Raissa L. Walker, Personnel Director
Table of Contents
ALCOHOL/DRUG TESTING POLICY
MANDATED FOR EMPLOYEES WITH COMMERCIAL DRIVER'S LICENSES (CDL)
To comply with the Omnibus Transportation Employee Testing Act of 1991 and the rules mandated by The Federal Highway Administration (FHWA) and the U.S. Department of Transportation, all County Employees who have a Commercial Driver's License (CDL) shall be subject to policies and procedures developed from the FHWA and U.S. Department of Transportation rules.
Under the regulations of the Federal Highway Administration (FHWA), all employees are prohibited from engaging in unlawfully manufacturing, distributing, dispensing, possessing, or using controlled substances in the Drug-Free workplace act of 1988.
Alcoholism and drug addiction are treatable diseases and the County will assist employees in overcoming dependency upon or problems with alcohol or drugs, who are willing to follow a prescribed and approved rehabilitative process, through referrals to appropriate agencies.
The Division of Employee Relations will establish a Drug/Alcohol Free Awareness Program to inform (CDL) Holders and their supervisors about the dangers of drug use and alcohol misuse in the workplace, the disciplinary action that may be imposed upon CDL Holders for drug use and alcohol misuse violations in the workplace and the available counseling assistance or rehabilitative programs.
All -(CDL) Holder's drug/alcohol testing results and records are maintained under strict confidentiality by the Division of Employee Relations, the drug testing laboratory and the medical review officer (MRO). This information cannot be released to others without the written consent of the CDL Holder.
Any CDL Holder who voluntarily hands in their CDL license after January 1, 1995, will be required to undergo a drug test. If a supervisory employee tests positive he will be subject to disciplinary charges. If a non-supervisory employee tests positive, he will be subject to disciplinary charges. No CDL holder will be allowed to voluntarily relinquish their CDL license as the County of Mercer has paid the fees for these employees to acquire this special license.
Any questions regarding the Mandated Drug/Alcohol Testing Policy can be answered by contacting the Division of Employee Relations.
U.S. Department of Transportation - Federal Highway Administration Title 49 CFR, Subtitle B, Chapter- III, Parts 382, 391, 392, 395 and 49 CFR Part 40.
- Alcohol Testing
- Controlled Substances Testing
- Penalites for Violation of Policy
- Medical Review Officer (MRO)
- Employer Notifications
- Controlled Substances Test Procedures
- Breath Alcohol Testing Procedures
- Referral to a Substance Abuse Professional (SAP)
- Accident Reporting Procedures
- CDL Forms
- Employee Safeguards
- Alcohol Testing
1. ALCOHOL POSSESSION AND USE
a. No CDL Holder required to perform a safety-sensitive function shall report for, or remain on duty while having an alcohol concentration of 0.02 or greater. No supervisor having actual knowledge that a driver has an alcohol concentration of 0. 02 or greater, shall permit same to perform or continue to perform safety- sensitive functions.
b. No CDL Holder shall use alcohol while performing a safety-sensitive function. No supervisor having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit him or her to perform or continue to perform safety-sensitive functions.
c. No CDL Holder shall use alcohol within the f our (4) hours preceding the performance of safety-sensitive functions. No supervisor having actual knowledge that a driver has used alcohol within f our (4) hours shall permit a CDL Holder to perform or continue to perform safety-sensitive functions.
d. No CDL Holder who will be required to take a post-accident test shall use alcohol for eight (8) hours following the accident or until he/she undergoes the post accident test; whichever occurs first.
e. No CDL Holder shall refuse to submit to any alcohol test required by this policy or U.S. Department of Transportation Mandate.
a. The County upon making an offer of employment to an individual who shall be required by law to maintain a (CDL), shall inform said potential CDL Holder that the offer is contingent upon successful completion of a test for Alcohol and Controlled Substances Use.
b. The potential employee shall be available for pre-employment breathalyzer testing. Said testing shall be conducted in accordance with the mandates listed in Section 11 of this policy and the U.S. Department of Transportation 49 CFR 40.
c. Those persons who undergo a pre-employment alcohol test with a result of 0.02 or greater shall not be hired to perform safety-sensitive functions. Consideration for employment may be given a later date.
d. Current employees transferring from one position to another with the former not including a safety-sensitive function, shall undergo a pre-duty alcohol test with a result of less
C. RANDOM ALCOHOL TESTING
a. The County of Mercer shall test a minimum of twenty-five percent (25%) of its ICDL) holders annually. The total number of this unannounced testing shall be based on the total number of affected CDL Holders. Future percentages will depend upon the Department of Transportation.
