Town of Greenwich, NY
Washington County
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Table of Contents
Table of Contents
[Adopted 12-27-1995]
A. 
Purpose. On February 15, 1994, the United States Department of Transportation (DOT) published the final rules for drug and alcohol testing of commercial driver's license (CDL) holders. The final rules must be implemented by all employers of CDL holders by January 1, 1995. These rules prohibit CDL holders from engaging in certain drug- and alcohol-related conduct and require employers to test employees to ensure compliance with the drug and alcohol rules. This policy has been developed as a means to ensure that all Town of Greenwich employees who hold a CDL are informed of the federal rules for drug and alcohol testing and the consequences of any violation.
B. 
Applicability.
(1) 
This policy applies to employees who possess a CDL and drive, inspect, repair, load or unload a commercial vehicle on Town business.
(2) 
Employees who are CDL holders and currently occupy a Department of Personnel Administration designated safety-sensitive classification are subject to substance testing under both state and federal authorities.
A. 
Federal Highway Administration (FHWA) regulations require annual random, unannounced alcohol and controlled substance (drug) testing of all CDL holders. The penalties for violation of the new FHWA alcohol misuse and controlled substances use regulations are considerable. If a CDL holder tests positive for drug use or the misuse of alcohol, the CDL holder will be prohibited from performing safety-sensitive functions associated with the operation of a commercial vehicle, and the CDL holder may be subject to a fine of $10,000 under 49 USC 521(b). Additionally, the Town of Greenwich will take corrective action up to and including termination for any employee found in violation of the FHWA regulations.
B. 
Employees who are experiencing difficulty with the use of alcohol or drugs are strongly encouraged to notify their supervisor or department head. The Town of Greenwich will assist employees as much as is operationally practicable in helping them to overcome problems associated with substance abuse and protecting their employment status. See § 54-38, Employee assistance.
A. 
Overview.
(1) 
The following is a general overview of the Omnibus Transportation Act of 1991 covering drug and alcohol testing rules for persons required to have a commercial driver's license (CDL) and defined as safety-sensitive. This includes all functions performed "on-duty." This is from the time a driver begins to work or is required to be ready to work until the time (s)he is relieved from work and from all responsibility to perform work.
(2) 
New York State will comply with USDOT rules implementing the Federal Omnibus Transportation Act. The Act mandates pre-employment, reasonable suspicion, post-accident, random, and follow-up/return-to-duty testing of state employees in various positions requiring the possession of a commercial driver's license and defined as safety-sensitive.
B. 
Every person who operates a motor vehicle that weighs over 26,001 pounds, or is designed to transport 16 (including the driver) or more passengers, or is used to transport hazardous materials which is required to be placarded and who is subject to commercial driver's license (CDL) requirements is subject to these rules. These employees are considered to be "safety sensitive."
C. 
These regulations are effective January 1, 1995, for large employers. The Federal Highway Administration defines large employers as those with more than 50 safety-sensitive employees (those subject to CDL requirements). Small employers must implement these regulations by January 1, 1996.
D. 
Prohibited conduct.
(1) 
Alcohol prohibitions. Employees must not:
(a) 
Report for duty or remain on duty while having a blood alcohol concentration (BAC) of 0.02 or higher;
(b) 
Possess, use or be under the influence of alcohol while on duty;
(c) 
Perform any safety-sensitive function within four hours after using alcohol;
(d) 
Use alcohol for eight hours following an accident, or until after such employee has undergone an alcohol test; or
(e) 
Refuse to submit to a required alcohol test.
(2) 
Controlled substance prohibitions. Employees must not:
(a) 
Report for duty or remain on duty requiring the performance of safety-sensitive function when such driver uses any controlled substance. Prohibited controlled substances are cocaine, marijuana, opiates, amphetamines and phencyclidine.
E. 
The following tests are required:
(1) 
Pre-employment: conducted before applicants are hired or after an offer to hire, but before actually performing safety-sensitive functions for the first time.
(2) 
Post-accident: conducted after accidents on drivers whose performance could have contributed to the accident (as determined by a citation for a moving traffic violation) and for all fatal accidents even if the driver is not cited for a moving traffic violation.
