HomeMy WebLinkAboutAlcohol & Drug TestingJUDITH T. TERRY
TOWN CL~RK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS M. iNAGE1ViENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF ~ TOW1W CI,W. RK
TOWN OF SOUTHOLr~
THIS IS TO CERTIFY THAT THE FOLLOWING RE~OL1/FION WAS ADOPTWt~ BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER I2. 1995:
RI=SOLVED that the Town Board of the Town of Southold hereby adopts the following
Town of Southold Alcohol and Drug Testing Policy, and designates Barbara A.
Rudder, Personnel Assistant, as the Town's Liaison for the policy, and the Southold
Town Substance Abuse Committee to conduct training under the policy:
TOWN' OF SOb-f~iOr.D
Alcohol and Drag Tes-dng Policy
Pursuant to the Omnibus Transportation Em~toy~ Tesfmg :-%~ of !991 and r~,~_atazions set
forth by the U. S. Depar'a-nem of Transpormfion~ ufo following poiiqz is effe;;ive ;m-anediazMy:
L Those affected by this poli .c?
All em~ioye,,,~ who are required to hold ~ CDL (Communal Driver's Lic~se) a~q pan of
the~job requi. 'foments or who have ~ CDL and are offered promotion to the positions of AEO,
CEO or any other saz%~ sensitive posidon for which a CDL is r~uired.
IL Questions regarding this poll .cy:
Any a-fleXed employee who has cluestions regm-ding this polio/should c~nracl: the Town
Personnel Officer at 765-4333.
/IL Wha£ the Omnibus Transportation Employee Testing Acz require:
E~sentiaily, use Am re .re.tires e,,npioym-~ with 50 or more empioy~ m ccnduc: alcohol ami
drug testing under the following ch%-anm-zanc~:
t) ?."e empio.~enz - ~piies ro ne:v mmpioycz, a ?fired ~n a posidcm,:i-mz r .~7~ a. CDL.
*~-~ Pr~mction - applies to ca.--enz :cw~ ~-nmicve~. . who ~e prcmor~ -:o pcs/ticns that
requ. ire a CDL.
3) Post accident - any ac~de.~ as descried in ac¢~rda.uc¢ wit& the ~-~'. involving mtnwn
vehic!e driven by a town employee shall rema/t in said employ~ being tested ~r ~it&er dn~s or
alcohol, or both. Such tem:ing must be performed within a premc,-n'oed dine as follows: aicoT~o[
testing should be peffoc~aed within two hours but in no event more than eight kour~ c:fthe
accident and controlled substance testing mmst be performed within 32 hou~ of the acdcLmnn
Testing performed by a ceded ]BAT, police officer., hospital technician or iai othe~-ihd;~4dna[
so qualified will be ack,ted for the purposes of this poflcy. No employee, is exempt from tM.~
requirement. Any employee who de~R~erate!y ~-cumvents or refuses to cormTly wit& ffcfi.~ tm~timg
shall be su~ec: to c~aciplinary action and shall be removed from all ddvin~ functiona and
assi~mned to laborer duties az the appropriate rate ofcommensadon until suc~t time as ~:bm'the ·
employee complies (if compliance is within prescribed limits), disciplinary action i~ ~emm~
or it is demrmined that the non-compliance, was not deh~eraxe on the employee's parr_
4) Random alcohot testing is to be performed on 25% of sub, eot employees a~v. Drdg
tes'dng ~s to be pe. rformed on 50% of subjec:~, employees anmm{Iy. Testing will be ~om~i
and performed throughouz the year. Employees will be randomly selected and random ~stinm for
alcohoi wiit be condn~ed just prior to. d~,~n~, or jusz a~er. the performan~:e ofdrive.-ffm;~[m:.
5) Reasonable su~icion - Testing shall be re,auired when it is believed that the Ia~ ~-.~'z
violated: ~ai.~ ~icion must be hazed on ~spec.'~c'obserwaziorm ora properiy trained su~er~z
conc~-vrang ~e aumearance, behavior, speec, h or body odor of'he ooe.,'azor.
