4.12 4.12
RESOLUTIONS\Substance Free Policy—Amend—11-16-15
RESOLUTION REVISING TOWN OF QUEENSBURY SUBSTANCE-FREE
WORK PLACE AND SUBSTANCE TESTING POLICIES
RESOLUTION NO.: ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 673, 95, the Queensbury Town Board adopted Substance-
Free Workplace and Substance Testing Policies (Policies) for Town employees, and by Resolution
No.: 188.1998, revised such Policies, and
WHEREAS, such Policies contain certain outdated information and therefore the Town Board
wishes to update and amend its Policies as presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the amendment of the
Town's Substance-Free Workplace and Substance Testing Policies in substantially the form presented
at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's
Office to distribute this Resolution and amended Policies to all Town employees and to the Glens Falls
Hospital — Center for Occupational Health (Center), the facility which performs the drug and alcohol
testing for the Town of Queensbury, and take such other and further action necessary to effectuate the
terms of this Resolution and Policies.
Duly adopted this 16'h day of November, 2015 by the following vote:
AYES
NOES
ABSENT :
Town of Queensbury Substance-Free Workplace a
and Substance Testing Policies
TABLE OF CONTENTS
CHAPTER 1—Introduction 3
CHAPTER 2—Definitions 5
CHAPTER 3—Substance-Free Workplace Policy 9
Policy Statement 9
Prohibited Activities and Consequences 9
Designated Employee Representative 13
The Drug-Free Workplace Act of 1988 14
Notification to Applicants 14
Notification to Employees 15
Employment Non-Discrimination Policy 15
CHAPTER 4—Substance Testing Policy 16
Policy Statement 16
Employees Covered by the Town of Queensbury's Substance Testing
Policy 16
Substance Testing Policy Compliance 16
Drug and Alcohol Testing and Paid Time 17
Types of Drug Tests and Associated Cost Responsibilities 17
Collection Site Guidelines 20
Substances for which Tests are Administered 21
Medical Review Officer(MRO) 21
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Town of Queensbury Substance-Free Workplace
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Test Results and Disciplinary Action 21
Confidentiality 23
Notification Requirements 23
Education and Training 24
Split Specimen 24
CHAPTER 5- Record Keeping and Reporting Requirements 25
Record Retention 25
Reporting of Results in a Management Information System 26
Record Keeping Requirements 26
CHAPTER 6—Substance Testing Service 27
CHAPTER 7—Employee Assistance Program 28
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Town of Queensbury Substance-Free Workplace I
and Substance Testing Policies
CHAPTER 1 — INTRODUCTION
The following is the Town of Queensbury's program on the use of alcohol and controlled
substances in the workplace and testing for such substances.
This program is comprised of two components:
➢ Substance-Free Workplace Policy
➢ Substance Testing Policy
Substance-Free Workplace Policy
The Substance-Free Workplace Policy pertains to all commercially licensed drivers who are
employed by the Town of Queensbury and to all Town employees who are involved in an
accident while driving a Town vehicle. It is important that these employees understand that
the Town of Queensbury will not tolerate driver use of drugs and alcohol in the workplace, or as
it affects the workplace.
A substance-Free Workplace Policy is required for those organizations that must be in compliance with
the Omnibus Transportation Employee Testing Act of 1991(Employers with fifty(50)or less
commercially licensed drivers were required to implement alcohol and drug testing effective January 1,
1996). This Substance-Free Workplace Policy is the Town of Queensbury's policy.
Substance Testing Policy
The Substance Testing Policy pertains to the commercially licensed drivers of the Town of
Queensbury and to all Town employees who are involved in an accident while driving a Town
vehicle.
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Town of Queensbury Substance-Free Workplace
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Policy Development
The Substance Testing Policy for the Town of Queensbury has been developed in light of the
guidelines on Controlled Substance and Alcohol Use and Testing,49 CFR Parts 40, 382, and 391
pursuant to the Omnibus Transportation Employee Testing Act of 1991, as outlined by the
Department of Transportation. It has been developed in good faith, in conformity, and in
reliance upon the available information.
QUESTIONS?
Questions regarding the Town of Queensbury's Substance-Free Workplace Policy and
Substance Testing Policy should be directed to the Town of Queensbury's Executive Assistant,
who is the Designated Employee Representative (DER), located at the Town Supervisor's office
at (518) 761-8229.
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Town of Queensbury Substance-Free Workplace � ,
and Substance Testing Policies
CHAPTER 2 - DEFINITIONS
For purposes of clarity and understanding,the following definitions apply to the Town of
Queensbury's Substance-Free Workplace Policy and Substance Testing Policy.
• Alcohol—To include the intoxicating agent in beverage alcohol, ethyl alcohol, or other
low molecular weight alcohols including methyl and isopropyl alcohol.
• Aliquot—A portion of a urine specimen used for testing.
