[Adopted 1-17-1996 by Res. No. 96-2]
Jackson Township has a commitment to provide a safe and healthy
workplace for its employees and to insure efficient delivery of services
to the public. The Board of Supervisors recognizes that, in order
to accomplish this goal, it must implement programs that will enable
the Township to achieve its objectives in a cost-effective manner,
while respecting the rights of Township employees. Statistics show
that employees who are substance abusers are absent from work approximately
three times more often than are other employees, are less productive
when they are at work and are twice as likely as others to have accidents
in the workplace. Statistics indicated that such employees also are
more likely to experience serious medical and emotional problems and
to disregard safety policies and procedures. With this in mind, the
Board of Supervisors must make every reasonable attempt to establish
a work environment that is free, directly and indirectly, from the
adverse effects of drug and alcohol abuse.
The general objectives of the Board of Supervisors in adopting
this Part 6 and policy include the following:
A.
No employee of Jackson Township shall use, consume, possess, sell,
distribute or receive alcohol and/or illegal drugs or substances ("prohibited
substances"), nor shall any employee of Jackson Township distribute
or sell prescription drugs while on or within property of Jackson
Township and/or engaged in the course of his or her employment. Violation
of these rules by an employee shall subject the employee to discipline,
up to and including discharge, subject to applicable provisions and
procedures of a collective bargaining agreement. Illegal drugs and
prohibited substances shall include prescription medication for which
the employee does not have a valid prescription.
B.
Jackson Township reserves the right, upon reasonable suspicion or
other good cause, to search lockers situated upon its premises and
made available for use by its employees.
C.
Any employee refusing to consent or cooperate with a reasonable search
or investigation will be relieved of duty and removed from Township
property or workplace and will be subject to discipline, up to and
including discharge, for insubordination.
D.
Prescription drugs and medications should be kept in their original
container identifying the drug, dosage, date of prescription and physician.
Employees shall notify their foreman or supervisor if they are taking
prescription medications which might impair the employee's working
ability or alertness.
E.
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.
F.
No employee shall be under the influence of alcohol or of any prohibited substance while upon or within property of Jackson Township or engaged in his or her employment. Violation of this rule shall subject the employee to discipline, up to and including discharge, as set forth in Subsection A above.
The Board of Supervisors hereby accepts its obligations under
the Omnibus Transportation Employee Testing Act of 1991 (Act) and
regulations of the United States Department of Transportation (DOT),
as they may be amended. The regulations and Act require drug and alcohol
testing of those employees of Jackson Township holding commercial
driver's licenses and those persons applying for positions requiring
such licenses. This Part 6 is adopted to implement a policy required
under said DOT regulations as presently found in 49 CFR Part 40, which
shall apply without being fully recited herein. Department of Transportation
regulations establish procedures governing the conduct of breath alcohol
testing (BAT), including screening and confirmation tests, and establish
standards to be followed by BAT technicians conducting tests under
said regulations; the Board of Supervisors expects the breath alcohol
technicians will conduct tests and their operations in accordance
with applicable DOT regulations.
The Board of Supervisors hereby establishes a mandatory drug
and alcohol testing program as is required under DOT regulations and
the Omnibus Transportation Employee Testing Act of 1991. This policy
shall apply to all employees of the Township holding commercial driver's
licenses and to all persons applying for employment positions with
Jackson Township which require commercial driver's licenses. Testing
shall include breath alcohol and urine testing. Testing samples shall
be analyzed for at least the following substances: alcohol, marijuana
(THC metabolite), cocaine, amphetamines, opiates (including heroin)
and phenyencyclidine (PCP), subject to future amendment of DOT regulations.
All such testing shall be conducted in accordance with the provisions
of this policy.
Drug and alcohol testing required under this policy shall be
as follows:
A.
Preemployment testing. All applicants for employment positions with
Jackson Township shall be tested for alcohol and drugs prior to commencing
employment with the Township. A driver applicant testing positive
for alcohol or drugs will not be considered for employment with Jackson
Township.
B.
Random testing. Each year commencing in 1996, Jackson Township shall
use a random process based upon social security numbers to select
at least 50% of its employees holding commercial driver's licenses
(CDL drivers), who shall be tested for the use of controlled substances.
Additionally, at least 25% of Jackson Township CDL drivers shall be
randomly tested for alcohol use in the first year of this policy.
The annual alcohol testing rate in future years shall, under DOT regulations,
be based upon the percentage of violations (defined as alcohol tests
0.04% or greater and refusals to test) in the preceding year, such
rate to be either 10%, 25% or 50%. Drivers selected on a random basis
for drug abuse testing shall be required to supply a urine sample.
Drivers selected on a random basis for alcohol testing shall be required
to undergo breath alcohol testing. Notification of random testing
will be given to employees immediately prior to the testing; should
an employee not be present at the time he or she is selected, notification
will be given to the employee upon his or her return to the workplace.
