[HISTORY: Adopted by the Mayor and Council
of the Borough of Park Ridge 12-10-1996 by Ord. No. 96-22. Amendments noted where
applicable.]
The Mayor and Council approves and adopts the
following regulations regarding alcohol, narcotic drugs and/or other
controlled dangerous substances:
A.
No alcoholic beverages, narcotic drugs and/or other
controlled dangerous substances shall be brought onto, consumed, distributed,
dispensed or manufactured within the confines of any of the Borough's
municipal buildings, including its parks and recreational facilities.
B.
The consumption and/or use of alcoholic beverages,
narcotic drugs or any other controlled dangerous substances by any
employee of the Borough during either regular or overtime hours and
lunch hours is strictly forbidden if said person carries a weapon
or operates a motor vehicle or machinery as part of their duties.
C.
No alcoholic beverages, narcotic drugs and/or other
controlled dangerous substances shall be carried, transported or consumed
within any vehicle or truck or on any equipment under the jurisdiction
of the Borough.
D.
The operation and/or maintenance of any vehicles and/or
equipment by any employee who may be under the influence of alcohol,
narcotic drugs and/or other controlled dangerous substances to any
degree whatsoever is expressly forbidden. This prohibition covers
any employee who may report to work in an intoxicated fashion or is
found to be under the influence of narcotic drugs and/or any other
controlled dangerous substances. The operation and use of vehicles
and equipment includes but shall not be limited to any automobiles,
trucks of whatever size or character, snowplow and spreader equipment,
chain saws, power tools, lawn mowers, recycling equipment and any
other equipment used and operated by the Department of Public Works
or Police Department.
E.
Nature and type of drug testing to be instituted.
The Borough of Park Ridge plan includes the following types of drug
testing:
(1)
Applicant testing.
(2)
Random testing of those employees in sensitive positions
that have been designated as "testing designated positions."
(3)
Reasonable suspicion testing.
(4)
Accident or unsafe practice testing.
(5)
Voluntary testing.
(6)
Testing as part of or as a follow-up to counseling
or rehabilitation.
F.
Drugs for which individuals are tested. The Borough
of Park Ridge will test for the following drugs: marijuana, cocaine,
amphetamines, opiates and phencyclidine (PCP), as well as alcohol.
G.
Scope. This chapter shall be effective immediately
for all Borough of Park Ridge employees.
H.
Union cooperation. The active participation and support
of labor organizations can contribute to the success of this program.
The Mayor and Council will seek ways in which recognized bargaining
unit representatives might assist in program implementation, such
as in acquainting employees with rehabilitation facilities and be
enhancing employee confidence in the program. The Mayor and Council
will continue to observe agreements already reached and will include
union representatives in general orientation programs.
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual tentatively selected:
The Borough of Park Ridge based counseling program that offers
assessment, short-term counseling and referral services to employees
for a wide range of drug, alcohol and mental health problems and monitors
the progress of employees while in treatment.
The individual designated by the Mayor and Council to be
responsible for ensuring the development, implementation and review
of the Borough EAP.
The individual responsible for receiving laboratory results
generated from the Borough of Park Ridge Drug-Free Workplace Program
who is a licensed physician with knowledge of substance abuse disorders
and the appropriate medical training to interpret and evaluate all
positive test results together with an individual's medical history
and any other relevant biomedical information.
A controlled substance included in Schedule I or II, as defined by Section 802(6) of Title 21 of the Unites States Code, the possession of which is unlawful under Chapter 13 of that Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law. For the purposes of this chapter, illegal drugs shall include alcohol.
A system of drug testing imposed without individualized suspicion
that a particular individual is using illegal drugs and may either
be:
Employees in positions designated by the Mayor
and Council as "special sensitive," "critical sensitive" or "noncritical
sensitive" under Chapter 7631 of the Federal Personnel Manual or employees
in positions designated by the Mayor and Council as "sensitive" in
accordance with Executive Order No. 10450, as amended.
Employees granted access to classified information
or who may be granted access to classified information pursuant to
a determination of trustworthiness by the Mayor and Council under
Section 4 of Executive Order No. 12356.
Law enforcement officers.
Other positions that the Mayor and Council determines
involve law enforcement, the protection of life and property, public
health or safety or other functions requiring a high degree of trust
and confidence.
