[Res. 15-95, 12/22/1995, § I]
1.
To comply with the requirements of employers pursuant to the federal
legislation concerning commercial drivers licenses (CDL) pursuant
to the Omnibus Transportation Employee Testing Act of 1991 and the
federal regulations thereto insofar as they apply to this Township.
2.
To conform the employment policies of this Township with the requirements
of said law and regulations.
[Res. 15-95, 12/22/1995, § II]
This policy shall apply to those employees and applicants for
employment who are required to have, a CDL license for their employment
by the Township and who are assigned to operate Township owned, leased
or borrowed vehicles or equipment requiring CDL licensure.
[Res. 15-95, 12/22/1995, § III]
The regulations of the Federal Highway Management Administration
are hereby adopted by reference insofar as they apply to this Township
and this policy.
[Res. 15-95, 12/22/1995, § IV]
1.
Employees shall not use, sell, possess or receive alcohol or distribute
or sell prescription drugs while on duty. Violation of these rules
will subject the employee to discipline and/or dismissal pursuant
to the provisions of § 507 of this policy, subject to any
applicable provisions and procedures of the collective bargaining
agreement in effect, if any.
2.
Prescription drugs must be kept in their original container identifying
the drug, dosage, date of prescription and physician. Employees are
required to notify their designated supervisory personnel if they
are taking a prescription drug and shall file with the Township a
statement on a form provided by the Township from the doctor who issued
such prescription stating whether or not such prescription drug will
impair the employee's ability to operate a CDL vehicle or equipment.
The term "illegal drugs" shall include drugs for which the employee
does not have a valid prescription and cocaine, phencyclidine (PCP),
marijuana, opiates (including heroin), amphetamines and such other
illegal drugs as may be identified from time to time.
[Res. 15-95, 12/22/1995, § V]
1.
The following drug and alcohol test procedures shall be applicable
to all employees and applicants for employment to whom this policy
applies:
A.
Preemployment. All applicants for employment shall be tested for
drugs prior to acceptance for employment by the Township. Any applicant
testing positive shall not be considered for employment. The Township
will reimburse the applicant for the cost of this test if the test
is negative and if employment is offered to the applicant.
B.
Random. The Township will implement a testing procedure which meets
the requirements of the federal regulations. The procedure shall include
Township-paid tests of affected employees on a random basis and shall
be conducted without any advance notice, but shall be done no less
than on a quarterly basis. The number of affected employees selected
shall be at least 50% of the employees selected shall be at least
50% of the employees for drug testing and 25% of the employees for
alcohol testing annually; provided, however, that the requirements
of this policy shall be satisfied if the above percentages are selected
from a pool of employees which includes the Township's employees.
C.
Reasonable Costs. Any employee giving reasonable cause to believe
that he or she is in violation of the policy established in § 504
above shall be subjected to Township-paid testing immediately upon
observation of such reasonable cause by trained supervisory personnel.
Reasonable cause shall be limited to behavior or conduct observed
at the workplace or en route to a workplace during working hours.
Observation shall be by supervisory personnel who have received at
least one hour of training in drug use detection and one hour of training
in alcohol use detection. Supervisory personnel making reasonable
cause observation shall make and file with the Township a written
report on a form provided by the Township of the attendant circumstances.
Such reports shall be confidential.
D.
Post Accident. Any employee involved in an accident as defined herein
shall be tested at the Township's expense for drugs as soon after
an accident occurs as is possible, but not later than 32 hours, and
for alcohol as soon after an accident as possible, but not later than
eight hours. Provided:
(1)
Testing should not take precedence over needed medical treatment
or other needed emergency measures.
(2)
If for any reason the tests cannot be obtained within the times
provided, the tests shall not be administered. However, refusal to
submit to a test or interfering with the successful completion of
such a test shall be deemed a positive test result in accordance with
§ 506, below.
(3)
No employee shall consume alcohol or illegal drugs between the
time of the accident and the test administration.
(4)
An accident shall include any occurrence involving a CDL vehicle
where the following conditions occur:
(a)
There is a fatality regardless of fault; or,
(b)
There is issuance of a citation to the Township CDL employee
for a moving violation and (i) bodily injury of any person involved
requiring transportation of the injured person away from the accident
scene for treatment or (ii) vehicular damage requiring the vehicle
to be towed from the scene.
[Res. 15-95, 12/22/1995, § VI]
1.
Any refusal or failure by the CDL employee or applicant to submit
to any test required by this policy or the applicable law shall be
deemed to be a positive result. Refusal to submit to a test under
this policy shall include any act or omission which prevents, thwarts
or frustrates the objectives of this policy, including with limitation
the following: (1) refusal to submit in a timely fashion to testing;
(2) refusal or failure by the employee or applicant to complete, sign
or initial the required testing forms; (3) refusal or failure without
good cause to provide any sample or provide an adequate sample for
testing; and/or, failure or refusal to otherwise cooperate with the
testing process in a way which prevents the completion of any required
test.
A.
Alcohol Testing. Alcohol testing shall be conducted using a federally
approved breathalyzer. Any employee receiving a test result of greater
than 0.02 but less than 0.04 breath alcohol level shall be removed
from safety sensitive duties as defined in the act and the regulations
for 24 hours. Any test result of greater than 0.04 breath alcohol
level shall be considered a positive test and shall subject the employee
to the disciplinary provisions of § 507 of this Part.
B.
Drug Testing. Drug testing shall be conducted by urine sample which
shall be analyzed at a federally approved testing facility. Any test
result showing the presence of illegal drugs shall be considered a
positive test and shall subject the employee to the disciplinary provisions
of § 507 of this Part. Any employee testing positive for
illegal drugs may request a split sample of the same specimen to be
retested, at the employee's expense. Employees should speak with the
Medical Review Officer about such request.
