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a Follow-Up <br />Any employee determined by a substance abuse professional to be in need <br />of assistance in resolving problems associated with alcohol misuse and/or the <br />use of controlled substances will be subject to additional, unannounced <br />follow-up testing for alcohol and/or controlled substances as directed by the <br />SAP. However, any recommended follow-up testing for alcoholwill only be <br />required just before, during or just after the driver has performed a safety- <br />sensitive function. <br />lmplied Gonsent <br />Any person who holds a CDL shall be deemed to have consented to such testing as <br />is required of him/her by any State or jurisdiction in the enforcement of ,383.51 (b) <br />(2) (i) and '392.5 (a) (2) Consent is implied by driving a commercial motor vehicle. <br />Refusal To Submit <br />Any driver who refuses to submit to any drug or alcohol test required by this Policy <br />will be immediately removed from service and prohibited from performing or <br />continuing to perform a safety-sensitive function. Employees will also be subject to <br />any disciplinary action outlined in this Policy. For purposes of this Policy, "refusal to <br />submit" to an alcohol or controlled substances test will include: <br />Failing to provide adequate breath for alcohol testing, without a valid medical <br />explanation after a driver has received notice of a required breath test; <br />Failing to provide an adequate urine sample for controlled substances testing, <br />without a genuine inability to provide a specimen (as determined by a medical <br />evaluation), after a driver has received notice of a required urine test; <br />Engaging in conduct that clearly obstructs the testing process, including the <br />failure or refusal to sign any document or form required under this Policy or <br />by any party authorized to carry out testing under this Policy; and <br />. Engaging in any conduct that creates reason to believe that a urine specimen <br />has been altered, substituted or adulterated for the purpose of affecting the <br />validity or accuracy of a controlled substance test result. <br />A driver may not refuse to submit to the following alcohol or controlled substance <br />tests: post-accident; random; reasonable suspicion; and follow-up. lf any of these <br />tests are refused, the driver will not be allowed to perform or continue to perform <br />safety-sensitive fu nctions. <br />a <br />a <br />a <br />2B