For purposes of this section, “alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
“Alcohol concentration” means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
“Alcohol use” means the consumption of any beverage, mixture, or preparation, including any medication containing alcohol.
“Positive rate” means the number of positive results for random controlled substances tests conducted plus the number of refusals of random controlled substances tests required, divided by the total of random controlled substance tests conducted plus the number of refusals of random tests required by this part.
“Refusal to submit” (to an alcohol or controlled substances test) means that a driver or safety-sensitive employee (1) fails to provide adequate breath for alcohol testing without a valid medical explanation, after he/she has received notice of the requirement for breath testing in accordance with the provisions of this chapter, or (2) fails to provided an adequate urine sample for controlled substances testing as required by this chapter, without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing in accordance with the provisions of this chapter, or (3) engages in conduct that clearly obstructs the testing process.
“Safety-sensitive function” means any of those on-duty functions set forth in 395.2 on duty time, paragraphs (1) through (6) of OTETA §382.
“Substance abuse profession (SAP)” means a licensed physician (of medicines or osteopathy), a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol disorders.
Effective January 1, 1995, all employees who are required to have a CDL and the Mechanics who service the vehicles will be covered by the terms and conditions of the Omnibus Transportation Employee Test Act of 1991. The Village will provide drivers with training and education regarding alcohol and substance abuse, as well as information regarding post-accident testing procedure.
Use of controlled substances, which cause intoxication or impairment on the job, poses risks to the employer, the affected employee and to co-workers. Recognizing that drug and alcohol abuse are treatable illnesses which should be dealt with initially by treatment and education, it is the employer's policy to prevent and rehabilitate rather than to terminate the employment of drivers who are alcohol or drug dependent. No driver will be discharged without first having an opportunity to seek treatment, if treatment is needed.
The policy will be implemented in a consistent, non-discriminatory manner. All drivers will be provided a copy of the employer's drug testing policy prior to its implementation. In addition, drivers will be provided information concerning the impact the use of drugs has on job performance. Drivers and supervisors will be trained to recognize the symptoms of drug abuse, impairment and intoxication. All drivers will be informed of the causes for testing, how well the tests perform and what tests will be conducted.
All newly employed drivers will receive the information no later than their initial hire date. No driver shall be tested until this information in provided to the employee.
Random Testing
As required by the Omnibus Transportation Employee Testing Act of 1991 (OTETA), the Village will conduct random drug and alcohol testing. The Village will submit all drivers to a random selection system. Random drug testing will not be performed except where required by OTETA.
Post-Accident Testing
When a driver is involved in an accident where a fatality is involved, the driver shall submit to post-accident drug and alcohol testing. Where a driver is involved in a recordable accident and receives a citation for a moving violation arising from the accident, the driver must submit to drug and alcohol test.
In the event a driver is so seriously injured that the driver cannot provide a specimen at the time of the accident, the driver must provide necessary authorization for the Village to obtain medical records, or other documents that would indicate whether there were controlled substances or alcohol in the driver's system at the time of the accident. All testing shall be done in accordance with the provisions of OTETA.
Reasonable Cause/Suspicion Test
Drug testing may be administered only where there is reasonable suspicion to believe that the driver is demonstrating the symptoms of intoxication, impairment or drug abuse through use of a controlled substance while on duty.
The term “reasonable suspicion” shall for the purposes of this policy be defined as follows:
Aberrant or unusual on-duty behavior of an individual which:
(a) Is observed on duty by the driver's supervisor who is trained to recognize the symptoms of intoxication, impairment or drug abuse;
(b) Is the type of behavior, which is recognized and accepted as symptoms of intoxication or impairment caused by controlled substances or alcohol.
Reasonable suspicion must be based on specific personal observation by supervisors which must be documented in writing within 24 hours of the observation or prior to the release of the test results, whichever is later (OTETA §382.307)
Violations of the procedures outlined under OTETA will render the test results invalid. The test results will be destroyed and no discipline will be administered to the affected employee.
Drivers will be given an opportunity to give an explanation of their condition to the Village.
Refusal to submit to toxicology testing after being properly ordered to do so may result in disciplinary action. Said driver, after refusing to be tested, will be deemed to be on leave without pay pending disciplinary action.
Those drivers tested will be deemed to be on leave with pay for any portion of the workday necessary to perform the testing. Should the employee's test results be positive, the employee will not be paid for those hours of work following completion of the testing.
Testing Procedures
The following test procedure shall apply to urine tests administered to drivers:
The driver shall not be observed when the urine specimen is given unless required by OTETA.
At the time the urine specimen is collected, two samples will be taken; the primary and split specimen. Both samples will be sent to the laboratory to be tested at the employer's expense, with the primary specimen being tested initially with the split specimen to be tested only upon the request of the employee within 72 hours of his/her notification of a positive test result of the primary sample. All test results are to be reviewed by a medical review officer before being released. Test results must be completed by the employer within 48 hours of the testing.
The testing shall be done by a certified laboratory as required by OTETA.
If the results of the tests administered by the employer on the two samples show that the driver while on duty demonstrated the symptoms of intoxication, impairment or drug abuse through use of a controlled substance, the driver shall be given a copy of the laboratory report of both specimens before discipline is imposed.
Testing Procedures: Alcohol
The following test procedure shall apply to alcohol testing:
This section is applicable for random, post-accident, return-to-duty, follow-up, reasonable suspicion, and pre-transfer testing using procedures specified in the federal regulations. These procedures use an Evidential Breath Testing device (EBT), approved by the Nation Highway Traffic Safety Administration.
