1. Refusal by an employee to submit to drug and alcohol testing required under this policy shall subject the employee to discipline up to and including discharge, at the discretion of the Troy Borough Council.
2. Refusal by an employee to submit to testing required under this policy shall be deemed to include any act or omission which prevents, thwarts or frustrates the objectives of this policy and the requirements imposed under DOT regulations including, but not limited to, the following: (A) refusal to submit in timely fashion to testing as required under this policy; (B) refusal or failure by the employee to complete, sign or initial the required breath alcohol testing form; (C) refusal or failure without good cause to provide breath; (D) refusal or failure without good cause to provide an adequate amount of breath to allow proper testing; and/or (E) failure or refusal to otherwise cooperate with the testing process in a way which prevents the completion of the test.
3. In accordance with 49 C.F.R. § 40.69, should Troy Borough be advised that a CDL employee has attempted and failed to provide an adequate amount of breath, the Troy Borough Council, itself or through its designee, shall direct the employee to obtain, as soon as practical after the attempted provision of breath, an evaluation from a licensed physician who is acceptable to the Council, concerning the employee’s medical ability to provide an adequate amount of breath.
A. If the physician determines, in his or her reasonable medical judgment, that a medical condition has or, with a high degree of probability, could have precluded the employee from providing an adequate amount of breath, the employee’s failure to provide an adequate amount of breath shall not be deemed a refusal to take a test. The physician shall provide to the Troy Borough Council a written statement of the basis for his or her conclusion.
B. If the licensed physician, in his or her reasonable medical judgment, is unable to make the determination set forth above, the employee’s failure to provide an adequate amount of breath shall be regarded by the Troy Borough Council as a refusal to take a test, in which event the employee shall be subject to discipline up to and including discharge for refusal to submit to testing. The licensed physician shall provide to the Troy Borough Council a written statement of the basis for his or her conclusion.
(Res. 96-1, 1/15/1996, § 8)