HomeMy Public PortalAboutResolution 1133RESOLUTION NO. 1133
A RESOLUTION AMENDING THE PERSONNEL RULES AND
REGULATIONS, COMMONLY KNOWN AS THE EMPLOYEE HANDBOOK
FOR THE VILLAGE OF PLAINFIELD.
WHEREAS, the President and Board of Trustees of the Village of Plainfield adopted
Personnel Rules and Regulations commonly known as the Employee Handbook for the
Village of Plainfield on November 3, 1986;
NOW, THEREFORE, BE IT RESOLVED BY THE PLAINFIELD BOARD OF TRUSTEES
OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, as follows:
SECTION 9.8 DRUG AND ALCOHOL ABUSE POLICY shall be included in the
Employee Handbaok for the Village of Plainfield.
This Resolution shall be effective Januar 1 199,
Passed this 18 day of December 198,5_
Village Cler
Village President
A -TEST: - _.
~ Village C ~
12/07/95 THU 15:08 FAX 815 729 4711 MCKEOWN LAW
DRUG AND ALCOHOL ASIISE POLICY
I. Polley Statement
The purpose of this policy is to perform the necessary drug and
alcohol testing pursuant to the federally mandated requirements
under 49 CFR Part 40 and Part 3BZ • The drug- 1 9a6ted Theualcohols
of this policy become effective January 1,
related requirements under this policy become effective January
1, 1996.
II. Defiaitians
For the purpose of this policy, the words and terms defamed in
this Section shall have the meaning therein given, unless the
context otherwise clearly requires.
"Driver" means any person who operates a commercial motor vehicle
as defined in 49 CFR Part 362.107. This include, but is not
limited to: full-time, regularly emploi~as~dlvdrivers suand
intermittent or occasional drivers;
independent owner-operated contractors who are either directly
employed by ar under lease to an employer or who operate a
commercial motor vehicle at the direction of or with the consent
of an employer. Far 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_
'~ Saf sty-sensitive function" means ar Y ~~ hs o(1) othroughf (7 ~ t ions
set forth in 49 CFR Part 395.2, p 3 P
"Out-of-service" means an employees disqualification from
operating a commercial motor vehicle as defined in 49 CFR Part
362.107. Drivers who are placed on "out--of-service" status as a
result of the revocation, suspension or cancellation of thea.r
Commercial Driver's License (CDL); or failure to successfully
complete required drug and/or alcohol testing shall be placed on
leave with time charged, as available, to accrued vacation leave,
other paid leave (i.e., sick leave, personal days, and
compensatory time), and any remaining time being a leave of
absence without pay. An employee may also be reassigned to a
non-driving position or a position not requiring a CDL during
this period. Reassignments will be made only if such a position
is available, the employee is not subject to possible
disciplinary action for reasons other than the loss of CDL
privileges, and that the reassignment is approved by the Village
Administrator or when the municipality employs no Village
Administrat ~obtheh s lacy r ange sofe the tie porar ilynreassigned
be sub~ec
position.
~ 002
12/07/95 THU 15:09 FA% 815 729 4711 MCI~OWN LAW f~j003
ITI. IIse Prohibited
The unlawful manufacture, distribution, dispensarohib P ed onsall
or use of a controlled Substance or alcohol is p
Village premises, in any Village-owned or leased motor vehicle,
or other relocations at which the driver is to pexform work; nor
will the Village of plainf~eld hire or retain any individual
which uses or possesses any illegal drug, in any amount and
regardless of ~ 1 ~ 1 te'd conduct. individual who engages in
prohibited alto
A. The Village of Plainfield will maintain a pre-
employment screening program designed to prevent hiring
anyone who uses any illegal drugs, or engages in
prohibited alcohol.-related conduct.
g. No driver will consume any Schedule 1 drug of the
Schedule of Controlled Substance of the Drug
Enforcement Administration or any amphetamines,
narcotics, opiates, hallucinogenic substances,
depressants, stimulants, or any other habit forming
drug while on or off duty, except as provided in
paragraph D-
C. No driver shalcontroll d sub t nce,or w th an1alcohol
by any drug,
breath concentration of .D2 or greater.
