2003-420
RESOLUTION NO. 2003- 42
RESOLUTION FOR THE ADOPTION OF
AMENDMENTS TO THE PERSONNEL RULES
WHEREAS, on June 18, 1984 the Buffalo Grove Board of Trustees adopted personnel policies
and procedures by Resolution No. 84 -43 and amended same in 1988, 1990, 1993, 1994, 1996,
1998, 2000 and 2001; and,
WHEREAS, in order to reflect current trends in human resources administration, occasional
amendments to the Personnel Rules are necessary; and,
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES of
the Village of Buffalo Grove, Cook and Lake Counties, Illinois that the changes to the Personnel
Rules that are contained in Exhibit A attached hereto are adopted by the Village of Buffalo Grove
amending the personnel policies and procedures adopted by Resolution No. 84 -43; and,
BE IT FURTHER RESOLVED that the amendments hereto referenced shall be in full force upon
their passage and approval.
AYES: 5 - Brai.man, Glover, Berman, Johnson, Trilling
NAYES: 0 — None
ABSENT: 1 — Kahn
Approved November 3 12003 Passed November 3 ,2003
Village President
Attest:
< L ? �
Village Clerk
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Exhibit A
Section 17.02 — On- the -Job Safety
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D. Alcohol and Drug Testing Policy for Commercial Drivers License Employ
The village, in compliance with the U.S. Department of Transportation Federal
Highway Administration's published regulations (Title 49CFR as >amom
implementing the Omnibus Transportation Employee testing Act of 1991, shall
maintain policies and procedures for Testing Commercial Drivers License (CDL)
holders for the misuse of alcohol and controlled substances. The purpose of these
policies and procedures is to prevent accidents and injuries. Copies of the Village of
Buffalo Grove Alcohol and Drug Testing Policy for Commercial Drivers License
Employees will be made available to CDL holders.
VILLAGE OF BUFFALO GROVE
Alcohol and Drug Testing Policy for
Commercial Drivers License Employees
TABLE OF CONTENTS
1.0 Purpose and Overview ......... ............................... 1
2.0 Definitions .................. ............................... 1
3.0 Prohibited Drug and alcohol Use and Activities ................... 3
4.0 Tests Required ............... ............................... 4
4.2 Pre - employment .... ............................... 4
4.3 Post - accident testing ............................... 5
4.4 Random testing .... ............................... 6
4.5 Reasonable suspicion testing .......................... 7
4.6 Return-to -duty testing ............................... 8
4.7 Follow -up testing .... ............................... 8
5.0 Testing Methodology and Integrity .............................. 9
5.3 For all drug tests .... ............................... 10
5.4 For all alcohol tests .. ............................... 11
6.0 Consequences for Positive Tests Results
6.1 For drug tests ........... .............................12
6.2 For alcohol tests ......... .............................12
7.0 Maintaining Contact With the Village
and MRO After a Drug Test ................................... 13
8.0 Drug and Alcohol Information .... ............................... 14
9.0 Payments of Tests ................ .............................14
10.0 Employee Assistance Program .... ............................... 14
11.0 Questions ........................... .............................15
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VILLAGE OF BUFFALO GROVE
Alcohol and Drug Testing Policy for
Commercial Drivers License Employees
1.0 Purpose and Overview
1.1 The purpose of this policy is to prevent accidents and injuries resulting from
the misuse of alcohol and/or substance abuse by drivers of commercial motor
vehicles. This policy is intended to comply with the U.S. Department of
Transportation Federal Highway Administration's published regulations (Title
49CFR as amended) implementing the Omnibus Transportation Employee
Testing Act of 1991. Those rules require the Village to test Commercial
Driver's License (CDLs) holders for the misuse of alcohol and controlled
substances.
1.2 It is the Village's intention to comply fully with the regulations governing
drug and alcohol use and testing. In the event the regulations are amended,
this Policy shall be deemed to have been amended automatically at that time.
1.3 Nothing in this Policy precludes the Village from establishing rules,
regulations, policies and /or procedures that do not conflict with the specific
requirements of Title 49 CFR as amended.
1.4 Under the Village's Policy, drug testing will be conducted on any current
and/or prospective employee who may be required to possess a CDL. Alcohol
testing will be conducted on current employees required to possess a CDL.