(3) 
Reasonable suspicion: conducted when a trained supervisor or Department official observes behavior or appearance that is characteristic of alcohol misuse or the influence of controlled substances.
(4) 
Random: conducted on a random unannounced basis just before, during or just after performance of safety-sensitive functions.
(a) 
Twenty-five percent of all CDL drivers will be tested for alcohol on a random basis each year.
(b) 
Fifty percent of all CDL drivers will be tested for use of controlled substances each year.
(c) 
Tests must be announced and spread throughout the calendar year. Random selection could result in a driver being selected for testing more than once in a calendar year.
(5) 
Return-to-duty and follow-up: conducted when an individual who has violated the prohibited alcohol conduct standards returns to performing safety-sensitive duties. Follow-up tests are unannounced, and at least six tests must be conducted in the first 12 months after a driver returns to duty. Follow-up testing may be extended for up to 60 months following return to duty.
F. 
Testing procedures. Testing for drugs will be conducted by urinalysis. Alcohol testing will be conducted by a breath alcohol technician (BAT) using a breath testing device.
(1) 
Drug testing.
(a) 
Drug testing is conducted by analyzing a driver's urine specimen. The analysis is performed at laboratories certified and monitored by the Department of Health and Human Services (DHHS). The driver provides a urine specimen in a location that affords privacy; and the collector seals and labels the specimen and accompanying paperwork for shipment to a drug testing laboratory. The specimen collection procedures and chain of custody ensure that the specimen's security, proper identification and integrity are not compromised. The Omnibus Act requires that drug testing procedures for CDL drivers include split specimen procedures. Each urine specimen is subdivided into two bottles labeled as a “primary” and a “split specimen.” Both bottles are sent to a laboratory. Only the primary specimen is opened and used for the urinalysis. The split specimen bottle remains sealed and is stored at the laboratory. If the analysis of the primary specimen confirms the presence of illegal, controlled substances, the driver has 72 hours to request that the split specimen be sent to another DHHS-certified laboratory for analysis. This split specimen procedure essentially provides the driver with an opportunity for a second opinion.
(b) 
All urine specimens are analyzed for the following drugs:
[1] 
Marijuana (THC metabolite).
[2] 
Cocaine.
[3] 
Amphetamines.
[4] 
Opiates (including heroin).
[5] 
Phencyclidine (PCP).
(2) 
Alcohol testing. The rules require breath testing using evidential breath testing (EBT) devices approved by the National Highway Traffic Safety Administration (NHTSA). The NHTSA periodically publishes a list of approved devices in the Federal Register. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a “negative” test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. The driver and the individual conducting the breath test [called a “breath alcohol technician” (BAT)] complete the alcohol testing form to ensure that the results are properly recorded. The confirmation test, if required, must be conducted using an EBT that prints out the results, date and time, a sequential test number, and the name and serial number of the EBT to ensure the reliability of the results. The confirmation test results determine any actions taken.
G. 
Confidentiality of test results. All records are considered confidential and will not be shared with other employees. Test results and other confidential information will only be released to the employer and the substance abuse professional who evaluates the extent of the problem unless the employee grieves, files a lawsuit, etc. The information can then be released to the decisionmaker.
H. 
Who can authorize testing.
(1) 
Pre-employment: personnel/appointing authority.
(2) 
Post-accident: supervisor or law enforcement officer as mandated for fatality or moving violations.
(3) 
Reasonable suspicion: by trained designated supervisor(s).
(4) 
Random: by computer-generated or other random selection device.
(5) 
Return to duty and follow-up: by authority of substance abuse professional.
I. 
Consequences for refusal or a positive test.
(1) 
Refusal to submit to testing is prohibited and is a violation of the Act. The consequences for a refusal are therefore the same as if the person had submitted to testing and had failed the test. Under these circumstances the employee must be removed from performance of any safety-sensitive function until such time as he/she submits to testing and the results are negative for alcohol or a controlled substance.