• Breath Alcohol Technician (BAT)—An individual who instructs and assists individuals in
the alcohol testing process and who operates an Evidential Breath Testing Device (EBT).
A BAT must complete a course of instruction for operation of an Evidential Breath
Testing Device(EBT) as developed by the Department of Transportation.
• Collection Site—A place designated by the Town of Queensbury where drivers go for
the purpose of providing a specimen of their urine to be analyzed for the presence of
drugs, and/or breath test to be analyzed for the presence of alcohol.
• Collection Site Person—A person who instructs and assists drivers at a collection site. A
collection site person also receives and makes the initial exam of the urine specimen
provided by drivers. A collection site person will be a licensed medical professional or
technician who has been trained in specimen collection. In any situation where: (a)a
collection is observed or(b) collection is monitored by non-medical personnel,the
collection site person must be a person of the same gender as the donor.
• Commercially Licensed Driver—Every employee who operates a commercial motor
vehicle (CMV) and who is required to hold a commercial driver's license (CDL) is covered
by this policy. This includes drivers of vehicles with a gross vehicle weight rating
(GVWR) of more than 26,000 pounds; drivers of vehicles designed to transport sixteen
(16)or more passengers, including the driver; and drivers of vehicles used to transport
hazardous materials, regardless of whether the vehicles operate interstate or intrastate.
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Town of Queensbury Substance-Free Workplace
and Substance Testing Policies
• Confirmation Test—For alcohol,this means a second test,following a screening test
with a result of 0.02 or greater, which provides quantitative data of alcohol
concentration. For drug testing, this means a second analytical procedure to identify
the presence of a specific drug or metabolite which is independent of the screening test
and which uses a different technique and chemical principle from that of the screen test
in order to ensure reliability and accuracy. At present, gas chromatography/mass
spectrometry(GC/MS) is the only authorized confirmation method for cocaine,
marijuana, opiates, amphetamines, and phencyclidine.
• Consortium-Third Party Administrator(C/TPA)—A service agent who coordinates a
variety of drug and alcohol testing services for the Town. While the Town uses The
Center for Occupational Health (COH)for its C/TPA, this policy shall use C/TPA as the
same as MRO wherever MRO is mentioned.
• DOT—The United States Department of Transportation, Office of the Secretary, which
administers regulations and requires compliance.
• Driver—Any individual who operates a commercial motor vehicle (CMV)or any Town
Employee involved in an accident while driving a Town vehicle. This includes, but is not
limited to: full time, regularly employed drivers; casual, intermittent or occasional
drivers; leased drivers and independent, owner-operator contractors who are either
directly employed by, or under lease to, an employer or who operate a commercial
motor vehicle at the direction of or with the consent of an employer. For the purposes
of pre-employment/pre-duty testing only, the term driver includes a person applying to
an employer to drive a commercial motor vehicle.
• Drugs Tested—The presence of the following five drugs are the only drugs currently
tested for pursuant to DOT regulations: marijuana, cocaine, opiates, amphetamines and
methamphetamines, and phencyclidine (PCP). NOTE: For purposes of this policy, the
terms "drugs"and "controlled substances" are interchangeable and have the same
meaning.
• Employer—An entity employing one or more commercially licensed drivers that is
subject to DOT agency regulations.
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Town of Queensbury Substance-Free Workplace ,
and Substance Testing Policies
• Evidential Breath Testing(EBT) Device—An alcohol testing device to test the alcohol
concentration in a driver's breath. An EBT approved by the National Highway Traffic
Safety Administration for the evidential testing of breath and placed in NHTSA's
"Conforming Products List of Evidential Breath Measurement Devices" (CPL), and
identified on the CPL as conforming to the model specifications available from the
National Highway Traffic Safety Administration, Office of Alcohol and State Programs".
• Medical Review Officer(MRO) -A licensed physician responsible for receiving
laboratory results generated by our testing program who has knowledge of substance
abuse disorders and has appropriate medical training to interpret and evaluate a
driver's positive test result,together with their medical history.
• Safety-Sensitive Function—Means the following: (references below to sections are of
the Omnibus Transportation Testing Act of 1991 and its parts)
1. All time at a carrier or shipper plant, terminal,facility, or other property, or on
any public property,waiting to be dispatched, unless the driver has been
relieved from duty by the motor carrier;
2. All time inspecting equipment as required by Sections 392.7 and 392.8 or
otherwise inspecting, servicing, or conditioning any CMV at any time;
3. All driving time as defined in the term driving time in Section 395.2;
4. All time, other than driving time, in or upon any CMV except time spent resting
in a sleeper berth as defined by the term sleeper berth in Section 395.2.
5. All time loading or unloading a vehicle, supervising, or assisting in the loading or
unloading,attending a vehicle being loaded or unloaded, remaining in readiness
to operate the vehicle, or in giving or receiving receipts for shipments loaded or
unloaded;
6. All time repairing,obtaining assistance, or remaining in attendance upon a
disabled vehicle.