6) Re'mm to dm2z - if an operazor has failed an alcohol te~x (atcoho! concenwatic~.02 but
less than .04) he rrmy no~ re.~ to duty in a safe~ sensiffve func~on (&'iv3ng) for ~ p~iodt c~Z4
hours. ~',he alcohol concenu"azion is. 0~ or above, such employ~ will be proh~%ked from
s . ov me -mmoyer aha the subs'an~ anuse profe~iona; have b.~
c) the emp|oy~ passes a reuma to duff test with a result be;ow .02. The m--utovee wil% th~x be
subje~ to no Iess than ~ unannounced follow up tests over. the ~e.x~ t2 mon~as.'
These are the minimum pre-condkious for returning to work, bu~ are not a =~arau~e of
re;mstazemem.
1~. What constituxes "Refusal to Submit"?
A refusal to suflmit to required tesdng includes: a fmiure :o provide adequ,~, e brea~ f~
testing ~dt&cut a valid medic..-d exp. tanafiorn ~ to .m-ovide adeauaxe udme for a coauui~ed
~ab~t~ce te~in~ 'MrJaout a waiid medicai ~.'~qpianafion, ' ' · '
- or any omer ~nduc; winch ~ffv
obsrcu~s the tes~_ prcc~s. F~-.iiure :o re:rm/n ~ avaiia~ie for posz ac.~den~ te.~ng absent
l~i~'rim~ me~c~ re.on al.so conslJlmil:es a c~.fmsai to ~-~mir_
Prohibitive behavior:.
Ali employees suh~: to this po[~ may uot eugage h the foIIowin~ ~vitie~:
* Reporting to woric with an alcohol cormenlr~on crf. O2 or above
· Empioye~ on standby may acm indulge in alcoholic beverages or um%~e iil%=--~at dm~
· Use of~l~at dru~s sm any th.e
P~ssession o£ alcohol at work. use of alcohot az work. use crfalco~ot four hours prior to
reporting to work, use of alcohol wkhin eight hottrs following an am~ent whm-e a post-ac~denz
alcohol test is required, using alcohol before mca a te~ (whicAeter comes ~a'--O, tm=esot to
submit to any requir~ alcohol or controlled subsianc~ te~, or reporting for work or remaining
on duty when ope~xor has used any comrolled mbstance, mxcm/ot, ifus~ Fmm the
instmctious of a physidan who has ad~i~ that such use will mt adv~dy affem the
employ~'s ability to operate a commerdai motor veh/de. -
Vi. Consequences:
Some of the consequences for violation of this policy, have be,'~ discuss~ in earlier
sections. Section VI will be=er define and reiterate the penalties that simlt be imposed against
employees who are in non-compliance, violation, or have b~een found in violation more than
once.
E~-M_PLOY~.~S WltO REFUSE TO SUB~gI' TO i~NDOM DRUG TEST~G:
First refusal: Removal fi-om driver's position and assi~ment as laborer
at appropriate rote of pay, until such time as employee complies.
Second refusal: Immediate suspension and filing of disciplinary charges
which may remit in employee's term/ration.
Once an emptoy~ is scheduled for testing he shall not be excused for any reason unless
authorized by the town.
E~%IPLOYEES 'C/HO FAIL DRUG TEST:
a) Immediate removal fi-om driving .rung-don and assignmem as laborer
at appropriate rate of pay.
b) Referral to a substanc,o abuse professional and em-oilmenz in a'
rehabilitation pro~m'arn. Emptoy~ will corrrinue in l~orer position until
completion o£pro~m'am. Upon remm to work and prior ro reinstatement
to driving ~ncfion, the empioy~ vfiil submit to a Jrug ~creen. No le~s
than six random scre~n~ will occur over the ne:'~ ra, eive months.
If the employee fm~ any mbsequenr drug ~esrs. he shall be subjecr~, to
disciptinw.~ ac'~on.
Except for employee refusal, and those actions mandated by taw, penalties prescffbed by
this section shall be applied on a case by case basis. Other considerations may come into piay,
i.e., length of time saber or clean before ret~se, employee's work record, and mitig~ating
circumstances.
