[Adopted 12-17-1997 by Ord. No. 33-97]
The provisions of this article shall apply to
all employees of the Borough of Maywood except as otherwise specifically
provided herein.
As used in this article, the following terms
shall have the meanings indicated:
The unlawful manufacture, distribution, dispensation,
possession, or use of any controlled dangerous substance as defined
in any law of the State of New Jersey or of the United States;
The use or consumption of an alcoholic beverage
or controlled dangerous substance in such manner or in such quantity
so as to adversely affect an employee's work performance or ability
to carry out job-related duties.
The taking of samples of urine and/or blood or the taking
of breath samples and the testing thereof to determine the presence
of controlled dangerous substances or the presence of alcoholic beverages.
A.
As a condition of employment with the Borough of Maywood,
an applicant selected for employment on a permanent basis by the Borough
of Maywood shall be required to submit to substance screening.
B.
Any applicant for employment who refuses to submit
to such substance screening or who is determined as a result of such
substance screening to have violated the provisions of this article
regarding substance abuse shall not be employed by the Borough of
Maywood.
C.
All advertisements and announcements of employment
positions with the Borough of Maywood shall contain a notice that
substance screening is a condition of employment; provided, however,
that the failure to provide such notice shall not preclude such preemployment
substance screening.
A.
Whenever medically indicated, as part of any regularly
scheduled medical examination or routine medical examination scheduled
in connection with an injury, accident, disability, worker's compensation
claim, illness, or sick leave abuse, the Borough may require an employee
to submit to the taking of blood and/or urine samples;
B.
Whenever an employee's supervisor shall have individualized
reasonable suspicion that an employee may have committed substance
abuse, the supervisor shall prepare a report, in writing, identifying
the employee and setting forth, in detail, the factual basis for such
individualized reasonable suspicion. Where the individualized reasonable
suspicion is based upon the observations of other than the supervisor
preparing the report, the supervisor shall obtain and attach to the
report a written witness statement signed by the observer.
C.
Upon completion of the written report, the supervisor
shall sign same and submit same to the respective department head.
The department head shall review said report, and any accompanying
documentation, and may, in his discretion, request additional information,
question witnesses, consult with the employee or conduct his own investigation.
If the department head reasonably determines that the report and accompanying
documents, together with the results of any further investigation,
result in an individualized reasonable suspicion that an employee
has violated the provisions of this article relating to substance
abuse, the department head may, after prior consultation with the
Borough Attorney, or his designee, and the approval of the Borough
Administrator, or his designee, direct the employee to undergo mandatory
substance screening.
D.
Employees who are required to maintain a Commercial
Driver's License (CDL) are subject to random drug testing as required
by the federal government.
[Added 6-5-2008 by Ord. No. 15-08]
A.
The taking of samples shall be performed in a medically
acceptable manner and, with respect to the taking of urine samples,
in the presence of a monitor of the same gender as the employee from
whom the same is taken.
B.
Samples of urine or blood shall be processed and stored
in accordance with accepted chain of evidence and evidence storage
procedures.
C.
Samples of urine or blood shall be identified by social
security number and shall not contain the employee's name.
D.
Pending official action, all reports and test results
shall be confidential and shall not be disclosed, without the employee's
consent, except to Borough personnel required to administer the substance
abuse program, law enforcement agencies and the employee.
E.
At least two samples of urine or blood shall be taken,
one of which shall be made accessible to the employee or his attorney.
F.
Testing of urine or blood samples for use as evidence
in any disciplinary proceeding shall be performed by a reputable testing
laboratory; provided, however, that testing of samples taken from
law enforcement personnel shall be tested at the State Police Laboratory
or such other laboratory designed by the Attorney General's office.
An employee shall be guilty of violating this
article if such employee:
A.
Any employee who witnesses another employee of the
Borough of Maywood violating the provisions hereof relating to substance
abuse while such employee is on duty or is present upon Borough premises
shall immediately notify his immediate supervisor who, in turn, shall
notify the department head of such other employee;
B.
Employees shall, upon request by the Borough, prepare
and sign written statements respecting their observation and knowledge
of substance abuse by any other employee and shall testify concerning
such observations respecting such substance abuse brought by the Borough
of Maywood.
C.
Any employee who willfully fails to disclose any knowledge of substance abuse by another employee pursuant to Subsection A hereof or who refuses to sign and prepare a written statement or testify thereon, shall be in violation of this article.
D.
Employees must notify their supervisor within five
days of conviction for a drug- or alcohol-related violation, whether
or not the violation occurred in the workplace.
[Added 6-5-2008 by Ord. No. 15-08]
A.
The Borough may require an employee, prior to submitting
to substance screening, to complete a medical information questionnaire
specifying the name of any controlled dangerous substance, the recommended
dosage, prescribing physician and the date during the past 30 days
on which the controlled substance was last taken.
B.
The Borough of Maywood may require any such employee
to submit a written prescription or other proof that the controlled
substance has been lawfully prescribed.
C.
Prescription drugs.
[Added 6-5-2008 by Ord. No. 15-08]
(1)
Employees using prescription drugs that may affect
job performance or safety must notify their supervisor, who is required
to maintain the confidentiality of any information regarding an employee’s
medical condition in accordance with the Health Insurance Portability
and Protection Act. Borough personnel who hold a commercial driver’s
license (CDL) are subject to the provisions of the Commercial Driver’s
Licenses Drug and Alcohol Testing Policy. (A program to assist employees
who may have a drug/alcohol problem is provided through the Borough's
Employee Assistance Program.)
(2)
No prescription drug should be used by any person
other than the individual to whom it is prescribed. Such substances
or nonprescription (over-the-counter) drugs should be used only as
prescribed or indicated. Employees are prohibited from consuming prescription
drugs that are not prescribed in their name on Borough property or
while performing Borough business.
(3)
Soliciting or distributing prescription drugs for
or to other employees is also strictly prohibited.
The Borough Administrator may promulgate or
adopt such additional guidelines and regulations, not inconsistent
herewith, respecting the prevention and detection of substance abuse.
Any employee found to have violated the provisions
of this article:
A.
May be required to participate in and satisfactorily
complete a substance abuse treatment program as a condition of either
continued employment or reemployment.
B.
May be reported to the County Prosecutor and, with
respect to law enforcement officers, have his or her name included
in a registry maintained by the Division of State Police.
C.
Shall be subject to the institution of disciplinary
proceedings, and possible dismissal thereunder.