D. A driver may use a substance administered by or under
the direction of a physician who has advised the driver
that the substance will not affect the driver`s ability
to safely operate a motor vehicle.
E, No driver may operate balance~rreaction, xeflexestox'
senses, sight, hearing-
judgment are or may be presumed affected or has
consumed any alcohol within (~) hours.
F. Any driver who sells or otherwise dispense illegal
drugs or alcohol to others on Village premises, in or
from a Village-awned or leased motor vehicle is subject
to immediate termination; provided that nothing
contained herein shall be deemed to prejudice any
rights the employee may have with respect to appealing
such termination after the occurrence thereof under the
Village's Policy and Procedures Manual or Ordinance or
under a Collective Bargaining Agreement, if any.
2
12/07/95 THLi 15:09 FA% 815 728 4711 MCKEOWN LAW f~j004
IV. Drug and Alcohol Testing
A, Drug Testing
The Village of Plainfield will require drug testing in
accordance with Federal Motor Carrier Safety Requirements as
set forth in Part 40 of CFR. pur9uant to Part 40, which
became effective August 15 , 1994 , all urine samples shall be
split-samples. The "primary sample" shall be at least 30
ml. of urine; the "split-sample" shall be at least 15 ml.
Failure of the driver to provide that quantity eve~oa24evza
(2) hour second opportunity following drinking up
of water, will cause the driver to be referred for a medical
evaluation to develop pertinent information whether the
enuine or
driver's inability to provide a specimen is g
constitutes a refusal to test. The medical evaluation shall
go to Medical Review Officer (MRO) who will make a
conclusion in writing to the employer. While this process
is being accomplished, the driver shall be placed out of
service.
B. Alcohol Testing
The village of Plainfield will require alcohol testing in
accordance with Federal Motor Carrier Safety requirements as
set forth in 49 CFR Part 40. Two breath tests are required
to determine if a person has a prohibited alcohol
concentration. A "screen test" shall be conducted first.
Any result less than .02 alcohol concentration is considered
a "negative test." If the alcohol concentration is .02 or
greater, a second or "confirmation test" must be conducted.
This test shall be by an "Evidential Breath Testing" (EBT)
device, that prints out the results, date, time, a
sequential test number, name and serial number of the EBT
and is proficient in a].1 breath alcohol testing procedures.
Drivers shall only be tested for alcohol while performing a
safety-sensitive function, just before performing a safety-
sensitive function, or just after performing a safety-
sensitive function for at least (24) hours. Failure of the
driver tv provide an adequate amount of breath will cause
the driver to be immediately referred for a medical
evaluation to develop pertinent information concerning the
driver's inability to provide the adequate amount of breath
is genuine or constitutes a refusal to test. The physician
shall submit a written medical evaluation to the Medical
Review Officer who will make a conclusion in writing to the
Village. While this process is being accomplished the
driver shall be placed out of service.
3
12 / 0 7 / 9 5 THU 15.10 FA% 815 7 2 9 4 711 MCKE OVVT1 I.ARV
(1) Fvr the purposes of compliance with the Federal Motor
Carrier Safety Regulations, all drivers will be
required to take and successfully pass urine drug
testing and breath alcohol testing. Refusal to submit
to such screenings is considered a positive test.
(2) pre-employment ApPI~-cants for positions as drivers
will also be required to take and successfully pass
urine drug tests and alcohol breath test before they
can be used as drivers; except, applicants that have
taken part and qualified in the last (30) days and
tested in the last ( 6 ) months or in a random program in
the last (12) months with no positive results.
(3) The fallowing information must be obtained on any new
driver from previous employers for the past two years;
any positive drug test or alcohol test of .04 or
greater, including any refusals to be tested. Every
new employee shall provide to the Village of Plainfield
a written release which authorizes the village of
Plainfield to obtain the driver's past drug and alcohol
test results. No driver shall be used for more than 14
days while these test results are being secured.
