As used in this chapter, the following terms
shall have the meanings indicated:
ACCIDENT
Any occurrence involving a commercial motor vehicle operating
on a public road which results in:
B.
A driver being cited for a moving traffic violation,
if the accident involved:
[Amended 8-10-1998]
(1)
Bodily injury to any person who, as a result
of the injury, immediately receives treatment away from the scene
of the accident; or
(2)
One or more motor vehicles incurring disabling
damage as a result of the accident, requiring the motor vehicle to
be transported away from the scene by a tow truck or other motor vehicle.
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol
or other low molecular weight alcohol, 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 VEHICLE
A motor vehicle or combination of motor vehicles used to
transport passengers or property that:
A.
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
B.
Has a gross vehicle weight rating of 26,001
or more pounds.
CONFIRMATION TEST
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. For urine testing, a "confirmation
test" means a second analytical procedure to identify the presence
of a specific drug or metabolite which is independent of the initial
test and which uses a different technique and chemical principle from
that of the screen test in order to ensure reliability and accuracy.
[Amended 8-10-1998]
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
Includes the performance of safety-sensitive functions by
a driver as stated below:
[Amended 8-10-1998]
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 Village Clerk-Treasurer.
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.
G.
All time repairing, obtaining assistance or
remaining in attendance upon a disabled vehicle.
DRUG
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)
A driver:
A.
Fails 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.
Fails 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.
Engages in conduct that clearly obstructs the
testing process.
SCREENING TEST (also known as the "initial test")
In alcohol testing, an analytical procedure to determine
whether a driver may have a prohibited concentration of alcohol in
his or her system. In urine testing, it means a screening to eliminate
"negative" urine specimens from further consideration.
SUBSTANCE ABUSE PROFESSIONAL (SAP)
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.
To ensure the integrity and accuracy of each
test, all specimen collection, analysis and laboratory procedures
shall be conducted in accordance with DOT rules. This includes, among
other things:
A. Procedures to ensure the correct identity of each
driver at the time of testing.
B. A chain of custody procedure to protect a driver's
urine specimen.
C. The use of "split" urine samples to allow for a verification
of an initial positive test.
D. The use of a trained breath alcohol technician (BAT)
and DOT-approved testing devices for conducting alcohol tests.
E. The use of a federally approved lab as selected by
the Village or by a contractor that may be retained by the Village
to perform testing.
F. The confirmation of an initial positive urine test
by a second test.
G. The confirmation of an initial positive breath test
by second test.
H. The Village's appointment of a qualified MRO to review
urine test results.
[Amended 8-10-1998]
Employees who have taken and are awaiting the
results of a drug test must advise the testing agent and the Village
Clerk-Treasurer of how they can be reached at home and at work. An
employee who refuses to do so or fails to contact the Village will
be considered insubordinate and subject to disciplinary action, up
to and including discharge, in accordance with the negotiated labor
agreement. The failure to provide the contact information could result
in the MRO's being unable to discuss a test with an employee prior
to MRO's verification of the test as a positive test.
The results of all individual drug and alcohol
tests will be kept in a secure location with controlled access. All
individual test results are confidential. The release of an individual
driver's results will only be given in accordance with the employee's
written authorization or as is otherwise required by federal law or
regulation.