An employee having authority to hire, direct, assign, promote,
reward, transfer, furlough, lay off, recall, suspend, discipline or
remove other employees, to adjust their grievances or to effectively
recommend such action, if the exercise of the authority is not merely
routine or clerical in nature but requires the consistent exercise
of independent judgment. [5 U.S.C. § 7103(a)(10)]
Employment positions within the Borough of Park Ridge which
have been designated for random testing under the definition of "random
testing" of this chapter.
A test result that was positive on an initial FDA approved
immunoassay test, confirmed by a gas chromatography/mass spectrometry
assay (or other confirmatory tests approved by the Department of Health
and Human Services) and reviewed and verified by the Medical Review
Officer in accordance with this plan and the Mandatory Guidelines
for Federal Workplace Drug Testing Programs.
A.
Function. The Borough of Park Ridge's EAP plays an
important role in preventing and resolving employee alcohol and drug
use by demonstrating the Borough's commitment to eliminating alcohol
and illegal drug use; providing employees an opportunity, with appropriate
assistance, to discontinue their alcohol or drug use; providing educational
materials to supervisors and employees on drug use issues; assisting
supervisors in confronting employees who have performance and/or conduct
problems and making referrals to appropriate treatment and rehabilitative
facilities; and following up with individuals during the rehabilitation
period to track their progress and encourage successful completion
of the program. The EAP, however, shall not be involved in the collection
of urine samples or the initial reporting of test results. Specifically,
the EAP shall:
(1)
Provide counseling and assistance to employees who
self-refer for treatment or whose alcohol or drug tests have been
verified positive and monitor employees' progress through treatment
and rehabilitation.
(2)
Provide needed education and training to all levels
of the Borough on types and effects of alcohol and drugs, symptoms
of drug use and its impact on performance and conduct, relationship
of the EAP to drug testing and related treatment, rehabilitation and
confidentiality issues.
(3)
Ensure that confidentiality of test results and related
medical treatment and rehabilitation records is maintained in accordance
with this chapter.
B.
Referral and availability. Any employee found to be using alcohol or drugs shall be referred to the EAP. The EAP shall be administered separately from the testing program and shall be available to all employees without regard to a finding of drug use. The EAP shall provide counseling or rehabilitation for all referrals, as well as education and training regarding alcohol and illegal drug use. The EAP is available not only to Borough employees but, when feasible, to the families of employees with drug problems and to employees with family members who have drug problems. In the event that the employee is not satisfied with the program of treatment or rehabilitation, such employee may seek review prior to completion of the program. The decision of the EAP Administrator shall be final and shall not be subject to further administrative review. Regardless of the treatment program chosen, the employee remains responsible for successful completion of the treatment, and assertions that the counselor failed to consider one or more of the factors and policies expressed in this chapter and in § 12-6C(5) in making a referral shall not constitute either an excuse for continuing to use illegal drugs or a defense to disciplinary action if the employee does not complete treatment.
C.
Leave allowance. Employees shall be allowed up to
one hour (or more as necessitated by travel time) of excused absence
for each counseling session, up to a maximum of four hours, during
the assessment/referral phase of rehabilitation. Absences during duty
hours for rehabilitation treatment must be charged to the appropriate
leave category in accordance with law and leave regulations.
D.
Record and confidentiality. All EAP operations shall be confidential in accordance with § 12-14 of this plan relating to records and confidentiality.
E.
Structure. The Personnel Administrator shall be responsible
for oversight and implementation of the Borough EAP and will provide,
with the support of the Mayor and Council, high-level direction and
promotion of the EAP.
A.
Objectives. As supervisors have a key role in establishing
and monitoring an alcohol and drug-free workplace, the Borough of
Park Ridge shall provide training to assist supervisors in recognizing
and addressing illegal drug use by Borough employees. The purpose
of supervisory training is to understand:
(1)
Agency policies relevant to work performance problems,
alcohol or drug use and the Borough EAP.
(2)
The responsibilities of offering EAP services.
(3)
How employee performance and behavioral changes should
be recognized and documented.
(4)
The roles of the Medical Review Officer, medical staff,
supervisors, personnel and the EAP personnel.
(5)
The ways to use the Borough EAP.
(6)
How the EAP is linked to the performance appraisal
and the disciplinary process.
(7)
The process of reintegrating employees into the workplace.
