The Town of Eden recognizes that the use and/or abuse of alcohol or
controlled substances by drivers of commercial vehicles or employees in safety-sensitive
positions present a serious threat to the safety and health of employees and
the general public. It is the policy of the Town of Eden 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 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 policy, the town strictly prohibits the use of
alcohol and/or controlled substances by its employees who are performing,
ready to perform or ceasing to perform the following safety-sensitive job
functions: operation of commercial motor vehicles and those who are subject
to the Commercial Driver License Law pursuant to 49 CFR 383.
If a test result of the primary specimen is positive, the town shall
immediately request that a qualified medical review officer direct that the
split specimen be tested in accordance with the procedures set forth in 49
CFR 40, Sections 25(f)(10)(ii), 29(b)(2)(3) and 33(f). An employee may contact
the medical review office prior to analysis of the split specimen.
The town shall pay the employee for the time required to comply with
post-accident, random selection, reasonable cause/suspicion and return-to-duty
testing. Such testing shall include, but not be limited to, providing a breath
sample and a urine sample, and shall include travel time to and from the test
site. However, all follow-up testing shall be at the expense of the employee.
At the time an employee is called to report to duty, the employee shall
acknowledge the use of alcohol, any drug or other substance which might impair
the employee's ability to perform job duties. In such cases the employee will
not be required to report to work. This section, however, shall not in any
manner reduce, eliminate or otherwise affect any existing duty of employees
to be reasonably available and capable of reporting to work without any drug
or alcohol impairment.
In the event of a conflict, the federal regulations and this Memorandum
of Policy shall supersede previous policies and procedures pertaining to drugs
and alcohol.
The town shall provide each affected employee with a copy of this Memorandum
of Policy.
If any provision of this Memorandum of Policy conflicts with a statutory
or regulatory provision or is declared inoperative by a court of competent
jurisdiction, the remaining provisions of this Memorandum of Policy shall
remain in full force. The parties shall thereafter meet within 90 days to
renegotiate said negated clause.