S-837 - 12/12/1995 - LICENSE -ALCOHOL - Ordinances ORDINANCE 95-GL-CDL-EXI-S-837
AN ORDINANCE ADOPTING A
COMMERCIAL DRIVER'S LICENSE
DRUG & ALCOHOL TESTING POLICY
WHEREAS, the U.S. Department of Transportation Federal Highway
Administration has published rules and regulations requiring employers to test
drivers who have a Commercial Driver's License for the misuse of alcoholic and
controlled substances; and
WHEREAS, the Village of Oak Brook must comply with the federal rules and
regulations by January 1, 1996; and
WHEREAS, a Village policy incorporating the provisions of the federal
regulations has been prepared; and
WHEREAS, the purpose of the policy is to prevent accidents and injuries
resulting from the misuse of alcohol and/or controlled substance abuse by
drivers of commercial motor vehicles,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That the Village of Oak Brook policy on commercial driver's
license drug and alcohol testing, a copy of which is attached hereto and
incorporated herein as Exhibit A, is hereby approved and adopted in its
entirety.
Section 3: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 12th day of December, 1995.
Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: None
Abstain: None
APPROVED THIS 12th day of December, 1995.
i lage President
Ordinance 95-GL-CDL-EXI-S-837
Adopting a CDL Drug & Alcohol
Testing Policy, Page 2
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�o Form:
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Village Attorney
Published
Date Paper
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EXHIBIT A
VILLAGE OF OAK BROOK POLICY
Commercial Driver's License
Drug & Alcohol Testing
A. General Policy: The Village shall comply with the provisions of the U.S. Department of
Transportation Federal Highway Administration's (FHWA) published rules and regulations
(49 CFR Part 382)that require employers to test drivers who have a Commercial Driver's
License for the misuse of alcoholic and controlled substances.
B. Definitions: The terms used in this policy shall have the same meanings ascribed to said terms
in 49 CFR 382.107 or 49 CFR 40.3, as applicable.
C. Applicability: This policy applies to every employee who is required to maintain a
Commercial Driver's License as part of their job requirements, including full-time, casual,
intermittent or occasional employees and, for purposes of pre-employment testing only, any
person applying for a job who will be required to drive a commercial motor vehicle. This
policy is also applicable to leased drivers and independent owner-operated contractors who
are either directly employed by or under lease to the Village or who operate a commercial
motor vehicle at the direction of or with the consent of the Village.
D. Purpose: The purpose of the policy is to prevent accidents and injuries resulting from the
misuse of alcohol and/or controlled substance abuse by drivers of commercial motor vehicles.
It is intended to comply with the FHWA's published regulations (49 CFR Part 382) that
require employers to test drivers who have a Commercial Driver's License for the misuse of
alcoholic and controlled substances. Nothing in this policy shall preclude the Village from
establishing rules, regulations, policies and/or procedures otherwise permitted by law, as long
as such rules do not conflict with the special requirements of said regulations. The Omnibus
Transportation Employee Testing Act of 1991 requires the testing of employees and mandates
anti-drug and alcohol misuse and prevention programs.
E. Testing Requirements: The Village shall test for controlled substances and alcohol in the
following circumstances:
1. Pre-Employment: Testing of this kind shall occur prior to the first time and employee
performs a safety-sensitive function. Said employee shall not be allowed to perform a
safety-sensitive function unless the alcohol test result indicates an alcohol concentration
less than 0.04 and the controlled substances test result indicates a verified negative result.
If the alcohol test result is 0.02 or greater but less than 0.04, the provisions of subsection
F.3 of this policy shall apply. The Village may choose not to administer such alcohol or
controlled substance tests if an exception set forth in 49 CFR 382.301 is applicable.
2. Post Accident: Testing of this kind shall occur when any employee is involved in an
accident involving a commercial motor vehicle in which a safety-sensitive function was
being performed with respect to the vehicle and a fatality occurs, or the employee receives
a citation for a moving traffic violation arising from the accident. After the test, the
employee shall remain at home with pay until test results are received by the Assistant to
the Village Manager or his/her designee(hereinafter"Assistant to the Village Manager).
If an alcohol test required under this section is not administered within two (2) hours
following the accident, the Village shall prepare and maintain on file a record stating the
reasons the test was not promptly administered. If an alcohol test required by this section
is not administered within eight (8) hours following the accident, the Village shall not
administer the test and shall prepare and maintain the same record.
If a controlled substance test required under this subsection is not administered within
thirty-two (32) hours following the accident, the Village shall not administer the test and
shall prepare and maintain on file a record stating the reasons the test was not promptly
administered.
An employee subject to a post-accident test shall remain readily available for such testing,
or may be deemed to have refused to submit to testing; provided, however, that this
section shall not be construed to require the delay of necessary medical attention for
injured people or to prohibit an employee from leaving the scene of the accident for the
period necessary to obtain assistance in responding to the accident or to obtain necessary
emergency medical care.
