(a) Substance abuse testing shall be conducted using test procedures and analysis techniques that are designed to produce a scientifically accurate and reliable result and efforts shall be made to utilize only laboratory facilities which have been approved by the DHHS when it is reasonably possible to do so without delaying the result of the test. Consistent with obtaining an accurate and reliable result, the Village affirms the need to protect individual dignity, privacy and confidentiality throughout the testing process. Personal data regarding the drug testing program shall be released only to those persons who have a bona fide need to know the information for proper administration of the anti-drug program in accordance with 49 CFR § 40.81.
(b) For purposes of carrying out its substance abuse testing program for drugs and controlled substances through urinalysis, the Village hereby adopts, as if fully rewritten and incorporated here (including its appendices), the provisions of 49 Code of Federal Regulations Part 40 entitled “Procedures for Transportation Workplace Drug Testing Programs” and more specifically designated “Subpart B - Drug Testing”, as the same were promulgated effective October 14, 1994, a copy of which is attached to Ordinance 95-4-33 and marked "Exhibit A."
(c) For purposes of carrying out its substance abuse testing program for alcohol by means of breath testing device for covered employees not covered by Federal laws and regulations mandating the substance abuse testing of operators of commercial motor vehicles, the Village of Sunbury hereby adopts, as if fully rewritten and incorporated here (including its appendices), the provisions of 49 Code of Federal Regulations Part 40 entitled “Procedures for Transportation Workplace Drug Testing Programs” and more specifically designated "Subpart C - Alcohol Testing,” as the same were promulgated effective October 14, 1994, a copy of which is attached to Ordinance 95-4-33 and marked "Exhibit A."
(d) For purposes of carrying out the substance abuse testing program mandated by the United States government for commercial motor vehicles operating in interstate commerce, the Village of Sunbury hereby adopts, as if fully rewritten and incorporated here (including its appendices), the provisions of 49 Code of Federal Regulations Part 382 entitled “Controlled Substances and Alcohol Use and Testing" and more specifically designated "Subpart A - General," "Subpart B - Prohibitions," “Subpart C - Tests Required," "Subpart D - Handling of Test Results, Record Retention and Confidentiality," and “Subpart F - Alcohol Misuse and Controlled Substance Use Information, Training and Referral,” as the same were promulgated effective October 14, 1994, a copy of which is attached to Ordinance 95-4-33 and marked "Exhibit B."
(Ord. 96-007. Passed 3-6-96.)