ARTICLE V. - CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY FOR EMPLOYEES (CMV DRIVERS)
Part of the Code of Ordinances of Scituate, RI.
The text
Sec. 2-146. - Introduction.#
The following is the policy of the town, department of public works regarding testing for controlled substances and alcohol of those employees who operate certain commercial motor vehicles which require a commercial driver's license. A discussion of the physical effects of alcohol and certain controlled substances on the body is also included. The name and telephone number of the person who can answer any questions about this controlled substance and alcohol policy and assist you in any abuse situation appears on the last page of this policy.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-147. - Terms and abbreviations.#
(a)
Terms:
table NOT(\@selectout) do_table... BAT Breath alcohol technician
CDL Commercial driver's license
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DHHS Department of health and
human services
DOT Department of transportation
EBT Evidential breath testing device
FHWA Federal Highway Administration
MRO Medical review officer
SAP Substance abuse professional
STT Screening test technician
(b)
Definitions:
Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol, including methyl and isopropyl alcohol.
Alcohol concentration or content. The alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten (210) liters of breath as indicated by an evidential breath test. For alcohol screening tests, certain approved nonevidential tests may be used.
Alcohol use. The consumption of any beverage, mixture or preparation, including any medication, containing alcohol.
Breath alcohol technician. An individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing (EBT) device.
Confirmation test. For alcohol testing, a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing, a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.
Controlled substance. Unless otherwise provided, this term refers to: (1)
Marijuana
(2)
Cocaine
(3)
Opiates
(4)
Phencyclidine (PCP)
(5)
Amphetamines, including methamphetamines
Disabling damage. Damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. (1)
Inclusions: Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.
(2)
Exclusions:
a.
Damage which can be remedied temporarily at the scene of the accident without special tools or parts;
b.
Tire disablement without other damage, even if no spare tire is available;
c.
Headlight or taillight damage;
d.
Damage to turn signals, horn or windshield wipers which may make them inoperable.
Driver. Any person who operates a commercial motor vehicle, including, but not limited to: (1)
Full time, regularly employed drivers;
(2)
Casual, intermittent or occasional drivers;
(3)
Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer or operate a commercial motor vehicle at the direction of or with the consent of an employer.
Evidential breath testing device. An EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL), and identified in the CPL as conforming with the model specifications available from the NHTSA, office of alcohol and state programs.
Licensed medical practitioner. A person who is licensed, certified and/or registered, in accordance with applicable federal, state, local or foreign laws and regulations, to prescribe controlled substances and other drugs.
Medical review officer. A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's controlled substances testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test results together with his or her medical history and any other relevant bio-medical information.
Screening test. (Also known as an initial test.) In alcohol testing, an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath or other specimen. In controlled substances testing, an immunoassay screen to eliminate "negative" urine specimens from further analysis.
Substance abuse. Refers to patterns of controlled substance and/or alcohol abuse that results in health consequences and/or impairment in social, psychological and occupational functioning.
Substance abuse professional. A licensed physician (medical doctor or doctor of osteopathy), or licensed or certified psychologist, social worker, or employee assistance professional or an addition counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse). All must have knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
Screening test technician. An individual who instructs and assists individuals in the alcohol screening testing process and operates a nonevidential alcohol screening device.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-148. - Drivers subject to controlled substances and alcohol testing.#
(a)
As mandated by the Omnibus Transportation Employee Testing Act of 1991, DOT/FHWA controlled substances and alcohol testing regulations apply to every person who operates a commercial motor vehicle in commerce in any state, and is subject to the commercial driver's license requirements of 49 C.F.R. Part 383, the Licencia Federal de Conductor (Mexico) requirements, or the CDL requirements of the Canadian National Safety Code, collectively referred to as "CDL".
(b)
The drivers tested under this policy are those required to have a commercial driver's license (CDL), as outlined above, and operate a commercial motor vehicle which is a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(1)
Has a gross combination weight rating of twenty-six thousand one (26,001) or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand (10,000) pounds;
(2)
Has a gross vehicle weight rating of twenty-six thousand one (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 Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations, 49 C.F.R. Part 172, Subpart F.
