[HISTORY: Adopted by the Board of Commissioners of the Township
of North Versailles as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-18-1995 by Ord. No. 943 (Ch. 1, Part 8, of the
1987 Code of Ordinances)]
All employees of North Versailles Township who operate equipment
for which the operator must possess a CDL are covered by this article.
It is declared to be the policy of North Versailles Township
that drugs and alcohol will not be permitted in the workplace, that
all commercial drivers must be in full compliance with the UCDL Act
and that North Versailles employees will be governed by this article
and the UCDL Act.[1]
A.
The unlawful manufacture, distribution, dispensing, possession or
use of illegal drugs or alcohol is prohibited in the Township workplace.
B.
Illegal drug usage, whether on or off the job, may adversely affect
an employee's job performance and jeopardize the safety of other
employees and the general public. As such, it is just cause for disciplinary
action up to and including termination of employment.
C.
Employees are not permitted to perform safety-sensitive functions
within four hours after using alcohol. Employees are not permitted
to use alcohol during work hours. No driver shall use alcohol for
eight hours following an accident or until he or she undergoes a postaccident
alcohol test, whichever comes first.
D.
If an employee reports to work in a condition giving a supervisor
reasonable cause to suspect the influence of alcohol or illegal drugs,
the employee may be required to submit to blood or a breath and urine
drug test. If the tests reveal that the employee has an alcohol level
greater than 0.04 or has illegal drugs in his or her system, the employee
may be subject to disciplinary action up to and including termination
of employment. An employee with an alcohol level of 0.02 to 0.039
will not be permitted to perform safety-sensitive functions for 24
hours.
E.
When there is reasonable cause, vehicles, lockers and/or related
personal areas may be searched without prior notice to ensure a work
environment free of alcohol and illegal drugs. Any employee found
to have illegal drugs in his or her vehicle, locker and/or related
personal area will be subject to immediate disciplinary action up
to and including termination of employment.
F.
Any employee who may be undergoing medically prescribed treatment
with a controlled substance which may limit his or her ability to
perform on the job must report this treatment to his or her supervisor
prior to beginning work. Failure to report as required by this subsection
shall be cause for disciplinary action.
G.
It is a condition of continuing employment with the Township for
an employee to notify the Township if he or she is convicted under
federal or state statute for the use, sale or distribution of drugs.
Such notification must occur within five days of conviction.
[1]
Editor's Note: The Uniform Commercial Drivers License Act
(UCDL Act) is codified at 75 Pa.C.S.A. § 1601 et seq.
The Township may, at its option, conduct drug testing for the
following reasons: preemployment testing, at random, with reasonable
suspicion, post-accident, fitness for duty and follow-up to a positive
drug test. Alcohol will be tested for all the above circumstances.
A.
Preemployment. Prior to employment, all applicants will be required
to undergo drug screening. Applicants who test positive will be denied
employment. Failure to consent to this screen will be considered as
withdrawal of one's application for employment.
B.
Random testing. To encourage year round avoidance of illegal drugs,
and to be in compliance with governmental regulations, Township will
conduct random tests of CDL drivers at an annualized rate of 50% for
drugs and 25% for alcohol. Those to be tested will be selected at
random, which means that every driver, whether previously tested or
not, has an equal chance to be tested every time tests are conducted.
Once an individual is notified of the test, he or she must go to the
collection site immediately.
C.
Reasonable suspicion testing. May be conducted based upon, among
other things:
(1)
Direct observation of drug use or possession and/or physical symptoms
of being under the influence of an illegal drug or alcohol.
(2)
A pattern of abnormal conduct or erratic behavior.
(3)
Arrest, indictment or conviction for a drug or alcohol related offense
or identification of the employee as the focus of a criminal investigation
into illegal drug possession, use or trafficking.
Such testing shall be required for drivers and codrivers who
are involved in an accident where death occurs or when the driver
issued a citation by the police for a moving violation. The drug and/or
alcohol test shall be conducted as soon as possible after the accident
takes place.
An employee found to have engaged in prohibited drug and alcohol
conduct shall submit to return to duty drug and alcohol testing prior
to performing safety-sensitive functions.
Employees who have engaged in illegal drug or alcohol use shall
be required to submit to drug and alcohol testing a minimum of six
times for 12 months following the incident. The number of tests may
be greater, at the discretion of the Township or the designated substance
abuse professional. Cost of follow-up testing will be borne by Township.
Urine specimens will be screened for the following classes of
drugs and at the cutoffs listed below:
|
Immunoassay
|
GC/MS
| |
|---|---|---|
|
Drug
|
Screen Cutoffs
(ng/ml)
|
Confirmation Cutoffs
(ng/ml)
|
|
Amphetamines
|
1,000
|
500
|
|
Cannabinoids (marijuana)
|
50
|
15
|
|
Cocaine and metabolite
|
300
|
150
|
|
Opiates
|
300
|
300
|
|
Phencyclidine (PCP)
|
25
|
25
|
The alcohol test will be conducted by a certified breath alcohol
technician (BAT) using an evidential breath testing (EBT) device which
is approved by the National Highway Safety Administration (NHTSA),
or by blood sample at a hospital selected by the Township from time
to time. Tests will be conducted in an area where confidentiality
of results is assured. If the alcohol breath testing indicates an
alcohol concentration 0.02 or greater, a confirmation test must be
done 15 minutes to 20 minutes later.
