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.
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.