(c)
There are three (3) exceptions to the testing requirements. Part 382 does not apply to employers and their drivers:
(1)
Required to comply with the alcohol and/or controlled substances testing requirements of Parts 653 and 654 of Title 49 of the C.F.R. (Federal Transit Administration alcohol and controlled substances testing regulations); or
(2)
Who a state must waive from the requirements of 49 C.F.R. Part 383, including active duty military personnel; members of the reserves, members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or
(3)
Who have been granted an optional waiver from the requirements of 49 C.F.R. Part 383 by the state.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. 1-8-98)
Sec. 2-149. - Safety sensitive functions.#
A safety sensitive function means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Performing a safety-sensitive function means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive function. A safety-sensitive function includes all time by a driver spent: (1)
At an employer 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 from the employer;
(2)
Inspecting service brakes, including trailer brake connections, parking (hand) brakes, steering mechanism, lighting devices and reflectors, tires, horn, windshield wiper(s), rear vision mirrors, coupling devices, fire extinguisher, spare fuses, warning devices for stopped vehicles, flare producing devices, emergency reflective triangles, red emergency reflectors, fuses or liquid burning flares, or red flags;
(3)
Inspecting, servicing, or conditioning any CMV at any time;
(4)
At the driving controls of a CMV in operation;
(5)
Other than driving time, in or upon any CMV except time spent resting in a sleeper berth conforming to the requirements of 49 C.F.R. 393.76;
(6)
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;
(7)
Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-150. - Prohibited conduct by drivers.#
(a)
Controlled substances prohibitions:
(1)
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in this policy, who has advised the driver that the substance will not adversely affect the driver's ability to safely operate a CMV.
(2)
No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances.
The town, department of public works requires a driver to inform the town, department of public works of any therapeutic drug use.
(b)
Alcohol prohibitions:
(1)
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
(2)
No driver shall use alcohol while performing safety-sensitive functions.
(3)
No driver shall perform safety-sensitive functions within four (4) hours of using alcohol.
(4)
No driver required to take a post-accident alcohol test under 49 C.F.R. 382.3039 shall use alcohol for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
(c)
General prohibitions: No driver shall refuse to submit to a post-accident alcohol or controlled substance test required under 49 C.F.R. 382.303, a random alcohol or controlled substances test under 49 C.F.R. 382.305, a reasonable suspicion alcohol or controlled substances test required under 49 C.F.R. 382.307, or a follow-up alcohol or controlled substances test required under 49 C.F.R. 382.311.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-151. - When a driver can be tested.#
There are five (5) situations when controlled substances and/or alcohol testing must be done under DOT/FHWA regulations, 49 C.F.R. Part 382. Drivers are required by federal law to submit to alcohol and controlled substances testing as described in this policy. (1)
Pre-employment testing.
a.
Prior to the first time a driver performs safety-sensitive functions for the town, department of public works, the driver will undergo testing for controlled substances.
b.
No driver will be hired or allowed to perform a safety-sensitive function for the town, department of public works until the driver has received a controlled substances test result from the MRO indicating a verified negative test result.
c.
Such testing is not performed if the driver meets the exceptions of 49 C.F.R. 382.301(c), which states that an employer is not required to administer controlled substances test required by 382.301(a) if (1) the driver has participated in a controlled substances testing program that meets the requirements of 49 C.F.R. Part 382 within the previous thirty (30) days; and (2) while participating in that program, either: (i) was tested for controlled substances with the past six (6) months (from the date of application with the employer) or (ii) participated in a random controlled substances testing program for the previous twelve (12) months (from the date of application with the employer); and (3) the employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of 49 C.F.R. Part 32 or the controlled substance use rule of another DOT agency within the previous six (6) months.
(2)
Post accident testing.
a.
As soon as practicable following an accident involving a CMV operating on a public road in commerce, the town, department of public works will test for alcohol and controlled substances each surviving driver:
1.
Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
2.
Who receives a citation under state or local law for a moving traffic violation arising from the accident, if the accident involved:
i.
Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
ii.
One (1) or more motor vehicles incurring disabling damage as a result of the accident requiring the motor vehicle to be transported away from the scene by tow truck or other motor vehicle.
b.
