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R-394-96 01/22/96ITEM V.C.1 RESOLUTION RESOLUTION ADDING SECTION 2.15: DRUG & ALCOHOL ABUSE POLICY TO THE VILLAGE OF LEMONT PERSONNEL POLICY MANUAL WHEREAS, the Village of Lemont has adopted a Personnel Policy Manual which governs work rules, employment practices and employee benefits of all full and part time employees; and WHEREAS, from time to time it is in the best interest of the Village to amend the provisions of the Manual in an effort to provide a comprehensive and equitable document. THEREFORE, BE IT RESOLVED that Section 2.15 of the Personnel Policy Manual is hereby added to incorporate federal drug and alcohol restriction applicable to employees utilizing commercial drivers licenses. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Approved by me this c— day of Attest: AYES NAYS PASSED ABSENT 1/ V V V V v CHARLENE SMOLLEN, Village Clerk HARD A. KWASNESKI, Village President CHARLENE F. Action upon violation of Policy An employee who violates the term of this policy shall be subject to corrective counseling as outlined in Article VII of the Policy Manual. Should the Village be a current participant in a federal program in which the Village is the prime grantee and a direct receiver of federal funds, the Village shall notify the appropriate federal agency from which the Village receives grant monies of any employee or contractor conviction within ten (10) days after receiving notice of the conviction. The Village may require an employee who violates the terms of this policy to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program which has been approved and selected by the Village. 2.15 Drug & Alcohol Abuse Policy A. Purpose The purpose of this policy is to perform the necessary drug and alcohol testing pursuant to the federally mandated requirements under 49 CFR Part 40 and Part 382. The drug and alcohol related requirements become effective on January 1, 1996. B. Definitions "Driver" is any employee of the Village, who as a requirement of employment, must possess a CDL and may in the course of their duties have to operate a CDL required vehicle regardless if it is not a normally assigned duty. An individual subject to pre - employment testing because applying for positions which meet the requirement stated above will be considered a driver. The term "safety- sensitive function" includes: 1. All time waiting to be dispatched. 2. All time inspecting, servicing, or conditioning any commercial motor vehicle at any time. 3. All time spent driving a commercial motor vehicle. 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 or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded. 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. (49 CFR 395.2) A driver is considered to be "performing" a safety - sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety- sensitive function set forth above. C. Use Prohibited The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or use of alcohol is prohibited on all Village of Lemont premises, in any Village owned or leased motor vehicle, or other location at which the driver is to perform work. Nor will the Village hire or retain any individual who uses or possesses any illegal drug, in any amount and regardless of frequency, or any individual who engages in prohibited alcohol - related conduct. 1. The Village will maintain a pre - employment screening program designed to prevent hiring anyone who uses any illegal drugs, or engages in prohibited alcohol - related conduct. 2. No driver shall consume a Schedule 1 drug of the Schedule of Controlled Substance of the Drug Enforcement Administration or any amphetamines, narcotics, opiates, hallucinogenic substances, depressants, stimulants, cannabis (THC) or any other habit forming drug while on or off duty, except as provided in Section C.4. 3. No driver shall report for work or drive while impaired by any drug, controlled substance, or with an alcohol breath concentration of .02 or greater. 4. A driver may use a substance administered by or under the direction of a physician who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle. 11 5. No driver may operate any motor vehicle whose motor senses, sight, hearing, balance, reaction, reflexes or judgement are or may be presumed affected or has consumed any alcohol within 4 hours. 6. Any driver who sells or otherwise dispenses illegal drugs or alcohol to others on Village premises, in or from a Village owned or leased motor vehicle is subject to immediate termination. 7. Employees shall not be on duty or operate a commercial motor vehicle while the driver possesses alcohol (this includes medicines containing alcohol unless the packaging seal is unbroken) except as provided_ in C.4. 8. Employees are prohibited from using alcohol while performing safety - sensitive functions. 9. When the employee is required to take a post- accident alcohol test, the employee shall not use alcohol within 8 hours after the accident or prior to undergoing a post- accident alcohol test, whichever comes first. 10. An employee shall not refuse to submit to a required alcohol or controlled substance test. 11. An employee shall not report for duty, remain on duty or perform safety - sensitive functions if the employee tests positive for controlled substance. D. Drug Testing The Village will contract with an outside organization to function as Medical Review Officer (MRO) for the collection or urine samples to be tested. Collection and testing procedures shall be in accordance with 49 CFR 40 Part 40 and 382. The Village will require drug testing in accordance with the Federal Motor Carrier Safety Requirements as set forth in 49 CFR parts 40 and 382. All urine samples will be split samples. The "primary sample" shall be at least 30 ml. of urine; the split sample shall be at least 15 ml. Failure of the driver to provide that quantity even after a 2 hour second opportunity immediately following up to 24 oz. of water, will cause the driver to be referred for a medical examination 12 to develop pertinent information whether the driver's inability to provide a specimen is genuine or constitutes a refusal to test. The physician shall submit a written evaluation to the Village which will make a conclusion. While this process is being accomplished, the driver shall be placed out of service. E. Alcohol Testing The Village will require alcohol testing in accordance with the Federal Motor Carrier Safety Requirements as set forth in 49 CFR Parts 40 and 382. