[HISTORY: Adopted by the Town Board of the Town of Victor: Art. I,
3-9-1992; Art. II, 12-11-1995. Amendments noted where applicable.]
[Adopted 3-9-1992]
The Town of Victor does hereby adopt the following drug-free workplace
policy to conform with federal legislation which became effective March 18,
1989.
The Town of Victor is committed to the development and maintenance of
a drug-free work environment and, in accordance with the Drug-Free Workplace
Act of 1988, will not tolerate the unlawful possession and use of controlled
substances (drugs) on its premises. The unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited on
property owned or leased by the Town of Victor.
A.
In order to maintain a work environment that is free
of substance abuse, the Town of Victor mandates the following:
(1)
No employee shall work or report to work while impaired
by the illicit/improper use of a controlled substance. In addition, the unlawful
manufacture, distribution, possession or use of a controlled substance is
prohibited and will not be tolerated at the workplace.
(2)
The Town of Victor will provide, on a continuing basis,
information on substance abuse, as well as information on health and safety
standards.
(3)
Any employee who has a substance abuse problem is urged
to seek help and may obtain confidential assistance and/or treatment through
Ontario County's Life Line referral program (1-800-333-0542).
(4)
Any employee who is convicted of any violation of a drug
statute which occurred at the workplace or during the course of work shall
notify his department head within five days of the conviction. The town shall,
within 10 days of receiving a notice of conviction of an employee whose work
is funded by a federal grant, notify the federal agency issuing said grant,
via the appropriate New York State agency.
B.
Any violation of these policies shall lead to disciplinary
action, up to and including discharge through the normal disciplinary channels,
within 30 days from receiving a notice of conviction from an employee.
It is the Town of Victor's intent and obligation to provide a drug-free,
healthful, safe and secure work environment.
All employees shall be advised of and provided with a copy of this policy
and notice of penalties that will be imposed for any violation of that policy.
[Adopted 12-11-1995]
As used in this Article, the following terms shall have the meanings
indicated:
The intoxicating agent in beverage alcohol, or: ethyl, methyl, or
isopropyl alcohol.
Commercial driver's license.
Marijuana, cocaine, amphetamines, phencyclidine or opiates.
Controlled substance.
Medical Review Officer, a licensed physician who reviews and interprets
laboratory results relative to a drug testing program.
National Highway Traffic Safety Administration.
Employees are prohibited from conduct that obstructs the testing
process. Employees that engage in such conduct shall be considered to have
refused to test.
All time for which your employer is compensating you (paid time)
that you may be required to operate a vehicle for which a CDL license is required,
regardless of whether or not you are actually assigned to operate a CDL required
vehicle. (This is considered to be time waiting to be dispatched.)
United States Department of Transportation Federal Highway Administration.
A.
The overall coordinator of this policy is the Town Supervisor
or his designee. Questions concerning this policy should be directed to the
Town Supervisor or appropriate department head.
B.
The Omnibus Transportation Employee Testing Act 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 Town of Victor who are
so classified are properly tested, the following policy and procedures will
apply.
A.
Prohibitions. 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 policy.
(3)
Reporting to work within four hours after using alcohol.
(4)
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.
B.
Required tests:
(1)
Pre-employment. 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,
or transfer in the case of current employees, with the Town of Victor for
a period of one year.
(3)
Alcohol breath test will be conducted within eight hours
of the accident.
(4)
Employees are expected to remain available for testing.
Failure to do so constitutes a refusal to test.
(5)
For purposes of this rule, 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 away from the scene.
(6)
Reasonable suspicion. Reasonable-suspicion testing will
be conducted when a trained supervisor observes behavior, speech, odor or
appearance that is characteristic of alcohol misuse. If a breath test cannot
be administered, the driver must be removed from performing safety-sensitive
duties for at least 24 hours.
(7)
Random testing. The annual percentage rate of alcohol
testing will be 25%. Tests will be conducted on an unannounced basis, spread
reasonably throughout the calendar year, and administered just before, during
or just after performance of a safety-sensitive function.
(8)
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 duty, at least six unannounced follow-up tests will be conducted during
the twelve-month period following the return-to-duty date.
(9)
Test refusal. Refusal to undergo any of the tests outlined
above will be treated the same as a positive test.
C.
Process for random selection. Drivers will be randomly
selected for testing from a pool of drivers, and the testing dates and times
will be unannounced and with unpredictable frequency throughout the year.
D.
Process for alcohol testing.
(1)
Alcohol screening will be conducted using evidential
breath testing devices (EBT). 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.
(2)
An initial test reading of 0.02% or greater, with a confirmation
reading 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.
E.
Consequences of alcohol misuse.
