|
|
Town of Candor 2011 PoliciesADA Employment Policy It is the policy of the Town of Candor to fully comply with the provisions and spirit of the ADA and ensure equal employment opportunity for all qualified persons with disabilities. All employment practices, such as recruitment, hiring, promotion, demotion, layoff and return from layoff, compensation, job assignments, job classifications, paid or unpaid leave, fringe benefits, training, employer-sponsored activities, including recreational or social programs will be conducted so as not to discriminate unlawfully against persons with disabilities. This also extends to prohibit discrimination based on a person's relationship or association with a disabled individual. Reasonable accommodation is available to all qualified employees and applicants with disabilities, unless it imposes an undue hardship on the operations of a program. Pre-employment inquiries are made only regarding an applicant's ability to perform the duties of the position, not any disabling condition. Pre-employment physical exams will only be requested when in compliance with the law. The Town of Candor intends to base employment decisions on principles of equal employment opportunity and nondiscrimination, as defined by law. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) along with work assignments, classifications, seniority, leave and all other forms of employment compensation or advantage. The Town of Candor has designated names, titles, addresses and telephone numbers of persons designated to accept discrimination claims and monitor compliance to monitor efforts to ensure the municipality's compliance with the ADA, and to receive complaints of discrimination against disabled persons. Any person who believes he or she is a victim of discrimination can direct a written complaint to this person. This procedure is not intended to restrict an individual's rights to make a complaint to a federal or state agency. The Town of Candor’s policy is to investigate all such complaints thoroughly and promptly. To the fullest extent practical, the Town of Candor will keep complaints and their resolutions confidential. If an investigation confirms that discrimination has occurred, the Town of Candor will take corrective action, including any discipline that is appropriate up to and including immediate termination of employment. The Town of Candor will cooperate with any state or federal agency in the investigation of any complaints. This directive is for municipal use only and does not apply in any criminal or civil proceeding. The municipal policy shall not be construed as a creation of higher legal standard of safety or care in an evidential sense with respect to third party claims. Violations of this directive will only form the basis for municipal administrative sanctions. Violations of law will form the basis for civil and criminal sanctions and a recognized judicial setting. Motion Proposed by Dan Lindsay Roll Call Vote - Cobler - Bish - Dougherty - Lindsay - Williams - all Aye Drug Free Workplace Policy and Procedure Policy Statement The Town of Candor is dedicated to providing safe and efficient service to our community. Moreover, we are dedicated to providing a safe workplace for our employees. In order to meet this goal, we hereby endorse the Federal Highway Administration substance abuse regulations. We will provide training, education and other assistance to our employees. Drug testing, in compliance with DOT regulations, is an integral part of our program. Noncompliance with this policy or violation of the regulations may result in severe disciplinary action including suspension or dismissal. Employee Assistance Program The Town has established an Employee Assistance Program (EAP) which includes education and training for drivers, supervisors and Town officials about controlled substances and alcohol. The training program will cover the effects of controlled substance use on personal health, safety, and the work environment. Manifestations and behavioral changes that may indicate substance use and abuse will also be addressed. Documentation of these training sessions will be maintained. Prohibitions No driver shall report for duty within four (4) hours of consuming alcohol. No driver shall use alcohol while on-duty. No driver shall be on duty while having an alcohol concentration of 0.02 or greater. No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol, unless the alcohol us manifested and transported as part of a shipment. No driver shall use alcohol for eight (8) hours following as accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first. No driver shall use controlled substances, except when pursuant to the instructions of a physician who has advised the driver that such use will not adversely affect the driver’s ability to safely operate a commercial motor vehicle. Drug and Alcohol Testing Program This testing policy applies to all employees requiring a commercial driver’s license, as defined by the Department of Transportation Title 49 Code of Federal Regulations part 383.5. Types of Tests Drug testing for marijuana, cocaine, opiates, amphetamines, and PCP will be performed on urine specimens. Alcohol testing will be performed by means of breath testing devices approved by the National Highway Traffic Safety Administration. Testing procedures will comply with Federal Motor Carrier regulations 49 CFR Part 40. Individual test reports will be maintained in each employee’s confidential file. Six types of drug and alcohol tests are required under federal regulations: pre-employment, random, reasonable cause, return to duty, follow-up and post accident. In addition, testing may be done as part of the periodic physical exam.
