since the <br />state of Minnesota is one that gives firefighters the option of obtaining either a CDL or a non- <br />commercial license, the state has exercised the option not to require CDLs. Therefore, 49 CFR <br />Part 382 is not applicable to City firefighters. <br /> <br />The following functions are considered safety-sensitive: <br />• all time waiting to be dispatched to drive a commercial motor vehicle <br />• all time inspecting, servicing, or conditioning a commercial motor vehicle <br />• all time driving at the controls of the commercial motor vehicle <br />• all other time in or upon a commercial motor vehicle (except time spent resting in a <br />sleeper berth) <br />• all time loading or unloading a commercial motor vehicle, attending the same, giving or <br />receiving receipts for shipments being loaded or unloaded, or remaining in readiness to <br />operate the vehicle <br />• all time repairing, obtaining assistance, or attending to a disable commercial motor <br />vehicle. <br /> <br />The City may test any applicant to whom a conditional offer of employment has been made and <br />any driver for controlled substance and alcohol under any of the following circumstances: <br /> <br />Pre-Employment Testing. <br />All applicants, including current employees seeking a transfer, applying for a position where <br />duties include performing safety-sensitive duties described above, will be required to take a drug <br />test prior to the first time a driver performs a safety-sensitive function for the City. A driver may <br />not perform safety-sensitive functions unless the driver has received a controlled substance test <br />result from the Medical Review Officer (“MRO”) indicating a verified negative test result. <br /> <br />Post-Accident Testing. <br />As soon as practicable following an accident involving a commercial motor vehicle operating on <br />a public road, the City will test each surviving driver for controlled substances and alcohol when <br />the following occurs: <br />• The accident involves a fatality or <br />• The driver receives a citation for a moving traffic violation from the accident and an <br />injury is treated away from the accident scene or