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<br /> . I <br /> but not limited to, a conviction of any criminal drug statute for a violation .. <br /> occurring in the workplace. . <br /> - <br /> 10. PENALTIES <br /> 582. Criminal penalties shall be prescribed by 49 U.S.C. Sec. 521 (b)(2), which I <br /> 507 provides that an employee who knowingly and willfully violates the Omnibus <br /> Transportation Employee Testing Act while operating a commercial motor . <br /> vehicle by activities that have led or could have led to death or serious injury is <br /> subject to the statutory criminal sanctions. <br /> 11. REFERRAL, EV ALUA TION, AND TREATMENT I <br /> 382. (a) Resource Advisory. Each driver who engages in conduct prohibited by federal law <br /> 605 and this policy shall be advised by the City of the resources available to the driver I <br /> in evaluating and resolving problems associated with the misuse of alcohol and <br /> use of controlled substances, including the names, addresses, and telephone <br /> numbers of substance abuse professionals and counseling and treatment programs. . <br /> 382. (b) Evaluation hv a Substance Abuse Professional. Each driver who engages in <br /> 605 conduct prohibited by federal law and this policy shall be evaluated by a . <br /> Substance Abuse Professional who shall determine what assistance, ifany, the <br /> driver needs in resolving problems associated with alcohol misuse and controlled -. <br /> substance use. <br /> 382.605 (c ) <br /> (c )(1) Return to Duty Testing and Assistance. I <br /> (1) Before a driver returns to duty requiring the performance of a safety sensitive <br /> function after engaging in conduct prohibited by a federal law or this policy, the I <br /> driver shall undergo a Return- To-Duty alcohol test with the result indicating an <br /> alcohol concentration ofless than 0.02 if the conduct involved alcohol, or a <br /> controlled substance test with a verified negative result if the conduct involved a . <br /> controlled substance. <br /> 382.605 -- <br /> . <br /> (c )(2)(I-ii) <br /> (2) In addition, each driver identified as needing assistance in resolving problems <br /> associated with alcohol misuse or controlled substance use: I <br /> (A.) Shall be evaluated by a Substance Abuse. Professional to determine that <br /> the driver has properly followed any rehabilitation program prescribed I <br /> under federal law and these rules; and <br /> (B.) Shall be subject to unannounced Follow-Up alcohol and controlled . <br /> substance testing administered by the City following the driver's return to <br /> -. <br /> 19 <br /> I <br />