1.5 All applicants for positions with the Village that require a CDL will be
notified of the Village's Policy if they are interviewed for a position with the
Village.
2.0 Definitions
2.1 "Safety" - Sensitive Function" shall mean any of the following:
A. Driving;
B. The time spent waiting to be dispatched from the Village yard or
facility;
C. Inspecting, servicing or conditioning equipment;
D. Being in or on a motor vehicle;
E. Loading or unloading, including supervision or assisting in loading or
unloading, attending a vehicle being loaded or unloading, remaining in
readiness to operate the vehicle; giving or receiving receipts for a
shipment being loaded or unloaded;
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F. Securing the vehicle and taking all of the other precautionary measures
required by federal regulations following an accident; or
G. Repairing, obtaining assistance or attending a disabled vehicle.
2.2 "Alcohol" includes any distilled spirits, wine, malt beverages or other
intoxicating liquors.
2.3 "Village business" shall mean, but is not limited to, work performed on or in
Village property including a Village vehicle, and work performed on or in a
non - Village vehicle being used for conducting Village business; the term also
includes meal and break times.
2.4 "Refusing to be tested" shall mean any of the following:
A. Failing to provide an adequate urine specimen for a drug test without a
valid medical explanation;
B. Failing to provide adequate breath for an alcohol test without a valid
medical explanation;
C. Failing to submit to a test as directed; or
D. Engaging in any conduct which clearly obstructs the testing process;
E. Failure to submit to a retest as required;
F. Fail to permit direct observation or monitoring of your provision of a
specimen, when required: or
G. The MRO reports that you have a verified adulterated or substituted
test result.
2.5 "Positive." An alcohol test will be considered "positive" when the alcohol
concentration level registers 0.02 or greater.
2.6 "Public Interest Exclusions (PIE)" shall mean persons and organizations that
provide drug and alcohol testing services including consortia and third party
administrators.
2.6.1 "Medical Review Officer (MRO)" shall mean the Village's current
medical provider.
2.6.2 "Breath Alcohol Technician (BAT)" shall mean a person who is
qualified to conduct an alcohol test using an Evidential Breath Testing
(EBT) device.
2.6.3 "Service Agents" shall mean Sample Collectors, Medical Review
Officers (MRO's), Breath Alcohol Technicians (BAT'S), Laboratories,
Substance Abuse Professionals (SAP's), and Consortium or Third
Party Administrators (C /TPA's).
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2.7 "Driver" shall mean any employee of the village who is required by the
Village to hold a commercial driver's license (CDL) and is qualified to
operate a commercial motor vehicle (gross vehicle weight rate of over 26,001
pounds).
2.9 "Impairment" means a condition caused by prohibited drug and/or alcohol use
and activities described in Section 3.0 of this policy.
3.0 Prohibited Drug and alcohol Use and Activities.
3.1 Drug Prohibitions for CDL Drivers. A CDL driver shall not operate a
Village commercial motor vehicle or perform a related safety- sensitive
function if the employee has engaged in any of the following prohibited drug
activities:
A. Being a current user of any unauthorized Section 1 drugs (from the
Schedule of Controlled Substances of the Drug Enforcement
Administration), or amphetamines, narcotics, opiates, hallucinogenic
substance, depressants, stimulants; or other habit forming drug while
on or off duty.
B. Reporting for duty while impaired from any prescribed therapeutic
drug or controlled substance usage;
C. Being in possession of any unauthorized controlled substance;
D. Using a legally prescribed controlled substance without,
1. Inquiring of the treating physician and being advised that the
prescribed substance does not adversely affect the driver's
ability to safely operate a commercial motor vehicle, and
2, Notifying a supervisor of the use of any prescribed therapeutic
drug being used, its effects and the prescribed duration of such
use.
3.2 Prohibited Alcohol - Related Conduct for CDL Drivers. A CDL driver shall
not operate a Village commercial motor vehicle or perform a related safety -
sensitive function if the employee has engaged in any form of alcohol- related
conduct listed below:
A. Using alcohol on the job.
B. Being in possession of alcohol while on duty or operating a
commercial motor vehicle.
