Borough of New Providence, NJ DRUG AND ALCOHOL TESTING POLICY

Chapter 34 DRUG AND ALCOHOL TESTING POLICY

[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence 9-8-1997 by Ord. No. 97-9; amended in its entirety 3-9-1998 by Ord. No. 98-3. Subsequent amendments noted where applicable.]

§ 34-1 Policy.

The Borough of New Providence, in order to ensure the safety and welfare of its employees, supports the principles of a drug- and alcohol-free workplace. To that end, the borough has implemented a drug and alcohol testing program for all holders of commercial drivers licenses and employees in sensitive positions. No such borough employee may work while impaired by a depressant, stimulant, narcotic, alcohol, drug or substance that may alter behavior or impair performance of duties. This policy has established protocols to ensure that testing is performed in a manner which protects the employee's right of privacy and provides equal nondiscriminatory treatment for all staff members.

The Borough of New Providence believes its employees are its most valuable asset. To that end, provision of an Employee Assistance Program and access to rehabilitative care are provisions of this policy.

Due to the at-will nature of the employment relationship, and the noncontract relation of policy, refusal to submit to testing will be managed as if the test result is positive.

§ 34-2 Scope.

Because of the complexities of various departments, the interdependence of services and the multiple responsibilities associated with providing services, all employees in sensitive positions are subject to testing.

Alcohol. Alcohol, a socially acceptable drug, when consumed for physical and mood-altering effects, is a substance of abuse. As a depressant, it slows down physical response and progressively impairs mental functions. No alcohol use is condoned during the workday. In addition, employees are expected to arrive for work "fit for duty." No alcohol should be consumed for four hours prior to arrival to work.

Controlled substances. Use of any illicit drugs will not be tolerated at the various departments. No employee may work when under the influence of any of these illegal substances.

(1)

Cannaboids (Marijuana).

(2)

Cocaine.

(3)

Opiates: opium, heroin.

(4)

Amphetamines (speed, bennies).

(5)

Phencyclidine (PCP).

Prescription medication. Employees are to refrain from any drug use that could effect the safe performance of duties. A drug that has been prescribed by a physician can only be used if the physician has advised the employee that the drug will not adversely affect the employee's ability to safely perform the job duties. Prescriptions must be provided for justification of positive test results. Verification on prescribing physician's letterhead is acceptable.

§ 34-3 Drug and alcohol testing circumstances.

Testing is to be done in the following situations:

Preplacement physicals. All employees going though the preplacement process are to be drug tested. No employee may start work until the Borough of New Providence has received a report from the MRO (Medical Review Officer) indicating verified negative test results. The applicant may be excluded from testing if documentation is provided of a negative forensic drug test done within the previous 30 days.

Random testing. Random testing for drugs will be performed at a minimum rate of 50% of the total number of employees subject to the standard, and random testing for alcohol will done at a rate of 25% of the total number of employees subject to the standard. All tests are conducted during the employees work hours. Employees are chosen for testing using a computer-based random number generator that is matched with the employee's social security number. These tests are unannounced and spread reasonably throughout the year. Those selected will proceed immediately for testing upon notification of selection. In the event that the employee selected for testing is on vacation, out on sick leave or otherwise unavailable, the selection will be kept confidential until the employee returns.

Reasonable suspicion. Reasonable suspicion is based on specific, contemporaneous articulate observations of a supervisor trained in the recognition of substance abuse. Documentable signs involve appearance, behavior, speech or body odors or specific aberrancies in the job performance of the employee. The supervisor will complete a form documenting the behavior. This form must be completed within 24 hours of the witnessed behavior. It is suggested, though not mandated, that a supervisor get a corroborating signature from a second supervisor trained in the recognition of workplace substance abuse.

(1)

Alcohol testing must be done within two hours of an incident, or a written explanation is required. A qualified agency is to maintain the supervisor's explanation for delay of testing on record. If testing is not completed within eight hours of an incident, the employee may no longer be tested. However, the supervisor must still complete an explanation for the nonperformance of the test. This record will be kept in the employee's drug testing file.

(2)

Drug testing must be performed within 32 hours of an incident. If testing is not done in that time frame, the supervisor must prepare a record as to the reasons for failure to test.

