10.03 Drug & Alcohol Policy Revisions

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City of Pequot Lakes DOT Drug and Alcohol Testing Title: Procedures Effective Date: 2-4-20 Effective Date(s)of Amendment(s): disqualification from performing safety-sensitive functions, and may appear on the driver's permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to and including discharge. In accordance with the FMCSA Commercial Driver's License (CDL) Drug and Alcohol Clearinghouse reporting requirements, beginning January 6, 2020, the City will report a driver's refusal to submit to a DOT test for drug or alcohol use to the Clearinghouse within three business days. If an applicant refuses to submit to pre- employment controlled substance testing, any applicable conditional offer wili be withdrawn. For purposes of this section, a driver is considered to have refused to submit to an alcohol or controlled substance test when the driver: • Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing. • Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing. • Altering or attempting to alter a urine sample or controlled substance test, or substituting or attempting to substitute a urine sample • Fails to report for testing within a reasonable period of time, as determined by the City. • Fails to remain at a testing site until testing is complete. • In the case of directly observed or monitored collection, fails to permit observation or monitoring. • Fails or declines to take a second test as required by the City and/or collector. • Fails to undergo a medical examination as directed by the City pursuant to federal law. • Refuses to complete and sign the alcohol testing form,to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise cooperate in any way that prevents the completion of the testing process. • Engages in conduct that clearly obstructs the test process.l4 22.2.4.6 Altering or Attempting to Alter a Urine Sample or Breath Test A driver aitering or attempting to alter a urine sample or controlled substance test, or substituting or attempting to substitute a urine sample, will be subject to providing a specimen under direct observation. Both specimens will be subject to laboratory testing. In 14 49 C.F.R.§§40.23 and 382.211,.501,and.507(establishing legal consequences for test refusal) Page 10 of 23