b. A CDL Holder may only be tested for alcohol usage while he/she is performing safety-sensitive functions; before performing safety-sensitive functions, or after performing safety-sensitive functions. All testing shall be done during normal duty hours. Any CDL Holder selected for testing while on duty for the purposes of complying with the Federal Regulations, their duty shall extend through the completion of the test. Employees shall be escorted to the site by a supervisor. The employee after learning of their selection for testing shall remain in a specified area under supervisory observation at all times until being escorted to the testing site.
c. The selection of CDL Holders to be tested shall be completed in a lottery-type system. Once selected to undergo testing, the CDL Holder's name will be re-entered into the system for the next round of testing announcements. This ensures that each covered CDL Holder has an equal chance of being tested at least once annually without elimination. The desired effect therefore, is that a CDL Holder may not be selected at all during the course of the year or he/she may be selected several times.
d. Upon notification of selection for testing, the selected CDL Holder(s) to take the breathalyzer test shall report directly to the testing site. In the event that the selected CDL Holder is performing a safety-sensitive function at the time of notification, he/she shall cease said function consistent with safety, and proceed to the testing site as soon as possible.
e. In the event that a CDL Holder is off from work then his/her name shall be skipped and the next person' s name on the list selected and tested. Said CDL Holder' s name shall be returned to the system for the next round of testing.
D. REASONABLE SUSPICION ALCOHOL TESTING
A. All persons who supervise CDL Holders shall undergo a minimum of one (1) hour of classroom training. The training shall minimally include:
1. Sixty (60) minutes of detecting and recognizing the physical, behavioral, speech, and performance indicators of probable alcohol misuse; particularly those associated with lower concentrations of alcohol.
B. When a trained supervisor or other trained County Official has reasonable suspicion that a covered (CDL) Holder may be under the influence of alcohol he/she shall;
1. Complete the Supervisors Report & the Supervisor's Report of Reasonable Suspicion following the appropriate instructions.
2. Contact the Chief, Division of Employee Relations, Chief of Security Operations and Agency Head to report the occurrence immediately. The supervisor will be given instructions as to what action should be taken. (i.e. drive the CDL Holder in question to the acknowledged site for breathalyzer testing or request that the CDL Holder stay in the area and await the arrival of a portable intoxylizer, etc.).
C. Alcohol testing is authorized by this section only if the required observations are made just before, during or immediately after performing safety-sensitive functions.
1. Alcohol testing shall be conducted no more than two (2) hours after the reasonable suspicion determination has been made by the supervisor.
2. If said testing is not performed within the two (2) hour period, a report shall be prepared by the supervisor and forwarded to the Division of Employee Relations indicating the reason(s) for not promptly administering same.
E. RETURN TO DUTY ALCOHOL TESTING
a. Prior to returning to a safety-sensitive function, any CDL Holder who was determined to have engaged in alcohol related conduct prohibited by this policy and the U.S. Department of Transportation Mandate, shall undergo a return to duty alcohol test and will be allowed to return only with a result of less than 0.02.
F. FOLLOW-UP ALCOHOL TESTING
a. Any CDL Holder who has required referral, evaluation and/or treatment by a Substance Abuse Professional (SAP) for alcohol use other than voluntary treatment at the employees own request not job related shall be subject to unannounced follow-up testing as directed by the SAP.
b. Follow-up testing for alcohol use as required by this section shall only be performed just before, during or immediately after performing a safety- sensitive function.
c. In no case shall said testing occur less than six (6) times in the first twelve (12) months following the CDL Holder's return to duty nor shall testing extend more than five (5) years from the time he/she returned to duty.
d. The SAP may terminate the requirement for follow-up testing at any time after the first six (6) tests have been administered if he/she determines that they are no longer required.
e. The employee shall be further evaluated by the SAP to ensure that he/she has properly followed any prescribed rehabilitation program.
- Controlled Substances Testing
All testing is to be done by a certified laboratory with the results being reviewed by a physician (Medical Review Officer - MRO).
Drug Testing is done by urine sample - fifty percent (50%) of test group (minimum for 5 drug types). Testing will be done for the following drugs:
Marijuana (THC Metabolite)
Opiates (including Heroin)
Tests are only used for screening and are not subject to legal action or to have violations applied to Commercial Driver's licenses (CDL).
