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City of Pequot Lakes DOT Drug and Alcohol Testing <br /> Title: Procedures Effective Date: 2-4-20 <br /> Effective Date(s)of Amendment(s): <br /> controlled substances,the observations may include indications of the chronic and <br /> withdrawal effects of a controlled substance. <br /> The required observations for reasonable suspicion testing will be made by a supervisor or <br /> other person designated by the City who has received appropriate training in identification <br /> of actions, appearance, and conduct of a driver, which are indicative of the use of alcohol or <br /> controlled substance.These observations leading to an alcohol or controlled substance test, <br /> will be reflected in writing and signed by the supervisor who made the observations.The <br /> record will be retained by the City.The person who makes the determination that <br /> reasonable suspicion exists to conduct testing wilf not be the person conducting the testing, <br /> which shall instead be conducted by another qualified person. <br /> Alcohol testing is authorized only if the observations are made during,just before, or just <br /> after the driver has ceased performing such functions. If a reasonable suspicion alcohol test <br /> is not administered within two (2) hours following the determination of reasonable <br /> suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol <br /> test was not promptly administered. If a reasonable suspicion alcohol test is not <br /> administered within eight (8) hours foliowing the determination of reasonable suspicion,the <br /> City will prepare and maintain on file a record stating the reasons the alcohol test was not <br /> administered, and will cease attempts to conduct the alcohol test. <br /> Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty <br /> or remain on duty requiring the performance of safety-sensitive functions while the driver is <br /> under the influence of or impaired by alcohol, as shown by the behavioral, speech, and <br /> performance indicators of alcohol use, nor will the City permit the driver to perform or <br /> continue to perform safety-sensitive functions until: (1) an alcohol test is administered and <br /> the driver's alcohol concentration is less than .02; or(2)twenty-four(24) hours have <br /> elapsed following the determination of reasonable suspicion.6 <br /> 22.2.1.5 Return-to-Duty Testing <br /> The City reserves the right to impose discipline, up to and including discharge, against <br /> drivers who violate applicable FMCSA or DOT regulations or this policy, subject to applicable <br /> personnel policy and collective bargaining agreements. Except as otherwise required by law, <br /> the City is not obligated to reinstate or requalify such drivers for a first positive test result. <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 a return-to-duty alcohol test with a result <br /> indicating an alcohol concentration of less than 0.02 and/or a controlled substance test with <br /> a verified negative result, before the driver returns to duty requiring the performance of a <br /> 6 49 C.F.R. § 382.305(describing requirements of reasonable suspicion testing) <br /> Page 7 of 23 <br />