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Town of Queensbury Substance-Free Workplace r
and Substance Testing Policies
• Screening Test(or Initial Test)—In alcohol testing, it means an analytical procedure to
determine whether a driver may have a prohibited concentration of alcohol in his or her
system. In controlled substance testing, it means an immunoassay screen to eliminate
"negative" urine specimens from further consideration.
• Substance Abuse Professional(SAP)—A licensed physician (Medical Doctor or Doctor of
Osteopathy), or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor(certified by the National Association of Alcoholism
and Drug Abuse Counselors Certification Commission)with knowledge of,and clinical
experience in,the diagnosis and treatment of alcohol and controlled substances-related
disorders.
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Town of Queensbury Substance-Free Workplace ,
and Substance Testing Policies
CHAPTER 3 — SUBSTANCE-FREE WORKPLACE POLICY
Policy Statement
The Town of Queensbury is committed to protecting the health, safety and welfare of our
drivers and to preserving the high performance standards that have been the basis for the
Town's success. Because we believe that substance abuse hinders our Town's growth and
prosperity, we will make every effort to provide a work environment that is free of substance
abuse.To reinforce our commitment to a safe and healthy workplace,the Town Board has
adopted a Substance-Free Workplace Policy which is in compliance with The Omnibus
Transportation Employee Testing Act of 1991 and the Drug-Free Workplace Act of 1988.
The Substance Testing Policy(Chapter 4)
defines many important details of our
program, such as testing implementation,
procedures, costs, and disciplinary action,
and are not repeated in this Chapter.
Prohibited Activities and Consequences
Part 382, Subpart B of the DOT's regulations deals with prohibited activities. Since some of the
prohibitions concerning alcohol use are different than those for drug use,they will be
addressed separately in this summary.
A discussion of the consequences, including referral and treatment requirements,follows the
listing of prohibitions.
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Town of Queensbury Substance-Free Workplace I
and Substance Testing Policies
• Alcohol Prohibitions—Drivers are prohibited from the following activities:
1. Using alcohol while performing safety-sensitive functions.
2. Reporting for duty, or remaining on duty,to perform safety-sensitive functions
while having an alcohol concentration of 0.04 or greater;
3. Being on duty or operating a commercial motor vehicle while the driver
possesses alcohol unless the alcohol is manifested or transported as part of a
shipment. This includes the possession of medicines containing alcohol,
(prescription or over-the-counter) unless the packaging seal is unbroken. Using
alcohol while performing safety-sensitive functions;
4. Using alcohol within four(4) hours preceding the performance of safety-sensitive
functions;
5. Refusing to submit to an alcohol test required by post-accident, random,
reasonable suspicion, return-to-duty, or follow-up testing requirements;
6. If required to submit to a post-accident alcohol test,the driver is prohibited from
using alcohol during eight (8) hours following the accident, or until the driver
undergoes a post-accident alcohol test, whichever occurs first.
• Drug Prohibitions—Drivers are prohibited from the following activities:
1. Reporting for duty or remaining on duty requiring the performance of safety-
sensitive functions when a driver uses any controlled substance, except when
the use is pursuant to the instructions of a physician who has advised the driver
that the substance does not adversely affect the driver's ability to safely operate
a commercial motor vehicle;
2. Reporting for duty, remaining on duty, or performing safety-sensitive functions if
the driver tests positive for controlled substances;
3. Refusing to submit to a controlled substance test required by post-accident,
random, reasonable suspicion, return-to-duty, or follow-up testing
requirements.
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Town of Queensbury Substance-Free Workplace
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• Consequences—The consequences for engaging in conduct prohibited by Part 382,
Subpart B are outlined in Part 382,Subpart E. In addition, Section 382.605 of Subpart F
specifies the referral, evaluation, and treatment requirements. A summary of these
consequences are listed below.
Note: In addition to the consequences required under Part 382,
Subpart E imposed on drivers who engage in conduct prohibited by
Part 382, Subpart B, drivers shall be subject to the disciplinary
action detailed in Chapter 4 of this document.
1. Removal from Safety-Sensitive Functions—The driver shall not perform, or be
permitted to perform by the employer; safety-sensitive functions, including
driving a commercial motor vehicle. (for purposes of this Subpart, commercial
motor vehicle means a commercial motor vehicle in commerce as defined in
Section 382.107, and a commercial motor vehicle in interstate commerce as
defined in Part 390.)
2. Referral, Evaluation and Treatment—In accordance with Section 382.605, any
driver who has engaged in conduct prohibited by Part 382, Subpart B, shall:
a) Be advised by the employer of the resources available to the driver in
evaluating and resolving problems associated with the misuse of alcohol
and use of controlled substances, including the names, addresses and
telephone numbers of substance abuse professionals and counseling and
treatment programs;
b) Be evaluated by a substance abuse professional who shall determine
what assistance, if any,the employee needs in resolving problems
associated with alcohol misuse and controlled substances use.
