[Added 11-13-1996 as Ord. No. 96-23]
Manalapan Township has a strong commitment to the health, safety and welfare of its employees, their families and its residents. Widely available statistics and information is increasing and that the effect is devastating to lives, business and the community at large. Manalapan Township is concerned that due to the potential for abuse among some of our employees, the safety of our employees and the general public could be endangered. Our commitment to maintaining a safe and secure workplace requires a clear policy and supportive programs relating to the detection, treatment and prevention of alcohol and other drug abuse by employees.
A. 
It is the goal of Manalapan Township to provide a safe workplace by eliminating the hazards to health and job safety created by alcohol and other drug abuse. We believe this goal to be in the best interest of our employees and our residents.
B. 
It is Manalapan Township's policy to achieve an alcohol and drug-free work force and to provide a workplace that is free from the use of alcohol, illegal drugs and controlled substance/prescription medication abuse.
A. 
This policy applies to all employees of Manalapan Township while on the job and to situations where an employee's off-the-job or off-premises conduct impairs work performance or undermines the public's confidence in, or harms the reputation of, Manalapan Township.
B. 
Although Manalapan Township has no intention of intruding into the private lives of its employees, we recognize that involvement with alcohol or other drugs off the job eventually takes its toll on job performance. Our concern is to assure that employees report to work in condition to perform their duties safely and efficiently in the interest of their fellow workers and residents as well as themselves.
A. 
Manalapan Township will not tolerate or condone alcohol or other drug abuse. It is the policy of Manalapan Township to maintain a workplace free from alcohol and other drug abuse and its effects.
B. 
It is the policy of Manalapan Township that employees who engage in the sale, use, possession, or transfer of illegal drugs or controlled substances, or who offer to buy or sell such substances; the use of alcohol prior to or during work hours; or the abuse of prescribed drugs will be subject to disciplinary action up to and including termination. Employees using prescribed medications that may impair performance are required to inform their employer.
C. 
Manalapan Township expects the full support of this policy by all employees.
A. 
As a responsible employer and member of the community, Manalapan Township:
(1) 
Create an awareness in employees and their families of the impact of alcohol and other drug abuse and addiction.
(2) 
Administer programs that consider employee rights, are positive in their intent, and are within legal boundaries.
(3) 
Recognize that there may be employees who have an alcohol or other drug problem and stand willing to assist in the resolution of that problem by encouraging employees to seek help through local resources.
(4) 
Utilize all channels and resources available to Manalapan Township to educate and increase the awareness of employees.
B. 
In addition, Manalapan Township may take any and all of the following actions:
(1) 
Conduct alcohol and other drug screening tests both prior to and during employment when there is reasonable suspicion.
(2) 
Inspect persons and their property in our employ or doing business with Manalapan Township when there is reasonable suspicion.
(3) 
Cooperate with outside law enforcement agencies.
(4) 
Take any other actions deemed necessary and appropriate by Manalapan Township.
Manalapan Township believes that each employee has the responsibility to:
A. 
Report to work and remain at work free of alcohol or other drugs and their effects at all times.
B. 
Operate Township vehicles both on and off the job in a safe manner, which includes being free of alcohol or other drugs and their effects at all times.
C. 
Refrain from the manufacture, possession, distribution, sale, dispensation, or use of illegal drugs on or off Township property.
D. 
Participate in and support Township-sponsored alcohol and other drug education and awareness programs.
E. 
Seek and accept assistance for alcohol and other drug abuse and addiction problems before job performance is affected.
F. 
Support Manalapan Township efforts to eliminate alcohol and other drug abuse among employees where it exists.
A. 
The term "illegal drug" means drugs and controlled substances, the possession or use of which is unlawful, pursuant to federal, state, and local laws and regulations in the United States. Drugs and controlled substances that are not legally obtainable, or that are legally obtainable but have not been legally obtained, are considered to be illegal drugs. The following is a partial list of controlled substances:
(1) 
Narcotics (heroin, morphine, etc.).
