[Adopted 9-24-1996 by Ord. No. 30-96]
The City of Long Branch Public Works Department (hereinafter referred to as the "City") subscribes to the belief that the abuse of alcohol and/or drugs by City employees is incompatible with the City's obligation to seek to provide a safe and productive work environment for its employees and for its citizens to ensure their safety and trust in the City. The City further believes that healthy, drug-free employees are a greater asset to the City, to society and to themselves. The goal of the City Alcohol- and Drug-Free Workplace Policy is to maintain a work force free from prohibited drugs and alcohol abuse. The possession, use or distribution of drugs/alcohol in the workplace poses an unacceptable risk to employees, the public and the City of Long Branch. Accordingly, the City hereby establishes the following policies and procedures for all Public Works Department employees.
This policy is intended to comply with all applicable federal and state statutes and regulations governing workplace and antidrug testing, including but not limited to the following:
A. 
Procedures for Transportation Workplace Drug Testing Programs: 49 CFR, Part 40.
B. 
Omnibus Transportation Employee Testing Act: 49 CFR, Part 382.
C. 
Controlled Substances Testing, Covering Federal Highway Administration (FHWA) and controlled drivers: 49 CFR, Part 39, Subpart H.
D. 
Notification and Reporting of Accidents: 49 CFR, Part 394.
A. 
It is the responsibility of employees to maintain personal health so they are physically and mentally capable of performing in the workplace. The abuse of drugs or alcohol is an unsafe and counterproductive practice which will not be tolerated at the City of Long Branch Public Works Department. NOTE: In this policy, the terms "abuse" and "substance abuse" will be used to mean the use or abuse of or dependency on illegal drugs, alcohol or drugs that can be prescribed but are used in a manner inconsistent with the prescription.
B. 
Any City public works employee reporting for work and found to be under the influence of alcohol or drugs or using drugs or alcohol while at work or in possession of, manufacture of, selling, offering for sale, trading or providing illegal drugs or alcohol will be subject to disciplinary action, up to and including termination. This policy is in effect for all employees while on City property, which includes the parking lots, or while engaged in City business. The sale, possession, manufacture, distribution, dispensation, use or purchase of prohibited drugs and/or alcohol on City property or while conducting City business is prohibited. City property includes all areas in which the City operates its equipment, City-owned or City-leased property, as well as all City/employee-owned vehicles in use on City property, lockers, desks, equipment, work space and storage facilities. (City-sponsored activities which may include the responsible service of alcoholic beverages are not included in this provision, provided that abuse does not occur.)
C. 
In an effort to ensure that the City of Long Branch Public Works Department is an alcohol- and drug-free workplace and to comply with Department of Transportation Regulations, a drug testing program will be in effect for all commercial drivers license holders. This program will provide for pre-employment, random, post-accident testing, reasonable suspicion, return-to-duty and follow-up testing. The City has retained a Medical Review Agency (hereinafter referred to as the MRO/Agent) to manage and administer the testing program.
D. 
Any employee reporting for work impaired and unable to properly perform required duties will not be allowed to work. If possible, the supervisor will first seek another supervisor's opinion of the employee's status. Also, where applicable, the supervisor will subsequently consult privately with the employee about the observation. If, in the opinion of the supervisor, the employee is considered impaired, the employee will be required to be tested for alcohol and illicit substances, depending on the supervisory determination of the observed impairment. (Under no circumstances should an impaired employee be allowed to drive.)
E. 
Prescription drugs prescribed by the employee's physician may be taken during working hours. The employee is required to notify the supervisor if the use of properly prescribed prescription drugs may adversely affect the employee's work performance. The abuse of prescription drugs will not be tolerated.
F. 
The City will provide an Employee Assistance Program (EAP) for its employees and supervisory personnel, which will include a program of education and training on the effects of drug/alcohol abuse. The EAP/MRO/Agent/City will make available to all employees informational material related to the cause and effects of substance abuse and additionally will provide a community service hot-line telephone number, which can be used by employees whenever assistance is required. Supervisory personnel who will be in a position to determine whether an employee must be drug/alcohol tested, pursuant to the policies herein, will receive a minimum of one hour of training on the specific physical, behavioral and performance indicators of probable drug/alcohol abuse. It is the responsibility of the employees to seek assistance from the EAP before drug/alcohol problems lead to violations of policy and/or disciplinary action.
