[HISTORY: Adopted by the Town Board of the Town of Greenville 12-13-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 41.
A. 
The Town of Greenville is dedicated to providing safe and efficient service to our community. Moreover, we are dedicated to providing a safe workplace for our employees.
B. 
In order to meet this goal, we hereby endorse the Federal Highway Administration substance abuse regulations. We will provide training, education and other assistance to all employees driving Town vehicles, including all Town police officers. Drug testing, in compliance with Department of Transportation (DOT) regulations, is an integral part of our program. Noncompliance with this poling or violation of the regulations may result in severe disciplinary action including suspension or dismissal.
A. 
The Town has established an Employee Assistance Program (EAP) which includes education and training for drivers, supervisors and Town officials about controlled substances and alcohol.
B. 
The training program will cover the effects of controlled substance use on personal health, safety and the work environment. Manifestations and behavioral changes that may indicate controlled substance use and abuse will also be addressed. Documentation of these training sessions will be maintained.
A. 
No employee shall report for duty within four hours of consuming alcohol.
B. 
No employee shall use alcohol while on duty.
C. 
No employee shall be on duty while having an alcohol concentration of 0.04 or greater.
D. 
No employee shall be on duty or operate a Town vehicle and or commercial motor vehicle while the employee possesses alcohol, unless the alcohol is manifested and transported as part of a shipment.
E. 
No employee shall use alcohol for eight hours following an accident or until he/she undergoes a post-accident alcohol test, whichever occurs first.
F. 
No employee shall use controlled substances, except when pursuant to the instructions of a physician who has advised the employee that such use will not adversely affect the employee's ability to safely operate a commercial motor vehicle.
This policy applies to all Town drivers, including those drivers requiring commercial driver's license as defined by the Department of Transportation Title 49 Code of Federal Regulations Part 383.5.
A. 
Types of tests.
(1) 
Drug testing for marijuana, cocaine, opiates, amphetamines and PCP will be performed on urine specimens. Alcohol testing will be performed by means of breath-testing devices approved by the National Highway Traffic Safety Administration. Testing procedures will comply with Federal Motor Carrier regulations 49 CFR Part 40. Individual test reports will be maintained in each employee's confidential file.
(2) 
Six types of drug and alcohol tests are required under federal regulations: pre-employment, random, reasonable cause, return to duty, follow-up and post-accident. In addition, testing may be done as part of the periodic physical exam. We will be randomly testing all drivers at at least once in the year 1996.
B. 
All applicants for employment will submit to drug testing only.
C. 
Throughout the year, drivers are subject to unannounced testing on a random basis. The total number of random drug tests will equal or exceed 50% of the average number of commercial motor vehicle employee positions for which testing is required. The minimum alcohol testing rate will be 25%. Since drivers are chosen at random throughout the year, each individual employee may not be tested or may be tested once, twice or more in a given year.
D. 
A driver shall submit to testing, upon reasonable cause, when requested to do so by the Town. Conduct triggering testing under this part must be directly observed by a supervisor or Town official. The supervisor making this determination must have received training in the identification of behavior indicative of use of a controlled substance. Documentation of the employee's conduct shall be prepared and signed by the witness within 24 hours.
E. 
If a driver who violates policy is allowed to return to duty, a test will be conducted prior to the performance of a safety-sensitive function. In addition, the employee will be subject to unannounced follow-up testing. The frequency of such tests will be prescribed by a substance abuse professional and will consist of a minimum of six tests in the first 12 months following the employee's return to duty.
F. 
The driver will test for alcohol and drugs as soon as possible after an accident, if the employee receives a citation for a moving traffic violation related to the accident or there is a fatality. The alcohol test should be performed within two hours of the accident. If not tested within two hours, the employee may be tested for alcohol up to eight hours following the accident. The drug test will be performed within 32 hours of the accident.
A. 
Drug testing is done by means of urine collection and analysis. The specimen will be collected by trained personnel in accordance with DOT regulations. The specimen is divided into two separate containers (the primary sample and the split sample) and sealed in a tamper-evident container and shipped to a NIDA-certified lab for testing. Laboratory test results are reported to the medical review officer (MRO). Before reporting a positive test to the employer, the MRO will attempt to contact the employee to discuss the test results. If the MRO is unable to contact the employee directly, the MRO will contact the employer's Drug Program Administrator who will contact the employee. If no legitimate explanation for the positive test is found, the MRO will report the test as positive. If there is a valid explanation for the positive test other than illegal drug use, the MRO will report the test as negative. A test showing the presence of a medication which the employee has used in accordance with a valid prescription will be considered a negative test.
B. 
In the event of a positive drug test, the employee has the right to request that the split sample be sent to a different certified lab for testing. This request must be made within 72 hours of the time the employee was informed of the results by the MRO. The cost of the split performed will be at the driver's expense.
Certified breath alcohol technicians will perform these tests using evidential breath testing devices. If the test shows a result less than 0.02, the test is considered negative. If the alcohol concentration is 0.02 or greater, a confirmation test must be conducted. The confirmation test will be performed 15 minutes after the initial test, and the results of this test determine what actions will be taken.
A. 
Applicants for employment who test positive for drugs will not be hired.
B. 
Any driver who tests positive for alcohol at a level of 0.04 or higher or who tests positive for drugs will be removed from service, placed on unpaid leave of absence and be referred to a substance abuse professional (SAP). The SAP will determine what assistance, if any, the driver needs in resolving the problem.
C. 
If a driver tests positive for alcohol and the test result is between 0.02 and 0.04, the driver must be removed from driving or performing safety-sensitive duties for 24 hours. The driver must undergo an alcohol test with a negative result before returning to duty. No other action will be taken against the driver based solely on test results showing an alcohol concentration less than 0.04.
The consequences of refusing a test are the same as testing positive.
A. 
In order to be eligible to return to duty after a positive drug test or an alcohol level of 0.04 or higher, a driver must complete the course of rehabilitation prescribed by the substance abuse professional and undergo a return-to-duty test with a negative result. After returning to work, the driver must continue in an aftercare program and be subject to follow-up testing. If any follow-up test is verified positive for drugs or alcohol (0.04 or higher), the driver's employment will be terminated.
B. 
The costs of evaluation, rehabilitation and return-to-duty tests are the responsibility of the driver. The Town will pay for follow-up tests. Furthermore, the Town does not guarantee that a driver will be rehired after completing rehabilitation.