[Res. 1995-8, 12/12/1995, § 1]
1. To comply with the requirements of employers pursuant to the Federal
legislation concerning commercial drivers licenses (CDL) pursuant
to the Omnibus Transportation Employee Testing Act of 1991 and the
Federal regulations thereto insofar as they apply to this Township.
2. To conform the employment policies of this Township with the requirements
of said law and regulations.
[Res. 1995-8, 12/12/1995, § II]
This policy shall apply only to those employees and applicants
for employment who are required to have a CDL license for their employment
by the Township and who are assigned to operate Township owned, leased
or borrowed vehicles or equipment requiring CDL licensure.
[Res. 1995-8, 12/12/1995, § III]
The regulations of the Federal Highway Management Administration
are hereby adopted by reference insofar as they apply to this Township
and this policy.
[Res. 1995-8, 12/12/1995, § IV]
1. Employees shall not use, sell, possess or receive alcohol or illegal
drugs, or distribute or sell prescription drugs while on duty. Violation
of these rules will subject the employee to discipline and/or dismissal
pursuant to the provisions of § 1007 of this Part, subject
to any applicable provisions and procedures of the collective bargaining
agreement in effect, if any.
2. Prescription drugs must be kept in their original container identifying
the drug, dosage, date of prescription and physician. Employees are
required to notify their designated supervisory personnel if they
are taking a prescription drug and shall file with the Township a
statement on a form provided by the Township from the doctor who issued
such prescription stating whether or not such prescription drug will
impair the employee's ability to operate a CDL vehicle or equipment.
The term "illegal drug" shall include drugs for which the employees
does not have a valid prescription, and cocaine, phencyclidine (PCP),
marijuana, opiates (including heroin), amphetamines and such other
illegal drugs as may be identified from time to time.
[Res. 1995-8, 12/12/1995, § V]
The following drug and alcohol test procedures shall be applicable
to all employees and applicants for employment to whom this policy
applies:
A. Pre-employment. All applicants for employment shall be tested for
drugs prior to acceptance for employment by the Township. Any applicant
testing positive shall not be considered for employment. The Township
will reimburse applicant for the cost of this test if the test is
negative and if employment is offered to and accepted by applicant.
B. Random. The Township will implement a random testing procedure which
meets the requirements of the Federal regulations. The procedure shall
include Township paid tests of affected employees on a random basis
and shall be conducted without any advance notice; but shall be done
not less than on a quarterly basis. The number of affected employees
selected shall be at least 50% of the employees for drug testing and
25% of the employees for alcohol testing annually; provided, however,
that the requirements of this policy shall be satisfied if the above
percentages are selected from a pool of employees which includes the
Township's employees.
C. Reasonable Cause. Any employee giving reasonable cause to believe
that he or she is in violation of the policy established in § 1004,
above, shall be subjected to Township paid testing immediately upon
observation of such reasonable cause by trained supervisory personnel.
Reasonable cause shall be limited to behavior or conduct observed
at the workplace or en route to a workplace during working hours.
Observation shall be by supervisory personnel who have received at
least one hour of training in drug use detection and one hour of training
in alcohol use detection. Supervisory personnel making reasonable
cause observations shall make and file with the Township a written
report on a form provided by the Township of the attendant circumstances.
Such reports shall be confidential.
D. Post Accident. Any employee involved in an accident as defined herein
shall be tested at the Township's expense for drugs as soon after
an accident occurs as is possible, but not later than 32 hours, and
for alcohol as soon after an accident as possible, but not later than
eight hours. Provided:
(1)
Testing should not take precedence over needed medical treatment
or other needed emergency measures.
(2)
If for any reason the tests cannot be obtained within the times
provided, the tests shall not be administered. However, a refusal
to submit to a test or interfering with the successful completion
of such a test shall be deemed a positive test result in accordance
with § 1006.
(3)
No employee shall consume alcohol or illegal drugs between the
time of the accident and the test administration.
(4)
An accident shall include any occurrence involving a CDL vehicle
where the following conditions occur:
(a)
There is a fatality regardless of fault.
(b)
There is issuance of a citation to the Township CDL employee
for a moving violation, and (i) bodily injury of any person involved
requiring transportation of the injured person away from the accident
scene for treatment or (ii) vehicular damage requiring the vehicle
to be towed from the scene.
[Res. 1995-8, 12/12/1995, § VI; as amended by Res.
1996-8, 5/14/1996]
Any refusal or failure by the CDL employee or applicant to submit
to any test required by this Part or the applicable law shall be deemed
to be a positive result. Refusal to submit to a test under this policy
shall include any act or omission which prevents, thwarts or frustrates
the objectives of this policy including, without limitation, the following:
(1) refusal to submit in a timely fashion to testing; (2) refusal
or failure by the employee or applicant to complete, sign or initial
the required testing form; (3) refusal or failure without good cause
to provide any sample or provide an adequate sample for testing; and/or,
(4) failure or refusal to otherwise cooperate with the testing process
in a way which prevents the completion of any required test:
A. Alcohol Testing. The Township shall provide or arrange transportation
to or from the testing site, the job site or the employer's facilities,
as appropriate, under the following circumstances:
(1)
All probable cause tests.
(3)
Upon employer receipt of notification of a positive drug test.
(4)
All alcohol tests with results of greater than 0.02 breath alcohol
level.
(5)
If the employee's supervisor has reason to believe that
the employee has engaged in prohibited drug and/or alcohol conduct
regardless of whether the employee would be required to submit to
a probable cause test.