Post-accident. This testing will be conducted when an employee is involved in a motor vehicle accident or when, after examination by the physician, it is determined there is a need for testing.

(1)

Alcohol testing must be done within two hours of the accident, or a written explanation is required. A qualified agency is to maintain the supervisor's explanation for delay of testing on record. If testing is not completed within eight hours of the accident, the employee may no longer be tested. However, the supervisor must still complete an explanation for the nonperformance of the test. This record will be maintained in the employee's drug testing file.

(2)

Drug testing must be performed within 32 hours of the accident. If testing is not done in that time frame, the supervisor must prepare a record as to the reasons for failure to test.

Return to duty. An employee who has been removed from duty must submit to a return-to-duty test. This would be after the return evaluation by the substance abuse professional. The test is not confined to the substance involved in the initial test. The employee may not return to work until the borough has received a report from the Medical Review Officer indicating a verified negative test result.

Follow-up. After return to work from rehabilitative care, unannounced follow-up testing is to be performed at a rate of six tests over a period of 12 months, and can be performed up to 60 months. The substance abuse professional can require extension of follow-up testing and may also terminate follow-up testing after the minimum has been met.

§ 34-4 Alcohol testing methodology.

Breath Alcohol Testing Technician (BATT). Alcohol testing will only be performed by certified BATTS. The HNH BATT's are trained to proficiency in the use of the EBT used by the hospital as well as alcohol testing procedures. Certification is renewed biannually by a trainer approved by the manufacturer of the Evidential Breath Testing (EBT) device used. This course is equivalent to the Department of Transportation model course. BATT's perform tests as technicians only, performing no clinical role at the time of testing.

Evidential Breath Testing device. A qualified agency utilized the National Draeger Breathalyzer Model 7410 for all alcohol testing. The device is NHTSA approved and is subject to the Quality Assurance Plan (QAP) as established by National Draeger. The EBT device has the capability of printing results and sequential numbering.

Quality Assurance Plan (QAP). Wet bath calibrations are performed on the EBT every six months in accordance with the QAP plan established by National Draeger, and weekly external calibration checks are performed to specific tolerances as determined by the manufacturer or the OHS staff. DOT Evidential Breath Testing forms are used to document all testing. Records of calibrations are kept on file in OHS.

Alcohol testing site. All alcohol testing is conducted at a location that provides both visual and aural privacy to those being tested, sufficient to prevent unauthorized persons from seeing or hearing results. The BATT shall supervise only one employee's use of an EBT at a time.

Alcohol testing form. Tests are documented on the standard DOT Breath Alcohol Testing Form. In addition, a log book will be used for recording calibrations and sequential testing numbers as needed.

§ 34-5 Alcohol testing procedures.

Preparation for testing. When a borough employee arrives for testing, the BATT will require positive identification through the use of employee photo identification card. Should the employee request it, the BATT shall provide identification to the employee. The BATT shall explain the testing procedures.

Administration of the initial test.

(1)

The BATT completes Step 1 on the Breath Alcohol Testing Form.

(2)

Have the employee sign Step 2 on the form. Note: Refusal to sign Step 2 is considered a refusal. The contact person is notified of the employee's refusal and the test not performed.

(3)

Open a new, individually sealed mouthpiece in view of the employee and attach it to the EBT.

(4)

Instruct the employee to blow forcibly into the mouthpiece for at least six seconds or until the EBT indicates that an adequate amount of breath has been obtained.

(5)

Await the results on the EBT and show them to the employee.

(6)

If the result of the screening is an alcohol concentration of less than 0.020, date and sign certification and fill in the date in Step 3 of the DOT Form. Have the employee sign the certification and fill in the date of Step 4 of the DOT Form. If employee refuses, put entry in remarks section of form. (Failure to sign Section 4 is not considered a refusal.) Give the employee Copy 2 of the Form. If testing is completed or is unnecessary and no physical is involved, thank the employee and release him.

Administration of the confirmatory test. Perform a confirmation test when results are greater than 0.020.