C. Having a prohibited blood alcohol concentration while performing a
safety- sensitive function.
D. Having used alcohol during the four (4) hours before going on duty.
E. Using alcohol within eight (8) hours following an accident requiring a
breath - alcohol test or until tested.
F. Refusing to submit to a required alcohol test.
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4.0 Tests Required.
4.1 In general: the Village is required to conduct tests under the following
conditions or times:
A. Before a driver- applicant is hired ( "pre - employment ");
B. For reasonable suspicion;
C. Following certain accidents ( "post- accident" testing);
D. On a random basis.
In addition, the Village is required to conduct a "return to duty" test on any
driver who violates an act prohibited by Section 3.0 of this Policy, as one
condition of being able to return to work. The Village is also required to
conduct unannounced tests on a driver who is determined to have a drug or
alcohol related problem as one condition of that driver continuing to work for
the Village. The Village's procedures and requirements for each test are
discussed below.
4.2 Pre - employment testing.
4.2.1 This test is required before any applicant for a position that requires a
CDL will be hired. For purposes of the Village's policy concerning
pre-employment _ testing procedures, applicants and existing workers
who are applying for a position that requires a CDL are collectively
referred to in Section 4.2 as "applicants."
4.2.2 Prior to taking a pre - employment drug test, the applicant will be given
a Pre - Employment Drug Test Consent Form notifying the applicant to
report for a drug test.
4.2.3 All offers by the Village to hire an applicant for a position that
requires a CDL, or to assign or transfer an applicant to a driver
position, are conditioned upon the applicant:
A. Completing the Village's Pre- EmploMent Drug Test Consent
Form;
B. Taking a drug test as directed by the Village and passing both
tests;
C. Passing the required physical exam required for driver
positions;
D. Authorizing the Village to obtain past drug test results;
E. Complying with any other conditions or requirements of which
the Village advises the applicant at the time of the offer.
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4.2.4 Any applicant who refuses or fails to complete the Village's Pre -
Employment Drug Test Consent Form or fails to submit to a pre-
employment drug test as directed, or whose result is positive for the
test, will not be considered eligible to work for the Village. Existing
workers who test positive will not be considered qualified for the
position for which they are applying and will also be subject to Village
discipline, up to and including immediate discharge.
4.2.5 A new applicant will only be notified of the results of their test if they
present a written request to the Village for his/her results within sixty
(60) days of being notified by the Village of its hiring decision.
4.3 Post - accident testing.
4.3.1 A driver who is performing a safety - sensitive function must submit to
a post- accident drug and a post- accident alcohol test as soon as
possible after the occurrence of any accident that meets the description
of Section 4.3.2, or 4.3.3 of this Policy.
4.3.2 A driver must submit to a post- accident test as soon as possible after
an accident, which involves the death of a human being.
4.3.3 A driver must submit to a post- accident test as soon as possible after
an accident when the driver received a citation for a moving traffic
violation arising out of the accident.
4.3.4 Alcohol Test. Whenever a driver is involved in an accident, the driver
is required to immediately report for a test. If a required post- accident
alcohol test is not administered within 2 hours following the accident,
the Village must prepare and maintain a record stating the reason the
test was not promptly administered. If after 8 hours following the
accident the alcohol test still has not been conducted there shall be no
further attempts to administer the test and a complete record made of
why it was not accomplished. The driver required to be tested is
prohibited from consuming any alcohol for at least 8 hours following
an accident or until after the breath alcohol test.
Drug Test. A required post- accident drug test shall be conducted
within 32 hours after the accident. If the drug test is not administered
within this time limit the Village shall prepare and maintain on file a
record stating the reasons the test was not completed.
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4.3.5 In the event a driver tests positive for alcohol, the Village will attempt
to contact the driver's spouse, family member, or another person
designated by the driver, in order to make arrangements for
transporting the driver to his /her home. In the event the Village is
unable to contact the driver's spouse, family member or another
designated person, the Village will make arrangements for transporting
the driver home by cab or other suitable means.
4.3.6 If the driver rejects the Village's efforts in this regard and instead
insists on driving his/her personal vehicle, the Village reserves the
right to take whatever means are appropriate to prevent this, including
contacting appropriate law enforcement personnel and imposing
disciplinary action, up to and including discharge.