G. 
The City further has determined to take action against employees who unlawfully use, distribute or possess alcohol, drugs and/or controlled substances during or outside assigned working hours in order to prevent illegal activities and to protect employees, the public and the City and its property from any danger which may result from the illegal use of alcohol, drugs and/or controlled substances.
H. 
The City has further determined that it will not employ or use the services of any employee who refuses to be tested for drugs/alcohol and will discipline any employee who fails a drug/alcohol test, which may include termination of services.
I. 
All employees are required to acknowledge, in writing, the policy as a condition to initial/continued employment.
As used in this article, the following terms shall have the meanings indicated:
EMPLOYEE
A person employed by the City in a capacity which requires a commercial drivers license to be maintained, which in this case includes all Public Works Department employees, foremen and supervisors, all of whom shall be included in the test pool.
FAIL A DRUG/ALCOHOL TEST
The confirmation test result shows a positive evidence of the presence of a prohibited or legal drug/alcohol in an employee's system.
LEGAL DRUGS
Prescribed drugs and over-the-counter drugs which have been legally obtained and are being used as directed and for the purpose for which they were prescribed or manufactured.
PROHIBITED DRUGS
Any of the following substances specified in Schedules I and II of the Controlled Substances Act, 21 U.S.C. § 801.812 (1981 and 1987 CUM.P.P) as amended and revised, as well as marijuana, cocaine, opiates, amphetamines, narcotic, phencyclidine (PCP) or any other habit-forming drug, except where prescribed by a licensed medical practitioner. This exception applies only when the substance is used by the individual to whom the drug was prescribed or authorized. The schedule of drugs includes, but is not limited to, opiates, opium derivatives, hallucinogenic substances, depressants and stimulants.
A. 
All prospective employees selected for a position will be required to undergo a post-offer, pre-employment test for the presence of alcohol and illicit drugs. Receipt by the City of a negative test result shall be required prior to engaging in any safety-sensitive function employment. A positive test result will disqualify an individual from further consideration of employment with the City.
B. 
Failure to keep an appointment with the Agent, which was previously agreed to by both the prospective employee and the Agent, will be viewed as an attempt to elude the testing or alter its results. No further consideration for employment will be given the prospective employee at that time or in the future. The drug test will be in accordance with Appendix D, which is attached hereto.
A. 
All employees who have commercial drivers licenses will be subject to random, unannounced annual alcohol and drug testing. Testing will be done during working hours, except under exigent circumstances. The City shall be responsible for the costs of the tests. Split-sample testing will be as provided by this policy. Selection criteria, numbers of tests and test frequency will be determined by the language of FHWA regulations and will be communicated to employees by City management or the Agent. However, annually at least 50% of the employees will undergo drug testing and 25% of the employees will undergo alcohol testing. Monthly, but no later than quarterly, a prorated number of employees will be tested. The portion will ensure that the ratios above are conducted over the calendar year.
B. 
Upon notification of selection, the employee will report to the designated collection site immediately. Failure to report will be viewed as an attempt to elude the test or alter its results and will result in disciplinary action, up to and including termination.
A. 
All employees are subject to a fitness-for-duty evaluation, to include urine and breath testing, when there is reasonable suspicion to believe that the employee is in violation of this policy. A reasonable cause referral for testing will be made on the basis of documented, objective facts and circumstances which are consistent with the long- and short-term effects of substance abuse.
B. 
Examples of reasonable suspicion include, but are not limited to, the following:
(1) 
Physical signs and symptoms consistent with substance or alcohol abuse.
(2) 
Evidence of the manufacture, distribution, dispensing, possession or use of controlled substances, alcohol, or drugs.
(3) 
See also Appendix C, which is attached hereto.
C. 