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Town of Queensbury Substance-Free Workplace at
and Substance Testing Policies
c) Undergo a return-to-duty alcohol test with a result indicating an alcohol
concentration of less than 0.02 if the conduct involved alcohol,or a
controlled substances test with a verified negative result if the conduct
involved a controlled substance. In addition, each driver identified as
needing assistance in resolving problems associated with alcohol misuse
or controlled substances use:
i. Shall be evaluated by a substance abuse professional to
determine that the driver has properly followed any rehabilitation
program prescribed under paragraph b) of this section;and
ii. Shall be subject to unannounced follow-up alcohol and controlled
substances tests administered by the employer following the
driver's return to duty. The number and frequency of such follow-
up testing shall be as directed by the substance abuse
professional, and consist of at least six (6)tests in the first twelve
(12) months following the driver's return to duty. The employer
may direct the driver to undergo return-to-duty and follow-up
testing for both alcohol and controlled substances, if the
substance abuse professional determines that return-to-duty and
follow-up testing for both alcohol and controlled substances is
necessary for that particular driver. Follow-up testing shall not
exceed sixty(60) months from the date of the driver's return to
duty. The substance abuse professional determines that such
testing is no longer necessary.
d) Evaluations and rehabilitation may be provided by the employer, by a
substance abuse professional under contract with the employer, or any
substance abuse professional not affiliated with the employer;
e) The employer shall require that a substance abuse professional who
determines that a driver requires assistance in resolving problems with
alcohol misuse or controlled substances use does not refer the driver to
the substance abuse professional's private practice or to a person or
organization from which the substance abuse professional receives
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Town of Queensbury Substance-Free Workplace # ,
and Substance Testing Policies
remuneration or in which the substance abuse professional has a
financial interest. This paragraph does not prohibit a substance abuse
professional from referring a driver for assistance provided through:
i. A public agency, such as State, county or municipality;
ii. The employer or a person under contract to provide treatment for
alcohol or controlled substances problems on behalf of the
employer;
iii. The sole source of therapeutically appropriate treatment under
the driver's health insurance program; or
iv. The requirements of this section with respect to referral,
evaluation and rehabilitation do not apply to applicants who
refuse to submit to a pre-employment controlled substances test.
Designated Employee Representative (DER)
The Executive Assistant to the Town Supervisor is the Designated Employee Representative
(DER). Some of the responsibilities of the DER include the following:
1. Liaison between the collection site, Medical Review Officer, and the Town of
Queensbury.
2. Liaison between all Town department managers of commercially licensed
operators.
3. Receive notifications of random selections from the collection site and notify
individuals to be tested.
4. Documentation procedures and Reporting requirements.
In the event the Executive Assistant to the Town Supervisor is unavailable, the backup DER is
the Town Supervisor.
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Town of Queensbury Substance-Free V,s0
and Substance Testing Policies
The Drug-Free Workplace Act of 1988
In addition to the Omnibus Transportation Employee Testing Act of 1991,the Town must abide
by the Drug-Free Workplace Act of 1988. This act states that: the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is strictly prohibited in all
work places and work sites of Town employees. Any person who violates this prohibition will
be subject to disciplinary action.
In establishing a drug-free workplace, it is the town's policy to work with employees suffering
from drug abuse so that they will receive assistance necessary to overcome their dependency.
Any employee seeking such assistance is encouraged to contact his/her department head or a
treatment facility directly, to discuss the situation before problems begin to surface in the
workplace. Any disclosures made by an employee will be treated as strictly confidential by the
department head, to the greatest extent practicable.
• Employee Responsibilities—As a condition of employment with the Town of
Queensbury every employee must abide by this policy and notify his/her department
manager of any conviction of a violation of a criminal drug statute occurring in the
workplace, within five (5) days of the conviction.
Notification to Applicants
All applicants for positions in the Town of Queensbury which require a commercial driver's
license will be subject to pre-employment controlled substance and alcohol testing and will be
subject g
required to sign the consent form. In addition, all applicants for any Town of Queensbury
position shall require a pre-employment controlled substance test and will be required to sign a
consent form prior to being hired. The Town of Queensbury does not need to provide
rehabilitation for the disqualified applicant who tests positive. The Town of Queensbury will
post, publish and communicate the name, address and phone number of the Alcohol and Drug
Evaluation Clinic.
In addition,the Town has the right to conduct research on all applicants for positions requiring
a commercial driver's license to determine their history of testing positive for controlled
substances and alcohol. The driver applicant may be required to sign the appropriate
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Town of Queensbury Substance-Free Workplace ,
and Substance Testing Policies
authorization form and must supply the names of all organizations which employed the
applicant during the previous two (2)years.
if the Town of Queensbury obtains information from the above that the driver applicant had
received a positive substance test,or refused to submit to such testing,the Town will not hire
the driver applicant.
