[Added 5-18-2016 by Ord.
No. 16-05-1484]
The purpose of this program is to comply with federal and state
statutes which require drug and alcohol testing for commercial driver's
licensed employees.
This policy is intended to comply with all applicable federal
and state statutes which relate to regulations relating to commercial
driver's licensed employees, including but not limited to the following:
A.
In an effort to insure that the Borough of Cresskill complies with
Department of Transportation Regulations, a drug and alcohol testing
program will be in effect for all commercial driver's license holders,
or those employees driving Borough vehicles, hereinafter referred
to as "employees." This program will provide for pre-employment, random,
post-accident, reasonable suspicion, return to duty, and follow-up
testing. The Borough has retained an independent contractor (hereinafter
referred to as the "agent") to manage and administer the testing program.
B.
Any employee possessing a commercial driver's license or any employee
driving a Borough vehicle reporting for work visibly impaired is unable
to properly perform required duties and will not be allowed to work.
If possible, the supervisor will first seek another supervisor's opinion
of the employee's status. The supervisor will subsequently consult
privately with the employee about the observation. If, in the opinion
of the supervisor, the employee is considered impaired, the employee
will be required to be tested for alcohol and illicit substances,
depending on the supervisory determination of the observed impairment.
(Under no circumstances will an impaired employee be allowed to drive.)
C.
Prescription drugs prescribed by the employee's physician may be
taken during working hours. The employee should notify the supervisor
of the use of any properly prescribed prescription drugs which may
adversely affect the employee's work performance. The abuse of prescription
drugs will not be tolerated.
The Department of Transportation rules require drug and alcohol
testing for employees possessing commercial driver's licenses. Required
drug and alcohol testing is done by two separate and distinct methods.
Drug testing is done by urinalysis and alcohol testing is done by
breath testing. Below you will find explanations of how this testing
will be performed.
A.
Drug testing.
(1)
All drug testing required by The Borough of Cresskill will be performed
in accordance with Department of Transportation guidelines. This testing
process will look for the presence of the following substances: amphetamines,
cocaine, opiates, marijuana, and phencyclidine. Under no circumstances
will any other tests be performed on any specimen provided under Department
of Transportation guidelines by a Borough employee.
(2)
Drug testing shall be by urinalysis using split samples. Split sample
testing requires the specimen be divided into two separate bottles
during the collection process. These two bottles are designated as
1) the primary specimen which shall contain no less than 30 milliliters
of urine and 2) the "split" specimen which shall contain no less than
15 milliliters of urine. Upon arrival at the laboratory the primary
specimen will be opened and tested. In the first screening test, immunoassay
techniques are used to screen urine specimens for classes of drugs.
In the second or confirmation test, any positive results found in
the first screening will be confirmed using the tandem technique of
gas chromatography/mass spectrometry (GC/MS) which positively identifies
and quantifies the presence of specific drugs. No test result will
be reported by the laboratory to the Medical Review Officer (MRO)
as a positive drug test result unless both the initial screening test
and the confirmation test are positive.
(3)
The laboratory shall report the test results to the Medical Review
Officer (MRO) who shall evaluate the chain of custody, urine custody
form, and test results. If a test is reported positive by the laboratory,
the MRO will interview the employee to make an independent evaluation
of whether the test should be reported as negative or positive. The
MRO will report the results of a drug test to the Borough's designee.
(4)
Should an interview with the employee be necessary, the MRO will
make two attempts on consecutive business days to call the employee.
Should be MRO fail to make contact, he/she shall contact the Borough's
designated representative to request that the employee contact the
MRO.
(5)
The Borough's designated representative shall inform the employee
of the MRO's request in a confidential manner. Failure to respond
within five days will be noted by the MRO when positive test results
are reported. If the MRO and the Borough's designated representative
are unable to contact the employee, the employee may be placed on
unpaid medical leave pending dismissal. It is the employee's responsibility
to provide a phone number at which he/she can be contacted on the
chain of custody form.
B.
Alcohol testing.
(1)
The Department of Transportation rules require breath testing for
alcohol. This testing must be done using an evidential breath testing
device (EBT) approved by the National Highway Traffic Safety Administration
(NHTSA). This testing can only be performed by a breath alcohol technician
(BAT) that is certified in the equipment being used.