B.
Implementation. The Personnel Administrator shall
be responsible for implementing supervisory training and shall develop
a training package to ensure that all employees and supervisors are
fully informed of the Borough's Alcohol and Drug-Free Workplace Plan.
C.
Training package. Supervisory training shall be required
of all supervisors and may be presented as a separate course or be
included as part of an ongoing supervisory training program. Training
shall be provided as soon as possible after a person assumes supervisory
responsibility. Training courses should include:
(1)
Overall agency policy.
(2)
The prevalence of various employee problems with respect
to drugs and alcohol.
(3)
The EAP approach to handling problems, including the
supervisors role and relationship to the EAP.
(4)
How to recognize employees with possible problems.
(5)
Documentation of employee performance or behavior.
(6)
Skills in confronting employees with possible problems.
(7)
Agency procedures for referring employees to the EAP.
(8)
Disciplinary action and removals from sensitive positions
as required by Section 5(c) of the Executive Order.
(9)
Reintegration of employees into the workforce.
(10)
Written materials which the supervisor can use at
the work site.
A.
Objectives. The EAP Administrator shall offer alcohol
and drug education to all Borough employees. During education should
include education and training to all levels of the Borough of Park
Ridge on:
A.
Alcohol and Drug Program Coordinator. The Borough
of Park Ridge shall have an Alcohol and Drug Program Coordinator assigned
to carry out the purposes of this plan. The Alcohol and Drug Program
Coordinator shall be responsible for implementing, directing, administering
and managing the alcohol and drug program within the Borough. The
Alcohol and Drug Program Coordinator shall serve as the principal
contact with the laboratory and for collection activities in assuring
the effective preparation of the testing portion of the program. In
carrying out his or her responsibilities, the Alcohol and Drug Program
Coordinator shall, among other duties:
(1)
Arrange for all testing authorized under this order.
(2)
Ensure that all employees subject to random testing receive individual notice as described in § 12-7B of this plan prior to implementation of the program and that such employees return a signed acknowledgment of receipt form.
(3)
Document, through written inspection reports, all
results of laboratory inspections conducted.
(4)
Coordinate with and report to the Mayor and Council
on Alcohol and Drug Program Coordinator activities and findings that
may affect the reliability or accuracy of laboratory results.
(5)
In coordination with the EAP Administrator, publicize
and disseminate drug program educational materials and oversee training
and education sessions regarding drug use and rehabilitation.
(6)
Coordinate all Alcohol and Drug Program Coordinator
duties in field offices, wherever possible, to conserve resources
and to efficiently and speedily accomplish reliable and accurate testing
objectives.
B.
Employee Assistance Program Administrator. The EAP
Coordinator shall:
(1)
Implement and operate the EAP within the Borough component
assigned to the coordinator.
(2)
Provide counseling and treatment services to all employees
referred to the EAP by their supervisors or on self-referral and otherwise
offer employees the opportunity for counseling and rehabilitation.
(3)
Coordinate with the Mayor and Council, the Medical
Review Officer and supervisors, as appropriate.
(4)
Work with the Alcohol and Drug Program Coordinator
to provide educational materials and training to managers, supervisors
and employees on illegal drugs in the workplace.
(5)
Assist supervisors with performance and/or personnel
problems that may be related to illegal drug use.
(6)
Monitor the progress of referred employees during and after the rehabilitation period and provide feedback to supervisors in accordance with CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records.
(7)
Ensure that the training is provided to assist supervisors
in the recognition and documentation of facts and circumstances that
support a reasonable suspicion that an employee may be using illegal
drugs.
(8)
Maintain a list of rehabilitation or treatment organizations
which provide counseling and rehabilitative programs and include the
following information on each organization:
(9)
Periodically visit rehabilitative or treatment organizations
to meet administrative and staff members, tour the site and ascertain
the experience, certification and educational level of staff and the
organization's policy concerning progress reports on clients and posttreatment
follow-up.
C.
Employee assistance counselors. The employee assistance
counselors shall:
(1)
Serve as the initial point of contact for employees
who ask or are referred for counseling.
(2)
Be familiar with all applicable law and regulations,
including drug treatment and rehabilitation insurance coverage available
to employees through the Federal Health Benefits Program.
(3)
Meet the qualifications as determined by the EAP Administrator
and be trained in counseling employees in the occupational setting
and in identifying drug use.