C.
Periodic testing. Should annual or periodic medical examinations
of CDL drivers become mandatory, Jackson Township will test each driver
for drug and/or alcohol use during such annual or periodic medical
examinations.
D.
Reasonable suspicion testing. Reasonable suspicion testing shall
be conducted when a trained supervisor observes behavior or appearance
of an employee subject to this policy which is characteristic of alcohol
misuse. Conduct giving rise to reasonable suspicion under this subsection
must be witnessed by a supervisor of the employee who has received
training in detection of probability of drug or alcohol use by observation
of a person's behavior. If possible, a supervisor other than a Township
Supervisor, Roadmaster or the Township Secretary should immediately
notify a Supervisor, Roadmaster or Township Secretary, although availability
of such official shall not be deemed a prerequisite for the conduct
of reasonable suspicion testing if the supervisory employee witnessing
such conduct has previously obtained such training.
E.
Mandatory post-accident testing.
(1)
Drivers shall be subject to drug and alcohol testing as soon as is
practicable after a commercial vehicle accident. For purposes of this
subsection, an "accident" is defined as a collision involving either:
(a)
A fatality.
(b)
Bodily injury to any person which requires that person to be
transported from the collision scene for medical treatment.
(c)
Damage to any vehicle which requires that vehicle to be towed
from the scene.
(d)
The driver's receipt of a citation for a moving violation of
state or local law arising from the collision. In no case shall an
alcohol test required under this subsection be conducted later than
eight hours after the collision, nor shall a drug test required under
this subsection be conducted later than 32 hours after the collision.
(2)
No driver subject to testing under this subsection shall consume
alcohol from the time of the incident until such time as the tests
required have been conducted. If, as a consequence of a collision,
a CDL driver is seriously injured and cannot provide a specimen at
the time of the collision as set forth above, the employee must provide
the necessary authorization to the Township to obtain hospital records
and other documents which would indicate whether there were any prohibited
substances or alcohol in the employee's system at the time of the
collision and/or post-collision testing.
F.
Follow-up testing. Any CDL driver who has returned to duty after
a positive alcohol or drug test shall be subject to unannounced follow-up
drug and alcohol testing for a period of up to 60 months following
the employee's return to duty. A minimum of six unannounced follow-up
tests must be conducted in the first 12 months after the employee
returns to duty, and the Board of Supervisors or its designee may
require unannounced follow-up tests continuing for a period up to
60 months following the employee's return to duty.
G.
Return-to-duty testing. Should Jackson Township offer a CDL driver
reemployment or a return to duty after the CDL driver has been referred
to an alcohol and/or substance abuse professional for treatment and
the CDL driver has participated in all recommended treatment, the
CDL driver shall be tested for alcohol and prohibited substances prior
to being returned to duty, and to be eligible to return to duty and
employment, the CDL driver must test negative for both alcohol and
prohibited substances.
Employees shall appear at the proper facility and submit for
testing required under this policy within two hours after being notified
that they are obligated to submit for such random, reasonable suspicion,
post-accident, follow-up or return-to-duty testing.
A.
Refusal by an employee to submit to drug and alcohol testing required
under this policy shall subject the employee to discipline, up to
and including discharge, at the discretion of the Board of Supervisors.
B.
Refusal by an employee to submit to testing required under this policy
shall be deemed to include any act or omission which prevents, thwarts
or frustrates the objectives of this policy and the requirements imposed
under DOT regulations, including but not limited to the following:
(1)
Refusal to submit in a timely fashion to testing as required under
this policy.
(2)
Refusal or failure by the employee to complete, sign or initial the
required breath alcohol testing form.
(3)
Refusal or failure without good cause to provide breath.
(4)
Refusal or failure without good cause to provide an adequate amount
of breath to allow proper testing.
(5)
Failure or refusal to otherwise cooperate with the testing process
in a way which prevents the completion of the test.
C.
In accordance with 49 CFR 40.69, should Jackson Township be advised
that a CDL employee has attempted and failed to provide an adequate
amount of breath, the Board of Supervisors, itself or through its
designee, shall direct the employee to obtain, as soon as practical
after the attempted provision of breath, an evaluation from a licensed
physician who is acceptable to the Board, concerning the employee's
medical ability to provide an adequate amount of breath.
(1)
If the physician determines, in his or her reasonable medical judgment,
that a medical condition has or, with a high degree of probability,
could have precluded the employee from providing an adequate amount
of breath, the employee's failure to provide an adequate amount of
breath shall not be deemed a refusal to take a test. The physician
shall provide to the Board of Supervisors a written statement of the
basis for his or her conclusion.
(2)
If the licensed physician, in his or her reasonable medical judgment,
is unable to make the determination set forth above, the employee's
failure to provide an adequate amount of breath shall be regarded
by the Board of Supervisors as a refusal to take a test, in which
event, the employee shall be subject to discipline, up to and including
discharge, for refusal to submit to testing. The licensed physician
shall provide to the Board a written statement of the basis for his
or her conclusion.