1. CONTROLLED SUBSTANCES POSSESSION AND USE
a. No CDL Holder who may be required to perform a safety-sensitive function shall report for or remain on duty in violation of the FHWA Mandates.
1. If a CDL Holder is required to take a prescription medication pursuant to the instruction of a licensed physician, he/she shall provide documentation of same which effectually states that said medication does not adversely affect the ability to safely operate a commercial motor vehicle. This documentation shall be presented to the County's Medical Services Office.
b. No supervisor having actual knowledge that a CDL Holder has used a controlled substance shall permit the employee to perform or continue to perform safety-sensitive functions in violation of FHWA Mandates.
2. REQUIRED CONTROLLED SUBSTANCES TESTING
a. The County of Mercer upon making an approved offer of employment to an individual who shall be required by law to maintain a (CDL), shall inform said potential employee that the offer is contingent upon the successful completion of a test for alcohol and controlled substances use.
b. The potential employee shall present himself/herself at the testing site on their scheduled date and time, for a post-offer controlled substance urine test. This test shall be conducted in accordance with the mandates listed in of this policy and the U.S. Department of Transportation 49 CFR, Part 40. Additionally, the potential employee shall present him or herself to the County's Office of Medical Services for a physical examination after passing the pre-employment drug test.
c. Those CDL Holders who undergo a pre-employment controlled substances test in which the verified test results indicate positive use shall not be hired.
d. Current employees transferring from one position to another with the former not including a safety-sensitive function, shall undergo a pre-duty controlled substances test with a verified negative test result prior to beginning said functions.
B. POST-ACCIDENT CONTROLLED SUBSTANCES TESTING
a. In the event of an accident in which any person involved is fatally injured, the CDL Holder performing the safety-sensitive function is issued a police traffic summons for a moving violation as a result of said accident, said CDL -Holder shall be required to undergo a test for controlled substance use.
b. In the event of an accident occurring as described above, the CDL Holder shall be required to follow the reporting requirements in Section 12 and remain at the scene or readily available to undergo testing. for controlled substance use. He shall be escorted to the testing site by the Chief of Security operations, his designee and/or any other law enforcement official.
c. Any CDL Holder subject to post- accident testing as required by this section who leave the scene of an accident or fails to remain readily available for testing, shall be deemed to have refused to submit to a Controlled Substances Test. Such a refusal or verbally refuses to take the test once notification has been given shall be treated by the County of Mercer in the same manner as if the CDL Holder had a verified positive test for Controlled Substances Use.
d. All controlled substance testing required by this section shall be performed by the County of Mercer or its authorized agent as soon as practicable after the time of the accident. The time of the accident shall be determined by the hour utilized on the New Jersey Police Accident Report.
If a Controlled Substance Test required by this section is not administered within thirty-two (32) hours following the accident, the County of Mercer shall cease attempts to administer same and the Division of Employee Relations shall prepare and maintain on file, a report stating the reason why a test was not promptly administered.
e. Law Enforcement Agencies with the authority to do so, may perf orm the Controlled Substance Testing required by this section providing they are performed in compliance with the Federal Department of Transportation's requirements. The County of Mercer and CDL Holders described in this section shall comply with all Federal Regulations regarding punitive action whether the test is performed by law enforcement agencies described above or performed by contracted agents of the County.
C. RANDOM CONTROLLED SUBSTANCES TESTING
a. The County of Mercer shall test a minimum of fifty percent (50%) of its CDL Holders annually. The total number of this unannounced testing shall be based on the total number of affected CDL Holders.
b. A CDL Holder may be tested for controlled substance use at any time during normal working hours. Employees shall be escorted to the site by a supervisor. The employee after learning of their selection for testing shall remain in a specified area under supervisory observation at all times until being escorted to the testing site.
c. The selection of CDL Holders to be tested shall be completed in a lottery-type system. Once selected to undergo testing, the CDL Holder's name will be re-entered into the system for the next round of testing announcements. This ensures that each covered CDL Holder has an equal chance of being tested at least once annually-without elimination. The desired effect therefore, is that a CDL Holder may not be selected at all during the course of the year or he/she may be picked several times.
d. Upon notification of selection for testing, the CDL Holder shall report to the testing site. In the event that the selected CDL Holder is performing a safety-sensitive function at the time of notification, he/she shall cease said function consistent with safety, and proceed to the testing site as soon as possible.
e. In the event that the CDL Holder is off from work his/her name shall be returned for future selection and another CDL Holder shall be selected in his/her place.