(2) 
Drivers who have an alcohol concentration of 0.04 or greater cannot return to safety-sensitive duties until they have been evaluated by a substance abuse professional and have complied with any treatment recommendations to assist them with an alcohol problem. To further safeguard transportation safety, drivers who have any alcohol concentration (defined as 0.02 or greater) when tested just before, during or just after performing safety-sensitive functions, must also be removed from performing such duties for 24 hours. If a driver's behavior or appearance suggests alcohol misuse, a reasonable suspicion alcohol test must be conducted. If a breath test cannot be administered, the driver must be removed from performing safety-sensitive duties for at least 24 hours. A violation of these employer-based testing rules is not placed on, nor does it affect, the driver's CDL record.
(3) 
As with an alcohol misuse violation, a driver must be removed from safety-sensitive duty if he/she has a positive drug test result. Refer to the agency policy for further information on consequences.
(4) 
Any violation of this policy may subject the employee to disciplinary action.
J. 
Prescription medications may affect test results. Any medications that affect the ability to perform the job safely must be reported to the employee's supervisor.
K. 
Professional help is available. Employees should contact their employee assistance representative for information on available services.
L. 
The Omnibus Transportation Employee Testing Act will be enforced. For the most part, other than by future amendments, the rules are relatively rigid in terms of who, what, when, where and how.
A. 
This policy is applicable to all CDL holders who perform safety-sensitive functions associated with the operation of a commercial vehicle, including those employed by governmental agencies such as the Town of Greenwich, except for:
(1) 
Drivers exempted by their issuing state (in this case New York) from CDL requirements.
(2) 
Drivers of vehicles less than 26,001 pounds' gross vehicle weight, required by their state to possess a CDL, except that vehicles designed to transport 16 or more passengers and vehicles used to transport hazardous waste are included regardless of size.
B. 
A CDL is required to operate a commercial vehicle. A commercial vehicle is a vehicle which:
(1) 
Has a gross combination weight of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight of more than 10,000 pounds, or
(2) 
Has a gross weight rating of 26,001 or more pounds, or
(3) 
Is designed to carry 16 or more passengers, including the driver; or
(4) 
Is of any size and is used to transport hazardous waste.
Any CDL holder who performs any of the following activities associated with a commercial vehicle is considered to perform or to be performing a safety-sensitive function:
A. 
Inspect, service or condition any commercial vehicle.
B. 
Drive a commercial vehicle.
C. 
Load, unload, supervise or assist in the loading or unloading of a commercial vehicle, attend a commercial vehicle being loaded or unloaded, or give or receive receipts for shipments loaded or unloaded.
D. 
Perform the driver requirements relating to an accident of a commercial vehicle.
E. 
Spend time in or on a commercial vehicle (except time spent in a sleeper berth).
F. 
Inspect equipment as required by the Federal Motor Carrier Safety Regulations.
G. 
Repair, obtain assistance, or remain in attendance upon a disabled commercial vehicle.
A. 
Alcohol, including any intoxicating agent in beverage alcohol, methyl, and isopropyl alcohol whether used for medicinal purposes or not. No CDL holder may:
(1) 
Perform safety-sensitive functions while having an alcohol concentration of 0.02 or greater.
(2) 
Operate a commercial vehicle while possessing alcohol unless it is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.
(3) 
Use alcohol while performing safety-sensitive functions.
(4) 
Perform safety-sensitive functions within four hours after using alcohol.
(5) 
Use alcohol for eight hours after an accident requiring a post-accident alcohol test or until a post-accident alcohol test is administered, whichever occurs first.
(6) 
Refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol test.
B. 
Drugs or controlled substances, including marijuana, cocaine, amphetamines, opiates and phencyclidines. No CDL holder may:
(1) 
Perform a safety-sensitive function when the driver uses any controlled substance, except when the use is under the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial vehicle.
(2) 
Refuse to submit to a post-accident, random, reasonable suspicion, or follow-up drug test.
A. 
Any CDL holder who has engaged in prohibited conduct shall be immediately removed from the performance of any safety-sensitive function related to a commercial vehicle, including driving, and may not perform any safety-sensitive functions until:
(1) 
He/She has been evaluated by a substance abuse professional (SAP) who will determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. Note: Federal regulations require that the SAP must be either a licensed physician, certified psychologist, social worker, employee assistance professional or addiction counselor [certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC)].
