[Res. 2/19/2004, § I]
1.
To comply with the requirements of employers pursuant to the federal
legislation concerning individuals with commercial drivers licenses
(sometimes referred to herein as "CDL employees") 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 the Township in regard to CDL
and non-CDL employees with the requirements of said law and regulations.
3.
To apply equally the aforesaid employment policies to CDL and non-CDL
employees.
4.
To apply the policies regarding obtaining records and requiring testing
for alcohol and substance dependence and/or abuse to applicants for
employment with the Township.
[Res. 2/19/2004, § II]
[Res. 2/19/2004, § III]
The regulations of the Federal Highway Management Administration
are hereby adopted by reference insofar as they apply to this Township
and this policy.
[Res. 2/19/2004, § IV]
Employees of the Township 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 § 1-507 of this policy, not otherwise inconsistent with any applicable provisions and procedures of the collective bargaining agreement, if any, in effect. Prescription drugs must be kept in their original container identifying the drugs, dosage, date of prescription and physician. Employees are required to notify their designated supervisory personnel if they are taking a prescription drug. They shall file with the Township a statement from the doctor who issued such prescription on a form provided by the Township stating whether or not such prescription drug(s) will impair the employee's ability to operate any type of equipment, including, but not limited to, a vehicle that requires the operator to possess a valid CDL, or in general, impairs the employees from working safely and without unreasonable risk of danger to himself or others. The term "illegal drugs" shall include drugs for which the employee does not have a valid prescription, as well as cocaine, phencyclidine (PCP), marijuana, opiates (including Heroin), amphetamines and such other drugs as may be identified from time to time as illegal.
[Res. 2/19/2004, § V]
1.
The following alcohol and drug testing procedures shall be applicable
to all Township employees and applicants for employment with the Township:
A.
Pre-Employment. The Township shall test all applicants for employment
for alcohol and illegal drugs prior to acceptance for employment.
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 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 policy 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 § 1-504 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 work place 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 as
practical after an accident occurs, as is possible, but not later
than 32 hours thereafter, and for alcohol as soon as after an accident
as possible, but not later than eight hours, thereafter: Provided
that:
(1)
Testing shall not take precedence over needed medical treatment
or other needed emergency measures.
(2)
If for any reason the tests cannot be obtained within the times provided, the test shall not be administered. However, refusal to submit to a test or interfering with the successful completion of the test shall be deemed a positive test result in accordance with § 1-506, below.
(3)
No employee shall consume alcohol or illegal drugs between the
time of the accident and the test administration.
E.
Accident. The term "accident" as utilized herein shall include any
occurrence, act or omission which causes or results in death and/or
actual or potential injury to person or property and shall further
include, but not be limited to, those instances involving the handling
or operation of tools, equipment, CDL and non-CDL type vehicles, where
the following conditions occur:
(1)
There is a fatality regardless of fault; or
(2)
There is issuance of a citation to the Township CDL and non-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 for treatment or (ii) vehicular damage requiring
the vehicle to be towed from the scene.
(3)
The occurrence, act or omission causes or results in actual
injury to person or property or, in the opinion of the Township officials,
had the potential to result in injury to person or property.
[Res. 2/19/2004, § VI]
1.
Any refusal or failure by the CDL or non-CDL employee or applicant
for employment to submit to any test required by this policy or the
applicable law or regulation shall be deemed to be a positive result
for alcohol and drug abuse and a violation of this policy. Refusal
to submit to a test under this policy shall include any act or omission
which prevents, thwarts or frustrates the objectives of this policy,
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 (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 of 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. In the case of an applicant for employment, such a result shall be a basis for denial of employment. Any test result of greater than 0.04 breath alcohol level shall be considered a positive test and shall subject the employee to the disciplinary provisions of § 1-507 of this policy or, in the case of an applicant for employment, shall be a reason to deny such person employment with the Township.
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 § 1-507 of the policy or, in the case of an applicant for employment, shall be sufficient reason to deny such person employment with the Township. Any employee testing positive for illegal drugs may request a split sample of the same specimen to be re-tested at the employee's expense. Employees should speak with the Medical Review Officer about such request.
