Any refusal or failure by the CDL employee or applicant to submit to any test required by this policy or the applicable law shall be deemed to be a positive result. Refusal to submit to a test under this Policy shall include any act or omission which prevents, thwarts or frustrates the objectives of this policy including, without limitation, the following: refusal to submit in a timely fashion to testing; refusal or failure by the employee or applicant to complete, sign or initial the required testing form; refusal or failure without good cause to provide any sample or provide an adequate sample for testing; and/or, failure or refusal to otherwise cooperate with the testing process in a way which prevents the completion of any required test.
A. Alcohol Testing. Alcohol testing shall be conducted using a Federally approved breathalyzer. Any employee receiving a test result of greater than two-hundredths (.02) but less than four-hundredths (.04) breath alcohol level shall be removed from safety sensitive duties as defined in the act and regulations, for 24 hours. Any test result of greater than four hundredths (.04) breath alcohol level shall be considered a positive test.
B. Drug Testing. Drug testing shall be conducted by urine sample which shall be analyzed at a Federally approved testing facility. Any test result showing the presence of illegal drugs shall be considered a positive test.
C. If an employee shall test positive for either alcohol or illegal drugs under this Section, the employee shall be subject to discipline and/or dismissal, at the discretion of the Township Manager, or in accordance with such other further policy as the Township may adopt in the future.
(Ord. 324, 12-20-95, § 1)