§ 38.21 RELEASE OF TESTING INFORMATION BY PREVIOUS EMPLOYERS.
   (A)   The village may obtain from any previous employer of the driver information related to the driver's participation in an alcohol and drug testing program. The village must obtain written permission from the driver to acquire this information.
   (B)   The village will obtain and review the information listed below from any previous employer the driver performed safety-sensitive functions for in the previous two years. The village must request and review this information before the driver first performs a safety-sensitive function. The information will contain the following:
      (1)   Driver's breath alcohol test that indicated concentrations of 0.04 or greater.
      (2)   Positive controlled substance tests.
      (3)   Any refusals to submit to a required alcohol or controlled substance test.
   (C)   The village will provide the previous employer written permission authorizing, from the applicant, the release of the above information.
   (D)   The village will not use a driver to perform safety-sensitive functions if the village obtains information indicating the driver has tested positive for controlled substances, tested at or above 0.04 breath alcohol concentration, or refused to test unless the employer has evidence the driver has been evaluated by a SAP, completed any required counseling, passed a return-to-duty test, and been subject to follow-up testing.
(Ord. 1995-11-34, passed - -95)