This section does not apply to: (a) an occurrence involving only boarding or alighting (dismounting) from a stationary motor vehicle; or (b) an occurrence involving only the loading or unloading of cargo; or (c) an occurrence in the course of the operation of a passenger car or multi-passenger vehicle (as defined in 49 C.F.R. 571.3) by an employer unless the motor vehicle is transporting passengers to for hire or hazardous materials of a type and quality that require the motor vehicle to be marked or placarded in accordance with 49 C.F.R. 177.823.
c.
Alcohol tests will be administered within eight (8) hours of the accident, and controlled substances tests will be administered within thirty-two (32) hours after the accident.
d.
A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the town, department of public works to have refused to submit to testing.
e.
Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following 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.
f.
The results of a breath or blood test for the use of alcohol, conducted by Federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, state, or local alcohol testing requirements, and that the results of the tests are obtained by the town, department of public works. The results of a urine test for the use of controlled substances, conducted by Federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, state, or local controlled substances testing requirements, and that the results of the tests are obtained by the town, department of public works.
(3)
Random testing:
a.
Unannounced random testing will be conducted at certain rates for both alcohol and controlled substances, and will be spread throughout the calendar year.
b.
Each driver will have an equal chance of being tested each time selections for random testing are made.
c.
Random alcohol testing will be performed 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.
d.
Random controlled substances testing will be conducted at any time the driver is working for the town, department of public works.
e.
Each driver who is notified of selection for random alcohol and/or controlled substance testing shall proceed immediately to the test site; provided, however, that if the driver is performing a safety-sensitive function other than driving a commercial motor vehicle, at the time of notification, the town, department of public works will instead ensure that the driver ceases to perform the safety-sensitive function and proceed to the testing site as soon as possible.
(4)
Reasonable suspicion testing:
a.
The required observations for reasonable suspicion testing for controlled substances and/or alcohol must be made by a town, department of public works supervisor or official who is trained in accordance with 49 C.F.R. 382.603.
b.
The person who makes the determination that reasonable suspicion exists to conduct an alcohol test cannot conduct the alcohol test of the driver.
c.
A driver must submit to a controlled substances test when the town, department of public works has reasonable suspicion to believe that the driver has violated the alcohol prohibitions listed in this policy.
d.
A driver must submit to a controlled substances test when the town, department of public works has reasonable suspicion to believe that the driver has violated the controlled substances prohibitions listed in this policy.
e.
The town, department of public works determination that reasonable suspicion exists to require the driver to undergo an alcohol and/or controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, speech or body odors of the driver. Observations for a controlled substances test may include indications of the chronic and withdrawal effects of controlled substances.
f.
Reasonable suspicion alcohol testing may only be performed if the required observations are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this policy.
g.
Drivers may be directed by the town, department of public works to undergo reasonable suspicion testing 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.
h.
Reasonable suspicion alcohol tests will be performed within eight (8) hours of the determination that such testing is required.
i.
Notwithstanding the absence of a reasonable suspicion alcohol test, no driver shall report for or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, until:
1.
An alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or
2.
Twenty-four (24) hours have elapsed following the determination under this section that there has been reasonable suspicion to believe that the driver has violated the prohibitions listed in this policy concerning the use of alcohol.
(5)
Return to duty and follow-up testing.
a.
Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging the alcohol prohibitions listed in this policy, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.
b.
Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging the controlled substances prohibitions listed in this policy, the driver shall undergo a return-to-duty controlled substances with a result indicating a verified negative result for controlled substance use.
c.
Following a determination under the procedure outlined in 49 C.F.R. 382.605(b) that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the driver will be subject to unannounced follow-up alcohol and/or controlled substances testing as directed by a substance abuse professional in accordance with 49 C.F.R. 382.605(c)(2)(ii).
d.
Follow-up alcohol testing will be conducted only when the driver is performing safety-sensitive functions, just before performing safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions.
e.
A driver identified as needed assistance in resolving problems associated with alcohol misuses or controlled substances use will (1) be evaluated by a substance abuse professional to determine that the driver has properly followed any rehabilitation program prescribed under 49 C.F.R. 382.605(b), and (2) 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 tests will be as directed by the SAP, and will consist of at least six (6) tests in the first twelve (12) months following the driver's return to duty. Follow-up testing will not exceed sixty (60) months form the date of the driver's return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six (6) tests have been administered, if the SAP determines that such testing is no longer necessary.
f.