The Federal Highway Administration (FHWA) rules prohibit the performance of safety- sensitive functions in the following circumstances:
(a) While having prohibited concentrations of alcohol in the system.
(b) While using alcohol.
(c) Within four hours after using alcohol.
(d) Using alcohol within eight hours after an accident or until tested, whichever occurs first.
(e) While having possession of alcohol.
A screening test is conducted first, with any result of less than 0.02 alcohol concentration being considered a "negative test." If the alcohol concentration is 0.02 or greater, a second or confirmation test must be conducted.
Following a determination that an employee has violated the alcohol prohibitions by having a test result of 0.04 Blood Alcohol Content (BAC) or greater, the employee must be removed from the safety-related functions and meet the following minimum requirements before being returned to duty:
(a) The employee undergoes evaluation, and where necessary, rehabilitation;
(b) A Substance Abuse Professional (SA) determines that the employee has successfully complied with any required rehabilitation, and
(c) The employee undergoes a return-to-duty test with a result of less than 0.02. An employee with an alcohol concentration of 0.02 or greater, but less than 0.04 is not permitted to perform safety-sensitive functions for a minimum of 24 hours and therefore will be released from duty without pay and may not be recalled to duty during this period.
Random Testing
A safety-sensitive employee may only be tested while the safety-sensitive employee is performing safety-sensitive functions, just before the safety-sensitive employee is to perform safety-sensitive functions, or just after the safety-sensitive employee has ceased performing such functions. After notification, the safety-sensitive employee selected for random testing shall proceed to the testing site immediately.
Post-Accident Testing
As soon as practicable following an accident, each safety-sensitive employee shall test for alcohol:
(a) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(b) Who receives a citation under state or local law for a moving traffic violation arising from the accident.
A safety-sensitive employee who is subject to post-accident testing shall remain readily available for such testing or he/she may be deemed by the Village to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured persons following an accident or to prohibit a safety-sensitive employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
The results of a breath or blood test for the use of alcohol, conducted by federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to applicable federal, state, or local requirements, and that the results of the tests are obtained by the Village.
Return-to-Duty Testing
Before a safety-sensitive employee returns to duty requiring the performance of a safety- sensitive function after engaging in prohibited conduct, the safety-sensitive employee shall undergo an alcohol test with a result indicating an alcohol concentration of less than 0.02.
Follow-up Testing
Following a determination that a safety-sensitive employee is in need of assistance in resolving problems associated with alcohol misuse, the Village shall ensure that the safety- sensitive employee is subject to unannounced follow-up alcohol testing as directed by a SAP, following the safety-sensitive employee's return to duty. The number and frequency of such follow-up testing shall be as directed by the SAP, and consist of at least six tests in the first twelve months following the safety-sensitive employee's return to duty. Any such testing shall be performed in accordance with the requirements of 49 CFR Part 40, and shall not exceed 60 months from the date of the safety-sensitive employee's return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines that such testing is no longer necessary. During the 60-month period the employee remains separately subject to random testing as well.
Reasonable Suspicion Testing
The Village shall require a safety-sensitive employee to submit to an alcohol test when a supervisor has reasonable suspicion to believe that the safety-sensitive employee has violated the prohibitions of Section G-3. The Village's determination that reasonable suspicion exists to require the safety-sensitive employee to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the safety-sensitive employee.
The required observations for alcohol reasonable-suspicion testing shall be made by a supervisor or Village official who is trained in accordance with the federal regulations.
Alcohol testing is authorized by this section only if the observations required are made during, just preceding, or just after the period of the work day that the safety-sensitive employee is required to be in compliance with this part. A safety-sensitive employee may be directed by the Village to only undergo reasonable-suspicion testing while the safety-sensitive employee is to perform safety-sensitive functions, or just after the safety-sensitive employee has ceased performing such functions.
Notwithstanding the absence of a reasonable-suspicion alcohol test under this section, no safety-sensitive employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the safety-sensitive employee is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the Village permit the safety-sensitive employee to perform or continue to perform the safety- sensitive functions, until:
(a) An alcohol test is administered and the safety-sensitive employee's alcohol concentration measures less than 0.02; or
(b) Twenty-four hours have elapsed following the determination that there is reasonable suspicion to believe that the safety-sensitive employee has violated the prohibitions concerning the use of alcohol.
Pre-Transfer Testing
Prior to the first time a covered employee performs safety-sensitive functions, the Village shall ensure that the employee undergoes testing for alcohol, which indicates an alcohol concentration less than 0.04. If the employee is found to have an alcohol concentration of 0.02 or greater, but less than 0.04, the employee shall not be permitted to perform safety-sensitive functions until:
(a) The employee's alcohol concentration measures less than 0.02; or
(b) The start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test.
Drivers who seek voluntary assistance for alcohol or drug abuse may not be disciplined for seeking such assistance. All requests from employees for assistance shall remain confidential. Drivers at their option shall be entitled to take accrued sick leave, vacation leave, or leave without pay during absences required as part of the rehabilitation process.
Any provision mandated under OTETA and not covered by the provisions of this chapter shall be governed by the federal act.
Any dispute, which may arise over compliance with this policy, shall be resolved through the grievance procedure of this manual.
(Ord. O-03-018. Passed 5-21-03.)