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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