(2) 
If the employee has been identified by a SAP as needing assistance in resolving problems associated with alcohol or controlled substances, the CDL holder must be re-evaluated by a SAP to determine whether the CDL holder has complied with any rehabilitation program prescribed by the original evaluating SAP.
(3) 
He/She has undergone a return-to-duty alcohol test with a result indicating a breath alcohol level of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved use of controlled substances.
B. 
If the employee has been identified by a SAP as needing assistance in resolving problems associated with alcohol or controlled substances, the CDL holder will be subject to follow-up testing after returning to duty for a minimum of six tests in the first 12 months.
C. 
If an employee has a positive alcohol or drug test, the driver must be removed from safety-sensitive duty, pursuant to OTETA. Following Civil Service Law, once this occurs the employee no longer can be paid as a driver. If a position is available, this employee will be temporarily reclassified to a non-safety-sensitive duty title and paid accordingly.
D. 
As a result of a positive test, the cost of any return-to-duty and follow-up testing shall be the responsibility of the employee. An employee cannot be returned to safety-sensitive driving duties until he/she has fulfilled all requirements as set forth in OTETA. An employee will be allowed up to 18 months being temporarily reclassified to get back his/her license to operate a commercial motor vehicle. Failure to re-establish full driving privileges may result in disciplinary action up to and including termination of employment.
E. 
In addition to the above, the Town of Greenwich will take adverse action up to and including dismissal for any CDL holder who engages in conduct prohibited by the Federal Highway Administration's Controlled Substances and Alcohol Use and Testing Rules (49 CFR 382 et seq.)
No CDL holder who is found to have an alcohol concentration of 0.02 or greater, but less than 0.04, shall perform or continue to perform safety-sensitive functions, including driving, until the driver's next regularly scheduled duty period, but not before 24 hours have passed since the alcohol test.
A CDL holder is considered to have refused to submit to testing when he/she:
A. 
Fails to provide adequate breath for alcohol testing without a valid medical explanation after having received notice of the requirement for breath testing.
B. 
Fails to provide adequate urine for controlled substance testing without a valid medical explanation after having received notice of the requirement for urine testing.
C. 
Engages in conduct that clearly obstructs the testing process.
A. 
FHWA regulations require that all prospective employers obtain information from prior employers in the preceding two years regarding a potential employee's prior alcohol test with a result of 0.04 or above, positive controlled substance test, or refusal to test. The new employer must obtain this information within the first 14 days of the employee first performing safety-sensitive functions. If such information cannot be obtained, the employee may not continue to perform such functions.
B. 
If the employee has engaged in prohibited conduct while in the employ of a previous employer, the employee may not perform safety-sensitive functions for the new employer until such time as the employee has complied with all applicable requirements for evaluation and return-to-duty testing.
Briefly, FHWA drug and alcohol testing rules require the following types of drug and alcohol tests:
A. 
Pre-employment: prior to the first time an employee performs safety-sensitive functions.
B. 
Reasonable suspicion: when an employee exhibits the appearance or behavior characteristic of being under the influence of drugs/alcohol.
C. 
Return-to-duty: after an employee has completed a rehabilitation program, but before the employee resumes performing safety-sensitive functions.
D. 
Follow-up: for a period of time after an employee returns to work after completing a rehabilitation program for drug or alcohol abuse.
E. 
Random: upon random selection. Random testing is conducted at 50% of the employee population for drugs and 25% for alcohol annually.
F. 
Post-accident: A CDL holder is subject to post-accident testing following an accident where there was a fatality, a vehicle required towing, or someone required medical treatment and, in the case of a fatality, the CDL holder was performing safety-sensitive functions, or the CDL holder was otherwise cited for a moving violation.
A CDL holder is subject to testing for:
A. 
Controlled substances (drugs) any time the CDL holder is on duty.
B. 
Alcohol any time the CDL holder is ready to perform or immediately available to perform a safety-sensitive function, is actually performing, or has just performed a safety-sensitive function.
A. 
Pre-employment.
