[Adopted 12-27-1995]
A.
Purpose. On February 15, 1994, the United States Department
of Transportation (DOT) published the final rules for drug and alcohol
testing of commercial driver's license (CDL) holders. The final rules
must be implemented by all employers of CDL holders by January 1,
1995. These rules prohibit CDL holders from engaging in certain drug-
and alcohol-related conduct and require employers to test employees
to ensure compliance with the drug and alcohol rules. This policy
has been developed as a means to ensure that all Town of Greenwich
employees who hold a CDL are informed of the federal rules for drug
and alcohol testing and the consequences of any violation.
B.
Applicability.
(1)
This policy applies to employees who possess a CDL
and drive, inspect, repair, load or unload a commercial vehicle on
Town business.
(2)
Employees who are CDL holders and currently occupy
a Department of Personnel Administration designated safety-sensitive
classification are subject to substance testing under both state and
federal authorities.
A.
Federal Highway Administration (FHWA) regulations
require annual random, unannounced alcohol and controlled substance
(drug) testing of all CDL holders. The penalties for violation of
the new FHWA alcohol misuse and controlled substances use regulations
are considerable. If a CDL holder tests positive for drug use or the
misuse of alcohol, the CDL holder will be prohibited from performing
safety-sensitive functions associated with the operation of a commercial
vehicle, and the CDL holder may be subject to a fine of $10,000 under
49 USC 521(b). Additionally, the Town of Greenwich will take corrective
action up to and including termination for any employee found in violation
of the FHWA regulations.
B.
Employees who are experiencing difficulty with the use of alcohol or drugs are strongly encouraged to notify their supervisor or department head. The Town of Greenwich will assist employees as much as is operationally practicable in helping them to overcome problems associated with substance abuse and protecting their employment status. See § 54-38, Employee assistance.
A.
Overview.
(1)
The following is a general overview of the Omnibus
Transportation Act of 1991 covering drug and alcohol testing rules
for persons required to have a commercial driver's license (CDL) and
defined as safety-sensitive. This includes all functions performed
"on-duty." This is from the time a driver begins to work or is required
to be ready to work until the time (s)he is relieved from work and
from all responsibility to perform work.
(2)
New York State will comply with USDOT rules implementing
the Federal Omnibus Transportation Act. The Act mandates pre-employment,
reasonable suspicion, post-accident, random, and follow-up/return-to-duty
testing of state employees in various positions requiring the possession
of a commercial driver's license and defined as safety-sensitive.
B.
Every person who operates a motor vehicle that weighs
over 26,001 pounds, or is designed to transport 16 (including the
driver) or more passengers, or is used to transport hazardous materials
which is required to be placarded and who is subject to commercial
driver's license (CDL) requirements is subject to these rules. These
employees are considered to be "safety sensitive."
C.
These regulations are effective January 1, 1995, for
large employers. The Federal Highway Administration defines large
employers as those with more than 50 safety-sensitive employees (those
subject to CDL requirements). Small employers must implement these
regulations by January 1, 1996.
D.
Prohibited conduct.
(1)
Alcohol prohibitions. Employees must not:
(a)
Report for duty or remain on duty while having
a blood alcohol concentration (BAC) of 0.02 or higher;
(b)
Possess, use or be under the influence of alcohol
while on duty;
(c)
Perform any safety-sensitive function within
four hours after using alcohol;
(d)
Use alcohol for eight hours following an accident,
or until after such employee has undergone an alcohol test; or
(e)
Refuse to submit to a required alcohol test.
E.
The following tests are required:
(1)
Pre-employment: conducted before applicants are hired
or after an offer to hire, but before actually performing safety-sensitive
functions for the first time.
(2)
Post-accident: conducted after accidents on drivers
whose performance could have contributed to the accident (as determined
by a citation for a moving traffic violation) and for all fatal accidents
even if the driver is not cited for a moving traffic violation.
(3)
Reasonable suspicion: conducted when a trained supervisor
or Department official observes behavior or appearance that is characteristic
of alcohol misuse or the influence of controlled substances.
(4)
Random: conducted on a random unannounced basis just
before, during or just after performance of safety-sensitive functions.
(a)
Twenty-five percent of all CDL drivers will
be tested for alcohol on a random basis each year.
