§ 36.63 POST ACCIDENT TESTING.
   (A)   The safety sensitive employee must submit to drug and alcohol testing any time he or she is involved in an accident where a fatality is involved; or a driver receives a citation for a moving violation arising from the accident, and any party involved requires immediate treatment for any injury away from the accident scene, or if any vehicle involved incurs "disabling damage" (such as, must be towed away). Following any accident, the safety sensitive employee must contact the village as soon as possible. The employee has been presented with an information card setting forth instructions for post-accident drug and alcohol testing. The employee shall follow the instructions contained on the information card as well as any additional instructions form the company or its representatives.
   (B)   Any time a post-accident drug or alcohol test is required, it must be performed as soon as possible following the accident. If no alcohol test can be done within eight hours, attempts to perform an alcohol test shall cease. If no urine collection can be obtained for purposes of post accident drug testing within 32 hours, attempts to make such collection shall cease.
   (C)   In the event that federal, state, or local officials conduct breath or blood tests for the use of alcohol and/or urine tests for the use of controlled substances following an accident, these tests may meet the requirements of this section, provided the tests conform to applicable federal, state, or local requirements. The village may request testing documentation from such agencies, and ask the employee to sign a release allowing the village to obtain such test results.
   (D)   In the event that a safety sensitive employee is so seriously hurt that the employee cannot provide a sample of urine, breath, or saliva at the time of the accident, the employee may provide necessary authorization for the village to obtain hospital records or other documents that would indicate the presence of controlled substances in the employees system at the time of the accident.
(Ord. D-239, passed 8-10-2004)