4.3.7 A driver who is required to take a post - accident drug and/or alcohol
test will, at the Village's discretion, either be assigned to a non safety -
sensitive function, or placed on non - disciplinary suspension with pay,
while awaiting the post- accident test results.
4.3.8 In addition to the penalties imposed by DOT (discussed in Section
6.1.3, 6.2.3, and 6.2.4 of this Policy), a driver who tests positive for
drugs and/or alcohol who refuses or fails to submit to a post- accident
drug and alcohol test as required, who unnecessarily delays reporting
to the test site following an accident, or who otherwise fails to comply
with the Village's post- accident testing procedures, will be subject to
disciplinary action, up to and including immediate discharge.
4.4 Random Testing.
4.4.1 The Village is required to test drivers on a random basis. All such
tests will be unannounced. The village is required to randomly select
an annual minimum of 10% of drivers for alcohol testing and 50% for
drug testing.
4.4.2 Under the random selection process, every driver will have an equal
chance of being selected each and every time the selection is
conducted and could result in a driver being selected more than one
time in the annual testing cycle. Appropriate safeguards are also
present to ensure that the identity of individual drivers cannot be
determined prior to or at the time of their selection.
4.4.3 Whenever a driver is randomly selected to be tested, he /she will be
notified of this in writing and instructed to report to the collection site
immediately.
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4.4.4 A driver who tests positive or who refuses to submit to a test shall be
deemed to be medically unqualified to drive and/or perform any other
safety- sensitive function.
4.4.5 In regards to the providing of transport for an employee in the event of
a positive test for alcohol, the provisions of 4.3.5 and 4.3.6 will apply.
4.4.6 In addition to the penalties imposed by DOT (discussed in Section
6.1.3, 6.2.3 and 6.2.4 of the Policy), a driver who refuses to submit to a
random test, who fails to report for the test as directed, or who tests
positive will be subject to disciplinary action, up to and including
immediate discharge.
4.5 Reasonable suspicion testing.
4.5.1 Each driver is required to submit to a drug and/or alcohol test
whenever the Village has reasonable suspicion to believe that the
driver has used drugs and/or alcohol in violation of this Policy.
4.5.2 Reasonable suspicion will exist when a driver's appearance, behavior,
speech or body odors indicate drug or alcohol use, or the chronic and.
withdrawal effects of drugs. Such observations must be personally
observed and documented by 'a Supervisor or other Village
management official who has received training covering the physical,
behavioral, speech and performance indicators of probable drug and
alcohol use.
4.5.3 Whenever a driver is notified that there is reasonable suspicion to be
tested, the driver will be expected to report to the test site immediately
to be tested.
4.5.4 Drivers who are required to submit to a reasonable suspicion test will
be escorted by a person designated by Village management to the
appropriate specimen site for a drug and alcohol test.
4.5.5 In regards to the providing of transport for an employee in the event of
a positive test for alcohol, the provisions of 4.3.5 and 4.3.6 will apply.
4.5.6 A driver who is required to take a reasonable suspicion test will be
removed from duty with pay, pending the results of he/her test. A
driver whose test results are positive will be docked wages for the time
of the suspension.
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4.5.7 In addition to the penalties imposed by DOT (discussed in Section
6.1.3, 6.2.3 and 6.2.4 of this Policy), a driver whose reasonable
suspicion is positive, or who fails or refuses to submit to a reasonable
suspicion test when directed to do so by the Village, will be subject to
disciplinary action, up to and including immediate discharge.
4.6 Return -to -duty testing.
4.6.1 The Village is not obligated, and by the inclusion of this provision in
this Policy does not undertake or commit to any obligation under this
Policy, to reinstate or rehire any driver who violates any DOT or
Village prohibition or requirement concerning drugs and alcohol.
4.6.2 Should the Village elect to consider reinstating or rehiring a driver
who violates any requirement of this Policy that driver will be required
to submit to and pass a drug and alcohol test before being permitted to
return to duty.
4.6.3 Before being permitted to return to duty; the driver must also execute a
"last chance" agreement, be evaluated by a Substance Abuse
Professional (SAP) and submit any follow -up testing which the SAP
and the Village determines is required.