EMPLOYEES W]ffO R~FUSE TO SUBMIT TO AI,COItOL TESTING:
A refusal to submit to alcohol testing shall result in the same consequences as refusal to
submit to drug testing as prescribed under that section.
E34PLO~ES WHO FAIl', gan ALCOHOL TEST:
a) A BAT (Breath Alcohol Technician) will conduct the procedure and
if the employee tests .02 but less than .04 s/he shall be prohibited from
driving for a period of 24 hours.
b) If the employee fails a second alcohol test w/thin a six month period
where a reading of.02 is observed, s/he shall be assigned and paid as a
laborer for no less than ti-wee months, during which time the employee
shall be subject to at least three unannounced alcohol tests. At the
completion of this three month per/od, if there has been no further
positive test results, the employee shall be reinstated to his or her
pe,wnanent position. If the employee tests positive during tiffs period,
s/he shall be mediately suspended and disciplinary charges shall be
filed accordingly, tf az any time an employee requests assistance for a
problem assodated with any kind of substance abuse (in particular prior
to his being scheduled for testing) the town w/il extend every
consideration as long as the employee is sincerely motivated.
c) If an employee tests .04 or above, such employee shall immediately
be reassigned as a laborer and paid accordingly. S/he shall notbe
reinstated to his permanent position until:
* The employee is evaluated by a substance abuse professional.
* Any requirements for rehabilitation set by the town and the
substanc~ abuse professional have been completed.
o The employee passes a remm to dub :esr with a result below .02_
The employee w~]l then be subje~ to no less than 6 unarmounced
follow-up tests over the next i2 months
VII. Training:
Emptoy~,s covered by the act will be ~,ven a copy of the town's policy, and irk ,m'ovisions
wilt be fully explained. Manuals will be disuSbuted which will discuss the me,ods ,.x4ed by the
laboratory to condu~ tests, as weft as risks assoc~mted with substance abuse. Supe~'~,isors ,~aTd be
trained ro determine the appropr/am c/rcumstances for conducing reasonabie ms?i~on testa
Reasonable suspicion is based on' sp~,fic observations of a tm/ned supe~m/scr based on an
employee's behavior charameristics.
Such characteristics associated with substance abuse and for which an empi~ may be
directed to undergo a drag screen for reaso~te suspicion include, bur are nor limited m:
abrupt changes in quality of work or work ourpm:
unusual flare-ups or outbreaks of temper
withdrawal from responsibility
general overall changes in attitude
deterioration of physical appearance and groom/ng
wearing of sunglasses at i~appmpriate times (m hide d~u~ ~r cor~U~cre/tmp~)
association wilfi known substance abusers
excessive borrowing
furtive or overt behavior
odor on breath
diffictdty focusing
~dlazed appearance of eyes
uncharacteristically passive or combative behavior
unex'ptained frequent accidents
flushed skin
blackouts
odor similar to burut rope on clothing or sldn
sturr~d speech
Obviously, most of these characteristics by themseives may net be cmrse for reasamf~e
suspicion. However, in combination or frequency of oc~.m'~ -~ they n-my cx~n~G,,m ~
reasonable suspicion and require an emptoy~ to be tested.
VIII. Procedures for Testing
Drug to_q-lng:
a) When an employ~ reports to a collection sdte s/he will be required to show pimm
identification. Failure to appear at the scheduled t/me for a drug or alcohol test may be
construed as a re~msal to submit and shall result in act/ohs prescribed by Section VI oft~
policy.
b) Outer ~arments and personal beto ~ngin~ shall be removed and ~ in ~ secure [ccarlrm
in order to avoid concealment of kerns or substances whic,~ could be used ~o contaminate the
· spec/men.
c) Ur/ne cotl~:fion - The employ~ will be ~ven a sealed s~ec;anen lilt and insrmc*~,d to
provide a urine spec4auen in the priva~.~ of a restroom desi~ated and ~repared for collection
procedures, in accordance with DOT requ/reme~s. ~rb t~e ,x-c~d~ efr~e actual, cat~ec~.~Lq~
of a specimen, a t~hnicm shall remain in the employee's prese~nc~ a~ all times.