[Res. 15-95, 12/22/1995, § VII]
1.
An employee who tests positive for a drug test will be allowed to
return to CDL duty if this is the employee's first positive test and
the employee, prior to returning to CDL duty:
A.
Consults such drug abuse professionals to whom the employee has been
referred at the employee's expense.
B.
Completes all recommended treatment at the employee's expense.
C.
Completes all necessary drug tests at the employee's expense and
obtains negative results.
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Any subsequent positive result to a drug test by this same employee
will subject that employee to immediate dismissal by the Township.
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2.
An employee who tests positive for an alcohol test will be allowed
to return to CDL duty if the employee, prior to returning to CDL duty:
[Res. 15-95, 12/22/1995, § VIII]
If an employee who tests positive for a drug and/or alcohol
test is offered the chance to return to CDL duty, that employee shall
be subject to and pay for unannounced follow-up drug and/or alcohol
tests as directed by the substance abuse professional for a period
of 60 months following return to CDL duty. At least six unannounced
follow-up drug and/or alcohol tests shall be conducted in the first
12 months following return to CDL duty. Such tests shall be conducted
as directed by the assigned substance abuse professional.
[Res. 15-95, 12/22/1995, § IX]
Employees will be notified of their positive test results. Tests
results shall be retained by the Medical Review Officer responsible
for analyzing the employee's test results. Said results shall be held
in strictest confidence and shall be accessible only to the employee,
the employer, and such other person authorized by law and shall not
be released to any other person except with the written consent of
the employee. The results of tests made known to the Township may
be released to future employers in accordance with the federal regulations.
[Res. 15-95, 12/22/1995, § X]
All files, documents and records of the Township related to
the application of this policy to individual employees shall be deemed
and kept confidential by the Township.
[Res. 15-95, 12/22/1995, § XI]
1.
All of the records relating to the administration and results of
the Township's alcohol and drug testing program for its CDL drivers
will be maintained for a minimum period of five years, except individual
negative test results will be maintained for a minimum of 12 months.
2.
Tests will be conducted by a licensed facility and will be analyzed
by a Medical Review Officer. The Medical Review Officer who is appointed
shall be a licensed doctor of medicine or osteopathy with knowledge
of drug and alcohol abuse disorders and who is employed by the Township,
or group which the Township has joined, to conduct alcohol and drug
testing in accordance with the federal regulations. The Medical Review
Officer shall be the sole custodian of individual test results. The
Medical Review Officer shall retain the reports of individual test
results for a minimum of five years.
3.
The Township shall retain in the employee's personnel file information
indicating only the following:
4.
The Township 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 federal regulations.
[Res. 15-95, 12/22/1995, § XII]
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 requested by law.
[Res. 15-95, 12/22/1995, § XIII]
1.
The Township shall establish the following:
A.
A list of consultative and treatment services available in the area
for drug and alcohol abuse problems. Said list shall be given to each
employee or posted at a place readily accessible to employees.
B.
A list of educational and training resources available in the area
for drug and alcohol abuse problems. Said list shall be given to each
employee or posted at a place readily accessible to employees.
C.
A place or service for referring employees who test positive for
drugs or alcohol for consultation and treatment.
D.
A one hour training and educational program for employees.
E.
One hour training each in drug and alcohol detection and related
matters for supervisory personnel. Said training programs shall include
the following components:
[Res. 15-95, 12/22/1995, § IV]
The following entity is designated by the Township for the purpose
of providing information to employees concerning the federal laws
and regulations governing the testing of CDL employees and for implementing
and monitoring the Township's compliance with the federal testing
program:
PSATS CDL Drug and Alcohol Testing Program
3001 Gettysburg Road
Camp Hill, PA 177011
Phone: 1-800-235-7579
Fax: 1-717-763-9732
Designation of the PSATS program as available to provide information
to the Township's employees shall continue for as long as the Township
is a member in good standing in the PSATS program.
[Res. 15-95, 12/22/1995, § XV]
1.
This policy shall be implemented with the constitutional and legal
rights of the employees subjected to it.
2.
This policy shall not be deemed to be a covenant of employment or
other form of covenant or contract between the Township and any employee.
3.
Any collective bargaining agreement entered by the Township subsequent
to the adoption of this policy shall conform with the provisions of
this policy.
4.
Any agreement for the sharing, leasing, lending or other transfer
of CDL employees between the Township and any other municipality or
private enterprise shall address in writing the status of said employees
as to whether they are employees of the receiving entity during the
period of the transfer.
5.
Any contract for services involving CDL employees shall expressly
state whether the contracting party in an independent contractor or
employee/agent of the Township.
6.
The definition of terms shall be as contained in the federal regulations.
7.
A copy of this policy shall be delivered to every employee and applicant
for employment who is subject to it and to all supervisory personnel.
Such employee shall sign an acknowledgment of receipt of the policy.
8.
A copy of the controlling law and federal regulations shall be maintained
in the Township offices and shall be accessible to employees, upon
request.
9.
This policy will be limited by any applicable federal or state law
or municipal ordinance, and by any applicable collective bargaining
agreement. Any portion of this policy which directly conflicts with
such a law, ordinance or agreement will not be implemented in that
jurisdiction or bargaining unit, but shall be severable and shall
not affect the validity and enforcement of the remainder of the policy.
10.
Employees agree to waive any liability against the Township arising
out of the Township's administration of this policy and its administration
of the program established pursuant to the federal law or regulations
regarding the Township's responsibility for CDL drivers.