(1) 
A CDL holder is subject to pre-employment testing for alcohol and drugs prior to first performing safety-sensitive functions for an employer with the following exceptions:
(a) 
Alcohol: if the CDL holder has been tested for alcohol within the past six months under a testing program that meets FHWA requirements and the test showed a blood alcohol level below 0.04 and no prior employer has record of violations of any DOT alcohol misuse rules for the CDL holder in the previous six months.
(b) 
Drugs: if the CDL holder has participated in a drug testing program meeting DOT requirements within the last 30 days and while participating in this program was either:
[1] 
Tested for controlled substances in the last six months, or
[2] 
Participated in a random drug testing program for the last 12 months and no prior employer has record of violations of any DOT controlled substance use rule for the CDL holder in the last six months.
(2) 
Applying the above exceptions is at the discretion of the employer.
(3) 
A CDL holder may not perform safety-sensitive functions for an employer if:
(a) 
The result of the breath alcohol test indicates a breath alcohol level of 0.04 or greater; or
(b) 
The result of the controlled substance test is positive.
(4) 
Note that pre-employment testing will be required under FHWA regulations for current employees if they obtain a CDL and will be performing safety-sensitive functions during the course of their employment.
(5) 
The Town of Greenwich will not hire any candidate who fails a pre-employment substance test.
B. 
Return-to-duty.
(1) 
A CDL holder is subject to return-to-duty testing after having been found in violation of the FHWA drug and alcohol misuse rules. The employee may not perform safety-sensitive functions if:
(a) 
The result of the breath alcohol test indicates a breath alcohol level of 0.02 or greater; or
(b) 
The result of the controlled substance test is positive.
(2) 
In addition to passing a return-to-duty drug or alcohol test, the CDL holder cannot be returned to performing safety-sensitive functions until he/she has been evaluated by a SAP to determine the employee's compliance with any recommended rehabilitation program.
C. 
Follow-up.
(1) 
A CDL holder is subject to follow-up testing after returning to performing safety-sensitive functions for a minimum of 12 months. The frequency of follow-up testing is based on the recommendations of a SAP. Follow-up testing may occur for up to 60 months, but may not be less than six follow-up tests in the first 12 months after having returned to duty. Follow-up testing is unannounced.
(2) 
The CDL holder must cease to perform safety-sensitive functions if the result of any follow-up:
(a) 
Breath alcohol test indicates a breath alcohol level of 0.02 or greater; or
(b) 
Controlled substance test is positive.
D. 
Reasonable suspicion.
(1) 
A CDL holder is subject to reasonable suspicion testing for alcohol any time preceding, during or after the CDL holder has performed a safety-sensitive function. Reasonable suspicion testing is based on the employer's suspicion that the CDL holder has violated the alcohol misuse rules based on observations of the appearance, behavior, speech or body odors of the CDL holder.
(2) 
A CDL holder is subject to reasonable suspicion testing for controlled substances any time the CDL holder is on duty. It is based on the employer's suspicion that the CDL holder has violated the controlled substance rules based on observations of the appearance, behavior, speech or body odors of the CDL holder or indications of the chronic or withdrawal effects of controlled substances.
(3) 
When a reasonable suspicion test is ordered, a CDL holder must report for testing immediately, but no later than two hours from the time such is ordered.
(4) 
A CDL holder cannot continue to perform safety-sensitive functions if the result of a reasonable suspicion:
(a) 
Breath alcohol test indicates a breath alcohol level of 0.02 or greater; or
(b) 
Controlled substance test is positive.
(5) 
The CDL holder may not return to performing safety-sensitive functions unless the CDL holder has:
(a) 
Undergone an evaluation by a SAP for determination of any needed assistance in overcoming problems with alcohol misuse or use of controlled substances;
(b) 
Passed a return-to-duty test; and
(c) 
Been revaluated by a SAP to determine compliance with any recommended rehabilitation program.
E. 
Random.
(1) 
FHWA regulations require employers to conduct random tests of 25% of their CDL holders for misuse of alcohol annually and 50% of their CDL holders for controlled substances. Random testing is unannounced.
(2) 
A CDL holder cannot continue to perform safety-sensitive functions if the result of the:
(a) 
Breath alcohol test indicates a breath alcohol level of 0.02 or greater; or
(b) 
Controlled substance test is positive.
