[Adopted 11-20-1995 by Ord. No. O-23-95]
This policy is submitted by the Township of
Monroe, hereinafter known as the "Township," in compliance with FMCSR
Federal Motor Carrier Safety Regulations 49 CFR Part 382, to conform
to a drug- and alcohol-free workplace within the transportation industry.
This program shall become effective to all eligible
employees on January 1, 1996.
All drivers, owner/operators, drivers-for-hire,
temporary drivers and contractors who operate a commercial motor vehicle
will be drug tested and alcohol tested in accordance with federal
regulations.
As used in this article, the following terms
shall have the meanings indicated:
An occurrence associated with the operation of any Township
vehicle which takes place between the time any person boards the vehicle
with the intention of driving and in which death occurs or in which
the vehicle receives substantial damage. Also, an occurrence associated
with an employee who utilizes his or her own vehicle to conduct Township
business during normal working hours.
The intoxicating agent in beverage alcohol, ethyl alcohol
or other low molecular weight alcohols, including methyl and isopropyl
alcohol.
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.
The Breath alcohol Technician.
Procedures to account for the integrity of each urine specimen
by tracking its handling and storage from point of specimen collection
to final disposition of the specimen. These procedures shall require
that an approved chain of custody form(s) be used from time of collection
to receipt by the testing laboratory, and that upon receipt by the
laboratory, an appropriate laboratory chain of custody form(s) accounts
for the sample or sample aliquots within the laboratory.
A person who instructs and assists individuals at a collection
site and who receives and makes initial examination of the urine specimen
provided by those individuals presenting themselves for testing.
A place designated by the Township and meeting the federal
requirements and which is a NIDA certified laboratory where individuals
present themselves for the purpose of providing a specimen of their
urine to be analyzed for the presence of drug abuse.
For alcohol testing means a second test, following
a screening test with a result of 0.02 or greater, that provides quantitative
data of alcohol concentration.
For controlled substances testing means a second
analytical procedure to identify the presence of a specific drug or
metabolite which is independent of the screen test and which uses
a different technique and chemical principle from that of the screen
test in order to ensure reliability and accuracy. (Gas chromatography/mass
spectrometry for cocaine, marijuana, opiates, amphetamines and phencyclidine.)
An individual, company or organization with whom the company
has a written or verbal contract for services and whose employees
are required to be subjected to drug testing. Contract company employees
are required to be drug tested under this plan or a plan that meets
the requirements of the FHWA, subject to approval by the Township.
(NOTE: A company is not considered to be a "contract company" if it
provides services only on a limited or one-time basis.)
All employees directly employed by the Township, including
all drivers, owner/operators, drivers-for-hire, temporary drivers
and contractors, but not excluding those employees who deal with the
direct safety-sensitive and/or operational divisions of the same;
and those others deemed eligible by the Township.
The Department of Health and Human Services.
The Department of Transportation.
The Drug Program Manager.
The policy set up by the Township to provide the necessary
elements to promote a drug- and alcohol-free working environment in
the transportation industry; hereinafter called "policy."
The evidential breath test.
The Federal Highway Administration.
The Medical Review Officer.
The test result does not show positive evidence of a prohibited
drug, drug metabolite or alcohol in an employee's system.
For purposes of this policy, they are as follows: marijuana,
cocaine, opiates, amphetamines, phencyclidine (PCP) and alcohol.
A driver:
Fails to provide adequate breath for testing
without a valid medical explanation after he or she has received notice
of the requirement for breath testing in accordance with the provisions
of Part 382;
Fails to provide adequate urine for controlled
substances 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 Part 382; or
Engages in conduct that clearly obstructs the
testing process.
A licensed physician (medical doctor or doctor of osteopathy)
or 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 of and clinical experience in the diagnosis and treatment
of alcohol and controlled substances related disorders.
A.
The Township Business Administrator shall be designated
the Township Drug and Alcohol Program Manager (DPM) to oversee the
drug program.
B.
The DPM will be responsible for the procurement of
positive test results from a NIDA certified laboratory to safeguard
the employee's right to privacy. The DPM will see that this program
is in strict compliance with the regulations and will work closely
with the National Safety Compliance, their MPO and the Breath Alcohol
Technician (BAT) to ensure all elements of the drug and alcohol program
are followed as to testing, training, recordkeeping and reporting.
