[HISTORY: Adopted by the Borough Council of the Borough of East Greenville 5-5-1997
by Res. No. 6-97. Amendments noted where applicable.]
East Greenville Borough has a commitment to provide a safe and healthful
workplace for its employees and to ensure efficient production and services
to the taxpayers. We also recognize that in order to accomplish our mission,
we must implement programs that will enable us to achieve our objectives in
a cost effective manner while respecting the rights of our workers.
The objectives of this policy are:
A.
To establish effective means to detect and deal with
drug and alcohol abuse while respecting the rights of the workers. The rights
of workers include the right to privacy, as defined by applicable law, to
fair and evenhanded treatment and to whatever rights may exist by reason of
a contract, including a labor contract, governing employment.
B.
To comply with applicable state and federal law.
The testing program will cover at least the following substances present
in the body: alcohol, cocaine, phencyclidine (PCP), marijuana, opiates (including
heroin) and amphetamines.
The Department of Transportation (DOT) has established mandatory drug
and alcohol testing regulations that affect certain of the Borough of East
Greenville's drivers and driver-applicants. The Borough of East Greenville
is committed to complying with these federal regulations. Accordingly, the
following DOT requirements will apply to all employees with CDL's and
applicants for CDL positions:
A.
Preemployment testing. All applicants for positions requiring
a CDL will be tested for alcohol and drugs prior to commencing employment
with the Borough of East Greenville. A driver-applicant testing positive for
alcohol or drugs will not be considered for employment.
B.
Random testing. Each year, the Borough of East Greenville
will use a random process to select at least 50% of its CDL drivers, who will
be tested for the use of controlled substances. Additionally, at least 25%
of its CDL drivers will be randomly tested for alcohol use in the first year
of this policy. Drivers selected on a random basis for testing will be required
to supply a urine sample for the drug test. The alcohol test will be done
by a breathalyzer machine.
C.
Reasonable cause testing. Testing will be required by
the Borough of East Greenville upon reasonable cause. The conduct necessitating
testing, if at all feasible, shall have been witnessed by at least two supervisors.
However, if only one supervisor is available, only that supervisor need witness
the conduct. Each witness must have received training in the detection by
observing a person's behavior of probable drug and alcohol use.
D.
Mandatory post-accident testing.
(1)
Drivers will provide urine specimens for drug testing
as soon as possible after a commercial vehicle accident, but in no case later
than 32 hours after the accident. Drivers must be tested for alcohol as soon
as possible after a motor vehicle accident. A driver may not consume alcohol
until he has been tested.
(3)
If, as a consequence of an accident, a driver is seriously
injured and cannot provide a specimen at the time of the accident, he must
provide the necessary authorization for obtaining hospital records and other
documents that will indicate whether there were any controlled substances
or alcohol in his system at the time of the accident.
E.
Return-of-duty testing. If the Borough of East Greenville
offers a driver reemployment after the driver has been referred to an alcohol
and substance abuse professional and the driver has undergone all recommended
treatment, the driver will be tested for alcohol and drugs prior to returning
to duty.
F.
Follow-up testing. Any driver who has returned to duty
after a positive alcohol or drug test will be subject to unannounced follow-up
tests for a period up to 60 months. There will be at least 6 follow-up tests
for alcohol and 3 follow-up tests for drugs given during the first 12 months.
All follow-up tests will be paid for by the borough.
G.
Employee Assistance Program (EAP).
(1)
The Borough of East Greenville will establish an Employee
Assistance Program, which will include the following:
(a)
An educational and training component for drivers, addressing
alcohol and controlled substances.
(b)
An education and training component for supervisory personnel,
addressing alcohol and controlled substances.
(c)
A written statement on file and available for inspection,
outlining the Borough of East Greenville's EAP.
(2)
The EAP training program for all drivers and supervisory
personnel will consist of at least 60 minutes of training. The training program
will also include the following elements:
(a)
The effects and consequences of alcohol and/or controlled
substance use on personal health, safety and the work environment.
(b)
The manifestations and behavioral causes that may indicate
alcohol and/or controlled substance use or abuse.
(c)
Documentation of training given to drivers and supervisory
personnel.
H.
Notification of test results. The Borough of East Greenville
will notify its drivers and driver-applicants of the results of tests conducted
pursuant to the DOT regulation. Drivers who test positive will also be advised
specifically what drug or the amount of alcohol that was discovered.
I.
Recordkeeping.
(1)
All of the records relating to the administration and
results of the borough's alcohol and drug testing program for its drivers
will be maintained for a minimum period of five years, except that individual
negative test results will be maintained for a minimum of 12 months.