Reasonable cause testing determinations will be made by a supervisor or other City official who is trained to detect the signs and symptoms of drug and alcohol use and who can reasonably conclude that an employee may be adversely affected or impaired in his/her work performance due to substance abuse. If another supervisor or other City official is immediately available, he/she will verify that there is reasonable cause before the employee is transported to the agent's facility. At no time will this determination be made on the basis of third-party reports without verification.
D. 
NOTE: Employees are cautioned that various over-the-counter and prescribed medication can adversely affect ability to operate vehicles and other equipment. It is the employee's responsibility to report to work each day fit for his or her duties.
E. 
Employees who are deemed to require a fitness-for-duty evaluation based on reasonable cause will be sent to a health facility of the City's choice. The attending physician will make every attempt to determine the cause of the observed behavior, including authorizing, when his/her medical opinion dictates, an additional alcohol or drug test. Employees will be placed on unpaid medical leave of absence until the results of the examination are received by the City. Receipt of a negative drug test result and/or doctor's statement that the employee was and is fit for duty is required prior to continued employment. Employees who are returned to duty by this means will be reinstated without prejudice and without loss of pay.
F. 
Employees who are medically determined to be temporarily unfit to perform their duties, but who test negatively for alcohol or drugs, will be returned to duty when they obtain the original examining doctor's written statement that they are fit for duty.
G. 
Employees may be required by the City to undergo a physical examination, which can include urine and/or blood testing for drugs/alcohol. Such testing shall be done by a designated agent of the City, who shall follow the procedures set forth in this policy.
A. 
Any employee involved in an accident will be required to submit to a post-accident alcohol and drug test if:
(1) 
The driver involved in an accident received a citation for a moving violation;
(2) 
There is a fatality as a result of an accident;
(3) 
The accident meets the Department of Transportation criteria for an accident that requires such testing; and/or
(4) 
Any accident involving a City vehicle.
B. 
When a post-accident test is indicated, the City will make every effort to have said test performed within two hours of notification of the accident. At no time will a period of more than eight hours transpire between notification and testing. Documentation of the entire post-accident procedure should be made by all personnel involved in the notification and testing process.
C. 
Receipt by the City of a negative alcohol and drug test result is required prior to return to duty. A positive test result may disqualify an employee from further employment or reinstatement at that time or any time in the future and subject the employee to disciplinary action, up to and including termination.
A. 
Any employee who tests positive for alcohol or illicit substances will not be permitted to return to work, where applicable, until he/she has met the following:
(1) 
The employee must be evaluated by a substance abuse professional. This professional must meet the criteria outlined in the Department of Transportation's Alcohol and Drug Rules for Substance Abuse Professionals.
(2) 
The employee must comply and complete all recommendations made by the substance abuse professional and be able to document the same.
(3) 
The employee must submit to a return-to-duty test, and a proof of a negative test result must be received by the City.
B. 
When the employee is cleared to return to work, he/she will be required to pass an alcohol and drug test. Upon receipt of a negative finding, if an employee is allowed to return to work, he/she will be subject to follow-up testing as required by law and this policy. The cost of the follow-up testing will be equally split between the City and the employee.
C. 
All employees are entitled to voluntarily participate in the Employee Assistance Program. However, if there is a positive test result, participation in the Employee Assistance Program or an alternate program approved by the City shall be a prerequisite to continued employment. Refusal to enroll in a program or to complete a full course of rehabilitation shall be cause for immediate termination of services. A positive alcohol test is one with a level of .040 or greater. Employees with a pattern of readings between .020 and .039 will also be subject to enrolling in a mandatory counseling program.
D. 
In addition to completing a required course of rehabilitation, employees shall be subject to the following discipline(s):
(1) 
Following the confirmation of a positive test, there shall be a minimum five-day suspension without pay. In the case of an alcohol test result between .020 and .039, the penalty would be a suspension for the remainder of that day's work shift unless a pattern of this type of abuse has developed. In either case, the suspension(s) shall also remain in full force and effect until there is a negative retest provided to the City through a certified laboratory (all costs of testing to be borne by the employee), but failure on the part of the employee to present a negative test result within six weeks from the original incident date shall automatically result in termination of services. After two weeks, the City reserves the right, for reasons of operational efficiency, to fill the suspended employee's position and, in such case, the suspended employee would be entitled to the next available opening, provided that all other conditions (rehabilitation and positive test result) are met.