B. Drug Testing. Drug testing shall be conducted by urine sample which
shall be analyzed at a Federally approved testing facility. Any test
result showing the presence of illegal drugs shall be considered a
positive test and shall subject the employee to the disciplinary provisions
of § 1007 of this Part. Any employee testing positive for
illegal drugs may request a split sample of the same specimen to be
retested, at the employee's expense. Employees should speak with
the Medical Review Officer about such request.
[Res. 1995-8, 12/12/1995, § VII]
1. No Return to Duty. An employee who tests positive for a drug and/or
alcohol test shall subject the employee to immediate dismissal by
the Township.
[Res. 1995-8, 12/12/1995, § VIII; as amended by
Res. 2007-3, 3/13/2007]
1. Employees will be notified of their positive test results. Test results
shall be retained by the Medical Review Officer responsible for analyzing
the employees test results. Said results shall be held in strictest
confidence and shall be accessible only to the employee, the employer
and such other persons authorized by law and shall not be released
to any other person except with the written consent of the employee.
The results of tests made known to the Township may be released to
future employers in accordance with the Federal regulations.
2. An employee who receives a "negative but dilute" test result will
be subject to an immediate re-test on the order of the Medical Review
Officer. In the event the MRO does not require a re-test for a "negative
but dilute" random drug test result, this employer will require any
employee to submit to a re-test immediately upon receipt of notification
of the "negative but dilute" random test result if the creatinine
concentration of the dilute specimen is greater than 5 mg/dl. Such
retest must not be collected under direct observation.
[Res. 1995-8, 12/12/1995, § IX]
All file, documents and records of the Township related to the
application of this Part to individual employees shall be deemed and
kept confidential by the Township.
[Res. 1995-8, 12/12/1995, § X]
1. All of the records relating to the administration and results of
the Township's alcohol and drug testing program for its CDL drives
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. Tests will be conducted by a licensed facility and will be analyzed
by a Medical Review Officer. The Medical Review Officer who is appointed
shall be a licensed doctor of medicine or osteopathy with knowledge
of drug and alcohol abuse disorders and who is employed by the Township,
or group which the Township has joined, to conduct alcohol and drug
testing in accordance with the Federal regulations. The Medical Review
Officer shall be the sole custodian of individual test results. The
Medical Review Officer shall retain the reports of individual test
results for a minimum of five years.
3. The Township shall retain in the employee's personnel file information
indicating only the following:
A. The employee submitted to a drug and/or alcohol test.
C. The location of such test.
D. The identity of the person or entity performing the test.
E. The test result (e.g. "positive" or "negative").
The Township 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 Federal regulations.
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[Res. 1995-8, 12/12/1995, § XI]
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 requested by law.
[Res. 1995-8, 12/12/1995, § XII]
The Township shall establish the following:
A. A list of consultative and treatment services available in the area
for drug and alcohol abuse problems. Said list shall be given to each
employee or posted at a place readily accessible to employees.
B. A list of educational and training resources available in the area
for drug and alcohol abuse problems. Said list shall be given to each
employee or posted at place readily accessible to employees.
C. A place or service for referring employees who test positive for
drugs or alcohol for consultation and treatment.
D. A one-hour training and educational program for employees.
E. One-hour training each in drug and alcohol detection and related
matters for supervisory personnel. Said training programs shall include
the following components:
(1)
Effects of drug and alcohol abuse on health and safety.
(2)
Manifestations of abuse and abuse detection.
(3)
Documentation of training and implementation of this policy.
[Res. 1995-8, 12/12/1995, § XIII]
The following entity is designated by the Township for the purpose
of providing information to employees concerning the Federal laws
and regulations governing the testing of CDL employees and for implementing
and monitoring the Township's compliance with the Federal testing
program:
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PSATS CDL Drug and Alcohol Testing Program
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3001 Gettysburg Road
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Camp Hill, PA 17011
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Phone: 1-800-235-7579
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Fax: 1-717-763-9732
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Designation of the PSATS program as available to provide information
to the Township's employees shall continue for as long as the
Township is a member in good standing in the PSATS program.
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[Res. 1995-8, 12/12/1995, § XIV]
1. This policy shall be implemented with the constitutional and legal
rights of the employees subjected to it.
2. This policy shall not be deemed to be a covenant of employment or
other form of covenant or contract between the Township and any employee.
3. Any collective bargaining agreement entered by the Township subsequent
to the adoption of this policy shall conform with the provisions of
this policy.
4. Any agreement for the sharing, leasing, lending or other transfer
of CDL employees between the Township and any other municipality or
private enterprise shall address in writing the status of said employees
as to whether they are employees of the receiving entity during the
period of the transfer.
5. Any contract for services involving CDL employees shall expressly
state whether the contracting party is an independent contractor or
employee/agent of the Township.
6. The definition of terms shall be as contained in the relevant Federal
regulations.
7. A copy of this policy shall be delivered to every employee and applicant
for employment who is subject to it and to all supervisory personnel.
Such employee shall sign an acknowledgment of receipt of the policy.
8. A copy of the controlling law and Federal regulations shall be maintained
in the Township offices and shall be accessible to employees, upon
request.
9. This policy will be limited by any applicable Federal or State law
or municipal ordinance, and by any applicable collective bargaining
agreement. Any portion of this policy which directly conflicts with
such a law, ordinance or agreement will not be implemented in that
jurisdiction or bargaining unit, but shall be severable and shall
not affect the validity and enforcement of the remainder of the policy.
10. Employees agree to waive any liability against the Township arising
out of the Township's administration of this policy and its administration
of the program established pursuant to the Federal law or regulations
regarding the Township's responsibility for CDL drivers.