4.6.4 In addition to the penalties imposed by DOT (discussed in Section
6.1.3, 6.2.3 and 6.2.4 of this Policy), any driver who refuses to submit
to a return to duty test, who refuses to execute the Village's last -
chance agreement, or who tests positive will be considered unqualified
to perform a safety - sensitive function and immediately discharged.
4.7 Follow -up testing.
4.7.1 The Village is not obligated, and by the inclusion of this provision in
this Policy does not undertake or commit to an obligation under this
Policy, to reinstate or rehire any driver who violates any requirement
of this Policy.
4.7.2 Any driver who is determined to have a drug or alcohol - related
problem by a SAP is required to submit to unannounced follow -up
testing as one condition of being reinstated, rehired, or otherwise
permitted to return to duty after violating any requirement of this
Policy.
4.7.3 At a minimum, the driver will be required to submit to at least six (6)
tests during the first 12 months following the driver's return to duty.
All such tests will be conducted at random and without prior notice
being given to the driver.
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4.7.4 In addition to the penalties imposed by DOT (discussed in Section
6.1.3, 6.2.3, and 6.2.4 of this Policy), a driver who tests positive, or
who refuses to be tested, will be considered unqualified to perform a
safety - sensitive function, immediately suspended without pay, and
subject to other Village discipline, up to and including immediate
discharge.
5.0 Testing Methodology and Integrity
5.1 To ensure the integrity and accuracy of each test, all specimen collection,
analysis and laboratory procedures shall be conducted in accordance with
DOT's procedural protocols and safeguards as set forth in the Code of Federal
Regulations. This includes, among other things:
A. Procedures to ensure the correct identity of each driver at the time of
testing;
B. A strict chain -of- custody procedure to ensure that the driver's
specimen is not tampered with;
C. The use of a trained breath alcohol technician (BAT) and DOT -
approved testing devices for conducting alcohol tests;
D. The use of a laboratory which has been certified by the National
Institute for Drug Abuse (NIDA);
E. The confirmation of an initial positive drug screen by a second
analysis using gas chromatography /mass spectrometry (GCMS);
F. The confirmation of an initial positive drug screen by a second
analysis; and
G. The appointment of a qualified Medical Review Officer (MRO) to
review drug tests results before they are reported to the Village's
designated representative.
5.2 To further facilitate the integrity and accuracy of each test, drivers will be
provided with written and/or oral instructions regarding the conduct of the
specific test before each testing event. The Village considers all such
instructions to be a part of this Policy. Drivers who refuse or otherwise fail to
comply with all such instructions will be subject to disciplinary action, up to
and including immediate discharge.
5.3 For all drug tests
5.3.1 All drug tests conducted under this Policy require that the driver must
provide a specimen of his/her urine.
5.3.2 At a minimum, urine specimens will be analyzed for the presence of
the following drugs: (1) marijuana; (2) cocaine; (3) opiates;
(4) amphetamines; and (5) phencyclidine. Specimens will also be
analyzed for such other substances as may be required from time to
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time, or as may otherwise be permitted by federal or state law. In the
event that DOT expands the list of drugs for which testing is or may be
required, the Village reserves the right to begin testing immediately for
those drugs without prior notice to drivers or applicants, unless notice
is required by DOT or another applicable law.
5.3.3 In general, drivers will be permitted to give a urine specimen in
privacy and without being observed by collection site personnel.
However, a driver forfeits this right whenever there is reason to
believe that he /she may alter or substitute a specimen.
5.3.4 All drug tests will be administered using the split sample methodology
required by DOT. Under this methodology, the driver must provide at
least 45 milliliters (ml) in a specimen container.
The specimen will then be divided into two specimen bottles by the
collector. Thirty (30) ml will be poured into one bottle and fifteen (15)
ml into the second bottle. Both bottles will be sent to the laboratory.
The bottle containing 30 ml will be analyzed as the driver's primary
specimen. The second bottle will be held by the laboratory, to be sent
to another lab at the driver's request in the event that the primary
specimen is verified as positive. In the event the primary specimen is
verified as positive, the driver will be notified by the Village of the
positive test and given the option to have the second bottle sent to the
different laboratory for analysis. To exercise this option, the driver
must advise the Village within 72 hours of being told that the primary.
specimen was positive.