(4)
Document and sign the treatment plan prescribed for
all employees referred for treatment, after obtaining the employee's
signature on this document.
(5)
In making referrals, consider the:
D.
Medical Review Officer. The Borough of Park Ridge
shall have a Medical Review Officer assigned to carry out the purposes
of this order. The Medical Review Officer shall, among other duties:
(1)
Receive all laboratory test results.
(2)
Assure that an individual who has tested positive
has been afforded an opportunity to discuss the test result.
(3)
Consistent with confidentiality requirements, refer
written determinations regarding all verified positive test results
to the EAP Administrator, including a positive drug test result form
indicating that the positive result has been verified, together with
all the relevant documentation and a summary of findings.
(4)
Confirm with the appropriate personnel official whether
an individual who has been tentatively selected for employment with
the Borough has obtained a verified positive test result.
(5)
Coordinate with and report to the Mayor and Council
on all activities and findings on a regular basis.
E.
Supervisors. Supervisors will be trained to recognize
and address alcohol and illegal drug use by employees and will be
provided information regarding referral of employees to the EAP, procedures
and requirements for drug testing and behavioral patterns that give
rise to a reasonable suspicion that an employee may be using illegal
drugs. Except as modified by the Mayor and Council to suit specific
program responsibilities, first-line supervisors shall:
(1)
Attend training sessions on alcohol and illegal drug
use in the workplace.
(3)
Refer employees to the EAP for assistance in obtaining
counseling and rehabilitation upon a finding of illegal drug use.
(4)
Initiate appropriate disciplinary action upon a finding
of illegal drug use.
(5)
In conjunction with personnel specialists, assist higher level supervisors and the EAP Administrator in evaluating employee performance and/or personnel problems that may be related to illegal drug use. A higher level supervisor shall review and concur, in advance, with all tests ordered on the basis of a reasonable suspicion in accordance with § 12-10.
F.
Implementation. Each department shall implement the
Drug-Free Workplace Plan and ensure that the plan is efficiently and
effectively accomplished in accordance with this order and all other
applicable regulations.
G.
Government contractors. Wherever existing facilities
are inadequate to implement this order, the Medical Review Officer
shall ensure that contract laboratories chosen to perform the drug
screening tests are duly certified according to Subpart C of the Mandatory
Guidelines for Federal Workplace Drug Testing Programs and that any
other contracts to implement this order conform to the technical specifications
of the Mandatory Guidelines.
A.
A general notice from the Mayor and Council announcing
the testing program, as required by the Executive Order, Section 4(a),
will be provided to all employees no later than 60 days prior to the
implementation date of the plan outlining:
(1)
The purpose of the Alcohol and Drug-Free Workplace
Plan.
(2)
That the plan will include both voluntary and mandatory
testing.
(3)
That those who hold positions selected for random
testing will also receive an individual notice, prior to the commencement
of the testing, indicating that their position has been designated
a "testing designated position."
(4)
The availability and procedures necessary to obtain
counseling and rehabilitation through the EAP.
(5)
The circumstances under which testing may occur.
(6)
That opportunity will be afforded to submit medical
documentation of lawful use of an otherwise illegal drug.
(7)
That the laboratory assessment is a series of tests
which are highly accurate and reliable and that, as an added safeguard,
laboratory results are reviewed by the Medical Review Officer.
(8)
That positive test results verified by the Medical
Review Officer may only be disclosed to the employee, the appropriate
EAP Administrator, the appropriate management officials necessary
to process an adverse action against the employee or a court of law
or administrative tribunal in any adverse personnel action.
(9)
That all medical and rehabilitation records in an
EAP will be deemed confidential patient records and may not be disclosed
without the prior written consent of the patient and an authorizing
court order or otherwise as permitted by federal law implemented at
42 CFR 2.
B.
Individual notice. In addition to the information
provided in the general practice, an individual notice will be distributed
to all employees in testing designated positions explaining:
(1)
That the employee's position has been designated a
"testing designated position."
(2)
That the employee will have the opportunity to voluntarily
admit to being a user of illegal drugs and to receive counseling or
rehabilitation.
(3)
That the employee's position will be subject to random
testing no sooner than 30 days following the notice.
C.