(1)

Explain to the employee that you are performing a confirmation test and that the employee: must not leave the area, must be observed by the BATT, must have nothing to eat or drink, must not put any object or substance in the mouth, must not belch to the extent possible. Leaving the area and subsequent failure to test within that time frame is considered refusal of the test. The confirmation results are the final results upon which the borough will act.

(2)

The test period starts 15 minutes from the completion of the screening and must be performed within 20 minutes of the screening. This is machine-driven and no exceptions may be made.

(3)

An EBT air blank is conducted. Read the air blank; if the reading is greater than 0.00, repeat the air blank once. Insert a new mouthpiece and have the employee provide a breath sample as delineated above.

(4)

Record the test results. Date and sign certification and fill in the date in Step 3 of the DOT Form. Have the employee sign the certification and fill in the date of Step 4 of the DOT Form. Give the employee a copy of the Form. Copy 1 and 3 are retained in OHS.

(5)

The borough contact person shall be notified of the positive test results.

Refusal to test and uncompleted tests.

(1)

Refusal by any employee to sign the Breath Alcohol Testing Form (Step 2), refusal to provide breath or an adequate amount of breath or otherwise preventing the adequate completion of testing will be considered a refusal.

(2)

The borough contact person is notified immediately upon refusal.

(3)

If a screening or confirmation test cannot be completed or if an event occurs that would invalidate the test, the BATT will begin a new screening or confirmation test. A new form is completed with a new sequential number.

Inability to provide an adequate amount of breath.

(1)

When the employee cannot provide adequate breath, the BATT shall repeat the instruction to the employee.

(2)

If the employee refuses to make a second attempt or if the employee fails in the second attempt, the borough contact person is notified as soon as possible.

(3)

The employee will undergo evaluation by the OHS physician to determine the employee's medical ability to provide an adequate breath.

(4)

The physician's determination is to be provided in writing as to the employee's ability to provide adequate breath, with information on material that lead to the determination.

Invalid tests. A breath alcohol test is considered invalid in the following circumstances:

(1)

The next external calibration check produces a result in excess of the QAP of the manufacturer.

(2)

The BATT does not observe the minimum fifteen-minute waiting period prior to confirmation test.

(3)

The BATT does not perform an air blank prior to a confirmation test or if the air blank does not result in a reading of 0.00 after two attempts.

(4)

The BATT does not sign the form.

(5)

Failure of the BATT to make notation of the employee's refusal to sign after receiving test results.

(6)

Failure of the BATT to print the confirmation test.

(7)

When the sequential number or alcohol concentration displayed on the EBT does not match the numbers on the printout.

§ 34-6 Drug test collection procedures.

Urine specimen collection. Specimens are collected in the OHS area which has all the necessary personnel, materials, equipment, facilities and supervision to provide for collection, security, temporary storage and shipping or transportation of urine specimens to a certified testing laboratory. The standard drug testing custody and control form is used.

Collection procedures. The standard forensic chain-of-custody procedures are employed. Upon arrival, ask for photo identification or the employee will be accompanied by a known representative of the borough who will corroborate the employee's identification for OHS. The procedure is explained to the employee and written instructions are provided. Collection procedures are delineated in the HNH Drug Testing Competency Check List. This assures that the OHS staff maintains the integrity of the specimen collection and transfer process. It also provides the modesty and privacy of the donor. OHS avoids any conduct or remarks that might be construed as accusatory or otherwise offensive or inappropriate. Complete the chain-of-custody form appropriately and distribute as delineated on the form.

§ 34-7 Testing methodology.

Appropriate laboratory. A qualified agency uses a laboratory that is certified under the Department of Health and Human Services Mandatory Guidelines for Federal Workplace, Drug Testing Programs, 53 FR 11970, April 11, 1988, and subsequent amendments thereto.

Initial screen. An immunoassay screen is run on all urine specimens to eliminate "negative" urine specimens from further analysis. The immunoassay meets the requirements of the Food and Drug Administration for commercial distribution. The initial cutoffs are as listed below:

	Substance	Initial Test Cutoff Levels (ng/ml)
	Marijuana metabolites	100
	Cocaine metabolites	300
	Opiate metabolites	300*
	Phencyclidine	25
	Amphetamines	1,000

NOTES: * 25 ng/ml if immunoassay specific for free morphine.

