[HISTORY: Adopted by the Town Board of the
Town of Naples 2-11-1996 by resolution. Amendments noted where applicable.]
GENERAL REFERENCES
Drug-free workplace policy — See Ch. 17.
As used in this chapter, the following terms
shall have the meanings indicated:
The intoxicating agent in beverage alcohol; or ethyl, methyl,
or isopropyl alcohol.
Commercial driver's license.
Marijuana, cocaine, amphetamines, phencyclidine, or opiates.
Controlled substance.
Medical review officer; a licensed physician who reviews
and interprets laboratory results relative to a drug testing program.
National Highway Traffic Safety Administration.
All time for which your employer is compensating you (paid
time) that you may be required to operate a vehicle for which a CDL
license is required, regardless of whether or not you are actually
assigned to operate a CDL required vehicle. (This is considered to
be time waiting to be dispatched.)
Employees are prohibited from conduct that obstructs the
testing process. Employees that engage in such conduct shall be considered
to have refused to test.
United States Department of Transportation Federal Highway
Administration.
A.
The overall coordinator of this policy is the Town
Supervisor. If you have questions concerning this policy contact your
supervisor or the program coordinator.
B.
The Omnibus Transportation Employee Testing Act requires
alcohol and drug testing of all personnel who drive commercial motor
vehicles requiring a commercial driver's license (CDL). In order to
conform to these regulations and to ensure that all employees of the
Town of Naples who are so classified are properly tested, the following
policy and procedures will apply.
A.
Prohibitions.
(1)
Performance of safety-sensitive functions is prohibited
under the following conditions:
(a)
Reporting for duty or remaining on duty requiring
the performance of safety-sensitive functions with a breath alcohol
concentration of 0.02% or greater as indicated by an alcohol breath
test.
(b)
Using or possessing alcohol while on duty to operate
vehicles covered by this policy.
(c)
Reporting to work within four hours after using alcohol.
(2)
No driver required to take a post-accident alcohol
test shall use alcohol for eight hours following the accident or until
a post-accident test is administered, whichever comes first.
B.
Required tests.
(1)
Post-accident.
(b)
Alcohol breath tests will be conducted within eight
hours of the accident.
(c)
Employees are expected to remain available for testing.
Failure to do so constitutes a refusal to test.
(d)
For purposes of this rule, an "accident" is defined
as an incident involving a commercial motor vehicle in which there
is either a fatality, an injury requiring medical treatment away from
the scene, or a vehicle is required to be towed away from the scene.
(2)
Reasonable suspicion. Reasonable suspicion testing
will be conducted when a trained supervisor observes behavior, speech,
odor or appearance that is characteristic of alcohol misuse. If a
breath test cannot be administered, the driver must be removed from
performing safety-sensitive duties for at least 24 hours.
(3)
Random testing. The annual percentage rate of alcohol
testing will be 25%. Tests will be conducted on an unannounced basis,
spread reasonably throughout the calendar year, and administered just
before, during or just after performance of a safety-sensitive function.
(4)
Return to duty. Return-to-duty testing will be conducted
when an individual who has violated the prohibited alcohol conduct
standards intends to return to a position performing safety-sensitive
duties. An alcohol test with resulting concentration of less than
0.02% will be required prior to reassignment to the safety-sensitive
position. Once the individual returns to duty, at least six unannounced
follow-up tests will be conducted during the twelve-month period following
the return-to-duty date.
(5)
Test refusal. Refusal to undergo any of the tests
outlined above will be treated the same as a positive test.
C.
Process for random selection. Drivers will be randomly
selected for testing from a pool of drivers and the testing dates
and times will be unannounced and with unpredictable frequency throughout
the year.
D.
Process for alcohol testing.
(1)
Alcohol screening will be conducted using evidential
breath testing devices (EBT). An initial screening test will first
be administered, with any resulting alcohol concentration of less
than 0.02% considered as a negative test. A confirmation test will
be required for alcohol concentration of greater than 0.02%. A confirmation
test result of greater than 0.04% will be considered to be a positive
test.
(2)
An initial test reading of 0.02% or greater, with
a confirmation reading of less than 0.04% will result in the suspension
of the individual from safety-sensitive duties until the start of
the individual's next regularly scheduled shift but not less than
a period of 24 hours following the test.
E.
Consequences of alcohol misuse.
(1)
Employees of the Town of Naples who are required to
have a CDL (hereinafter referred to as CDL employees) and who engage
in prohibited alcohol misuse, in accordance with the testing procedures
outlined above, will be immediately removed from safety-sensitive
functions with no obligation on the part of the employer for reassignment
to a non-safety-sensitive position. CDL employees who have engaged
in alcohol misuse will be referred to a substance abuse professional
for evaluation, assistance and potential treatment. CDL employees
will not be permitted to return to a safety-sensitive position until
all treatment recommendations have been complied with and the individual
has been released to return to safety-sensitive duties by the substance
abuse professional. During the period of treatment, the employee will
be eligible to discharge accumulated sick, personal and/or vacation
leave.
(2)
CDL employees noted above will be subject to the return-to-work testing requirements and follow-up testing requirements outlined in Subsection B above.
(3)
CDL employees may be subject to disciplinary action
up to and including termination in accordance with applicable civil
service law and/or union contract provisions. Employees will allowed
one opportunity for treatment and counseling under this policy. Subsequent
positive tests following return to duty will result in disciplinary
action proposing termination. Employees terminated under this policy
will be ineligible for rehire.
F.
Confidentiality of records.
(1)
All driver alcohol testing records are confidential
and test results will only be released to the Town of Naples and the
substance abuse professional. Any other release of information will
only be allowed with the driver's consent.
(2)
All dated records and notifications for verified positive
test results will be maintained for a period of five years.