(b)
Fifty percent of all CDL drivers will be tested
for use of controlled substances each year.
(c)
Tests must be announced and spread throughout
the calendar year. Random selection could result in a driver being
selected for testing more than once in a calendar year.
(5)
Return-to-duty and follow-up: conducted when an individual
who has violated the prohibited alcohol conduct standards returns
to performing safety-sensitive duties. Follow-up tests are unannounced,
and at least six tests must be conducted in the first 12 months after
a driver returns to duty. Follow-up testing may be extended for up
to 60 months following return to duty.
F.
Testing procedures. Testing for drugs will be conducted
by urinalysis. Alcohol testing will be conducted by a breath alcohol
technician (BAT) using a breath testing device.
(1)
Drug testing.
(a)
Drug testing is conducted by analyzing a driver'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 and accompanying paperwork
for shipment to a drug testing laboratory. The specimen collection
procedures and chain of custody ensure that the specimen's security,
proper identification and integrity are not compromised. The Omnibus
Act requires that drug testing procedures for CDL drivers 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. Only the primary
specimen is opened and used for the urinalysis. The split specimen
bottle remains sealed and is stored at the laboratory. If the analysis
of the primary specimen confirms the presence of illegal, controlled
substances, the driver has 72 hours to request that the split specimen
be sent to another DHHS-certified laboratory for analysis. This split
specimen procedure essentially provides the driver with an opportunity
for a second opinion.
(2)
Alcohol testing. 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. The driver 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.
G.
Confidentiality of test results. 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 employer
and the substance abuse professional who evaluates the extent of the
problem unless the employee grieves, files a lawsuit, etc. The information
can then be released to the decisionmaker.
H.
Who can authorize testing.
(1)
Pre-employment: personnel/appointing authority.
(2)
Post-accident: supervisor or law enforcement officer
as mandated for fatality or moving violations.
(3)
Reasonable suspicion: by trained designated supervisor(s).
(4)
Random: by computer-generated or other random selection
device.
(5)
Return to duty and follow-up: by authority of substance
abuse professional.
I.
Consequences for refusal or a positive test.
(1)
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 had failed
the test. Under these circumstances the employee must be removed from
performance of any safety-sensitive function until such time as he/she
submits to testing and the results are negative for alcohol or a controlled
substance.
(2)
Drivers who have an alcohol concentration of 0.04
or greater cannot return to safety-sensitive duties until they have
been evaluated by a substance abuse professional and have complied
with any treatment recommendations to assist them with an alcohol
problem. To further safeguard transportation safety, drivers who have
any alcohol concentration (defined as 0.02 or greater) when tested
just before, during or just after performing safety-sensitive functions,
must also be removed from performing such duties for 24 hours. If
a driver's behavior or appearance suggests alcohol misuse, a reasonable
suspicion alcohol test must be conducted. If a breath test cannot
be administered, the driver must be removed from performing safety-sensitive
duties for at least 24 hours. A violation of these employer-based
testing rules is not placed on, nor does it affect, the driver's CDL
record.
(3)
As with an alcohol misuse violation, a driver must
be removed from safety-sensitive duty if he/she has a positive drug
test result. Refer to the agency policy for further information on
consequences.
(4)
Any violation of this policy may subject the employee
to disciplinary action.
J.
Prescription medications may affect test results.
Any medications that affect the ability to perform the job safely
must be reported to the employee's supervisor.
K.
Professional help is available. Employees should contact
their employee assistance representative for information on available
services.
L.
The Omnibus Transportation Employee Testing Act will
be enforced. For the most part, other than by future amendments, the
rules are relatively rigid in terms of who, what, when, where and
how.
A.
This policy is applicable to all CDL holders who perform
safety-sensitive functions associated with the operation of a commercial
vehicle, including those employed by governmental agencies such as
the Town of Greenwich, except for:
(1)
Drivers exempted by their issuing state (in this case
New York) from CDL requirements.
(2)
Drivers of vehicles less than 26,001 pounds' gross
vehicle weight, required by their state to possess a CDL, except that
vehicles designed to transport 16 or more passengers and vehicles
used to transport hazardous waste are included regardless of size.
B.
A CDL is required to operate a commercial vehicle.
