This policy is based upon the Town and Village - Drug and Alcohol Testing
Association (T.V.-D.A.T.A.) practice and policy prohibiting the use of alcohol
and drugs on the job, the Federal Drug Free Workplace Act of 1989 and the
soon to be in effect Omnibus Transportation Employee Testing Act (OTETA).
The OTETA is scheduled to take effect for T.V.-D.A.T.A. members on January
1, 1996, and the members will comply with United State Department of Transportation
rules which mandate preemployment, reasonable suspicion, post accident, random
follow-up and return-to-duty drug and alcohol testing of employees in various
positions requiring the possession of a commercial driver's license and
defined as safety sensitive.
Each Town and Village - Drug and Alcohol Testing Association member
will assist his employees who have a drug or alcohol dependency to recover
from such addiction, provided that the employee seeks and accepts assistance.
However, the municipality may take appropriate formal disciplinary action,
in accordance with this policy. It is important to emphasize that employees
with drug and/or alcohol problems, who wish to avail themselves of rehabilitative
services under the health insurance or any other rehabilitation program, should
pursue help before they are determined to be in violation of the municipality's
drug-free workplace policy.
After January 1, 1996, all drivers with commercial driver's licenses
(CDL), performing safety-sensitive functions, operating a vehicle with a gross
weight of 26,000 pounds or more on a public highway or a motor vehicle requiring
a placard, as defined by the Federal Highway Administration, will be subject
to drug and alcohol testing.
Safety-sensitive functions are as follows:
A. All time at a carrier facility, or other property, waiting
to be dispatched, unless the driver has been relieved from duty by employer.
B. All time inspecting equipment or servicing or conditioning
any commercial motor vehicle, at any time.
C. All time spent at the driving controls of a commercial
motor vehicle.
D. All time, other than driving time, spent on or in a commercial
motor vehicle.
E. All time loading or unloading a commercial motor vehicle,
supervising or assisting in loading a commercial motor vehicle, attending
a vehicle being loaded or unloaded or remaining in readiness to operate a
vehicle.
F. All time spent performing the driver requirements associated
with an accident.
G. All time repairing, obtaining assistance or remaining
in attendance upon a disabled vehicle.
The following alcohol and controlled-substance-related activities are
prohibited by the Federal Highway Administration's drug use and alcohol
misuse rules for drivers of commercial motor vehicles:
A. Reporting for duty or remaining on duty to perform safety-sensitive
functions while having an alcohol concentration of 0.04 or greater .
B. Being on duty or operating a commercial vehicle (CMV)
while the driver possesses alcohol, unless alcohol is manifested and transported
as part of a shipment. This includes the possession of medicines containing
alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.
C. Using alcohol while performing safety-sensitive functions.
D. When required to take a post-accident alcohol test, using
alcohol within eight hours following the accident or prior to undergoing a
post-accident alcohol test, whichever comes first.
E. Refusing to submit to an alcohol or controlled substance
test required by post-accident, random, reasonable suspicion or follow-up
testing requirements.
F. Reporting for duty or remaining on duty, requiring the
performance of safety-sensitive functions, when the driver uses any controlled
substance. Except when instructed by a physician who has advised the driver
that the substance does not adversely affect the driver's ability to
safely operate a CMV.
G. Reporting for duty, remaining on duty or performing a
safety-sensitive function, if the driver tests positive for controlled substances.
Random alcohol testing shall be conducted in accordance with the following
requirements:
A. Random alcohol testing shall be administered at a minimum
annual rate of 25% of the average number of driver positions.
B. The employer shall ensure that random alcohol tests are
unannounced and spread reasonably throughout the calendar year.
C. The employer shall ensure that drivers selected for random
alcohol tests proceed immediately to the testing site upon notification of
being selected.
D. A driver shall only be tested for alcohol while the driver
is performing safety-sensitive functions, immediately prior to performing
or immediately after performing safety-sensitive functions.
E. Employers may pool interstate and intrastate drivers
together for random alcohol testing.
F. If an employer is required to conduct random alcohol
testing under the rules of more than one DOT agency, the employer may either:
(1) Establish separate pools for random selection, with each
pool containing the DOT covered employees who are subject to testing at the
same required minimum annual percentage rate; or
(2) Randomly select such employees for testing at the highest
minimum annual percentage rate established for the calendar year by any DOT
agency to which the employer is subject.
G. In the event that a driver who is selected for a random
alcohol test is on vacation or an extended medical absence, the employer can
either select another driver for testing or keep the original selection confidential
until the driver returns.