Notification to Employees
All Town of Queensbury employees will receive a written copy of this policy and will be
required to sign an Employee Acknowledgment Form. This form will be placed in the
employee's personnel file.
Employment Non-Discrimination Policy
The Town of Queensbury will not discriminate against driver applicants or drivers because of
past drug or alcohol abuse, as long as the applicant demonstrates he/she has received
appropriate treatment and test negative for drug use. It is the current use of alcohol and drugs
that we will not tolerate in our workforce.
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Town of Queensbury Substance-Free Workplace F
and Substance Testing Policies
CHAPTER 4 — SUBSTANCE TESTING POLICY
Policy Statement
The purpose of the Town of Queensbury's Substance Testing Policy is to reduce accidents that
result from use of controlled substances and alcohol, thus reducing fatalities, injuries and
property damage.
It is the Town of Queensbury's intent to uphold the safety of our drivers and the general public.
Compliance with this testing policy is essential and it is necessary for all personnel in a
management capacity to fully comprehend the policy's requirements and implementation
procedures.
Department managers should contact the Designated Employee Representative for guidance in
the event they identify a driver who they have reason to believe has consumed drugs or
alcohol.
Employees Covered by the Town of Queensbury's Substance Testing
Policy
The Town of Queensbury's Substance Testing Policy applies to all safety-sensitive employees
who drive commercial motor vehicles requiring a commercial driver's license to operate and all
Town employees who are involved in an accident while driving a Town vehicle.
Substance Testing Policy Compliance
The Town of Queensbury's Substance Testing Policy is in compliance with the "Omnibus
Transportation Employee Testing Act of 1991, Controlled Substances and Alcohol Use and
Testing" as outlined by the Department of Transportation in 49 CFR Parts 40, 382, and 391 of
the Code of Federal Regulations. All tests will be administered in accordance with this policy
and applicable Federal regulations.
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Town of Queensbury Substance-Free Workplace
and Substance Testing Policies
Drug and Alcohol Testing and Paid Time
An employee shall be paid for all time pertaining to alcohol and drug tests. This includes
traveling to and from the collection site. Such time shall be considered as time worked for the
purpose of calculating overtime and employee benefits.
The cost of pre-employment and pre-duty drug tests will be paid by the employer.
Types of Drug Tests and Associated Cost Responsibilities
1. Pre-Employment and Pre-Duty Drug Testing—The Town of Queensbury shall require all final
applicants for driving positions intended to be used or hired ,to be tested for the presence of a
controlled substance as a pre-qualifying condition to employment.
Pre-duty drug testing will be required where a Town employee transfers from one Town
position to a covered driving position where the former position did not include safety-sensitive
functions.
2. Reasonable Suspicion Testing- DOT regulations and the Town of Queensbury policy require
drivers to be tested for controlled substance and alcohol use when their conduct gives the
Town of Queensbury reasonable suspicion to believe they are under the influence of drugs
and/or alcohol. The driver's behavior must be observed by at least one (1) designated
department manager trained in the detection of probable drug and/or alcohol use. Whether
reasonable suspicion testing is conducted for alcohol or drugs, such testing must be based on
observations concerning the driver's appearance, behavior, speech or body odor.
Reasonable suspicion alcohol testing is authorized only if the required observations are made
just before, during or immediately after performing safety-sensitive functions. The mere
possession of alcohol does not constitute a need for reasonable suspicion alcohol testing.
Drivers must also inform their department manager if they have consumed alcohol four(4)
hours prior to the starting of their shift. Reasonable suspicion alcohol testing should be
conducted no more than two (2) hours after the reasonable suspicion determination has been
made, and in any event,within eight (8) hours. If the testing is not performed within this two
(2) hours period, a report must be prepared indicating the reason for not promptly
administering same. If the test is not administered with eight (8) hours,the Town of
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Town of Queensbury Substance-Free Workplace 4
and Substance Testing Policies
Queensbury must cease attempts to administer the test and prepare another report indicating
the reason for not administering the test.
With regard to reasonable suspicion drug testing, such testing is authorized anytime only if,
however,the required report is made within twenty-four(24) hours of observation. Controlled
substance reasonable suspicion testing must be performed within the thirty-two (32) hour time
period; a report must be prepared indicating the reason for not promptly administering same.
DOT regulations require that all department managers receive a minimum of sixty(60) minutes
of training in controlled substance use detection and sixty(60) minutes of training on alcohol
misuse. Proof of appropriate training in the form of a certificate and is kept by the Town of
Queensbury.
Department Managers should contact the Designated Employee Representative for guidance in
the event they identify a driver who they have a reason to believe is impaired.