Confirmatory tests. All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the cutoff levels listed below. All confirmations shall be by quantitative analysis.

Substance		Confirmatory Test Cutoff Levels (ng/ml)
Marijuana metabolites		15
Cocaine metabolites		150
Opiate:
	Morphine	300
	Codeine	300
Phencyclidine		25
Amphetamines:
	Amphetamine	500
	Methamphetamine	500

Adulteration.

(1)

OHS staff take all precautions to ensure that the urine specimen is not adulterated or diluted during collection and that the information on the urine bottle and information on the custody and control form, accurately identify the employee from whom the collection was taken.

(2)

To deter the dilution of specimens, bluing agents are placed in the toilet and other water sources are turned off.

(3)

Employees are positively identified upon arrival in the department.

(4)

If an employee fails to arrive on time for specimen collection, the contact person is notified.

(5)

All other requirements as delineated in CFR 40:25(f)(1) through (10) in completion of forensic chain-of-custody procedures are followed by the staff.

Reporting of test results.

(1)

The reference laboratory will report results to the MRO within an average of five working days after receipt in the laboratory.

(2)

The report shall identify the drugs tested, whether positive or negative, the specimen number assigned in OHS and the laboratory accession number.

(3)

All negative specimens shall be reported as negative whether negative on the initial test or after a confirmation test has been run. Only specimens confirmed as positive will be reported as positive.

(4)

The MRO may request the results and the laboratory must provide quantitation of test results.

(5)

The MRO may only report that the tests were positive or negative, and, if positive, for what drug the test is positive, but may not reveal the quantitative results.

(6)

The MRO must receive the original and a certified true copy of the test results.

(7)

The certified laboratory is to provide a system which ensures security of data transmission.

(8)

The laboratory is to provide the employer with a monthly statistical summary of urinalysis testing. That information is to include data on initial testing (number of specimens received, number reported out, number of specimens screened positive for drugs tested) and confirmatory testing (number of specimens received, number reported out, number of specimens screened positive for drugs tested).

(9)

Laboratory will make analytical results available when requested by DOT or other regulatory agencies.

(10)

Information on individual screening is to be retained by the laboratory for a period of two years in accordance to CFR 40.29.

Specimen retention. Drug testing laboratories shall retain and place in properly secured long-term frozen storage for a period of one year all specimens confirmed positive in their original labeled specimen bottles. Exception is to be made when the laboratory is notified the specimen is under legal challenge, in which case the specimen is to be retained indefinitely.

§ 34-8 Test results.

Medical Review Officer.

(1)

The MRO is to provide "clinical confirmation" of a presumptive positive test result as provided by the laboratory. The legitimacy, in terms of medical considerations, need to be made on the basis of medical history and biomedical information. Positive results may only be reported to the contact person after the MRO has made a clinical confirmation.

(2)

The responsibilities of the MRO include:

(a)

Verify results, both positive and negative.

(b)

Check the laboratory's performance.

(c)

Check the chain-of-custody.

(d)

Oversees the drug and alcohol testing program in general.

Positive test results.

(1)

Prior to the MRO verification of a positive result, the MRO shall give the employee an opportunity to discuss the result by contacting the individual and borough contact person directly.

(2)

If unable to contact the employee, the MRO can request that the borough contact person reach the employee and have that employee contact the MRO. Every possible effort must be made to keep the need for MRO contact confidential.

(3)

After making all reasonable efforts, and the employee cannot be reached, the employee may be placed on temporary medical leave (unqualified).

(4)

The MRO may verify the test as positive, without talking to the employee, in three instances:

(a)

The employee declines the opportunity to discuss the test.

(b)

More than five days have passed since the employee was told to contact the MRO.

(c)

Death of the employee due to work-related injury.

(5)

Following verification of positive test results, the MRO will inform the employee of the need to report to the borough contact person and of the need to make an appointment with the borough EAP (Employee Assistance Program).

Verification for opiates; review for prescription medicine. Before the MRO verifies a confirmed positive result for opiates, there must be clinical evidence, in addition to the urine test, of unauthorized use of any opium, opiate or opium derivative (e.g., morphine/codeine). (This requirement does not apply if the GC/MS testing for opiates confirms the presence of 6-monoacetylmorphine.)