Drivers may be directed by the town, department of public works to undergo return-to-duty and follow-up testing for both alcohol and controlled substances, if the SAP determines that return-to-duty and follow-up testing for both alcohol and controlled substances are necessary for that particular driver.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-152. - Refusal to submit to testing.#
(a)
Refusal to submit to an alcohol or controlled substances test means that a driver:
(1)
Fails to provide adequate breath for alcohol testing as required by 49 C.F.R. Part 40 without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of 49 C.F.R. Part 382;
(2)
Fails to provide an adequate urine sample for controlled substances testing as required by 49 C.F.R. Part 40 without a genuine inability to provide a specimen (as determined by a medical evaluation) after he or she has received notice of the requirement for urine testing in accordance with the provisions of 49 C.F.R. Part 382; or
(3)
Engages in conduct that clearly obstructs the testing process.
(b)
The testing required by this policy is mandated by department of transportation/Federal Highway Administration regulations pursuant to the Omnibus Transportation Employee Testing Act of 1991, and is not optional for employers and drivers unless indicated. A driver's refusal to submit to testing is discussed above in the section on prohibited conduct by drivers. In short, a driver who refuses to be tested cannot perform a safety-sensitive function. An applicant for a driver position cannot be hired for that position if he or she refuses to submit to the required testing.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-153. - Testing procedure.#
The town, department of public work's testing will be conducted pursuant to applicable federal laws and regulations, including but not limited to, 49 C.F.R. Parts 40 and 382. Portions of the actual procedures for both controlled substances and alcohol testing are highlighted below.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-154. - Controlled substance testing procedure.#
The procedures used to test for the presence of controlled substances are designed to protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver. The DOT regulations specifically set forth how this is accomplished. The exact procedures are set forth in 49 C.F.R. Parts 40 and 382. The town, department of public works' third party administrator for controlled substances and alcohol testing, occupational health and rehabilitation, will also comply with these federally mandated requirements. Employees should, however, be aware of the following: (1)
Testing will be done by urine sample.
(2)
With certain exceptions, collection of samples will be done in private.
(3)
Certain precautions will be taken to ensure the integrity and identity of the specimen. See 49 C.F.R. 40.25(f), (g), (h).
(4)
A MRO will review confirmed positive results.
(5)
After a confirmed positive test result, the MRO will contact the employee to inform the employee that he or she has seventy-two (72) hours to request reanalysis of the original specimen or analysis of the split specimen, depending on the method of collection used.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-155. - Alcohol testing procedures.#
The procedures used to test for the presence of alcohol are designed to protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver. The DOT regulations specifically set forth how this is accomplished. The exact procedures are set forth in 49 C.F.R. Parts 40 and 382. The town, department of public works' third party test administrator for controlled substances and alcohol testing, Occupational Health and Rehabilitation, will also comply with these federally mandated requirements. Employees should, however, be aware of the following: (1)
With certain exceptions, alcohol tests will be conducted in private.
(2)
The employee being tested is required to provide the BAT with positive identification.
(3)
Upon request by the employee, the BAT will provide positive identification to the employee.
(4)
The BAT will explain the testing procedure to the employee.
(5)
Screening tests will follow the procedures set forth in 49 C.F.R. 40.63, and confirmation tests will follow the procedures set forth in 49 C.F.R. 40.65.
(6)
If the result of the screening test is an alcohol concentration of 0.02 or greater, a confirmation test will be conducted.
(7)
If the confirmation test is to be conducted at a different site from the screening test, the employee cannot drive, perform safety-sensitive duties, or operate heavy equipment.