The cost of reasonable suspicion test will be paid by the employer. However, if an employee
receives a positive result on a reasonable suspicion test,any subsequent reasonable suspicion
test with positive result will be paid by the employee.
3. Post-Accident Testing—The driver will submit to a post-accident drug and alcohol test as
soon as practicable following an accident involving a Town motor vehicle when either the
accident involved a fatality or the driver receives a citation for a moving traffic violation arising
from the accident. For the purpose of this policy, an "accident" is defined as an incident
involving a motor vehicle in which there is either a fatality, an injury treated away from the
scene, or a vehicle is required to be towed from the scene.
The driver shall remain at the scene or readily available to undergo testing for alcohol and
controlled substance use. Any driver subject to post-accident testing,who leaves the scene of
an accident or fails to remain readily available for testing shall be deemed to have refused to
submit to testing. Such a refusal shall be treated by the Town of Queensbury in the same
manner as if the driver had an alcohol test result of 0.04 or greater or a verified positive test for
controlled substance use. Nothing in this section shall be construed to require the delay of
necessary medical attention for injured people following an accident or to prohibit a driver
from leaving the scene of an accident for the period necessary to obtain assistance in
responding to the accident, or to obtain necessary emergency medical care.
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Town of Queensbury Substance-Free Workplace -1
and Substance Testing Policies
All alcohol testing required by this provision shall be performed by the Town of Queensbury as
soon as possible, but not more than eight (8) hours after the time of the accident. If the alcohol
test is not administered with two(2) hours of the accident,the Town of Queensbury shall
prepare a report stating the reason the test was not promptly administered. If the alcohol test
is not administered within eight (8) hours of the accident,the Town will cease attempts to
administer same and prepare a report stating why the alcohol test was not promptly
administered. All controlled substance testing required by the provisions shall be performed by
the Town as soon as practicable after the time of the accident but within thirty-two (32) hours.
If the controlled substance test is not administered within thirty-two (32) hours,the Town will
cease attempts to administer same and prepare a report stating the reason why the controlled
substance test was not promptly administered.
The cost of post-accident tests will be paid by the employer. However,if an employee
receives a positive result on a post-accident test, any subsequent post-accident test with a
positive result will be paid by the employee.
4. Random Testing—The Town of Queensbury implements a random selection process to
select among every safety sensitive employee whose job requires a CDL, per DOT requirements,
to be tested for the use of controlled substance and alcohol. The Town's C/TPA or MRO shall
implement the Town's random selection process. The Town will ensure that all random drug
and alcohol tests conducted are unannounced and that the dates for administering random
tests are spread reasonably throughout the calendar year. The number of tests administered
must equal fifty percent(50%) drug testing and twenty-five percent (25%)alcohol testing of the
total number of drivers eligible to receive them.
The selection of such drivers for random drug and alcohol testing shall be made by scientifically
valid method. Under the selection process used, each driver shall have an equal chance of being
tested each time selections are made, without elimination. The desired effect, therefore, is
that a driver may not be selected at all over the course of the year or he/she may be selected
several times.
Each employee who is notified of selection for random alcohol and/or drug testing shall
proceed to the collection site immediately, or, if the employee is performing a safety-sensitive
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Town of Queensbury Substance-Free Workplace ifah
and Substance Testing Policies
function at the time of notification,the employee shall cease to perform the safety-sensitive
function and proceed to the collection site as soon as possible.
A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions,
just before the driver is to perform safety-sensitive functions, or just after the driver has ceased
performing such functions.
The cost of all random tests will be paid by the employer.
5. Return-To-Duty and Follow Up Tests—Before returning to duty after positive test results,
each driver must undergo an applicable alcohol or controlled substances test with a result of
less than 0.02 breath alcohol concentration and/or a verified negative controlled substance test
result. In addition, each driver identified as needing assistance must:
a) Be evaluated again by a Substance Abuse Professional (SAP)to determine whether the
driver has successfully complied with any rehabilitation program prescribed following
the initial evaluation; and
b) Be subject to a minimum of six(6) unannounced follow-up tests over the following
twelve (12) months.
If an employee receives a positive result on a post-accident test, any subsequent post-accident
test with a positive result will be paid by the employee.
Collection Site Guidelines
The Town of Queensbury must designate a collection site where drivers are to provide urine
specimens for drug testing procedures and an Evidential Breath Testing(EBT) device to test the
alcohol concentration in a driver's breath. Each designated collection site must have all
necessary personnel, materials, equipment,facilities and supervision to provide for the
collection, security,temporary storage, and shipping of urine specimens to DHHS and NIDA
certified drug testing laboratory.
A designated collection site may be any suitable location where any specimen can be collected
under conditions established under DOT regulations as well as the Town of Queensbury's
policy.
