[HISTORY: Adopted by the Borough Council
of the Borough of Riverside 12-4-1995 by Ord. No. 1295. Amendments noted where
applicable.]
A.
Riverside Borough has a commitment to provide a safe
and helpful workplace for its employees and to ensure efficient services
to our residents. We also recognize that in order to accomplish our
goals, we must implement programs that will enable us to achieve our
objectives in a cost-effective manner while respecting the rights
of our workers.
B.
For example, statistics show that employees who are
substance abusers are absent from work about three times more often
than other employees, are about one-third less productive when they
are at work, and are about twice as likely to have industrial accidents.
Such employees are also more likely to steal from their employer and
their fellow employees, to have serious medical and emotional problems,
and to disregard safety policies and procedures.
C.
With these facts in mind, Riverside Borough must make
every reasonable attempt to establish a work environment that is free
from the adverse effects of drug and alcohol abuse, both directly
and indirectly. The purpose of this chapter is not to discipline or
discharge employees if they can be helped and rehabilitated. Rather,
the idea is to help employees solve their drug and alcohol problems
through counseling and rehabilitation. Discipline and discharge will
normally result only if employees refuse to cooperate or, after having
undergone a rehabilitation program, once again slip back into drug
or alcohol problems.
The objectives of this chapter are to:
A.
Assure that the workplace is free from the effects
of drug and alcohol use and that employees are fit to perform their
work duties and report for work regularly and on time.
B.
Establish effective means to detect and deal with
drug and alcohol abuse while respecting the rights of the workers.
The rights of workers include the right to privacy, as defined by
applicable law, to fair and evenhanded treatment, and to whatever
rights may exist by reason of a contract, including a labor contract,
governing their employment.
C.
Comply with applicable state and federal law.
The testing program will cover at least the
following substances present in the body: alcohol, cocaine, phencyclidine
(PCP), marijuana, opiates (including heroin) and amphetamines.
The Department of Transportation (DOT) has established
mandatory drug and alcohol testing regulations that affect certain
Borough of Riverside drivers and driver applicants. The Borough of
Riverside is committed to complying with these federal regulations.
Accordingly, the following DOT requirements will apply to all employees
with CDLs and applicants for CDL positions:
A.
Types of testing.
(1)
Preemployment. All applicants for positions requiring
a CDL will be tested for alcohol and drugs prior to commencing employment
with the Borough of Riverside. A driver applicant testing positive
for alcohol or drugs will not be considered for employment with the
Borough of Riverside.
(2)
Random testing. Each year, Riverside Borough will
use a random process to select at least 50% of its CDL drivers who
will be tested for the use of controlled substances. Additionally,
at least 50% of its CDL drivers will be randomly tested for alcohol
use in the first year of this chapter. Drivers selected on a random
basis for testing will be required to supply a urine sample for the
drug test and a blood sample for the alcohol test.
(3)
Reasonable cause testing. Testing will be required
by Riverside Borough upon reasonable cause. The conduct necessitating
testing, if at all feasible, shall have been witnessed by a supervisor.
Each witness must have received training in the detection of probable
drug or alcohol use by observing a person's behavior.
(4)
Mandatory post-accident testing.
(a)
Drivers will provide urine specimens for drug testing
as soon as possible after a Riverside Borough vehicle accident, but
in no case later than 32 hours after the accident. Drivers must be
tested for alcohol as soon as possible after a motor vehicle accident.
A driver may not consume alcohol until he has been tested.
(c)
If, as a consequence of an accident, a driver is seriously
injured and cannot provide a specimen at the time of the accident,
he must provide the necessary authorization for obtaining hospital
records and other documents that will indicate whether there were
any controlled substances or alcohol in his system at the time of
the accident.
(5)
Procedures to follow when an employee is tested.
(a)
Inform the employee, in as private a setting as reasonably
appropriate, that the employee is being taken for drug and/or alcohol
testing. If the test is required by DOT regulation, the employee is
also to be informed of that fact.
(b)
If the employee is represented by the union, attempt
should be made to contact a union representative.
(c)
The employee is to be accompanied by a designated
Borough official to the collection site.
(d)
Employees are required to follow all instructions
communicated to them by the individual at the collection site.
(e)
Employees are also required to understand, and comply
with, all the procedures set forth in the United States Department
of Transportation's regulations.
(f)
If an employee refuses to be taken for testing, or
refuses to cooperate in any way with the testing procedures, the employee
shall be deemed to have voluntarily resigned employment with the municipality
or be deemed to have violated this chapter.
(6)
Return-to-duty testing. If Riverside Borough offers
a driver reemployment after the driver has been referred to an alcohol
and substance abuse professional and the driver has undergone all
recommended treatment, the driver will be tested for alcohol and drugs
prior to being returned to duty. The driver must test negative prior
to returning to duty.
(7)
Follow-up testing. Any driver who has returned to
duty after a positive alcohol or drug test will be subject to unannounced
follow-up tests for a period up to 60 months. There will be at least
six follow-up tests for alcohol and three follow-up tests for drugs
given during the first 12 months.
B.
Other aspects of CDL policy.
(1)
Employee Assistance Program (EAP).
(a)
Riverside Borough will establish an Employee Assistance
Program, which will include the following:
[1]
An educational and training component for drivers,
addressing alcohol and controlled substances;
[2]
An education and training component for supervisory
personnel, addressing alcohol and controlled substances; and
[3]
A written statement, on file and available for
inspection, outlining Riverside's EAP.