(2) 
Employees found to be in violation of this policy (confirmation of a positive drug/alcohol test) on a second occasion will be immediately dismissed.
Any employee returning to work with the City after being disqualified for a positive alcohol or drug test or returning to work after a leave of absence for voluntary substance abuse treatment will be subject to random follow-up testing. The employee will be tested at least six times in the first 12 months after returning to duty and may be subject to follow-up testing without prior notice for up to 60 months. However, the employee is not given a fresh start after this period; the verified positive result remains on his/her files. If any employee tests verified positive on a subsequent post-rehabilitation testing, or on any other test during employment with the City, that employee shall be terminated from employment immediately.
Collection of the urine specimen shall be done in accordance with federal regulations, as described in 49 CFR, Part 40. Instructions for employees are attached as Appendix B. Collection will be done at a collection site designated by the MRO/Agent. A proper chain of custody shall be maintained. Should this chain be broken, the test shall be invalidated and a new collection made.
A. 
All drug testing required by the City Public Works Department will be performed in accordance with Department of Transportation guidelines. Drug testing is by urinalysis using split samples. Split-sample testing requires the specimen be divided into two separate bottles during the collection process. These two bottles are designated as: the primary specimen, which shall contain no less than 30 milliliters of urine; and the split specimen, which shall contain no less than 15 milliliters of urine. Upon arrival at the laboratory, the primary specimen will be opened and tested. In the first screening test, immunoassay techniques are used to screen urine specimens for classes of drugs. In the second or confirmation test, any positive results found in the first screening will be confirmed using the tandem technique of gas chromatography/mass spectrometry (GC/MS), which positively identifies and quantifies the presence of specific drugs. No test result will be reported by the laboratory to the Medical Review Officer (MRO) as a positive drug test result unless both the initial screening test and the confirmation test are positive. The laboratory shall report the test results to the Medical Review Officer (MRO), who shall evaluate the chain of custody, urine custody form and test results.
B. 
The MRO will perform the following duties for the City:
(1) 
The MRO will review the results of each drug test before it is reported to the City.
(2) 
The MRO will review and interpret each confirmed positive test result in the following manner to determine whether or not there is an acceptable medical explanation for the confirmed positive result:
(a) 
The MRO will conduct a medical interview with the employee, either in person or by phone.
(b) 
The MRO will review the employee's medical history and relevant biomedical factors.
(c) 
The MRO will review medical records made available by the employee to determine if a confirmed positive result could be attributed to the use of legally prescribed medication.
(d) 
The MRO will require, if it is deemed necessary, that the original specimen be reanalyzed.
(e) 
The MRO will verify that the laboratory report and assessment are accurate.
(f) 
If the MRO determines that there is a legitimate medical explanation for the confirmed positive result; he will take no further action other than informing the City of his determinations that the test result is negative.
(3) 
If the MRO verifies that a confirmed positive test result is scientifically sufficient and that there is no legitimate medical explanation for the confirmed positive result, the MRO shall immediately contact the City's designated representative (who will instruct the employee's supervisor to immediately suspend the employee pending management review and determination of appropriate action) and the employee.
(4) 
The MRO will determine whether and when a rehabilitated employee may return to work.
(5) 
The MRO will determine a schedule of post-rehabilitation testing, after consulting with the City's designated representative, for an employee returning to work after rehabilitation.
(6) 
The MRO will ensure that an employee is tested in strict compliance with DOT procedures before an employee may return to work after rehabilitation.