(3)
All dated records and notifications for negative test
results will be maintained for a period of one year.
(4)
The records of any breath alcohol test results are
maintained under strict confidentiality and will not be released without
the specific written authorization of the tested individual. Results
will be released, however, to federal, state, or local officials with
regulatory authority over the controlled substances program.
A.
Prohibitions. No driver shall report for duty or remain
on duty requiring the performance of safety-sensitive functions when
the driver uses any controlled substances. The only exception is when
use is under physician's order and does not impair the individual's
ability to operate a commercial motor vehicle.
C.
Required tests.
(1)
Preemployment.
(a)
Must be conducted after an offer of employment has
been extended (conditional offer) but before the individual actually
performs safety-sensitive functions for the first time.
(b)
If the individual fails the controlled substances
test, including the confirmation test, the offer of employment will
be withdrawn. This section also applies to current employees transferring
to safety-sensitive positions.
(c)
The individual will not be considered for employment,
or transfer in the case of current employees, with the Town of Naples
for a period of one year.
(2)
Post-accident.
(b)
Controlled substances tests must be conducted within
32 hours of the accident.
(c)
Employees are expected to remain available for testing.
Failure to do so constitutes a refusal to test.
(d)
For purposes of this section, an "accident" is defined
as an incident involving a commercial motor vehicle in which there
is either a fatality, an injury requiring medical treatment away from
the scene, or a vehicle is required to be towed from the scene.
(3)
Reasonable suspicion. Reasonable suspicion testing
will be conducted when a trained supervisor observes behavior, speech,
odor, or appearance that is characteristic of controlled substance
misuse. Belief that the driver has violated controlled substances
prohibitions must be based upon specific and articulable observations.
(4)
Random testing. The annual percentage rate of controlled
substances testing will be 50%. Tests will be conducted on an unannounced
basis, spread reasonably throughout the calendar year, and administered
just before, during or just after performance of safety-sensitive
functions. Drivers selected for random controlled substances tests
will proceed immediately to the testing site upon notification of
being selected.
(5)
Return to duty. Return-to-duty testing will be conducted
when an individual who violated the prohibited controlled substances
standards intends to return to a position performing safety-sensitive
duties. A controlled substances test with a verified negative result
will be required prior to reassignment to the safety-sensitive position.
A driver cannot be returned to safety-sensitive duties until an evaluation
has been completed by a substance abuse professional, and the rehabilitation
recommendations complied with. During the period of treatment the
employee will be eligible to discharge accumulated sick, personal,
and/or vacation leave. Once the individual returns to duty, at least
six unannounced follow-up tests will be conducted during the twelve-month
period following the return-to-duty date.
(6)
Test refusal. Refusal to undergo any of the tests
outlined above will be treated the same as a positive test.
D.
Process for random selection. Drivers will be randomly
selected for testing from a pool of drivers and the testing dates
and times will be unannounced with unpredictable frequency throughout
the year. On-duty drivers selected for controlled substances testing
must report for testing regardless of whether or not they are assigned
to safety-sensitive functions on the day they are selected. Once notified
of selection for testing, the driver must proceed directly to collection
site for testing.
E.
Process for controlled substances testing.
(1)
Drug testing is conducted by analyzing the urine specimen
of drivers. Once provided in a location that affords privacy, specimens
will be sealed and labeled to ensure an appropriate chain of custody,
proper identification and integrity of the specimen.
(2)
Urine specimens will be divided into two containers,
i.e., "primary" and "split" specimens. If the analysis of the primary
specimen confirms the presence of illegal, controlled substances,
the driver has 72 hours to request the split specimen be sent to another
certified laboratory for analysis. Drivers requesting the confirmation
test will be required to pay the full cost of this second opinion.
(3)
All drug tests will be reviewed and interpreted by
a physician, i.e., a medical review officer (MRO), before they are
reported to the Town of Naples. The test will be evaluated in the
light of all relevant information obtained, including the driver's
statement and documentation as to any currently prescribed medication
currently being taken.
F.
Consequences of positive drug test.
(1)
Employees of the Town of Naples who are required to
have a CDL (hereinafter referred to as CDL employees) and who have
engaged in controlled substances misuse will be immediately removed
from the safety-sensitive function with no obligation on the part
of the employer for reassignment to a non-safety-sensitive position.
(2)
CDL employees who have engaged in controlled substances misuse will be referred to a substance abuse professional for evaluation, assistance and potential treatment. CDL employees will not be permitted to return to a safety-sensitive position unless and until all treatment recommendations have been complied with and the driver has been released to return to safety-sensitive duties by the substance abuse professional. During the period of treatment, the employee will be eligible to discharge accumulated sick, personal and/or vacation leave. CDL employees will be subject to the return-to-work testing requirements outlined in Subsection C above.
(3)
CDL employees may be subject to disciplinary action
up to and including termination in accordance with applicable civil
service law and/or union contract provisions. Employees will be allowed
one opportunity for treatment and counseling under this policy. Subsequent
positive tests following return to duty will result in disciplinary
action proposing termination. Employees terminated under this policy
will be ineligible for rehire.
G.
Confidentiality of records.
(1)
All driver drug testing records are confidential and
test results will only be released to the Town of Naples and the substance
abuse professional. Any other release of information will only be
allowed with the driver's consent.
(2)
All dated records and notifications for verified positive
controlled substances test results will be maintained for a period
of five years.
(3)
All dated records and notification for negative controlled
substance test results will be maintained for a period of one year.
(4)
The records on any controlled substances test results
are maintained under strict confidentiality and will not be released
without the specific written authorization of the tested individual.
Results will be released, however, to federal, state and local officials
with regulatory authority over the controlled substances program.