11.03 - Drug and Alcohol Policy - Laserfiche WebLink

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rehabilitative or otherwise, except as required by law. Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent over this policy to the extent the policy has not incorporated those revisions. 11. CONDUCT PROHIBITED BY FEDERAL LAW: The following conduct is explicitly prohibited by applicable DOT regulations adopted by the FMCSA and therefore constitutes violation of City policy. • Alcohol Concentration: No Driver may report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of .02 or greater. • On-Duty Use of Alcohol: No Driver may use alcohol while performing safety-sensitive functions. • Pre-Duty Use of Alcohol: No Driver may perform safety-sensitive functions within four (4) hours after using alcohol. • _Alcohol Use Following an Accident: No Driver required to take a post- accident alcohol test (see Part V.B of this Policy) may use alcohol for eight (8) hours following the accident, or until the Driver undergoes a post-accident alcohol test, whichever occurs first. \ • _Refusal to Submit to a Required Alcohol or Controlled Substance Test: -� No Driver may refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substance test. In the event an applicant or Driver refuses to submit to required alcohol or controlled substance testing, no test will be conducted. Refusal by a Driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause 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. If an applicant refuses to submit to pre-employment controlled substance testing, any conditional offer of employment will be withdrawn. For purposes of this section, a Driver refuses to submit to an alcohol or controlled substance test when the Driver: (1) 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; (2) 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; (3) fails to report for testing within a reasonable period of time, as determined by the City; 2