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Town of Queensbury Substance-Free Workplace eribi
and Substance Testing Policies
Substances for Which Tests are Administered
In accordance with DOT regulations,testing is done for the presence of alcohol and the
following five (5) substances:
Marijuana metabolites/THC
Cocaine metabolites
Opiate metabolites—Opium and Codeine Derivatives (Codeine, Morphine, and
Heroin)
Amphetamines, Methamphetamine, and Methylenedioxymethamphetamine
(MDMA)
Phencyclidine (PCP)
Medical Review Officer (MRO)
The MRO's function is to review, interpret and report the positive and negative test results of
driver applicants and drivers. The MRO will report results to the appropriate management
official designated by the Town of Queensbury who can recommend or take administrative
action on positive test results.
As a general rule,the MRO will report only whether a particular test result was positive or
negative. Management is not privy to additional information regarding test results, except as
otherwise permitted by the regulations. The MRO is also prohibited from communicating
further information unless the driver signs a release allowing the MRO to disclose such
information.
Test Results and Disciplinary Action
The Town of Queensbury Civil Service Employees Association Unit and the Queensbury Town
Board (Management) agree to the following disciplinary procedures:
1. First Positive Drug or Alcohol Test Result - Drivers receiving a first positive drug or
alcohol test result will be placed on a thirty(30)day suspension without pay. A positive
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Town of Queensbury Substance-Free Workplace Oft
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alcohol test result is one in which the breath alcohol concentration is greater than or
equal to 0.04. Drivers will be allowed to use accrued vacation, personal or floating
holiday leave, if any, during this suspension. The Town of Queensbury will continue the
employee's health insurance during the period of suspension only for such 30-day period
and only if the employee pays her/his share of such health insurance.
2. Second Positive Drug or Alcohol Test Result—Any employee who receives a second
positive drug or alcohol test result will be terminated from employment with the Town of
P g
Queensbury. Two tests which result in a "negative-dilute" or similar test results shall
constitute a positive test result, and such employee shall be terminated.
3. Breath Alcohol Concentration Test Result Greater than or Equal to 0.02 but less than
0.04—If a breath alcohol concentration test result is greater than or equal to 0.02, but
less than 0.04, the driver shall not be permitted to drive a commercial motor vehicle or
perform safety-sensitive functions for the Town until the next scheduled work period
providing twenty-four(24) hours have elapsed.The driver will be suspended without pay
for twenty-four(24) hours. The employee must wait until the start of the shift following
the twenty-four(24) hour suspension before he/she will be allowed to return to work.
All time leading up to that point will be unpaid.
4. Positive Test Results and Accidents Regarding a Fatality—Notwithstanding, anything
herein to the contrary, any driver testing positive for the use of drugs or alcohol
following an accident involving a fatality will be terminated from employment with the
Town of Queensbury.
5. Refusal to Submit to Alcohol or Controlled Substances Test—No driver shall refuse to
submit to a post-accident alcohol or controlled substances test, a random alcohol or
controlled substances test, a reasonable suspicion alcohol or controlled substances test,
or a follow-up alcohol or controlled substances test. A refusal to submit to such testing
means that a driver:
a) Fails to immediately provide adequate breath for alcohol testing, after he or she
has received notice of the requirement for breath testing.
b) Fails to provide an adequate urine sample for controlled substances, without a
genuine inability to provide a specimen (as determined by a medical evaluation),
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Town of Queensbury Substance-Free Workplace
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after he or she has received notice of the requirement for controlled substance
testing.
c) Engages in conduct that clearly obstructs the testing process including but not
limited to, a delay in testing.
The refusal on the part of a driver to submit to any drug or alcohol test will result in the
employee's termination from employment with the Town of Queensbury.
Confidentiality
Except as otherwise required by law or expressly authorized or required by DOT regulations,all
the Town of Queensbury personnel will treat as highly confidential all information and
documentation regarding driver drug and alcohol testing. Only authorized personnel will have
access to driver testing information and documentation.
Information obtained about this policy or any test administered, may not be discussed,
photocopied, duplicated or revealed in any form to anyone inside or outside of the Town of
Queensbury unless authorized by law. Any violation in any manner of this information may be
grounds for disciplinary action or other legal action.
The Town of Queensbury requires laboratories and their personnel to maintain driver drug and
alcohol test records in confidence.
All information and documentation maintained by the Town of Queensbury regarding the
testing of drivers will be maintained in the employee's Confidential Personnel File.
Drivers subjected to tests may, upon written request, have access to any records relating to
their tests and results of any relevant certification, review or revocation-of-certification
proceedings.
Notification Requirements
Pre-Employment Test—the Town of Queensbury must notify a driver applicant of the results of
a pre-employment drug test if the driver-applicant requests such results within sixty(60) days
of being notified of the employment decision.