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A "screen test" shall be conducted first. Any result of less than .02 alcohol concentration is considered a "negative test." If the alcohol concentration is .02 or greater, a second or "confirmation test" must be conducted. Alcohol breath testing shall be by an "Evidential Breath Testing Device" (E.B.T.) that prints out the results, date, time, a sequential test number, name and serial number of the E.B.T. The alcohol test must be conducted by a "Breath Alcohol Technician" (B.A.T.) who is trained to operate the E.B.T. and is proficient in all breath alcohol testing procedures. Alcohol breath testing will be conducted at the Lemont Police Department by a state certified Breath Alcohol Technician. For random and reasonable suspicion testing, drivers will only be tested for alcohol while performing a safety - sensitive function, just before performing a safety - sensitive function or just after performing a safety - sensitive function. Any test of .02 or greater shall cause the driver to immediately be removed as a driver or from any other safety sensitive function and will subject the driver to disciplinary action in accordance with this policy. For reasonable suspicion testing, the driver shall be immediately removed as a driver or from any other safety - sensitive function once a reasonable suspicion determination has been made and cannot return to work until an alcohol test has been administered with a result of less than 0.02 alcohol concentration or 24 hours has passed since the reasonable suspicion determination was made. Failure of the driver to provide an adequate amount of breath will cause the driver to be immediately referred for a medical evaluation 13 to develop pertinent information whether the driver's inability to provide the adequate amount of breath is genuine or constitutes a refusal to test. The physician shall submit a written evaluation to the Village which will make a conclusion in writing. While this process is being accomplished the driver shall be placed out of service. F. Types of Testing 1. Compliance Required: For the purpose of compliance with the Federal Motor Carrier Safety Regulations, all drivers will be required to take and successfully pass urine drug testing and breath alcohol testing. Refusal to submit to such screening is considered a positive test. 2. Pre- employment: Applicants for positions as drivers will also be required to take and successfully pass a urine drug test and alcohol breath test before they can be used as drivers. A drug test is not required for the driver participating in a qualified program in the last 30 days and who was tested in the last 6 months, or participated in a random testing program in the last 12 months with no positive results. An alcohol test is not required if the driver has undergone a required alcohol test within the last 6 months as a result indicating a blood alcohol level below 0.02. For those individuals not required to be tested. The following information must be obtained on any new drivers from previous employers for the past two years: any positive drug test or alcohol test of .04 or greater, including any refusals to be tested. Every new employee shall provide to the Village a written release that authorizes the Village obtain the driver's past drug and alcohol test results. Any driver found to have had a positive test result in these two years shall cause the Village to further obtain information on the subsequent substance abuse professional's evaluation and /or determination under section 382.605 and determine if there was compliance with sections 382.309 and 382.311. 3. Reasonable Suspicion: If a supervisor or other qualified personnel has reasonable suspicion to believe that a driver has violated the alcohol or controlled substance regulations (see "Use Prohibited" section) then the driver shall submit to a urine drug or breath alcohol test. Upon being notified that they are to be tested, the employee shall proceed immediately to the designated testing site. Refusal to submit to such screening will be considered a positive test. A reasonable cause 14 observation form must be completed and signed by at least one qualified supervisor within 24 hours of observation that led to the reasonable cause test. A copy of the form shall be forwarded to the Village Administrator and Public Works Director within 48 hours of the observation. 4. Random Testing. (a) The MRO will randomly select 50% of all employees covered by this policy for drug testing and 25% for breath alcohol testing per the requirements of 49 CFR Part 40 and section 382. (b) The selected employee will not be informed of the need to be tested until just prior to the test. Upon notice that they are to be tested, the employee shall proceed to the testing site. (c) All test results will be placed into the driver's qualification file. 5. Post Accident Testing: (a) The Village will require post- accident urine drug and breath alcohol testing of all employees covered by this policy as required by 49 CFR Part 40 and section 382.303. (b) Post accident urine drug and breath alcohol testing will be required of those drivers who are involved in an accident if the driver receives a citation for a moving traffic violation arising from the accident, or if there is any injury or fatality resulting from the accident. (c) The post accident urine drug test shall be conducted as soon as possible but no later than 32 hours after the reportable or fatal accident. The breath alcohol test shall be administered within 2 hours after the accident, but in no event later than 8 hours after the accident. After an accident a driver shall not consume any alcohol for at least 8 hours or until a breath alcohol test has been administered. (d) A driver who is seriously injured and cannot provide a urine specimen or a breath alcohol test at the time of the accident shall provide the necessary authorization for obtaining medical records and reports that will indicate if a controlled substance or alcohol was in the driver's system and the level present. 