[HISTORY: Adopted by the Board of Supervisors of the Township
of Unity as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-22-1995 by Res. No. R-52-95; amended in its entirety 3-11-1996 by Res. No. R-8-96]
This policy is established by resolution of the Board of Supervisors
of Unity Township, Westmoreland County, adopted March 11, 1996. The
policy shall be effective January 1, 1996, and shall continue in effect
until amended or terminated by resolution of the Board of Supervisors.
The purpose of this article is to:
A.
Comply
with the requirements of employers pursuant to the federal legislation
concerning commercial drivers' licenses (CDL) pursuant to the Omnibus
Transportation Employee Testing Act of 1991 and the federal regulations
thereto insofar as they apply to this Township.
B.
Conform
the employment policies of this Township with the requirements of
said law and regulations.
The policy shall apply only to those employees and applicants
for employment who are required to have a CDL for their employment
by the Township and who are assigned to operate Township owned, leased
or borrowed vehicles or equipment requiring CDL licensure.
The regulations of the Federal Highway Management Administration
are hereby adopted by reference insofar as they apply to this Township
and this article.
A.
Employees shall not use, sell, possess or receive alcohol or illegal drugs or distribute or sell prescription drugs while on duty. Violation of these rules will subject the employee to discipline and/or dismissal pursuant to the provisions of § 17-8 of this article, subject to any applicable provisions and procedures of the collective bargaining agreement in effect, if any.
B.
Prescription
drugs must be kept in their original containers, identifying the drug,
dosage, date of prescription and physician. Employees are required
to notify their designated supervisory personnel if they are taking
a prescription drug and shall file with the Township a statement on
a form provided by the Township from the doctor who issued such prescription
stating whether or not such prescription drugs will impair the employee's
ability to operate a CDL vehicle or equipment. The term "illegal drug"
shall include drugs for which the employee does not have a valid prescription
and cocaine, phencyclidine (PCP), marijuana, opiates (including heroin),
amphetamines and such other illegal drugs as may be identified from
time to time.
The following drug and alcohol tests procedures shall be applicable
to all employees and applicants for employment to whom this article
applies:
A.
Preemployment.
All applicants for employment shall be tested for drugs prior to acceptance
for employment by the Township. Any applicant testing positive shall
not be considered for employment. The Township will pay for the cost
of this test to be administered at a Township approved site.
B.
Random.
The Township will implement a random testing procedure which meets
the requirements of the federal regulations. The procedure shall include
Township-paid tests of affected employees on a random basis and shall
be conducted without any advance notice; but shall be done not less
than on a quarterly basis. The number of affected employees selected
shall be a least 50% of the employees for drug testing and 25% of
the employees for alcohol testing annually; provided, however, that
the requirements of this article shall be satisfied if the above percentages
are selected from a pool of employees which includes the Township's
employees.
C.
Reasonable cause. Any employee giving reasonable cause to believe that he or she is in violation of the policy established in § 17-5 above shall be subjected to Township-paid testing immediately upon observation of such reasonable cause by trained supervisory personnel. Reasonable cause shall be limited to behavior or conduct observed at the workplace or en route to a workplace during working hours. Observation shall be by supervisory personnel who have received at least one hour of training in drug use detection and one hour of training in alcohol use detection. Supervisory personnel making reasonable cause observations shall make and file with the Township a written report on a form provided by the Township of the attendant circumstances. Such reports shall be confidential.
D.
Post
accident. Any employee involved in an accident as defined herein shall
be tested at the Township's expense for drugs as soon after an accident
occurs as is possible, but no later than 32 hours, and for alcohol
as soon after an accident as possible, but no later than eight hours,
provided that:
(1)
Testing should not take precedence over needed medical
treatment or other needed emergency measures.
(2)
If for any reason the tests cannot be obtained within the times provided, the tests shall not be administered. However, refusal to submit to a test or interfering with the successful completion of such a test shall be deemed a positive test result in accordance with § 17-7 below.
(3)
No employee shall consume alcohol or illegal drugs
between the time of the accident and the test administration.
E.
All
random, reasonable cause and post accident tests shall be done on
Township time.
Any refusal or failure by the CDL employee or applicant to submit
to any test required by this article or the applicable law, shall
be deemed to be a positive result. Refusal to submit to a test under
this article shall include any act or omission which prevents, thwarts
or frustrates the objectives of this article, including without limitation
the following: refusal to submit in a timely fashion to testing; refusal
or failure by the employee or applicant to complete, sign or initial
the required testing form; refusal or failure without good cause to
provide any sample or provide an adequate sample for testing; and/or
failure or refusal to otherwise cooperate with the testing process
in a way which prevents the completion of any required test.
A.
Alcohol testing. Alcohol testing shall be conducted using a federally approved breathalyzer. Any employee receiving a test result of greater than 0.02 but less than 0.04 breath alcohol level shall be removed from safety sensitive duties, as defined in the Act and the regulations, for 24 hours. Any test result of greater than 0.04 breath alcohol level shall be considered a positive test and shall subject the employee to the disciplinary provisions of § 17-8 of this article.
B.
Drug testing. Drug testing shall be conducted by urine sample which shall be analyzed at a federally approved testing facility. Any test result showing the presence of illegal drugs shall be considered a positive test and shall subject the employee to the disciplinary provisions of § 17-8 of this article. Any employee testing positive for illegal drugs may request a split sample of the same specimen to be retested, at the employee's expense. Employees should speak with the Medical Review Officer about such request.
A.
