The purpose of this policy is to perform the necessary drug
and alcohol testing pursuant to the federally mandated requirements
under 49 CFR Part 40 and Part 382. The drug-related requirements of
this policy become effective February 1, 1996. The alcohol-related
requirements under this policy become effective February 1, 1996.
For the purpose of this policy, the words and terms defined
in this section shall have the meaning therein given, unless the context
otherwise clearly requires.
DRIVER
Any person who operates a commercial motor vehicle as defined
in 49 CFR 382.107. 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 the Village or who operate
a commercial motor vehicle at the direction of or with the consent
of the Village. For the purpose of pre-employment/pre-duty testing
only, the term "driver" includes a person applying to the Village
to drive a commercial motor vehicle.
SAFETY-SENSITIVE FUNCTION
Any of those on-duty functions set forth in 49 CFR 395.2,
Paragraphs (1) through (9).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The unlawful manufacture, distribution, dispensation, possession
or use of a controlled substance or alcohol is prohibited on all Village
premises, in any Village-owned or -leased motor vehicle, or other
location at which the driver is to perform work; nor will the Village
hire or retain any individual who uses or possesses any illegal drug,
in any amount and regardless of frequency, or any individual who engages
in prohibited alcohol-related conduct.
A. The Village will maintain a pre-employment screening program designed
to prevent hiring anyone who uses any illegal drugs, or engages in
prohibited alcohol-related conduct.
B. No driver will consume any Schedule 1 drug of the Schedule of Controlled
Substance of the Drug Enforcement Administration or any amphetamines,
narcotics, opiates, hallucinogenic substances, depressants, stimulants,
or any other habit-forming drug while on or off duty, except as provided
in this article.
C. No driver shall report for work or drive while impaired by any drug,
controlled substance, or with an alcohol breath concentration of 0.02
or greater.
D. A driver may use a substance administered by or under direction of
a physician who has advised the driver that the substance will not
affect the driver's ability to safely operate a motor vehicle.
E. No driver may operate any motor vehicle whose motor senses, sight,
hearing, balance, reaction, reflexes or judgment are or may be presumed
affected or who has consumed any alcohol within four hours.
F. Any driver who sells or otherwise dispenses illegal drugs or alcohol
to others on Village premises, in or from a Village-owned or -leased
motor vehicle, is subject to immediate termination.
An employee assistance program will be conducted by the Village
to provide educational information concerning the effects and consequences
of drug or alcohol use on personal health, safety and work environment.
A. Every driver will be required to take at least one hour of training
each year on substance abuse and alcohol use, and sign a form certifying
his/her attendance.
B. Written notice will be given when this training is available.