A commercial vehicle is a vehicle which:
(1)
Has a gross combination weight of 26,001 or more pounds,
inclusive of a towed unit with a gross vehicle weight of more than
10,000 pounds, or
(2)
Has a gross weight rating of 26,001 or more pounds,
or
(3)
Is designed to carry 16 or more passengers, including
the driver; or
(4)
Is of any size and is used to transport hazardous
waste.
Any CDL holder who performs any of the following
activities associated with a commercial vehicle is considered to perform
or to be performing a safety-sensitive function:
A.
Inspect, service or condition any commercial vehicle.
B.
Drive a commercial vehicle.
C.
Load, unload, supervise or assist in the loading or
unloading of a commercial vehicle, attend a commercial vehicle being
loaded or unloaded, or give or receive receipts for shipments loaded
or unloaded.
D.
Perform the driver requirements relating to an accident
of a commercial vehicle.
E.
Spend time in or on a commercial vehicle (except time
spent in a sleeper berth).
F.
Inspect equipment as required by the Federal Motor
Carrier Safety Regulations.
G.
Repair, obtain assistance, or remain in attendance
upon a disabled commercial vehicle.
A.
Alcohol, including any intoxicating agent in beverage
alcohol, methyl, and isopropyl alcohol whether used for medicinal
purposes or not. No CDL holder may:
(1)
Perform safety-sensitive functions while having an
alcohol concentration of 0.02 or greater.
(2)
Operate a commercial vehicle while possessing alcohol
unless it is manifested and transported as part of a shipment. This
includes the possession of medicines containing alcohol (prescription
or over-the-counter), unless the packaging seal is unbroken.
(3)
Use alcohol while performing safety-sensitive functions.
(4)
Perform safety-sensitive functions within four hours
after using alcohol.
(5)
Use alcohol for eight hours after an accident requiring
a post-accident alcohol test or until a post-accident alcohol test
is administered, whichever occurs first.
(6)
Refuse to submit to a post-accident, random, reasonable
suspicion, or follow-up alcohol test.
B.
Drugs or controlled substances, including marijuana,
cocaine, amphetamines, opiates and phencyclidines. No CDL holder may:
(1)
Perform a safety-sensitive function when the driver
uses any controlled substance, except when the use is under the instructions
of a physician who has advised the driver that the substance does
not adversely affect the driver's ability to safely operate a commercial
vehicle.
(2)
Refuse to submit to a post-accident, random, reasonable
suspicion, or follow-up drug test.
A.
Any CDL holder who has engaged in prohibited conduct
shall be immediately removed from the performance of any safety-sensitive
function related to a commercial vehicle, including driving, and may
not perform any safety-sensitive functions until:
(1)
He/She has been evaluated by a substance abuse professional
(SAP) who will determine what assistance, if any, the employee needs
in resolving problems associated with alcohol misuse and controlled
substances use. Note: Federal regulations require that the SAP must
be either a licensed physician, certified psychologist, social worker,
employee assistance professional or addiction counselor [certified
by the National Association of Alcoholism and Drug Abuse Counselors
Certification Commission (NAADAC)].
(2)
If the employee has been identified by a SAP as needing
assistance in resolving problems associated with alcohol or controlled
substances, the CDL holder must be re-evaluated by a SAP to determine
whether the CDL holder has complied with any rehabilitation program
prescribed by the original evaluating SAP.
(3)
He/She has undergone a return-to-duty alcohol test
with a result indicating a breath alcohol level of less than 0.02
if the conduct involved alcohol, or a controlled substance test with
a verified negative result if the conduct involved use of controlled
substances.
B.
If the employee has been identified by a SAP as needing
assistance in resolving problems associated with alcohol or controlled
substances, the CDL holder will be subject to follow-up testing after
returning to duty for a minimum of six tests in the first 12 months.
C.
If an employee has a positive alcohol or drug test,
the driver must be removed from safety-sensitive duty, pursuant to
OTETA. Following Civil Service Law, once this occurs the employee
no longer can be paid as a driver. If a position is available, this
employee will be temporarily reclassified to a non-safety-sensitive
duty title and paid accordingly.
D.
As a result of a positive test, the cost of any return-to-duty
and follow-up testing shall be the responsibility of the employee.
