Village of Castleton-on-Hudson, NY
Rensselaer County
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Table of Contents
Table of Contents
The Village of Castleton-on-Hudson recognizes that the use and/or abuse of alcohol or controlled substances by drivers of commercial vehicles or employees in safety-sensitive positions present a serious threat to the safety and health of employees and the general public. It is the policy of the Village that its drivers and safety-sensitive support personnel should be free of drugs and alcohol in compliance with the Omnibus Transportation Employee Testing Act of 1991. The Village has implemented a drug and alcohol testing program which is designed to help reduce and avoid traffic accidents and injuries to our employees and the public, to discourage substance and alcohol abuse and to reduce other drug and alcohol-related problems.
For purposes of this policy, the Village strictly prohibits the use of alcohol and/or controlled substances by its employees who are performing, ready to perform or ceasing to perform the following safety-sensitive job functions:
A. 
Operation of a commercial motor vehicle. (A listing of covered job titles is provided in Appendix B.)[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
A. 
The Village policy prohibits employees from engaging in the following conduct. Any employee who violates any of the rules set forth below is subject to discipline, up to and including termination:
(1) 
Using, possessing, dispensing, distributing, selling or receiving alcohol, intoxicants, illegal drugs or other controlled substances on Village premises or while engaged in Village business.
(2) 
Reporting to work under the influence or with any measurable amount of alcohol, intoxicants, illegal drugs or other controlled substances in their system.
(3) 
Reporting to work under the influence of a prescription drug, unless the employee's physician determines that the use of the prescription drug will not adversely affect the employee's ability to perform a safety-sensitive function. Note that the federal regulations include prescription medications containing alcohol in the substances banned from use in the workplace. Therefore, employees should not report for duty while taking prescription medications if such medication contains any measurable amount of alcohol.
(4) 
Consuming any amount of alcohol, intoxicants, illegal drugs or other controlled substances while on duty or within four hours of reporting for duty.
(5) 
Refusing to undergo or cooperate in any alcohol or drug testing required by this policy.
(6) 
Misusing the policy in regard to subordinates.
(7) 
Providing false information in connection with a test, falsifying test results through tampering, contamination, adulteration or substitution.
B. 
Prohibited alcohol usage. Safety-sensitive employees may not consume alcohol:
(1) 
Within four hours before performing a safety-sensitive function.
(2) 
While performing a safety-sensitive function.
(3) 
After a fatal accident unless the employee has been tested or eight hours have elapsed from the actual time of the accident.
(4) 
After a nonfatal accident unless the employee's involvement can be completely discounted as a contributing factor to the accident, the employee has been tested or eight hours have elapsed from the actual time of the accident.
C. 
Prohibited use of controlled substances. The unauthorized use of any controlled substances is strictly prohibited in all situations.
For purposes of this Anti-Drug and Alcohol Misuse Plan, the following definitions apply:
A. 
An occurrence involving a commercial motor vehicle operating on a public road which results in:
(1) 
A fatality;
(2) 
Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(3) 
One or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.
B. 
If an employee is ticketed for a moving traffic violation as a result of an accident while driving a commercial motor vehicle, the employee is subject to a drug and alcohol test under the plan.
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION (OR CONTENT)
The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this part.
ALCOHOL USE
The consumption of any beverage, mixture or preparation, including any medication containing alcohol.
BREATH ALCOHOL TECHNICIAN (BAT)
An individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device (EBT).
COLLECTION SITE
A designated clinic/facility where applicants or employees may present themselves for the purposes of providing a specimen of their urine to be analyzed for the presence of drugs or providing a sample of their breath to be analyzed for the presence of alcohol.
COMMERCIAL MOTOR VEHICLE
A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
A. 
Has a gross combination rating of 26,001 pounds or more, inclusive of a towed unit with a gross vehicle weight of more than 10,000 pounds;
B. 
Has a gross vehicle weight rating of 26,001 pounds or more;
C. 
Is designed to transport 16 passengers or more, including the driver; or
D. 
Is of any size and is used in the transportation of materials found to be hazardous for the purpose of the Hazardous Materials Transportation Act which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR 172, Subpart F).
CONFIRMATION TEST
A second test following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration. For controlled substances, "testing" means a second analytical procedure to identify the presence of a specific drug or metabolite, which is independent of the screen test and which uses a different technique and chemical principal from that of the screen test in order to ensure reliability and accuracy [gas chromatography/mass spectrophotometry (GC/MC) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines and phencyclidine].
CUTOFF LEVELS
The minimum value established for designating a test result as positive.
DRIVER
Any person who operates a commercial motor vehicle. This includes, but is not limited to, full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers; and independent, owner-operator contractors who are either directly employed by or under lease to an employer or who operate a commercial motor vehicle at the direction of or with the consent of any employer. For the purposes of a preemployment or preduty testing only, the "driver" includes a person applying to drive a commercial motor vehicle.
