[Adopted 12-19-1995]
In order to assure the safety of its citizens and staff, it is the policy
of the Town of Berne that no person who has engaged in conduct involving the
use of controlled substances or the misuse of alcohol as prohibited in regulations
issued by the Federal Highway Administration (40 CFR Part 382) shall perform
safety-sensitive transportation functions as defined by the regulations. The
Federal Highway Administration regulations cover individuals who hold commercial
driver's licenses (CDL). All Town employees who drive or maintain Town motor
vehicles shall be considered covered individuals for the purpose of this policy.
In order to assure that individuals affected by this policy are deterred
from engaging in prohibited conduct, the Town Supervisor shall inform affected
individuals of the conduct that is prohibited, the consequences of engaging
in prohibited conduct, and the procedures the Town has established to enforce
the prohibitions. The Town Supervisor shall further inform individuals about
the effects of alcohol and controlled substances use, the symptoms of misuse,
the methods of intervening and the resources available to assist the individual
in evaluating and resolving problems associated with the use of controlled
substances or the misuse of alcohol. All affected individuals are required
to submit to such procedures as the Town deems necessary to enforce this policy.
These shall include drug and alcohol testing procedures established in the
regulations.
The Town Supervisor shall establish a program of assistance which allows
individuals who have engaged in prohibited conduct the opportunity to obtain
such evaluation and rehabilitation as may be required to resolve problems
involving the misuse of alcohol and controlled substances. An employee's
declination to perform safety-sensitive functions prior to a notification
to report for testing may result in referral to such an evaluation and assistance
program as may be established, but shall otherwise be without penalty.
