[HISTORY: Adopted by the Board of Commissioners of the Township of North Versailles as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-1995 by Ord. No. 943 (Ch. 1, Part 8, of the 1987 Code of Ordinances)]
All employees of North Versailles Township who operate equipment for which the operator must possess a CDL are covered by this article.
It is declared to be the policy of North Versailles Township that drugs and alcohol will not be permitted in the workplace, that all commercial drivers must be in full compliance with the UCDL Act and that North Versailles employees will be governed by this article and the UCDL Act.
The unlawful manufacture, distribution, dispensing, possession or use of illegal drugs or alcohol is prohibited in the Township workplace.
Illegal drug usage, whether on or off the job, may adversely affect an employee's job performance and jeopardize the safety of other employees and the general public. As such, it is just cause for disciplinary action up to and including termination of employment.
Employees are not permitted to perform safety-sensitive functions within four hours after using alcohol. Employees are not permitted to use alcohol during work hours. No driver shall use alcohol for eight hours following an accident or until he or she undergoes a postaccident alcohol test, whichever comes first.
If an employee reports to work in a condition giving a supervisor reasonable cause to suspect the influence of alcohol or illegal drugs, the employee may be required to submit to blood or a breath and urine drug test. If the tests reveal that the employee has an alcohol level greater than 0.04 or has illegal drugs in his or her system, the employee may be subject to disciplinary action up to and including termination of employment. An employee with an alcohol level of 0.02 to 0.039 will not be permitted to perform safety-sensitive functions for 24 hours.
When there is reasonable cause, vehicles, lockers and/or related personal areas may be searched without prior notice to ensure a work environment free of alcohol and illegal drugs. Any employee found to have illegal drugs in his or her vehicle, locker and/or related personal area will be subject to immediate disciplinary action up to and including termination of employment.
Any employee who may be undergoing medically prescribed treatment with a controlled substance which may limit his or her ability to perform on the job must report this treatment to his or her supervisor prior to beginning work. Failure to report as required by this subsection shall be cause for disciplinary action.
It is a condition of continuing employment with the Township for an employee to notify the Township if he or she is convicted under federal or state statute for the use, sale or distribution of drugs. Such notification must occur within five days of conviction.
Editor's Note: The Uniform Commercial Drivers License Act (UCDL Act) is codified at 75 Pa.C.S.A. § 1601 et seq.
The Township may, at its option, conduct drug testing for the following reasons: preemployment testing, at random, with reasonable suspicion, post-accident, fitness for duty and follow-up to a positive drug test. Alcohol will be tested for all the above circumstances.
Preemployment. Prior to employment, all applicants will be required to undergo drug screening. Applicants who test positive will be denied employment. Failure to consent to this screen will be considered as withdrawal of one's application for employment.
Random testing. To encourage year round avoidance of illegal drugs, and to be in compliance with governmental regulations, Township will conduct random tests of CDL drivers at an annualized rate of 50% for drugs and 25% for alcohol. Those to be tested will be selected at random, which means that every driver, whether previously tested or not, has an equal chance to be tested every time tests are conducted. Once an individual is notified of the test, he or she must go to the collection site immediately.
Reasonable suspicion testing. May be conducted based upon, among other things:
Direct observation of drug use or possession and/or physical symptoms of being under the influence of an illegal drug or alcohol.
A pattern of abnormal conduct or erratic behavior.
Arrest, indictment or conviction for a drug or alcohol related offense or identification of the employee as the focus of a criminal investigation into illegal drug possession, use or trafficking.
Such testing shall be required for drivers and codrivers who are involved in an accident where death occurs or when the driver issued a citation by the police for a moving violation. The drug and/or alcohol test shall be conducted as soon as possible after the accident takes place.
An employee found to have engaged in prohibited drug and alcohol conduct shall submit to return to duty drug and alcohol testing prior to performing safety-sensitive functions.
Employees who have engaged in illegal drug or alcohol use shall be required to submit to drug and alcohol testing a minimum of six times for 12 months following the incident. The number of tests may be greater, at the discretion of the Township or the designated substance abuse professional. Cost of follow-up testing will be borne by Township.
Urine specimens will be screened for the following classes of drugs and at the cutoffs listed below:
The alcohol test will be conducted by a certified breath alcohol technician (BAT) using an evidential breath testing (EBT) device which is approved by the National Highway Safety Administration (NHTSA), or by blood sample at a hospital selected by the Township from time to time. Tests will be conducted in an area where confidentiality of results is assured. If the alcohol breath testing indicates an alcohol concentration 0.02 or greater, a confirmation test must be done 15 minutes to 20 minutes later.
Township must follow the guidelines established by the National Institute on Drug Abuse (NIDA) for collection, handling and storing blood and urine specimens and must meet chain of custody requirements. Alcohol testing can be done by a certified breath alcohol technician (BAT) using an approved evidential breath testing (EBT) device, or by taking a blood sample at a hospital with appropriate hospital personnel.
