[Res. 95-7B, 12/13/1995, § I]
1. To comply with the requirements of employers pursuant to the Federal
legislation concerning commercial drivers licenses (CDL) pursuant
to the Omnibus Transportation Employee Testing Act of 1991 and the
federal regulations thereto insofar as they apply to this Township.
2. To conform the employment policies of this Township with the requirements
of said law and regulations.
3. To provide as an employment policy of this Township the requirement of compliance with the provisions of this Chapter
1, Part
14, § 1401 et seq., by the Janitorial Maintenance Worker employed by this Township.
[Added by Res. R-2015-10, 8/11/2015]
[Res. 95-7B, 12/13/1995, § II]
1. This Part
shall apply only to those employees and applicants for employment
who are required to have a CDL license for their employment by the
Township and who are assigned to operate Township owned, leased or
borrowed vehicles or equipment requiring CDL licensure.
2. Part
14 and all sections and subsections thereof shall apply similarly to the Janitorial Maintenance Worker employed by this Township, and Part
14 shall constitute a specific term and condition of his/her employment in such job capacity by the Township. The Janitorial Maintenance Worker employed by this Township shall be subject to the same terms, provisions and conditions of Part
14 as apply to employees required to possess a commercial driver's license (CDL).
[Added by Res. R-2015-10, 8/11/2015]
[Res. 95-7B, 12/13/1995, § III]
The regulations of the Federal Highway Management Administration
are hereby adopted by reference insofar as they apply to this Township
and this Part.
[Res. 95-7B, 12/13/1995, § IV]
1. 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 § 1407 of this Part, subject
to any applicable provisions and procedures of the collective bargaining
agreement in effect, if any.
2. 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 Township a
statement, on a form provided by the Township, from the doctor who
issued such prescription stating whether or not such prescription
drug 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.
[Res. 95-7B, 12/13/1995, § IV]
The following drug and alcohol test procedures shall be applicable
to all employees and applicants for employment to whom this Part applies:
A. Pre-Employment. All applicants for employment shall be tested for
drugs prior to acceptance for employment with the Township. Any applicant
testing positive shall not be considered for employment. The Township
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 Township will implement a random testing procedure which
meets the requirements of the Federal regulations. The procedure shall
include Township-paid test of all 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 Part shall be satisfied if the above
percentages are selected from a pool of employees which includes the
Township's employees.
C. Reasonable Cause. Any employee giving reasonable cause to believe
that he or she is in violation of the policy established in § 1404
above shall be subjected to Township-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 and one hour of training
in alcohol use detection. Supervisory personnel making reasonable
cause observations shall make and file with the Township a written
report on a form provided by the Township 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 Township'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
of other needed emergency measures.
(2)
If for any reason tests cannot be obtained within the times
provide, the tests shall not be administered. However, refusal to
submit to test or interfering with the successful completion of such
test shall be deemed a positive test result in accordance with § 1406
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 Township CDL employee
for a moving violation, and (i) bodily injury of any person involved
requiring transportation of the injured person away from the accident
scene; or (ii) vehicular damage requiring the vehicle to be towed
from the scene.
[Res. 95-7B, 12/13/1995, § VI]
Any refusal or failure by the CDL employee or applicant to submit
to any test required by this Part or the applicable law shall be deemed
a positive result. Refusal to submit to a test under this Part shall
include any act or omission which prevents, thwarts or frustrates
the objectives of this Part including, without limitation, the following:
(i) refusal to submit in a timely fashion to testing; (ii) refusal
or failure by the employee or applicant to complete, sign or initial
the required testing form; (iii) refusal or failure without good cause
to provide any sample or provide an adequate sample for testing; and/or
(iv) failure or refusal to otherwise cooperate with the testing process
in a way which prevents the completion of any required test.
A. 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 regulations
for 24 hours. Any test result greater than 0.04 breath alcohol level
shall be considered a positive test result and shall subject the employee
to the disciplinary provisions of § 1407 of this Part.
B. 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 § 1407 of this Part. Any employee testing positive for
illegal drugs may request a split sample of the same specimen to be
retested, at the employee's expense. Employees should speak with the
Medical Review Officer about such request.
[Res. 95-7B, 12/13/1995, § VII]
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 CDL duty:
A. Consults such drug and alcohol abuse professionals to whom the employee
has been referred at the employee's expense.
B. Completes all recommended treatment at the employee's expense.
C. 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 Township.
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[Res. 95-7B, 12/13/1995, § VIII]
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 a 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.
[Res. 95-7B, 12/13/1995, § IX]
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 Township may
be released to future employers in accordance with the federal regulations.
[Res. 95-7B, 12/13/1995, § X]
All files, documents and records of the Township related to
the application of this Part to individual employees shall be deemed
and kept confidential by the Township.
[Res. 95-7B, 12/13/1995, § XI]
1. All of the records relating to the administration and results of
the Township'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.
2. 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 Township,
or a group which the Township has joined, to conduct alcohol and drug
testing in accordance with the Federal regulations. The Medical Review
Officer shall retain the reports of individual test results for a
minimum of five years.
3. The Township shall retain in the employee's file information indicating
only the following:
A. The employee submitted to a drug and/or alcohol test.
C. The location of such test.
D. The identity of the person or entity performing the test.
E. The test result (e.g., "positive" or "negative").
The Township will also maintain an annual calendar year summary
of the records related to the administration and results of the testing
program for its drivers under the federal regulations.
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[Res. 95-7B, 12/13/1995, § XII]
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 to any person, without first obtaining
written authorization from the tested individual, unless otherwise
requested by law.
[Res. 95-7B, 12/13/1995, § XIII]
The Township 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:
(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 Part.
[Res. 95-7B, 12/13/1995, § XIV]
1. The following entity is designated by the Township for the purpose
of providing information to employees concerning the Federal laws
and regulations governing the testing of CDL employees and for implementing
and monitoring the Township's compliance with the federal testing
program:
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PSATS CDL Drug and Alcohol Testing Program
3001 Gettysburg Road
Camp Hill, PA 17011
Phone: 1-800-235-7578
Fax: 1-717-763-9732
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2. Designation of the PSATS Program as available to provide information
to the Township's employees shall continue for as long as the Township
is a member in good standing in the PSATS Program.
[Res. 95-7B, 12/13/1995, § XV]
1. This Part shall be implemented with the constitutional and legal
rights of the employees subjected to it.
2. This Part shall not be deemed to be a covenant of employment or other
form of covenant or contract between the Township and any employee.
3. Any collective bargaining agreement entered by the Township subsequent
to the adoption of this Part shall conform with the provisions of
this Part.
4. Any agreement for the sharing, leasing, lending or other transfer
of CDL employees between the Township 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 the transfer.
5. Any contract of services involving CDL employees shall expressly
state whether the contracting party is an independent contractor or
employee/agent of the Township.
6. The definition of terms shall be as contained in the relevant federal
regulations.
7. A copy of this Part 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 acknowledgment of receipt of this Part.
8. A copy of the law and federal regulations shall be maintained in
the Township offices and shall be accessible to employees, upon request.
9. This Part will be limited by any applicable federal or state law
or municipal ordinance, and by any applicable collective bargaining
agreements. Any portion of this Part which directly conflicts with
such 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 Part.
10. Employees agree to waive any liability against the Township arising
out of the Township's administration of this Part and its administration
of the program established pursuant to the Federal law or regulations
regarding the Township's responsibility for CDL drivers.