(8)
If the result of the screening test is an alcohol concentration of less than 0.02, no further testing is required, and the result will be transmitted to the town, department of public works.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-156. - Consequences of violating the controlled substances and alcohol prohibitions.#
(a)
Except as otherwise provided in this policy, no driver shall perform safety-sensitive functions, including driving a CMV, if the driver has engaged in the conduct prohibited by this policy in the section entitled "PROHIBITED CONDUCT" (section 2-150) or an alcohol or controlled substances rule of another United States Department of Transportation agency. For the purposes of this section, "CMV" means a CMV in commerce as identified in this policy and a CMV in interstate commerce as defined in 49 C.F.R., Part 390. No driver who has engaged in the conduct prohibited by this policy in the section entitled "PROHIBITED CONDUCT" (section 2-150) shall perform safety-sensitive functions, including driving a CMV, unless the driver has met the requirements for referral, evaluation and treatment listed in this policy.
(b)
No driver tested under the alcohol testing requirements of the DOT/FHWA listed in this policy who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for the town, department of public works, including driving a CMV, until the start of the driver's next regularly scheduled duty period, but not less than twenty-four (24) hours following the administration of the test.
(c)
Drivers who have engaged in conduct prohibited by this policy in the section entitled "PROHIBITED CONDUCT" (section 2-150) will be advised by the town, department of public works 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. Some of this information is listed in this policy under the heading "AVAILABLE ASSISTANCE" (section 2-157).
(d)
Drivers who have engaged in conduct prohibited by this policy in the section entitled "PROHIBITED CONDUCT" (section 2-150) will be evaluated by a SAP who will determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substance use.
(e)
In the event that a driver is returned to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by this policy in the section entitled "PROHIBITED CONDUCT," (section 2-150) the driver shall undergo a return-to-duty alcohol testing 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.
(f)
The requirements of this policy with respect to referral, evaluation and rehabilitation do not apply to applicants who refuse to submit to a pre-employment controlled substances test or who have a pre-employment controlled substances test with a verified positive result.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-157. - Available assistance.#
(a)
The DOT/FHWA regulations require the town, department of public works to provide employees who have violated the prohibitions in listed in the section entitled "PROHIBITED CONDUCT" (section 2-150) with evaluation by a substance abuse professional.
(b)
If an employee would like further information or assistance on alcohol or controlled substance issues, the employee may do so on a confidential basis through the town, department of public works' employee assistance program (EAP).
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-158. - Effects of controlled substances and alcohol on health, work and personal life.#
The hazards of use of illegal controlled substances and misuse of alcohol extend far beyond the individual user. Impaired employees endanger themselves, are more likely to injure fellow workers and other users of our highways. Employees with controlled substances or alcohol in their systems are less productive and more likely to injure themselves or other persons in an accident. Such abusing employees increase the costs related lost productivity, absenteeism, accidents, theft, and treatment and deterrence programs. Also, medical costs are high and are passed on to the employee. Alcohol remains the number one abused substance in this country. Alcohol consumption causes a number of changes in behavior. Even low doses can impair the judgment and coordination required for driving. Low to moderate doses increase the incidents of a variety of aggressive acts. Moderate to high doses caused marked impairments in heightened mental functions, severely altering a person's ability to learn and remember information. Very high doses of alcohol will cause respiratory depression and death. If combined with other depressant drugs, much lower doses of alcohol will produce the effects just described. Long-term consumption of large quantities of alcohol can lead to permanent damage to vital organs such as the brain and the liver.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-159. - Signs and symptoms of a controlled substance or alcohol problem.#
(a)
Alcohol, a nervous system depressant, is the most widely abused substance. About half of all auto accident fatalities in this country are related to alcohol use. A twelve-ounce can of beer, a 5-ounce glass of wine and a one and one-half-ounce shot of hard liquor all contain the same amount of alcohol. Each one-half-ounce of alcohol takes the average body about on hour to and eliminate. Coffee, cold showers and exercise do not hasten sobriety.
(b)
Alcohol first acts on those parts of the brain that affect self-control and other learned behaviors. Low self-control often leads to the aggressive behavior associated with some people who drink. In large doses, alcohol can dull sensation and impair muscular coordination, memory, and judgment. Taken in larger quantities over a long period of time, alcohol can damage the liver and heart and can cause permanent brain damage. On the average, heavy drinkers shorten their life spans by about ten (10) years.
