(a) Purpose.
(1) To comply with the requirements of employers pursuant to the Federal legislation concerning commercial drivers licenses (CDL) and the Federal regulations thereto insofar as they apply to this Borough.
(2) To conform the employment policies of this Borough with the requirements of said law and regulations.
(b) Application. This Policy shall apply only to all employees and applicants for employment who are required to have a CDL license for their employment by the Borough and who are assigned to operate vehicles or equipment requiring CDL licensure.
(c) Federal Regulations. The regulations of the Federal Highway Management Administration are hereby adopted by reference insofar as they apply to this Borough and this Policy.
(d) Policy Established.
(1) Employees shall not use, sell, possess, or receive alcohol or illegal drugs, or distribute or sell prescription drugs while on duty. Violation of these rules will subject the employee to discipline and/or dismissal, subject to any applicable provisions and procedures of the collective bargaining agreement in effect, if any.
(2) Prescription drugs must be kept in their original container identifying the drug, dosage, date of prescription and physician. Employees are required to notify their supervisor if they are taking a prescription drug that could impair their working ability or alertness. The term "illegal drugs" shall include drugs for which the employees do not have a valid prescription.
(3) The testing programs will cover the following substances present in the body: alcohol; cocaine; phencyclidine (PCP); marijuana; opiates (including Heroin); amphetamines; and such other illegal drugs as may be identified from time to time.
(e) Tests Established. The following drug and alcohol test procedures shall be applicable to all employees and applicants for employment to whom this Policy applies:
(1) Pre-employment. All applicants for employment shall be tested for drugs prior to acceptance for employment by the Borough. Any applicant testing positive shall not be considered for employment. Any refusal or failure by the applicant to submit to such test shall be deemed to be a positive result.
(2) Random. The Borough will implement a random testing procedure which meets the requirements of the federal regulations. The procedure shall include tests of affected employees on a random basis and shall be conducted without any advance notice; but shall be done not less than on a quarterly basis. The number of affected employees selected shall be at least fifty percent (50%) of the employees for drug testing and twenty-five percent (25%) of the employees for alcohol testing annually; provided, however, that the requirements of this Policy shall be satisfied if the above percentages are selected from a pool of employees which includes the Borough's employees.
(3) Reasonable cause. Any employee giving reasonable cause to believe that he or she is in violation of the Policy established in subsection (d) hereof shall be subjected to testing immediately upon observation of such reasonable cause by trained supervisory personnel. Reasonable cause shall be limited to behavior or conduct observed at the workplace or en route to a workplace during working hours. Observation shall be by supervisory personnel who have received at least one hour of training in drug use detection and one hour of training in alcohol use detection. Supervisory personnel making reasonable cause observations shall make and file with the Borough a written report of the attendant circumstances. Such reports shall be confidential.
(f) Post Accident. Any employee involved in an accident as defined herein shall be tested for drugs as soon after an accident occurs as is possible, but not later than thirty-two hours, and for alcohol as soon after an accident as possible, but not later than eight hours. Provided:
(1) Testing should not take precedence over needed medical treatment or other needed emergency measures;
(2) If for any reason the tests cannot be obtained within the times provided, the tests shall not be administered;
(3) No employee shall consume alcohol or illegal drugs between the time of the accident and the test administration;
(4) An accident shall include any occurrence involving a CDL vehicle where there is a fatality regardless of fault;
(5) An accident shall include any occurrence involving a CDL vehicle where the following conditions occur:
A. Bodily injury requiring transportation of the injured person away from the accident scene for treatment; or vehicular damage requiring the vehicle to be towed; and/or
B. Issuance of a citation to the Borough employee for a moving violation.
(g) Return to Duty. Any positive drug or alcohol test shall subject the employee to disciplinary action or dismissal by the Borough at the Borough's discretion or in accordance with such other, further policy as the Borough may adopt in the future. If re-employment is offered to the employee, the employee shall, prior to returning to duty:
(1) Consult such drug and alcohol abuse professional to whom the employee has been referred at the employee's expense;
(2) Undergo all recommended treatment at the employee's expense; and
(3) Undergo drug and alcohol tests at the employee's expense and obtain negative results.
(h) Follow-up. Any employee returning to duty after a positive drug and/or alcohol test shall be subject to unannounced follow-up tests for a period of sixty months following return to duty. At least six unannounced follow-up tests shall be conducted in the twelve months following return to duty.
