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testing, will not be the person conducting the testing, which shall instead be conducted by <br />another qualified person. <br />Alcohol testing is authorized only if the observations are made during, just before, or just after <br />the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not <br />administered within two (2) hours following the determination of reasonable suspicion, the City <br />will prepare and maintain on file a record stating the reasons the alcohol test was not promptly <br />administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours <br />following the determination of reasonable suspicion, the City will prepare and maintain on file a <br />record stating the reasons the alcohol test was not administered and will cease attempts to <br />conduct the alcohol test. <br />Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or <br />remain on duty requiring the performance of safety -sensitive functions while the driver is under <br />the influence of or impaired by alcohol, as shown by the behavioral, speech, and perfoiivance <br />indicators of alcohol use, nor will the City permit the driver to perform or continue to perform <br />safety -sensitive functions until (1) an alcohol test is administered and the driver's alcohol <br />concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the <br />determination of reasonable suspicion. <br />Return -To -Duty Testing <br />The City reserves the right to impose discipline against drivers who violate applicable FMCSA <br />or DOT rules or this policy, subject to applicable personnel policy and collective bargaining <br />agreements. Except as otherwise required by law, the City is not obligated to reinstate or <br />requalify such drivers for a first positive test result. <br />Should the City consider reinstatement of a DOT covered driver, the driver must undergo a <br />Substance Abuse Professional ("SAP") evaluation and participate in any prescribed <br />education/treatment, and successfully complete return -to -duty alcohol test with a result <br />indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a <br />verified negative result, before the driver returns to duty requiring the performance of a safety - <br />sensitive function. The SAP determines if the driver has completed the education/treatment as <br />prescribed. <br />The employee is responsible for paying for all costs associated with the return -to -duty test. The <br />controlled substance test will be conducted under direct observation. <br />Follow -Up Testing <br />The City reserves the right to impose discipline against drivers who violate applicable FMCSA <br />or DOT rules or this policy, subject to applicable personnel policies and collective bargaining <br />agreements. Except as otherwise required by law, the City is not obligated to reinstate or <br />requalify such drivers. <br />Should the City reinstate a driver following a determination by a Substance Abuse Professional <br />(SAP) that the driver is in need of assistance in resolving problems associated with alcohol use <br />and/or use of controlled substance, the City will ensure that the driver is subject to unannounced <br />102 <br />