As used in this chapter, the following terms
shall have the meanings indicated:
ACCIDENT
A.
Any occurrence involving a commercial motor
vehicle operating on a public road which results in:
(2)
A Village driver being cited for a moving traffic
violation.
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol
or other low-molecular weight alcohols, including methyl and isopropyl
alcohol.
ALCOHOL CONCENTRATION OR CONTENT
The alcohol in a volume of breath expressed in terms of grams
of alcohol per 210 liters of breath as indicated by an evidential
breath test.
ALCOHOL USE
The consumption of any beverage, mixture or preparation,
including any medication, containing alcohol.
CDL
Commercial driver's license.
COMMERCIAL MOTOR VEHICLE
A.
A motor vehicle or combination of motor vehicles
that operates at normal highway speeds and has:
(1)
A gross combination weight rating of 26,001
or more pounds, inclusive of a towed unit with a gross vehicle weight
rating of more than 10,000 pounds; or
(2)
A gross vehicle weight rating of 26,001 or more
pounds.
CONFIRMATION TEST
For alcohol testing, a second test, following a screening
test with a result of 0.02% or greater, that provides quantitative
data of alcohol concentration. For urine testing, a "confirmation
test" means a second analytical procedure to identify the presence
of a specific drug or metabolite which is independent of the initial
test. Such a test is one ordered and paid for by the employee by contacting
the lab which performed the initial test and requesting that a urine
sample be sent to a lab sought by the employee.
COVERED EMPLOYEE
For the purpose of this policy, "covered employee" means
any person who is retained by the Village to drive a commercial or
other motor vehicle or operate mechanical equipment under the direction
and/or supervision of the Village for compensation paid by the Village.
Such compensation may be salary paycheck issued by the Village or
by voucher submitted to the Village for payment. The term "covered
employee" as used in this policy shall be synonymous with the term
"employee" as used in this chapter.
[Added 2-3-2015 by L.L. No. 1-2015]
DRIVER
Any employee required by federal law and regulation to possess
a CDL in order to operate a commercial vehicle as defined by federal
law and regulation. For the purposes of preemployment/preduty testing
only, the term "driver" includes a person applying to the Village
to drive a commercial motor vehicle.
DRIVING
A.
These activities by an employee who holds a
federally required CDL:
(1)
All time at or on Village property or on any
public property, waiting to be dispatched as the driver of a commercial
vehicle, unless relieved from duty by the Superintendent; and
(2)
All time spent driving a federally defined commercial
motor vehicle.
DRUG
Any substance currently or hereafter listed on Schedule I
of Appendix D to Subchapter B of Title 49 of the Code of Federal Regulations
or other substance identified in Schedule I.
MEDICAL REVIEW OFFICER (MRO)
A licensed physician responsible for receiving laboratory
results generated by the Village's drug testing program, who has knowledge
of substance abuse disorders and has appropriate medical training
to interpret and evaluate an individual's confirmed positive test
result, together with his or her medical history and any other relevant
biomedical information.
ON-DUTY TIME
All time from the time a driver begins to work or is required
to be in readiness to work until the time he or she is relieved from
work and all responsibility for performing work. "On-duty time" shall
also include all time spent traveling to and participating in either
a drug or alcohol test when it is pursuant to a random, reasonable
suspicion, postaccident or followup test as directed by or on behalf
of the Village.
REFUSE TO SUBMIT TO AN ALCOHOL OR URINE TEST
A.
That a driver:
(1)
Fails to provide adequate breath for testing
without a valid medical explanation after the driver has received
notice of the requirement for breath testing in accordance with the
provisions of this policy;
(2)
Fails to provide adequate urine for testing
without a valid medical explanation after he or she has received notice
of the requirement for urine testing, in accordance with the provisions
of this policy; or
(3)
Engages in conduct that clearly obstructs the
testing process.
