The purpose of this program is to comply with federal and state
statutes which require drug and alcohol testing for commercial driver's
licensed employees.
This policy is intended to comply with all applicable federal
and state statutes which relate to regulations relating to commercial
driver's licensed employees, including but not limited to the following:
A. 49 CFR Part 40: Procedures for Transportation Workplace Drug and
Alcohol Testing Programs.
B. 49 CFR Part 391: Subpart H, Controlled Substance Testing, Covering
Federal Highway Administration (FHWA) and Controlled Drivers.
C. 49 CFR 382.401 of the Federal Motor Carrier Safety Regulations.
D. 49 CFR Part 394: Notification and Reporting of Accidents.
The Department of Transportation rules require drug and alcohol
testing for employees possessing commercial driver's licenses. Required
drug and alcohol testing is done by two separate and distinct methods.
Drug testing is done by urinalysis and alcohol testing is done by
breath testing. Below you will find explanations of how this testing
will be performed.
A. Drug testing.
(1) All drug testing required by The Borough of Cresskill will be performed
in accordance with Department of Transportation guidelines. This testing
process will look for the presence of the following substances: amphetamines,
cocaine, opiates, marijuana, and phencyclidine. Under no circumstances
will any other tests be performed on any specimen provided under Department
of Transportation guidelines by a Borough employee.
(2) Drug testing shall be by urinalysis using split samples. Split sample
testing requires the specimen be divided into two separate bottles
during the collection process. These two bottles are designated as
1) the primary specimen which shall contain no less than 30 milliliters
of urine and 2) the "split" specimen which shall contain no less than
15 milliliters of urine. Upon arrival at the laboratory the primary
specimen will be opened and tested. In the first screening test, immunoassay
techniques are used to screen urine specimens for classes of drugs.
In the second or confirmation test, any positive results found in
the first screening will be confirmed using the tandem technique of
gas chromatography/mass spectrometry (GC/MS) which positively identifies
and quantifies the presence of specific drugs. No test result will
be reported by the laboratory to the Medical Review Officer (MRO)
as a positive drug test result unless both the initial screening test
and the confirmation test are positive.
(3) The laboratory shall report the test results to the Medical Review
Officer (MRO) who shall evaluate the chain of custody, urine custody
form, and test results. If a test is reported positive by the laboratory,
the MRO will interview the employee to make an independent evaluation
of whether the test should be reported as negative or positive. The
MRO will report the results of a drug test to the Borough's designee.
(4) Should an interview with the employee be necessary, the MRO will
make two attempts on consecutive business days to call the employee.
Should be MRO fail to make contact, he/she shall contact the Borough's
designated representative to request that the employee contact the
MRO.
(5) The Borough's designated representative shall inform the employee
of the MRO's request in a confidential manner. Failure to respond
within five days will be noted by the MRO when positive test results
are reported. If the MRO and the Borough's designated representative
are unable to contact the employee, the employee may be placed on
unpaid medical leave pending dismissal. It is the employee's responsibility
to provide a phone number at which he/she can be contacted on the
chain of custody form.
B. Alcohol testing.
(1) The Department of Transportation rules require breath testing for
alcohol. This testing must be done using an evidential breath testing
device (EBT) approved by the National Highway Traffic Safety Administration
(NHTSA). This testing can only be performed by a breath alcohol technician
(BAT) that is certified in the equipment being used.
(2) Two breath tests are required to determine if a person has a prohibited
alcohol concentration. A screening test is conducted first. Any result
less than 0.02 alcohol concentration is considered a "negative" test
and no further testing is required. If the initial screening shows
an alcohol concentration of 0.02 or greater, a second or confirmation
test is required. The confirmation test must be performed 15 to 20
minutes after the initial screening. During that time period the employee
being tested is to remain with the BAT and must refrain from eating,
drinking, smoking, or belching. After the waiting period a second
breath test will be performed. The results of the second test stand
and become the official test result.
(3) If the confirmation test result shows an alcohol concentration of
0.02 or less, the official test result is negative and no action is
required. If the result of the confirmation test is 0.02 or greater,
action by the employer is required.
(4) Employer response to breath testing results that show an alcohol
concentration of 0.02 or greater are as follows:
(a)
If the tested employee's alcohol concentration is between 0.02
and 0.039 the regulations call for the removal of the driver from
driving for at least 24 hours and passing of a return-to-duty test
before returning to work.
(b)
If the tested employee's alcohol concentration is 0.04 or higher
he/she must immediately be removed from any safety-sensitive duties
and be subject to disciplinary action up to and including termination.
