[Res. 2-96, 1/2/1996, § 1]
All applicants for positions requiring a commercial drivers
license will be tested for alcohol and drugs prior to commencing employment
with the Borough of Bridgeville. A driver applicant testing positive
for alcohol or drugs will not be considered for employment.
[Res. 2-96, 1/2/1996, § 2]
Each year, the Borough of Bridgeville will use a random process
to select at least 50% of its commercial drivers license drivers,
who will be tested for the use of controlled substances. Additionally,
at least 25% of its commercial drivers license drivers will be randomly
tested for alcohol use in the first year of this Part. Drivers selected
on a random basis for testing will be required to supply a urine sample
for the drug test. The alcohol test will be done by a breathalizer
machine.
[Res. 2-96, 1/2/1996, § 3]
Testing will be required by the Borough of Bridgeville upon
reasonable cause. The conduct necessitating testing, if at all feasible,
shall have been witnessed by at least two supervisors. However, if
only one supervisor is available, only that supervisor need witness
the conduct. Each witness must have received training in the detection
by observing a person's behavior of probable drug and alcohol use.
[Res. 2-96, 1/2/1996, § 4]
1.
Drivers will provide urine specimens for drug testing as soon as
possible after a commercial vehicle accident, but in no case later
than 32 hours after the accident. Drivers must be tested for alcohol
as soon as possible after a motor vehicle accident. A driver may not
consume alcohol until he has been tested. An accident is defined as
involving:
2.
If, as a consequence of an accident, a driver is seriously injured
and cannot provide a specimen at the time of the accident, he must
provide the necessary authorization for obtaining hospital records
and other documents that will indicate whether there were any controlled
substances or alcohol in his system at the time of the accident.
[Res. 2-96, 1/2/1996, § 5]
If the Borough offers a driver reemployment after the driver
has been referred to an alcohol and substance abuse professional and
the driver has undergone all recommended treatment, the driver will
be tested for alcohol and drugs prior to returning to duty.
[Res. 2-96, 1/2/1996, § 6]
Any driver who has returned to duty after a positive alcohol
or drug test will be subject to unannounced follow-up tests for a
period up to 60 months. There will be a least six follow-up tests
for alcohol and three follow-up tests for drugs given during the first
12 months. All follow-up tests will be paid for by the Borough.
[Res. 2-96, 1/2/1996, § 7]
1.
The Borough will establish an Employee Assistance Program, which
will include the following:
A.
An educational and training component for drivers, addressing alcohol
and controlled substances.
B.
An educational and training component for supervisory personnel,
addressing alcohol and controlled substances.
C.
A written statement on file and available for inspection, outlining
the Borough's EAP.
2.
The EAP training program for all drivers and supervisory personnel
will consist of at least 60 minutes of training. The training program
will also include the following elements;
A.
The effects and consequences of alcohol and/or controlled substance
use on personal health, safety and the work environment.
B.
The manifestations and behavioral causes that may indicate alcohol
and/or controlled substance use or abuse.
C.
Documentation of training given to drivers and supervisory personnel.
[Res. 2-96, 1/2/1996, § 8]
The Borough will notify its drivers and driver applicants of
the results of tests conducted pursuant to the DOT regulation. Drivers
who test positive will also be advised specifically what drug or the
amount of alcohol that was discovered.
[Res. 2-96, 1/2/1996, § 9]
1.
All of the records relating to the administration and results of
Borough's alcohol and drug testing program for its drivers will be
maintained for a minimum period of five years, except that individual
negative test results will be maintained for a minimum of 12 months.
2.
There shall be a Medical Review Officer who is a licensed doctor
of medicine or osteopathy with knowledge of drug abuse disorders and
who is employed by the Borough to review alcohol and drug testing
results in accordance with the DOT regulations. The Medical Review
Officer for each subsidiary and/or division shall be the sole custodian
of individual test results for that division. The Medical Review Officer
shall retain the reports of individual test results for a minimum
of five years.