Regulations prohibit the use of any driver after (14)
days if these test results have not been obtained. Any
driver found to have had a positive test result in
these (2) years shall cause the employer to further
obtain information an the subsequent Substance Abuse
Professional's evaluation and/or determination under
Seddon 382.605 and determine if there was compliance
with Sections 382.3Q9 and 382.311. If not, the driver
cannot be used until in full compliance.
(4) Periodic: All drivers may be required to submit to a
urine drug test and breath test at least every two
years at the same time as the biennial medical
examination occurs.
(5) Reasonable Cause: Any driver suspected of drug or
alcohol use as a result of reasonable evidence upon
reporting to work, during the work day, or upon
completion of his day's work activity may be subjected
to a reasonable clause urine drug or breath ~~~ hbe
test. Refusal to submit to such screening
considered a positive test. A reasonable cause
observation form must be completed and signed by at
least one qualified supervisor within (z4) hours of the
observation that led to a reasonable cause test.
(6) Random Testing:
(a) All employees covered by this policy fort Risk
included as part of the Southwest Agency
~ 005
4
12/07/95 THU 15:10 FAX 815 729 4711 MCKEOWN LAW C~J006
Management (SWARM) nrug and Alcohol Test Consortium
Group (Consortium) from which the Consortium will
randomly select 50~ each year for drug testing and 25~'
each year for bxeath alcohol testing per the
requirements of Section 382.305 and 49 CFR Part 40-
(b) On a monthly basis the Medical Review Officer
(Mgp) will from the total group select randomly on his'
computer a number to be tested that on an annual basis
will equal 50~ of that total group for random drug
testing and 25~ for breath alcohol testing. This same
process will be repeated each month.
(c) Once the MRO makes the monthly selections, he
will forward that list to the Consortium which will
notify the Village undex whose drug policies those
selected are covered. The Village of Plainfield will
be given a date before which the individual selected
must be tested per these random selection processes-
The person to be tested shall not be informed of the
need to be tested except just prior to the actual test
being performed.
(d) Failure of the Village to accomplish the above
requirements in the time allotted will cause them to be
out of compliance with the random testing requirements
of 49 CFR Part 40.
G. Post Accident Testing:
(1) The Village of Plainfield will require post-accident
urine drug and breath alcohol testing of all employees
covered by this policy as required by Section 382.303
and 45 CFR Part 40.
(2) Post-accident urine drug and breath alcohol testing
will be required of those employees who are involved in
an accident if the driver receives a citation for a
moving traffic violation arising from the accident or
there is a fatality.
(3) The post-accident urine drug test shall be conducted as
soon as possible but not later than 2 hours after the
reportable or fatal accident. If the test is not
administered the village shall prepare and maintain on
file a record stating the reasons the teat was not
promptly completed. If a bxeath alcohol test is not
conducted within (2) haurs a record shall be prepared
and retained stating why- If in (8) hours a test is
still not conducted, all attempts shall cease and a
complete record made of why it was not accomplished.
In addition, the driver shall not consume any alcohol
S
12/07/95 THU 15.11 FA% 815 729 4711 MCKEDWN LAW X007
for at least (8) hours following an accident or until
a breath alcohol test has been accomplished.
(4) A driver who is seriously injured and cannot provide a
urine specimen or breath alcohol test at the time of
the accident shall provide the necessary authorization
for obtaining medical records and reports that would
indicate if a controlled substance or alcohol was in
the driver's system and the level present.
(5) The Village of Plainfield shall provide the driver with
sufficient procedures so that th ara lra hs 1, 2 , 3 , 4 and
requirements of paragraph G, aub-p g P
comply with all provisions of 49 CFR Part 40.
(6) Failure of the driver to be x'eadily available or
refusal to give a urine sample or breath alcohol teat
when the driver has been involved in a fatal accident,
or received a citation for a moving traffic violation,
except for a driver who meets the conditions of G,4
shall be considered a refusal to take a test and a
positive teat result.
V. Teat Results
A. Drug Test Results
Test results will be reviewed to determine whether there is
any indication of a controlled substance abuse.
(1) These test results will be reviewed by the MRO. If
there is any evidence of a positive result, the MRO
will give the person tested an opportunity to discuss
the results and provide documentation of legally
prescribed medication.
