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even after being tested. For example, it is possible for some covered employees to be tested several times in one year and other covered employees not to be tested for several years. 2.2.5 Return to Duty (382.309) A covered employee who has engaged in an activity that violates this policy resulting in the inability to perform a safety sensitive function for a 24 hour period may, in certain cases, be permitted to continue his/her employment. In these cases, prior to being permitted to perform safety sensitive functions covered by DOT regulations, the employee will be referred to the Employee Assistance Program (EAP) for initial consultation and every effort made to schedule the EAP appointment within a 24 hour period. If this is not possible, then the appointment will be scheduled on the employees' next regular work day. If the 24 hour period has not elapsed prior to the employee returning to work, they will be assigned other duties outside of their regular classification for the remainder of the 24 hour period. Following a decision by the City to return the employee to work, the employee must pass a return to duty drug test and/or submit to a breath alcohol test with a result showing an alcohol concentration level of less than 0.02. Cancelled and invalid tests will require a submission of a second sample for drug testing. DOT regulation 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, requires that all Return-to Duty tests be collected under direct observation. Failure of the employee to permit any part of the direct observation procedures is considered a refusal to test. A covered employee who refuses to submit to a drug or alcohol test will be in violation of this policy and may be subject to discipline, up to and including discharge. 2.2.6 Follow -um (382.311) A covered employee who has been permitted to return to duty will be subject to unannounced follow -up drug and/or alcohol testing. The frequency and duration of the follow -up testing will be recommended by the SAP and will follow FMCSA regulations. At a minimum, FMCSA regulations require at least six (6) unannounced follow -up tests during the first twelve (12) months an employee is performing safety - sensitive functions. Follow -up testing is separate from, and in addition to, any random tests the employee may be selected for. DOT regulation 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, requires that all follow -up tests be collected under direct observation. Failure of the employee to permit any part of the direct observation procedures is considered a refusal to test. A covered employee who refuses to submit to a drug or alcohol test will be in violation of this policy and may be subject to discipline, up to and including discharge. City of Eugene Page 2 -5 DOT/FMCSA Drug & Alcohol Policy September 2010 Information Packet