The Village shall provide employees with all necessary post accident information,
procedures and instructions prior to an employee operating a commercial motor vehicle.
The results of a breath or blood test for alcohol or a urine test for controlled substances
conducted by Federal or State officials having independent authority for the test shall be
considered to meet the requirements of this section, provided such tests conform to
applicable law and the results are obtained by the Village.
3. Reasonable Suspicion: Testing of this kind shall occur when there is reasonable suspicion
to believe that an employee has violated any of the provisions of subsections F.2, 4, 5, 6, 7
or 8. Such reasonable suspicion must be based on specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech or body odors of the employee.
With regard to suspected controlled substance use, such observations may include
indications of the chronic and withdrawal effects of controlled substances.
The observations required for a reasonable suspicion test shall be made by a supervisor
who is trained pursuant to 49 CFR 382.603. The person making the determination of
reasonable suspicion shall not conduct the test.
Alcohol testing under this subsection may be done only if the required observations are
made during,just preceding or just after the period of the work day that the employee is
required to be in compliance with this policy. An employee may be directed to undergo a
reasonable suspicion test while the employee is performing safety-sensitive functions,just
before the employee is to perform safety-sensitive functions, or just after the employee has
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ceased performing such functions.
Notwithstanding the absence of a reasonable suspicion alcohol test, no employee shall
report for duty or remain on duty requiring the performance of safety-sensitive functions
while such employee is under the influence of or impaired by alcohol, as shown by the
behavioral, speech and performance indicators of alcohol misuse. The Village shall not
permit the employee to perform or continue to perform safety-sensitive functions until:
a. an alcohol test is administered and the employee's alcohol concentration measures
less than 0.02; or,
b. twenty-four(24) hours have elapsed following the determination of reasonable
suspicions.
Except as provided in the preceding paragraph, the Village shall not take any action under
this policy against an employee based solely on the employee's behavior and appearance,
with respect to alcohol use, in the absence of an alcohol test. This does not prohibit the
Village from taking any otherwise authorized action consistent with law.
A written record shall be made of the observations leading to a controlled substance
reasonable suspicion test, and signed by the supervisor who made the observations, within
twenty-four(24) hours of the observed behavior or before the results of the controlled
substance test are released, whichever is earlier. Such record shall be filed with the Public
Works Superintendent.
Employees required to submit to this test will be escorted by a supervisor or his/her
designee to the test site. After the test, the employee will remain at home with pay until
test results are received by the Assistant to the Village Manager.
4. Random: Testing of this kind shall occur as required by the U.S. Department of
Transportation, in which all employees required to have a Commercial Driver's License
will be subject to random drug and alcohol testing in accordance with Federal regulations.
From the average number of employees required to have a Commercial Driver's License at
the Village, fifty percent (50%) shall be randomly selected each year for controlled
substance testing and twenty-five percent (25%) shall be randomly selected each year for
alcohol testing as required by 49 CFR 382.305. If the FHWA Administrator adjusts the
percentage for alcohol testing pursuant to 49 CFR 382.305, the Village shall adjust the
testing accordingly.
The selection of employees for random testing shall be made by a scientifically valid
method by which each employee has an equal chance of being tested each time selections
are made. The tests shall be unannounced and the dates for administering the tests shall be
spread reasonably throughout the year.
An employee who is selected for a random test shall proceed to the test site immediately;
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provided, however, that if the employee is performing a safety-sensitive function, said
employee shall cease to perform the safety-sensitive function and proceed to the test site
as soon as possible.
An employee shall only be tested for alcohol under this subsection while said employee is
performing safety-sensitive functions, or just before or just after performing such
functions.
After the test, the employee shall return to duty until test results are received by the
Assistant to the Village Manager.
5. Return to Duty: Testing of this kind shall be administered to employees who have
violated the provisions of sections F.1, 2, 4, 5, 6, 7 or 8 below. If the employee violated
the alcohol provisions, a return to duty alcohol test must be administered and indicate an
alcohol concentration of less than 0.02 and if the employee violated the controlled
substances provision, a return to duty controlled substances test must be administered and
indicate a verified negative result before such employee is permitted to return to duty
requiring the performance of a safety-sensitive function.
6. Follow-Up: Testing of this kind shall occur if it is determined that an employee is in need
of assistance in dealing with the alcohol or controlled substance problems pursuant to
section J below. The employee shall be subject to unannounced follow-up testing
pursuant to section J below. After the test, the employee shall return to duty until test
results are received by the Assistant to the Village Manager. Follow-up alcohol testing
shall be conducted only when the employee is performing safety-sensitive functions or just
before or just after performance of such functions.