5.3.5 Except for the use of methadone and medications containing alcohol,
nothing in this Policy prohibits a driver's use of a medication legally
prescribed by a licenses physician; (i) who is familiar with the driver's
medical history and specific safety- sensitive duties, and (ii) who has
advised the driver that the prescribed medication will not adversely
affect the driver's ability to operate a motor vehicle safely.
Medications prescribed for someone other than the driver, however,
will not be considered lawfully used when taken by the driver under
any circumstances.
5.3.6 Before being tested for drugs, drivers will be given an opportunity to
list, on their copy of the chain -of- custody form, any prescription and
non - prescription medications being lawfully used by that driver at the
time. A "positive" drug test may be declared "negative" by the
Village's MRO, if the driver can prove with clear and convincing
evidence that the drug which was used was prescribed by a licensed
physician who is familiar with the driver's medical history and specific
duties. The determination of this will be made by the Village's MRO
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5.3.7 A "Negative- Dilute specimen means that no drug was found in the
specimen. However, the urine was found to be Dilute (Creatinine
between 5 and 20 and Specific Gravity between 1.001 and 1.003). The
Village may accept the test as negative or may require the driver to
retest. If the driver is required to retest and the result of the retest is
Negative - Dilute again the Village must accept the result of the retest.
5.3.8 An Invalid test is one that the laboratory could not perform because of
a possible interfering substance. If there is a medical explanation for
the invalid test such as a legal prescription, the test will be canceled
and no retesting will be required. If there is no medical explanation,
immediate retesting under direct observation will be required.
5.4 For all alcohol tests
5.4.1 All alcohol tests conducted under this Policy require that the driver
must provide a breath specimen for any test conducted by, or on behalf
of, the Village. In case of an alcohol test conducted by a federal, state
or local law enforcement officer following an accident, the driver must
provide either a breath or blood specimen, as directed by the law
enforcement officer.
5.4.2 Alcohol tests will be administered using a breath specimen, taken by a
breath alcohol technician (BAT) using an approved breath testing
device (EBT), except in cases of on -scene post- accident testing
conducted by federal, state, or local officials.
5.4.3 Before being tested, each driver will be required to (i) present his /her
personal identification, and (ii) complete a "Breath Alcohol Test
Form" provided by the BAT. A driver who refuses to provide his/her
identification, provides a false identification, refuses to complete a
"Breath Alcohol Test Form ", or who otherwise refuses or fails to
cooperate will be treated as though he /she had tested positive and will
be subject to disciplinary action, up to and including immediate
discharge, in addition to the penalties imposed by DOT.
5.4.4 Prior to each alcohol breath test conducted by the Village, the BAT
will instruct the driver on how the test will performed.
5.4.5 To protect each driver, the BAT will open and attach to the testing
device an individually sealed mouthpiece in the driver's view. The
driver will then be directed to blow forcefully into the breath testing
device until an adequate amount of breath has been maintained.
5.4.6 In the event that a driver is unable to provide an adequate amount of
breath for the initial or confirmatory test after several attempts to do
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so, the driver will be required to submit to an evaluation by a licensed
medical physician to determine whether a valid medical condition
exists. If the physician determines that a valid medical condition does
exist, the test result will be reported to the Village as "negative ". If the
physician determines that a valid medical condition does not exist, the
test result will be reported to the Village as a "confirmed positive ".
6.0 Consequence for a Driver with a Positive Test Result
6.1 For drug tests
6.1.1 In the event that the test result of a driver's primary specimen is
positive, the driver will be notified by the Village and advised that
he /she has 72 hours to request the MRO send his/her secondary
specimen to a second, Village- approved laboratory for analysis.
Pending the outcome of this additional analysis, the driver will
continue being considered physically unqualified to work by DOT.