(3) 
The CDL holder may not return to performing safety-sensitive functions unless the CDL holder has:
(a) 
Undergone an evaluation by a SAP for determination of any needed assistance in overcoming problems with alcohol misuse or use of controlled substances,
(b) 
Passed a return-to-duty test; and
(c) 
Been reevaluated by a SAP to determine compliance with any recommended rehabilitation program.
F. 
Post-accident.
(1) 
A CDL holder must be tested for alcohol misuse and use of controlled substances if an accident resulted in:
(a) 
A fatality,
(b) 
A vehicle required towing; or
(c) 
Someone requiring medical treatment and, in the case of a fatality, the CDL holder was performing safety-sensitive functions or if the CDL holder was cited for a moving violation.
(2) 
If a post-accident test is required, the CDL holder must be tested for alcohol within two hours of the accident and within 32 hours for drugs. A CDL holder may not consume alcohol for eight hours after an accident requiring post-accident testing or until such time as a test for alcohol has been administered, whichever occurs first.
(3) 
The CDL holder cannot continue to perform safety-sensitive functions if the result of the:
(a) 
Breath alcohol test indicates a breath alcohol level of 0.02 or greater; or
(b) 
Controlled substance test is positive.
(4) 
A CDL holder may not return to performing safety-sensitive functions unless the CDL holder has:
(a) 
Undergone an evaluation by a SAP for determination of any needed assistance in overcoming problems with alcohol misuse or use of controlled substances;
(b) 
Passed a return-to-duty test; and
(c) 
Been reevaluated by a SAP to determine compliance with any recommended rehabilitation program.
A. 
A CDL holder who has been ordered for testing must report to the collection site immediately upon being informed that a substance test is being ordered. The Town of Greenwich maintains collection sites under contract. Drug testing will be conducted by urine sample. Alcohol testing will be by breath analysis by a trained breath alcohol technician.
B. 
Collection procedures, specimen testing, and reporting of test results will follow FHWA requirements contained in 49 CFR Part 40.
C. 
To ensure that the tested specimen is actually that of the donor:
(1) 
Collection site staff will require positive identification of the CDL holder to be tested.
(2) 
The donor will be required to initial the specimen label and sign the custody and control form which initiates the testing process and assigns a specimen identification number for testing.
(3) 
The donor must be present and witness the completion of the custody and control form by collection site staff.
D. 
A specimen identification number will be assigned to all urine samples and will be used to track drug tests through the process.
E. 
The CDL holder will be given an opportunity to provide confidential information to the Medical Review Officer (MRO) regarding use of controlled substances that the CDL holder may have taken under medical prescription or otherwise. The sealed envelope will be forwarded to the MRO and only be opened if the result of the drug test is positive.
F. 
Only Substance Abuse and Mental Health Services Administration certified labs will be used for testing. The lab will follow the requirements of 49 CFR Part 40 in testing and reporting all results. Urine samples will initially be screened for the presence of controlled substances. All urine samples which initially screen positive will be confirmed by a second method of testing.
G. 
A CDL holder who tests positive for controlled substances will be contacted by a MRO to provide an opportunity for the CDL holder to provide additional information or dispute test results. Should the CDL holder be unavailable, after a reasonable attempt is made by the MRO to contact, a positive test result will be reported.
H. 
A CDL holder whose urine sample has tested positive for a controlled substance has the option (within 72 hours of being notified by the MRO) of having the other portion of the split sample tested at another laboratory at the CDL holder's expense.
I. 
If the second portion of the sample also tests positive, then the CDL holder is subject to the sanctions contained in the regulations. If the second portion produces a negative result, or for any reason the second portion is not available, the test is considered negative and no sanctions are imposed.
J. 
The Town of Greenwich will refer any current CDL holder who has engaged in prohibited conduct to a SAP for evaluation and assistance in locating a rehabilitation program, if a rehabilitation program is recommended.
A. 