(b)
The EAP training program for all drivers and supervisory
personnel will consist of at least 60 minutes of training. The training
program will also include the following elements:
[1]
The effects and consequences of alcohol and/or
controlled substance use on personal health, safety and the work environment;
[2]
The manifestations and behavioral causes that
may indicate alcohol and/or controlled substance use or abuse; and
[3]
Documentation of training given to drivers and
supervisory personnel.
(2)
Notification of test results. Riverside Borough will
notify its drivers and driver applicants of the results of tests conducted
pursuant to the DOT regulation. Drivers who test positive will also
be advised specifically what drug or the amount of alcohol that was
discovered.
(3)
Consequences of violating chapter; what constitutes
a violation of chapter.
(a)
An employee will be deemed to have violated this chapter
whenever the employee tests positive for alcohol or drugs, regardless
of whether a supervisor, or anyone else, determines that the employee
is impaired or that the employee's job performance was adversely affected.
[1]
A test is positive for alcohol when the result
is 0.04 or greater for post-accident, reasonable suspicion, and random
testing. A test is positive for alcohol when the result is 0.02 or
greater for preemployment, return-to-duty, and follow-up testing.
A test is positive for drugs whenever it exceeds the standards set
forth in 49 CFR Part 40.
[2]
When a person tests positive for alcohol for
post-accident, reasonable suspicion or on a random basis between 0.02
and 0.04, that employee will be removed from their position without
pay for at least 24 hours.
(b)
Employees will also be deemed to have violated this
chapter when they fail to cooperate as set forth in this chapter.
(4)
Employee to be removed from position.
(a)
An employee who tests positive will immediately be
removed from their position without pay and sent to a substance abuse
professional for an examination.
(b)
An employee who tests positive will be allowed one
opportunity during their entire employment with the municipality to
avoid discipline, provided they seek assistance and comply with all
of the requirements set forth in this chapter.
(c)
The employee must be examined by a substance abuse
professional acceptable to the Borough.
(d)
The employee must comply with all recommendations
of the substance abuse professional.
(e)
The employee must periodically submit reports from
any person or group designated by the substance abuse professional,
confirming that employee is complying with any aftercare recommendations.
(f)
The employee must pass a return-to-work drug and alcohol
test.
(g)
The employee must sign an agreement releasing all
medical information relating to drug or alcohol use to the Borough,
so that the Borough can ensure that the employee can perform the job
safely, and providing for follow-up testing, upon demand, for a period
of 12 months and further providing that the employee will be immediately
discharged for a second violation of this chapter.
(5)
Recordkeeping.
(a)
All of the records relating to the administration
and results of the municipality's alcohol and drug testing program
for its 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)
There shall be a Medical Review Officer who is a licensed
doctor of medicine or osteopathy with knowledge of drug abuse disorders
and who is employed by Riverside Borough to review alcohol and drug
testing results in accordance with the DOT regulations. The Medical
Review Officer for each subsidiary and/or division shall be the sole
custodian of individual test results for that division. The Medical
Review Officer shall retain the reports of individual test results
for a minimum of five years.
(c)
Riverside Borough shall retain in the driver's personnel
medical file information indicating only the following:
(d)
Riverside Borough 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 DOT regulations.
(6)
Access to test results and findings. 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.
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, up to and including termination, subject to any applicable
provisions and procedures of a collective bargaining agreement. "Illicit
drugs" includes prescription drugs for which the employee does not
have a valid prescription.
B.
Riverside Borough reserves the right, upon reasonable
suspicion, to ask for consent to search the vehicle or personal property
of any employee during working hours or while on Riverside Borough's
property or designated workplace.
C.
Any employee refusing to consent to or cooperate with
a reasonable search or investigation will be relieved of duty and
removed from the workplace, resulting in appropriate disciplinary
action, up to and including possible termination, for insubordination.
D.
Prescription drugs must be kept in their original
container identifying the drug, dosage, date of prescription and physician.
Employees are required to notify their supervisor if taking a prescription
drug that could impair their working ability or alertness.
E.
Third-party or contractor employees, while on Riverside
Borough property, will also be subjected to this chapter, with violations
resulting in removal from the premises.
F.
Off-duty conduct. Employees are also expected not
to engage in any off-duty or off-premises drug or alcohol-related
conduct which may affect their work performance or which causes adverse
publicity to Riverside Borough.
A.
Riverside Borough reserves the right to add to, change,
or modify this chapter, in its sole discretion, and to terminate any
employee at any time, except as those rights are restricted by law
or by any applicable collective bargaining obligation or agreement.
Riverside Borough accepts no liability in the event of an alleged
breach of any of the policies or procedures set forth in this chapter.
B.
Riverside Borough encourages every employee and prospective
employee voluntarily to comply with this chapter, not only for his
or her own safety, but for the safety of others. Because of its importance,
Riverside Borough will take all necessary steps to ensure implementation
of and compliance with this chapter.
This chapter will be limited by any applicable
federal or state law or municipal ordinance and by any applicable
collective bargaining agreements. Any portion of this chapter which
directly conflicts with such a collective bargaining agreement will
not be implemented for that bargaining unit, but shall be severable
and shall not affect the validity and enforcement of the remainder
of this chapter.
A.
This chapter and this document (or any accompanying
document executed or delivered pursuant to or in connection with this
chapter) are not intended to confer any contractual or other rights
or claims in favor of Riverside Borough employees.
B.
Any failure to implement this chapter, or any part
thereof, or any variation, addition, or omission to the procedures
set forth in this chapter shall not confer any contractual or other
rights or claims in favor of the employee not otherwise conferred
by law. (You remain employed at-will.)
