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.
A.
This policy applies to employees who are motor carrier operators
or drivers who are covered under the Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. § 31100 et seq.) pursuant to the
Omnibus Transportation Employee Testing Act of 1991 (49 CFR Part 40).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
If there is a conflict between any provisions or terms contained
in this drug and alcohol policy and any other drug and alcohol policy
administered by the Village, this drug and alcohol policy shall supersede
the other policies with respect to the covered employees under this
policy.
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.
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.
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.
A.
Drug testing. The Village will require drug testing in accordance
with Federal Motor Carrier Safety Requirements as set forth in 49
CFR Part 40. Effective August 15, 1994, all urine samples shall be
split-samples. The "primary sample" shall be at least 30 ml of urine;
the "split sample" shall be at least 15 ml. Failure of the driver
to provide that quantity even after a two-hour second opportunity
following drinking up to 24 ounces of water will cause the driver
to be referred for a medical evaluation to develop pertinent information
whether the driver's inability to provide a specimen is genuine or
constitutes a refusal to test. The medical evaluation shall go to
the MRO, who will make a conclusion in writing to the Village. While
this process is being accomplished, the driver shall be placed out
of service.
B.
Alcohol
testing.
(1)
The
Village will require alcohol testing in accordance with Federal Motor
Carrier Safety Requirements as set forth in 49 CFR Part 40. Two breath
tests are required to determine if a person has a prohibited alcohol
concentration. A "screen test" shall be conducted first. Any result
less than 0.02 alcohol concentration is considered a "negative test."
If the alcohol concentration is 0.02 or greater, a second or "confirmation
test" must be conducted. This test shall be by a "Evidential Breath
Testing" (EBT) device that prints out the results, date, time, a sequential
test number, name and serial number of the EBT. The alcohol test must
be conducted by a "Breath Alcohol Technician" (BAT) who is trained
to operate that EBT and is proficient in all breath alcohol testing
procedures.
(2)
Drivers
shall only be tested for alcohol while performing a safety-sensitive
function, or just after performing a safety-sensitive function. Any
test 0.02 or greater but less than 0.04 shall cause the driver to
immediately be removed from driving or any other safety-sensitive
function for at least 24 hours. Failure of the driver to provide an
adequate amount of breath will cause the driver to be immediately
referred for a medical evaluation to develop pertinent information
whether the driver's inability to provide the adequate amount of breath
is genuine or constitutes a refusal to test. The physician shall submit
a written medical evaluation to the MRO, who will make a conclusion
in writing to the employer. While this process is being accomplished,
the driver shall be placed out of service.
C.
Types of testing.
(1)
For the purpose of compliance with the Federal Motor Carrier regulations,
all drivers will be required to take and successfully pass urine drug
testing and breath alcohol testing. Refusal to submit to such screening
is considered a positive test.
(2)
Pre-employment. Applicants for positions as drivers will also be
required to take and successfully pass urine drug tests and alcohol
breath test before they can be used as drivers; except applicants
that have taken part in qualified programs in the last 30 days and
been tested in the last six months or in a random program in the last
12 months with no positive results.
(3)
The following information must be obtained on any new driver from
previous employers for the past two years: any positive drug test
or alcohol test of 0.04 or greater, including any refusals to be tested.
Every new employee shall provide to the Village a written release
which authorizes the Village to obtain the driver's past drug and
alcohol test results. No driver shall be used for more than 14 days
while these test results are being secured. Regulations prohibit the
use of any driver after 14 days if these test results have not been
obtained. Any driver found to have had a positive test result in these
two years shall cause the employer to further obtain information on
the subsequent Substance Abuse Professional's evaluation and/or determination
under 49 CFR 382.605 and determine if there was compliance with 49
CFR 382.309 and 382.311. If not, the driver cannot be used until in
full compliance.
(4)
Periodic. All drivers may be required to submit to a urine drug test
and breath alcohol test at least every two years at the same time
as the biennial medical examination occurs.
(5)
Reasonable cause. Any driver suspected of drug or alcohol use as
a result of reasonable evidence upon reporting to work during the
work day, or upon completion of his day's work activity, may be subjected
to a reasonable cause urine drug or breath alcohol test. Refusal to
submit to such screening will be considered a positive test. A reasonable
cause observation form must be completed and signed by at least one
qualified supervisor within 24 hours of the observation that led to
a reasonable cause test.
(6)
Random testing.
(a)
The Village will randomly select 50% of all employees each year
for drug testing and 25% of all employees each year for breath alcohol
testing per the requirements of 499 CFR 382.305 and 49 CFR Part 40.
(b)
On a monthly basis, the Medical Review Officer (MRO) will, from
the total group, select randomly on his computer a number to be tested
that on an annual basis will equal 50% of that total group for random
drug testing and 25% for breath alcohol testing. This same process
will be repeated each month.
