[Adopted 12-14-1995]
A.
The Town of Warwick is dedicated to providing safe
and efficient service to our community.
B.
We are also dedicated to providing a safe and sound
workplace for our employees.
C.
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 at the Town Department
of Public Works with a C.D.L. The drug testing will be in compliance
with D.O.T. regulations. Violation of the regulations may result in
severe disciplinary action, including suspension or dismissal.
[Amended 2-13-1997]
The Town will establish an employee assistance
program (EAP) which includes education and training for employees
and supervisors about controlled substances and alcohol. The training
program will cover the effects of controlled substance use on personal
health, safety and the work environment.
[Amended 2-13-1997]
This policy applies to all Town employees, including
those employees requiring commercial driver's license as defined by
the Department of Transportation, Title 49, Code of Federal Regulations,
Part 383.5.
A.
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.
B.
Testing procedures will comply with the Federal Motor
Carrier regulations 49 CFR Part 40. Individual test reports will be
maintained in each employee's confidential file.
C.
Six types of drug and alcohol tests are required under
federal regulations: preemployment, 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 employees
at least once in the year 1996.
[Amended 2-13-1997]
(1)
All applicants for employment will submit to drug
testing only.
(2)
Throughout the year, employees 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 employees 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.
(3)
An employee 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.
(4)
If a employee who violates this 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.
(5)
The employee 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
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 employee's expense.
[Amended 2-13-1997]
Certified breath alcohol technicians will perform
these tests using evidential breath testing devices. If the test shows
a result less than .02, the test is considered negative. If the alcohol
concentration is .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 employee who tests positive for alcohol at a level
of .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 employee needs in resolving the problem.
[Amended 2-13-1997]
C.
If an employee tests positive for alcohol and the
test result is between .02 and .04, the employee must be removed from
driving or performing safety-sensitive duties for 24 hours. The employee
must undergo an alcohol test with a negative result before returning
to duty. No other action will be taken against the employee based
solely on test results showing an alcohol concentration less than
.04.
[Amended 2-13-1997]
The consequences of refusing a test are the
same as testing positive.
[Amended 2-13-1997]
A.
In order to be eligible to return to duty after a
positive drug test or an alcohol level of .04 or higher, an employee
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 employee must continue in an
after-care program and be subject to follow-up testing. If any follow-up
test is verified positive for drugs or alcohol (.04 or higher), the
employee will have rights as outlined in § 75 of the New
York State Civil Service Law.
B.
The costs of evaluation, rehabilitation and return-to-duty
tests are the responsibility of the employee. The Town will pay for
follow-up tests. Furthermore, the Town does not guarantee that an
employee will be rehired after completing rehabilitation.