An employee cannot be returned to safety-sensitive driving duties
until he/she has fulfilled all requirements as set forth in OTETA.
An employee will be allowed up to 18 months being temporarily reclassified
to get back his/her license to operate a commercial motor vehicle.
Failure to re-establish full driving privileges may result in disciplinary
action up to and including termination of employment.
E.
In addition to the above, the Town of Greenwich will
take adverse action up to and including dismissal for any CDL holder
who engages in conduct prohibited by the Federal Highway Administration's
Controlled Substances and Alcohol Use and Testing Rules (49 CFR 382
et seq.)
No CDL holder who is found to have an alcohol
concentration of 0.02 or greater, but less than 0.04, shall perform
or continue to perform safety-sensitive functions, including driving,
until the driver's next regularly scheduled duty period, but not before
24 hours have passed since the alcohol test.
A CDL holder is considered to have refused to
submit to testing when he/she:
A.
Fails to provide adequate breath for alcohol testing
without a valid medical explanation after having received notice of
the requirement for breath testing.
B.
Fails to provide adequate urine for controlled substance
testing without a valid medical explanation after having received
notice of the requirement for urine testing.
C.
Engages in conduct that clearly obstructs the testing
process.
A.
FHWA regulations require that all prospective employers
obtain information from prior employers in the preceding two years
regarding a potential employee's prior alcohol test with a result
of 0.04 or above, positive controlled substance test, or refusal to
test. The new employer must obtain this information within the first
14 days of the employee first performing safety-sensitive functions.
If such information cannot be obtained, the employee may not continue
to perform such functions.
B.
If the employee has engaged in prohibited conduct
while in the employ of a previous employer, the employee may not perform
safety-sensitive functions for the new employer until such time as
the employee has complied with all applicable requirements for evaluation
and return-to-duty testing.
Briefly, FHWA drug and alcohol testing rules
require the following types of drug and alcohol tests:
A.
Pre-employment: prior to the first time an employee
performs safety-sensitive functions.
B.
Reasonable suspicion: when an employee exhibits the
appearance or behavior characteristic of being under the influence
of drugs/alcohol.
C.
Return-to-duty: after an employee has completed a
rehabilitation program, but before the employee resumes performing
safety-sensitive functions.
D.
Follow-up: for a period of time after an employee
returns to work after completing a rehabilitation program for drug
or alcohol abuse.
E.
Random: upon random selection. Random testing is conducted
at 50% of the employee population for drugs and 25% for alcohol annually.
F.
Post-accident: A CDL holder is subject to post-accident
testing following an accident where there was a fatality, a vehicle
required towing, or someone required medical treatment and, in the
case of a fatality, the CDL holder was performing safety-sensitive
functions, or the CDL holder was otherwise cited for a moving violation.
A CDL holder is subject to testing for:
A.
Pre-employment.
(1)
A CDL holder is subject to pre-employment testing
for alcohol and drugs prior to first performing safety-sensitive functions
for an employer with the following exceptions:
(a)
Alcohol: if the CDL holder has been tested for
alcohol within the past six months under a testing program that meets
FHWA requirements and the test showed a blood alcohol level below
0.04 and no prior employer has record of violations of any DOT alcohol
misuse rules for the CDL holder in the previous six months.
(b)
Drugs: if the CDL holder has participated in
a drug testing program meeting DOT requirements within the last 30
days and while participating in this program was either:
(2)
Applying the above exceptions is at the discretion
of the employer.
(4)
Note that pre-employment testing will be required
under FHWA regulations for current employees if they obtain a CDL
and will be performing safety-sensitive functions during the course
of their employment.
(5)
The Town of Greenwich will not hire any candidate
who fails a pre-employment substance test.
B.
Return-to-duty.
(1)
A CDL holder is subject to return-to-duty testing
after having been found in violation of the FHWA drug and alcohol
misuse rules. The employee may not perform safety-sensitive functions
if:
(2)
In addition to passing a return-to-duty drug or alcohol
test, the CDL holder cannot be returned to performing safety-sensitive
functions until he/she has been evaluated by a SAP to determine the
employee's compliance with any recommended rehabilitation program.
C.
Follow-up.
