1996-28s �
RESOLUTION NO. 96- 28
AMENDING PERSONNEL RULES FOR
THE VILLAGE OF BUFFALO GROVE
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
and 1993, and,
WHEREAS, in order to reflect current trends in personnel administration, occasional
amendments to the Personnel Rules are necessary.
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.
A YES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NA YES: 0 - None ABSENT. • 0 - None
PASSED: April 15, 1996
APPROVED: April 15, 1996
APPRO
SIDNEY . MATHIAS
Village President
A TTEST.•
Village Clerk
Exhibit A
Section 17.02 - On- the -Job Safety
D. Alcohol and Drug Testing esting 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) 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 BUFFAL O GROVE
Alcohol and Drug Testing Policy for
Commercial Drivers License Employees
January 25, 1996
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 testing ..................... 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 .......................... 9
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 ......................... 13
7.0 Maintaining Contact With the Village
and MRO After a Drug Test ..................... 14
8.0 Drug and Alcohol Information .................. 14
9.0 Payments of Tests ........................... 15
10.0 Employee Assistance Program ................... 15
11.0 Questions .. ............................... 15
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) 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.
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;
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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 unloaded,
remaining in readiness to operate the vehicle; giving or receiving
receipts for a shipment being loaded or unloaded;
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.
2.5 "Positive." An alcohol test will be considered "positive" when the
alcohol concentration level registers 0.02 or greater.
2.6 "Medical Review Office (MRO)" shall mean the Village's current medical
provider.
2.7 "Breath Alcohol Technician (BAT)" shall mean a person who is qualified
to conduct an alcohol test using an Evidential Breath Testing (EBT)
device.
2.8 "Driver" shall mean any employee of the Village who is required by the
Village to hold a commercial driver's license (CDQ and is qualified to
operate a commercial motor vehicle (gross vehicle weight rate of over
26,001 pounds).
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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 substances, 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, identifying the 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,
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HUI
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.
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 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 - Employment Drug Test
Consent Form;
B. taking a drug test as directed by the Village and passing
both tests;
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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.
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 receives 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
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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.
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
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select an annual minimum of 25% 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.
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.
VA
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 his /her test.
A driver whose test results are positive will be docked wages for
the time of the suspension.
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 and submit any follow -up testing which the
substance abuse professional and the Village determines is
required.
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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- change 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 substance abuse professional 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.
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 Federal
Code of 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;
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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 Office (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 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.
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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 licensed 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 that 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.
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.
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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 (1) 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 be 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 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.
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Pending the outcome of this addition 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 pre-
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 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
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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 Vi/ /age 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 their whereabouts
and the telephone number where they can be reached during this time.
7.2 The Village's MRO is: Substance Abuse Management, Inc. (414 -273-
7254).
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.
8.0 Drug and Alcohol Information
8.1 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:
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.
8.2 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 applicant who refuses to
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do so will not be hired. Existing drivers who refuse to execute this
required certification will be subject to discipline.
9.0 Payment of Tests
9.1 The Village shall pay the costs for all tests which the Village is required
to conduct on drivers under DOT regulations.
9.2 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.
9.3 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.
10.0 Employee Assistance Program (EAP)
The Village provides an Employee Assistance Program (EAP) for help with
alcohol, drug or other substance abuse problems. 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 Assistant Village Manager
3/25/96
15
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:
► Federal Highway Administration "Alcohol and Drug Rules - An Overview"
(February 1994)
► 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 certifies 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. 1 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's 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 Assistant Village Manager.
Prior to signing this acknowledgement, I have read it carefully and have had an
opportunity to ask questions regarding its content.
Driver
Name printed
Social Security Number
Date
VILLAGE OF BUFFALO GROVE
PRE- EMPLOYMENT DRUG TEST CONSENT FORM
AND TEST RESULTS RELEASE AUTHORIZATION
1, , hereby give my full consent to submit to a
(Applicant's Name)
drug test in accordance with the requirements of the Federal Motor Carrier Safety
Regulations, Title 49 C.F.R. Part 40, 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 (CDQ 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
by
Applicant's Signature
Social Security Number
Print Applicant's Name Home Phone Number
Witness Signature
1/25/96
Date