The empioy~ umst provide at least 45 rrri~merers of ur:me or be advised bvrhe rechni~m
that more ks required. Ute emptoy~ will be requir~ ro rem at the collec-2on'ske for a
re.enable period of time until ~ou~l urine N coite~,ed. Lf the em=iov~ ~ unabie to provide
sufficient amount of urine, the emptoy. ~ may be -dh-octopod to r~ma/~ ~3;'t~:i~ ~ke u~i ~c5 time ~s
he is able ro provide an adequate amoum for a ~spe'd'anem A separate container shall be mod k~
Immediately after collection the technician sh~[l, in the presence of the individ~ml, record
the temperarare of'the spec/men using the attached temperature strip on the cotlect/on container.
The time from urination to the temperarare measurement shall not exceed 4 minutes. If the
spec/men temperature is outside the range of 90.5 to 99.8F there is reasonable suap[cion of'
adulteration/substitution, and the technician shall ask the employee if he or she wautd consent to
having his or her oral temperature taken. If the oral tempe~ aiare dues not matcla that of the urine
temperature, a second spec/men must be collected and both samples will be forwarcted to the
laboratory. A visual inspection will be made to assess the specimen's color and to identify any
contaminants. Any unusual color or appearance re. suiting from the inspection shall be
documented on the chain of custody form. Color and appearance are both ~nh~caut when
assessing the specimen. If the urine specimen is a non-mine color (i.e., green, blue, etc.) the
specimen wilI-be considered invalid or probably adulterated. However, the specimen will be
forwarded to the laboratory for analysis. The technician shall pour 30 mt into om bottle (primary'
specimen) and I5 mi into a second bottle (split spec,men). Both bott/es shall be slipped to the
laboratory.
The employee and technician will keep the spec/men in view at ali times prior to its being
sealed and labeled. The employee will he requested to observe transfer and rep!aov, ment oflabets
to a second container is necessary.
The tamper proof identification w/It be compt~ed and affixed to the specimen bottle and the
employee will in/rial the seat.
The identifying inr%rmation will be entered into the permanent record book and the
employee and technician will sign the book. Toe technician will continue to conmtete all required
&
data on the chain of custody form and insau~ the donor to read and 'siun the approuriate
sect/om.
After collection of the specimen, the specanen shall be placed in securely Sealed spec:anen
boxes. The technician w/ii initial and date the tape, sealing the container. Specimens Mil be
shipped or mailed to the laboratory within 24 hours of collection.
Alcohol TeSting:
a) When an employee reports to a collection site s/he will be requested to show photo
ide~i~iacafion. Failure to appear at the scheduled rime for a drug or alcohol test may be
construed as a re, sol to submit and shall remit in actions az prescn"oed by Section VI of this
policy.
b) The BAT w~iI ask the donor if s/he has eaten or drank anything, or used mouthwash, in
the 15 minutes prior to the test Ifthe donor mates that s/he has. and the BAT believes that what
the donor are or drank could contain alcohol, the donor shall wait 15 minutes prior to s~arting
the breath test.
c) 'fine BAT s~hall describe the procedure to the donor and then conduct, the test in
accordance with the written procedures which inco~orare the remfirements 0f49 CFR part 40,
and the EBT mamaSmmrer's insu'umions. '
d) When the rest is printed on the primer, the BAT simll separate the three r~arrs of the
form. One copy Mil be ~v.en to the donor, one copy ,~&~ be returned to the employee's
If the first breath test yields a positive test result (.02 or higher) the BAT shall uhen have the
individual wait for 15 minutes before starting another breath test.
After the required 15 minute wait, the BAT shall again test the donor. If this test is positive,
the BAT shall advise the donor that the donor has screened and confirmed positive for alcohol.
The BAT will immediately advise the de.si. 'gnated town r~resentative by telephone or by
electronic means, in a confident/al manner, that the donor has tested positive.
The consequences for failing or refi~sing to comply with drug or alcohol procedures are
prescffbed under Section VI of this policy.
