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<br /> ~ <br /> I <br /> I . 382. (d) TiminQ: ofRea~onable SU!lPicion Observations. Alcohol testing is authorized by <br /> . 307 federal law and this policy only if the observations required by paragraph (c ) <br /> . above are made during, just proceeding, or just after the period of the workday - <br /> that the driver is required to be in compliance with federal law and these rules. <br /> _.. The driver may be directed by the City to only under go reasonable suspicion <br /> I testing while the driver is performing safety sensitive functions, just before the <br /> driver is to perform safety sensitive functions or while the driver is in a state of <br /> readiness to perform safety sensitive functions. <br /> I (e) City's DruQ: and Alcohol Testin~ Policy. If the driver is not performing safety <br /> I sensitive functions and reasonable suspicion exists, drivers may be tested for <br /> drugs and alcohol under the City of Arden Hills Drug and Alcohol Testing policy. <br /> 382. (t) Prompt Administration of the Test. If an alcohol test required by federal law and <br /> I 307 this policy is not administered within two (2) hours following the determination of <br /> reasonable suspicion, the City shall prepare and maintain on file, a record stating <br /> I the reasons the alcohol test was not promptly administered. If an alcohol test <br /> required by federal law and this policy is not administered within eight (8) hours <br /> following the determination of reasonable suspicion, the City shall cease attempts <br /> I to administer an alcohol test and shall state in the record the reasons for not <br /> administering the test. <br /> .. 382. (g) Under the Influence Prohibitions. Notwithstanding the absence of a reasonable <br /> 307 suspicion alcohol test under this policy and federal law, no driver shall report for <br /> duty or remain on duty requiring the performance of safety sensitive functions <br /> I while the driver is under the influence of or impaired by alcohol, as shown by the <br /> behavioral, speech, and performance indicators of alcohol misuse, nor shall the <br /> City permit the driver to perform or continue to perform safety sensitive functions <br /> I until: <br /> (1) An alcohol test is administered and the driver's alcohol concentration <br /> I measures less than 0.02; or <br /> . (2) Twenty-four (24) hours have elapsed following the determination under <br /> paragraph (t) of this section that there is reasonable suspicion to believe <br /> that the driver has violated the prohibitions of this policy and federal law <br /> I concerning the use of alcohol. <br /> 382. (h) Driver's Behavior and Annearance Absent Test Except as provided in (g)(2) of <br /> I 307 this section, the City shall not take any action under this part against a driver <br /> based solely on the driver's behavior and appearance with respect to alcohol use, <br /> in the absence of an alcohol test. This does not prohibit the City with independent <br /> I authority of federal law from taking action otherwise consistent with law. <br /> .- 13 <br /> I <br />