Random controlled substances testing shall be conducted in accordance
with the following requirements:
A. Employer must use a scientifically valid method, such
as a random number table which is matched with the driver's social security
number.
B. Random controlled substances testing shall be administered
at a minimum annual rate of 50% of the average number of driver positions.
C. The employer shall ensure that random controlled substances
tests are unannounced and spread reasonably throughout the calendar year.
D. The employer shall ensure that drivers selected for random
controlled substances tests proceed immediately to the testing site upon notification
of being selected.
Persons with a CDL license and who are immediately available to perform a safety-sensitive function (as noted in §
15-4 of this policy) will be subject to drug testing.
A. Drugs tested for; employee testing procedure.
(1) DOT agency drug testing programs require that employees
be tested for marijuana, cocaine, opiates, amphetamines and phencydidine.
(2) The employee will be notified by the supervisor and he/she
will be instructed to go to a specified location for a drug test.
(3) Once at the collection site, the employee will be given
a sealed specimen bottle or a sealed collection container and provided a room
that will afford the employee visual and aural privacy for him/her to provide
a urine sample for drug testing.
(4) Once a sample is collected, the employee is to return the sample to the collector immediately. The sample will be checked for temperature and it will be recorded on the official form. The specimen will be split into Bottle A and bottle B. The official form and two specimen bottles will be sent to a laboratory for testing of the five drugs listed in Subsection
A(1) of this section.
B. Laboratory procedure; review of test results; notice
to employee.
(1) The laboratory shall report as negative all specimens
that are negative on the initial test. Only specimens confirmed positive shall
be reported positive for a specific drug.
(2) The laboratory has five working days after receipt of
the specimen to report the results of the tests to the Medical Review Officer.
(3) The Medical Review Officer shall review confirmed positive
results, making sure all steps have been taken to assure an accurate test.
(4) Prior to making a final decision to verify a positive
test result for an employee, the Medical Review Officer shall contact the
employee directly, on a confidential basis, to determine if he/she wishes
to discuss the test results. A medically licensed or certified staff person
under the Medical Review Officer's supervision may gather information
from the employee. The Medical Review Officer shall talk directly with the
employee before verifying a test as positive.
(5) If, after making all reasonable efforts and documenting
them, the Medical Review Officer is unable to reach the employee directly,
he/she shall contact a designated management official who shall direct the
employee to contact the Medical Review Officer as soon as possible. The management
official shall employ a procedure that ensures that this notice is held in
confidence.
C. Verification of test without employee knowledge. The
Medical Review Officer may verify a test as positive without having communicated
directly with the employee about the test in two circumstances:
(1) The employee expressly declines the opportunity to discuss
the test.
(2) The designated employer representative has successfully
made and documented a contact with the employee and instructed the employee
to contact the Medical Review Officer and more than five days have passed
since the date the employee was successfully contacted.
D. Employee procedure upon positive verification.
(1) If a test is verified positive under the circumstances specified in Subsection
C(1) or
(2) of this section, the employee may present, to the Medical Review Officer, information documenting that serious illness, injury, or other circumstances unavoidably prevented the employee from timely contacting the Medical Review Officer. The Medical Review Officer, on the basis of such information, may reopen the verification, allowing the employee to present information concerning a legitimate explanation for the confirmed positive test. If the Medical Review Officer concludes that there is a legitimate explanation, the Medical Review Officer declares the test to be negative.
(2) If a test is verified positive by the Medical Review
Officer, the employee has 72 hours after the Medical Review Officer successfully
made and documented a contact with the employee, to ask that Specimen B or
a split specimen be tested. The Medical Review Officer shall direct, in writing,
the laboratory to provide the split specimen to another DHHS certified laboratory
for analysis. If the analysis fails to reaffirm the presence of the drug(s)
or drug metabolite(s) found in the primary specimen, or if the split specimen
is unavailable, inadequate for testing or untestable, the Medical Review Officer
shall cancel the test and report cancellation and the reasons for it to the
DOT, the employer and the employee.
E. If a test is verified positive under the circumstances specified in Subsection
D(1) or
(2) of this section, the employee will be notified by the Medical Review Officer, who shall refer the case to the management official empowered to recommend the town's or village's evaluation and disciplinary penalties. (Refer to §
15-17 of this chapter.)
F. All drug and alcohol testing shall be done on town or
village time. All town or village employees will be transported by the municipality
to and from the test site. Each municipality shall also transport employees
who have 0.02 or greater level of alcohol to their place of residence.