(2)
Two breath tests are required to determine if a person has a prohibited
alcohol concentration. A screening test is conducted first. Any result
less than 0.02 alcohol concentration is considered a "negative" test
and no further testing is required. If the initial screening shows
an alcohol concentration of 0.02 or greater, a second or confirmation
test is required. The confirmation test must be performed 15 to 20
minutes after the initial screening. During that time period the employee
being tested is to remain with the BAT and must refrain from eating,
drinking, smoking, or belching. After the waiting period a second
breath test will be performed. The results of the second test stand
and become the official test result.
(3)
If the confirmation test result shows an alcohol concentration of
0.02 or less, the official test result is negative and no action is
required. If the result of the confirmation test is 0.02 or greater,
action by the employer is required.
(4)
Employer response to breath testing results that show an alcohol
concentration of 0.02 or greater are as follows:
(a)
If the tested employee's alcohol concentration is between 0.02
and 0.039 the regulations call for the removal of the driver from
driving for at least 24 hours and passing of a return-to-duty test
before returning to work.
(b)
If the tested employee's alcohol concentration is 0.04 or higher
he/she must immediately be removed from any safety-sensitive duties
and be subject to disciplinary action up to and including termination.
At a minimum the employee must remain suspended until he/she:
[1]
Has been evaluated by a substance abuse professional (DOT regulations
have specific guidelines for anyone who qualifies as a substance abuse
professional);
[2]
Has complied with any recommended treatment; and
[3]
Has taken and passed a return-to-duty alcohol test (result must
be less than 0.02).
(6)
Applicants and employees are expected to report for alcohol and drug
testing as required by this policy and in accordance with Borough
testing procedures. Employees are to report for work with no alcohol
or illegal drugs in their bodies. Any refusal to submit to alcohol
breath testing or urinalysis drug testing as directed by supervisory
personnel will be considered a refusal-to-test and will require the
same disciplinary action as a positive result.
A.
All prospective employees applying for positions that require a CDL
will be required to undergo a pre-employment test for the presence
of illicit drugs. Receipt by the Borough of negative test results
is required prior to engaging in any safety sensitive function or
an offer of employment. A positive test result will disqualify an
applicant from further consideration at that time.
B.
Failure to keep an appointment with the agent, which was previously
agreed to by both the prospective employee and the agent, will be
viewed as an attempt to elude the testing or alter its results. No
further consideration for employment will be given the prospective
employee at that time.
A.
All employees covered by service contracts which require random testing
and all employees who must have CDLs to perform their duties for the
Borough will be subject to random, unannounced alcohol and drug testing.
Selection criteria, number of tests, and test frequency will be determined
by the language of FHWA regulations and will be communicated to employees
by Borough management or agent.
B.
Upon notification of selection, the employee will report to the designated
collection center immediately. If the designated collection center
is off—site, the employee will be transported by the Superintendent
of Public Works or his designee. Failure to report will be viewed
as an attempt to elude the test or alter its results and could result
in disciplinary action up to and including termination.
A.
All employees are subject to a fitness-for-duty evaluation, to include
urine and breath testing, when there is reason to believe that alcohol
or drug use is or will adversely affect job performance. A reasonable
cause referral for testing will be made on the basis of documented,
objective facts and circumstances which are consistent with the long-
and short-term effects of substance abuse.
B.
Examples of reasonable suspicion include, but are not limited to,
the following:
(1)
Adequate documentation of unsatisfactory work performance or on-the-job
behavior.
(2)
Physical signs and symptoms consistent with substance abuse.
(3)
Evidence of the manufacture, distribution, dispensing, possession,
or use of controlled substances, alcohol, or drugs.
(4)
Fights, assaults, or flagrant disregard or violations of established
safety, security, or operating procedures.
C.
Reasonable cause testing determination will be made by a supervisor
or Borough official who is trained to detect the signs and symptoms
of drug and alcohol use and who can reasonably conclude that an employee
may be adversely affected or impaired in his/her work performance
due to substance abuse. If another supervisor or Borough official
is immediately available, he/she will verify that there is reasonable
cause before the employee is transported to the agent's facility.
At no time will this determination be made on the basis of third-party
reports without verification.
D.
Note: Employees are cautioned that various over-the-counter and prescribed
medications can adversely affect ability to operate vehicles and other
equipment. It is the employee's responsibility to report to work each
day fit for his or her duties.
E.
Employees who are deemed to require a fitness-for-duty evaluation
based on reasonable cause will be sent to the health facility of the
Borough's choice. The attending physician will make every attempt
to determine the cause of the observed behavior, including authorizing,
when his/her medical opinion dictates, an additional alcohol or drug
test which is more comprehensive than that required by FHWA, state
or contractual requirements. Employees will be placed on an unpaid
medical leave of absence until the results of the examination are
received by the Borough. Receipt of a negative drug test result and/or
doctor's statement that the employee was and is fit for duty is required
prior to continued employment. Employees who are returned to duty
by this means will be reinstated without prejudice.
