[HISTORY: Adopted by the Town Board of the Town of Greenville 12-13-1995.
Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 41.
A.
The Town of Greenville is dedicated to providing safe
and efficient service to our community. Moreover, we are dedicated to providing
a safe workplace for our employees.
B.
In order 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 driving Town vehicles, including
all Town police officers. Drug testing, in compliance with Department of Transportation
(DOT) regulations, is an integral part of our program. Noncompliance with
this poling or violation of the regulations may result in severe disciplinary
action including suspension or dismissal.
A.
The Town has established an Employee Assistance Program
(EAP) which includes education and training for drivers, supervisors and Town
officials about controlled substances and alcohol.
B.
The training program will cover the effects of controlled
substance use on personal health, safety and the work environment. Manifestations
and behavioral changes that may indicate controlled substance use and abuse
will also be addressed. Documentation of these training sessions will be maintained.
A.
No employee shall report for duty within four hours of
consuming alcohol.
B.
No employee shall use alcohol while on duty.
C.
No employee shall be on duty while having an alcohol
concentration of 0.04 or greater.
D.
No employee shall be on duty or operate a Town vehicle
and or commercial motor vehicle while the employee possesses alcohol, unless
the alcohol is manifested and transported as part of a shipment.
E.
No employee shall use alcohol for eight hours following
an accident or until he/she undergoes a post-accident alcohol test, whichever
occurs first.
F.
No employee shall use controlled substances, except when
pursuant to the instructions of a physician who has advised the employee that
such use will not adversely affect the employee's ability to safely operate
a commercial motor vehicle.
This policy applies to all Town drivers, including those drivers requiring
commercial driver's license as defined by the Department of Transportation
Title 49 Code of Federal Regulations Part 383.5.
A.
Types of tests.
(1)
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. Testing procedures will comply with Federal Motor Carrier
regulations 49 CFR Part 40. Individual test reports will be maintained in
each employee's confidential file.
(2)
Six types of drug and alcohol tests are required under
federal regulations: pre-employment, 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 drivers at at least
once in the year 1996.
B.
All applicants for employment will submit to drug testing
only.
C.
Throughout the year, drivers 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 drivers 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.
D.
A driver 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.
E.
If a driver who violates 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.
F.
The driver 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 certified
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 driver's expense.
Certified breath alcohol technicians will perform these tests using
evidential breath testing devices. If the test shows a result less than 0.02,
the test is considered negative. If the alcohol concentration is 0.02 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 driver who tests positive for alcohol at a level
of 0.04 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 driver needs in
resolving the problem.
C.
If a driver tests positive for alcohol and the test result
is between 0.02 and 0.04, the driver must be removed from driving or performing
safety-sensitive duties for 24 hours. The driver must undergo an alcohol test
with a negative result before returning to duty. No other action will be taken
against the driver based solely on test results showing an alcohol concentration
less than 0.04.
The consequences of refusing a test are the same as testing positive.
A.
In order to be eligible to return to duty after a positive
drug test or an alcohol level of 0.04 or higher, a driver 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 driver must continue in an aftercare program and be subject to follow-up
testing. If any follow-up test is verified positive for drugs or alcohol (0.04
or higher), the driver's employment will be terminated.
B.
The costs of evaluation, rehabilitation and return-to-duty
tests are the responsibility of the driver. The Town will pay for follow-up
tests. Furthermore, the Town does not guarantee that a driver will be rehired
after completing rehabilitation.