(1)
Employees of the Town of Victor who are required to have
a CDL (hereinafter referred to as "CDL employees") and who engage in prohibited
alcohol misuse in accordance with the testing procedures outlined above will
be immediately removed from safety-sensitive functions with no obligation
on the part of the employer for reassignment to a non-safety-sensitive position.
CDL employees who have engaged in alcohol misuse will be referred to a substance
abuse professional for evaluation, assistance and potential treatment. CDL
employees will not be permitted to return to a safety-sensitive position until
all treatment recommendations have been complied with and the individual has
been released to return to safety-sensitive duties by the substance abuse
professional. During the period of treatment, the employee will be eligible
to discharge accumulated sick, personal and/or vacation leave.
(2)
CDL employees noted above will be subject to the return to work testing requirements and follow-up testing requirements outlined in Subsection B above.
(3)
CDL employees may be subject to disciplinary action up
to and including termination in accordance with applicable Civil Service Law
and or Union contract provisions. Employees will be allowed one opportunity
for treatment and counseling under this policy. Subsequent positive tests
following return to duty will result in disciplinary action proposing termination.
Employees terminated under this policy will be ineligible for rehire.
F.
Confidentiality of records.
(1)
All driver alcohol testing records are confidential,
and test results will only be released to the Town of Victor and the substance
abuse professional. Any other release of information will only be allowed
with the driver's consent.
(2)
All dated records and notifications for verified positive
test results will be maintained for a period of five years.
(3)
All dated records and notifications for negative test
results will be maintained for a period of one year.
(4)
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.
A.
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 when use is under physician's
order and does not impair the individual's ability to operate a commercial
motor vehicle.
C.
Required tests:
(1)
Pre-employment. 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 Town of Victor for
a period of one year.
(4)
Controlled substances tests must be conducted within
32 hours of the accident.
(5)
Employees are expected to remain available for testing.
Failure to do so constitutes a refusal to test.
(6)
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.
(7)
Reasonable suspicion. Reasonable-suspicion testing will
be conducted when a trained supervisor observes behavior, speech, odor or
appearance that is characteristic of controlled substance misuse. Belief that
the driver has violated controlled substances prohibitions must be based upon
specific and articulable observations.
(8)
Random testing. The annual percentage rate of controlled
substances testing will be 50%. Tests will be conducted on an unannounced
basis, spread reasonably throughout the calendar year, and administered just
before, during or just after performance of safety-sensitive functions. Drivers
selected for random controlled substances tests will proceed immediately to
the testing site upon notification of being selected.
(9)
Return to duty. Return-to-duty testing 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 date.
(10)
Test refusal. Refusal to undergo any of the tests outlined
above will be treated the same as a positive test.
D.
Process for random selection. Drivers will be randomly
selected for testing from a pool of drivers, and the testing dates and times
will be unannounced with unpredictable frequency throughout the year. On-duty
drivers selected for controlled substances testing must report for testing
regardless of whether or not they are assigned to safety-sensitive functions
on the day they are selected. Once notified of selection testing, the driver
must proceed directly to a collection site for testing.
E.
Process for controlled substances testing.
(1)
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.
(2)
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 substances, 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.
(3)
All drug tests will be reviewed and interpreted by a
physician, i.e., a medical review officer (MRO), before they are reported
to the Town of Victor. 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.
F.
Consequences of positive drug test.
(1)
Employees of the Town of Victor who are required to have a CDL (hereinafter referred to as CDL employees) and who have engaged in controlled substances misuse will be immediately removed from the safety-sensitive function with no obligation on the part of the employer for reassignment to a non-safety-sensitive position. CDL employees who have engaged in controlled substances misuse will be referred to a substance abuse professional for evaluation, assistance and potential treatment. CDL employees will not be permitted to return to a safety-sensitive position unless and until all treatment recommendations have been complied with and the driver has been released to return to safety-sensitive duties by the substance abuse professional. During the period of treatment, the employee will be eligible to discharge accumulated sick, personal and/or vacation leave. CDL employees will be subject to the return to work testing requirements outlined in Subsection C above.
(2)
CDL employees may be subject to disciplinary action up
to and including termination in accordance with applicable Civil Service Law
and or Union contract provisions. Employees will be allowed one opportunity
for treatment and counseling under this policy. Subsequent positive tests
following return to duty will result in disciplinary action proposing termination.
Employees terminated under this policy will be ineligible for rehire.
G.
Confidentiality of records.
(1)
All driver drug testing records are confidential, and
test results will only be released to the Town of Victor and the substance
abuse professional. Any other release of information will only be allowed
with the driver's consent.
(2)
All dated records and notifications for verified positive
controlled substances test results will be maintained for a period of five
years.
(3)
All dated records and notification for negative controlled
substance test results will be maintained for a period of one year.
(4)
The records on any controlled substances 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 and local officials with regulatory
authority over the controlled substances program.
