(a) Introduction. This policy is being issued by White Oak Borough to help ensure that its workplace is free from the adverse effects of drugs and alcohol, to help ensure efficient production of quality services for the public, and to comply with federal requirements issued by the Department of Transportation. The Borough also recognizes its employees’ interest in being free from unwarranted intrusions.
(b) Policy.
(1) The policy of the Borough is to maintain a workplace that is free from the effects of drugs and alcohol use so that employees are free to perform their work duties and be able to report to work regularly and on time. As such, the Borough will not tolerate the manufacture, distribution, possession, use or presence in the body, any controlled substance, or alcohol which may impair safety or job performance of an employee.
Specifically, no employee shall:
A. Report to duty, or remain on duty while having an alcohol concentration of .04, or when the employee uses any controlled substance.
B. Use or possess drugs and/or alcohol while on duty.
C. Consume alcohol for at least eight hours after any on-the-job accident, and if required, take a post-accident drug or alcohol test.
(2) Employees violating this policy will be subject to discipline up to and including discharge. The only exception provided is for employees taking prescription drugs in accordance with the instructions of a licensed medical practitioner. Use of prescriptions drugs shall be reported to the employees supervisor (Borough Manager, Street Department Foreman, or Chief of Police), and shall be treated as confidential information.
(3) The Borough encourages all employees who have, or may have a drug or alcohol problem to utilize any available resources from the Borough or community at large. Employees who voluntarily seek assistance without violating this policy, or any other policy, rules or practice of the Borough will not be subject to disciplinary action.
(4) The person designated to answer questions regarding this policy is the Borough Manager.
(c) Testing Requirements. The United States Department of Transportation (DOT), has established mandatory drug and alcohol testing regulations that affect certain employees with the Borough’s workforce. Accordingly, the following DOT requirements will apply to all employees in the following positions;
(1) Street Department Foreman
(2) Street Department Operator A
(3) Street Department Operator B
(4) Any other employee of the Borough required to hold a Commercial Drivers License.
(d) Circumstances for Testing.
(1) Random testing.
A. Each year the Municipality will use a random process to select at least fifty percent (50%) of its employees in the above listed positions, who will be tested for the use of controlled substances. Additionally, at least twenty-five percent (25%) of the employees in the above listed positions will be randomly tested for alcohol use. These percentages are subject to change depending upon notices issued by the DOT.
B. Random selection and testing shall be administered through an independent testing agency.
C. Procedures:
1. Employee is notified that they are to be taken for drug/alcohol testing.
2. Employee will be accompanied to site by at least one other Borough employee.
3. Employees will follow all instruction given at test site.
4. Employees refusing to take test shall be deemed to have violated the policy.
(2) Reasonable cause testing. Testing will be required by White Oak Borough upon the establishment of reasonable cause. Conduct necessitating testing shall be witnessed by at least two supervisors. If only one supervisor is available, there shall be at least one other witness to the behavior. Each witness must have received training in the detection of probable drug/alcohol use by observing a persons behavior.
(3) Mandatory post-accident testing.
A. Employee’s will provide urine specimens for drug testing as soon as possible after a commercial vehicle accident, but in no case later than thirty-two hours after the accident. Driver’s must be tested for alcohol as soon as possible after a motor vehicle accident, but in no case later than eight hours after the accident. A driver may not consume alcohol until they have been tested.
B. An accident is defined as involving:
1. A fatality.
2. Bodily injury that requires a person to be transported from the scene for medical treatment.
3. Damage to any vehicle that requires the vehicle to be towed away from the scene.
4. The driver receiving a citation under state or local law for a moving violation arising from the accident.
C. If as a consequence of the accident, a driver is seriously injured and can not provide a specimen at the time of the accident, they must provide authorization for obtaining hospital records or other documents that will indicate whether there were controlled substances or alcohol in their system at the time of the accident.
(4) Return to duty testing. If White Oak Borough offers an employee reemployment after the employee has been referred to an alcohol and substance abuse professional, and the employee has undergone recommended treatment, the employee must be tested for drugs/alcohol and test negative prior to returning to duty.
(5) Follow up testing. Any employee who has returned to duty after a positive drug/alcohol test will be subject to unannounced follow-up test for a period of up to 60 months. There will be at least 6 follow up test given during the first twelve months.
(6) Notification of test results. The Borough will notify its employees of verified positive tests for drugs conducted pursuant to the DOT regulations. Employees who test positive will also be advised specifically as to what substance was discovered.
(e) Consequences of Violating Policy.
(1) Policy violation determination.
A. An employee will be determined to have violated this policy whenever the employee tests positive for alcohol or drugs, regardless, of whether a supervisor, or anyone else, determines that the employee is impaired or that the employee’s job performance was adversely affected.
B. Employees will also be deemed in violation of this policy, if they fail to adhere to the testing procedure set forth above.
(2) Employee to be removed from position. An employee who tests positive for alcohol or drugs will immediately be removed from their position with pay, and sent to a substance abuse professional for examination. Failure to meet with such professional will result in the loss of pay.
(3) Rehabilitation/discipline issues.
A. A employee who tests positive will be allowed one opportunity during their entire employment with the Borough to avoid discipline provided they seek assistance and comply with all the requirements for return to duty testing and follow up testing.
B. In order to avoid discipline, an employee who tests positive must:
1. Be examined by a substance abuse professional (SAP).
2. Comply with all recommendations of the SAP.
3. Periodically submit reports from any person or group designated by SAP confirming that the employee is complying with aftercare recommendations.
4. Pass a return to work drug test and agree to follow up testing.
5. Sign agreement releasing all medical information relating to drug or alcohol use so that the Borough can ensure the employee can perform the job safely; and further providing that the employee understands that a second violation of this policy will be considered just cause for discharge.
C. Any employee found to have violated this policy, and not conformed with the above described rehabilitation process, or any employee found to have violated this policy two times through the course of their employment will be considered to have created just cause for discharge.
D. Employees who independently seek rehabilitation assistance, but who have not tested positive for drugs and alcohol in the above described process shall not be considered in violation of this policy.
(f) Training Program. The Borough will establish a training program which will address alcohol and controlled substances, and review the requirements under this policy and the DOT regulations. Supervisors will undergo training of at least sixty minutes on alcohol misuse and sixty minutes on drug use.
(g) Record Keeping.
(1) All of the records relating to the administration and results of the Borough’s testing program 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) There shall be a medical review officer who is licensed in medicine or osteopathy with knowledge or drug abuse disorders to review drug test results. The medical review officer shall retain the reports of individual test results for a minimum of five years.
(3) The Borough shall retain in the employees personnel file only the following information:
A. The employee submitted to drug/alcohol test.
B. Date of such test.
C. Test location.
D. Identity of the person performing the test.
E. Whether the test was negative or positive.
(4) The Borough will also maintain an annual summary of the records related to the administration and results of the testing program for its drivers under DOT regulations.
(5) 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 required by law.
(h) Miscellaneous.
(1) The Borough reserves the right to add to change or modify this policy, or any portion therein, and to terminate any employee subject to collective bargaining agreements. The Borough accepts no liability in the event of an alleged breach of any of the policies and procedures set forth herein.
(2) This policy will be limited by any applicable Federal or State laws or by any Borough ordinance. Any portion of this policy which directly conflicts with law or ordinance will not be implemented, but shall be severable and not affect the validity and enforcement of the remainder of the policy.
(3) This policy is not intended to confer any contractual or other rights or claims in favor of the Borough’s employee.
(Res. 3031. Passed 2-19-96.)