At a minimum the employee must remain suspended until he/she:
[1]
Has been evaluated by a substance abuse professional (DOT regulations
have specific guidelines for anyone who qualifies as a substance abuse
professional);
[2]
Has complied with any recommended treatment; and
[3]
Has taken and passed a return-to-duty alcohol test (result must
be less than 0.02).
(5) All return-to-duty testing is done at the employee's expense. The
employee is then subject to announced follow-up testing. (See follow-up
testing in this policy.)
(6) Applicants and employees are expected to report for alcohol and drug
testing as required by this policy and in accordance with Borough
testing procedures. Employees are to report for work with no alcohol
or illegal drugs in their bodies. Any refusal to submit to alcohol
breath testing or urinalysis drug testing as directed by supervisory
personnel will be considered a refusal-to-test and will require the
same disciplinary action as a positive result.
This section applies only to those who test positive for random
or reasonable cause.
A. Alcohol testing positives (0.02 to 0.039).
(1) Employees who test positive during alcohol breath testing (first
offense) in the range of 0.02 to 0.039 will be suspended from work
for a minimum of 24 hours and be required to pass a return-to-duty
breath alcohol test before returning to work. In addition, the employee
will be subject to disciplinary action. (All return-to-duty testing
is done at the employee's expense.)
(2) Employees who test positive during alcohol breath testing (first
offense) in the range of 0.04 or higher will be suspended from work
and subject to disciplinary action up to and including termination.
At a minimum the employee must remain suspended until:
(a)
The employee is evaluated by a substance abuse professional.
This professional must meet the criteria outlined in the DOT's Alcohol
and Drug Rules for Substance Abuse Professionals.
(b)
The employee complies with and completes all recommendations
made by the substance abuse professional and is able to document same.
(c)
The employee submits to a return-to-duty drug test and proof
of a negative test result must be received by the Borough. (All return-to-duty
testing is done at the employee's expense.)
(3) The employee will then be subject to follow-up testing for up to
60 months. A minimum of six follow-up tests must be performed within
the first 12 months. (All follow-up testing is done at the employee's
expense.)
(4) Employees who test positive during alcohol breath testing (second
offense) in the range of 0.04 or higher will be terminated.
B. Drug testing positives.
(1) Employees who test positive during drug testing (first offense) will
be suspended from work a minimum of 25 days, and subject to disciplinary
action up to and including termination. The employee shall remain
suspended until:
(a)
The employee is evaluated by a substance abuse professional.
This professional must meet the criteria outlined in the DOT's Alcohol
and Drug Rules for Substance Abuse Professionals.
(b)
The employee complies with and completes all recommendations
made by the substance abuse professional and is able to document same.
(c)
The employee submits to a return-to-duty drug test, and proof
of a negative test result must be received by the Borough. (All return-to-duty
testing is done at the employee's expense.)
(2) The employee will then be subject to follow-up testing for up to
60 months. A minimum of six follow-up tests must be performed within
the first 12 months. (All follow-up testing is done at the employee's
expense.)
(3) Employees who test positive during drug testing (second offense)
will be terminated.
(All return-to-duty testing is done at the employee's expense.)
When the employee is cleared to return to work after a positive random
or reasonable suspicion test, he/she will be required to pass an alcohol
and drug test. Upon receipt of a negative finding, the Borough will
review the employee's employment and will then determine whether or
not the employee will be allowed to return to work. If an employee
is allowed to return to work, he/she will be subject to follow-up
testing, as determined by the Borough.
The results of any drug test will be reported and recorded in
a confidential manner. Allowable communication of medical or test
results will follow guidelines established in 49 CFR Part 40. The
results will not be reported to any additional parties without the
employee's written authorization, except as outlined in 49 CFR Part
40. A copy of the individual's test results will be available upon
request.
Each employee or prospective employee shall be given a copy
of this policy. He/she must acknowledge receipt and understanding
of the policy as a condition of employment. A sample of this acknowledgement
is attached as Appendix A-2.
Employee Acknowledgement.
This will certify that I, __________________ have been given
a copy of the Borough of Cresskill's policy addressing alcohol and
drugs in the workplace and that I fully understand said policy and
agree to comply with all terms and requirements set forth herein.
I agree to allow all test results, verified by the Medical Review
Officer, to be released to the Borough of Cresskill.
Employee:______________________________________ Date: ___________________________
Witness: ___________________________________ Date: ____________________________