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FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE <br />TESTING ACT AND RELATED REGULATIONS <br />IMPLEMENTATION POLICY <br /> <br />PURPOSE <br /> <br />The purpose of this policy is to establish programs designed to help prevent accidents <br />and injuries resulting from the misuse of alcohol or use of controlled substances by <br />drivers of commercial motor vehicles. This policy implements the requirements of the <br />federal Omnibus Transportation Testing Act and the U.S. Department of Regulations, 49 <br />C.F.R. Part 382. This policy is in addition to and separate from the City's Drug and <br />Alcohol Testing Policy, which implements the requirements of state law and the federal <br />Drug Free Workplace Act of 1988. <br /> <br />APPLICABILITY <br /> <br />Employees (regular full-time, regular part-time, and seasonal/temporary) who are required <br />to obtain and hold a' commercial drivers license, unless waived by the Public Safety <br />Exemption. <br /> <br />DEFINITION(S) <br /> <br />Accident - Except as provided in paragraph (2) of this definition, an occurrence involving <br />a commercial motor vehicle operating on a public road which results in: (1) a fatality, (2) <br />bodily injury to a person who, as a result of the injury, immediately receives medical <br />treatment away from the scene of the accident, (3) one or more motor vehicles incurring <br />disabling damage as a result of the accident, requiring the vehicle to be transported away <br />from the scene by a tow t~uck or other vehicle. The term accident does not include: (1) <br />an occurrence involving only boarding and alighting from a stationary motor vehicle, or <br />(2) an occurrence involving only the loading or unloading of cargo, or (3) an occurrence <br />in the course of the operation of a passenger car or a multipurpose passenger vehicle (as <br />defined in 571.3 of this title) by a motor carrier and is not transporting passengers for hire <br />or hazardous materials of a type and quantity that require the mot~ vehicle to be marked <br />or placarded in accordance with 77.823 of this title. <br /> <br /> I <br /> [ <br /> [ <br /> [ <br />I <br />I <br />I <br />[[ <br />i <br />[ <br /> <br />Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular <br />weight alcohols including methyl an diisopropyl alcohol. <br /> <br />AlcOhol concentration (or content) - the alcohol in a volume of breath expressed in <br />terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test <br />under this policy and federal regulations, <br /> <br />I <br />! <br /> <br /> <br />