The United States Department of Transportation
(DOT) has issued regulations pursuant to the Omnibus Transportation
Employee Testing Act of 1991 which govern the use of drugs and alcohol
by drivers of commercial motor vehicles and which also require Villages
to conduct mandatory drug and alcohol testing of covered drivers.
The regulations require testing to begin on January 1, 1996. It is
the intention of the Village of Sea Cliff to comply fully with the
law and with DOT's regulations governing drug and alcohol use and
testing. In the event DOT's regulations are amended, the Village reserves
the right to apply the amended requirements immediately.
The following definitions apply to words, terms
and phrases used in the context of this policy:
ACCIDENT
Any occurrence involving a commercial motor vehicle operating
on a public road which results in a fatality or a 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 under this policy.
ALCOHOL USE
The consumption of any beverage, mixture or preparation,
including any medication, containing alcohol.
CDL
Commercial driver's license.
COMMERCIAL MOTOR VEHICLES
A motor vehicle or combination of motor vehicles/trailers
used to transport passengers or property that has 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 has
a gross vehicle weight rating of 26,001 or more pounds.
CONFIRMATION TEST
A.
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.
B.
For urine testing: 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.
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
The following activities by an employee who holds a federally
required CDL:
A.
All time at or on Village property, or on any
public property, waiting to be dispatched, unless the driver has been
relieved from duty by the general foreman;
B.
All time inspecting equipment as required by
federal regulations or otherwise inspecting, servicing or conditioning
any commercial motor vehicle at any time;
C.
All time spent driving a federally defined commercial
motor vehicle;
D.
All time, other than driving time, in or upon
any commercial motor vehicle;
E.
All time loading or unloading a vehicle, supervising
or assisting in the loading or unloading, attending a vehicle being
loaded or unloaded remaining in readiness to operate the vehicle;
F.
All time spent performing the driver requirements
under federal regulations relating to accidents; or
G.
All time repairing, obtaining assistance or
remaining in attendance upon a disabled vehicle.
DRUG
Any of the following:
A.
Any substance 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;
B.
An amphetamine or any formulation thereof;
C.
A narcotic drug or any derivative thereof; or
D.
Any other substance to a degree which renders
the driver incapable of safely operating a motor vehicle.
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, post-accident or follow-up test as directed by or on behalf
of the Village.
REFUSE TO SUBMIT (to an alcohol or urine test)
Any of the following:
A.
Fail 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;
B.
Fail 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
C.
Engage in conduct that clearly obstructs the
testing process.
SCREENING TEST (also known as the "initial test")
Any of the following:
A.
In alcohol testing, an analytical procedure
to determine whether a driver may have prohibited concentration of
alcohol in his or her system; or
B.
In drug testing, a screening to eliminate "negative"
urine specimens from further consideration.
SUBSTANCE ABUSE PROFESSIONAL
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.