(A) The village conducts random drug and alcohol testing. The company or its agents will submit all CDL drivers' names to a random selection process. Other safety sensitive employee's names will be submitted to a separate selection pool. The random selection system provides an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. The village will drug test, a minimum, 50% of the average number of CDL driver positions in each calendar year at the rate established by the Department of Transportation for the given year. Other safety sensitive, non-CDL, employees will be tested at the same rate. The village will select, at a minimum, 25% of the average number of driver positions in each calendar year for random alcohol testing, or at the rate established by the DOT for the given year. Other safety sensitive non-CDL employees will be alcohol tested at the same rate. Random selection, by it very nature, may result in employees being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar year.
(B) If a safety sensitive employee is selected at random, for either drug or alcohol testing, a village official will notify the employee. Once, notified, every action the employee takes must lead to a collection. If the employee engages in conduct that does not lead to collection as soon as possible after notification, such conduct may be considered a refusal to test.
(Ord. D-239, passed 8-10-2004)