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Page 148 of 150 <br />8. Consequences for Drivers Engaging in Prohibited Conduct <br />Job Applicants <br />Any applicable conditional offer of employment will be withdrawn from a job applicant or employee <br />seeking a transfer who refuses to be tested or tests positive for controlled substance pursuant to this <br />policy. <br /> <br />Employees <br />Drivers who are known to have engaged in prohibited behavior with regard to alcohol misuse or use of <br />controlled substance, as defined earlier in this policy, are subject to the following consequences: <br /> Removal from Safety-Sensitive Functions <br />No driver may perform safety-sensitive functions, including driving a commercial motor vehicle, <br />if the driver has engaged in conduct prohibited by federal law. <br /> <br />No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may <br />perform or continue to perform safety-sensitive functions for the City, including driving a commercial <br />motor vehicle, until the start of the driver’s next regularly scheduled duty, but not less than twenty-four <br />(24) hours following administration of the test. <br /> <br />If a driver tests positive under this policy or is found to have an alcohol concentration of .02 or greater <br />but less than .04, the driver will be removed from safety sensitive duties and escorted home; the driver <br />should not drive home but be escorted to his or her home. The driver will then be placed on vacation, <br />compensatory time or sick leave, for hours missed from work. <br /> <br /> Notification of Resources Available <br />The City will advise each driver who has engaged in conduct prohibited by federal law or who has <br />a positive alcohol or controlled substance test of the resources available to the driver including the <br />City’s EAP, in evaluating and resolving problems associated with the misuse of alcohol and use of <br />a controlled substance, including the names, addresses, and telephone numbers of Substance <br />Abuse Professionals and counseling and treatment programs. <br /> <br /> Discipline <br />The City reserves the right to impose whatever discipline the City deems appropriate in its sole <br />discretion, up to and including termination for a first occurrence, against drivers who violate <br />applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and <br />collective bargaining agreements. Except as otherwise required by law, the City is not obligated to <br />reinstate or requalify such drivers following a first positive confirmed controlled substance or <br />alcohol test result. <br /> <br /> Evaluation, and Return to Duty Testing <br />Should the City wish to consider reinstatement of a driver who engaged in conduct prohibited by <br />federal law and/or who had a positive alcohol or controlled substance test, the driver must undergo <br />a SAP evaluation, participate in any prescribed education/treatment, and successfully complete <br />return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or <br />or a controlled substance test with a verified negative result, before the driver returns to duty <br />requiring the performance of a safety-sensitive function. The SAP will determine what assistance, <br />if any, the driver needs in resolving problems associated with alcohol misuse and controlled <br />207