Procedures for Drug Test Drug testing is done by means of urine collection and analysis. The specimen will be collected by trained personnel in accordance with DOT regulations. The specimen is divided into two (2) separate containers (the primary sample and the split sample) and sealed in a tamper-evident container and shipped to a NIDA-certified lab for testing. Laboratory test results are reported to the medical review office (MRO). Before reporting a positive test to the employer, the MRO will attempt to contact the driver to discuss the test results. If the MRO is unable to contact the driver directly, the MRO will contact the employer’s Drug Program Administrator who will contact the employee. If there is no legitimate explanation for the positive test, the MRO will report the test as positive. If there is a valid explanation for the positive test other than illegal drug use, the MRO will report the test as negative. A test showing the presence of a medication which the employee used in accordance with a valid prescription will be considered a negative test. In the event of a positive drug test, the employee has the right to request that the split sample be sent to a different certified lab for testing. This request must be made within 72 hours of the time the driver was informed of the results by the MRO. The split sample test is to be paid for by the employee. If the second test comes back negative, the employee will be reimbursed. Procedures for Alcohol Tests Certified breath alcohol technicians will perform these tests using evidential breath testing devices. If the test shows a result of less than 0.02, the test is considered negative. If the alcohol concentration is 0.02 or greater, a confirmation test must be conducted. The confirmation test will be performed fifteen minutes after the initial test and the results of this test determine what actions will be taken. Consequences of a Positive Test
Consequences of Refusing a Drug or Alcohol Test The consequences of refusing a test are the same as testing positive. Rehabilitation In order to be eligible to return to duty after a positive drug test or an alcohol level of 0.04 or higher, a driver must complete the course of rehabilitation prescribed by the substance abuse professional and undergo a return-to-duty test with a negative result. After returning to work, the driver must continue in an after-care program and be subject to follow-up testing. Motion Proposed by Joe Bish Roll Call Vote - Cobler - Bish - Dougherty - Lindsay - Williams - all Aye Equal Employment Opportunity Policy The Town of Candor is an Equal Opportunity Employer. Discrimination on the basis of race, color, sex, religion, age, national origin, marital status, disability or veteran status will not be tolerated. This policy applies to all terms and conditions of employment, including but not limited to employment advertising, hiring, placement, compensation, training, promotion, demotion, termination, layoff, transfer, disciplinary actions, leave of absence or any other benefits. Discrimination based on any of the above is strictly prohibited and any supervisor, administrator or employee who engages in or tolerates such behavior is subject to disciplinary action in accordance with the Civil Service Law, collective bargaining agreements or any other applicable State or Federal Laws. If an employee believes they have encountered violations of this policy, they may advise their Department Head. In addition, an employee can file a written complaint with Names, Titles, Addresses and Telephone Numbers of Persons Designated to Accept Complaints within (30) calendar days of the incident. Retaliation against the complainant will not be tolerated. False accusations will be treated as a disciplinary offense and will result in the same level of punishment as that applied to one who engages in such behavior. The Town of Candor’s policy is to investigate all such complaints. If an investigation confirms that a violation has occurred, the Town of Candor will take corrective action, including any discipline that is appropriate up to and including immediate termination of employment. This directive is for municipal use only and does not apply in any criminal or civil proceeding. The municipal policy shall not be construed as a creation of higher legal standard of safety or care in an evidential sense with respect to third party claims. Violations of this directive will only form the basis for municipal administrative sanctions. Violations of law will form the basis for civil and criminal sanctions and a recognized judicial setting. Motion Proposed by Joe Bish Roll Call Vote - Cobler - Bish - Dougherty - Lindsay - Williams Sexual harassment is a form of gender discrimination and is a violation of state and federal civil rights laws. It is the policy of this municipality to strongly oppose and prevent any form of discrimination. We recognize that any employee's ability to perform his or her job may be adversely affected by harassment based on sex. Therefore, this