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I <br />;I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />4) <br /> <br />Other Misconduct: Nothing in this policy limits the right of the City to <br />discipline or discharge a driver on grounds other than a positive test result <br />in a confirmatory test, including conviction of any criminal drug statute <br />for a violation occurring in the workplace. <br /> <br />penalties <br /> <br />Any driver who violates the requirements of the federal law incorporated in this policy <br />may be subject to criminal penalties as prescribed by 49 U.S.C. Sec. 521 Co), which <br />provides that an employee who knowingly and willfully violates the Omnibus <br />Transportation Employee Testing Act while operating a commercial motor vehicle by <br />activities that have led or could have led to death or serious injury is subject to the <br />statutory cdminai sanctions. <br /> <br />geferral, Evaluation, and Treatment <br /> <br />^) <br /> <br />B) <br /> <br />¢) <br /> <br />Resource Advisory.. Each driver who engages in conduct prohibited by federal <br />law and this policy shall be advised by the City of the resources available to the <br />driver in evaluating and resolving problems associated with the misuse of alcohol <br />and use of controlled substances, including the names, addresses, and telephone <br />numbers of substance professionals and counseling and treatment programs. <br />I~valuation by a Substance Abuse Professional. Each driver who engages in <br />conduct prohibited by federal law and this policy shall be evaluated by a <br />substance abuse professional who shall determine what assistance, if any, the <br />employee needs in resolving problems associated with alcohol misuse and <br />controlled substance use. <br />Rctum,to-Duty Testing and Assistance. <br /> 1) :Before a driver returns to duty requiring the performance of a safety- <br /> sensitive function after engaging in conduct prohibited by federal law or <br /> this policy, the driver shall undergo a return-to-duty alcohol test with the <br /> result indicating an alcohol concentration of less than 0.02 if the conduct <br /> involved alcohol, or a controlled substance test with a verified negative <br /> result if the conduct involved a controlled substance. <br />2) In addition, each driver identified as needing assistance in resolving <br /> problems associated with alcohol misuse or controlled substance use: <br /> a) Shall be evaluated by a substance abuse professional to determine <br /> that the driver has properly followed any rehabilitation program <br /> prescribed by the SAP in accordance with federal law and this <br /> policy; and <br /> b) Shall be subject to unannounced follow-up alcohol and controlled <br /> substance testing administered by the City following the driver's <br /> return to duty. The number and frequency of such follow-up <br /> testing shall be as directed by the substance abuse professional, and <br /> consist of at least six tests in the first twelve months following the <br /> driver's return to duty. The City may direct the driver to undergo <br /> return-to-duty and follow-up testing for both alcohol and <br /> 16 <br /> <br /> <br />