DRUGS (PROHIBITED)
All controlled substances, including but not limited to marijuana, cocaine, amphetamines, phencyclidine and/or opiates.
FAIL A DRUG TEST or TEST POSITIVE
The confirmation test result shows positive evidence of the presence under DOT procedures of a prohibited drug in the employee's or applicant's system.
MEDICAL REVIEW OFFICER (MRO)
A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with that individual's medical history and any other biomedical information.
PASS A DRUG TEST or TEST NEGATIVE
That initial testing or confirmation testing under DOT procedures does not show evidence of the presence of a prohibited drug in the employee's or applicant's system.
REFUSE TO SUBMIT TO AN ALCOHOL OR CONTROLLED SUBSTANCE TEST
An employee either:
A. 
Fails to provide adequate breath for testing without a valid medical explanation after he or she received notice of the requirement for breath testing in accordance with the provisions of this part;
B. 
Fails to provide adequate urine for controlled substances testing without a valid medical explanation after receiving notice of the requirement for urine testing in accordance with the provisions of this part; or
C. 
Engages in conduct that clearly obstructs the testing process.
SCREENING TEST (also known as "INITIAL TEST")
An analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means a immunoassay screen to eliminate negative urine specimens from further consideration.
SUBSTANCE ABUSE PROFESSIONAL (SAP)
A licensed physician (medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
A. 
Drug/alcohol program manager (DAPM). Appendix A identifies the responsible individual(s).[1] The DAPM shall be responsible for the preparation of the Drug and Alcohol Testing Policy which complies with requirements of the Department of Transportation regulations as set forth in 49 CFR, Parts 382 and 40. The DAPM shall be responsible for:
(1) 
Providing oversight and evaluation of the policy.
(2) 
Providing guidance and counseling.
(3) 
Reviewing of all discipline applied under the policy for consistency and conformance to the Personnel Department's policies and procedures.
(4) 
Overseeing the third-party administrator.
(5) 
Maintaining a secure file system on drug/alcohol testing results.
(6) 
Keeping all necessary records.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B. 
Third-party administrator (TPA).
(1) 
It is the intent of the Village to contract with a private health care system provider as a third party administrator (see Appendix A). The TPA will be responsible for:
(a) 
Scheduling random drug and alcohol testing.
(b) 
Collection of all drug and alcohol samples at a testing site(s) meeting the requirements of the OTETA regulation 40.25.
(c) 
Providing all alcohol testing using EBT devices which meet the guidelines and specifications of the Nation's Highway Traffic Safety Administration.
(d) 
Providing all drug testing, including blind testing in compliance with the OTETA requirements.
(e) 
Providing the service of a certified MRO as required by the OTETA.
(f) 
Keeping all necessary records associated with the services provided.
(2) 
The Village shall ensure that all covered employees are aware of the provisions and coverage of this policy.
C. 
Supervisors. Supervisors are responsible for observing the performance and behavior of employees, documenting events which might require reasonable cause testing and requesting a second supervisor for substantiation and concurrence for reasonable cause testing, if available. A listing of titles designated as supervisor is provided in Appendix B.
D. 
Covered employees. Each covered employee has the responsibility to be knowledgeable of the requirements of the plan and to fully comply with the provisions of the plan. Covered employees must notify their supervisor of any criminal drug statute conviction within five days of such conviction. Upon receipt of such notification or other notice for a violation occurring within the workplace, the Village will, as required by law, advise the appropriate governmental agency to which it has a contract of such conviction. A covered employee using drugs prescribed by a licensed physician or any other therapeutic drug use is required to notify his/her supervisor when such use may impact the employee's ability to perform his duties safely.
A. 
Applicability.
(1) 
Individuals subject to drug and alcohol testing. Any employee who has a CDL for the performance of his duties under 49 CFR 382 or who is performing safety-sensitive functions would be subject to drug/alcohol testing under the plan. Refer to Appendix B for specific job titles subject to testing under the plan.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2) 
Procedure for notifying employees. All covered employees will be provided a complete copy of the policy and plan (see Appendix F).[2]
[2]
Editor's Note: Appendix F is included as an attachment to this chapter.
(3) 
Substance for which testing must be conducted.
(a) 
The county shall test each covered employee listed in Appendix B for evidence of the following substances:
Marijuana
Cocaine
Opiates
Phencyclidine (PCP)
Amphetamines
Alcohol
(b) 
The cutoff levels for detecting these drugs/alcohol are follows:
Initial Test Cutoff Levels
(ng/ml)
Marijuana metabolites
50
Cocaine metabolites
300
Amphetamines
1,000
Phencyclidine
25
Opiates metabolites
3001
Alcohol
0.02(g/l)
NOTES:
1
25 ng/ml if immunoassay specific for free morphine.