F.
Employees who are medically determined to be temporarily unfit to
perform their duties, but who test negatively for alcohol or drugs,
will be returned to duty when they obtain the original examining doctor's
written statement that they are fit for duty.
This section applies only to those who test positive for random
or reasonable cause.
A.
Alcohol testing positives (0.02 to 0.039).
(1)
Employees who test positive during alcohol breath testing (first
offense) in the range of 0.02 to 0.039 will be suspended from work
for a minimum of 24 hours and be required to pass a return-to-duty
breath alcohol test before returning to work. In addition, the employee
will be subject to disciplinary action. (All return-to-duty testing
is done at the employee's expense.)
(2)
Employees who test positive during alcohol breath testing (first
offense) in the range of 0.04 or higher will be suspended from work
and subject to disciplinary action up to and including termination.
At a minimum the employee must remain suspended until:
(a)
The employee is evaluated by a substance abuse professional.
This professional must meet the criteria outlined in the DOT's Alcohol
and Drug Rules for Substance Abuse Professionals.
(b)
The employee complies with and completes all recommendations
made by the substance abuse professional and is able to document same.
(c)
The employee submits to a return-to-duty drug test and proof
of a negative test result must be received by the Borough. (All return-to-duty
testing is done at the employee's expense.)
(3)
The employee will then be subject to follow-up testing for up to
60 months. A minimum of six follow-up tests must be performed within
the first 12 months. (All follow-up testing is done at the employee's
expense.)
(4)
Employees who test positive during alcohol breath testing (second
offense) in the range of 0.04 or higher will be terminated.
B.
Drug testing positives.
(1)
Employees who test positive during drug testing (first offense) will
be suspended from work a minimum of 25 days, and subject to disciplinary
action up to and including termination. The employee shall remain
suspended until:
(a)
The employee is evaluated by a substance abuse professional.
This professional must meet the criteria outlined in the DOT's Alcohol
and Drug Rules for Substance Abuse Professionals.
(b)
The employee complies with and completes all recommendations
made by the substance abuse professional and is able to document same.
(c)
The employee submits to a return-to-duty drug test, and proof
of a negative test result must be received by the Borough. (All return-to-duty
testing is done at the employee's expense.)
(2)
The employee will then be subject to follow-up testing for up to
60 months. A minimum of six follow-up tests must be performed within
the first 12 months. (All follow-up testing is done at the employee's
expense.)
(3)
Employees who test positive during drug testing (second offense)
will be terminated.
A.
Any employee involved in an accident will be required to submit to
a post-accident alcohol and drug test if instructed to do so by a
police officer, a supervisor of the Borough of Cresskill, or if:
(1)
The driver's performance either contributed to an accident or cannot
be discounted as a contributing factor to the accident.
(2)
The driver involved in an accident receives a citation for a moving
violation.
(3)
There is a fatality as a result of an accident.
(4)
The accident meets the Department of Transportation criteria for
an accident that requires such testing.
B.
When a post-accident test is indicated, the Borough will make every
effort to have said test performed within two hours of notification
of the accident. At no time will a period of more than eight hours
transpire between notification and testing. Documentation of the entire
post-accident procedure should be made by all personnel involved in
the notification and testing process.
C.
Receipt by the Borough of a negative alcohol and drug test result
is required prior to return to duty. A positive test result will disqualify
an employee from further employment or reinstatement at that time
or any time in the future. Refusal to comply with the testing process
will be considered insubordination and will carry the same disciplinary
action as a positive test result.
(All return-to-duty testing is done at the employee's expense.)
When the employee is cleared to return to work after a positive random
or reasonable suspicion test, he/she will be required to pass an alcohol
and drug test. Upon receipt of a negative finding, the Borough will
review the employee's employment and will then determine whether or
not the employee will be allowed to return to work. If an employee
is allowed to return to work, he/she will be subject to follow-up
testing, as determined by the Borough.
A.
(All follow-up testing is done at the employee's expense.) Any employee
returning to work with the Borough after being suspended for a positive
alcohol or drug test or returning to work after a leave of absence
for voluntary substance abuse treatment will be subject to random
follow-up testing. The employee will be tested at least six times
in the first 12 months after returning to duty, and may be subject
to follow-up testing for up to 60 months.
