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Page 15 <br />City or FMCSA or DOT rules, except to the extent that such expense is covered by an <br />applicable employee benefit plan or imposed on the City pursuant to a collective <br />bargaining agreement. <br /> <br />• Reporting to the FMCSA’s CDL Drug and Alcohol Clearinghouse <br />In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) <br />Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting <br />requirements beginning January 6, 2020, the City will report the following information <br />to the Clearinghouse within three business days: <br />✓ A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or <br /> greater; <br />✓ A negative DOT return-to-duty test result; <br />✓ The driver’s refusal to submit to a DOT test for drug or alcohol use; <br />✓ Actual knowledge a driver has used alcohol or controlled substances, based on the <br />employer’s direct observation, information provided by the driver’s previous <br />employer(s), a traffic citation for driving a CMV while under the influence of <br />alcohol or controlled substances, or an employee’s admission of alcohol or <br />controlled substance abuse except as provided in § 382.121) of: <br />o On duty alcohol use pursuant to § 382.205; <br />o Pre-duty alcohol use pursuant to § 382.207; <br />o Alcohol use following an accident pursuant to § 382.209; <br />o Controlled substance use pursuant to § 382.213; <br />✓ Employers will also report negative return-to-duty (RTD) test results and the <br />successful completion of a driver’s follow-up testing plan as ordered by a SAP. <br /> <br />Loss of CDL License for Traffic Violations in Commercial and Personal Vehicles <br />Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license holders <br />can lose their CDL for certain traffic offenses in a commercial or personal vehicle. Employees <br />are required to notify their supervisor immediately if the status of their CDL license changes in <br />anyway. <br /> <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 />Beginning in 2020, the city will be required to query and report to the agency’s Commercial <br />Driver’s License (CDL) Drug and Alcohol Clearinghouse prior to hiring new drivers, will conduct <br />annual checks of existing CDL-drivers, and will report certain violations of the DOT drug and <br />alcohol testing program for holders of CDLs. In addition, a driver is entitled, upon written <br />request, to obtain copies of any records pertaining to the driver’s use of alcohol or a controlled <br />substance, including any records pertaining to his or her alcohol or controlled substance tests. <br /> <br /> <br /> <br />