F. Alcohol and Controlled Substances Prohibitions: The following prohibitions are applicable to
all employees subject to this policy:
1. No employee shall be on duty or operate a commercial motor vehicle while possessing
alcohol, unless the alcohol is manifested and transported as part of a shipment.
2. No employee shall use alcohol while performing safety-sensitive functions.
3. No employee shall perform or continue to perform safety-sensitive functions, including
driving a commercial motor vehicle, for twenty-four(24) hours following an alcohol test
result indicating an alcohol concentration of 0.02 or greater but less than 0.04.
4. No employee shall report for duty or remain on duty requiring the performance of safety-
sensitive functions while having alcohol concentration of 0.04 or greater and/or a positive
test for controlled substances.
5. No employee shall perform safety-sensitive functions if they have consumed alcohol within
the last four(4) hours.
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6. No employee shall report to duty, or remain on duty requiring the performance of safety-
sensitive functions, with any amount of controlled substances in their system, except when
the use is prescribed by a physician who has informed the employee that the substance will
not affect the employee's ability to safely operate a commercial motor vehicle. Employees
shall inform the Public Works Superintendent of any therapeutic drug use.
7. No employee shall use alcohol for eight (8) hours following an accident where a post
accident test is required or until he/she undergoes a post accident test, whichever occurs
first.
8. No employee shall refuse to submit to a post accident, random, reasonable suspicion, or
follow-up alcohol test and/or controlled substances test.
9. If the Village has actual knowledge that an employee has violated any of the provisions of
this section F, said employee shall not be permitted to perform any safety-sensitive
functions.
G. Alcohol Testing: All alcohol testing required by this policy shall be performed pursuant to the
procedures set forth in 49 CFR Part 40 and as follows:
1. Before performance of a test under this policy, the employee shall be notified that such
test is required by 49 CFR Part 382.
2. All testing shall be performed by using an Evidential Breath Testing device. The test shall
be conducted by a Breath Alcohol Technician who is trained in the operation of the testing
device.
3. Any result less than 0.02 alcohol concentration is considered a negative test. If the result
is 0.02 or greater, a second confirmation test shall be conducted.
4. If the alcohol concentration is 0.02 or greater but less than 0.04, the employee will
immediately be removed from duty for at least twenty-four (24) hours. A concentration of
0.04 or greater will require immediate removal from duty and referral to a substance abuse
professional pursuant to section J below.
5. Employees who violate the alcohol misuse rules shall be referred to a substance abuse
professional pursuant to section J below.
H. Controlled Substance Testing: All controlled substances testing required by this policy shall
be performed pursuant to the procedures set forth in 49 CFR Part 40 and as follows:
1. Before performance of a test under this policy, the employee shall be notified that such
test is required by 49 CFR Part 382.
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2. The controlled substances tested include the following drugs: Marijuana, Cocaine,
Amphetamines, Opiates and Phencyclidine (PCP).
3. All positive drug test results shall be reviewed and interpreted by a Medical Review
Officer(MRO). A MRO shall be a licensed physician with knowledge of substance abuse.
The MRO shall not be an employee of the testing laboratory.
4. In the event that the primary specimen is verified as positive, the employee shall have the
option to have the split specimen sent to a different laboratory for analysis. To exercise
this option, the employee must make a request to the MRO within seventy-two (72) hours
of being told that the primary specimen was positive.
5. An employee who does not pass a required drug test (a primary specimen is verified as
positive) shall be relieved immediately from duty.
6. Employees who violate the controlled substance misuse rules shall be referred to a
substance abuse professional pursuant to section J below.
I. Procedures and Records:
1. All records required by 49 CFR Part 382 and Part 40 will be maintained by the Assistant
to the Village Manager and remain confidential except as required by law or authorized or
required by 49 CFR 382.405. The Village shall prepare and submit an annual calendar
year summary of test results as required by 49 CFR 382.403.
2. An employee is entitled, upon written request, to obtain copies of any records pertaining
to the employee's use of controlled substances or alcohol, including test results. Records
shall be provided promptly, and shall not be contingent upon payment for records other
than those specifically requested. Records shall be made available to a subsequent
employer or other identified person upon receipt of a written request from the employee.
3. The Village shall notify an employee of the results of a pre-employment controlled
substances test if such employee requests such results within sixty (60) calendar days of
being notified of the disposition of the employment application. The Village shall notify
an employee of the results of random, reasonable suspicion and post accident tests for
controlled substances if the results are verified positive, as well as which substance or
substances were verified as positive.
4. Except employees tested randomly as provided in E.4, employees who are tested and are
waiting for the results of their test(s) are to remain in contact with the Village. Employees
are also required to advise the Village of their whereabouts and the telephone number of
where they can be reached during this time.
