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.
All employees subject to the regulation must submit to
drug and alcohol testing.
B.
Refusal to submit to testing is prohibited and is a violation
of the Act. The consequences for a refusal are therefore the same as if the
person had submitted to testing and has a positive test result.
C.
The following actions constitute a refusal:
(1)
Failure to provide an adequate breath and/or urine sample
(other than by deliberate failure or refusal); the town shall direct the employee
to obtain an evaluation from a licensed physician, acceptable to the town,
as soon as practical to determine the employee's medical ability to provide
an adequate breath and/or urine sample. If the physician determines that a
medical condition did (or could have) prevent(ed) the employee from providing
an adequate sample, the failure shall not constitute a refusal. However, if
the physician is unable to make such a determination, the employee's failure
shall constitute refusal;
(2)
Engaging in conduct that clearly obstructs the testing
procedures; or
(3)
Claiming illness after notification of testing.
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.
A.
Drug testing.
(1)
The town will be responsible for transporting the employees
to and from the collection facility.
(2)
Upon receipt of a positive test result from the Medical
Review Officer (MRO), the employee will be transported home and remain there
until a recommendation is made by the substance abuse professional (SAP) and
the employee submits to a return-to-duty test with a verified negative result.
B.
Alcohol testing.
(1)
The town will be responsible for transporting the employees
to and from the collection facility.
(2)
Upon receipt of a negative result (under 0.02%), the
employee will return to work.
(3)
Upon receipt of a positive test result, the employee
will be transported home and remain there until a recommendation is made by
the substance abuse professional (SAP) and the employee submits to a return-to-duty
test with a verified negative result.
A.
Drug testing.
(1)
Upon receipt of a negative test result, the employee
will return to work without suffering a loss of wages or benefits.
(2)
Upon receipt of a positive test result, the employee
will not be allowed to return to work until a recommendation is made by the
substance abuse professional (SAP), and the employee must submit to a return-to-duty
test with a verified negative result.
B.
Alcohol testing.
(1)
The town will be responsible for transporting the employee
to the collection facility and to the employee's home, if necessary.
(2)
Upon receipt of a negative test result, the employee
will return to work without suffering a loss of wages or benefits.
(3)
Upon receipt of a positive test result, the employee
will be transported home without pay and will not be eligible to return to
work until a recommendation is made by the substance abuse professional (SAP)
and the employee submits to a return-to-duty test indicating a breath alcohol
concentration (BAC) less than 0.02%.
C.
The Reasonable Suspicion Form, if the test result is
positive, will be included in the employee's file. If the test result is negative,
the form will be discarded after the retention period in accordance with the
regulation. Upon written request, a covered employee may obtain copies of
any records pertaining to the covered employee's use of alcohol or controlled
substances, including any records pertaining to his/her alcohol or controlled-substances
tests.
A.
Drug testing.
(1)
The town will be responsible for transporting the employee
to and from the collection facility.
(2)
Until the town receives the test results, the employee
will not be allowed to perform any safety-sensitive duties.
(3)
Upon receipt of a negative test result, the employee
will return to full duties.
(4)
Upon receipt of a positive test result, the employee
will be sent home until a recommendation is made by the substance abuse professional
(SAP) and the employee submits to a return-to-duty test with a verified negative
result.
B.
Alcohol testing.
(1)
The town will be responsible for transporting the employee
to and from the collection facility and/or home.
(2)
Upon receipt of a negative test result, the employee
will return to work.
(3)
Upon receipt of a positive test result, the employee
will be transported home and is not eligible to return to work until a recommendation
is made by the substance abuse professional (SAP) and the employee submits
to a return-to-duty test indicating a breath alcohol concentration (BAC) less
than 0.02%.
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.
