In accordance with the Omnibus Transportation Employee Testing Act of
1991, the Federal Department of Transportation published regulations that
impact the Town of Guilderland, specifically, 49 CFR Parts 40 and 382. The
purpose of the Act and its implementing regulations are to establish programs
designed to help prevent accidents and injuries resulting from the misuse
of alcohol or use of controlled substances by drivers of commercial motor
vehicles.
Pursuant to the policy entitled "Drug and Alcohol Testing Policy Statement
for Commercial Driver's License Holders" that was adopted by Town Board resolution
on October 17, 1995, the following are the procedures the town will adhere
to.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
An individual who instructs and assists individuals in the alcohol
testing process and operates an evidential breath-testing device (EBT).
A motor vehicle or combination of motor vehicles used in commerce
to transport passengers or property, if the motor vehicle has a gross combination
weight rating of 26,001 or more pounds, inclusive of a towed unit with a gross
vehicle weight rating of more than 10,000 pounds; has a gross vehicle weight
rating of 26,001 or more pounds; is designed to transport 16 or more passengers,
including the driver; is of any size and is used in the transportation of
materials found to be hazardous for the purposes of the Hazardous Materials
Transportation Act, which requires the motor vehicle to have a placard under
the hazardous material regulations.
Any employee, designated by the town, who possesses a commercial
driver's license (CDL) or permit.
An occurrence involving a commercial motor vehicle operating on a
public road which results in a fatality; bodily injury to a person who, as
a result of the injury, immediately receives medical treatment away from the
scene of the accident; or one or more motor vehicles incurring disability
as a result of the accident, requiring the vehicle to be transported away
from the scene by a tow truck or other vehicle; or a moving violation arising
from the accident that is issued to the covered employee.
An EBT approved by the National Highway Traffic Safety Administration
(NHTSA) for the evidential testing of breath, and placed on NHTSA's Conforming
Products List of Evidential Breath Measurement Devices (CPL).
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 the substance abuse disorders and has appropriate medical
training to interpret and evaluate an individual's confirmed positive test
result, together with his/her medical history and any other biomedical information.
The individual designated by the employer to answer any questions
an employee may have regarding this plan and the individuals or organizations
charged with the administration of this plan.
The operation of a commercial motor vehicle and any of those on-duty
functions as listed; all time at a carrier or shipper plant, terminal, facility
or other property, waiting to be dispatched, unless the driver has been relieved
from duty by the employer; all time inspecting equipment as required by the
Federal Motor Carrier Safety Regulations (FMCSR), or otherwise inspecting,
servicing or conditioning any commercial motor vehicle (except for time spent
resting in the sleeper berth); all time loading or unloading a commercial
motor vehicle, supervising or assisting in the loading or unloading, attending
a vehicle being loaded or unloaded, remaining in readiness to operate the
vehicle or in giving or receiving receipts for shipment loaded or unloaded;
all time spent performing the driver requirements associated with an accident;
and all time repairing, obtaining assistance or remaining in attendance upon
a disabled vehicle.
A licensed physician (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-substances-related
disorders.
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