(1)
A CDL holder is subject to follow-up testing after
returning to performing safety-sensitive functions for a minimum of
12 months. The frequency of follow-up testing is based on the recommendations
of a SAP. Follow-up testing may occur for up to 60 months, but may
not be less than six follow-up tests in the first 12 months after
having returned to duty. Follow-up testing is unannounced.
D.
Reasonable suspicion.
(1)
A CDL holder is subject to reasonable suspicion testing
for alcohol any time preceding, during or after the CDL holder has
performed a safety-sensitive function. Reasonable suspicion testing
is based on the employer's suspicion that the CDL holder has violated
the alcohol misuse rules based on observations of the appearance,
behavior, speech or body odors of the CDL holder.
(2)
A CDL holder is subject to reasonable suspicion testing
for controlled substances any time the CDL holder is on duty. It is
based on the employer's suspicion that the CDL holder has violated
the controlled substance rules based on observations of the appearance,
behavior, speech or body odors of the CDL holder or indications of
the chronic or withdrawal effects of controlled substances.
(3)
When a reasonable suspicion test is ordered, a CDL
holder must report for testing immediately, but no later than two
hours from the time such is ordered.
(5)
The CDL holder may not return to performing safety-sensitive
functions unless the CDL holder has:
E.
Random.
(1)
FHWA regulations require employers to conduct random
tests of 25% of their CDL holders for misuse of alcohol annually and
50% of their CDL holders for controlled substances. Random testing
is unannounced.
(3)
The CDL holder may not return to performing safety-sensitive
functions unless the CDL holder has:
F.
Post-accident.
(1)
A CDL holder must be tested for alcohol misuse and
use of controlled substances if an accident resulted in:
(2)
If a post-accident test is required, the CDL holder
must be tested for alcohol within two hours of the accident and within
32 hours for drugs. A CDL holder may not consume alcohol for eight
hours after an accident requiring post-accident testing or until such
time as a test for alcohol has been administered, whichever occurs
first.
(4)
A CDL holder may not return to performing safety-sensitive
functions unless the CDL holder has:
A.
A CDL holder who has been ordered for testing must
report to the collection site immediately upon being informed that
a substance test is being ordered. The Town of Greenwich maintains
collection sites under contract. Drug testing will be conducted by
urine sample. Alcohol testing will be by breath analysis by a trained
breath alcohol technician.
B.
Collection procedures, specimen testing, and reporting
of test results will follow FHWA requirements contained in 49 CFR
Part 40.
C.
To ensure that the tested specimen is actually that
of the donor:
(1)
Collection site staff will require positive identification
of the CDL holder to be tested.
(2)
The donor will be required to initial the specimen
label and sign the custody and control form which initiates the testing
process and assigns a specimen identification number for testing.
(3)
The donor must be present and witness the completion
of the custody and control form by collection site staff.
D.
A specimen identification number will be assigned
to all urine samples and will be used to track drug tests through
the process.
E.
The CDL holder will be given an opportunity to provide
confidential information to the Medical Review Officer (MRO) regarding
use of controlled substances that the CDL holder may have taken under
medical prescription or otherwise. The sealed envelope will be forwarded
to the MRO and only be opened if the result of the drug test is positive.
F.
Only Substance Abuse and Mental Health Services Administration
certified labs will be used for testing. The lab will follow the requirements
of 49 CFR Part 40 in testing and reporting all results. Urine samples
will initially be screened for the presence of controlled substances.
All urine samples which initially screen positive will be confirmed
by a second method of testing.
G.
A CDL holder who tests positive for controlled substances
will be contacted by a MRO to provide an opportunity for the CDL holder
to provide additional information or dispute test results. Should
the CDL holder be unavailable, after a reasonable attempt is made
by the MRO to contact, a positive test result will be reported.
H.
A CDL holder whose urine sample has tested positive
for a controlled substance has the option (within 72 hours of being
notified by the MRO) of having the other portion of the split sample
tested at another laboratory at the CDL holder's expense.
I.
If the second portion of the sample also tests positive,
then the CDL holder is subject to the sanctions contained in the regulations.
If the second portion produces a negative result, or for any reason
the second portion is not available, the test is considered negative
and no sanctions are imposed.
J.