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Town of Queensbury Substance-Free Workplace
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Random, Reasonable Suspicion and Post-Accident Tests—the Town of Queensbury must notify
a driver of the results of random, reasonable suspicion and post-accident drug and alcohol tests
when the test results are positive. For drug tests,the driver must also be informed by the MRO
what substance was discovered.
Education and Training
The Town of Queensbury intends to provide: a minimum of two (2) hours of education and
training for department managers which addresses controlled substances for sixty(60) minutes
and alcohol misuse for sixty(60) minutes.
The Town of Queensbury shall document training given to drivers and department managers.
In addition,the Town of Queensbury offers Employee Assistance Program (EAP) which is a
service our employees can receive free of charge. EAP provides education and services
regarding controlled substance and alcohol use in personal health, safety and work
environments including many other services. More information can be found on page 28.
Split Specimen
Each urine specimen is subdivided into two (2) bottles labeled as a "primary" and a "split"
specimen. Both bottles are sent to a laboratory. Only the primary specimen is opened and
used for the urinalysis. The split specimen bottle remains sealed and is stored at the
laboratory. If the analysis of the primary specimen confirms the presence of illegal, controlled
substances,the driver has seventy-two (72) hours to request the split specimen be sent to
another NIDA certified laboratory for analysis. Any split specimen test requested by the driver
will be paid for by the Town of Queensbury.
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Town of Queensbury Substance-Free Workplace
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CHAPTER 5 — RECORD KEEPING AND REPORTING REQUIREMENTS
Record Retention
Each employer is required to maintain records of its Substance Testing Policy in a secure
location with controlled access.
1. Employers shall maintain the following records for five(5)years:
a) Records of breath alcohol test results indicating an alcohol concentration
greater than or equal to 0.02
b) Records of verified positive drug test results
c) Documentation of refusals to take required alcohol and/or drug tests
d) Annual MIS Report and SAP reports
e) All follow-up tests and schedules for follow-up tests
2. Employers shall maintain the following records for three (3)years:
a) Information obtained from previous employers concerning drug and alcohol
test results of employees
3. Employers shall maintain the following records for two (2)years:
a) Records of the inspection, maintenance, and calibration of EBT's
b) Records related to the alcohol and drug collection process. Some of these
records are kept at our consortium
c) Supervisor and employee education and training records
4. Employers shall maintain the following records for one (1)year:
a) Negative and canceled drug test results and breath alcohol tests with
concentration of less than 0.02
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Town of Queensbury Substance-Free Workplace
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Reporting of Results in a Management Information System
Employers are required to prepare and maintain an annual summary of the results of their
alcohol and drug testing programs for each calendar year.The DOT will randomly select a
sample of employers from all employers subject to drug and alcohol testing regulations and
require them to submit the data. The information required in the annual summary is extensive
and must be prepared by March 15th of each year, regardless of whether the employer is
selected to submit the information to the DOT. A consortium may prepare annual calendar
year summaries and reports on behalf of individual employers, but each employer must sign
and submit such a report and is responsible for ensuring the accuracy and timeliness of the
report prepared on its behalf by the consortium.
Record Keeping Requirements
Accident reports to the DOT must include whether the test results were positive or negative.
It is the Town of Queensbury's responsibility to maintain in a given calendar year an accurate
summary of records related to the Town's required testing program. These records are
available upon request by the DOT sixty (60) days after the last day of the year(December 31st).
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Town of Queensbury Substance-Free Workplace
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CHAPTER 6 — SUBSTANCE TESTING SERVICE
The service chosen by the Town of Queensbury to perform all required substance testing
services is:
Glens Falls Hospital
Center for Occupational Health
102 Park Street,Suite B-2
Glens Falls, NY 12801
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Town of Queensbury Substance-Free Workplace
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CHAPTER 7 — EMPLOYEE ASSISTANCE PROGRAM
It is not mandatory for the Town of Queensbury to pay for the "rehabilitation" of a driver who
tests positive for the use of drugs or alcohol. However, the Town makes available the services
of an established Employee Assistance Program for all of its employees. This program contains
a component designed to help employees overcome drug and alcohol abuse. Employees are
encouraged to seek assistance through this program before drug and alcohol problems lead to
violations of the Town's Substance—Free Workplace Policy. Confidential referrals can be
obtained by contacting the program directly(see below).
The Town is not responsible for any additional expenses incurred by an employee above and
beyond the services provided through the Employee Assistance Program. A driver's decision to
seek prior assistance from the Employee Assistance Program will not be used as the basis for
disciplinary action. On the other hand, using the Employee Assistance Program will not be a
defense to imposing discipline where facts establishing a violation of this policy has occurred.
Employee Assistance Program
Glens Falls,NY 12801
Telephone:518-793-9768
Or
1-800-734-6072
Primary Contact: Rick Demers
Office Hours: 9:00 am 5:00 pm, Mon-Fri
Evening Hours Available
***24 Hour Answering Service***
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