6.1.2 Before a driver's test result will be confirmed positive for drugs, the
driver will be given the opportunity to speak with the Village's MRO
and demonstrate that there was a legitimate medical explanation for
the positive test result. If the MRO determines that a legitimate
medical reason does exist, the test result will be reported to the village
as "negative." If the MRO determines. that a legitimate medical reason
does not exist, the test result will be reported to the Village as a
"confirmed positive
6.1.3 Except as provided in Section 4.2.4 of this Policy (concerning prep -
employment), a driver whose test result is confirmed positive for drugs
will be considered unqualified to perform or continue performing
his /her functions safely and may be immediately discharged. In
addition a driver whose test result is confirmed positive for drugs will
also be subject to civil and criminal penalties imposed by DOT.
6.2 For alcohol tests
6.2.1 In the event that the driver provides an adequate breath specimen and
the initial test registers an alcohol concentration level that is less than
0.02, the test result will be reported as a "negative" and no additional
test will be required at that time.
6.2.2 In the event that the driver provides an adequate breath specimen and
the initial test registers an alcohol concentration level of 0.02 or
greater, a second, confirmatory test will be performed. In the event
that the driver provides an adequate breath specimen and the
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confirmatory test registers less than 0.02, the test result will be
reported to the Village as "negative."
6.2.3 No driver whose confirmatory test registers 0.02 or more but less than
0.04 may perform or continue to perform any safety - sensitive function
until the driver's next regularly - scheduled duty period, but for no less
than 24 hours. Except as provided in Section 4.2.4 of this Policy
(concerning pre - employment tests), a driver who, after providing an
adequate breath specimen, has a confirmatory test which registers 0.02
or more but less than 0.04 will be subject to disciplinary actions as
outlined in Section 16.05 of the Village's Personnel Rules. Depending
on the circumstances of the case and the history of the employee
concerned, he /she may be subject to disciplinary action by the Village
up to and including immediate discharge.
6.2.4 A driver who, after providing an adequate breath specimen, has a
confirmatory test which registers 0.04 or greater will, at a minimum be
suspended without pay until his/her next regularly - scheduled duty
period, but for no less than 24 hours, and will be subject to additional
disciplinary action by the Village up to and including discharge.
7.0 Maintaining Contact with the Village and MRO after a Drug Test
7.1 Drivers who are tested for drugs are required to remain in contact with the
Village and the Village's MRO while awaiting the results of their tests.
Drivers are also required to advise the Village of the whereabouts and the
telephone number where they can be reached during this time.
7.2 The Village may contract with a consortia or third party administrator
(C /TPA) to provide employee selection, sample collection, analysis and MRO
services.
7.3 A driver who refuses or fails to remain in contact with the Village and the
MRO will be considered insubordinate and subject to disciplinary action, as
described in the Village's Personnel Rules Section 16.05. In addition, a driver
who fails to remain in contact may waive his/her right, under Section 6.1.2 of
this Policy, to speak with the Village's MRO before a test is confirmed
positive.
8 Drug and Alcohol Information
8.3 The Village is required to provide educational materials for all drivers,
explaining the Village's policies and procedures to meet those requirements.
In addition to this Policy, the Village will provide drivers with information
concerning:
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A. The effects of drugs and alcohol on an individual's health, work, and
personal life; and
B. The signs and symptoms of a drug or alcohol problem.
8.4 Each driver is required to certify that he /she has been given a copy of this
Policy in accordance with paragraph 8.1 of this Policy. In accordance with
paragraph 4.2.3 of this Policy, applicants are required to execute the
certification as a condition of being hired. An application who refuses to do
so will not be hired.
Existing drivers who refuse to execute this required certification will be
subject to discipline.
9 Payment of Tests
9.3 The Village shall pay the costs for all tests, which the Village is required to
conduct on drivers under DOT regulations.
9.4 Drivers are responsible for paying the costs for any test or tests conducted
which the Village does not require, unless otherwise prohibited by the
applicable state law.
9.5 Drivers are responsible for paying the costs of the analysis of any secondary
urine specimen, which they request, under Section 6.1.1 of this Policy, except
as otherwise required by applicable state law.