15 (e) Failure of the driver to be readily available or refusal to give a urine sample or a breath alcohol test when the driver has been involved in a fatal accident, or receives a citation for a moving violation, except for a driver who meets the conditions of section (F) above, shall be considered a refusal to take a test and a positive result. This includes return to duty and follow - up testing as required. (f) The driver's immediate supervisor shall be notified immediately regarding an accident involving a driver. The supervisor will be responsible for overseeing the testing requirement. G. Drug Test Results Test results will be reviewed to determine whether there is any indication of a controlled substance abuse. 1. The test results will be reviewed by the Medical Review Officer (MRO). If there is any evidence of a positive result, the MRO will give the person tested an opportunity to discuss the results and provide documentation of legally prescribed medication. A copy of these test results will be given to the employee. 2. Test results will be maintained in the driver qualification file. 11. Alcohol Test Results 1. Test results will be maintained in the driver qualification file. A copy of the test results will be given to the employee. 2. The test results will not be released to any unauthorized party without written consent. L Assistance Program An Employee Assistance Program will be conducted by the Village to provide educational information concerning the effects and consequences of drug or alcohol use on personal health, safety and work environment. 1. Every driver will be required to take at least one hour of training each year on substance abuse and alcohol use, and sign an attendance certification sheet. 16 2. Written notice will be given when this training is available. J. Records 1. The Village will comply with all federal, state and local laws and regulations concerning any violations of criminal drug and alcohol use laws in the workplace. 2. Record Keeping: all records will be retained as listed in 49 CFR Section 382.401. 3. A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver's use of drugs or alcohol, and test results. 4. Records shall be made available to a subsequent employer upon receipt of a written request from a driver. 5. Every driver upon termination is required to permit in writing the release of their urine drug and breath alcohol test results for at least 2 years to any future employer. The Village is required upon the receipt of a written request of a driver to provide copies of his or her urine drug and breath alcohol test results promptly to any other possible employer at no charge. 6. The Village may disclose information required to be maintained under this policy on a driver, to a decision made in a law suit, grievance, or other procedure initiated by or on behalf of that driver and arising from the results of an alcohol or controlled substance test required by this policy, or from the Village's determination that the driver engaged in conduct prohibited by this policy. (Including but not limited to worker's compensation, unemployment compensation, or other proceedings related to benefits sought by the driver.) K. Disciplinary Action 1. An employee who violates these regulations shall be immediately removed from performance of any safety - sensitive function and shall be subject to disciplinary action which may include suspension or termination. 2. An employee who is in violation of the controlled substance regulations of this policy shall be terminated. 17 3. An employee who is in violation of the alcohol use regulations of this policy shall be subject to suspension or termination according to the following circumstances: a) If an employee is confirmed to have an alcohol concentration of less than .04 and greater than or equal to .02, the employee shall be subject to a fifteen (15) working day suspension for the first offense. The employee shall be terminated upon the second offense. b) If an employee is confirmed to have an alcohol concentration of .04 or greater, the individual shall be immediately terminated. 4. If an employee violates these regulations, the employee cannot return to work unless he or she has taken a return to duty alcohol test with a result of less than 0.02 alcohol concentration. 5. Every driver who has engaged in violations of this policy will be advised by the employer of resources available to the driver in evaluating and resolving problems associated with the misuse of drugs or alcohol. 6. A refusal to submit to testing, or an Employee Assistance Program in accordance with this policy guidelines shall subject the employee to termination. Mayor Richard A. Kwasneski Village Clerk Charlene M. Smollen Administrator Steven A. Jones LEMONT Village of Faith 418 Main Street • Lemont, IL 60439 -3788 (708) 257 -1550 Fax (708) 257 -1598 MEMORANDUM TO: Mayor & Village Board FROM: Steve Jones, Village Administrator C SUBJECT: Drug/Alcohol Testing of CDL Employees DATE: January 10, 1996 Trustees Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Federal transportation legislation went into effect on January 1, 1996 requiring alcohol and drug testing of employees involved in the operation of vehicles requiring a commercial drivers license (CDL). In our organization, this applies to Public Works employees. In an effort to incorporate the federal rules into our Policy Manual, we have drafted the attached section 2.15. The draft policy was prepared from policies prepared by the West Central Municipal Conference and Village of Downers Grove. You will note the policy calls for immediate termination for any violation of the substance abuse policy, or confirmation of an alcohol concentration of .04. Suspension (15 days) is mandated for alcohol concentrations below .04, but equal to or greater than .02. Second violations of this range are to result in termination.