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3 5 6 Taxicab Ddver Drug & Alcohol Testing ~ OCTAP Regulations & Requirements <br /> <br />Types of Tests (cont.) <br /> <br />d) In cases of controlled substance use suspicion, observation and test may be done at <br />any time of the day while a driver is an active employee. In cases of alcohol misuse <br />suspicion, observation and BAC test must occur just before, during, or just after a driver's <br />work shift. <br /> <br />e) Employer may not take permanent action against an employee for reasonable <br />suspicion of controlled substance use or alcohol misuse unless tests for such substances <br />are administered and results are positive. <br /> <br />Return-to-Duty Testing: Before a driver reapplies for an OCTAP permit and returns to duty after <br />previously testing positive for controlled substance use or BAC greater than the applicable <br />maximum threshold, each employer shall ensure that the driver has completed a substance use <br />and/or alcohol abuse rehabilitation program under the direction of a SAP. Before a new OCTAP <br />permit is issued, driver must complete return-to-duty tests with results indicating a verified <br />negative result for controlled substance use and a BAC of less than 0.02% for alcohol. <br /> <br />a)Before applying for a new OCTAP permit, a driver must wait a period of two years from the <br /> date of revocation of his or her original OCTAP permit after having tested positive previously <br /> for controlled substance use and/or alcohol misuse. <br /> <br />Follow-Up Testing: If a driver is re-issued an OCTAP permit after having testing positive <br />previously for drugs and/or alcohol, then returns to duty pursuant to return-to-duty testing <br />guidelines, each employer shall ensure that the driver is subject to unannounced follow-up <br />controlled substance and/or alcohol testing as directed by a SAP. <br /> <br />a)Follow-up tests shall consist of at least six tests in the first 12 months following the driver's <br />return-to-duty and may continue for up to five years thereafter. <br /> <br /> Test Funding / Compliance Responsibilities <br /> <br />· Self-employed independent drivers shall be responsible for compliance with, and shall pay all <br /> costs of, this program with regard to themselves. <br /> <br />· Employers of taxicab drivers shall be responsible for compliance with, and shall pay all costs of, <br /> this program with respect to their employed drivers and applicant drivers. <br /> <br />· Employers may require drivers who test positive for controlled substance use and/or alcohol <br /> misuse to pay the costs of rehabilitation, return-to-duty testing and follow-up testing. <br /> <br />I:\planning\amyw\taxidrug.doc <br /> <br /> <br />