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Page 14 <br />• Notification of Resources Available <br />The City will advise each driver who has engaged in conduct prohibited by federal law or <br />who has a positive alcohol or controlled substance test of the resources available to the <br />driver, in evaluating and resolving problems associated with the misuse of alcohol and <br />use of a controlled substance, including the names, addresses, and telephone numbers <br />of Substance Abuse Professionals and counseling and treatment programs. The City will <br />provide this SAP listing in writing at no cost to the driver. <br /> <br />• Discipline <br />The City reserves the right to impose whatever discipline the City deems appropriate in <br />its sole discretion, up to and including termination for a first occurrence, against drivers <br />who violate applicable FMCSA or DOT rules or this policy, subject to applicable <br />personnel policies and collective bargaining agreements. Except as otherwise required <br />by law, the City is not obligated to reinstate or requalify such drivers following a first <br />positive confirmed controlled substance or alcohol test result. <br /> <br />• Evaluation, and Return to Duty Testing <br />Should the City wish to consider reinstatement of a driver who engaged in conduct <br />prohibited by federal law and/or who had a positive alcohol or controlled substance <br />test, the driver must undergo a SAP evaluation, participate in any prescribed <br />education/treatment, and successfully complete return-to-duty alcohol test with a <br />result indicating an alcohol concentration of less than 0.02 and/or or a controlled <br />substance test with a verified negative result, before the driver returns to duty requiring <br />the performance of a safety-sensitive function. The SAP will determine what assistance, <br />if any, the driver needs in resolving problems associated with alcohol misuse and <br />controlled substance use and will ensure the driver properly follows any rehabilitation <br />program and submits to unannounced follow-up alcohol and controlled substance <br />testing. <br /> <br />• Follow-Up Testing <br />If the driver passes the return-to-duty test, he/she will be subject to unannounced <br />follow-up alcohol and/or controlled substance testing. The number and frequency for <br />such follow-up testing will be as directed by the SAP and will consist of at least six tests <br />in the first twelve months. These tests will be conducted under direct observation. <br /> <br />• 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 <br />be considered to have tested positive and may be subject to disciplinary action, up to <br />and including termination. Refer to Refusing to Test provided earlier in this policy. <br /> <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