D. REASONABLE SUSPICION CONTROLLED SUBSTANCES TESTING
a. All persons who supervise CDL Holders shall undergo a minimum of one (1) hour of classroom training. The training shall minimally include: Sixty (60) minutes of detecting and recognizing the physical, behavioral, speech and performance indicators of probable controlled substance use.
b. When a trained supervisor has reasonable suspicion that a covered CDL Holder may be under the influence of a controlled substance, he/she shall:
1. Complete the Supervisors Report and Supervisor's Report of Reasonable Suspicion form following the appropriate instructions.
2. Contact the Division of Employee Relations to report the occurrence immediately. The supervisor will be given instructions as to what action shall be taken. (i.e. drive the CDL Holder to the testing site, etc.).
c. Controlled substances Testing is authorized by this section at any time only if however, the required report is made and the observation report received by the Division of Employee Relations within 24 hours of said observation.
1. Controlled Substances Testing shall be performed within thirty-two (32) hours of the observation by the supervisor.
2. If said testing is not performed within the thirty-two (32) hour time period, a report shall be prepared by the supervisor and forwarded to the Division of Employee Relations indicating the reason(s) for not promptly administering same.
E. RETURN TO DUTY CONTROLLED SUBSTANCE TESTING
a. Prior to returning to a safety-sensitive function, any CDL Holder who was determined to have engaged in Controlled Substance Use prohibited by this policy, shall undergo a return to duty Controlled Substance Test with a verified negative result.
F. FOLLOW-UP CONTROLLED SUBSTANCE TESTING
a. Any CDL Holder who has required referral, evaluation, and/or treatment by the SAP for Controlled Substance use other than a voluntary request for help not job related may be subject to unannounced follow-up testing as directed by the SAP.
b. In no case shall said testing occur less than six (6) times in the first twelve (12) months following the CDL Holder's return to duty nor shall testing extend more than five (5) years from the time he/she returns to duty.
c. The SAP may terminate the requirement for follow-up testing at any time after the first six (6) tests have been administered if he/she determines that they are no longer required.
d. The CDL Holder shall be further evaluated by the SAP to ensure that he/she has properly followed any prescribed rehabilitation program.
- Penalites for Violation of Policy
IV. RECORD RETENTION, REPORTS, AND CONFIDIALITY
A. RETENTION OF RECORDS
a. The County of Mercer shall retain for a period of not less than five (5) years the following records relating to this policy;
1. Records of CDL Holder' s Alcohol Tests in which said results indicate an alcohol concentration of 0.02 or greater.
2. Records of CDL Holder's verified positive Controlled Substances Tests.
3. Documentation of refusals to submit to required Alcohol and/or Controlled Substances Tests.
4. Breath Testing Equipment calibration documentation.
5. CDL Holder's evaluations and referrals.
6. A copy of each calendar year summary required by the U.S. Department of Transportation and Federal Highway Administration.
b. The County of Mercer shall retain for a period of not less than two (2) years, the following records relating to this policy:
1. All records relating to the Alcohol and Controlled Substances collection process and training. This does not include calibration of breath testing devices as required by Section IV.:A(a)4.
c. The County of Mercer shall retain for a period of not less than one (1) year, the following records relating to this policy:
1. All records of negative and cancelled test results with an alcohol concentration of less than 0.02.
d. The County of Mercer shall maintain the following specific records:
1. Collection log books
2. All documents relating to the random selection process.
3. Calibration documentation for all breath testing devices.
4. Documentation of breath alcohol ,technician training.
5. All documents relating to decisions to administer reasonable suspicion testing in Alcohol and/or Controlled Substances.
6. All documents generated in connection with decisions on post-accident testing.
7. All documents verifying the existence of a medical explanation of the inability of a CDL Holder to provide adequate breath or to provide a urine specimen for testing.
8. Consolidated annual calendar year summaries as required by the U.S. Department of Transportation and the Federal Highway Administration.