The Board of Supervisors hereby adopts for use in conducting
the drug and alcohol testing program established under this policy
such forms as are prescribed by the United States Department of Transportation
and/or licensed testing establishments.
A.
Should an employee's behavior or appearance suggest to his or her
supervisor misuse of alcohol or prohibited substances and a test cannot
be administered immediately, the employee shall be removed from performing
safety-sensitive duties for at least eight hours, and for 24 hours
in the case of CDL drivers.
B.
Employees who have any alcohol concentration (defined as 0.02% or
greater) in their breath when tested just before, during or after
performing safety-sensitive functions shall be removed from performing
safety-sensitive functions, shall be removed from performing such
duties for eight hours, and, in the case of CDL drivers, for at least
24 hours, or until another breath test is administered and the result
is less than 0.02%.
C.
Should a CDL driver's test results be positive for alcohol and/or
drugs, the employee shall not engage in the following activities until
such time as the employee submits to another test which indicates
the absence of alcohol and prohibited substances in the employee's
system: operate commercial vehicles, load or unload commercial vehicles,
ride in a commercial vehicle or repair a commercial vehicle.
Jackson Township shall notify its CDL drivers and driver applicants
of the results of tests conducted pursuant to this policy. Those persons
testing positive for alcohol and/or prohibited substances shall also
be advised specifically as to what drugs or amount of alcohol was
or were discovered present in their system in the testing.
Whenever a CDL employee subject to this policy receives a prescription,
a form should be completed by the employee's attending or prescribing
physician and provided to the employee, stating whether or not the
prescribed medication will affect the individual's driving ability
and whether the prescribed medication would appear or be reflected
on a drug test.
An employee whose results of drug and alcohol testing under
this policy establish existence in the employee's body system of 0.04%
alcohol content or of a prohibited drug or substance shall be deemed
to have violated Township policy regarding alcohol and drug abuse.
Upon the first such positive test result, an employee shall be referred
to mandatory alcohol and/or drug rehabilitation treatment. An employee
who participates as required in such treatment program and who successfully
completes follow-up or return-to-duty testing shall be returned to
employment without further discipline. An employee who refuses or
fails to participate as required in referred rehabilitation treatment
shall be subject to further discipline, up to and including discharge,
and shall not be returned to duty. Any further instance of positive
test results for alcohol and/or prohibited substances as defined above,
or an employee's failure to submit to testing as defined above, shall
subject the employee to discipline, up to and including discharge.
A.
All records relating to administration and results of the Township
alcohol and drug testing program shall be maintained by the Township
for a minimum of five years, subject to the requirements of 49 CFR
40.83.
B.
Jackson Township shall retain a medical review officer, who shall
be a licensed doctor of medicine or osteopathy with knowledge of drug
abuse disorders, to interpret results of alcohol and drug testing
in accordance with DOT regulations.
C.
Jackson Township shall be the sole custodian of individual test results
and shall retain reports of test results for a minimum of five years.
D.
Jackson Township shall retain in a CDL driver's personnel file information
indicating only the following:
E.
Jackson Township shall also maintain an annual (calendar) year summary
of the records related to the administration and results of the testing
program for its drivers under DOT regulations.
No person may obtain the individual test results retained by
Jackson Township, and no results shall be released to any person or
entity, without first receiving written authorization from the tested
individual, unless otherwise required by law.
A.
Jackson Township shall establish an employee assistance program,
which shall include the following:
(1)
An educational and training component for drivers, addressing alcohol
and controlled or prohibited substances.
(2)
An educational and training component for supervisory personnel,
addressing alcohol and controlled substances.
(3)
A written statement on file and available for inspection, outlining
the Township employee assistance program.
B.
The employee assistance training program for all CDL drivers and
supervisory personnel will consist of at least 60 minutes of training,
and the training program shall include the following elements:
(1)
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.
(3)
Documentation of training given to drivers and supervisory personnel.
This policy and other documents executed or delivered pursuant
to or in connection with this policy are not intended to confer any
contractual rights or claims in favor of Jackson Township employees.
Any failure to implement the policy or any part thereof or any variation,
addition or omission to or of the procedures set forth in the policy
shall not confer any contractual or other right or claims in favor
of the employees which are not otherwise conferred by law.
The Board of Supervisors reserves the right to add to, change
or modify this policy at its sole discretion and to discipline or
discharge any employee at any time, except if those rights are restricted
by law or by any applicable collective bargaining obligation or agreement.
The Board of Supervisors and Jackson Township accept no liability
in the event of any alleged breach of any of the procedures or provisions
set forth in this policy. The Board of Supervisors encourages every
employee to voluntarily comply with this policy for his or her own
safety, as well as the safety of others. Because of its importance,
the Board of Supervisors shall take all necessary steps to insure
implementation of compliance with the policy.