3.
The Borough shall retain in the driver's personnel medical file information
indicating only the following:
4.
The Borough will also maintain an annual (calendar) year summary
of the records related to the administration and results of the testing
program for its drivers under the DOT regulations.
[Res. 2-96, 1/2/1996, § 10]
No person may obtain the individual test results retained by
the Medical Review Officer, and no Medical Review Officer shall release
the individual test results of any employee to any person, without
first obtaining written authorization from the tested individual,
unless otherwise required by law.
[Res. 2-96, 1/2/1996, § 11]
1.
Employees shall not use, sell, possess or receive alcohol and illegal
drugs, or distribute or sell prescription drugs while on duty. Violation
of these rules will subject the employee to discipline up to and including
termination, subject to any applicable provisions and procedures of
a collective bargaining agreement. Illicit drugs includes prescription
drugs for which the employee does not have a valid prescription.
2.
The Borough reserves the right, upon reasonable suspicion, to ask
for consent to search the vehicle or personal property of any employee
during working hours, or while on the Borough property or designated
work place.
3.
Any employee refusing to consent to or cooperate with a reasonable
search or investigation will be relieved of duty and removed from
the work place resulting in appropriate disciplinary action up to
and including possible termination, for insubordination.
4.
Prescription drugs must be kept in their original container identifying
the drug, dosage, date of prescription and physician. Employees are
required to notify their supervisor if taking a prescription drug
that could impair their working ability or altertness.
5.
Third party or contractor employees while on the Borough property
will also be subjected to this Part, with violations resulting in
removal from the premises.
[Res. 2-96, 1/2/1996, § 12]
The Borough reserves the right to add to, change or modify this
Part in its sole discretion, and to terminate any employee at any
time, except as those rights are restricted by law or by any applicable
collectible bargaining obligation or agreement. The Borough encourages
every employee and prospective employee voluntarily to comply with
this Part not only for his or her own safety, but for the safety of
others. Because of its importance, the Borough will take all necessary
steps to ensure implementation of and compliance with this Part.
[Res. 2-96, 1/2/1996, § 13]
This Part will be limited by any applicable Federal or State
law or municipal ordinance, and by any applicable collective bargaining
agreement. Any portion of this Part which directly conflicts with
such a collective bargaining agreement will not be implemented for
that bargaining unit, but shall be severable and shall not affect
the validity and enforcement of the remainder of this Part.
[Res. 2-96, 1/2/1996, § 14]
This Part and this document (or any accompanying document executed
or delivered pursuant to or in connection with this Part) are not
intended to confer any contractual or other rights or claims in favor
of the Borough employee. Any failure to implement this Part or any
part thereof, any variation, addition or omission to the procedures
set forth in the Part shall not confer any contractual or other rights
or claims in favor of the employee not otherwise conferred by law.
Employee shall remain as an employee-at-will.
[Res. 2-96, 1/2/1996, § 15]
|
The job applicant shall sign a consent form in the following
form:
| |
|---|---|
|
I, ______________________________, understand that the Borough
policy on drug/alcohol abuse requires that all job applicants or new
employees for positions requiring a CDL will be tested and that management
may request a test randomly and for "cause" for the presence of alcohol/drugs
in my body. I acknowledge that a confirmed positive test may cause
me to be not hired or to be removed from the payroll and subject to
discipline up to and including discharge or with a recommendation
to attend a drug/alcohol rehabilitation program. I fully understand
that if I should refuse to take the test I will not be hired or could
be suspended from my job without pay or terminated for insubordination.
I also understand that the test results will be kept in confidence
and handled by authorized management personnel.
| |
|
I hereby consent ( ) or refuse ( ) to take the drug/alcohol
test.
| |
|
I acknowledge that this document (or any accompanying document
executed or delivered pursuant to or in connection with the Policy)
is not intended to confer any contractual or other rights or claims
in my favor [and that I remain employed at-will].
|