Adulteration.

(1)

The chain-of-custody protocol for specimen collection within OHS prevents adulteration of specimens. In addition, if the last specimen provided by an employee was determined by the laboratory to have a specific gravity of less than 1.003 or a creatinine - concentration below .2g/L, the donor may lose his right to privacy during any subsequent urine collection.

(2)

The MRO may notify the employer of the results of the abnormal specific gravity and creatinine and suggest that subsequent specimens be collected under direct observation.

Disclosure of information.

(1)

The MRO will not disclose to any third party any medical information provided by the individual to the MRO as part of the testing verification process. Information obtained can only be released in the following circumstances:

(a)

An applicable DOT regulation permits or requires such disclosure.

(b)

In the MRO's reasonable medical judgment, the information would result in a determination that the employee was unqualified for the work assigned.

(c)

In the MRO's reasonable medical judgment, information indicates that continued performance by the employee would pose a significant safety risk.

(2)

Before obtaining medical information, the MRO must disclose to the employee that medical information may be disclosed to a third party, and those possible third parties are to be identified.

Notification of test results.

(1)

Positive results. The MRO will notify the employee of positive test results, and after that discussion the MRO or designee will notify the borough contact person.

(2)

Negative results. The employee will be notified of the negative results of the tests in writing and those results placed on the employee's medical record.

Retest procedures. The MRO must notify the employee and borough contact person of the right to have the specimen (in the case when a single specimen has been submitted) retested to verify the positive within 72 hours. The specimen will be sent to another DHHS laboratory upon request by the MRO. When the employer uses a split sample method of collection, the employee is not authorized to request a reanalysis of the primary specimen. The request must be made by the employee of the MRO. Only the MRO can request the repeat testing of the laboratory.

§ 34-9 Confidentiality and recordkeeping.

Confidentiality and access to medical records.

(1)

All drug testing information is to be kept in a secure location with controlled access.

(2)

Results of testing are provided only to the borough contact person or to his or her designee when absent.

(3)

Only staff members of the OHS Department have physical access to testing information.

(4)

No drug or alcohol testing results shall be released except as required by law without the separate informed consent of the employee.

Maintenance and disclosure records.

(1)

An employee is entitled to any record pertaining to his or her drug tests upon written request.

(2)

All records are maintained for a period of 30 years beyond the termination date of the employee.

§ 34-10 Employee Assistance Program.

Supervisory education and training. Supervisors will receive training on an annual basis on the current Borough Alcohol Testing Policies as well as training in the recognition of substance abuse in the workplace.

Employee education and training. All employees and prospective employees will be notified of the Drug and Alcohol Testing Program in the Borough of New Providence. A copy of the written notification and an explanation of the policy will be provided to employees prior to the initiation of the drug and alcohol testing program. A signed receipt will be obtained from each employee, which shall be maintained in the individual employee's personnel record. All prospective employees shall be informed of the drug and alcohol testing program at the onset of the application process. All employees will receive annual training on the implications of substance abuse in the workplace, any changes in drug and alcohol testing policies at the hospital and how to recognize symptoms of substance abuse in the workplace.

Referral evaluation and treatment.

(1)

Preemployment drug and alcohol testing. Any prospective employee with positive results will not be eligible for employment.

(2)

Current employees who test positive for drugs or alcohol are required to interview with the borough contact person, who will require:

(a)

The employee to meet with the EAP substance abuse professional (SAP) for evaluation and probable referral to an appropriate rehabilitation program.

(b)

The employee is to avail himself or herself of the rehabilitative process recommended by the SAP at his or her own expense using existing medical coverage as available for such services.

(c)

Failure to comply will result in termination of employment.

Return-to-duty and follow-up testing.

(1)

When the employee's counselor determines that the employee has reached a level whereby return to work is possible, the employee is to return to the SAP for verification of sufficient progress.

(2)

The SAP provides a recommendation to a qualified agency that the employee may return to duty.

(3)

Follow-up drug and alcohol testing will be done for a period of not less than 12 months and no longer than 60 months following the return-to-duty.