(7) 
If the MRO so determines, based upon a review of laboratory inspection reports, quality assurance and quality control data and other drug test results, that a particular drug test result is scientifically insufficient, the MRO will conclude that the test is negative, and no further action shall be taken. The MRO may request a reanalysis of the original specimen prior to making this determination. The MRO may request the reanalysis be performed by the same laboratory or that an aliquot of the original specimen be sent for reanalysis to an alternate laboratory certified by the United States Department of Health and Human Services (DHHS). The laboratory shall assist the MRO in making his/her determination by having its personnel available to the MRO for consultation upon request by the MRO.
(8) 
Reporting and review of results.
(a) 
Review by MRO. The MRO will review all test results prior to the transmission of results to the City to consider possible alternate medical explanations for confirmed test results. The MRO shall have the qualifications and responsibilities, including those pertaining to the investigation, confirmation and communication of verified positive and negative test results and the disposition of scientifically insufficient test results, as set forth in the Medical Review Officer section of this plan.
(b) 
Positive test results.
[1] 
If, after making all reasonable efforts and documenting them, the MRO is unable to reach the individual directly, the MRO shall contact the City's designated representative, who shall direct the individual to contact the MRO as soon as possible. The City's designated representative shall employ procedures that ensure, to the maximum extent practicable, the requirement that the employee contact with the MRO is held in confidence.
[2] 
If, after making all reasonable efforts, the City's designated representative is unable to contact the employee, the MRO may place the employee on temporary, unpaid leave.
[3] 
The MRO may verify a test as positive without having communicated directly with the employee about the test in three circumstances:
[a] 
The employee expressly declines the opportunity to discuss the test.
[b] 
The City's designated representative has successfully made and documented a contact with the employee and instructed the employee to contact the MRO, and more than five calendar days have passed since the date the employee was successfully contacted by the designated employer representative; or
[c] 
Other circumstances provided for in DOT agency drug testing regulations.
[4] 
Under the split-test method, and if the employee so chooses the split-test method, such test may be conducted, and if there is a positive result, the provisions/procedures of this section shall apply.
[5] 
If a test is verified positive under the circumstances specified in this section, the employee may present to the MRO information documenting that serious illness, injury or other circumstances unavoidably prevented the employee from timely contacting the MRO. The MRO, on the basis of such information, may reopen the verification, allowing the employee to present information concerning a legitimate explanation for a confirmed positive test. If the MRO then concludes that there is a legitimate explanation, the MRO may declare the test to be negative.
[6] 
Following verification of a positive test result, the MRO shall refer the case to the City's designated representative for other rehabilitation or administrative action.
(c) 
Verification for opiates. Before verifying a confirmed positive test result for opiates, the MRO shall determine that there is clinical evidence other than, or in addition to, the urine test of unauthorized use of any opium, opiate or opium derivative, unless confirmation testing for opiates confirms the presence of monoacetyimorphine.
(d) 
Authorized reanalysis. Only the MRO may order a reanalysis of the original primary specimen. The employee may submit a written request for a retest of the original specimen to the MRO for a reanalysis of the specimen within 60 days following the day the employee was informed by the MRO that he or she tested verified positive for drug use. The MRO shall then authorize the reanalysis at the City's expense.
(e) 
Disclosure of results. Except as provided in this section, the MRO shall not disclose to any third party medical information provided by the individual to the MRO as a part of the testing verification process.
[1] 
The MRO may disclose such information to the City, DOT or other federal safety agency, law enforcement officials or a physician responsible for determining the medical qualification of the employee under an applicable DOT agency regulation, as applicable, only if:
[a] 
An applicable DOT regulation permits or requires such disclosure;
[b] 
In the MRO's reasonable medical judgment, the information could result in the employee being determined to be medically unqualified under an applicable DOT agency rule; or
[c] 
In the MRO's reasonable medical judgment, in a situation in which there is no DOT agency rule establishing physical qualification standards applicable to the employee, the information indicates that continued performance by the employee of his or her safety-sensitive function could pose a significant safety risk.
[2] 
Before obtaining medical information from the employee as part of the verification process, the MRO shall inform the employee that information may be disclosed to third parties as provided in this subsection and the identity of any parties to whom information may be disclosed.
C. 
