(A) The town is required by Federal Law to comply with the DOT/FHWA regulations as it pertains to drug and alcohol testing programs.
(B) All drivers required to have a commercial driver's license (CDL) are subject to the controlled substances and alcohol testing rules. A commercial driver's license is required for drivers operating a vehicle in excess of 26,000 pounds gross vehicle (GVWR) or designed to carry 16 or more passengers (including the driver), or of any size, which carries placardable amount of hazardous material.
(C) A driver must be in compliance while performing safety sensitive duties, which includes all of the following:
(1) All time at a facility or property waiting to be dispatched.
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time.
(3) All time spent at the driving controls.
(4) All time, other than driving time, spent on or in a commercial motor vehicle.
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading and unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle.
(6) All time spent performing the driver requirements associated with an accident.
(7) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
(D) Driver conduct that is prohibited by DOT regulations are as follows:
(1) No use of alcohol for four hours prior to duty.
(2) No use of alcohol while on duty.
(3) No use of alcohol after an accident for at least 8 hours or until the employee has been tested.
(4) No use of controlled substances, except as prescribed by a licensed physician with knowledge of the employee's safety-sensitive job duties.
(5) On a DOT alcohol test, no result of 0.04 BAC or greater.
(6) On a DOT drug test, no confirmed positive test result.
(7) No refusal to participate in a DOT alcohol or drug test.
(E) A driver will be tested for alcohol and controlled substance under certain circumstances: pre-employment, post-accident, reasonable suspicion, random, and return to duty and follow up.
(Ord. 97-2, passed 8-25-97)