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.)
For purposes of this Anti-Drug and Alcohol Misuse Plan, the
following definitions apply:
ACCIDENT
A.
An occurrence involving a commercial motor vehicle operating
on a public road which results in:
(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.
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.