Confirmatory Test Cutoff Levels
(ng/ml)
Marijuana metabolite
15
Cocaine metabolites
150
Opiates
Morphine
300
Codeine
300
Phencyclidine
25
Amphetamines
Amphetamine
500
Methamphetamine
500
Alcohol
0.02 (g/1)
B. 
Required drug and alcohol tests.
(1) 
Preemployment/preassignment testing. A preemployment drug and alcohol test must be conducted before an individual is hired or contracted and when an individual is transferred/promoted from a noncovered to a covered position. This also applies to employees returning from paid or unpaid leave of 30 days or more who have not participated in the drug and alcohol testing policy and have not been subject to the random selection process. A negative test is required prior to performing safety-sensitive functions.
(2) 
Post-accident testing. If the accident involves a commercial motor vehicle and falls within the definition of accident described in § A213-4, the employee shall be drug tested as soon as possible but no later than 32 hours after the accident (see Appendix D).[3] Each employee shall also be tested for alcohol within two hours of the accident if possible but no later than eight hours after the accident. The Village must take all reasonable steps to obtain a urine specimen and breath sample from an employee after an accident, as defined above, but any injury should be treated first.
[3]
Editor's Note: Appendix D is included as an attachment to this chapter.
(3) 
Random testing.
(a) 
The primary purposes of random testing are to deter prohibited drug and alcohol use and to ensure a drug-free and alcohol-free workforce. Regulations require that covered employees shall be subject to drug and alcohol testing on an unannounced and random basis. The Village shall conduct a number of drug tests on all covered employees equal to at least 50% of the average number of covered employees each calendar year, spread reasonably over a twelve-month period. In addition, the Village shall conduct a number of alcohol tests on covered employees each calendar year, spread reasonably over a twelve-month period. The following is an outline of the key aspects of the random testing selection process:
[1] 
Employees remain in the random selection pool at all times, regardless of whether or not they have been previously selected for testing.
[2] 
Employees shall be selected for testing in a statistically random manner so that all persons within the group have an equal opportunity of selection on each occasion.
[3] 
The process will be unannounced as well as random. Employees will be notified that they have been selected for testing after they have reported for duty on the day of the collection. See Appendix C.[4]
[4]
Editor's Note: Appendix C is included as an attachment to this chapter.
(b) 
The employee notification and testing procedures are outlined in Appendix E.[5]
[5]
Editor's Note: Appendix E is included as an attachment to this chapter.
(4) 
Reasonable cause/suspicion testing.
(a) 
Reasonable cause/suspicion is designed to identify drug- and/or alcohol-affected employees who may pose a danger to themselves and others in their job performance. Employees may be at work in a condition that raises concern regarding their safety or productivity Supervisors must then make a decision as to whether there is reasonable cause to believe an employee is using or has used prohibited drug and/or alcohol (see Appendix D).[6] Supervisors will be provided with training designed to identify the signs and symptoms of drug and/or alcohol use.
[6]
Editor's Note: Appendix D is included as an attachment to this chapter.
(b) 
The decision to test must be based on a reasonable and articulate belief that the employee is using a prohibited drug and/or alcohol on the basis of specific, current, physical, behavioral or performance determination of reasonable cause. The factors to be considered include, but are not limited to, the following:
[1] 
Adequately documented pattern of unsatisfactory work performance, for which no apparent non-impairment-related reason exists, or a change in an employee's prior pattern of work performance.
[2] 
Physical signs and symptoms consistent with substance abuse.
[3] 
Evidence of illegal drug or alcohol use, possession, sale or delivery while on duty.
[4] 
Occurrence of a serious or potentially serious accident that may have been caused by human error or flagrant violations of established safety, security or other operational procedures.
(c) 
Any time an employee tests positive for alcohol (0.02) a supervisor will arrange to transport the employee from the collection site to the employee's home. Anytime an employee is drug tested under the reasonable cause or post-accident section of this policy, the employee shall not perform any safety-sensitive duties pending the receipt of the drug test results.
(5) 
Return-to-duty testing. An employee who refuses to take or fails a drug or alcohol test may not return to duty (i.e., perform safety-sensitive functions) until the employee passes a drug test and alcohol test, if applicable, and the substance abuse professional (SAP) has determined that the employee may return to duty (i.e., perform a safety-sensitive function). The Village SAP is listed in Appendix A.[7]
[7]
Editor's Note: Appendix A is included as an attachment to this chapter.
Compliance with the Village's drug and alcohol testing policy is a condition of employment. If an employee refuses to take a required test or fails a drug and/or alcohol test, he shall be removed from safety-sensitive functions and placed on leave without pay. Additional disciplinary action up to and including termination may result.
