All records are considered confidential and will not be shared with
other employees. Test results and other confidential information will only
be released to the Plan Administrator, Medical Review Officer (MRO) and the
substance abuse professional (SAP) who evaluates the extent of the problem.
However, the covered employee is entitled, upon written request, to obtain
copies of any records concerning his/her use of drugs or alcohol, including
any test records. If a covered employee initiates a lawsuit or other action
as a result of a violation of DOT rules, the town may release this information
to the relevant parties.
A positive drug test result will be considered a violation of the town
policy and subject the employee to an automatic suspension of at least five
working days without pay. In addition, the town may draft charges and impose
discipline up to and including termination in accordance with § 75
of the Civil Service Law.
A positive alcohol test result will be considered a violation of the
town policy. The employee will be transported home without pay, and the employee
shall be subject to an automatic suspension of one work day. In addition,
the town may draft charges and impose discipline up to and including termination
in accordance with § 75 of the Civil Service Law.
Positive test results require the employee to submit to a minimum of
six follow-up tests for drug and/or alcohol use during the first 12 months
following the initial positive test result.
Under the following circumstances, an employee shall note that he/she
may consult with legal counsel:
A. A positive test result from alcohol or drugs conducted
on a random basis.
B. Prior to any reasonable-suspicion testing.
C. Prior to any accident testing.