Signed acknowledgment. Each employee in a testing
designated position shall be asked to acknowledge, in writing, that
the employee has received and read the notice which states that the
employee's position has been designated for random drug testing and
that refusal to submit to testing shall result in initiation of disciplinary
action up to and including dismissal. If the employee refuses to sign
the acknowledgment, the employee's supervisor shall note on the acknowledgment
form that the employee received the notice. This acknowledgment, which
is advisory only, shall be centrally collected for easy retrieval
by the supervisor. An employee's failure to sign the notice shall
not preclude testing of that employee or otherwise affect the implementation
of this order since the general sixty-day notice will previously have
notified all agency employees of the requirement to be drug-free.
D.
Administrative relief. If an employee believes his
or her position has been wrongly designated a "testing designated
position," that employee may file an administrative appeal to the
Mayor and Council which has authority to remove the employee from
the testing designated position list. The appeal must be submitted
by the employee, in writing, to the Mayor and Council within 15 days
of notification setting forth all relevant information. The Mayor
and Council shall review the appeal based upon the criteria applied
in designating that employee's position as a testing designated position.
A.
Determination. An employee may be found to use alcohol
or illegal drugs on the basis of any appropriate evidence, including,
but not limited to:
B.
Mandatory Administrative Actions. The Borough of Park
Ridge shall refer an employee found to use alcohol or illegal drugs
to the EAP and, if the employee occupies a sensitive position, immediately
remove the employee from that position without regard to whether it
is a testing designated position. At the discretion of the Mayor and
Council, however, and as part of an EAP, an employee's return would
not endanger public health or safety or national security.
C.
Range of consequences. Disciplinary action taken against an employee found to use alcohol or illegal drugs may include the full range of disciplinary actions, including removal. The severity of the action chosen will depend on the circumstances of each case and will be consistent with the Executive Order. The Borough of Park Ridge shall initiate disciplinary action against any employee found to use illegal drugs but shall not discipline an employee who voluntarily admits to illegal drug use in accordance with § 12-8F of this chapter. Such disciplinary action, consistent with the requirements of any governing collective bargaining agreement and other ordinances and regulations, may include any of the following measures, but some disciplinary actions must be initiated:
(1)
Reprimanding the employee, in writing.
(2)
Placing the employee in an enforced leave status.
(3)
Suspending the employee for 14 days or less.
(4)
Suspending the employee for 15 days or more.
(5)
Suspending the employee until the employee successfully
completes the EAP or until the Borough of Park Ridge determines that
action other than suspension is more appropriate.
(6)
Terminating the employee from employment.
D.
E.
Refusal to take an alcohol or drug test when required.
An employee who refuses to be tested when so required will be subject
to the full range of disciplinary action, including dismissal. No
applicant who refuses to be tested shall be extended an offer of employment.
Attempts to alter or substitute the specimen provided will be deemed
a refusal to take the drug test when required.
F.
Voluntary referral.
(1)
Under Executive Order No. 12564, the Borough is required
to initiate action to discipline any employee found to use illegal
drugs in every circumstance, except that such discipline is not required
for an employee who:
(2)
Because the order permits an agency to create a safe
harbor for an employee who meets all three of these conditions, the
Borough has decided to create such a safe harbor and will not initiate
disciplinary action against employees who satisfy the provisions of
this section.
(3)
A fundamental purpose of the Borough of Park Ridge's
Drug-Free Workplace Plan is to assist employees who themselves are
seeking treatment for drug use. For this reason, the Borough of Park
Ridge will not initiate disciplinary action against any employee who
meets all three of these conditions:
(4)
This self-referral option allows any employee to step forward and identify himself/herself as an illegal drug user for the purpose of entering a drug treatment program under the EAP. In stepping forward and consistent with § 12-8F, an employee may volunteer for a drug test as a means of identification. Although this self-identification test may yield a verified positive test result, such result shall not subject an employee to discipline assuming the three safe harbor requirements are met.
(5)
Since the key to this provision's rehabilitative effectiveness
is an employee's willingness to admit his or her problem, this provision
is not available to an employee who requests protection under this
provision after:
A.
Sensitive positions designated for random testing.