Township must follow the guidelines established by the National
Institute on Drug Abuse (NIDA) for collection, handling and storing
blood and urine specimens and must meet chain of custody requirements.
Alcohol testing can be done by a certified breath alcohol technician
(BAT) using an approved evidential breath testing (EBT) device, or
by taking a blood sample at a hospital with appropriate hospital personnel.
A.
Unobserved specimen collection. Individuals shall be permitted to
provide urine specimens in private and need not be directly observed
at the discretion of the Township.
B.
Observed specimen collection. Must occur under the following conditions:
(1)
When the specimen falls outside the range of 90.5° F. to 99.8°
F. or shows signs of contamination.
(2)
When a previous urine specimen provided by the individual was determine
by the laboratory to have a specific gravity of less than 1.003 and
a creatinine concentration below 0.2 g/l.
(3)
When the collection site person observes conduct clearly indicating
an attempt to substitute or adulterate the sample.
Only laboratories certified by the National Institute on Drug
Abuse (NIDA) and the Department of Health and Human Service (DHHS)
to conduct workplace testing programs will be used to analyze urine
specimens. The NIDA/DHHS certification indicates that the laboratory
meets the highest standards for drug testing.
The Township, from time to time, will designate a qualified
person to review and interpret test results obtained through drug
testing. The person shall be knowledgeable in the medical use of prescription
drugs and the pharmacology and toxicology of illicit drugs.
A.
The designated person will receive test results from the laboratory
and evaluate them before notifying the Township. Prior to notifying
the Township, the person will conduct a medical interview, via phone
or in person, to discuss the individual's medical history and
other biomedical factors. He will receive all medical records made
available by the tested employee or in the possession of the Township
to determine if there might be a legitimate medical reason to a confirmed
positive test. If there is, the person will report the test as negative.
B.
If the designated person is unable to reach the person who tested
positive, he shall report his efforts to contact the driver to the
Township. As soon as possible, the Township shall request the driver
to contact the designated person prior to dispatching the driver or
within 24 hours, whichever is sooner.
C.
Reports of drug test results. The designated person will forward
results only to the person designated by the Township to receive such
results. He shall report whether an individual's test is negative
or positive. If positive, he will identify the substance for which
the test was negative.
After the designated person informs a driver that he will be
reported to the Township as testing positive for illegal drug use,
the driver has the right to request that the split sample be tested
at another NIDA/DHHS laboratory. The driver must make this request
to the designated person within 72 hours after the MRO driver evaluation
call or visit. The cost of the second laboratory analysis and MRO
review will be borne by the driver.
Following a confirmed alcohol test of 0.02% or greater, the
person in charge of the testing process must immediately report the
results to the Township representative designated to receive this
information. This is done so that the Township can take steps to ensure
the driver testing positive will not drive his or her vehicle. The
designated Township representative must provide the testing sites
with a telephone number where the representative can be reached at
all times.
A.
A driver who is found to have a breath or blood alcohol concentration
of 0.02% or greater, but less than 0.04% shall not be allowed to perform
safety-sensitive functions for at least 24 hours following the administration
of the test.
B.
A driver testing positive for drugs or having a breath or blood alcohol
concentration of 0.04% or greater will not be allowed to perform safety-sensitive
functions until he or she has a negative drug or alcohol test.
C.
If a driver refuses to submit to required drug and alcohol testing,
he or she will not be allowed to perform safety-sensitive functions.
In this event, it will be deemed to be a confirmed illegal drug and/or
alcohol use.
D.
If a driver fails to appear for testing, it will be considered as
a refusal to test and the driver will not be allowed to perform safety-sensitive
functions. In this event, it will be deemed to be a confirmed illegal
drug and/or alcohol use.
E.
Termination of the employee is mandatory after a third confirmed
finding of illegal drug or alcohol use.
Under DOT/FHWA drug and alcohol regulations, any driver who
engages in prohibited drug or alcohol conduct shall be referred to
a substance abuse professional (SAP) for an evaluation and possible
referral to a counseling or treatment program. The SAP may make specific
recommendations for follow-up drug and alcohol testing which could
last as long as 60 months from a driver's return to duty date.
No driver may return to duty without a negative drug and alcohol test
and a evaluation by the SAP that the driver has properly followed
the rehabilitation program presented by the SAP. The cost of SAP service
shall be borne by the individual.
[Adopted 5-20-2002 by Ord. No. 999]
Harassment on the basis of a person's sex by a supervisor,
coworker or other person is a discriminatory practice which violates
federal law and regulations. Aside from being illegal, sexual harassment
undermines the integrity of individual work relationships and damages
the morale of the entire work force.
It is the policy of the Township of North Versailles to prohibit
all forms of illegal discrimination including that which is based
upon a person's sex. Accordingly, any practice or activity which
constitutes sexual harassment is strictly forbidden within Township
workplaces and may, if substantiated in accordance with this policy,
result in disciplinary action.
Any unwelcome sexual advances, requests for sexual favors
and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly
a term or condition of a person's employment; or
Submission to or rejection of such conduct by a person is used
as a basis for employment decisions affecting that person; or
Such conduct has the purpose or effect of unreasonably interfering
with a person's work performance; or
Such conduct creates an intimidating, hostile or offensive work
environment.
Sexual harassment is a serious violation of work rules of the
Township and, if proven, shall be grounds for the imposition of discipline
including, but not limited to, discharge without support or prior
occurrence or disciplinary action.