IX. Chain of Cnstody:
Chain of custody is a record of every person who has respons~ility for a urine specime~
from the momem the specimen is collected to the moment its analysis is completed. In ord~- for
the results of a particular specimen to be considered valid, k is necessary to show that the
specimen itself has been handled responsibly and that no altering or tampering of the spe~ane, n
has taken place.
A specimen is considered safely in custody only while k is in the physical co~oI ora
responsible technician or placed in a locked desk, file cabinet or refrigerator. Appropriate chain
of custody forms will be utilized for the purpose of malnta/n/ng Control and accoum'~F;~iity from
initial collection to final disposition of all sp~imens, Taese forms will.always accompany the
specimen through use of information which matches label items, and a sequen~Saf number
assigned to each urine specirnen ebro/ned.
X. ~ledical Review Officer:
The lab reports all drug tests in a confidential m~nner to the desi__anated Medical Review.
Officer, or NiRO. The ~'V~O is a fully certified physician with knowledge of iilicit drugs and how
they are metabolized by the human body. For conf,, reed positive drag tests, the ~ff<O contacts
the emptoy~ by telephone and has a confidential discussion with him or her. ~ue ~,'nvtover is
not notified of the positive test result unffl the emvlov~ has the ovrmrmnitv to talk with the
~[KO. Depending upon which drug was discovered, the M!~O asks questions to find out
whether the drug was lebmtly prescribed, if'the employee can ~piain a positive test through a
copy ora prescription, the name ora doctor, or a copy of the label of the bottle then the
will mark "Negative" on the drug test result. This is despite the fact that the laboratory did
correctly determine the test as positive.
~ne employer wi~l never, know that the emptoy~ was under suspicion of a positive test.,
unless the employ~ chooses to inform the employer. On the other hand, ir'the employee cannot
explain or just/fy to the MRO why the test was positive, the Mtl. O v~fl inform the employee that
the employer will be notified of the positive result. During medical review wi~h the employee.
the MKO will inform the employee of the right to split analysis. A~er ~rRO v~ficafiou of a
positive result, the employ~ will be kffe~med by the NfKO that he or she will have 72 hours to
provide a request for a split analysis at a se~.~nd DH}{S ce.~ed lab.
,~er MKO verification of a positive result, the N'[R.O will notify the en¢toy~ of the
positive result_ The employer muxc remove that empioy~ from any mfe~ sensitive duties. ~the
s~iit analysis fails to reconfirm the dru~ the re~aits of the test are canceled and ~e employee.
~iil be restored any wages that may have been test during this period.
Conclusion:
The Town of Southold realizes that some employees who are subject to th/s policy may
need assistance beyond that which is required under the Ornm~ous Tmmsporrat/on Employee
Testing Act. The Town encourages its employees to utilize the Employee As~-mvmce Pro,warn
and to take advantage of what k offers. This program is available to all employees ami their
relatives and is not specifically restricted to drags and alcohol Other problems -Jay be
addressed, whether related to substance abuse or not. An employee need not wait urm'l he tests
positive or needs assistance in resolving pmbtems with drag or atcohot abuse before askfmg for
help.
WEIO TO CALL - Barbara A. Rudder
Personnel Agsi~lhnt
TELEPHONE - 765-4333
The Town ofSouthold's adminisuutor to conduct OTETA requirements is the ~xratkmal
Association of Drug Free Employees" (N_Ag)E). This company is comprised of the following
elements:
- Progr~ administration
· Cotlec~on services
- Laboratory services
· Tests and related materials
Medical review officer services
o Keporfing and record keying
- Tralhing
· Random sete-~don
NADE's offices are located at 811 Jericho Turnpike, Smithtown, New York. The HI-tS
certified laborato~ utilized by MADE is Roche Laboratories. The company is higMy quat~ed to
perform such se.wices and has a proven track record in responding to client needs in acc~ord~nce
with Federal State and local regulations. Some of its better known clients are Consolidated
Edison Company, Stony Brook Unive,,~/ry, Town of Brookhaven, Town of Babylon, M~ L~fe,
United Airlines and Delta 'Airlines.
Judith T. Terry
Southotd Town Cler'k
Dece~mber 13. t995