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 during working hours which results in:
B.
A Town driver being cited for a moving traffic
violation.
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol,
or other low-molecular-weight alcohol including methyl and isopropyl
alcohol.
DRUG
A.
Any substance listed on Schedule 1 of Appendix
D to Subchapter B of Title 49 of the Code of Federal Regulations or
other substance identified in Schedule 1;
B.
An amphetamine or any formulation thereof;
C.
A narcotic drug or any derivative thereof; or
D.
Any other substance, to a degree that renders
the driver incapable of safely operating a motor vehicle.
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 any evidential
breath test.
ALCOHOL USE
The drinking or swallowing of any beverage, liquid mixture,
or preparation, including any medication containing alcohol.
CDL
Commercial driver's license.
COMMERCIAL MOTOR VEHICLE
A motor vehicle or combination of motor vehicles that operates
at normal highway speeds and:
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
A.
For alcohol, a subsequent test using an evidential
breath-testing device, following a screening test with a result of
greater than 0.00, that provides quantitative data about the alcohol
concentration.
B.
For drugs, a second analytical procedure, following
the initial urine testing performed on a urine specimen, to identify
and quantify the presence of a specific drug or drug metabolite.
C.
Such test is to be ordered and paid for by the
employee by contacting the lab that performed the initial test.
DESIGNATED EMPLOYER REPRESENTATIVE (DER)
The Town Highway Superintendent, who is authorized by the
Town to take immediate action(s) to remove employees from driving
duties or cause employees to be removed from driving duties and to
make required decisions in the testing and evaluation processes. The
DER also receives test results and other communications for the Town,
consistent with USDOT regulations.
DRIVER
Any employee required by federal law and regulation to possess
a CDL in order to operate a commercial motor vehicle as defined by
federal law and regulation. For the purposes of pre-employment/pre-duty
testing only, the term "driver" includes a person applying to the
Town to drive a commercial motor vehicle.
DRIVING
These activities by an employee who holds a federally required
CDL:
A.
All time at or on Town property, or on any public
property, waiting to be dispatched, unless the driver has been relieved
from duty by the Town Highway Superintendent;
B.
All time inspecting equipment as required by
federal regulations or otherwise inspecting, servicing or conditioning
any commercial motor vehicles 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; and
G.
All time repairing, obtaining assistance, or
remaining in attendance upon a disabled vehicle.
MEDICAL REVIEW OFFICER (MRO)
A licensed physician responsible for receiving and reviewing
laboratory results generated by the Town's drug testing program and
evaluating medical explanations for certain drug test results.
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 Town.
REFUSE TO SUBMIT
A.
To an alcohol or urine test means that a driver:
(1)
For alcohol,
(a)
Fails to appear for any test (except a pre-employment
test) within a reasonable time, as determined by the Town, after being
directed to do so by the Town or a third-party administrator;
(b)
Fails to remain at the testing site until the
testing process is complete (but an applicant who leaves the testing
site before the testing process commences for a pre-employment test
has not refused to a test);
(c)
Fails to provide an adequate amount of saliva
or breath for any required alcohol test (but an applicant who does
not provide an adequate amount of saliva or breath because the applicant
has left the testing site before the testing process commences for
a pre-employment test has not refused to a test);
(d)
Fails to provide a sufficient breath specimen,
and the physician has determined, through a required medical evaluation,
that there was no adequate medical explanation for the failure;
(e)
Fails to undergo a medical examination or evaluation,
as directed by the Town as part of the insufficient breath procedures;
(f)
Fails to sign the certification at Step 2 of
the Alcohol Testing Form;
(g)
Fails to cooperate with any part of the testing
process.
(2)
For drugs,
(a)
Fails to appear for any test (except a pre-employment
test) within a reasonable time, as determined by the Town, after being
directed to do so by the Town or a third-party administrator;
(b)
Fails to remain at the testing site until the
testing process is complete (but an applicant who leaves the testing
site before the testing process commences for a pre-employment test
has not refused to a test);
(c)
Fails to provide a urine specimen for any required
drug test (but an applicant who does not provide a urine specimen
because the applicant has left the testing site before the testing
process commences for a pre-employment test has not refused to test);
(d)
In the case of a directly observed or monitored
collection in a drug test, fails to permit the observation or monitoring
of the provision of a specimen;
(e)
Fails to provide a sufficient amount of urine
when directed, and it has been determined, through medical evaluation,
that there was no adequate medical explanation for failure;
(f)
Fails or declines to take a second test the
Town or collector has directed to be taken;
(g)
Fails to undergo a medical examination or evaluation,
as directed by the MRO as part of the verification process or as directed
by the DER. In the case of a pre-employment drug test, the applicant
is deemed to have refused to test on this basis only if the pre-employment
test is conducted following a contingent offer of employment;
(h)
Fails to cooperate with any part of the testing
process (for example, refuses to empty pockets when so directed by
the collector, behaves in confrontational way that disrupts the collection
process); or
(i)
Provides a verified adulterated or substituted
urine specimen.
B.
A refusal to take or submit to a drug or alcohol
test will be treated as a positive result and incurs the same consequences
as a violation of USDOT regulations.
SCREENING TEST
Also known as the initial test, means:
A.
In alcohol testing, an analytical procedure
to determine whether a driver may have a prohibited concentration
of alcohol in his or her system (in a breath or saliva specimen);
and
B.
In drug testing, the test used to differentiate
a negative specimen from one that requires further testing for drugs
or drug metabolites.
SUBSTANCE ABUSE PROFESSIONAL
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 and who evaluates employees who have violated a USDOT regulation
and makes recommendations concerning education, treatment, follow-up
testing, and aftercare.
To ensure the integrity and accuracy of each
test, all breath and specimen collection, analysis and laboratory
procedures shall be conducted in accordance with USDOT 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 USDOT-approved testing devices for conducting alcohol tests;
E. The use of federally approved labs as selected by
the Town or by a contractor that may be retained by the Town 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 a second test; and
H. The Town's appointment of a qualified MRO to review
urine test results.
A driver for the Town shall not:
A. Report for duty or remain on duty requiring the performance
of driving functions while the driver has an alcohol concentration
of greater than 0.04;
B. Possess any amount of alcohol (including alcohol found
in medications, food, or other alcohol-containing products) while
on duty or operating a commercial motor vehicle;
C. Use alcohol at any time while performing any driving
function;
D. Have a concentration of alcohol greater than 0.04
prior to performing any driving function;
E. Use alcohol for eight hours following an accident
or until the driver undergoes a post-accident alcohol test, whichever
occurs first;
F. Refuse to submit to an alcohol or urine test;
G. Consume alcohol when notified of or informed of being
on call;
H. Fail to inform the DER of therapeutic drug use;
I. Report for duty or remain on duty when required to
drive when the driver uses any drug, except when the use is pursuant
to the instructions of a physician who has advised the driver that
the drug does not adversely affect the driver's ability to safely
operate a commercial motor vehicle;
J. Report for duty, remain on duty, or perform driving
functions when testing positive for drugs or alcohol; or
K. Fail to inform the DER of nontherapeutic drug use.
An employee tested for drugs must contact the
DER and the Town's MRO daily while awaiting the results of the test
and must also advise the DER of his or her whereabouts and a telephone
number where he or she may be reached during time away from work.
An employee who refuses to do so or fails to contact the Town and
the Town's MRO will be considered insubordinate and subject to disciplinary
action, up to and including discharge, in accordance with New York
State civil service regulations. In addition, an employee who fails
to contact the DER and the Town's MRO shall waive his or her right
to speak with the Town's MRO before a test is confirmed to the Town
as positive.
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.