The Town Board of the Town of Rosendale hereby adopts the Drug and Alcohol
Policy and Program, a copy of which is annexed hereto and made a part hereof.
The Town of Rosendale recognizes that the use and/or abuse of alcohol
or controlled substances by drivers of commercial vehicles or employees in
safety-sensitive positions presents a serious threat to the safety and health
of employees and the general public. It is the policy of the Town of Rosendale
that its drivers and safety-sensitive support personnel should be free of
drugs and alcohol in compliance with the Omnibus Transportation Employee Testing
Act of 1991. The Town of Rosendale has implemented a drug and alcohol testing
program which is designed to help reduce and avoid traffic accidents and injuries
to our employees and the public, to discourage substance and alcohol abuse
and to reduce other drug- and alcohol-related problems.
For purposes of this chapter, the Town of Rosendale prohibits the use
of alcohol and/or controlled substances by all employees. In accordance with
the FHWA ruling, all employees with a CDL license are required to have alcohol
and/or drug testing.
Safety-sensitive employees may not consume alcohol:
A. Within four hours before performing a safety-sensitive
function;
B. While performing a safety-sensitive function;
C. After a fatal accident unless the employee has been tested
or eight hours have elapsed from the actual time of the accident; or
D. After a nonfatal accident unless the employee's involvement
can be completely discounted as a contributing factor to the accident, the
employee has been tested, or eight hours have elapsed from the actual time
of the accident.
The unauthorized use of any controlled substance is strictly prohibited
in all situations.
For purposes of this anti-drug and alcohol misuse plan, the following
definitions apply:
ACCIDENT
A.
An occurrence involving a commercial vehicle operating on a public road
which results in:
C.
Bodily injury to a person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or
D.
One or more motor vehicles incurring disabling damage as a result of
the accident, requiring the vehicle to be transported away from the scene
by a tow truck or other vehicle.
E.
If an employee is ticketed for a moving traffic violation as a result
of an accident while driving a commercial motor vehicle, the employee is subject
to a drug and alcohol test under the plan.
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol, or other
low molecular weight alcohols including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION (OR CONTENT)
The alcohol in a volume of breath expressed in terms of grams of
alcohol per 210 liters of breath as indicated by an evidential breath test
under this chapter.
ALCOHOL USE
The consumption of any beverage, mixture, or preparation, including
any medication containing alcohol.
BREATH ALCOHOL TECHNICIAN (BAT)
An individual who instructs and assists individuals in the alcohol
testing process and operates an evidentiary breath testing device (EBT).
COLLECTION SITE
A designated clinic/facility where applicants or employees may present
themselves for the purpose of providing a specimen of their urine to be analyzed
for the presence of drugs or providing a sample of their breath to be analyzed
for the presence of alcohol.
COMMERCIAL MOTOR VEHICLE
A motor vehicle or combinations of motor vehicles used in commerce
to transport passengers or property if the motor vehicle:
A.
Has a gross combination rating of 26,001 or more pounds inclusive of
a towed unit with a gross vehicle weight of more than 10,000 pounds; or
B.
Has a gross vehicle weight rating of 26,001 or more pounds;
C.
Is designed to transport 16 or more passengers including the driver;
or
D.
Is of any size and is used in the transportation of materials found
to be hazardous for the purpose of the Hazardous Materials Transportation
Act which requires the motor vehicle to be placarded under the Hazardous Material
Regulations (49 CFR Part 172, Subpart F).
CONFIRMATION TEST
For alcohol testing, means a second test, following a screening test
with a result of 0.02 or greater, that provides quantitative data of alcohol
concentration. For controlled substances, testing means a second analytical
procedure to identify the presence of a specific drug or metabolite, which
is independent of the screen test and which uses a different technique and
chemical principle from that of the screen test in order to ensure reliability
and accuracy. (Gas chromatography) mass spectrophatometry (GC/MS) is the only
authorized confirmation method for cocaine, marijuana, opiates, amphetamines,
and phencyclidine.
CUTOFF LEVELS
The minimum value established for designating a test result as positive.
DRIVER
Any person who operates a commercial motor vehicle. This includes,
but is not limited to, full-time, regularly employed drivers; casual, intermittent
or occasional drivers; leased drivers and independent, owner-operator contractors
who are either directly employed by or under lease to an employer or who operate
a commercial motor vehicle at the direction of or with the consent of any
employer. For the purpose of a preemployment or preduty testing only, the
"driver" includes a person applying to drive a commercial motor vehicle.
