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Page 149 of 150 <br />substance use and will ensure the driver properly follows any rehabilitation program and submits <br />to unannounced follow-up alcohol and controlled substance testing. <br /> <br /> Follow-Up Testing <br />If the driver passes the return-to-duty test, he/she will be subject to unannounced <br />follow-up alcohol and/or controlled substance testing. The number and frequency for such follow- <br />up testing will be as directed by the SAP and will consist of at least six tests in the first twelve <br />months. These tests will be conducted under direct observation. <br /> <br /> Refusal to test <br />All drivers and applicants have the right to refuse to take a required alcohol and/or controlled <br />substance test. If an employee refuses to undergo testing, the employee will be considered to have <br />tested positive and may be subject to disciplinary action, up to and including termination. Refer to <br />Refusing to Test provided earlier in this policy. <br /> <br /> Responsibility for Cost of Evaluation and Rehabilitation <br />Drivers will be responsible for paying the cost of evaluation and rehabilitation (including services <br />provided by a Substance Abuse Professional) recommended or required by the City or FMCSA or <br />DOT rules, except to the extent that such expense is covered by an applicable employee benefit <br />plan or imposed on the City pursuant to a collective bargaining agreement. <br /> <br /> Reporting to the FMCSA’s CDL Drug and Alcohol Clearinghouse <br />In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial <br />Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting requirements beginning <br />January 6, 2020, the City will report the following information to the Clearinghouse within three <br />business days: <br /> A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or greater; <br /> A negative DOT return-to-duty test result; <br /> The driver’s refusal to submit to a DOT test for drug or alcohol use; <br /> Actual knowledge a driver has used alcohol or controlled substances, based on the <br />employer’s direct observation, information provided by the driver’s previous employer(s), a <br />traffic citation for driving a CMV while under the influence of alcohol or controlled <br />substances, or an employee’s admission of alcohol or controlled substance abuse except as <br />provided in § 382.121) of: <br />o On duty alcohol use pursuant to § 382.205; <br />o Pre-duty alcohol use pursuant to § 382.207; <br />o Alcohol use following an accident pursuant to § 382.209; <br />o Controlled substance use pursuant to § 382.213; <br /> Employers will also report negative return-to-duty (RTD) test results and the successful <br />completion of a driver’s follow-up testing plan as ordered by a SAP. <br /> <br />9. Loss of CDL License for Traffic Violations in Commercial and Personal Vehicles <br />Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license holders can <br />lose their CDL for certain traffic offenses in a commercial or personal vehicle. Employees are required <br />to notify their supervisor immediately if the status of their CDL license changes in anyway. <br /> <br />208