(A) Pre-employment requirements.
(1) All drivers who the village intends to employ or enter into a contract with will be tested for use of alcohol and controlled substance prior to the first time a driver performs a safety-sensitive function for the village.
(2) Such drivers will be notified that a breath or urine sample will be tested for the presence of alcohol and controlled substances.
(3) The village will not allow a driver to perform a safety-sensitive function unless the results of the breath alcohol test indicates a breath alcohol level of less than 0.02, and has received a controlled substance test result from the MRO indicating a verified negative test.
(4) If the results of the driver's alcohol test indicate a breath alcohol concentration of 0.02 or greater, but less than 0.04, the driver will not be permitted to perform safety-sensitive functions until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following the administration of the test.
(5) Any individual who refuses to submit to a controlled substance test or who tests positive for a controlled substance shall be deemed medically unqualified to operate a commercial vehicle and shall not be offered employment or a contract to drive for the village.
(B) Reasonable suspicion testing.
(1) The village will require drivers to be tested for the use of alcohol and controlled substances upon reasonable suspicion. (Reasonable suspicion testing carries different procedures for alcohol and controlled substances. Please refer to part 382 and part 40 of the regulations for more detail regarding this portion of this policy and the regulations.)
(2) (a) Conduct by drivers constituting reasonable suspicion must be witnessed by one supervisor or company official (two if possible) trained in the detection of alcohol and drug use. This observation for alcohol must be based on the specific, contemporaneous, articuable observations concerning the appearance, behavior, speech or body odors of the driver. The observation for controlled substances may include the indications of the chronic and withdrawal effects of controlled substances.
(b) The village must ensure that persons designated to determine whether reasonable suspicion exists to require a driver to be tested for alcohol and/or controlled substance testing receive a minimum of 60 minutes of training on alcohol misuse and a minimum of 60 minutes of training on controlled substance misuse.
(3) Alcohol reasonable suspicion testing is authorized only if the observation as described in subdivision (2) above is made during, just before, or just after the driver has been, will be, or was performing a safety-sensitive function.
(4) Once the driver has been notified that a reasonable suspicion test will be conducted it must take place within two hours of this notice. If the test is not accomplished within two hours by the village, a written record shall be made stating the reasons the alcohol was not promptly administered. If the test has not been accomplished within eight hours following the notification, the village shall stop it's attempt to administer the test and make and retain in the file a record of the reasons the alcohol test was not properly administered.
(5) A written record shall be made documenting the driver's conduct with respect to an alcohol and/or controlled substance reasonable suspicion and must be signed by the supervisor or company official who observed the behavior.
(6) Please note that the possession of alcohol does not constitute a need for a reasonable suspicion test as stated in this policy, and in § 38.13 of this policy, the reasonable suspicion must be based on observations concerning the driver's appearance, behavior, speech or body odors.
(C) Random testing.
(1) The village will utilize our third party administrator to conduct the random selection process to select and request drivers to be tested for the use of alcohol and controlled substances.
(2) The random tests conducted annually for controlled substances shall equal or exceed 50% of the driving positions available, and random alcohol tests conducted annually shall equal or exceed 25% of the driving positions available.
(3) A driver shall only be tested randomly for alcohol when the driver is performing safety-sensitive functions, immediately prior to or after performing a safety-sensitive function.
(4) Drivers must submit to these tests when selected by a random selection process utilized by the village. These tests will not be announced in advance and will be spread reasonably throughout the year. All drivers will have an equal chance of getting drawn in every selection.
(5) After a driver is randomly selected for a test, the driver must immediately proceed to the testing site upon notification of being selected.
(6) Once a driver is notified of the requirement to take a random alcohol and/or controlled substance test, provided that the driver was performing a safety-sensitive function at the time of the notification, the village will ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.
(7) If a driver who has been randomly selected for testing is on vacation or an extended medical absence, the village may either select another driver (alternate) for testing or keep the original selection confidential until the driver returns.
(D) Post-accident testing. Important Note: Nothing in this policy (or the regulations) should be construed as to require the delay of necessary medical attention for injured persons following an accident, or to prohibit a driver from obtaining assistance as needed to respond to the accident or to obtain necessary emergency medical care.
(1) Drivers shall provide a breath and urine sample to be tested for the use of alcohol and controlled substances as soon as possible following an accident involving a fatality or a recordable accident in which the driver receives a citation for a moving traffic violation.
(2) As soon as practical, a post-accident test must take place within two hours of the accident. If the alcohol test is not accomplished within two hours by the village, a written record shall be made stating the reasons the alcohol test was not promptly administered. If the test has not been accomplished within eight hours following the accident, the village shall stop its attempt to administer the alcohol test and make and retain in file a record of the reasons the alcohol test was not properly administered.
(3) If a driver has not submitted to a controlled substance test within 32 hours of the accident, the village shall stop its attempt to administer the controlled substance test and make and retain in file a record of the reasons the test was not properly administered.
(4) Drivers who are seriously injured and cannot provide a specimen at the time of the accident shall provide the necessary authorization for obtaining medical reports and other documents which would indicate whether there were any alcohol or controlled substances in his or her system at the time of the accident.
(5) The village can use, by permission from the Federal Highway Administration, post-accident tests conducted by federal, state, and local officials as meeting the requirements of this section under the following conditions:
(a) The official must have independent authority to conduct the test;
(b) The test must conform to federal, state or local requirements;
(c) Alcohol tests require blood or breath samples; and
(d) Controlled substances tests require urine samples.
(6) A driver who is subject to post-accident testing must remain available, or the village will consider the driver to have refused to submit to testing.
(7) The driver subject to post-accident testing must refrain from consuming alcohol for eight hours following the accident, or until he or she submits to an alcohol test, whichever comes first.
(E) Return-to-duty and follow-up testing.
(1) The village shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function, after engaging in prohibited conduct regarding alcohol misuse and/or controlled substance use, the driver shall be tested for alcohol and/or controlled substances. In order to return to duty, a driver must test negative for substance abuse and have a breath alcohol concentration of less than 0.02.
(2) In the event that a driver is required to complete a return-to-duty test, the driver must also be evaluated by a substance abuse professional (SAP) and participate in the assistance program prescribed by the SAP.
(3) Follow-up testing should be performed by the village on an unannounced basis as instructed by the SAP. Drivers shall be subject to a minimum of six follow-up controlled substance and/or alcohol tests in the first 12 months. Alcohol follow-up tests shall only be administered when the driver is performing a safety-sensitive function, either immediately prior to or after the safety-sensitive function is performed.
(Ord. 1995-11-34, passed - -95)