The Executive Order requires random testing for employees in sensitive
positions, subject to Borough criteria. As specified in the definition
of "employees in sensitive positions" of this chapter, the Mayor and
Council has determined that some of these sensitive positions are
testing designated positions subject to random testing. The position
titles designated for random drug testing are listed in the definition
of "employees in sensitive positions," along with the criteria and
procedures applied in designating such positions for drug testing,
including justification for such criteria and procedures.
B.
Determining the testing designated position.
(1)
Among the factors the Mayor and Council has considered
in designating a testing designated position is the extent to which
the Borough of Park Ridge has positions which:
(2)
These positions are characterized by critical safety
or security responsibilities. The job functions associated with the
positions protect life and property or law enforcement. These positions
are identified for random testing because they require the highest
degree of trust and confidence. The Mayor and Council reserves the
right to add or delete positions determined to be testing designated
positions pursuant to the criteria established in the Executive Order
and this plan. Moreover, the Mayor and Council has determined, pursuant
to 42 U.S.C. § 290ee-1(b)(2)(B), that all positions which
have been or will be designated as testing designated positions under
this plan are sensitive positions and are therefore exempted from
coverage under 42 U.S.C. § 290ee-1(b).
C.
Implementing random testing.
D.
Notification of selection. An individual selected
for random testing and the individual's first-line supervisor shall
be notified the same day the test is scheduled, preferably within
two hours of the scheduled testing. The supervisor shall explain to
the employee that the employee is under no suspicion of taking drugs
and that the employee's name was selected randomly.
E.
Deferral of testing.
(1)
An employee selected for random drug testing may obtain
a deferral of testing if the employee's first-line and higher level
supervisors concur that a compelling need necessitates a deferral
on the grounds that the employee is:
(2)
An employee whose random drug test is deferred will
be subject to an unannounced test within the following 60 days.
A.
Grounds.
(1)
Reasonable suspicion testing may be based upon, among
other things:
(a)
Observable phenomena, such as direct observation
of drug use or possession and/or the physical symptoms of being under
the influence of a drug;
(b)
A pattern of abnormal conduct or erratic behavior;
(c)
Arrest or conviction for a drug-related offense
or the identification of an employee as the focus of a criminal investigation
into illegal drug possession, use or trafficking;
(d)
Information provided either by reliable and
credible sources or independently corroborated; or
(e)
Newly discovered evidence that the employee
has tampered with a previous drug test.
(2)
Although reasonable suspicion testing does not require
certainty, mere hunches are not sufficient to meet this standard.
B.
Procedures. If an employee is suspected of using illegal
drugs, the appropriate supervisor will gather all information, facts
and circumstances leading to and supporting this suspicion and report
the same to that supervisor's immediate supervisor. When high-level
concurrence of a reasonable suspicion determination has been made,
the appropriate supervisor will promptly prepare a written report
detailing the circumstances which formed the basis to warrant the
testing. This report should include the appropriate dates and times
of reported drug-related incidents, reliable/credible sources of information,
rationale leading to the test and the action taken.
C.
Obtaining the sample. The employee may be asked to
provide the urine sample under observation in accordance with this
chapter.
D.
Supervisory training. In accordance with § 12-4, supervisors will be trained to address illegal drug use by employees, to recognize facts that give rise to reasonable suspicion and to document facts and circumstances to support a finding of reasonable suspicion. Failure to receive such training, however, shall not invalidate otherwise proper reasonable suspicion testing.
A.
Objectives. To maintain the high professional standards
of the Borough of Park Ridge work force, it is imperative that individuals
who use illegal drugs be screened out during the initial employment
process before they are placed on the employment rolls of the Borough.
This procedure will have a positive effect on reducing instances of
illegal drug use by employees working within the Borough of Park Ridge
and will provide for a safer working environment; for these reasons,
drug testing shall be required of all applicants as defined in this
chapter.
B.
Vacancy announcements.
(1)
Every vacancy announcement for positions designated
for applicant testing shall state:
|
"All applicants tentatively selected for this
position will be required to submit to urinalysis to screen for illegal
drug use prior to appointment."
|
(2)
In addition, each applicant will be notified that
appointment to the position will be contingent upon a negative drug
test result. Failure of the vacancy announcement to contain this statement
notice will not preclude applicant testing if advance written notice
is provided applicants in some other manner.
C.
