The Federal Omnibus Transportation Act and/or this policy mandates that
employees holding a commercial driver's license (CDL) must submit to the following
types of testing:
A.
Preemployment. Conducted before applicants are hired
and after receiving a permit for a commercial driver's license.
B.
Promotions. Employees must be tested upon promotion to
a position requiring a commercial driver's license (CDL).
C.
Random. Conducted on a random unannounced basis.
(1)
A minimum of 25% of all CDL holders will be tested for
alcohol on a random basis each year.
(2)
A minimum of 50% of all CDL holders will be tested for
use of controlled substances each year. Controlled substances that will be
tested for are cocaine, marijuana, opiates, amphetamines and phencyclidine.
(3)
Tests must be unannounced and spread throughout the calendar
year. Random selection could result in a driver being selected for testing
more than once in a calendar year.
D.
Reasonable suspicion. Conducted when an employee's behavior
or appearance is observed that is characteristic of alcohol misuse or the
influence of controlled substances. The town will require that two trained
supervisors or department officials verify and document the above.
E.
Post-accident. Conducted following every accident by
any covered employee involving a fatality or following every DOT accident.
F.
Return to duty. Conducted when an individual has engaged
in prohibited conduct regarding drug use and/or alcohol misuse; the employee
shall undergo a "return-to-duty" drug test and/or alcohol test with a verified
negative result.
G.
Follow-up. Following a determination that an employee
needs assistance in resolving problems associated with alcohol misuse and/or
use of drugs, unannounced follow-up alcohol and/or drug testing will be required.
A minimum of six follow-up drug and/or alcohol tests will be administered
in the first 12 months.
A.
Drug testing is conducted by analyzing an employee's
urine specimen. The analysis is performed at laboratories certified and monitored
by the Department of Health and Human Services (DHHS). The driver provides
a urine specimen in a location that affords privacy; and the collector seals
and labels the specimen, completes a chain-of-custody document and prepares
the specimen and accompanying paperwork for shipment to a drug testing laboratory
in the presence of the employee. The specimen collection procedures and chain
of custody ensure that the specimen's security, proper identification and
integrity are not compromised. Drug testing for CDL holders will include split
specimen procedures. Each urine specimen is subdivided into two bottles labeled
as a "primary" and a "split" specimen. Both bottles are sent to a laboratory.
If the analysis of the primary specimen confirms the presence of illegal or
controlled substances, the employee has 72 hours to request the split specimen
be sent to another DHHS certified laboratory for analysis at the employee's
expense. If the split specimen proves to be negative, the town will pay the
expense. This split specimen procedure essentially provides the employee with
an opportunity for a second opinion.
C.
While prescription drugs are not prohibited, they should
not render an employee unfit for duty. Situations of this nature should be
brought to the supervisor's attention by the employee, especially if the employee's
job responsibilities have an impact on the health and safety of others. These
situations should be addressed confidentially on a case-by-case basis, and
it may be necessary for the employee's physician to certify that the substance
does not adversely affect the employee's fitness for duty.
The rules require breath testing using evidential breath-testing (EBT)
devices approved by the National Highway Traffic Safety Administration (NHTSA).
The NHTSA periodically publishes a list of approved devices in the Federal
Register. Two breath tests are required to determine if a person has a prohibited
alcohol concentration. A screening test is conducted first. Any result less
than 0.02% alcohol concentration is considered a "negative" test. If the alcohol
concentration is 0.02% or greater, a second confirmation test must be conducted
(not less than 15 minutes or more than 20 minutes after the first screening
test). The employee and the individual conducting the breath test [called
a "breath alcohol technician (BAT)"] complete the alcohol testing form to
ensure that the results are properly recorded. The confirmation test, if required,
must be conducted using an EBT that prints out the results, date and time,
a sequential test number and the name and serial number of the EBT to ensure
the reliability of the results. The confirmation test results determine any
actions taken.