SCREENING TEST (ALSO KNOWN AS THE "INITIAL TEST")
In alcohol testing, an analytical procedure to determine
whether a driver may have a prohibited concentration of alcohol in
his or her system. In urine testing, it means a screening to eliminate
negative urine specimens from further consideration.
SUBSTANCE ABUSE PROFESSIONAL (SAP)
A licensed physician, a licensed or certified psychologist,
social worker, employee assistance professional, or addiction counselor
(certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission) with knowledge and/or clinical
experience in the diagnosis and treatment of alcohol- and drug-related
disorders.
[Amended 12-17-2020 by L.L. No. 5-2020]
A. The Village
is required to conduct drug and alcohol tests:
(1) Preemployment
and preassignment (drug tests only);
(2) Following
certain accidents: Any individual involved in a motor vehicle accident
while operating any Village vehicle shall be required to submit to
alcohol and drug testing, by urine, blood or other commonly accepted
practice, at a facility designated by the Village immediately following
(or as soon as practicable thereafter, as determined by the Village)
any such vehicular accident;
(4) Upon
a reasonable suspicion;
(5) Upon
a return to duty after engaging in conduct that is illegal under the
Act or under regulations issued pursuant to it; and
(6) Periodic
followup testing for individuals engaging in conduct that is illegal
under the Act or under regulations issued pursuant to it.
B. Any applicant,
required to be tested under federal law, who refuses or fails to submit
to a test as directed will not be considered for employment with the
Village. A current worker who applies for a driver position and who
refuses or fails to submit to a drug test as directed or whose result
is positive for the drug test may be subject to discipline up to and
including discharge.
To ensure the integrity and accuracy of each
test, all specimen collection, analysis and laboratory procedures
shall be conducted in accordance with DOT rules. This includes, among
other things:
A. Procedures to ensure the correct identity of each
driver at the time of testing;
B. A chain-of-custody procedure to protect a driver's
urine specimen;
C. The use of split urine samples to allow for a verification
of an initial positive test;
D. The use of a trained breath alcohol technician (BAT)
and DOT-approved testing devices for conducting alcohol tests;
E. The use of a federally approved lab as selected by
the Village or by a contractor that may be retained by the Village
to perform testing;
F. The confirmation of an initial positive urine test
by a second test;
G. The confirmation of an initial positive breath test
by a second test; and
H. The Village's appointment of a qualified MRO to review
urine test results.
An employee tested for drugs must contact the
Superintendent daily while awaiting the results of the test and must
also advise the Superintendent of his or her whereabouts and provide
a telephone number where he or she may be reached during time away
from work. An employee who refuses to do so or fails to contact the
Superintendent will be considered insubordinate and subject to disciplinary
action.
In the event of a false positive error, the
Village shall follow the procedures mandated by federal regulations.
The results of all individual drug and alcohol
tests will be kept in a secure location with controlled access. All
individual test results are confidential. The release of an individual
driver's results will only be given in accordance with the employee's
written authorization or as is otherwise required by federal law or
regulation.
[Amended 2-3-2015 by L.L. No. 2-2015]
The contact list shall be as follows:
For Questions Regarding
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Contact
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Drug and alcohol testing requirements
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Tom Gannon, Superintendent
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Department of Public Works
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Incorporated Village of New Hyde Park
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498 Stewart Avenue
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New Hyde Park, NY 11040
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(516) 354-0064
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Village policy or educational material
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Cathryn Hillmann, Village Clerk-Treasurer
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Incorporated Village of New Hyde Park
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1420 Jericho Turnpike
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New Hyde Park, NY 11040
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(516) 354-0022
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Testing laboratories
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Comply Corporation
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105 Maxess Road, Suite 124
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Melville, NY 11747
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(631) 643-0500
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MRO services
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Comply Corporation
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105 Maxess Road, Suite 124
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Melville, NY 11747
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(631) 643-0500
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Drug and alcohol counseling
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National Association of Alcoholism and Drug Abuse Counselors
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1 (800) 548-0497
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