[HISTORY: Adopted by the Town Board of the Town of Niagara 10-15-1996.
Amendments noted where applicable.]
The United States Department of Transportation (DOT) has issued regulations
(49 CFR 40, 382, 391, 392 and 395, the "Regulations") pursuant to the Omnibus
Transportation Employee Act of 1991 (P.L. 102-143, the "Omnibus Act") which
govern the use of drugs and alcohol by commercial motor vehicle drivers and
which also require the Town of Niagara (the "town") to conduct mandatory drug
and alcohol testing of covered drivers.
In order to ensure safe operation of town vehicles, to deter prohibited
use of drugs and alcohol and to safeguard our community, it is the town's
intention to comply fully with the Omnibus Act and the regulations governing
drug and alcohol use and testing.
The Supervisor of the Town of Niagara (the "Supervisor") or his or her
designee shall promulgate administrative regulations to implement this policy
and comply with the Omnibus Act, the Regulations and other applicable laws
and collective bargaining agreements.
The Supervisor or his or her designee shall also develop drug and alcohol
testing education material that complies with 49 CFR 382 Subpart F for distribution
to covered employees as required by the Regulations.
The Supervisor or his or her designee shall provide written notice to
the affected employees' unions of the adoption of this policy and of
any administrative regulations hereunder and of the availability of the educational
materials required by DOT.
The Supervisor or his or her designee shall arrange for training of
all personnel who may be called upon to determine whether reasonable suspicion
exists to test a driver for prohibited drug or alcohol use.
Any violation of this policy, the town's administrative regulations,
the Omnibus Act or DOT regulations by a covered employee shall be grounds
for disciplinary action, up to and including discharge, in a manner consistent
with the town's pre-existing policies, practices and any applicable collective
bargaining agreement.