5. The Village shall, no later than fourteen (14) days after the first time an employee
performs a safety-sensitive function, obtain, pursuant to said employee's consent,
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information from the employee's previous employers regarding alcohol tests with a result
of 0.04 or greater, positive controlled substance test results and any refusals to be tested,
within the preceding two (2)years.
6. If an employee has an alcohol test with a concentration of 0.04 or greater, or a verified
positive controlled substance test or refuses to be tested, the Village shall not permit such
employee to perform safety-sensitive functions without obtaining information on a
subsequent substance abuse professional evaluation and return to duty testing.
7. By law, acknowledgment and agreement to this policy as required of covered employees
is a condition of employment.
8. No employee who has violated any of the provisions of section F.1, 2, 4, 5, 6, 7 or 8 shall
perform safety-sensitive functions, including driving a commercial motor vehicle, unless
said employee has been evaluated by a substance abuse professional pursuant to section J
below.
9. All employees who are covered under this policy shall receive all of the educational
material required by 49 CFR 382.601 and shall sign a statement, to be maintained by the
Village, certifying receipt of such material.
10. The Assistant to the Village Manager shall make reasonable efforts to contact and request
anyone who submitted a specimen under this policy, regardless of his or her employment
status, to contact and discuss the results of the controlled substance test with a MRO.
The Assistant to the Village Manager shall immediately notify the MRO that the employee
has been notified to contact the MRO within twenty-four(24) hours.
J. Referral and Treatment: Any employee who violates any of the provisions of section F.1, 2,
4, 5, 6, 7 or 8 hereof shall be advised by the Village of the resources available to the employee
in evaluating and resolving problems associated with the misuse of alcohol and use of
controlled substances, including names, addresses and telephone numbers of substance abuse
professionals and treatment programs. In addition, such employee shall be evaluated by a
substance abuse professional to determine what, if any, assistance such employee needs in
resolving problems associated with alcohol misuse and controlled substances use.
Prior to returning to duty requiring the performance of a safety-sensitive function, any
employee who has been identified as needing such assistance shall, in addition to being subject
to return to duty testing required by section E.S. be evaluated to determine that such
employee has properly followed any prescribed rehabilitation program. Such employee shall
also be subject to follow-up testing at least six(6) times in the first twelve (12) months
following return to duty in accordance with 49 CFR 382.605.
All referrals by a substance abuse professional shall comply with all the requirements of 49
CFR 382.605 (e).
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The requirements of this subsection J. shall not apply to applicants who refuse to submit to a
pre-employment test or who have a pre-employment alcohol test with a result of 0.04 or
greater or a verified positive controlled substances test.
K. Traffic Violation/CDL Disqualification: According to Illinois State law, serious traffic
violations while operating a Village vehicle may result in temporary or lifetime disqualification
for CDL holders. If an employee loses his/her CDL due to a violation and is not reinstated
within 30 days, he/she is subject to discipline up to and including termination. All CDL
holders should also note that any serious traffic violations that occur while operating a non-
Village vehicle can also result in a disqualification of the CDL license.
Under Illinois law all drivers operating a vehicle on highways automatically give their consent
to submit to tests which determine the blood alcohol level while driving. Since April 1, 1992,
the legal Breath Alcohol Content (BAC) for CDL holders has been 0.04.
The following violations committed by a CDL holder shall result in a disqualification from
using a CDL, under Illinois law, for at least 12 months for the first incidence of
1. Refusing to submit to, or failure to complete a breathalyzer test.
2. Operating a Village vehicle with a blood alcohol concentration of 0.04 or greater.
3. Conviction (no matter what the BAC reading is) of driving under the influence.
Any driver who commits a second violation of any of the above listed offenses, arising from
two or more separate incidents, is disqualified from a CDL for life. It should be noted that
alcohol related convictions that occur in non-Village vehicles may also result in the
disqualification of a CDL.
A conviction for other violations, such as the ones listed below, can also lead to a
disqualification of at least 12 months on a CDL.
1. Knowingly and willfully leaving the scene of an accident while operating a Village vehicle.
2. Committing a felony while operating a Village vehicle.
A conviction for the violations listed below will result in the lifetime disqualification of a CDL.
1. A second violation of either of the two (2) offenses listed above, or a combination of the
alcohol violations listed on the previous page.
2. The use of a Village vehicle in the commission of a felony involving the manufacturing,
distributing or dispensing of a controlled substance.
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Committing any of the violations listed in the last two paragraphs, while driving a non-Village
vehicle, may also result in the suspension of your CDL.
L. Disciplinary Action: Anyone who violates any of the requirements of 49 CFR Part 382 is,
pursuant to 49 CFR 382.507, subject to the penalty provisions of 49 USC 521 (b). In
addition, independent of the provisions of 49 CFR Part 382, an employee may be subject to
disciplinary action by the Village up to and including termination for violation of any of the
provisions of this policy.
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