Option
of return to duty offered once. An employee who tests positive for
a drug and/or alcohol test will be allowed to return to CDL duty if
this is the employee's first positive test and the employee, prior
to returning to CDL duty:
(1)
Consults such drug and alcohol abuse professionals
to whom the employee has been referred as provided under the health
benefits provisions under the appropriate collective bargaining agreement.
(2)
Completes all recommended treatment with health care
benefits being provided to the extent available under the appropriate
collective bargaining agreement.
B.
Any
subsequent positive result to an alcohol test by the same employee
will result in the employee being issued a thirty-day unpaid disciplinary
suspension. During the suspension the employee will be required to
first use any and all accrued vacation time and then any sick time
for which he is eligible.
C.
Any
subsequent positive result to a drug and/or alcohol test by this same
employee will subject that employee to immediate dismissal by the
Township at its discretion.
If an employee who tests positive for a drug and/or alcohol
test is offered the chance to return to CDL duty, that employee shall
be subject to unannounced follow-up drug and/or alcohol tests as directed
by the substance abuse professional for a period of 60 months following
return to CDL duty. At least six unannounced follow-up drug and/or
alcohol tests shall be conducted in the first 12 months following
return to CDL duty. Such tests shall be conducted as directed by the
assigned substance abuse professional. A positive result on any test
administered during this probationary period automatically subjects
the employee to immediate dismissal. Follow-up tests required under
this section shall be paid for by the Township.
Employees will be notified of their positive test results. Test
results shall be retained by the Medical Review Officer responsible
for analyzing the employee's test results. Said results shall be held
in strictest confidence and shall be accessible only to the employee,
the employer and such other persons authorized by law and shall not
be released to any other person except with the written consent of
the employee. The results of tests made known to the Township may
be released to future employers in accordance with the federal regulations.
All files, documents and records of the Township related to
the application of this article to individual employees shall be deemed
and kept confidential by the Township.
A.
All of the records relating to the administration and
results of the Township's alcohol and drug testing program for its
CDL drivers will be maintained for a minimum period of five years,
except that individual negative test results will be maintained for
a minimum of 12 months.
B.
Tests will be conducted by a licensed facility and
will be analyzed by a Medical Review Officer. The Medical Review Officer
who is appointed shall be a licensed doctor of medicine or osteopathy
with knowledge of drug and alcohol abuse disorders and who is employed
by the Township or group which the Township has joined to conduct
alcohol and drug testing in accordance with the federal regulations.
The Medical Review Officer shall be the sole custodian of individual
test results. The Medical Review Officer shall retain the reports
of individual test results for a minimum of five years.
C.
The Township shall retain in the employee's personnel
file information indicating only the following:
D.
The Township will also maintain an annual calendar
year summary of the records related to the administration and results
of the testing program for its drivers under the federal regulations.
No person may obtain the individual test results retained by
the Medical Review Officer, and no Medical Review Officer shall release
the individual test results of any employee to any person without
first obtaining written authorization from the tested individual,
unless otherwise required by law.
The Township shall establish the following:
A.
A list of consultative and treatment services available
in the area for drug and alcohol abuse problems. Said list shall be
given to each employee or posted at a place readily accessible to
employees.
B.
A list of educational and training resources available
in the area for drug and alcohol abuse problems. Said list shall be
given to each employee or posted at a place readily accessible to
employees.
C.
A place or service for referring employees who test
positive for drugs or alcohol for consultation and treatment.
D.
A one-hour training and educational program for employees.
E.
One hour of training each in drug and alcohol detection
and related matters for supervisory personnel. Said training programs
shall include the following components:
A.
The following entity is designated by the Township
for the purpose of providing information to employees concerning the
federal laws and regulations governing the testing of CDL employees
and for implementing and monitoring the Township's compliance with
the federal testing program:
|
PSATS CDL Drug and Alcohol Testing Program
|
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3001 Gettysburg Road
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Camp Hill, PA 17011
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Phone: 1-800-235-7579
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Fax: 1-717-763-9732
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B.
Designation of the PSATS Program as available to provide
information to the Township's employees shall continue for as long
as the Township is a member in good standing in the PSATS Program.
A.
This article shall be implemented with the constitutional
and legal rights of the employees subjected to it.
B.
This article shall not be deemed to be a covenant of
employment or other form of covenant or contract between the Township
and any employee.
C.
Any collective bargaining agreement entered by the
Township subsequent to the adoption of this article shall conform
to the provisions of this article.
D.
Any agreement for the sharing, leasing, lending or
other transfer of CDL employees between the Township and any other
municipality or private enterprise shall address in writing the status
of said employees as to whether they are employees of the receiving
entity during the period of the transfer.
E.
Any contract for services involving CDL employees shall
expressly state whether the contracting party is an independent contractor
or employee/agent of the Township.
The definition of terms shall be as contained in the relevant
federal regulations.
A.
A copy of this article shall be delivered to every
employee and applicant for employment who is subject to it and to
all supervisory personnel. Such employee shall sign an acknowledgment
of receipt of the article.
B.
A copy of the controlling law and federal regulations
shall be maintained in the Township offices and shall be accessible
to employees, upon request.
This article will be limited by any applicable federal and state
law or municipal ordinance and by any applicable collective bargaining
agreements. Any portion of this article which directly conflicts with
such a law, ordinance or agreement will not be implemented in that
jurisdiction or bargaining unit, but shall be severable and shall
not affect the validity and enforcement of the remainder of the article.
This article does not affect an employee's right to file a grievance
over administration of this article; however, the union has agreed
to the terms of this article.
Employees who voluntarily notify the Township that they are
unfit to work under this article prior to reporting for work, shall
not be disciplined for notifying the Township of their unfit condition.