(a)

In the first twelve-month period, no fewer than six tests are to be performed.

(b)

The SAP may determine, at any time after the initial twelve-month period, that further testing is unnecessary.

(c)

Refusal to be tested at this time, as with any other drug and alcohol test required by the borough, will be considered the same as a positive test.

(d)

Positive tests subsequent to return from rehab will result in termination of employment.

§ 34-11 Discipline.

Preemployment. Positive testing for drug and/or alcohol will result in disqualification of the applicant for employment.

Random and reasonable cause testing. Positive test results of employees on random and reasonable cause testing will require the following:

(1)

The employee will be removed from duty and be sent or taken home.

(2)

The employee will make an appointment and meet with the contact person and Borough Administrator.

(3)

Referral to the SAP designated by the borough.

(4)

Entry into a rehabilitative program recommended by the SAP.

Refusal to submit to testing. Employees refuse to submit to testing will be considered insubordinate and will be subject to the counseling process by his or her supervisor or termination and will be subject to the same protocols as those with a positive test result.

Attempted adulteration or tampering.

(1)

Should an employee, due to observed documented behavior at the testing site or through laboratory findings and results, raise reasonable suspicion for tampering, he/she will be subject to the following:

(a)

Counseling by the immediate supervisor.

(b)

Discussion as to the potential for losing the right of unobserved collection.

(2)

Should this occur, the employee will have to provide specimens that are visually observed by a collector of the same sex in all subsequent tests.

§ 34-12 Blind performance test procedures.

A qualified agency will submit three blind performance specimens for every 100 specimens collected to each laboratory used for drug testing. This will be done to assure the accuracy of the results received from the laboratory. Eighty percent of the samples shall be blank and the other shall be spiked for those drugs for which the employees are being tested.

An ongoing record shall be maintained of the findings and aberrancies reported to NIDA.

§ 34-13 Recordkeeping and reporting.

The following are the specific records to be maintained on the Drug and Alcohol Testing Program at a qualified agency:

(1)

Records related to the collection process:

(a)

Collection log books.

(b)

Documents related to the random selection process.

(c)

Calibration documentation of the EBT's (Evidential Breath Testing) equipment.

(d)

Documentation of the Breath Alcohol Technician Training.

(e)

Documentation of the reasoning for the reasonable suspicion testing.

(f)

Documents verifying a medical explanation for the inability to provide adequate breath or urine testing.

(g)

Consolidated annual calendar year summaries.

(2)

Records related to the employee's test results:

(a)

Copy of the Alcohol Test Form.

(b)

Copy of the chain-of-custody and control form.

(c)

Documents completed by the Medical Review Officer (MRO).

(d)

Documentation of refusal to submit to a required alcohol or drug test.

(e)

Document provided by an employee to dispute test results.

(3)

Records relating to evaluations:

(a)

Substance abuse professional's determination of an employee's need for rehabilitation.

(b)

Records documenting the employee's compliance with SAP's recommendations.

(4)

Records relating to education and training:

(a)

Materials on drug and alcohol awareness.

(b)

Documentation of training of supervisors and employees.

(5)

Records relating to drug testing:

(a)

Agreements with laboratories.

(b)

Monthly statistical summaries from laboratories.

(6)

Retention period. The following chart shows the required retention period for the various records:

	Retention Period	Document
	5 years	Alcohol test results indicating a breath alcohol concentration of 0.02 or greater
		Verified positive test results
		Refusals to submit to required alcohol and drug test
		Required calibration of evidential breath testing devices
		SAP evaluations and referrals
		Annual calendar year summary
	2 years	Records related to the collection process
		Training records
	1 year	Negative and canceled drug test results Alcohol test result indicating a breath alcohol concentration less than 0.02

Records and documentation will be maintained in the Employee/Occupational Health Office, with the exception of:

(1)

Signed verification of the receipt of the explanation of the drug and alcohol policies. This documentation will be retained in the employee's personnel file.

(2)

Documentation of training of supervisors and employees will be maintained in the employee's personnel file.

(3)

Training outlines and materials will be retained by HNH, who will teach the Supervisor Education portion of the program.