[Added 11-30-1993 by Ord. No. 1993-17]
The borough prohibits the unlawful manufacture,
distribution, dispensing, possession or use of any controlled dangerous
substance by any person in any municipal building, upon any municipal
grounds or during any activity or event sponsored by the borough.
A.
Every employee of this borough must, as a condition
of employment, agree to be bound by this policy. An employee who violates
the prohibitions or reporting requirements of this policy will be
subject to discipline, which may include dismissal. An employee whose
involvement with drugs results in a conviction for a crime of the
third degree or above or for an offense touching their position will
be deemed to have forfeited their public employment, pursuant to N.J.S.A.
2C:51-2.
B.
An employee who is convicted of a drug-related offense
must report the conviction to the borough within five days. The borough
will then, within 10 days thereof, report any such conviction resulting
from drug use in the workplace to any federal agency from which the
borough has received grant funds.
C.
The Mayor and Council shall take one of the following
actions against any employee so convicted within 30 calendar days
of receiving notice:
A.
The Administrator shall establish and maintain a program
to:
(1)
Alert employees as to the dangers of drug abuse in
the workplace;
(2)
Inform employees of the prohibitions against drugs
set forth in this policy;
(3)
Inform employees of the available drug counseling,
rehabilitation and assistance programs; and
(4)
Warn employees of the penalties that may be imposed
for violations of prohibitions set forth in this policy.
B.
This policy will be distributed to each employee,
including those engaged in the performance of services under a federal
grant, and will be prominently posted in each borough facility.
The borough will report to law enforcement officials
and prosecute as appropriate any employee or visitor who violates
the prohibitions of this policy.
[Added 2-27-1996 by Ord. No. 1996-4]
In accordance with the federally mandated anti-drug/alcohol
plan, 49 CFR 40, 199, 382 and 391, the borough's policy is as follows:
A.
The Borough of Stanhope will provide an Employee Assistance
Program for its employees and supervisory personnel, which will include
a program of education and training on the effects of drug abuse.
The borough 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 Stanhope employees whenever assistance is required.
Supervisory personnel who will be in a position to determine whether
an employee must be drug/alcohol tested based on reasonable cause
will receive a minimum of one hour of training on the specific physical,
behavioral and performance indicators of probable drug/alcohol abuse.
B.
Additionally, the Borough of Stanhope has been mandated,
by federal regulation, to implement and maintain a program of substance
abuse testing on all employees whose jobs are covered under the Federal
Department of Transportation regulation 49 CFR 40, 199, 382 and 391.
C.
The Borough of Stanhope has further determined it
necessary to take action against employees who unlawfully use, distribute
or possess alcohol, drugs or controlled substances during or outside
assigned working hours in order to prevent illegal activities and
to protect employees, the public and Borough of Stanhope property
from danger which may result from the illegal use of alcohol, drugs
or controlled substances. The objective of the policy is to provide
and maintain a safe, drug/alcohol-free work environment.
D.
The Borough of Stanhope has further determined that
it will not employ 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.
[Added 2-27-1996 by Ord. No. 1996-4]
The following terms shall have the meanings
indicated:
A person employed by the Borough of Stanhope in a capacity
which requires a commercial driver's license to be maintained, including
all Department of Public Works employees, including supervisors, all
of whom shall be included in the test pool.
The confirmation test result shows positive evidence of the
presence of a prohibited drug/alcohol in an employee's system.
Initial testing or confirmation testing does not show evidence
of the presence of a prohibited drug/alcohol in a person's system.
Any of the following substances specified in Schedule I or
Schedule II of the Controlled Substances Act, 21 U.S.C. § 801.812
(1981 and 1987 CUM. P. P.): marijuana, cocaine, opiates, amphetamines
and phencyclidine (PCP).
[Added 2-27-1996 by Ord. No. 1996-4]
A.
Preemployment testing. No employee will be hired unless
that person passes a drug/alcohol test or is covered by a recognized
anti-drug/alcohol program, documentation of which must be supplied
to the Borough of Stanhope Administrator.
B.
Postaccident testing. As soon as possible but no later
than two to eight hours after an accident occurs during employment
hours, any employee whose performance either contributed to the accident
or whose performance cannot be completely discounted as a contributing
factor to the accident shall be drug/alcohol tested. The decision
to test or not to test shall be in the sole discretion of the employer,
based upon the basic information available immediately after the accident.
The Superintendent, in conjunction with any other investigative personnel,
shall fully document the basis upon which a decision to test or not
to test is made. In the case of an accident involving a fatality or
involving the issuance of a citation to a Borough of Stanhope employee,
the involved employee shall automatically be tested. All covered employees
shall immediately report all accidents or citations issued during
the employee's course of his/her shift regardless of the type or ownership
of vehicle involved in the accident or the citation.
C.
Random testing. At least 50% of all employees shall
be drug tested and 25% of all employees shall be alcohol tested every
12 months. The employees for testing shall be selected by using a
random number table that is matched with an employee's identification
number. During the first 12 months following the institution of random
drug/alcohol testing, the total number of tests conducted shall include
at least 25% of the employees required to be tested.
D.
Testing based on reasonable cause. Whenever there
is reasonable cause to believe that an employee is using a prohibited
drug/alcohol, such employee shall be drug/alcohol tested. The decision
to so test will be based on a reasonable belief that the employee
is using a prohibited drug/alcohol on the basis of the specific, contemporaneous,
physical, behavioral or performance indicators of probable drug/alcohol
use. One supervisor of the employee trained in detecting possible
drug/alcohol use symptoms shall substantiate the decision to test.
E.
Rehabilitation and discipline.
(1)
All employees are entitled to voluntarily participate
in the Employee Assistance Program, regardless of a positive test
result being received. However, if there is a positive test result,
participation in the Employee Assistance Program or an alternate program
approved by the Borough of Stanhope Administrator 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 0.040%
or greater. Employees with a pattern of readings between 0.020% and
0.039% will also be subjected to enrolling in a mandatory counseling
program.
(2)
In addition to completing a required course of rehabilitation,
employees shall be subject to the following discipline:
(a)
Following the confirmation of a positive test,
there shall be a minimum five-day suspension. In the case of an alcohol
test result between 0.020% and 0.039%, the penalty would be limited
to a suspension for the remainder of that day's work shift, unless
a pattern developed. The suspension shall remain in full force until
there is a negative retest provided to the Borough of Stanhope 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 Borough of
Stanhope 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, providing
that all other conditions (rehabilitation and negative test result)
are met.
(b)
Employees found to be in violation of this policy
(confirmation of positive drug/alcohol test) on a second occasion
will be immediately dismissed.
F.
Testing after rehabilitation. A person who returns
to duty as an employee after rehabilitation shall be subject to a
reasonable program of follow-up drug/alcohol testing without prior
notice for not more than 60 months after his or her return to duty.
G.
Administration. The Borough of Stanhope shall designate
a contractor to administer the borough's anti-drug/alcohol program
including the collection and testing, and for the employee awareness
and supervisory training; all as more particularly required by the
Borough of Stanhope anti-drug/alcohol program.
