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Agenda - Council Work Session - 11/25/2025
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Agenda - Council Work Session - 11/25/2025
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Meetings
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Council Work Session
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11/25/2025
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training to interpret and evaluate an individual's confirmed positive test result together with his <br />or her medical history and any other relevant biomedical information. 49 C.F.R. § 40.3 <br />Performing (a Safety -Sensitive Function): Means any period in which a driver is actually <br />performing, ready to perform, or immediately available to perform any safety -sensitive <br />functions. 49 C.F.R. § 382.107. <br />Positive Test Result: Means a finding of the presence of alcohol or controlled substance, or their <br />metabolites, in the sample tested in levels at or above the threshold detection levels established <br />by applicable law. <br />Reasonable Suspicion: Means a belief a driver has engaged in conduct prohibited by the <br />FMCSA controlled substance and alcohol testing regulations, except when related solely to the <br />possession of alcohol, based on specific contemporaneous, articulable observations made by a <br />supervisor or City official who has received appropriate training concerning the appearance, <br />behavior, speech or body odors of the driver. The determination of reasonable suspicion will be <br />made in writing on a Reasonable Suspicion Record Foiiu during, just preceding, or just after the <br />period of the work day that the driver is required to be in compliance with this policy. In the case <br />of a controlled substance, the observations may include indications of the chronic and <br />withdrawal effects of a controlled substance. <br />Safety -Sensitive Function: Means all time from the time a driver begins to work or is required <br />to be in readiness to work until the time he or she is relieved from work and all responsibility for <br />performing work. Safety -sensitive functions include: <br />• All time at a City plant, terminal, facility, or other property, or on any public property, <br />• waiting to be dispatched, unless the driver has been relieved from duty by the employer; <br />• All time inspecting equipment as required by 49 C.F.R. § 392.7 and 392.8 or otherwise <br />inspecting, servicing, or conditioning any commercial motor vehicle at any time; <br />• All time spent at the driving controls of a commercial motor vehicle in operation; <br />• All time, other than driving time, in or upon any commercial motor vehicle except time <br />spent resting in a sleeper berth (a berth conforming to the requirements of 49 C.F.R. § <br />393.76); <br />• All time loading or unloading a vehicle, supervising, or assisting in the loading or <br />unloading, attending a vehicle being loaded or unloaded, remaining in readiness to <br />operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; <br />and <br />• All time repairing, obtaining assistance, or remaining in attendance upon a disabled <br />vehicle. 49 C.F.R. § 382.107. <br />Screening Test (also known as Initial Test): In alcohol testing, mean an analytical procedure to <br />determine whether a driver may have a prohibited concentration of alcohol in his or her system. <br />Screening tests may be conducted by utilizing a non -evidential screening device included by the <br />National Highway Traffic Administration on its conforming products list (e.g., a saliva screening <br />device) or an evidential breath testing device ("EBT") operated by a trained breath alcohol <br />113 <br />
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