City of Pittston, PA Drug and Alcohol Policy for CDL Drivers

[Adopted 5-15-1996 by Ord. No. 1996-1]

The purpose of this article is:

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.

To conform the employment policies of this municipality with the requirements of said law and regulations.

§ 72-2 Applicability.

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.

§ 72-3 Adoption of federal regulations.

The regulations of the Federal Highway Management Administration are hereby adopted by reference insofar as they apply to this municipality and this article.

§ 72-4 Policy established.

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.

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.

§ 72-5 Test procedures.

The following drug and alcohol test procedures shall be applicable to all employees and applicants for employment to whom this article applies:

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.

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.

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.

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.

§ 72-6 Refusal to submit to test; manner of testing.

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.

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.

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.

§ 72-7 Procedure upon positive test results.

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.

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.

§ 72-8 Follow-up tests.

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.

§ 72-9 Test results.

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.

§ 72-10 Confidentiality of documents.

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.

§ 72-11 Recordkeeping.

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.

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.

The municipality shall retain in the employee's personnel file information indicating only the following:

(1)

The employee submitted to a drug and/or alcohol test;

(2)

The date of such test;

(3)

The location of such test;

(4)

The identity of the person or entity performing the test; and

(5)

The test result (i.e., positive or negative).

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.

§ 72-12 Access to test results and findings.

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.

§ 72-13 Employee assistance program.

The municipality shall establish the following:

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.

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.

A place or service for referring employees who test positive for drugs or alcohol for consultation and treatment.

A one-hour training and educational program for employees.

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 article.

§ 72-14 CDL information contact.

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

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.

§ 72-15 Miscellaneous provisions.

This article shall be implemented with the constitutional and legal rights of the employees subjected to it.

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.

Any collective bargaining agreement entered by the municipality subsequent to the adoption of this article shall conform with the provisions of this article.

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.

Any contract for services involving CDL employees shall expressly state whether the contracting party is an independent contractor or employee/agent of the municipality.

The definitions of terms shall be as contained in the relevant federal regulations.

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.

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.

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.

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.