Town of Greenwich employees shall report to and remain at work free from impairment caused by the use of illegal drugs or alcohol. The use of illegal drugs or alcohol while on duty is a violation of the Federal Drug-Free Workplace Act. The Town of Greenwich will assist employees who have a drug or alcohol dependency problem to recover from their addiction, provided the employees seek and/or accept assistance. The Town of Greenwich will take appropriate adverse action, including separation from employment, to resolve drug- or alcohol-related job performance problems. A copy of Town of Greenwich Drug-Free Workplace Policy is available from supervisors.
B. 
Medical use of alcohol or controlled substances. A CDL holder or an employee in a designated safety-sensitive classification must report to his/her supervisor any use of medically prescribed controlled substances or medications containing alcohol, including those obtained without medical prescription.
C. 
Alcohol test results of 0.02 or greater, but less than 0.04. The Town of Greenwich will issue a letter of warning to any CDL holder who tests positive for alcohol at a concentration of 0.02 or greater but less than 0.04.
D. 
Off-duty alcohol use and call back. A CDL holder who is called back to work to perform safety-sensitive functions after having been relieved of duty must report any:
(1) 
Off-duty use of alcohol in the prior four hours.
(2) 
Medically prescribed use of a controlled substance.
E. 
Failure to remain available for post-accident testing. The Town of Greenwich will consider any CDL holder who fails to remain available for post-accident testing, when it is required, to have refused testing. If a CDL holder fails to follow Town of Greenwich special instructions for post-accident testing, he/she will be considered to have refused testing.
F. 
Reasonable suspicion. Town of Greenwich employees who are ordered to submit to reasonable suspicion testing will be transported to the collection site. If a drug test is being conducted, the employee will be escorted home after the test. The employee may not return to work until the results of the test are known and only then if the result is negative.
G. 
State testing authorities. CDL holders who occupy a Department of Personnel Administration designated safety-sensitive classification are subject to drug and alcohol testing under state authority as well as under FHWA regulations. A CDL holder will be advised at the time of testing if a test is being ordered under FHWA regulations or under state authorities.
A. 
Right to records. Upon written request, a CDL holder has the right to obtain copies of any records regarding the CDL holder's use of alcohol or controlled substances, including any records of test results.
B. 
Right to know basis for test. A CDL holder has the right to know the reason a drug or alcohol test is being ordered and under what authority such test is being ordered. Additionally, a CDL holder has the right to know the results of any drug or alcohol test.
C. 
Right to representation.
(1) 
Employees have a right to representation by a union representative or other person whom they choose whenever the employee is being interviewed by the employer regarding drug test results that may result in adverse action. This interview is not mandatory but, if held, may occur before or after the drug test. Also, employees have the right for a representative to be present when the tested employee is discussing a potential positive test result with the MRO. (Conversations with the MRO will almost always be by telephone.)
(2) 
An employee does not have the right to delay a drug or alcohol test awaiting the availability of representation.
D. 
Right to appeal. Employees who receive an adverse action because of testing positive for controlled substances or alcohol test may appeal that action through the normal adverse action appeals process.
A. 
All employee records regarding drug or alcohol testing are considered confidential and may not be released except upon written request or release by the CDL holder, except:
(1) 
In the event of a lawsuit.
(2) 
In the event of a grievance or other proceeding initiated by or on behalf of the employee arising from the results of an alcohol or controlled substance test.
(3) 
In a proceeding relating to a benefit sought by the CDL holder, such as worker's compensation or unemployment insurance.
(4) 
In the event of a disciplinary hearing.
B. 
Records and documents of all alcohol test results greater than 0.02, positive test results, refusal to test, and records relating to evaluation and referrals will be maintained for 10 years.
C. 
Documents and records relating to the basis for reasonable suspicion and post-accident testing and/or the inability of the CDL holder to provide adequate breath sample or a urine specimen will be maintained for a minimum of six years.
A. 
Employees who have questions regarding the FHWA regulations should contact their supervisor or department head.
B. 
Assistance in helping employees overcome problems associated with substance abuse is available from the Washington, Warren, Saratoga County Employee Assistance Program:
Employee Assistance Program of Warren, Washington and Saratoga Counties, Inc.
10 Pine Street
Glens Falls, NY 12801
518-793-9768