All drivers, owner/operators, drivers-for-hire,
temporary drivers and contractors of interstate and intrastate transportation
will be tested in accordance with federal motor carrier regulations
for the use of prohibited drugs and misuse of alcohol.
Prior to being tested from drugs or alcohol, should an employee admit to their drug and/or alcohol problem, the Drug Department Manager will recommend that they see a SAP, Substance Abuse Professional (refer to § 65-43, Definitions).
A.
If any driver fails a drug and/or alcohol test by
a positive test result, the driver shall undergo a return-to-duty
alcohol test with a result indicating an alcohol concentration of
less than 0.02 or, if the conduct involved a controlled substances
test, a verified negative result must be achieved by means of specimen
testing by a NIDA/SAMHSA certified laboratory and accepted by the
National Safety Compliance Agency.
B.
The driver must also follow the determinations of
the SAP, and the driver shall also be subject to unannounced follow-up
alcohol and/or controlled substances tests, at the employee's expense.
The number of tests shall be determined by the SAP and shall consist
of at least six tests in the first 12 months, up to 30 test in five
years, following the driver's return to duty.
C.
In the event that an individual to be tested for drug
and/or alcohol apprises his/her employer of a drug and/or alcohol
problem and that individual tests positive for drug and/or alcohol,
that individual will receive an immediate suspension without pay.
That individual cannot utilize his/her vacation or sick pay.
D.
If, however, an individual to be tested for drug and/or
alcohol does not mention any drug and/or alcohol problem and that
individual tests positive for drug and/or alcohol, that individual
will immediately, upon confirmed result, be terminated.
The Township will, at time of application for
employment, require all applicants to be drug tested prior to hiring
at Township's expense. No employer shall allow a driver to perform
safety-sensitive functions unless the driver has received a controlled
substances test result from the Medical Review Officer indicating
a verified negative test result. In the event that an applicant tests
positive, the Township will not hire or rehire the applicant at that
point in time. This does not preclude the Township from hiring the
applicant at a later date, provided that applicant can show proof
that he or she has satisfactorily completed a rehabilitation program
approved by the substance abuse professional. In this case, prior
to being hired, the applicant will submit to another test at the Township's
expense.
A.
The Township will ensure that a minimum annual percentage
rate for controlled substances testing shall be 50% of those required
to be tested and will be completed each year from their initial preemployment
testing.
B.
The minimum annual percentage rate for random alcohol
testing shall be 25% of the average number of driver positions.
|
Example:
| |||
|
Random Drug Testing: The Township has 100 Drivers
| |||
|
Preemployment
|
100%
|
Tested
| |
|
Random (1st year)
|
50%
|
Tested
| |
|
Random (2nd year)
|
50%
|
Tested
| |
|
Random Alcohol Testing: The Township has 100
Drivers
| |||
|
Random (1st year)
|
25%
|
Tested
| |
|
NOTE: Random tests for alcohol and drugs must
be conducted immediately upon notification.
| |||
C.
The Township will random test select through the National
Safety Compliance Agency random test selection program without showing
discrimination.
D.
When selected at random, employees will submit to
testing immediately at a preestablished place or on location testing
site.
A.
For any driver involved in a Township motor vehicle
accident who was performing a safety-sensitive function with respect
to a vehicle or any employee who is utilizing his or her own vehicle
to conduct Township business during normal working hours if the accident
involved the loss of human life or who receives a citation under state
or local law for a moving traffic violation arising from the accident,
the employer shall test for alcohol and controlled substances in each
surviving driver.
B.
An alcohol test must be administered within two hours
following the accident. If the alcohol test cannot be done within
two hours, the employer shall prepare and maintain on file a record
stating the reasons the test was not promptly administered. If the
test required is not administered within eight hours following the
accident, the employer shall cease attempts to administer an alcohol
test and shall prepare and maintain that record.
C.
A substance abuse test must be administered within
32 hours following the accident. If the test is not administered within
32 hours, the employer shall cease attempts to administer a controlled
substances test and prepare and maintain on file a record stating
the reasons the test was not promptly administered.