(2) The results will be released to the MRO, who wi11 then
release the results to the Consortium which will
forward those results to the Village of plainf~.eld
which will maintain them in a secure location with
controlled access.
8. Alcohol Test Results
(~.) The test results shall enda.x p, deco n to (whit )a will be
by Sub-part C 40.59 App PY
retained by the Breath Alcohol Technicians (SAT), copy
2 (green) shall gn to the employee, copy 3 (blue) shall
be transmitted tp the Village of Plainfield.
6
12/07/95 THU 15:11 FA% 815 728 4711 MCKEOWN LAW X008
C. General
(1) The test results from all drug and alcohol tests will
become part of the driver's qualification file which
shall be in a secured location with controlled access
and retained as specified in Section 3B2.4D1 or in this
policy.
(2) The results will not be released to any unauthorized
party without written consent. Every driver upon
termination is required to permit in writing the
release of their urine drug and breath alcohol test
results for at least (2) years to any future employer.
Every employer is required upon the receipt of a
written request of a driver to provide copies of all
hie or her urine drug and breath alcohol test results
promptly to any other possible employer at no charge.
vI. Aspiatance Program
An employee assistance program will be conducted by Consortium to
provide educational information concerning the effects and
consequences of drug or alcohol use on personal health, safety
and work environment.
A. Every driver will be required to take at least one hour
of training each year on substance abuse and alcohol
use, and sign form certifying their attendance.
B. written notice will be give when this training is
available.
C. Supervisors of employees subject to these policies
~aha11 be required to attend one hour of training each
fvr controlled substance and alcohol use for the
purpose of being advised of the symptoms and indicators
used in determining reasonable suspicion.
~TII. Laws ~ Regulatiox~.B
A. The Village of Plainfield will comply with all federal,
state and local laws and regulations concerning any
violations of criminal drug and alcohol use in the work
p~.ace .
B. Record keeping: all records will be retained as lasted
in Section 382.401.
C. A driver is entitled, upon written request, to obtain
copies of any records pertaining to the driver's use of
drugs or alcohol, and test results. Access shall not
7
12/07/95 THU 15:12 FAg 815 729 4711
MCKEOWN LAW
be contingent upon payment for records other than those
requested.
D. Records shall be made available to a subsequent
employer upon receipt of a written request from a
driver.
E. An employer may disclose information required to be
maintained under this policy on a driver, to the
decisa~on maker in a lawsuit, grievance, or other
proceeding initiated by or on behalf of that driver and
arising from the results of an alcohol or controlled
substance test required by this policy, or from the
employer's determination that the driver engaged in
conduct prohibited by this policy. (Included by
example, but not by way of limitation, workers'
compensation, unemployment compensation, or other
proceedings related to the benefits sought by the
driver)
~TITI. DiBaiplinsry Actium
A. After 3 violations of this policy the driver shall be
terminated, subject to any appellate rights the
employee may have after such termination under the
Policy and Procedures Manual or Ordinance or under the
Collective Bargaining Agreement, if any, of the
Village. The Village, after one or two violations may
terminate said employee.
S, Every driver who has engaged in violations of this
policy will be advised by the Village of Plainfield of
resources available to the driver in evaluating and
resolving problems associated with the misuse of drugs
or alcohol.
C. Prior to being eligible for return-to-duty testing a
driver must be evaluated by a Substance Abuse
Professional (SAP), who shall set up any assistance
needed. When the driver has complied with all the
recommendations of the SAP, the driver must request the
results of the evaluation and notification of release
be given in writing to the Village of Plainfield with
a copy to the MRO.
The MRO shall then subject such driver to at least (6)
unannounced urine drug tests or breath alcohol tests in
the first (12) months after return to duty_ Follow-up
testing shall not extend beyond (60) months, per
382.65.
f~j 009
8
12/07/95 THU 15:12 FAX 815 729 4711 MCKEOWN LAW
A11 records in reference to the referrals, evaluation,
return-to-duty and follow-up testing shall be reta~-ned
for five years .
~ olo
9