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� <br /> Evaluation,-and Return to Duty Testing <br /> 0 Should the City wish to consider reinstatement of a driver who engaged in <br /> conduct prohibited by federal law and/or who had a positive alcohol or controlled <br /> substance test, the driver must undergo a SAP evaluation, participate in any prescribed <br /> education/treatment, and successfully complete retum-to-duty alcohol test with a result <br /> indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test <br /> with a ve-rified negative result., before the driver retums to duty.requiring the performance <br /> of a safely-sensitive function. The SAP will determine what assistance, if any, the driver <br /> needs in resolvi blems associated with alcohol misuse and controlled substance use <br /> and will ensure the driver 1 1 <br /> properly follows any rehab*l*tation program and submits to <br /> unamounced follow-up alcohol and controlled substance testing. <br /> 0 If the driver..passes the return-to-duly test, he/she will be subject to unannounced <br /> 0 follow-up alcohol and/or controlled substance testing. The number and frequency <br /> for such follow-up testing will be as directed by the SAP and will consist of at least six <br /> ' <br /> Driver'stests in the first twelve months. These tests will be conducted under direct observation. <br /> • Refusal to test <br /> 0.— All drivers and applicants have the right to refuse to take a required alcohol aild/or <br /> controlled substance test. If an employee refuses to undergo testing, the employee will be <br /> considered to have tested positive and mqy be subject to disciplinary action, up to and <br /> including termination. Refer to Reftising to Test provided earlier in this policy. <br /> • Responsibility for Cost of Evaluation and Rehabilitation <br /> 0 Drivers will be responsible for paying the cost of evaluation and rehabilitation <br /> (including services provided by a Substance Abuse Professional) recommended or <br /> required by the City or FMCSA or DOT rules, except to the extent that such expense is <br /> collective bargaining.agreement. <br /> 0 Roorting to the FMCSA's CDL Drug-and Alcohol Clearinghouse <br /> 0 In accordance with the Federal Motor Caffier Safety Administration s (FMCSA) <br /> Commercial <br /> requirements, the City..will report the following information to the Clearinghouse within <br /> three business <br /> A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or <br /> +, <br /> ,/ The driver's refusal to submit to a DOT test for drug or alcohol use; <br /> informationv/ Actual knowledge a driver has used alcohol or controlled substances based on the <br /> employer's direct observation, / <br /> employer(s), a traffic citation for driving a CMV while under the influence of <br /> alcohol or controlled substances, or an employee's admission of alcohol or <br /> / <br /> controlled substance abuse <br /> | exce-pt as C <br /> | <br /> - <br />