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The City may accept the results of a blood or breath test in place of an alcohol test and urine/oral <br />liquid test for the use of controlled substances if: <br />• The tests are conducted by federal, state, or local officials having independent authority <br />for the test, and <br />• The tests conform to applicable federal, state, or local testing requirements, and <br />• The test results can be obtained by the City. <br />Whenever such a test is conducted by a law enforcement officer, the driver must contact the City <br />and immediately report the existence of the test, providing the name, badge number, and <br />telephone number of the law enforcement officer who conducted the test. <br />Random Testing <br />Every driver will be subject to unannounced alcohol and controlled substance testing on a <br />random selection basis. Drivers will be selected for testing by use of a scientifically valid method <br />under which each driver has an equal chance of being selected each time selections are made. <br />These random tests will be conducted throughout the calendar year. Each driver who is notified <br />of selection for random testing must cease performing safety -sensitive functions and report to the <br />designated test site immediately. It is mathematically possible drivers may be selected to be <br />picked and tested more than once, and others not at all. <br />If a driver is selected for a random test while he or she is absent, on leave or away from work, <br />that driver may be required to undergo the test when he or she returns to work. <br />Federal law requires the City to test at a rate of at least fifty percent (50%) of its average number <br />of drivers for controlled substances each year, and to test at a rate of at least ten percent (10%) of <br />its average number of drivers for alcohol each year. These minimum testing rates are subject to <br />change by the DOT. <br />Reasonable Suspicion Testing <br />When a supervisor has reasonable suspicion to believe a driver has engaged in conduct <br />prohibited by federal law or this policy, the City will require the driver to submit to an alcohol <br />and/or controlled substance test. <br />The City's determination that reasonable suspicion exists to require the driver to undergo an <br />alcohol test will be based on "specific, contemporaneous, articulable observations concerning the <br />appearance, behavior, speech, or body odors of the driver." In the case of controlled substance, <br />the observations may include indications of the chronic and withdrawal effects of a controlled <br />substance. <br />The required observations for reasonable suspicion testing will be made by a supervisor or other <br />person designated by the City who has received appropriate training in identification of actions, <br />appearance and conduct of a driver which are indicative of the use of alcohol or controlled <br />substance. These observations leading to an alcohol or controlled substance test, will be reflected <br />in writing and signed by the supervisor who made the observations. The record will be retained <br />by the City. The person who makes the determination that reasonable suspicion exists to conduct <br />101 <br />