[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 6-25-1996 by Ord. No. 9-96 (Ch. 10 of the 1974 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 61.
The Mayor and Council of the Borough of Totowa
hereby declares it to be the policy of the Borough of Totowa that,
retroactive to June 1, 1996, all of its employees who possess commercial
drivers' licenses be subject to drug and alcohol testing under the
following circumstances:
All drug and alcohol testing (as set forth in
the attached policy) will only be performed by a laboratory that has
been certified to the United States Department of Health and Human
Services, and the Borough commits itself to ensuring further that
the integrity of the testing process will be maintained by protecting
the privacy of the employees having to undergo testing, instituting
quality control procedures in the process and double-checking results
to make sure they will be attributed to the correct employee taking
the test.
[Amended 6-28-2005 by Ord. No. 18-2005]
A.
Employees who test positive for alcohol (alcohol level
of 0.02% or greater) or drug use will be subject to a minimum suspension
of 10 working days without pay.
B.
Employees who test positive for alcohol (alcohol level
of 0.02% or greater) or drug use a second time will be subject to
a minimum of 30 working days' suspension without pay.
C.
Employees who test positive for alcohol (alcohol level
of 0.02% or greater) or drug use for a third time will be subject
to dismissal from the employment with the Borough of Totowa.
D.
Employees who test positive for having the following
drugs or its metabolite in his or her urine will be subject to the
above-mentioned penalties: marijuana, cocaine, opiates, phencyclidine
or amphetamines.
Employees subject to testing through this program,
who tested positive for either drug or alcohol, will be referred to
a substance abuse professional (SAP) who will refer the employee to
an appropriate local community drug and/or alcohol treatment facility.
[Amended 6-28-2005 by Ord. No. 18-2005]
All positive test results will be reviewed by
a qualified physician to be known as a "Medical Review Officer" (MRO).
The Medical Review Officer will consult the Borough Clerk in connection
with all test results.
All employees subject to testing as well as
their immediate supervisors will receive appropriate training and
education to be made fully aware of how the testing program will operate.
[Amended 6-28-2005 by Ord. No. 18-2005]
The Borough Clerk is hereby designated as the
contact person with the alcohol and drug abuse testing provider as
selected by the Borough Council. The contact person is hereby authorized
to set up a recordkeeping system to maintain the confidentiality necessary
to protect the privacy of the employees subject to this Drug and Alcohol
Program.
Appropriate Borough staff shall be authorized
to do whatever is necessary on an immediate basis to properly notify
all employees who may be subject to this program, including but not
limited to serving a copy of this chapter on those employees, and
to contact appropriate training of all such personnel.
This chapter and the testing program will be
effective retroactively to June 1, 1996, and the other aspects shall
take effect immediately.