(c)
Controlled substances can show their effects in many different ways. Some of the most noticeable signs of controlled substance use are drowsiness, respiratory depression, constricted pupils, nausea, slurred speech, excitement, loss of appetite, poor perception of time and distance, related inhibitions, disoriented behavior, watery eyes, runny nose, chills and sweats, convulsions, apathy, depression and the use of drug paraphernalia.
(d)
Some of the signs and symptoms of alcohol use are the odor of alcohol, slurred speech, staggering, tremors, vomiting, cramps, delirium, loss of appetite, using arms for balance, leaning against walls and doorways, swaying while maintaining balance, and confusion.
(e)
Multiple substance abuse is abuse of more than one (1) controlled substance, either at the same time or over a period of time and it may involve any combination of:
(1)
Alcohol.
(2)
Prescription drugs.
(3)
Over-the-counter drugs.
(4)
Illegal drugs.
Multiple substance abuse is especially dangerous because different substances interact with each other to produce unexpected effects and danger.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-160. - Methods of intervention for suspect controlled substance or alcohol problems.#
(a)
Substance and alcohol abuse is a complex problem calling for specialized supervision and care. Don't help or aid a person who you think has an alcohol or substance abuse problem. Don't make excuses for them, don't do their work for them, don't look the other way. The problem is not going to go away. Don't enable the person to continue the controlled substance or alcohol abuse. If an employee thinks a co-worker has a controlled substance or alcohol problem, referral to management is one option to attempt to resolve the problem.
(b)
Leave the treatment and counseling of a person with an abuse problem to the professionals. The DOT regulations require that the person with a problem be evaluated by a professional such as a physician, psychologist, or other person with knowledge of abuse and clinical experience in the diagnosis and treatment of controlled substance and alcohol related disorders.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-161. - Discipline.#
(a)
The town, department of public works has adopted additional employee policies with respect to the use or possession of alcohol or controlled substances, including consequences for a driver found to have a specified alcohol or controlled substance level, based upon the employer's authority independent of the DOT/FHWA Federal Regulations.
(b)
The town, department of public works adopts the following discipline policy which is to be appended and implemented in conjunction with the town substance and alcohol testing policy reviewed by the town council on January 11, 1996.
(c)
In addition to all of the consequences set forth in such policy, such consequences being incorporated herein by reference, any employee found to have violated the policy shall be disciplined as follows:
(1)
First offense: Suspension from job without pay for up to fourteen (14) days and a letter of reprimand in personnel file at the discretion of the director of public works.
(2)
Second offense: Suspension from job without pay for at least fourteen (14) days up to and including termination and a letter of reprimand in the personnel file at the discretion of the director of public works.
(3)
Third offense: Termination.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-162. - Sources of assistance and help.#
(a)
Listed below are sources of help and information:
National Clearinghouse for Drug and Alcohol Information
Monday—Friday
1-800-729-6686 The National Federation of Parents for Drug-Free Youth
Monday—Friday
1-900-554-Kids National Council on Alcoholism
7 days a week, 24 hours a day
1-800-622-2255 Parents' Resource Institute for Drug Education (PRIDE)
Monday—Friday
1-800-241-9746 Cocaine Helpline
Monday—Friday
Saturday and Sunday, 12:00 p.m.—3:00 a.m.
(b)
For information on where to find treatment for controlled substance and alcohol problems, the best place to look in the yellow pages is under "drug abuse and addiction" or "alcoholism information." Usually there is a listing of the nearest council on alcoholism (or council on drug and alcohol abuse). These councils provide information over the phone on the availability of the nearest alcohol treatment programs. Alcoholics anonymous (AA) or narcotics anonymous (NA) may also be listed. Both offer immeasurable help in enabling people to cope with problems with alcohol and other controlled substances.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-163. - Person identified to answer questions.#
As part of the town, department of public works' policy to ensure fair and equal treatment of drivers, the town, department of public works understands that there may be questions and concerns involving the controlled substances and alcohol testing policy. To assist drivers in understanding the requirements placed on drivers and the town, department of public works, the risk and claims control manager at the Rhode Island Interlocal Risk Management Trust (401-438-6511) and the director of public works and services in the town (401-647-3366) have been designated to answer any questions that may arise concerning the controlled substances and alcohol testing policy.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)