[Adopted 5-15-1996 by Ord. No. 1996-1]
The purpose of this article is:
A.
To comply with the requirements of employers pursuant to the federal
legislation concerning commercial drivers licenses (CDL) and pursuant
to the Omnibus Transportation Employee Testing Act of 1991 and the
federal regulations thereto insofar as they apply to this municipality.
B.
To conform the employment policies of this municipality with the
requirements of said law and regulations.
This article shall apply only to those employees and applicants
for employment who are required to have a CDL license for their employment
by the municipality and who are assigned to operate municipally owned,
leased or borrowed vehicles or equipment requiring CDL licensure.
The regulations of the Federal Highway Management Administration
are hereby adopted by reference insofar as they apply to this municipality
and this article.
A.
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 § 72-7 of this article, subject to any applicable provisions and procedures of the collective bargaining agreement in effect, if any.
B.
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 municipality
a statement, on a form provided by the municipality, from the doctor
who issued such prescription, stating whether or not such prescription
will impair the employee's ability to operate a CDL vehicle or equipment.
The term "illegal drugs" shall include drugs for which the employee
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.
The following drug and alcohol test procedures shall be applicable
to all employees and applicants for employment to whom this article
applies:
A.
Preemployment. All applicants shall be tested for drugs prior to
acceptance for employment by the municipality. Any applicant testing
positive shall not be considered for employment. The municipality
will reimburse the applicant for the cost of this test if the test
is negative and if employment is offered to the applicant.
B.
Random. The municipality will implement a random testing procedure
which meets the requirement of the federal regulations. The procedure
shall include municipally 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 article shall be satisfied
if the above percentages are selected from a pool of employees which
includes the municipality's employees.
C.
Reasonable cause. Any employee giving reasonable cause to believe that he or she is in violation of the policy established in § 72-4 above shall be subjected to municipally 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. Supervisory personnel making reasonable cause observations shall make and file with the municipality a written report on a form provided by the municipality 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 municipality'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 emergency measures;
(2)
If for any reason the tests cannot be obtained within the times provided, the tests shall not be administered. However, 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 § 72-6 below;
(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 municipality CDL employee
for a moving violation and bodily injury of any person involved requiring
transportation of the injured person away from the accident scene
for treatment or vehicular damage requiring the vehicle to be towed
from the scene.
A.
Any refusal
or failure by the CDL employee or applicant to submit to any test
required by this article or the applicable law shall be deemed to
be a positive result. Refusal to submit to a test under this article
shall include any act or omission which prevents, thwarts or frustrates
the objectives of this article, 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.
B.
Alcohol testing. Alcohol testing shall be conducted using a federally approved breathalyzer. Any employee receiving a test result greater than 0.02 but less than 0.04 breath alcohol level shall be removed from safety-sensitive duties as defined in the act and the regulations for 24 hours. Any test result greater than 0.04 breath alcohol level shall be considered a positive test and shall subject the employee to the disciplinary provisions of § 72-7 of this article.
C.
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 § 72-7 of this article. Any employee testing positive for illegal drugs may request a split sample of the sample specimen to be retested, at the employee's expense. Employees should speak with the Medical Review Officer about such request.
A.
An employee who tests positive for a drug and/or alcohol test will
be allowed to return to CDL duty if this is the employee's first positive
test and the employee, prior to returning to CDL duty:
(1)
Consults such drug and alcohol abuse professionals to whom the employee
has been referred at the employee's expense;
(2)
Completes all recommended treatment at the employee's expense; and
(3)
Completes all necessary drug and/or alcohol tests at the employee's
expense and obtains negative results.
B.
Any subsequent positive result to a drug and/or alcohol test by this
same employee will subject that employee to immediate dismissal by
the municipality.
If an employee who tests positive for a drug and/or alcohol
test is offered the chance to return to CDL duty, that employee shall
be subject to and pay for unannounced follow-up drug and/or alcohol
tests as directed by the substance abuse professional for a period
of 60 months following return to CDL duty. At least six unannounced
follow-up drug and/or alcohol tests shall be conducted in the first
12 months following return to CDL duty. Such tests shall be conducted
as directed by the assigned substance abuse professional. A positive
result or any test administered during this probationary period automatically
subjects the employee to immediate dismissal.
Employees will be notified of their positive test results. Test
results shall be retained by the Medical Review Officer responsible
for analyzing the employee's 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 municipality
may be released to future employers in accordance with the federal
regulations.
All files, documents and records of the municipality related
to the application of this article to individual employees shall be
deemed and kept confidential by the municipality.
A.
All of the records relating to the administration and results of
the municipality's alcohol and drug testing program for its CDL 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.
B.
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 municipality,
or group which the municipality 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.
C.
The municipality shall retain in the employee's personnel file information
indicating only the following:
D.
The municipality will also maintain an annual calendar-year summary
of the records related to the administration and results of the test
program for its drivers under federal regulation.
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.
The municipality 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 a 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:
A.
The following entity is designated by the municipality for the purpose
of providing information to employees concerning the federal laws
and regulations governing the testing of CDL employees and for implementation
and monitoring the municipality's compliance with the federal testing
program:
|
PSATS CDL Drug and Alcohol Testing Program
3001 Gettysburg Road
Camp Hill, PA 17011
Phone: 1-800-235-7579
Fax: 1-717-763-9732
|
B.
Designation of the PSATS Program as available to provide information
to the municipality's employees shall continue for as long as the
municipality is a member in good standing in the PSATS Program.
A.
This article shall be implemented with the constitutional and legal
rights of the employees subjected to it.
B.
This article shall not be deemed to be a covenant of employment or
other form of covenant or contract between the municipality and any
employee.
C.
Any collective bargaining agreement entered by the municipality subsequent
to the adoption of this article shall conform with the provisions
of this article.
D.
Any agreement for the sharing, leasing, lending or other transfer
of CDL employees between the municipality 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 transfer.
E.
Any contract for services involving CDL employees shall expressly
state whether the contracting party is an independent contractor or
employee/agent of the municipality.
F.
The definitions of terms shall be as contained in the relevant federal
regulations.
G.
A copy of this article 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 acknowledgement of receipt of the policy.
H.
A copy of the controlling law and federal regulations shall be maintained
in the municipality's offices and shall be accessible to employees,
upon request.
I.
This article will be limited by any applicable federal or state law
or municipal ordinance and by any applicable collective bargaining
agreements. Any portion of this article 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.
J.
Employees agree to waive any liability against the municipality arising
out of the municipality's administration of this article and its administration
of the program established pursuant to the federal law or regulations
regarding the municipality's responsibility for CDL drivers.