The City will not knowingly use as an employee any person who has failed a drug test (i.e., tested verified positive for use of prohibited drugs) and whose use of the prohibited drugs has been determined by the MRO to have no legitimate medical explanation. The City will not knowingly use as an employee any person who refuses to take a drug test as required pursuant to this policy and 49 C.F.R. Parts 199 and 391.
D. 
The City will immediately remove the employee from his/her job as a result of a verified positive test and will suspend the employee pending management review and determination of appropriate action.
A. 
The Department of Transportation rules require breath testing for alcohol. This testing must be done using an evidential breath-testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA). This testing can only be performed by a Breath Alcohol Technician (BAT) that is certified in the equipment being used.
B. 
Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result, if less than 0.02 alcohol concentration, is considered a negative test, and no further testing is required. If the initial screening shows an alcohol concentration of 0.02 or greater, a second or confirmation test is required. The confirmation test must be taken 15 minutes after the initial screening. During that fifteen-minute period the employee being tested is to remain with the Breath Alcohol Technician and must refrain from eating, drinking, smoking or belching. After the fifteen-minute waiting period, a second breath test will be performed. The results of the second test stand and become the official test result.
C. 
If the confirmation test result shows an alcohol concentration of 0.02 or less, the official test result is negative, and no action is required. If the result of the confirmation test is 0.02 or greater, action by the employer is required pursuant to policies set forth herein.
D. 
As well as potential disciplinary actions, other initial employer response to breath-testing results that show an alcohol concentration of 0.02 or greater are as follows:
(1) 
If the tested employee's alcohol concentration is between 0.02 and 0.039, the regulations call for the removal of the driver for at least 24 hours and until a negative screen is revealed.
(2) 
If the tested employee's alcohol concentration is 0.04 or higher, he/she must immediately be removed from any safety-sensitive duties until he/she has been evaluated by a substance abuse professional (DOT regulations have specific guidelines for who qualifies as a substance abuse professional), has complied with any recommended treatment and has taken and passed a return-to-duty alcohol test (result must be less than 0.02). The employee is then subject to unannounced follow-up testing. (See § 75-55, Follow-up testing.)
(3) 
All other actions as set forth earlier in this policy.
E. 
Applicants and employees are expected to report for alcohol and drug testing as required by this policy and in accordance with township testing procedures. Employees are to report to work with no alcohol or illegal drugs in their bodies. Any refusal to submit to alcohol breath testing or urinalysis drug testing as directed by supervisory personnel will be considered a refusal-to-test and may subject the employee to disciplinary action up to and including termination.
The results of any drug test will be reported and recorded in a confidential manner. Allowable communication of medical or test results will follow guidelines established in 49 C.F.R., Part 40. The results will not be reported to any additional parties without the employee's written authorization, except as outlined in 49 C.F.R., Part 40. A copy of the individual's test results will be available upon request.
A. 
The City, through its agent, will take steps in its arrangements for testing to ensure that the laboratory is certified by SAMHSA and meets the requirements of the United States Department of Transportation (DOT).
B. 
The chain of custody for any urine sample shall be maintained at all times. If the chain of custody is broken, after the tamperproof seal is applied, the employees shall be retested at the City's expense.
C. 
Any employee who receives a positive test result will have the right to ask the City's Medical Review Officer (MRO) to retest the sample at a NIDA-certified laboratory of the employee's choice at the employee's expense. Employees whose sample is retested and the laboratory finds a negative finding will be reimbursed the cost of the test and returned to work.
D. 
The City, through its Agent, will make every effort to ensure that the equipment being used for alcohol breath testing meets all the requirements of the Department of Transportation, and all testing will be performed by a qualified Breath Alcohol Technician.
A. 
Any employee engaging in the manufacture, distribution, dispensing, possession or use of prohibited substances on City premises, in City vehicles or while on City business may face disciplinary action, up to and including termination. Any manufacture, distribution, dispensing, possession or use of prohibited substances by any employee in any manner which affects the employee's job performance or which may cause the public or a government or corporate body to lose confidence in the City's ability to perform its responsibilities may result in disciplinary action, up to and including termination. Law enforcement officials could be notified, as appropriate, where criminal activity is suspected. Any employee convicted of violating a criminal drug statute or drunk driving law/statute will notify the designated City representative within three calendar days of any such conviction.