Procedures. The Alcohol and Drug Program Coordinator
shall direct applicants to an appropriate collection facility. The
drug test must be undertaken as soon after notification as possible
and no later than 48 hours after notice to the applicant. Where appropriate,
applicants may be reimbursed for reasonable travel expenses. Applicants
shall be advised of the opportunity to submit medical documentation
that may support a legitimate use for a specific drug and that such
information will be reviewed only by the Medical Review Officer to
determine whether the individual is licitly using an otherwise illegal
drug.
D.
Personnel officials. Upon notification that an individual
has been tentatively selected for employment with the Borough of Park
Ridge, the Personnel Administrator shall assure, after consultation
with the Medical Review Officer, that a drug test has been conducted
on that individual and determine whether the test result is a verified
positive result.
E.
Consequences. The Borough of Park Ridge will decline
to extend a final offer of employment to any applicant with a verified
positive test result, and such applicant may not reapply to the Borough
of Park Ridge for a period of six months. The Personnel Administrator
working on the applicant's certificate shall be directed to object
to the applicant on the basis of failure to pass the physical, a lack
of personal characteristics necessary to relate to public employment
or failure to support the goals of the Borough of Park Ridge. The
Borough of Park Ridge shall inform such applicant that a confirmed
presence of an illegal drug in the applicant's urine precludes the
Borough of Park Ridge from hiring the applicant.
A.
Accident or unsafe practice testing. The Borough of
Park Ridge is committed to providing a safe and secure work environment.
Employees involved in on-the-job accidents or who engage in unsafe
on-duty job-related activities that pose a danger to others or the
overall operation of the Borough of Park Ridge may be subject to testing.
Based on the circumstances of the accident or unsafe act, the department
head may initiate testing when such circumstances involve:
B.
Voluntary testing. In order to demonstrate their commitment
to the Borough of Park Ridge's goal of a drug-free workplace and to
set an example for other Borough employees, employees not in testing
designated positions may volunteer for unannounced random testing
by notifying the Drug Program Coordinator. These employees will then
be included in the pool of testing designated positions subject to
random testing and be subject to the same conditions and procedures.
Volunteers shall remain in the testing designated positions pool until
they withdraw from participation by notifying the Drug Program Coordinator
of such intent at least 48 hours prior to a scheduled test.
C.
Follow-up testing. All employees referred through
administrative channels who undergo a counseling or rehabilitation
program for illegal drug use through the EAP will be subject to unannounced
testing following completion of such a program for a period of one
year. Such employees shall be tested at the frequency stipulated in
the abeyance contract or, in the alternative, at an increased frequency
of once a month. Such testing is distinct from testing which may be
imposed as a component of the EAP.
A.
Mandatory Guidelines for Federal Workplace Drug Testing.
The Borough of Park Ridge shall adhere to the Mandatory Guidelines
for Federal Workplace Drug Testing Programs promulgated by the Department
of Health and Human Services consistent with the authority granted
by Executive Order No. 12564 and to the requirements of Section 503
of the Act. The Borough of Park Ridge's drug testing component shall
have professionally trained collection personnel, quality assurance
requirements for urinalysis procedures and strict confidentiality
requirements.
B.
Privacy assured. Any individual subject to testing
under this plan shall be permitted to provide urine specimens in private
and in a rest room stall or similar enclosure so that the employee
is not observed while providing the sample. Collection site personnel
of the same gender as the individual tested, however, may observe
the individual provide the urine specimen when such personnel have
reason to believe the individual may alter or substitute the specimen
to be provided. Collection site personnel may have reason to believe
that a particular individual may alter or substitute the specimen
to be provided when:
C.
Failure to appear for testing. Failure to appear for
testing without deferral will be considered refusal to participate
in testing and will subject an employee to the range of disciplinary
actions, including dismissal, and for an applicant to the cancellation
of an offer of employment. If an individual fails to appear at the
collection site at the assigned time, the collector shall contact
the Drug Program Coordinator to obtain guidance on action to be taken.
D.
Opportunity to justify a positive test result.
(1)
When a confirmed positive result has been returned
by the laboratory, the Medical Review Officer shall perform the duties
set forth in the Mandatory Guidelines. For example, the Medical Review
Officer may choose to conduct employee medical interviews, review
employee medical history or review any other relevant biomedical factors.