B.
Any employee who tests positive for drugs or alcohol during the follow-up
testing process will be terminated.
C.
Any employees in a follow-up program at the time of adoption of this
policy will be covered by the policy of 1996 and not responsible for
the cost of follow-up testing.
The results of any drug test will be reported and recorded in
a confidential manner. Allowable communication of medical or test
results will follow guidelines established in 49 CFR Part 40. The
results will not be reported to any additional parties without the
employee's written authorization, except as outlined in 49 CFR Part
40. A copy of the individual's test results will be available upon
request.
A.
The Borough, through its agent, will take steps in its arrangements
for testing to ensure that the laboratory is certified by SAMHSA and
meets the requirements of the U.S. Department of Transportation (DOT).
B.
The chain of custody for any urine sample shall be maintained at
all times. If the chain of custody is broken, after the tamperproof
seal is applied, the employee shall be retested at the Borough's expense.
C.
Any employee who receives a positive test result will have the right
to ask the Borough's Medical Review Officer (MRO) to retest the sample
at a NIDA certified laboratory of the employee's choice at the employee's
expense.
D.
The Borough, through its agent, will make every effort to ensure
that the equipment being used for alcohol breath testing meets all
the requirements of the Department of Transportation and that all
testing will be performed by a qualified breath alcohol technician.
A.
Any employee engaging in the manufacture, distribution, dispensing,
possession or use of prohibited substances on Borough premises, in
Borough vehicles or while on Borough business will be immediately
discharged. Any manufacture, distribution, dispensing, possession,
or use of prohibited substances by any employee in any manner which
affects the employee's job performance, or which may cause the public
or a government or corporate body to lose confidence in the Borough's
ability to perform its responsibilities, will result in disciplinary
action up to and including termination. Law enforcement officials
could be notified, as appropriate, where criminal activity is suspected.
Any employee convicted of violating a criminal drug statute will notify
the designated Borough representative within five days of such conviction.
B.
Any employee who refuses to comply with a request for drug testing
shall be considered as having produced a positive test result and
will be discharged. Any employee who provides false information in
connection with a test, or who attempts to falsify test results through
tampering, contamination, adulteration, or substitution, shall be
terminated for insubordination. In the event that the laboratory detects
any substance which has been added to the sample to interfere with
the normal testing process will be considered a "refusal to test"
and the same sanctions will apply.
C.
The Borough reserves the right to inspect, investigate, and search
for controlled substances at any time, with or without prior notice,
on or in any and all Borough premises and vehicles. Refusal to cooperate
with any inspection, investigation, or search that is authorized by
a Borough representative shall result in termination for insubordination.
A.
The Borough strongly encourages an employee with a drug/alcohol abuse
problem to voluntarily step forward to tell the Borough.
B.
The Borough will assist in referring the employee to community assistance
programs. An unpaid leave of absence will be granted for a reasonable
period for treatment. The Borough will make every effort to hold the
employee's position during the rehabilitation process, though this
cannot be guaranteed.
C.
It is crucial to note that the accommodations in this section apply
only when an employee voluntarily comes forward. If a substance abuse
problem is disclosed to the Borough only after there has been 1) a
positive drug test, 2) a violation of a Borough rule or standard,
3) a violation of law, or 4) a violation of this policy, the same
conditions outlined in the return-to-duty section of this policy shall
apply. If an employee fails to remain drug-free after the first voluntary
rehabilitation, he/she could be terminated.
A.
In an effort to educate employees in the dangers of drug use and
the Borough's commitment to keeping drugs out of the workplace, each
employee will receive information covering the dangers of substance
abuse, the Borough's commitment to an alcohol- and drug-free workplace,
and the penalties for violation of this policy.
B.
Supervisory employees will receive at least one hour of training
on identifying those individuals who might be impaired by the use
of drugs.
Each employee or prospective employee shall be given a copy
of this policy. He/she must acknowledge receipt and understanding
of the policy as a condition of employment. A sample of this acknowledgement
is attached as Appendix A-2.
Employee Acknowledgement.
This will certify that I, __________________ have been given
a copy of the Borough of Cresskill's policy addressing alcohol and
drugs in the workplace and that I fully understand said policy and
agree to comply with all terms and requirements set forth herein.
I agree to allow all test results, verified by the Medical Review
Officer, to be released to the Borough of Cresskill.
Employee:______________________________________ Date: ___________________________
Witness: ___________________________________ Date: ____________________________