B. 
Any employee who refuses to comply with a request for drug testing shall be considered as having produced a positive test result and may be subject to disciplinary action, up to and including termination. Any employee who provides false information, in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration or substitution shall face disciplinary action up to and including termination. In the event that the laboratory detects any substance which has been added to the sample to interfere with the normal testing process, this will be considered a refusal to test, and the same sanctions will apply.
C. 
The City reserves the right to inspect, investigate and search for controlled substances at any time, without prior notice, on or in any and all City premises and vehicles. All coolers are subject to inspection. Refusal to cooperate with any inspection, investigation or search that is authorized by a City representative or by a court of competent jurisdiction shall result in disciplinary action, up to and including termination.
D. 
This policy applies to all Public Works Department employees. Visitors, vendors and contractors are also governed by this policy while on City property or providing services to or for the City. Failure on the part of vendors or contractors to adhere to this policy will cause the City to cease to do business with that concern.
A. 
The City strongly encourages an employee with a drug/alcohol abuse problem to voluntarily step forward to tell the City.
B. 
The City will assist in referring the employee to community assistance programs. An unpaid leave of absence will be granted for a reasonable period for treatment. Use of accumulated sick or vacation leave, where applicable and approved by the Superintendent, may be granted on a case-by-case basis.
C. 
It is crucial to note that the accommodations in this section apply only when an employee voluntarily comes forward. If a substance abuse problem is disclosed to the City only after there has been a positive drug test, a violation of a City rule or standards, a violation of law or a violation of this policy, the same conditions outlined in § 75-54A of this policy apply. If an employee fails to remain drug-free after the first voluntary rehabilitation, he/she will be discharged.
A. 
In an effort to educate employees in the dangers of drug use and the City's commitment to keeping drugs out of the workplace, each employee will receive information covering the dangers of substance abuse, the City's commitment to an alcohol- and drug-free workplace and the penalties for violation of this policy.
B. 
Supervisory employees will receive at least five hours of training on identifying those individuals who might be impaired by the use of drugs.
Each employee or prospective employee shall be given a copy of this policy. He/she must acknowledge receipt and understanding of the policy as a condition of employment. A sample of this acknowledgment is attached as Appendix A.
A. 
The City has designated __________________________ to administer this company's antidrug/alcohol program. It has contracted with ___________________________ for the collection and testing to be done under ____________________________'s standard procedures, and for the employee awareness and supervisory training program as designed and administered by ____________________________; all as more particularly required by the City antidrug/alcohol program.
B. 
The Medical Review Officer and Drug/Alcohol Testing Laboratory shall be those entities utilized by __________________ in its contract with the City.
APPENDIX A
Acknowledgment
This will certify that I, ____________________, have been given a copy of the City of Long Branch's Public Works Department Policy addressing alcohol and drugs in the workplace, and that I fully understand said policy and agree to comply with all terms and requirements set forth herein.
EMPLOYEE
___________________________________
DATE
___________________________________
WITNESS
___________________________________
DATE
___________________________________
APPENDIX B
Donor's Checklist for Drug Testing
   The collection of your urine will be conducted under procedures mandated by the Department of Transportation. The DOT regulations provide for your individual privacy unless there is reason to believe that you may have altered or substituted the urine specimen.
   Please take a few minutes to read the following information, which describes your role in the collection process.
   Present required photo identification to the collector. If you do not have a photo ID, an employer representative will be asked to identify you.
   You may ask the collector to show his/her identification.
   Remove any unnecessary outer garments, e.g., coat, jacket. All personal belongings (e. g., purse, briefcase) must remain with outer garments. You may ask for a receipt.
   When instructed by collector, wash and dry your hands.
   You will be provided a sealed specimen bottle or collection container, or the collector may unwrap it in your presence. You will be allowed to select your specimen kit from a box full of like, sealed specimen kits.
   You may provide the specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy.