A. 
The Village shall not use any employee in a safety-sensitive function who either fails a drug test as verified by the MRO, fails an alcohol test as verified by the BAT or refuses to take a drug and/or alcohol test as required by this policy.
B. 
Before an employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by this policy, the employee shall undergo a return-to-duty drug and/or alcohol test with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol; or an illegal drug test with a verified negative result if the conduct involved illegal drugs.
C. 
In addition, each employee identified as needing assistance in resolving problems associated with alcohol misuse or illegal drug use shall be:
(1) 
Evaluated by the Village SAP to determine that the employee has properly followed any rehabilitation program prescribed by the SAP. The employee shall be responsible for all rehabilitation charges in excess of those covered under the Village medical plan.
(2) 
Subject to unannounced follow-up alcohol and illegal drug tests administered by the Village following the employee's return to duty. The number and frequency of such follow-up testing shall be prescribed by the SAP and conform to the OTETA regulations. The employee is responsible for the cost of return to duty and all follow-up testing.
A. 
General. All collection or testing of samples will be done by the third-party administrator listed in Appendix A.
B. 
Collection sites. The collection sites shall have all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage and shipping of urine specimens to a certified testing laboratory; and to conduct alcohol tests by a breath alcohol technician (BAT) trained to proficiency in the operation of the evidentiary breath testing device (EBT).
C. 
Certified laboratory. The testing laboratory shall be certified under DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; 53 Federal Register 11970, April 11, 1988, and subsequent amendments. The laboratory shall provide services in accordance with CFR Part 40 and Part 382. The name and address of each laboratory used by the third party administrator is contained in Appendix A.[1] The laboratory shall permit inspections by the Village, the FHWA Administrator and a representative of the state agency.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A. 
General information. The Village shall contract with the third-party administrator for the services of an MRO for this drug testing policy in accordance with the requirements of Title 49 CFR 40.33. The MRO shall be a licensed physician with knowledge of drug abuse disorders. The MRO shall review all negative and positive drug test results and interview individuals testing positive to verify the laboratory report before the Village is notified. The review of negative tests may be an administrative process to ensure the chain-of-custody procedures were intact.
B. 
Positive test results. Following verification of a positive test result, the MRO shall, as provided in the Village's policy, refer the case to the DAPM (or designee) for action.
C. 
Reconfirmation analysis. The MRO shall notify each employee with a confirmed positive test that the employee has 72 hours in which to request a test of the split specimen. If the employee requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct in writing the laboratory to provide the split specimen to another DHHS certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of the drugs(s) found in the primary specimen, is unavailable, inadequate for testing or not testable, the MRO shall cancel the test and report the cancellation and the reasons for it to the DOT, the Village and the employee.
D. 
Disclosure of information.
(1) 
Except as provided in this subsection, the MRO shall not disclose to any third-party medical information provided by the individual to the MRO as a part of the testing verification process. The MRO may disclose such information to the Village, DOT or other federal safety agency, or a physician responsible for determining the medical qualification of the employee under the appropriate DOT regulation, as applicable, only if:
(a) 
An applicable DOT regulation permits or requires such disclosure;
(b) 
In the MRO's reasonable medical judgment, the information could result in the employee being determined to be medically unqualified under any applicable DOT rule; or
(c) 
In the MRO's reasonable medical judgment, in a situation in which there is no DOT rule establishing physical qualification standards applicable to the employee, the information indicates that continued performance by the employee of his or her covered function could pose a significant safety risk.
(2) 
Before obtaining medical information from the employee as part of the verification process, the MRO shall inform the employee that information may be disclosed to third parties as provided in this subsection and the identity of any parties to whom information may be disclosed.
A. 
General information. The DAPM (or designee) shall maintain a locked file system which will contain drug and/or alcohol test results. This file shall be maintained as confidential. Employee files shall be handled on a strict need-to-know basis.
(1) 
Drug and/or alcohol test results shall not be included in personnel files. Information regarding an individual's drug and/or alcohol testing results or rehabilitation may be released only upon written consent of the affected employee, except:
(a) 
Such information must be released regardless of consent to DOT or other government agency as a part of an accident investigation; or
(b) 
Such information may be disclosed regardless of consent in a lawsuit, grievance or other proceeding initiated by or on behalf of the employee and arising from a verified positive drug and/or alcohol test.
(2) 
Statistical data related to drug and/or alcohol testing and rehabilitation that is not name-specified and training records may be released to DOT or other governmental agencies upon request.
B. 
Employee access. An employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol or drugs, including any records pertaining to his/her alcohol or drug test.
C. 
Location of records. All records required by 49 CFR shall be maintained and shall be made available for inspection at the Village's principal place of business within two business days after a request has been made by an authorized representative of the FHWA.