9. The Employer's Copy of the Alcohol Test Form, including the test results.
10. The Employer's Copy of the Controlled Substance Test chain of custody and control form.
11. Documents sent by the Medical Review Officer to the County of Mercer.
12. Documents related to the refusal of any CDL Holder to submit to an Alcohol or Controlled Substances Test.
13. Documents presented by a CDL Holder to dispute the result of an Alcohol or Controlled Substances Test administered.
14. Records related to other violations of this policy.
15. Records pertaining to a determination by the SAP concerning a CDL Holder's need for assistance.
16. Records concerning a CDL Holder's compliance with the recommendations of the SAP.
17. Materials on alcohol misuse and Controlled Substance use, awareness, and a copy of this policy.
18. Documentation of training requirements of this policy including the CDL Holder's signed receipt of educational materials.
19. Documentation of training provided to supervisors for the purpose of qualifying them to make a determination concerning the need for Alcohol and/or Controlled Substances Testing based upon reasonable suspicion.
20. Certification that any training conducted relevant to this policy complies with the requirements of the U.S. Department of Transportation, Federal Highway Administration.
21. Any and all agreements with the Controlled Substances Testing laboratory utilized by the County of Mercer for complying with the Mandate of the U.S. Department of Transportation, Federal Highway Administration.
22. Names, positions, and roles of the persons employed by the County of Mercer who are responsible for maintaining compliance with the Mandates of the U. S. Department of Transportation, Federal Highway Administration.
23. Monthly laboratory statistical summaries of urinalyses performed by same.
24. The Drug Testing Policy of the County of Mercer.
25. The location of all records and the person responsible for maintaining said records.
a. Except as required by law or expressly authorized or required by the U.S. Department of Transportation, the County of Mercer shall not release CDL Holder information contained in records required to be maintained pursuant to Section IV.:A(a) et seq.
b. Any affected (CDL) Holder, currently employed by the County of Mercer, may request in writing copies of any written records pertaining to his/her own use of alcohol and/or controlled substances. There shall be no charge for these records.
c. CDL Holder's alcohol and controlled substance records shall be made available to a subsequent employer upon receipt of a written request from a CDL Holder. Disclosure by the subsequent employer is permitted only as expressly authorized by the term of the CDL Holder's request.
d. The County of Mercer may disclose information required to be maintained under this section pertaining to a CDL Holder, the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual, and arising from the results of an Alcohol and/or Controlled Substance Test administered under this policy if the County determines that the CDL Holder engaged in conduct prohibited by this policy (including, but not limited to, a Worker's Compensation, unemployment compensation, or other proceeding relating to a benefit sought by the CDL Holder).
e. The County of Mercer shall release information regarding a CDL Holder's records as directed by the specific, written consent of the CDL Holder authorizing release of the information to an identified person. Release of information by the person receiving same is permitted only in accordance with the terms of the CDL Holder's consent. A fee may be charged consistent with County Policy.
- Medical Review Officer (MRO)
A. The MRO shall be the only authorized physician employed by the agency contracting with the County of Mercer for controlled substance testing.
a. The MRO shall forward their company's copy of the Urine Testing, Custody and Control Form to the Division of Employee Relations upon collecting specimens for analysis by a certified laboratory.
b. The MRO shall ensure that the Division of Employee Relations receives copies of all verified results from laboratories either positive or negative.
1. If a Controlled Substance Test received is positive, the identity of the substances shall be included.
2. Under this policy, a verified positive test result allows the CDL Holder an opportunity for a test of the second or split sample as discussed in Section 9 of this policy. Upon notification by the laboratory that the initial sample is positive, the MRO shall contact the affected employee as soon as practicable, but in no case later than eight (8) hours.
3. The MRO shall also forward copies of the record which details the notification of the affected CDL Holder to the Division of Employee Relations.
c. The MRO shall also forward copies of the record which details the notification of the affected CDL Holder to the Division of Employee Relations.
d. The MRO shall maintain all dated records and notifications, identified by the CDL Holder, for a minimum of one(1) year for negative and cancelled Controlled Substances Test results.
e. The MRO shall not release any CDL Holder's Controlled Substances Test results to any person without first obtaining a specific, written authorization from the tested CDL Holder.
f. Nothing in this section shall prohibit the MRO from releasing Controlled Substances Test records to the County of Mercer, Federal Secretary of Transportation, any U.S. Department of Transportation Agency, or any state or local officials with the regulatory authority over the Controlled Substances Testing Program under Section 382.409 of the U.S. Department of Transportation.
- Employer Notifications
A. The County of Mercer shall notify a CDL Holder of the results of random, reasonable suspicion, and post accident tests for Controlled Substances conducted under this policy if the test results are verified positive. The CDL Holder shall also be informed of what substances were positive.