A driver will submit to reasonable suspicion testing when a supervisor or person who has been trained to detect drug use and alcohol misuse finds that the employee is reasonably suspected of drug abuse and/or alcohol misuse. This decision must be based on a specific contemporaneous physical behavior and/or performance. Any driver who has tested positive for drug abuse and/or alcohol misuse (with the exception of § 65-47) shall be immediately terminated.
If a driver or applicant refuses to submit to
a drug test or alcohol test, the Township will immediately terminate
him/her.
The Township has contracted with the National
Safety Compliance Agency to have a qualified MRO for the duties and
responsibilities listed below:
A.
In addition to performing the duties and functions
outlined below, the MRO will comply with the requirements of 49 CFR
391.81 and 394, as amended.
B.
The primary responsibility of the MRO is to review
and interpret positive test results obtained through the Township
drug program.
C.
Upon notification by the testing laboratory of a positive
test result, the MRO will review the documentation showing continuity
in the chain of custody of the specimen and contact, by the most expedient
means available, the employee affected to advise him/her of the positive
test result.
D.
The MRO must provide the covered employee an opportunity
for an interview in person or via telephone to discuss the possible
reasons for the positive test result.
E.
If the covered employee submits medical records in
defense of a positive test result, the MRO will review those records
and contact the employee's physician to answer any questions contained
therein.
F.
If any question arises about the accuracy or validity
of a positive test result, the MRO will review that laboratory record
to determine whether the required procedures were followed.
G.
Once the MRO has received all of the above information,
he/she will make a determination as to whether the result is scientifically
sufficient to take further action. However, if the records from the
collection site or laboratory raise doubts about the handling of the
sample, the MRO may decide the urinary evidence is insufficient and
no further actions will be taken. In this case, the MRO will declare
the test to be negative and shall note the possible error(s) in laboratory
analysis or chain of custody procedures and notify the proper officials
to correct the errors or procedures as necessary.
H.
If the MRO determines that there is no reasonable
medical or scientific reason for a positive test result and after
verification of the proper procedures being followed, he/she will
declare the test to be a verified positive and notify the Township
Drug Program Manager of this fact.
A.
An employer shall notify a driver of the results of
a preemployment controlled substance test conducted if the driver
requests such results within 60 calendar days of being notified of
the disposition of the employment application. An employer shall notify
a driver of the result of random, reasonable suspicion and postaccident
tests for controlled substances conducted if the test results are
verified positive. The employer shall also inform the driver which
controlled substance or substances were verified positive.
B.
The designated management official shall make reasonable
efforts to contact and request each driver who submitted a specimen
under the employer's program, regardless of the driver's employment
status, to contact and discuss the results of the controlled substances
test with a Medical Review Officer who has been unable to contact
the driver.
C.
The designated management official shall immediately
notify the Medical Review Officer that the driver has been notified
to contact the Medical Review Officer within 24 hours.
A.
Each employer shall maintain records of its alcohol
misuse and controlled substances use prevention programs. The records
shall be maintained separately and in a secure location with controlled
access.
B.
Types of records. The following specific records shall
be maintained.
(1)
Records related to the collection process:
(a)
Collection logbooks, if used.
(b)
Documents relating to the random selection process.
(c)
Calibration documentation for evidential breath
testing devices.
(d)
Documentation of breath alcohol technician training.
(e)
Documents generated in connection with decisions
to administer reasonable suspicion alcohol or controlled substances
tests.
(f)
Documents generated in connection with decisions
on postaccident tests.
(g)
Documents verifying existence of a medical explanation
of the inability of a driver to provide adequate breath or to provide
a urine specimen for testing.
(2)
Records related to driver's test results:
(a)
The employer's copy of the alcohol test form,
including the results of the test.
(b)
The employer's copy of the controlled substances
test chain of custody and control form.
(c)
Documents sent by the Medical Review Officer
to the employee.
(d)
Documents related to the refusal of any driver
to submit to an alcohol or controlled substances test.
(e)
Documents presented by a driver to dispute the
result of an alcohol or controlled substances test administered.
(3)
Records related to other violations of this article.