The Town of Greenwich will refer any current CDL holder
who has engaged in prohibited conduct to a SAP for evaluation and
assistance in locating a rehabilitation program, if a rehabilitation
program is recommended.
A.
Town of Greenwich employees shall report to and remain
at work free from impairment caused by the use of illegal drugs or
alcohol. The use of illegal drugs or alcohol while on duty is a violation
of the Federal Drug-Free Workplace Act. The Town of Greenwich will
assist employees who have a drug or alcohol dependency problem to
recover from their addiction, provided the employees seek and/or accept
assistance. The Town of Greenwich will take appropriate adverse action,
including separation from employment, to resolve drug- or alcohol-related
job performance problems. A copy of Town of Greenwich Drug-Free Workplace
Policy is available from supervisors.
B.
Medical use of alcohol or controlled substances. A
CDL holder or an employee in a designated safety-sensitive classification
must report to his/her supervisor any use of medically prescribed
controlled substances or medications containing alcohol, including
those obtained without medical prescription.
C.
Alcohol test results of 0.02 or greater, but less
than 0.04. The Town of Greenwich will issue a letter of warning to
any CDL holder who tests positive for alcohol at a concentration of
0.02 or greater but less than 0.04.
E.
Failure to remain available for post-accident testing.
The Town of Greenwich will consider any CDL holder who fails to remain
available for post-accident testing, when it is required, to have
refused testing. If a CDL holder fails to follow Town of Greenwich
special instructions for post-accident testing, he/she will be considered
to have refused testing.
F.
Reasonable suspicion. Town of Greenwich employees
who are ordered to submit to reasonable suspicion testing will be
transported to the collection site. If a drug test is being conducted,
the employee will be escorted home after the test. The employee may
not return to work until the results of the test are known and only
then if the result is negative.
G.
State testing authorities. CDL holders who occupy
a Department of Personnel Administration designated safety-sensitive
classification are subject to drug and alcohol testing under state
authority as well as under FHWA regulations. A CDL holder will be
advised at the time of testing if a test is being ordered under FHWA
regulations or under state authorities.
A.
Right to records. Upon written request, a CDL holder
has the right to obtain copies of any records regarding the CDL holder's
use of alcohol or controlled substances, including any records of
test results.
B.
Right to know basis for test. A CDL holder has the
right to know the reason a drug or alcohol test is being ordered and
under what authority such test is being ordered. Additionally, a CDL
holder has the right to know the results of any drug or alcohol test.
C.
Right to representation.
(1)
Employees have a right to representation by a union
representative or other person whom they choose whenever the employee
is being interviewed by the employer regarding drug test results that
may result in adverse action. This interview is not mandatory but,
if held, may occur before or after the drug test. Also, employees
have the right for a representative to be present when the tested
employee is discussing a potential positive test result with the MRO.
(Conversations with the MRO will almost always be by telephone.)
(2)
An employee does not have the right to delay a drug
or alcohol test awaiting the availability of representation.
D.
Right to appeal. Employees who receive an adverse
action because of testing positive for controlled substances or alcohol
test may appeal that action through the normal adverse action appeals
process.
A.
All employee records regarding drug or alcohol testing
are considered confidential and may not be released except upon written
request or release by the CDL holder, except:
(1)
In the event of a lawsuit.
(2)
In the event of a grievance or other proceeding initiated
by or on behalf of the employee arising from the results of an alcohol
or controlled substance test.
(3)
In a proceeding relating to a benefit sought by the
CDL holder, such as worker's compensation or unemployment insurance.
(4)
In the event of a disciplinary hearing.
B.
Records and documents of all alcohol test results
greater than 0.02, positive test results, refusal to test, and records
relating to evaluation and referrals will be maintained for 10 years.
C.
Documents and records relating to the basis for reasonable
suspicion and post-accident testing and/or the inability of the CDL
holder to provide adequate breath sample or a urine specimen will
be maintained for a minimum of six years.
A.
Employees who have questions regarding the FHWA regulations
should contact their supervisor or department head.
B.
Assistance in helping employees overcome problems
associated with substance abuse is available from the Washington,
Warren, Saratoga County Employee Assistance Program:
|
Employee Assistance Program of Warren, Washington
and Saratoga Counties, Inc.
10 Pine Street
Glens Falls, NY 12801
518-793-9768
|