B. The County of Mercer may obtain, pursuant to a driver's written consent, any information concerning his or her alcohol and/or controlled substance use or testing from previous employers.
C. The County of Mercer shall obtain, pursuant to a driver's written consent, information regarding his or her alcohol tests with a concentration result of 0.040 or greater, positive controlled substances test results, and refusals to be tested within the preceding two (2) years, which are maintained by the driver's previous employers.
1. The above information shall be obtained and reviewed no later that 14 calendar days after the first time a driver performs safety-sensitive functions if it is not feasible to obtain said information prior to the driver performing safety-sensitive functions.
2. The County of Mercer shall not permit a driver to perform safety-sensitive functions after 14 days without obtaining the required information.
3. If the driver ceases performance of safety-sensitive functions before the 14 day time limit or before previous employer information is received, the County must still obtain the required information from the previous employers.
The County of Mercer is required to provide each former employer with specific, written authorization for the release of appropriate information.
4. The release of any information may take the form of personal interviews, telephone interviews, letters, or any other method of obtaining information that ensures confidentiality. The County shall maintain a written, confidential record with respect to each former employer contacted.
5. The County of Mercer shall not use any driver to perform safety-sensitive functions if any information obtained indicates that he or she tested with an alcohol concentration of 0.040 or greater, verified positive controlled substance test result, or refusal to be tested, without obtaining information on a subsequent substance abuse professional evaluation.
- Controlled Substances Test Procedures
A. Upon notification to report to the MRO for a Controlled Substances Test, the CDL Holder shall;
1. Provide positive identification of his/her identity such as a County Identification Card, photo identification, or a valid photo driver's license.
2. At the direction of the MRO' S medical staff, complete the Controlled Substance Use Consent/Authorization Form.
3. At the direction of the MRO'S staff, complete the required sections of the Urine Testing, Custody and Control Form provided by a certified laboratory.
4. At the direction of the MRO'S staff, the selected employee shall provide a minimum of forty-five (45) milliliters of urine in an approved container.
5. In the event the CDL Holder cannot provide the required amount of urine for the test, he/she shall be instructed to drink no more than twenty-four (24) ounces of fluid and after a period of up to two (2) hours, again attempt to provide a complete sample.
6. If the CDL Holder is still unable to provide the required amount, attempts at testing shall be discontinued and he/she shall be referred to a medical doctor. If there is no medical reason for the inability to provide the required specimen, the CDL Holder shall be deemed to have refused the test and penalized accordingly.
7. If a prospective CDL Holder is unable to provide sufficient urine for testing, he/she shall bear the cost of a medical referral.
8. The collector shall, with the selected CDL Holder witnessing, split the sample into two (2) separate units consisting of thirty (30) milliliters in one and fifteen milliliters in the other.
9. While the selected CDL Holder is witnessing the procedure, the collector shall then place both specimen bottles in the proper chain of custody specimen bag, sealing same and placing it in the kit box.
10. The selected CDL Holder shall witness the closure and sealing of the kit box with the BOX SEAL.
11. The selected CDL Holder shall witness the collector signing and dating the BOX SEAL.
12. The MRO shall place the sealed kit in a locked location to be held for pickup and delivery to a certified laboratory.
13. The testing of the thirty (30) milliliter specimen shall be performed by a certified laboratory and the fifteen (15) milliliter sample stored. Both shall be in accordance with the U.S. Department of Transportation Regulations.
14. In the event that the first sample tests positive for Controlled Substance Use, the results will be transmitted to the MRO. The MRO will contact the Division of Employee Relations and the CDL Holder within eight (8) hours of test results and advise him/her of the results. At that time the MRO shall advise the CDL Holder that he/she may not perform safety-sensitive functions and that at that time, or within seventy-two (72) hours, he/she may request in writing a test of the split sample. The MRO shall transmit the request for a second analysis to a certified laboratory. The laboratory will then forward the split sample to a second facility for analysis. The CDL Holder shall not perform safety-sensitive functions until:
a. The test of the split sample indicates a verified negative Controlled Substances Test result or,
b. The CDL Holder is referred, evaluated, and treated if necessary, in the event the split sample verifies a positive test result.
- Breath Alcohol Testing Procedures
a. Upon receiving notification to report for a random, follow-up, post-accident or pre-employment breath alcohol test, the CDL Holder shall:
1. Provide positive identification of his/her identity such as County identification card, photo identification card, or a valid photo driver's license.