[Res. 2/19/2004, § VII]
No Return to Duty. An employee who tests positive for drug(s)
and/or alcohol shall subject the employee to immediate dismissal by
the Township.
[Res. 2/19/2004, § VIII]
Employees and applicants for employment will be notified of
their positive test results. The Medical Review Officer responsible
for analyzing the employee's test results shall retain test results.
Said results shall be held in strictest confidence and shall be accessible
only by the employee, the applicant for employment, the employer and
such other persons or entities authorized by law or regulation and
shall not be released to any other person except with the written
consent of the employee or applicant for employment. The results of
tests made known to the Township may be released to future or prospective
employers in accordance with the federal regulations.
[Res. 2/19/2004, § IX]
All files, documents and records of the Township relative to
the application of this policy to individual employees and applicants
for employment shall be maintained and kept confidential by the Township,
except as otherwise set forth herein or by state or federal law or
regulation.
[Res. 2/19/2004, § X]
1.
All the records relating to the administration and results of the
Township's Alcohol and Drug Testing Program for its CDL drivers
and non-CDL employees and applicants for employment shall 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
shall be conducted by a licensed facility and analyzed by a Medical
Review Officer. The Medical Review Officer, who is appointed shall
be a licensed doctor or medicine or osteopathy with knowledge of drug
and alcohol abuse disorders and be employed by the Township, or shall
be affiliated with a group which the Township 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 Township
shall retain in the employee's personnel file information indicating
only the following:
2.
The Township shall also maintain an annual calendar year summary
of the records related to the administration and results of the testing
program for its employees pursuant to applicable federal and state
laws, rules and regulations.
[Res. 2/19/2004, § XI]
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 or applicant to any person,
without obtaining written authorization from the tested individual,
unless otherwise authorized or directed by law or order of court of
competent jurisdiction.
[Res. 2/19/2004, § XII]
1.
The Township shall establish the following:
A.
A list of consultative and treatment services available in the area
of 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
of 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 whom tests 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:
[Res. 2/19/2004, § XIII]
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:
|
PSATS CDL Drug and Alcohol Testing Program
4855 Woodland Drive
Enola, PA 17025-1291
Phone: 1-800-235-7579 or 1-717-763-9030
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. However,
as previously set forth herein, this policy and standards previously
applicable to CDL employees shall also apply to all Township employees.
[Res. 2/19/2004, § XIV]
1.
This policy shall be implemented subject to the employee's constitutional
and legal rights.
2.
This policy shall not be deemed to be a covenant of employment or
other form of covenant or contract between the Township and any employee
for continuous or sustained employment with the Township.
3.
Any collective bargaining agreement between the Township and its
employees subsequent to the adoption of this policy shall conform
to the provisions of this policy.
4.
Any agreement for the sharing, leasing, lending or other transfer
of CDL and non-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 and the applicability of this policy.
5.
Any contract for services involving CDL and non-CDL employees shall
expressly state whether the contracting party is an independent contractor
or employee/agent of the Township.
6.
The definition of terms contained in all federal statutes, rules
and regulations relevant to alcohol and drug testing of municipal
and government employees and applicants for employment shall be applicable
to the interpretation of this policy.
7.
A copy of this policy shall be delivered to every employee and applicant
for employment who is subject to it and to all supervisory personnel.
Such employee and applicant for employment shall sign an acknowledgement
of receipt of the policy.
8.
A copy of the controlling law and federal regulations shall be maintained
in the Township Offices and shall be accessible to employees, upon
request.
9.
This policy shall be subject to any applicable federal or state law,
rule or regulation or municipal ordinance and by applicable collective
bargaining agreements. Any portion of this policy which directly conflicts
with such law, rule or regulation or municipal ordinance or agreement
shall not be implemented in that jurisdiction or be applicable to
that bargaining unit, but shall be severable and shall not effect
the validity and enforcement of the remaining of the policy not otherwise
inconsistent with the forgoing.
10.
Each Township employee by acknowledging receipt of this document
and continuing to be employed by the Township agrees to waive any
liability against the Township arising out of the Township's
administration of this policy and its administration of the programs
established pursuant to federal or state law, rules or regulations
regarding the Township's responsibility for CDL drivers and non-CDL
employees and the purposes set forth herein.
