[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.]
A. 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.
B. 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.
C. 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.
A. 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.
B. 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.
C. 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.
(4) Amphetamines (speed, bennies).
D. 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.
Testing is to be done in the following situations:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
A. 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.
B. 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.
A. 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.
B. 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.
|
C. 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
|
D. 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.
E. 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.
F. 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.
A. 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.
B. 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).
C. 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.)
D. 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.
E. 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.
F. 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.
G. 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.
A. 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.
B. 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.
A. 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.
B. 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.
C. 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.
D. 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.
A. Preemployment. Positive testing for drug and/or alcohol
will result in disqualification of the applicant for employment.
B. 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.
C. 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.
D. 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.
A. 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.
B. An ongoing record shall be maintained of the findings
and aberrancies reported to NIDA.
A. 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:
(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
|
B. 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.