2. Complete the appropriate sections of the - U.S. Department of Transportation Breath Alcohol Testing Form.
3. The collector shall perform the calibration of the breath testing unit and the breath alcohol test in accordance with the Breathalyzer Operational Checklist from the manufacturer.
4. In the event of a test result of 0.02 or greater and less than 0. 04, the CDL Holder will be given a second test within fifteen (15) minutes and no longer than twenty (20) minutes.
a. If the CDL Holder again tests at 0.02 or greater and less than 0.04, he/she shall be removed from safety-sensitive functions as outlined in Section Ill. A(c) of this policy if the CDL Holder's breath test indicates an a1coho1 concentration of 0.02 or greater but less than 0.04, the. CDL Holder shall not be permitted to perform safety-sensitive functions until the next scheduled work period providing twenty-four (24) hours has elapsed or a retest indicates the a1coho1 concentration has fallen below 0.02.
b. If the CDL Holder tests at 0.04 or greater, he/she shall be removed from safety-sensitive functions as outlined in Section III. of this policy.
If the CDL Holder's breath test indicates an a1coho1 concentration of 0.04 or greater, said CDL Holder shall not return to a safety- sensitive function until evaluated, treated if required by a Substance Abuse Professional (SAP), and retested with a result below 0.02.
C. No CDL Holder shall refuse to submit to a breath alcohol test required by this policy.
- Referral to a Substance Abuse Professional (SAP)
A. If a referral to the (SAP) is required as a result of alcohol and/or controlled substances use as specified by this Policy, the County MRO shall recommend same.
a. Upon referral, the CDL Holder shall be required to abide by his/her recommendations for return to duty.
- Accident Reporting Procedures
A. Upon being involved in a motor vehicle accident while operating a commercial motor vehicle, the operator shall:
a. Contact a County Supervisor and the Chief os Security Operations by the fastest possible means, relating the vehicle identification number, and the location of the accident.
b. The County Supervisor shall notify the Sheriff's Office and law enforcement agency having jurisdiction to respond. Additionally, the Supervisor shall contact the Office of Security operations, Risk Management and the Division of Employee Relations.
c. The County Supervisor shall respond to the scene of the accident if possible and/or practical.
d. The County Supervisor shall contact the Division of Employee Relations, Office of Security Operations and the Office of Risk Management in the event of a fatality or if the CDL Holder of the commercial motor vehicle will receive "a police traffic summons for a moving violation.
e. Upon receipt of the message that one of the above incidents has occurred, the supervisor will be informed as to what action to take.
B. This section is in no way intended to prevent an injured person from getting immediate medical attention.
C. No CDL Holder involved in a motor vehicle accident shall consume alcoholic beverages for a period of eight (8) hours immediately preceding same or until after a breath alcohol concentration test has been performed whichever comes first.
- CDL Forms
APPLICANT CONSENT FORM
MANDATED DRUG/ALCOHOL TESTING
COMMERCIAL DRIVER'S LICENSE (CDL)
In compliance with the Omnibus Transportation Employee Testing Act of 1991 and the rules mandated by The Federal Highway Administration and the U.S. Department of Transportation, I hereby do give my consent to The County of Mercer and _________________________________(site), and __________________________________
Laboratories, Inc. to perform the appropriate tests to identify the presence of drug and alcohol. I further give my permission to release the results of the test to the Division of Employee Relations, the County of Mercer.
I Understand that if my test for drug/alcohol is returned as positive, it will result in my not being considered for employment with Mercer County Government.
MANDATED DRUG/ALCOHOL TESTING
In compliance with the Department of Transportation's Mandated Random ALCOHOL/DRUG TESTING RULE, to become effective January,1995, I acknowledge that I have received the MANDATED Training on __________________________and received a copy of Mercer County's Policy and Procedures on the Mandated Drug/Alcohol Testing.
I understand that testing results and records will be maintained in strict confidentiality by the Division of Employee Relations, the drug testing laboratory and the Medical Review Officer (MRO).
I understand that I have any questions, regarding this Mandated Policy, I may contact the Division of Employee Relations.
EMPLOYEE SIGNATURE __________________________________
EMPLOYEE NAME (PRINTED)______________________________________
SUPERVISOR'S REPORT OF REASONABLE SUSPICION
Instructions For Completing This Report
1. This report must be filled out immediately after making the observation.
2. The Supervisor completing this report must indicate the appropriate information requested in sections I through 9.
3. Print, sign and date the report (section 10).
4. Advise the CDL Holder that you have reason to suspect that he/she may be under the influence of alcohol and/or controlled substances pursuant to the information contained in the report form.