(i) Employee Assistance Program. The Borough shall establish the following:
(1) A list of consultative and treatment services available in the area for drug and alcohol abuse problems. Said list shall be posted at a place readily accessible to employees.
(2) A list of educational and training resources available in the area for drug and alcohol abuse problems. Said list shall be posted at a place readily accessible to employees.
(3) A place or service for referring employees who test positive for drugs or alcohol for consultation and treatment.
(4) A one hour training and educational program for employees.
(5) One hour training each in drug and alcohol detection and related matters for supervisory personnel. Said training programs shall include the following components:
A. Effects of drug and alcohol abuse on health and safety;
B. Manifestations of abuse and abuse detection;
C. Documentation of training and implementation of this Policy.
(j) Test Results. Employees will be notified of their positive test results. Test results shall be retained by the Medical Review Officer responsible for testing. Said results shall be held in strictest confidence and shall be accessible only to the employee, the employer, and such other persons authorized by law and shall not be released to any other person except with the written consent of the employee. The results of tests made known to the Borough may be released to future employers in accordance with the Federal regulations.
(k) Confidentiality of Documents. All files, documents, and records of the Borough related to the application of this Policy to individual employees shall be deemed and kept confidential by the Borough.
(l) Record Keeping.
(1) All of the records relating to the administration and results of the Borough's alcohol and drug testing program for its CDL drivers will be maintained for a minimum period of five years, except that individual negative test results will be maintained for a minimum of twelve months.
(2) Tests will be conducted by a licensed facility and will be analyzed by a Medical Review Officer.
(3) The Medical Review Officer who is appointed shall be a licensed doctor of medicine or osteopathy with knowledge of drug and alcohol abuse disorders and who is employed by the Borough or group which the Borough has joined, to conduct alcohol and drug testing in accordance with the federal regulations. The Medical Review Officer shall be the sole custodian of individual test results. The Medical Review Officer shall retain the reports of individual test results for a minimum of five years.
(4) The Borough shall retain in the employee's personnel file information indicating only the following:
A. The employee submitted to a drug and/or alcohol test;
B. The date of such test;
C. The location of such test;
D. The identity of the person or entity performing the test; and
E. Whether the test finding was "positive" or "sub-negative".
(5) The Borough will also maintain an annual (calendar) year summary of the records related to the administration and results of the testing program for its drivers under the federal regulations.
(m) Access to Test Results and Findings. No person may obtain the individual test results retained by the Medical Review Officer, and no Medical Review Officer shall release the individual test results of any employee to any person, without first obtaining written authorization from the tested individual, unless otherwise requested by law.
(n) Miscellaneous.
(1) This Policy shall be implemented with the constitutional and legal rights of the employees subjected to it.
(2) This Policy shall not be deemed to be a covenant of employment or other form of covenant or contract between the Borough and any employee.
(3) Any collective bargaining agreement entered by the Borough subsequent to the adoption of this Policy shall conform with the provisions of this Policy.
(4) Any agreement for the sharing, leasing, lending, or other transfer of CDL employees between the Borough and any other municipality or private enterprise shall address in writing the status of said employees as to whether they are employees of the receiving entity during the period of the transfer.
(5) Any contract for services involving CDL employees shall expressly state whether the contracting party is an independent contractor or employee/agent of the Borough.
(6) The definition of terms shall be as contained in the relevant Federal regulations.
(7) A copy of this Policy shall be delivered to every employee and applicant for employment who is subject to it and to all supervisory personnel. Such employee shall sign an acknowledgment of receipt of the Policy.
(8) A copy of the controlling law and federal regulations shall be maintained in the Borough offices and shall be accessible to employees, upon request.
(9) This Policy will be limited by any applicable Federal or State law or Municipal ordinance, any by any applicable collective bargaining agreements. Any portion of this Policy which directly conflicts with such a law, ordinance, or agreement will not be implemented in that jurisdiction or bargaining unit, but shall be severable and shall-not affect the validity and enforcement of the remainder of the Policy.
(10) Employees agree to waive any liability against the Borough arising out of the Borough's administration of this Policy and its administration of the program established pursuant to the federal law or regulations regarding the Borough's responsibility for CDL drivers.
(Res. 3017. Passed 11-20-95.)