The Town of Concord recognizes that the use
and/or abuse of alcohol or controlled substances by drivers of commercial
vehicles presents a serious threat to the safety and health of employees
and the general public. It is the policy of the Town of Concord that
its drivers should be free of drugs and alcohol. In order to further
its goal of obtaining a drug-free and alcohol-free workplace and to
be in compliance with the Omnibus Transportation Employee Testing
Act of 1991, the Town of Concord has implemented a drug and alcohol
testing program which is designed to help reduce and avoid traffic
accidents and injuries to its employees and the public, to discourage
substance and alcohol abuse and to reduce absenteeism, accidents,
health care costs and other drug and alcohol-related problems.
The Department of Transportation (DOT) and the
Federal Highway Administration (FHWA) has issued Federal Regulations
(49 CFR Parts 40 and 382) implementing the provisions of the Federal
Omnibus Transportation Employee Testing Act of 1991 which requires
alcohol and controlled substance testing of drivers who are required
to have a commercial driver's license. These regulations include detailed
procedures for urine drug testing and breath alcohol testing of employees
in safety-sensitive positions. Consequently, the Town of Concord has
established the following programs as well as the subsequent enforcement
of violations for its employees conducting driver functions.
For purposes of this policy, the Town of Concord
and the DOT strictly prohibit the use of alcohol and/or controlled
substances by its employees ready to perform or ceasing to perform
the following safety-sensitive job functions:
A. Operation of a commercial motor vehicle.
B. Repair and maintenance of a commercial motor vehicle.
C. Directly supervising employees who perform safety-sensitive
job functions (where licenses are required or voluntarily held).
Safety-sensitive employees may not consume alcohol:
A. Within four hours before performing a safety-sensitive
function;
B. While performing a safety-sensitive function;
C. After a fatal accident unless the employee has been
tested or eight hours have elapsed from the actual time of the accident;
or
D. After a nonfatal accident unless the employee's involvement
can be completely discounted as a contributing factor to the accident,
the employee has been tested or eight hours have elapsed from the
actual time of the accident.
The unauthorized use of any controlled substance
is strictly prohibited in all situations.
The Town of Concord has entered into an alcohol
and drug testing agreement with National MRO, the facility currently
used for medical services. Testing may be done on both urine and breath.
All drug and alcohol testing will be conducted in conformance with
the procedures and rules established by the Federal Omnibus Transportation
Employee Testing Act of 1991 and its implementing regulations. The
National Center for Forensic Science at 210 East Main Street, Concord
Medical Group, will handle taking the sample (in standard collection
kits) from the hours of 8:00 a.m. until 5:00 p.m. (Monday through
Friday) and EMSI will handle taking the sample on all other nonregular
business hours and days. Both health providers will be responsible
for seeing that the samples are sent to Smith Kline Beecham Laboratories
approved for screening and for assisting in the interpretation of
the results. Specimen collection is not to be done anywhere but at
Concord Medical Group or at EMSI unless specifically authorized by
the Town of Concord.
A. Alcohol testing. Employees will be required to submit
to breath testing using an approved evidential breath testing (EBT)
device. A certified breath alcohol technician (BAT) will administer
an initial screening test. If the employee tests at 0.02 percent or
above for alcohol, then the BAT will conduct a confirmation test.
The Town of Concord will take action based only upon the positive
results of the confirmation test (0.02% or greater). All procedures
and steps used in conducting both the initial and confirmation tests
will be performed in conformance with the federal regulations.
(1) Preparation for breath alcohol testing. The following
procedures summarize the procedures established by the Federal Highway
Administration regulations implementing drug and alcohol testing under
the federal law. These procedures are binding and are subject to change
in the event that the FHWA or other government agency changes the
regulations on drug and alcohol testing of employees in safety-sensitive
positions.
(a)
When the employee enters the collection site,
the BAT will require him or her to provide positive identification
(i.e., photo ID or employer identification).
(b)
The BAT will explain the test procedure.
(c)
Employees will be required to complete and sign
various forms used to document the testing process. Refusal to sign
the test form(s) will be regarded as a refusal to take the test.
(d)
Employees will be instructed to blow forcefully
into the mouthpiece until the EBT indicates that an adequate amount
of breath has been obtained.
(e)
If an employee tests positive during the screening
test, s/he shall not eat, drink, put any object or substance in his
or her mouth and, to the extent possible, not belch during the thirty-minute
waiting period before the confirmation test is conducted.
(f)
Refusal by an employee to complete and sign
the test form, to provide an adequate amount of breath without a valid
medical explanation or otherwise fail to cooperate with the testing
process in a way that prevents the completion of the test will be
considered a disciplinable offense, up to and including termination.
(g)
In the event of conflicting results between
the initial test and the confirmation test, the confirmation test
results will determine the outcome of the test.
(2) Results of positive test.
(a)
Any employee who tests positive for alcohol
concentrations of 0.02 or higher is subject to discipline, up to and
including discharge.
