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program, as evidenced by withdrawal from the program before its <br /> completion or by a refusal to test (as defined below) or positive test <br /> result on a confirmatory test after completion of the program. <br /> If a Driver declines to participate in a controlled substance or alcohol <br /> counseling or rehabilitation program, or fails to successfully complete <br /> the program, as evidenced by withdrawal from the program or by a <br /> positive test result after completion of the program, the City will <br /> discharge the Driver. <br /> If a Driver refuses to submit to a test (as defined below), the City will <br /> consider that refusal to be the equivalent of a positive test. As a <br /> result, the City will provide the Driver an opportunity to participate in <br /> either a controlled substance or alcohol counseling or rehabilitation <br /> program, whichever is more appropriate, as determined by the City <br /> after consultation with a SAP or a physician trained in the diagnosis <br /> and treatment of chemical dependency. If the Driver refuses to <br /> participate in the counseling or rehabilitation program or fails to <br /> successfully complete the program, as evidenced by withdrawal from <br /> the program before its completion or by a positive test result (or <br /> second refusal to test) on a confirmatory retest after completion of the <br /> program, the City will discharge the Driver. <br /> H. Refusal to Submit to a Test <br /> L <br /> Driver and applicants have the right to refuse to submit to an alcohol or <br /> controlled substance test under this policy. If an applicant or Driver refuses to <br /> submit to a required alcohol or controlled substance test, no test will be <br /> conducted. However, such a refusal by a Driver will be considered a positive <br /> test result, will cause disqualification from performing safety sensitive <br /> functions, and will result in discipline pursuant to this policy. If an applicant <br /> refuses to submit to pre-employment testing, any conditional offer of <br /> employment will be withdrawn. <br /> For purposes of this section, a Driver or applicant refuses to submit to an <br /> alcohol or controlled substance test when the applicant or Driver: <br /> (1) fails to provide adequate breath for alcohol testing without a valid <br /> medical explanation after he or she has received notice of the <br /> requirement for breath testing; <br /> (2) fails to provide adequate urine for controlled substance testing without <br /> a genuine inability to provide a specimen (as determined by a medical <br /> evaluation), after he or she has received notice of the requirement for <br /> urine testing; <br /> (3) fails to report for testing within a reasonable period of time, as <br /> determined by the City; <br /> (4) fails to remain at a testing site until testing is complete; <br /> 13 <br />