DRUGS (PROHIBITED)
All controlled substances including, but not limited to, marijuana,
cocaine, amphetamines, phencyclidine and/or opiates.
FAIL A DRUG TEST or TEST POSITIVE
The confirmation test result shows positive evidences of the presence
under DOT procedures of a prohibited drug in the employee's or applicant's
system.
MEDICAL REVIEW OFFICER (MRO)
A licensed physician (medical doctor or doctor of osteopathy) responsible
for receiving laboratory results generated by an employer's drug testing program
who has knowledge of substance abuse disorders and has appropriate medical
training to interpret and evaluate an individual's confirmed positive test
result together with that individual's medical history and any other biomedical
information.
PASS A DRUG TEST OR TEST NEGATIVE
The initial testing or confirmation testing under DOT procedures
does not show evidence of the presence of prohibited drugs in the employee's
or applicant's system.
REFUSE TO SUBMIT TO AN ALCOHOL OR CONTROLLED SUBSTANCE TEST
An employee either:
A.
Fails to provide adequate breath for testing without a valid medical
explanation after he or she received notice of the requirement for breath
testing in accordance with the provisions of this chapter;
B.
Fails to provide adequate urine for controlled substance testing without
a valid medical explanation after receiving notice of the requirement for
urine testing in accordance with the provisions of this chapter; or
C.
Engages in conduct that clearly obstructs the testing process.
SCREENING TEST (also known as "initial test")
In alcohol testing, an analytical procedure to determine whether
a driver may have a prohibited concentration of alcohol in his or her system.
In controlled substance testing, it means an immunoassay screen to eliminate
"negative" urine specimens from further consideration.
SUBSTANCE ABUSE PROFESSIONAL (SAP)
A licensed physical (medical doctor or doctor of osteopathy) or a
licensed or certified psychologist, social worker, employee assistance professional,
or addiction counselor (certified by the National Association of Alcoholism
and Drug Abuse Counselors Certification Commission) with knowledge of and
clinical experience in the diagnosis and treatment of alcohol and controlled
substance-related disorders.
The DAPM shall be responsible for the preparation of the Drug and Alcohol
Testing Policy which complies with requirements of the Department of Transportation
regulations as set forth in Title 49 CFR Parts 382 and 40. The DAPM shall
be responsible for:
A. Providing oversight and evaluation of this chapter;
B. Providing guidance and counseling;
C. Reviewing of all discipline applied under this chapter
for consistency and conformance to the Employee Handbook's policy and procedure;
D. Overseeing the third-party administrator;
E. Maintaining a secure file system on drug/alcohol testing
results;
F. Keeping all necessary records.
Supervisors are responsible for observing the performance and behavior
of employees, documenting events which might require reasonable cause testing
and requesting a second supervisor for substantiation for reasonable cause
testing, if available.
Each covered employee has the responsibility to be knowledgeable of
the requirements of the plan and to fully comply with the provisions of the
plan. Covered employees must notify their supervisor of any criminal drug
statute conviction within five days of such conviction. Upon receipt of such
notification or other notice for a violation occurring within the workplace,
the Town will, as required by law, take action as covered by the Town of Rosendale
Employee Handbook. A covered employee using drugs prescribed by a licensed
physician or any other therapeutic drug use is required to notify his or her
supervisor when such may impact the employee's ability to perform his duties
safely.
A preemployment drug and alcohol test must be conducted before an individual
is hired or contracted and when an individual is hired or contracted and when
an individual is transferred/promoted from a noncovered to a covered position.
This also applies to employees returning from paid or unpaid leave of 30 days
or more who have not been participating in the drug and alcohol testing policy
and have not been subject to the random selection process. A negative test
is required prior to performing safety-sensitive functions.
If the accident involves a commercial motor vehicle and falls within
the definition of "accident," the employee shall be drug tested as soon as
possible, but no later than 32 hours after the accident. Each employee shall
also be alcohol tested within two hours of the accident if possible, but no
later than eight hours after the accident. The Town of Rosendale must take
all reasonable steps to obtain a urine specimen and breath sample from an
employee after an accident, as defined above, but any injury should be treated
first.
An employee who refuses to take or fails a drug or alcohol test may
not return to duty (i.e., perform safety-sensitive functions) until the employee
passes a drug and alcohol test, if applicable, and the substance abuse professional
(SAP) has determined that the employee may return to duty (i.e., perform a
safety-sensitive function).