(b)
If a confirmation alcohol test measures 0.04
or greater, the Town of Concord is required to:
[1]
Remove the employee from the safety-sensitive
position; and
[2]
Before returning the employee to employment:
[a]
Refer the employee to the substance abuse professional
(SAP) for assessment of an alcohol problem and a determination of
whether participation in a treatment program is necessary;
[b]
A substance abuse professional determines that
the employee has successfully completed any required rehabilitation;
and
[c]
Retest to verify that the employee's alcohol
concentration is below 0.02.
[3]
The employee will subsequently be given at least
six random tests during the next year with the possibility of follow-up
testing for up to 60 months.
(c)
If the confirmation test level is between 0.02
and 0.039 percent, the employee will be removed from the safety-sensitive
position and either be retested or removed from his/her position for
a minimum of 24 hours.
(d)
In the event that an employee is required to
comply with breath testing as a result of a law enforcement investigation,
the employee must submit to the examination. The test will be considered
enforceable for purposes of this policy.
B. Controlled substances.
(1) The Town of Concord has established its anti-drug program through its Drug-Free Workplace Policy which strictly prohibits the unlawful manufacture, distribution, dispensing, possession or unauthorized use of a controlled substance in the workplace. Furthermore, any abnormal conduct that may create a reasonable suspicion that an employee is under the influence of a controlled substance is addressed in the reasonable suspicion testing section described previously in this policy. [See §
157-7B(2).] For purposes of this policy, the Town of Concord will utilize, at a minimum, a five-panel drug screen consisting of the following drugs: tetrahydrocannabinol (marijuana drug); cocaine; amphetamines; opiates (including heroin); and phencyclidine (PCP). In instances where there is reason to believe an employee is abusing a substance other than the five drugs listed above, the Town of Concord reserves the right to test for additional drugs using standard laboratory testing protocols.
(2) Drug testing is conducted by analyzing an employee's
urine specimen (through a Department of Health and Human Services
certified testing lab). This procedure will include use of a split
specimen testing procedure. Each urine specimen is subdivided into
two bottles labeled as a "primary" and a "split" specimen. Both bottles
will be sent to a certified lab. Only the "primary" specimen bottle
is opened and used for the urinalysis. The split specimen bottle remains
sealed and is stored at the lab. If the analysis of the primary specimen
confirms the presence of illegal, controlled substances, the employee
has 72 hours to request the split specimen be retested at the same
lab or be sent to another certified laboratory for analysis, at the
Town of Concord's expense. An employee who fails to notify the medical
review officer (MRO) within 72 hours (of receiving the results of
the positive test) of his/her desire to have the split specimen tested
shall be deemed to have waived his/her right to seek testing of the
split specimen.
(3) Preparation for drug testing. The following procedures
summarize the procedures established by the Federal Highway Administration
(FHWA) regulations implementing drug testing under the federal law.
These procedures are subject to change in the event that the FHWA
or other government agency changes the regulations on drug and alcohol
testing of employees in safety-sensitive positions.
(a)
When the employee enters the collection site,
the employee will be required to provide positive identification (i.e.,
photo ID or employer identification).
(b)
The employee will be instructed to provide at
least 45 ml of urine under the split sample method of collection.
This will be done in a specifically designated "donor" bathroom.
(c)
The urine sample shall be divided into a primary
specimen (30 ml) and a split specimen (15 ml).
(d)
If the test result of the primary specimen is
positive, the employee may request within 72 hours that the MRO direct
that the split specimen be tested in the same or a different DHHS-certified
laboratory for presence of the drug(s) for which a positive result
was obtained in the test of the primary specimen.
(e)
An employee will be removed from the safety-sensitive
position pending the result of the test of the split specimen.
(f)
If the result of the test of the split specimen
fails to reconfirm the presence of the drug(s) or drug metabolite(s)
found in the primary specimen, the MRO shall cancel the test.
(g)
Employees will be required to complete and sign
various forms used to document the testing and chain of custody process.
Refusal to sign the test form(s) will be regarded as a refusal to
take the test.
(h)
Refusal by an employee to complete and sign
the test and chain of custody forms, to provide an adequate amount
of urine (to be decided on a case-by-case basis) or otherwise failure
to cooperate with the testing process in a way that prevents the completion
of the test will be considered grounds for disciplinary action, up
to and including discharge.
(i)
In the event of conflicting results between
the initial test and the confirmation test, the confirmation test
results will determine the outcome of the test.
(4) Results of positive test. Any employee who tests positive
for controlled substances is subject to discipline, up to and including
discharge. As with an alcohol misuse violation, the Town of Concord
is required to act upon a positive drug test result in the following
manner:
(a)
Remove the employee from the safety-sensitive
position. This removal will only take place after the employee has
been allowed to meet or speak with a medical review officer (MRO)
in order to determine that the positive drug test did not result from
the authorized use of a controlled substance.
(b)
Refer the employee to the EAP for assessment
and subsequent compliance with recommended rehabilitation after a
determination of a drug problem has been made.
(c)
Employee must be evaluated by a substance abuse
professional (SAP) or MRO and determined to be fit to return to work
prior to their release of the employee.
(d)
Employee must have a negative result on the
return-to-duty drug test. Follow-up testing to monitor the employee's
continued abstinence from drug use may be required.
Any employee having questions with respect to
the scope of this policy and its contents may contact the Town Supervisor's
office.