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(4) fails to remain at a testing site until testing is complete; <br /> (5) in a case of directly observed or monitor collection, fails to <br /> permit observation or monitoring; <br /> (6) fails or declines to take a second test as required by the City <br /> and/or collector; <br /> (7) fails to undergo a medical examination as directed by the City <br /> pursuant to federal law; or <br /> (8) engages in conduct that clearly obstructs the testing process. <br /> Refusal by a Driver to complete and sign the alcohol testing form, to provide a <br /> breath or saliva sample, to provide an adequate amount of breath, or <br /> otherwise cooperate in a way that prevents the completion of the testing <br /> process constitutes a refusal to test. <br /> • Controlled Substance Use: No Driver may report for duty or remain on duty <br /> requiring the performance of safety-sensitive functions when the Driver uses <br /> any controlled substance, except when the use is pursuant to the instructions <br /> of a licensed medical practitioner who has advised the Driver in writing that <br /> the substance does not adversely affect the Driver's ability to safely operate a <br /> commercial motor vehicle. Drivers must inform the City in writing of any <br /> therapeutic controlled substance use immediately after receiving any such <br /> advice. <br /> • Controlled Substance Testing: No Driver may report for duty, remain on- <br /> duty or perform a safety-sensitive function if the Driver tests positive for <br /> controlled substance. <br /> Ill. CONDUCT PROHIBITED BY THE CITY: In addition to the conduct prohibited by <br /> applicable DOT and FMCSA regulations, the City has adopted the following <br /> prohibitions and policies based on its independent authority. <br /> • Manufacture. Trafficking, and Sale: No Driver may engage in the <br /> manufacture, sale, purchase, solicitation to sell or purchase, transportation, <br /> distribution, or dispensing of alcohol or controlled substance or controlled <br /> substance paraphernalia while on duty, performing safety-sensitive functions, <br /> on City premises, or in any City vehicle. <br /> • Criminal Controlled substance or Alcohol Convictions: Any Driver <br /> convicted under any federal, state, or local criminal controlled substance or <br /> alcohol statute for a violation occurring in the workplace, on City premises, or <br /> in any City vehicle must notify the City in writing of such conviction no later <br /> than five (5) days after such conviction. <br /> IV. REQUIRED BACKGROUND CHECKS AND VERIFICATIONS: The City will <br /> `.. conduct background checks of applicants for employment to drive a commercial <br /> motor vehicle. Applicants must execute a consent form authorizing the City to obtain <br /> 3 <br />