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Page 7 <br />will prepare and maintain on file a record stating the reasons the alcohol test was not promptly <br />administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours <br />following the determination of reasonable suspicion, the City will prepare and maintain on file a <br />record stating the reasons the alcohol test was not administered and will cease attempts to <br />conduct the alcohol test. <br /> <br />Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or <br />remain on duty requiring the performance of safety-sensitive functions while the driver is under <br />the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance <br />indicators of alcohol use, nor will the City permit the driver to perform or continue to perform <br />safety-sensitive functions until (1) an alcohol test is administered and the driver’s alcohol <br />concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the <br />determination of reasonable suspicion. <br /> <br />Return-to-Duty Testing. <br />The City reserves the right to impose discipline against drivers who violate applicable FMCSA or <br />DOT rules or this policy, subject to applicable personnel policy and collective bargaining <br />agreements. Except as otherwise required by law, the City is not obligated to reinstate or <br />requalify such drivers for a first positive test result. <br /> <br />Should the City consider reinstatement of a DOT covered driver, the driver must undergo a <br />Substance Abuse Professional (“SAP”) evaluation and participate in any prescribed <br />education/treatment, and successfully complete return-to-duty alcohol test with a result <br />indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a <br />verified negative result, before the driver returns to duty requiring the performance of a safety- <br />sensitive function. The SAP determines if the driver has completed the education/treatment as <br />prescribed. <br /> <br />The employee is responsible for paying for all costs associated with the return-to-duty test. The <br />controlled substance test will be conducted under direct observation. <br /> <br />Follow-Up Testing. <br />The City reserves the right to impose discipline against drivers who violate applicable FMCSA or <br />DOT rules or this policy, subject to applicable personnel policies and collective bargaining <br />agreements. Except as otherwise required by law, the City is not obligated to reinstate or <br />requalify such drivers. <br /> <br />Should the City reinstate a driver following a determination by a Substance Abuse Professional <br />(SAP) that the driver is in need of assistance in resolving problems associated with alcohol use <br />and/or use of controlled substance, the City will ensure that the driver is subject to unannounced <br />follow-up alcohol and/or controlled substance testing. The number and frequency of such follow- <br />up testing will be directed by the SAP and will consist of at least six (6) tests in the first twelve <br />(12) months following the driver’s return to duty. Follow-up testing will not exceed sixty (60) <br />months from the date of the driver’s return to duty. The SAP may terminate the requirement for