5. Contact the Division of Employee Relations to initially report the incident. You will be advised at that time of what action is to be taken.
6. Upon meeting with the MRO, give the report form to same. A case number will be assigned at that time. You will be asked to depart from the area to ensure privacy. Upon completion of the reading of Standard Operational Procedures and the signing of the Standard Release From Liability, a breath alcohol/controlled substance test may be performed.
7. Upon completion of the testing process, you will be advised of the outcome and what course of action is to be taken.
8. The ORIGINAL copy of the report will be given to the CDL Holder, a copy shall be retained by the supervisor and a final copy will be retained in the employee's file.
- Employee Safeguards
1. The names of all supervisory employees who will be trained and authorized to follow-up on reasonable suspicion will be made available to the Union.
2. Anonymous tips can not be a basis of reasonable suspicion.
3. Written observation records must be completed by the supervisor for reasonable suspicion incidents.
4. Records concerning an employee's treatment for alcoholism, drug or stress related problems shall remain strictly confidential and shall remain separate from other personnel materials.
5. Employees who enter rehabilitation voluntarily will be entitled to use their accumulated vacation time and sick time balances if they so choose.
6. Discipline resulting from violation of the alcohol and controlled substances policies shall be progressive and subject to the appeal process for disciplinary action.
7. Employees who are called in for emergency or snow situations during off-duty time and have been drinking should notify the appropriate supervisory personnel with no fear of consequence and arrangements may be made to report later.
8. The County shall make all reasonable efforts to afford employees the right to union representation whenever an employee is directed to submit to an alcohol or drug test. All issues relating to implementation of the DOT alcohol and drug testing regulations for employees covered by these regulations are subject to the grievance procedure. Where an employee's grievance is sustained, the employee shall be made whole and have all adverse references related to alcohol or controlled substances use or testing removed from the employee's records.
9. The County agrees to hold the Union harmless in any litigation that arises from the County's negligence in implementing the alcohol and controlled substances testing program.
10. Employees should keep current prescription medicine prescriptions on file with the Office of Personnel.
ACCIDENT An accident occurs when either -road vehicle involved suffers disabling damage
and is towed away from the scene or there has been an injury requiring
immediate medical treatment away from the scene or a human fatality.
ALCOHOL The intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols including methyl and isopropyl alcohol.
ALCOHOL USE The consumption of any beverage, mixture, or preparation, including any
medication, containing alcohol.
COMMERCIAL A motor vehicle or combination of motor vehicles in commerce to transport
(CNV) passengers or property if the motor vehicle:
1. has a gross combination weight rating of 26, 001 or more pounds inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000 pounds;
2. has a gross vehicle weight rating of 26,001 or more pounds;
3. is designed to transport sixteen (16) or more passengers including the driver; or
4. is of any size and is used in the transportation of materials found to be hazardous for the purposes of
the Haz-Mat Transportation Act and which requires the motor vehicle to be placarded under the Haz-Mat
Regulations (49CFR Part 172,-Subpart F).
COMMERCIAL Any person who, pursuant to law, is required to possess a
DRIVER'S Commercial Driver's License (CDL).
DOT Department of Transportation
FHWA Federal Highway Administration
FTA Federal Transit Administration
MOVING Any violation of State Law, which results in the issuance of a police summons which is directly related
VIOLATION to the movement of a vehicle.
MEDICAL A licensed physician (medial doctor or REVIEW doctor of osteopathy) responsible for receiving
OFFICER laboratory results generated by an employer' s drug testing program who has knowledge of substance
(MRO) abuse disorders and has appropriate medical training to interpret and evaluate an individual's
confirmed positive test results together with his/her medical history and any other relevant biomedical
SAFETY A job for which the operation or ability to operate any vehicle for which a Commercial Driver's License
SENSITIVE (CDL) is required by law.
SPLIT SPECIMEN An additional specimen collected with the original specimen, to be tested in the event the original
specimen tests positive.
SUBSTANCE A licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist,
ABUSE social worker, employee assistance professional, or addiction counselor (certified by the National
PROFESSIONAL Association of Alcoholism and Drug Abuse Counselors Certification Commission), with knowledge of
(SAP) and clinical experience in the diagnosis and treatment of drug and alcohol-related disorders.