(2)
There shall be a Medical Review Officer who is a licensed
doctor of medicine or osteopathy with knowledge of drug abuse disorders and
who is employed by the Borough of East Greenville to review alcohol and drug
testing results in accordance with the DOT regulations. The Medical Review
Officer for each subsidiary and/or division shall be the sole custodian of
individual test results for that division. The Medical Review Officer shall
retain the reports of individual test results for a minimum of five years.
(3)
The Borough of East Greenville shall retain in the driver's
personnel medical file information indicating only the following:
(4)
The Borough of East Greenville will also maintain an
annual (calendar) year summary of the records related to the administration
and results of the testing program for its drivers under the DOT regulations.
J.
Access to test results and findings. No person may obtain
the individual test results retained by the Medical Review Officer, and no
Medical Review Officer shall release the individual test results of any employee
to any person, without first obtaining written authorization from the tested
individual, unless otherwise required by law.
A.
Employees shall not use, sell, possess or receive alcohol
and illegal drugs or distribute or sell prescription drugs while on duty.
Violation of these rules will subject the employee to discipline up to and
including termination, subject to any applicable provisions and procedures
of a collective bargaining agreement. "Illicit drugs" includes prescription
drugs for which the employee does not have a valid prescription.
B.
The Borough of East Greenville reserves the right, upon
reasonable suspicion, to ask for consent to search the vehicle or personal
property of any employee during working hours or while on the Borough of East
Greenville's property or designated workplace.
C.
Any employee refusing to consent to or cooperate with
a reasonable search or investigation will be relieved of duty and removed
from the workplace resulting in appropriate disciplinary action, up to and
including possible termination, for insubordination.
D.
Prescription drugs must be kept in their original container
identifying the drug, dosage, date of prescription and physician. Employees
are required to notify their supervisor if taking a prescription drug that
could impair their working ability or alertness.
E.
Third party or contractor employees while on the Borough
of East Greenville's property will also be subjected to this policy with
violations resulting in removal from the premises.
A.
The Borough of East Greenville reserves the right to
add to, change or modify this policy, in its sole discretion, and to terminate
any employee at any time, except as those rights are restricted by law or
by any applicable collective bargaining obligation or agreement. The Borough
of East Greenville accepts no liability in the event of an alleged breach
of any of the policies or procedures set forth in this policy.
B.
The Borough of East Greenville encourages every employee
and prospective employee voluntarily to comply with this policy not only for
his or her own safety, but for the safety of others. Because of its importance,
the Borough of East Greenville will take all necessary steps to ensure implementation
of and compliance with this policy.
This policy will be limited by any applicable federal or state law or
municipal ordinance, and by any applicable collective bargaining agreements.
Any portion of this policy which directly conflicts with such a collective
bargaining agreement will not be implemented for that bargaining unit, but
shall be severable and shall not affect the validity and enforcement of the
remainder of the policy.
A.
This policy and this document (or any accompanying document
executed or delivered pursuant to or in connection with the policy) are not
intended to confer any contractual or other rights or claims in favor of the
Borough of East Greenville's employees.
B.
Any failure to implement the policy or any part thereof
or any variation, addition or omission to the procedures set forth in the
policy shall not confer any contractual or other rights or claims in favor
of the employee not otherwise conferred by law. (Note: The employee remains
employed at will.)
Every applicant for a position with the Borough of East Greenville that
will require his maintenance of a commercial driver's license will be
required, as a condition of his employment, to execute a drug and alcohol
test consent which shall be in essentially the following form:
JOB APPLICANT/DRUG/ALCOHOL TEST CONSENT
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I, ________________________________, understand that the Borough of
East Greenville's policy on drug/alcohol abuse requires that all job
applicants or new employees for positions requiring a CDL will be tested,
and that management may request a test randomly and for cause for the presence
of alcohol/drugs in my body. I acknowledge that a confirmed positive test
may cause me to be not hired or to be removed from the payroll and subject
to discipline up to and including discharge or with a recommendation to attend
a drug/alcohol rehabilitation program. I fully understand that if I should
refuse to take the test, I will not be hired or could be suspended from my
job without pay or terminated for insubordination. I also understand that
the test results will be kept in confidence and handled by authorized management
personnel.
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I hereby consent () or refuse () to take the drug/alcohol test.
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I acknowledge that this document (or any accompanying document executed
or delivered pursuant to or in connection with the policy) is not intended
to confer any contractual or other rights or claims in my favor (and that
I remain employed at will).
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DATE ____________________________ SIGNED _____________________
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Applicant
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DATE ____________________________ SIGNED _____________________
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Witness
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