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I <br /> <br /> I <br /> I <br /> I <br /> I <br /> <br /> I <br /> I <br /> I <br /> i <br /> I <br /> I <br />! <br />! <br />! <br />I <br />I <br /> <br />h) <br /> <br />i) <br /> <br /> the drive~r is under the influence of or impaired by alcohol, as shown by the <br /> behavior r~l, speech and performance indicators of alcohol misuse, nor shall the City <br /> permit th~ driver to perform or continue to perform safety-sensitive functions, until: <br />1) Ar~ alcohol test is administered and the driver's alcohol concentration <br /> mbasures less than 0.02; or <br />2) %Venty-four (24) hours have elapsed following the determination under <br /> pa;ragraph (f) of this section that there is reasonable suspicion to believe <br /> that the driver has violated the prohibitions of this policy and federal law <br /> ccnceming the use. of alcohol. <br />Driver's lehavior and Appearance Absent Test. Except as provided in (g)(2) of <br />this secti an, the City shall not take any action under this part against a driver <br />based sc lely on the driver's behavior and appearance with respect to alcohol use, <br />in the al~sence of an alcohol test. This does not prohibit an employer with <br />indepenc~ent authority of federal law from taking any action otherwise consistent <br />with the law. <br />Written lecords of Observations. A written record shall be made of the <br />observati ins leading to a controlled substance reasonable suspicion test, and <br />signed b the supervisor or another city employee who made the observations <br />within tw, nty-four (24) hours of the observed behavior or before the test results <br />are relea ;ed, whichever is earlier. <br /> <br />Return-to-Duty~..~ Testing <br /> <br />a) Retum-t~D.u.ty Alcohol Test. The City shall ensure that before a driver returns to <br />duty requiring the performance of a safety-sensitive function after engaging in <br />conduct I~rohibited by federal law or this policy concerning alcohol, the driver shall <br />undergo ia return-to-duty alcohol test with a result indicating an alcohol <br />concentration of less than 0.02. <br />b) Retum-tdrDutY Controlled Substance Test. The City shall ensure that before a <br /> drier returns to duty requiring the perfor, mance of a safety-sensitive function after <br /> engaging~in conduct prohibited by federal law or this policy concerning controlled <br /> substanci~s, the drier shall undergo a return-to-duty controlled substance test with <br /> a result i~dicating a verified negative result for controlled substance use. <br /> <br />Follow-Up Testing <br /> <br />a) Follow-U <br /> <br />b) <br /> <br />that a dri~ <br />misuse a <br />is subject <br />directed <br />,Tim in,q ol <br /> <br /> Alcohol and/or Controlled Substance Test. Following a determination <br />er is in need of assistance in resolving problems associated with alcohol <br />~d/or use of controlled substances, the City shall ensure that the driver <br />to unannounced follow-up alcohol and/or controlled substance testing as <br />y a substance abuse professional in accordance with the federal law. <br />Follow-Up tO Alcohol Test. Follow-up alcohol testing shall be conducted <br /> <br />only while the driver is performing safety-sensitive functions, just before the driver <br />is to perform safety-sensitive functions, or just after the drier as ceased performing <br />such safe~'y-sensitive functions or while the driver is in a state of readiness to drive. <br /> <br /> <br />