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Page 144 of 150 <br />In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled <br />substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance or <br />alcohol testing will be considered a positive test result, will cause disqualification from performing <br />safety-sensitive functions, and may appear on the driver’s permanent record. Drivers who refuse to <br />submit to testing will be subject to discipline, up to an including termination. <br /> <br />In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial Driver’s <br />License (CDL) Drug and Alcohol Clearinghouse reporting requirements, beginning January 6, 2020, <br />the City will report a driver’s refusal to submit to a DOT test for drug or alcohol use to the <br />Clearinghouse within three business days. If an applicant refuses to submit to pre-employment <br />controlled substance testing, any applicable conditional offer will be withdrawn. <br /> <br />For purposes of this section, a driver is considered to have refused to submit to an alcohol or controlled <br />substance test when the driver: <br /> Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or <br />she has received notice of the requirement for breath testing. <br /> Fails to provide adequate urine for controlled substance testing without a genuine inability to <br />provide a specimen (as determined by a medical evaluation), after he or she has received notice of <br />the requirement for urine testing. <br /> Fails to report for testing within a reasonable period of time, as determined by the City. <br /> Fails to remain at a testing site until testing is complete. <br /> In the case of directly observed or monitored collection, fails to permit observation or monitoring. <br /> Fails or declines to take a second test as required by the City and/or collector. <br /> Fails to undergo a medical examination as directed by the City pursuant to federal law. <br /> Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample, to <br />provide an adequate amount of breath, or otherwise cooperate in any way that prevents the <br />completion of the testing process. <br /> Engages in conduct that clearly obstructs the test process. <br /> <br />Altering or attempting to alter a urine sample or breath test <br />A driver altering or attempting to alter a urine sample or controlled substance test, or substituting or <br />attempting to substitute a urine sample, will be subject to providing a specimen under direct <br />observation. Both specimens will be subject to laboratory testing. In such case, the employee may be <br />subject to immediate termination of employment and any job offer made to an applicant will be <br />immediately withdrawn. <br /> <br />Controlled Substance Use <br />No driver may report for duty or remain on duty requiring the performance of safety-sensitive functions <br />when the driver uses any controlled substance, except when the use is pursuant to the instructions of a <br />licensed medical practitioner who has advised the driver in writing the substance does not adversely <br />affect the driver’s ability to safely operate a commercial motor vehicle. Drivers must forward this <br />information regarding therapeutic controlled substance use to the City immediately after receiving any <br />such advice. <br /> <br />Having a medical marijuana card and/or a cannabis prescription from a physician does not allow <br />anyone to use or possess that drug in the City’s workplace. The federal government still classifies <br />203