(5)
Records related to education and training:
(a)
Materials on alcohol misuse and controlled substance
awareness, including a copy of the employer's policy on alcohol misuse
and controlled substance use.
(b)
Documentation of compliance with the requirements
of alcohol misuse and controlled substances use policy and procedure,
including the driver's signed receipt of the educational material.
(c)
Documentation of training provided to supervisors
for the purpose of qualifying the supervisors to make determinations
concerning the need for alcohol and/or controlled substances testing
based on reasonable suspicion.
(d)
Certification that any training conducted complies
with the requirements for such training.
(6)
Records relating to drug testing:
(a)
Agreements with collection site facilities,
laboratories, medical review officers and consortia.
(b)
The names and position of officials and their
role in the employer's alcohol and controlled substances testing program(s).
(c)
Monthly laboratory statistical summaries of
urinalyses.
(d)
The employer's drug testing policy and procedures.
The Township on a yearly basis will contract
with DHHS, a certified laboratory for the analysis of specimens randomly
collected. The laboratory will conduct all requirements for chain
of custody, testing, reporting and specimen retention in accordance
with the provisions of FMCSR 391.81. The laboratory will report all
test results directly to the MRO designated in this plan.
The Township will assure that the specimen collection
procedures outlined in FMCSR 391.81 and any amendments thereto are
adhered to by any person assigned to collect those specimens. In addition,
the Township will review the collection site security and chain of
custody procedures to assure compliance with the requirements of FMCSR
391.81.
The Township has designated on Schedule E[1] to this plan the agency(s) and/or the location of specimen collection site(s). This collection site will be used solely for the purpose of urgent drug tests and/or alcohol tests (such as reasonable suspicion) in the event that mobile services by National Safety Compliance, Inc., are not possible. At the time, a supervisor from the Township will take the person in question to the collection site (see § 65-51, Reasonable suspicion testing). The collection site(s) indicated on Schedule E meets or exceeds the requirements set forth in FMCSR 391.81, and collection site procedures will follow the guidelines listed below. The collection site(s) will:
A.
Have or be an enclosure where urination can occur.
B.
Have a toilet for completion of urination.
C.
Have a clean suitable writing surface for the completion
of required forms.
D.
Have a separate monitored source of water for washing
hands.
E.
Have a water blueing agent added to the toilet water
supply and holding tank.
F.
Be thoroughly inspected by the collection site person
prior to the commencement of specimen collection.
G.
If possible, be secured by the collection site person
between specimen collections so as to be inaccessible to others.
H.
If a public rest room is utilized, have a sign posted
on the entrance restricting access to anyone other than persons being
tested.
I.
Provide a means of securing all specimens until such
time as they are ready for shipment to the testing laboratory in accordance
with the laboratory procedures for sealing and shipping the specimen.
[1]
Editor's Note: Schedule E is on file in the
Township office.
The individual being tested will:
A.
Present him/herself at the designated collection site
at the specific date and time.
B.
Remove any outer garments such as coats, hats, sweaters,
handbags, etc., prior to entering the collections site.
C.
Present to the collection site person positive identification
(photo ID) or be identified by a Township representative.
D.
Wash his/her hands prior to urination.
E.
Not tamper with, dilute, substitute, alter or in any
way change or attempt to cause a change to a specimen.
F.
Not distract or attempt to distract the collection
site person from the performance of his/her duties.
G.
Not permit anyone other than himself/herself and the
collection site person to handle his/her specimen until the container
is properly sealed by the collection site person.
H.
Keep his/her specimen in sight at all times until
the container has been properly labeled by the collection site person.
I.
Allow his/her oral temperature to be taken with a
sterile thermometer if the temperature of his/her specimen is outside
the normal temperature range.
J.
Indicate on the urine custody and control form any
medications taken or administered in the past 30 days.
A.
In keeping with this commitment for a drug- and alcohol-free
workplace within the transportation industry, the Township will implement
the provisions of the Antidrug and Alcohol Program on or before January
1996, including contract employees covered by this plan. The random
testing provision of the antidrug and alcohol plan will be implemented
as specified under the random testing portion of this policy.[1]
B.
The Township collection site for the collection of
specimen for the substance abuse testing program will be established
by the Township Council on yearly basis.