10 Employee Assistance Program (EAP)
The Village provides an Employee Assistance Program (EAP) for help with alcohol,
drug or other substance abuse programs. An employee may access the EAP through a
self - referral, which is self - initiated and fully confidential or through a supervisory -
referral following consultation with a supervisor. The Village will provide initial
training on the effects of alcohol or controlled substance use on the individuals health,
work and personal life, signs and symptoms of such use and available assistance for
such problems. All drivers subject to this Policy will be provided with information
concerning the resources available to evaluate and resolve a drug or alcohol problem
and the addresses and telephone numbers of the Village EAP.
11.0 Questions
All questions concerning the educational materials provided by the Village, or about
this Policy, should be directed to the Superintendent of Public Works or the Director
of Human Resources.
03/25/1996
Amended: 11/03/2003
14
Driver's Acknowledgement — Receipt of
Village of Buffalo Grove
Alcohol and Drug Testing Policy for
Commercial Drivers License Employees
The U.S. Department of Transportation requires the Village of Buffalo Grove to provide all
Village commercial driver license (CDL) holders with educational materials regarding drug
and alcohol use and abuse. This form acknowledges receipt of the required materials. The
Department of Transportation requires each driver to certify receipt of educational materials.
The original of this form will be retained by the Village with other Village records
maintained on the Alcohol and Drug Testing Program. Drivers may request a copy of this
certification.
The following items constitute the educational materials provided:
➢ Village of Buffalo Grove Alcohol and Drug Testing Policy for Commercial Drivers
License Employees
➢ Business card of the Village's Employee Assistance Program (EAP) provider
The undersigned hereby certified that he /she received the educational materials which the
Village of Buffalo Grove is required to provide me in accordance with 49 C.F.R. Section
382.601. I acknowledge and agree that I am responsible for reading, understanding and
obeying all Village policies and DOT regulations regarding alcohol and drug use testing. I
also understand that, because changes in the governing federal law or regulations that may
occur from time to time, terms and conditions of the Village's policy may also change
without the Village being able to give me prior notice. I agree to comply with the DOT's
regulations and the Village policies implementing required drug and alcohol testing. I further
understand and agree that I may be subject to disciplinary action and other liability for
violating DOT's regulations and/or the Village's policy. I have been advised any questions
in regard to this material should be addressed to the Superintendent of Public Works or the
Director of Human Resources.
Prior to signing this acknowledgement, I have read it carefully and have had an opportunity
to ask questions regarding its content.
Driver
Name Printed
03/25/1996
Amended: 11/03/2003
Social Security Number
Date
I,
VILLAGE OF BUFFALO GROVE
PRE- EMPLOYMENT DRUG TEST CONSENT FORM
AND TEST RESULTS RELEASE AUTHORIZATION
, hereby give my full consent to submit to a drug test in
(Applicant's Name)
accordance with the requirement of the Federal Motor Carrier Safety Regulations, Title 49
C.F.R. Part 40 as amended, and the Village of Buffalo Grove's Alcohol and Drug Testing
Policy.
I understand that all prospective employees required to have a commercial drivers license
(CDL) must submit to a drug test and that a urine sample will be collected and tested for
controlled substances.
I give my full consent to the release of my drug test results to the authorized Medical Review
Officer, who will then release results to the Village of Buffalo Grove. I also authorize the
release of my past two years of drug test results to the Village of Buffalo Grove.
I agree that if I test positive for use of controlled substances, do not pass my physical
examination or do not sign this written authorization for the release of my past two years of
drug test results. I will not be further considered for employment.
Agreed to
Date
Applicant's Signature
Social Security Number
Print Applicant's Name Home Phone Number
Witness Signature
03/25/1996
Amended: 11/03/2003
2
Date
9
Exhibit A
Section 17.02 — On- the -Job Safety
D. Alcohol and Drug Testing Policy for Commercial Drivers License Employees
The village, in compliance with the U.S. Department of Transportation Federal Highway
Administration's published regulations (Title 49CFR as amended) implementing the
Omnibus Transportation Employee testing Act of 1991, shall maintain policies and
procedures for Testing Commercial Drivers License (CDL) holders for the misuse of alcohol
and controlled substances. The purpose of these policies and procedures is to prevent
accidents and injuries. Copies of the Village of Buffalo Grove Alcohol and Drug Testing
Policy for Commercial Drivers License Employees will be made available to CDL holders.
(Amended: 11/03/2003)