(c)
Once the MRO makes the monthly selections, he will forward that
list to the consortium, which will notify the employer under whose
drug policies those selected are covered. The Village will be given
a date before which the individual must be tested per these random
selection processes. The person to be tested shall not be informed
of the need to be tested except just prior to the actual test being
performed.
(d)
Failure of the Village to accomplish the above requirements
in the time allotted will cause them to be out of compliance with
the random testing requirements of 49 CFR Part 40.
(7)
Post-accident testing.
(a)
The Village will require post-accident urine drug and breath
alcohol testing of all employees covered by this policy as required
by 49 CFR 382.303 and 49 CFR Part 40.
(b)
Post-accident urine drug and breath alcohol testing will be
required of those employees who are involved in an accident if the
driver receives a citation for a moving traffic violation arising
from the accident, there is a fatality or serious accident involving
bodily injury or significant property damage.
(c)
The post-accident urine drug test shall be conducted as soon
as possible but not later than 32 hours after the reportable or fatal
accident. If the test is not administered, the employer shall prepare
and maintain on file a record stating the reasons the test was not
promptly completed. If a breath alcohol test is not conducted within
two hours, a record shall be prepared and retained stating why. If
in eight hours a test is still not conducted, all attempts shall cease
and a complete record made of why it was not accomplished. In addition,
the driver shall not consume any alcohol for at least eight hours
following an accident or until a breath alcohol test has been accomplished.
(d)
A driver who is seriously injured and cannot provide a urine
specimen or breath alcohol test at the time of the accident shall
provide the necessary authorization for obtaining medical records
and reports that would indicate if a controlled substance or alcohol
was in the driver's system and the level present.
(f)
Failure of the driver to be readily available or refusal to give a urine sample or breath alcohol test when the driver has been involved in a fatal accident, accident involving serious bodily injury, or accident with significant property damage, or received a citation for a moving violation, except for a driver who meets the conditions of Subsection C(7)(d), shall be considered a refusal to take a test and a positive test result.
A.
Drug test results. Test results will be reviewed to determine whether
there is any indication of a controlled substance abuse.
(1)
The test results will be reviewed by a Medical Review Officer (MRO).
If there is any evidence of a positive result, the MRO will give the
person tested an opportunity to discuss the results and provide documentation
of legally prescribed medication.
(2)
The results will be released to the Medical Review Officer, who will
then release the results to the Village, which will maintain them
in a secure location with controlled access.
B.
Alcohol test results. The test results shall be provide on forms
established by Subpart C 40.59 Appendix A. Copy 1 (white) will be
retained by the Breath Alcohol Technicians (BAT), copy 2 (green) shall
go to the employee, copy 3 (blue) shall be transmitted to the employer.
C.
General.
(1)
The test results from all drug and alcohol tests will become a part
of the driver's qualification file, which shall be in a secured location
with controlled access and retained as specified in 49 CFR 382.401.
(2)
The results will not be released to any unauthorized party without
written consent. Upon termination, every driver is required to permit
in writing the release of their urine drug and breath alcohol test
results for at least two years to any future employer. Upon the receipt
of a written request of a driver, every employer is required to provide
copies of all his or her urine drug and breath alcohol test results
promptly to any other possible employer at no charge.
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.
The Village will comply with all federal, state and local laws and
regulations concerning any violations of criminal drug and alcohol
use statutes in the workplace.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Recordkeeping. All records will be retained as listed in 49 CFR 382.401.
C.
A driver is entitled, upon written request, to obtain copies of any
records pertaining to the driver's use of drugs or alcohol, and test
results. Access shall not be contingent upon payment for records other
than those requested.
D.
Records shall be made available to a subsequent employer upon receipt
of a written request from a driver.
E.
An employer may disclose information required to be maintained under
this policy on a driver, to the decision maker in a lawsuit, grievance,
or other proceeding initiated by or on behalf of that driver and arising
from the results of an alcohol or controlled substance test required
by this policy, or from the employer's determination that the driver
engaged in conduct prohibited by this policy (including but not limited
to worker's compensation, unemployment compensation, or other proceeding
related to benefits sought by the driver).
F.
The provisions of this policy may and shall be deemed modified from
time to time as may be required by federal or state law, including
as set forth in federal statutes, Code of Federal Regulations or elsewhere,
and such modifications as required by law shall be deemed immediately
incorporated herein. The Village reserves the right to interpret,
change, rescind or depart from this policy in whole or in part without
notice.
A.
Violations of this policy will result in termination.
B.
Every driver who has engaged in violations of this policy will be
advised by the employer of resources available to the driver in evaluating
and resolving problems associated with the misuse of drugs or alcohol,
even though the driver is terminated.