(2) 
Cannabis (marijuana, hashish, etc.).
(3) 
Stimulants (cocaine, crack, etc.).
(4) 
Depressants (tranquilizers).
(5) 
Hallucinogens (PCP, LSD, "designer drugs," etc.).
B. 
The term "controlled substance abuse" includes prescribed drugs not being used for prescribed purposes or in a prescribed manner.
Manalapan Township's policy prohibits the following:
A. 
Use, possession, manufacture, distribution, dispensation, or sale of illegal drugs whether on or off Township premises and whether during working or nonworking hours.
B. 
Use, possession, sale, or distribution of alcohol, or being under the influence of alcohol on Township premises, or in Township-supplied vehicles, whether during working hours or nonworking hours.
C. 
Controlled substance abuse whether on or off Township premises and whether during work hours or nonworking hours.
D. 
Storing any illegal drug in a tool box, automobile or other repository on Township premises.
E. 
Being under the influence of an illegal drug or engaging in controlled dangerous abuse on Township premises, or while engaged in Township business or in Township-supplied vehicles, or during working hours.
F. 
Testing positive for illegal drugs or controlled substances without a legal basis for use.
G. 
Switching or adulterating any urine sample submitted for testing, or submitting a false sample for testing.
H. 
Refusing consent to testing or refusing to submit a urine sample for testing when required by Manalapan Township.
I. 
Failing, when requested by Manalapan Township, to enroll in any alcohol or other drug treatment or counseling program and failing to adhere to the requirements of the program.
J. 
A reasonable suspicion of or conviction under any criminal drug statute for a violation occurring in the workplace or outside the workplace.
K. 
Failing to notify Manalapan Township of any indictment or conviction under any criminal drug statute within five days of the event.
L. 
Failing to comply with rules and regulations under any testing programs maintained by Manalapan Township pursuant to such rules and regulations.
A. 
Manalapan Township reserves the right to establish a testing program for alcohol, illegal drugs and controlled substances for all employees in its sole discretion.
B. 
Whenever Manalapan Township has reasonable suspicion that an employee has used illegal drugs or engaged in controlled substance abuse, whether during working hours or nonworking hours, on or off Township premises, Manalapan Township may require the employee to submit a urine or other acceptable sample for testing, as prescribed by Manalapan Township.
C. 
Manalapan Township will afford applicants and employees subject to testing, the opportunity, prior to testing, to list all prescription and nonprescription drugs and controlled substances they have used and to explain the circumstances surrounding the use of such drugs and controlled substances. Failure of any employee to establish adequately a legal basis for the use of any drug or controlled substance with respect to which the employee tests positive shall constitute a violation of this policy.
D. 
Manalapan Township, prior to taking any action, will give all employees who test positive a second test and the opportunity to explain in writing the test results. Failure of any employee to establish adequately a legal basis for the use of any drug or controlled substance with respect to which the employee tests positive shall constitute a violation of this policy.
E. 
Manalapan Township will establish and maintain any and all additional testing programs and requirements that may be necessary or appropriate to comply with applicable rules and regulations of government agencies.
A. 
Violations of this policy are subject to disciplinary action up to and including termination.
B. 
In addition to any disciplinary action, Manalapan Township may, in its sole discretion, refer the employee to a treatment or counseling program for illegal drug use or controlled substance abuse. Employees referred to such a program by Manalapan Township must immediately cease any use of alcohol, illegal drugs or controlled substances. The employee must comply with all conditions of the treatment or counseling program and disciplinary action. After successful completion of all requirements of the section, employees may be subject to the testing program.
C. 
Manalapan Township will promptly terminate any employee who tests positive for alcohol, illegal drug use, or controlled substance abuse, unless the employee establishes a legal basis for the alcohol or drug use while undergoing or after completion of treatment or counseling for alcohol or other drug abuse, when such treatment or counseling is required by Manalapan Township.