(A) It is the policy of the village that its safety sensitive employees be free of substance and alcohol abuse. Safety sensitive employees are all employees required to maintain commercial driver's licenses, and those whose work requires sobriety for the safety of fellow employees or the general public. Consequently, the use of illegal drugs by safety sensitive employees is prohibited. Further, safety sensitive employees shall not use alcohol or engage in "prohibited conduct" as defined herein. The overall goal of this policy is to ensure a drug-and-alcohol-free transportation and safety sensitive work environment and to reduce accidents, injuries, and fatalities. Any safety sensitive employee who becomes unqualified or engages in prohibited conduct as set forth herein may be subject to termination of employment.
(B) (1) The following shall be considered "prohibited conduct" for purposes of this policy:
(a) No safety sensitive employee shall report for duty or remain on duty while having an alcohol concentration of .04 or greater in their bloodstream.
(b) No safety sensitive employee shall be on duty while possessing alcohol.
(c) No driver shall be on duty or operate a commercial vehicle while the driver possesses alcohol unless the alcohol is manifested and transported as part of a shipment.
(d) No safety sensitive employee shall use alcohol while performing safety-sensitive functions.
(e) No safety sensitive employee shall perform safety sensitive functions within four hours after using alcohol.
(f) No safety sensitive employee required to take a post-accident alcohol test shall use alcohol for eight hours following the accident, or until he or she undergoes a post-accident alcohol test, whichever occurs first.
(g) No safety sensitive employee shall refuse to submit to a post accident, random, reasonable suspicion, return to duty, or follow up alcohol or drug test.
(h) No safety sensitive employee shall report for duty or remain on duty when the employee uses any controlled substance, except when use is pursuant to the instructions of a physician who has advised the employee and/or driver that the substance does not adversely affect the drivers or employees ability to operate a commercial vehicle or perform a work function safely.
(2) If the village has actual knowledge or has a reason to believe that a safety sensitive employee has engaged in prohibited conduct, the village may require the employee to submit to drug and/or alcohol testing.
(3) If a safety sensitive employee engages in prohibited conduct, the employee is not qualified to drive a commercial vehicle or perform safety sensitive jobs, and shall be immediately removed from service. The village may, in its discretion, at the request of the employee, keep the employees position open while such employee attempts to become requalified. The village may also take action against the employee up to and including termination.
(4) Refusal to submit to the types of drug and alcohol tests employed by the village will be grounds for refusal to hire safety sensitive employees or to terminate employment existing safety sensitive employees. A refusal to test is defined to be conduct that would obstruct the proper administration of a test. Refusing to sign step two of the alcohol form is considered a refusal to test. A delay in providing a urine, breath, or saliva specimen could be considered a refusal. If a safety sensitive employee cannot provide a sufficient quality of urine or breath, he or she will be evaluated by a physician of the village's choice. If the physician cannot find legitimate medical explanation for the inability to provide specimen (either breath or urine), it will be considered a refusal to test. In that circumstance the employee has violated one of the prohibitions of the regulations.
(5) Pursuant to regulations promulgated by the Department of Transportation (DOT), the village has implemented six circumstances for drug and alcohol testing: preemployment testing (drug testing only), post-accident testing, random testing, reasonable suspicion testing, return to duty testing, and follow-up testing.
(6) All applicants for safety sensitive positions must submit to urine drug test. A safety sensitive job applicant is not required to submit to a urine drug test if the village can verify that the applicant has participated in a valid drug testing program within the preceding 30 days and, while participating in that program, was either tested within the past six months or participated in a random selection program for the previous 12 months. No prior employer has knowledge that the applicant violated any part of the regulations within the last six months.
(Ord. D-239, passed 8-10-2004)