Unobserved specimen collection. Individuals shall be permitted to provide urine specimens in private and need not be directly observed at the discretion of the Township.
Observed specimen collection. Must occur under the following conditions:
When the specimen falls outside the range of 90.5° F. to 99.8° F. or shows signs of contamination.
When a previous urine specimen provided by the individual was determine by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below 0.2 g/l.
When the collection site person observes conduct clearly indicating an attempt to substitute or adulterate the sample.
Only laboratories certified by the National Institute on Drug Abuse (NIDA) and the Department of Health and Human Service (DHHS) to conduct workplace testing programs will be used to analyze urine specimens. The NIDA/DHHS certification indicates that the laboratory meets the highest standards for drug testing.
The Township, from time to time, will designate a qualified person to review and interpret test results obtained through drug testing. The person shall be knowledgeable in the medical use of prescription drugs and the pharmacology and toxicology of illicit drugs.
The designated person will receive test results from the laboratory and evaluate them before notifying the Township. Prior to notifying the Township, the person will conduct a medical interview, via phone or in person, to discuss the individual's medical history and other biomedical factors. He will receive all medical records made available by the tested employee or in the possession of the Township to determine if there might be a legitimate medical reason to a confirmed positive test. If there is, the person will report the test as negative.
If the designated person is unable to reach the person who tested positive, he shall report his efforts to contact the driver to the Township. As soon as possible, the Township shall request the driver to contact the designated person prior to dispatching the driver or within 24 hours, whichever is sooner.
Reports of drug test results. The designated person will forward results only to the person designated by the Township to receive such results. He shall report whether an individual's test is negative or positive. If positive, he will identify the substance for which the test was negative.
After the designated person informs a driver that he will be reported to the Township as testing positive for illegal drug use, the driver has the right to request that the split sample be tested at another NIDA/DHHS laboratory. The driver must make this request to the designated person within 72 hours after the MRO driver evaluation call or visit. The cost of the second laboratory analysis and MRO review will be borne by the driver.
Following a confirmed alcohol test of 0.02% or greater, the person in charge of the testing process must immediately report the results to the Township representative designated to receive this information. This is done so that the Township can take steps to ensure the driver testing positive will not drive his or her vehicle. The designated Township representative must provide the testing sites with a telephone number where the representative can be reached at all times.
A driver who is found to have a breath or blood alcohol concentration of 0.02% or greater, but less than 0.04% shall not be allowed to perform safety-sensitive functions for at least 24 hours following the administration of the test.
A driver testing positive for drugs or having a breath or blood alcohol concentration of 0.04% or greater will not be allowed to perform safety-sensitive functions until he or she has a negative drug or alcohol test.
If a driver refuses to submit to required drug and alcohol testing, he or she will not be allowed to perform safety-sensitive functions. In this event, it will be deemed to be a confirmed illegal drug and/or alcohol use.
If a driver fails to appear for testing, it will be considered as a refusal to test and the driver will not be allowed to perform safety-sensitive functions. In this event, it will be deemed to be a confirmed illegal drug and/or alcohol use.
Termination of the employee is mandatory after a third confirmed finding of illegal drug or alcohol use.
Under DOT/FHWA drug and alcohol regulations, any driver who engages in prohibited drug or alcohol conduct shall be referred to a substance abuse professional (SAP) for an evaluation and possible referral to a counseling or treatment program. The SAP may make specific recommendations for follow-up drug and alcohol testing which could last as long as 60 months from a driver's return to duty date. No driver may return to duty without a negative drug and alcohol test and a evaluation by the SAP that the driver has properly followed the rehabilitation program presented by the SAP. The cost of SAP service shall be borne by the individual.
[Adopted 5-20-2002 by Ord. No. 999]
Harassment on the basis of a person's sex by a supervisor, coworker or other person is a discriminatory practice which violates federal law and regulations. Aside from being illegal, sexual harassment undermines the integrity of individual work relationships and damages the morale of the entire work force.
It is the policy of the Township of North Versailles to prohibit all forms of illegal discrimination including that which is based upon a person's sex. Accordingly, any practice or activity which constitutes sexual harassment is strictly forbidden within Township workplaces and may, if substantiated in accordance with this policy, result in disciplinary action.
- SEXUAL HARASSMENT
- Any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
- A. Submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment; or
- B. Submission to or rejection of such conduct by a person is used as a basis for employment decisions affecting that person; or
- C. Such conduct has the purpose or effect of unreasonably interfering with a person's work performance; or
- D. Such conduct creates an intimidating, hostile or offensive work environment.
Sexual harassment is a serious violation of work rules of the Township and, if proven, shall be grounds for the imposition of discipline including, but not limited to, discharge without support or prior occurrence or disciplinary action.