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a failure of the drug test. A refusal -to -test is considered a failure of the drug test. An applicant who has failed a pre - employment drug test will be referred to a SAP, (Substance Abuse Professional), but is not eligible for evaluation by the City's Employee Assistance Program. Unless otherwise provided by law, an applicant who has failed a pre - employment drug test for the City of Eugene, or any drug and/or alcohol test for any other DOT - regulated employer will be ineligible to submit another application for employment with the City of Eugene, unless the applicant documents that he /she: • Has been evaluated by an acceptable SAP; • Successfully completed the education and/or treatment plan recommended by the SAP; • Has been reevaluated by the SAP; and • The SAP has determined the applicant is able to perform safety- sensitive functions in compliance with DOT and FMCSA regulations. A cancelled, invalid, or negative- dilute pre - employment test will result in the City of Eugene requiring the submission of a second pre - employment test. A negative- dilute result is unsatisfactory on a pre - employment test and a second negative- dilute will result in disqualification from consideration for employment, promotion or job transfer into a safety - sensitive DOT - regulated position with the City for a period of 12 months. The inability of an applicant, for employment in a position listed as a safety - sensitive function in Part 6, to provide an adequate specimen for a pre- employment drug test will be considered a failure of the test. The applicant will be eligible for a referral by the City's Medical Review Officer (MRO) for a medical evaluation to determine if the inability to provide a specimen is for a valid medical reason. 2.2.2 Reasonable Suspicion (382.307) Covered employees will be required to submit to urine testing for drugs and/or alcohol breath testing when there is a reasonable suspicion that the covered employee is under the influence of a prohibited drug or has used alcohol in violation of City policy. The authorization to administer a reasonable suspicion test will be made by a supervisor trained to identify the signs and symptoms of drug use and alcohol misuse. The authorization will be based on the supervisor's specific observations regarding the appearance, behavior, speech, or body odor of the covered employee. Alcohol testing is authorized only if the observations are made during, just preceding, or just after the period of the workday the covered employee is required to be performing safety sensitive functions. AFSCME employees shall have the right to a union representative up to and including the time the sample is given; however this provision shall not unreasonably delay testing. City of Eugene Page 2 -2 DOT/FMCSA Drug & Alcohol Policy - September 2010 Information Packet