policy has been prepared to aid our employees in understanding and helping to prevent sexual harassment. The Equal Employment Opportunity Commission defines sexual harassment as "unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature" when: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or; submission to or rejection of such conduct by an individual is used as the basis for employment decisions, such as promotion, transfer, or termination, affecting such individual, or; such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or otherwise offensive working environment, or; such conduct created an intimidating, hostile or offensive work environment. Sexual harassment can include abusive verbal language related to an employee's sex, sexually oriented comments about an individual's body that are unwelcome and/or reasonably interfere with an employee's work performance or create an intimidating, hostile, or offensive working environment; displays of obscene printed or visual material; and physical contact, such that it unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or offensive working environment. Any employee who believes that another employee is initiating sexual harassment may file a written complaint with Names, Titles, Addresses and Telephone Numbers of Persons Designated to Accept Sexual Harassment Claims within (30) calendar days of the incident. Retaliation against the complainant will not be tolerated. Due to the serious and private nature of this offense, false accusations of sexual harassment are and will be treated as a disciplinary offense and will result in the same level of punishment as that applied to one who engages in such behavior. The policy of the Town of Candor is to investigate all such complaints. If an investigation confirms that harassment has occurred, the Town of Candor will take corrective action, including any discipline that is appropriate up to and including immediate termination of employment. This directive is for municipal use only and does not apply in any criminal or civil proceeding. The municipal policy shall not be construed as a creation of higher legal standard or safety or care in an evidential sense with respect to third party claims. Violations of this directive will only form the basis for municipal administrative sanctions. Violations of law will form the basis for civil and criminal sanctions in a recognized judicial setting. Motion Proposed by Joe Bish Roll Call Vote - Cobler - Bish - Dougherty - Lindsay - Williams - all Aye Violence in the Workplace Policy Violence in the Workplace Policy Statement – The Town of Candor is committed to providing its employees with a work environment that is safe, secure, and free from violence. The Town also considers the safety of its residents, vendors, contractors, and the general public (collectively referred to as "visitors") to be of paramount importance and strives to provide them the same type of protections while on Town property. Workplace Violence Prevention Program – In accordance with the New York State Workplace Violence Prevention Act, the Town of Candor has developed a Workplace Violence Prevention Program. As a part of this program, the Town conducted a comprehensive risk evaluation of the entire workplace and will conduct annual reviews to identify risk factors that may increase the likelihood of workplace violence and implement measures to minimize or eliminate these hazards. In order to achieve this goal, the Town encourages the participation and cooperation of employee representative(s). Prohibited Conduct - The Town has zero tolerance for violence of any kind in the workplace, including, but not limited to, physical assault e.g., hitting, pushing), threatening, or intimidating behavior, or verbal abuse or harassment. An employee who has knowledge that a coworker or visitor possesses a weapon on Town property must report this to a Department Head or Supervisor immediately. For the purpose of this program, the workplace is defined as any location away from an employee’s home, either permanent or temporary, where the employee performs any work related duty in the course of employment. This includes, but is not limited to, Town-owned buildings and surrounding perimeters, parking lots, work sites, and traveling to and from work assignments. Reporting Requirements – Any incident of Workplace violence or imminent danger must be promptly reported to the Highway Superintendent, if it involves a Highway Employee, and the Town Supervisor’s Office. Policy Violations – Violations of this policy will result in appropriate remedial, disciplinary, and/or legal action according to the circumstances. Prohibition Against Retaliation – An employee will not be subject to criticism, reprisal, retaliation, demotion, discrimination, disciplinary action, or other adverse employment action for making a good faith report of acts pursuant to this policy. Motion Proposed by George Williams Roll Call Vote - Cobler - Bish - Dougherty - Lindsay - Williams - all Aye |