   After providing the specimen to the collector, he/she will divide the sample into two separate bottles.
   You should initial the security tape on the specimen bottles to certify that it is your specimen. These sealed bottles will then be placed in a security bag or security box. These will be sealed with security tape in your presence.
   You should observe the entire collection procedure.
   You should complete the information on copies 3 through 6 of the custody and control form. You will be given a copy of the completed form after the collector has completed his/her certification.
   You should NOT list medications/prescriptions on any other copy of the form except the copy which you are given for your records.
   The results of the laboratory analysis will be forwarded to our Medical Review Officer. If the laboratory results are negative, the MRO will notify your employer. If the laboratory results are positive, the MRO will contact you at the phone number you provided to give you the opportunity to discuss the test results.
APPENDIX C
Prohibited Conduct
   The following conduct is specifically prohibited by law:
A.
Alcohol concentration.
(1)
No employee shall report for duty or remain on duty while having an alcohol concentration of 0.04% or greater, and no employer having actual knowledge that an employee has a concentration of 0.04% or greater shall permit an employee to perform or continue his/her duties.
(2)
An 0.02 or greater means no functions can be performed for 24 hours and another negative screen is revealed to the employee's supervisor.
B.
Alcohol possession. No employee shall be on duty or operate a motor vehicle while on duty with the City while possessing alcohol, unless the alcohol is manifested and transported as part of the shipment. No employer having actual knowledge that the employee possesses alcohol may permit the employee to drive or continue to drive a motor vehicle.
C.
On-duty alcohol use. No employee shall use alcohol while performing his/her duties, and no employer having actual knowledge that an employee is using alcohol shall permit the employee to perform or continue to perform his/her duties.
D.
Pre-duty alcohol use. No employee shall perform his/her duties within four hours after using alcohol if such use impairs the employee's duties, and no employer, having actual knowledge that an employee has used alcohol within the preceding four hours, shall permit an employee to perform or continue to perform his/her duties if such use impairs the employee's duties.
E.
Alcohol use following an accident. No employee, who is subject to a post-accident alcohol test, shall use alcohol for eight hours following the accident or until he or she undergoes a post-accident alcohol test, whichever occurs first.
F.
Refusal to submit to a required alcohol or controlled substance test. No employee shall refuse to submit to an alcohol or controlled substance test under any circumstances in which the City rules require such a test. No employer shall permit an employee who refuses to submit to such test to perform or continue to perform.
G.
Controlled substances use. No employee shall report for duty or remain on duty when the employee uses any controlled substances, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability. No employer having actual knowledge that the employee has used controlled substances shall permit the employee to perform or continue to perform his/her duties. An employer may require an employee to inform the employer of any therapeutic drug use.
H.
Positive test for controlled substances. No employee shall report for duty or remain on duty if the employee tests positive for controlled substances. No employer having actual knowledge that an employee has tested positive for controlled substances shall permit the employee to perform or continue to perform his/her duties.
APPENDIX D
City of Long Branch
Pre-Employment Drug Testing Policy and Procedure
   The City of Long Branch is dedicated to providing a safe workplace for its employees and residents. In continuation of this commitment, it is the policy of Long Branch to conduct pre-employment and for-cause drug screening programs. Job applicants in Long Branch will undergo testing for the presence of illegal drugs as a condition of employment.
   Procedure:
1.
Once a candidate is selected for a position and an offer of employment is accepted, the candidate will be required to undergo a pre-employment drug screen within 48 hours of the job offer. All offers of employment will be conducted by the Personnel Department and are conditional upon completion of a drug screening test.
2.
Candidates will be instructed by the Personnel Department where the nearest testing centers are located.
3.
Test results will be received by the City's Medical Review Officer within three business days. Results will be reported to the Personnel Department at the end of each business day.
4.
In the result of a positive test, a confirmation test will then be conducted by the medical laboratory. If the results of the confirmation test are positive, the offer of employment will be rescinded.
5.
Supervisors will be notified by the Personnel Department of the candidate's employment status.
6.
A minimum of one week will be required for the above actions to take place.