[Adopted 2-23-1999 (Ch.
11, Art. II, of the 2016 Code)]
The overall coordinator of this article is the Mayor of the
Village of Bloomfield. If you have questions concerning this article,
contact your supervisor or the program coordinator.
The Omnibus Transportation Employee Testing Act[1] requires alcohol and drug testing of all personnel who
drive commercial motor vehicles requiring a commercial driver's license
(CDL). In order to conform to these regulations and to ensure that
all employees of the Village of Bloomfield ("Village") who are so
classified are properly tested, the following policy and procedures
will apply.
A.
Alcohol testing.
(1)
Prohibitions.
(a)
Performance of safety sensitive functions is prohibited under
the following conditions:
[1]
Reporting for duty or remaining on duty requiring the performance
of safety sensitive functions with a breath alcohol concentration
of 0.02% or greater as indicated by an alcohol breath test.
[2]
Using or possessing alcohol while on duty to operate vehicles
covered by this article.
[3]
Reporting to work within four hours after using alcohol.
(b)
No driver required to take a post-accident alcohol test shall
use alcohol for eight hours following the accident or until a post-accident
test is administered, whichever comes first.
(2)
Required tests:
(a)
Preemployment. Must be conducted after an offer of employment
has been extended (conditional offer), but before the individual actually
performs safety-sensitive functions for the first time. If the individual
fails the alcohol test, including the confirmation test, the offer
of employment will be withdrawn. This section also applies to current
employees transferring to safety sensitive positions. The individual
will not be considered for employment with the Village of Bloomfield
for a period of one year.
(c)
Random testing. The annual percentage rate of alcohol testing
will be 25% and tests will be conducted on an unannounced basis.
(d)
Return to duty. Return to duty testing will be conducted when
an individual who has violated the prohibited alcohol conduct standards
intends to return to a position performing safety-sensitive duties.
An alcohol test with resulting concentration of less than 0.02% will
be required prior to reassignment to the safety-sensitive position.
Once the individual returns to work, at least six unannounced follow-up
tests will be conducted during the twelve-month period following the
return-to-duty date.
(e)
Test refusal. Refusal to undergo any of the tests outlined above
will be treated as a positive test.
(3)
Process for alcohol testing.
(a)
Alcohol testing will be done using evidential breath testing
devices. An initial screening test will first be administered, with
any resulting alcohol concentration of less than 0.02% considered
as a negative test. A confirmation test will be required for alcohol
concentration of greater than 0.02%. A confirmation test result of
greater than 0.04% will be considered to be a positive test.
(b)
An initial test reading of 0.02% or greater, with a confirmation
test of less than 0.04%, will result in the suspension of the individual
from safety-sensitive duties until the start of the individual's next
regularly scheduled shift, but not less than a period of 24 hours
following the test.
(4)
Confidentiality of records.
(a)
All driver alcohol-testing records are confidential and test
results will only be released to the Village and the substance abuse
professional. Any other release of information will only be allowed
with the driver's consent.
(b)
All dated records and notifications for verified positive test
results will be maintained for a period of five years.
(c)
All dated records and notifications for negative test results will
be maintained for a period of one year.
(d)
The records of any breath alcohol test results are maintained
under strict confidentiality and will not be released without the
specific written authorization of the tested individual. Results will
be released, however, to federal, state, or local officials with regulatory
authority over the controlled substances program.
B.
Drug testing.
(1)
Prohibitions. No driver shall report for duty or remain on duty requiring
the performance of safety-sensitive functions when the driver uses
any controlled substances. The only exception is under physician's
order and does not impair the individual's ability to operate a commercial
motor vehicle.
(3)
Required tests:
(a)
Preemployment:
[1]
Must be conducted after an offer of employment has been extended
(conditional offer), but before the individual actually performs safety
sensitive functions for the first time. If the individual fails the
controlled substances test, including the confirmation test, the offer
of employment will be withdrawn. This section also applies to current
employees transferring to safety-sensitive positions.
[2]
The individual will not be considered for employment, or transfer
in the case of current employees, with the Village for a period of
one year.
(b)
Postaccident:
[2]
Controlled substance tests must be conducted within 32 hours
of the accident. Employees are expected to remain available for testing.
Failure to do so constitutes a refusal to test.
[3]
For purposes of this section, an "accident" is defined as an
incident involving a commercial motor vehicle in which there is either
a fatality, an injury requiring medical treatment away from the scene,
or a vehicle is required to be towed from the scene.
(c)
Random testing. The annual percentage rate of controlled substance
testing will be 50%. Tests will be conducted on an unannounced basis.
(d)
Return to duty. Return to duty will be conducted when an individual
who violated the prohibited controlled substances standards intends
to return to a position performing safety-sensitive duties. A controlled
substances test with a verified negative result will be required prior
to reassignment to the safety-sensitive position. A driver cannot
be returned to safety-sensitive duties until an evaluation has been
completed by a substance abuse professional, and the rehabilitation
recommendations complied with. During the period of treatment, the
employee will be eligible to discharge accumulated sick, personal,
and or vacation leave. Once the individual returns to duty, at least
six unannounced follow-up tests will be conducted during the twelve-month
period following the return to duty.
(e)
Test refusal. Refusal to undergo any of the tests outlined above
will be treated the same as a positive test.
(4)
Process for controlled substance testing:
(a)
Drug testing is conducted by analyzing the urine specimen of
drivers. Once provided in a location that affords privacy, specimens
will be sealed and labeled to ensure an appropriate chain of custody,
proper identification and integrity of the specimen.
(b)
Urine specimens will be divided into two containers, i.e., "primary"
and "split" specimens. If the analysis of the primary specimen confirms
the presence of illegal, controlled substance, the driver has 72 hours
to request the split specimen be sent to another certified laboratory
for analysis. Drivers requesting the confirmation test will be required
to pay the full cost of this second opinion.
(c)
All drug tests will be reviewed and interpreted by physician,
i.e., a medical review officer, before they are reported to the Village.
The test will be evaluated in the light of all relevant information
obtained, including the driver's statement and documentation as to
any currently prescribed medication currently being taken.
(5)
Confidentiality of records.
(a)
All driver drug testing records are confidential and test results
will only be released to the Village and the substance abuse professional.
Any other release of information will only be allowed with the driver's
consent.
(b)
All dated records and notifications for verified positive test
results will be maintained for a period of five years.
(c)
All dated records and notifications for negative test results
will be maintained for a period of one year.
(d)
The records of any controlled substance test results are maintained
under strict confidentiality and will not be released without the
specific written authorization of the tested individual. Results will
be released, however, to federal, state, or local officials with regulatory
authority over the controlled substances program.
[1]
Editor's Note: See now 49 U.S.C. § 31306