The Medical Review Officer must review all medical records made available
by the tested employee when a confirmed positive test could have resulted
from legally prescribed medication. Evidence to justify a positive
test result may include but is not limited to:
(2)
Individuals are not entitled, however, to present
evidence to the Medical Review Officer in a trial-type administrative
proceeding, although the Medical Review Officer has the discretion
to accept evidence in any manner. If the Medical Review Officer determines
there is no justification for the positive result, such result will
then be considered a verified test result. The Medical Review Officer
shall immediately contact the EAP Administrator and appropriate management
official upon obtaining a verified positive test result.
E.
Employee counseling and assistance. While participating
in a counseling or rehabilitation program and at the request of the
program, the employee may be exempted from the random testing designated
positions pool for a period not to exceed 60 days or for a time period
specified in an abeyance contract or rehabilitation plan approved
by the Mayor and Council. Upon completion of the program, the employee
immediately shall be subject to follow-up testing pursuant to this
chapter.
F.
Savings clause. To the extent that any of the procedures
specified in this section are inconsistent with any of those specified
in the Mandatory Guidelines for Federal Workplace Drug Testing Programs
promulgated by the Department of Health and Human Services, or any
subsequent amendment thereto, such Mandatory Guidelines or amendment
shall supersede the procedures specified in this section, but only
to the extent of the inconsistency.
A.
Confidentiality of test results.
(1)
The laboratory may disclose laboratory test results
only to the Medical Review Officer or the staff of the Medical Review
Officer. Any positive test result which the Medical Review Officer
justified by acceptable and appropriate medical or scientific documentation
to account for the result as other than the intentional ingestion
of an illegal drug will be treated as a negative test result and may
not be released for purposes of identifying illegal drug use. Test
results will be protected under the provisions of the Privacy Act,
5 U.S.C. § 552a et seq. and Section 503(e) of the Act and
may not be released in violation of either act. The Medical Review
Officer may maintain only those records necessary for compliance with
this order. Any records of the Medical Review Officer, including drug
test results, may be released to any management official for purposes
of auditing the activities of the Medical Review Officer, except that
the disclosure of the results of any audit may not include personal
identifying information on any employee. In order to comply with Section
503(e) of the Act, the results of a drug test of a Borough employee
may not be disclosed without the prior written consent of such employee,
unless the disclosure would be:
(a)
To the Medical Review Officer;
(b)
To the EAP Administrator in which the employee
is receiving counseling or treatment or is otherwise participating;
(c)
To any supervisory or management official within
the Borough of Park Ridge having authority to take adverse personnel
action against such employee; or
(d)
Pursuant to the order of a court of competent
jurisdiction or where required by the United States government to
defend against any adverse personnel action.
(2)
For purposes of this section, "management official"
includes any management, government, security or personnel official
whose duties necessitate review of the test results in order to process
adverse personnel action against the employee. In addition, test results
with all identifying information removed shall also be made available
to the Borough of Park Ridge personnel, including the Drug Program
Coordinator, for data collection and other activities necessary to
comply with Section 503(f1) of the Act.
B.
C.
Confidentiality of records in general. All drug testing
information specifically relating to individuals is confidential and
should be treated as such by anyone authorized to review or compile
program records. In order to efficiently implement this order and
to make information readily retrievable, the Drug Program Coordinator
shall maintain all records relating to reasonable suspicion testing,
suspicion of tampering with evidence and any other authorized documentation
necessary to implement this order. All records and information of
the personnel actions taken on employees with verified positive test
results should be forwarded to the Servicing Personnel Office. Such
shall remain confidential, locked in a combination safe, with only
authorized individuals who have a need to know having access to them.
D.
Employee Assistance Program records. The EAP Administrator
shall maintain only those records necessary to comply with this order.
After an employee is referred to an EAP, the EAP will maintain all
records necessary to carry out its duties. All medical and/or rehabilitation
records concerning the employee's drug abuse, including EAP records
of the identify, diagnosis, prognosis or treatment, are confidential
and may be disclosed only as authorized by 42 CFR 2, including the
provision of written consent by the employee. With written consent,
the patient may authorize the disclosure of those records to the patient's
employer for verification of treatment or for a general evaluation
of treatment progress. [42 CFR 2.1 et seq. (1986), revised regulations
promulgated at 52 2 FR 21796, June 9, 1987]
E.
Maintenance of records. The Borough of Park Ridge
shall establish or amend a record keeping system to maintain the records
of the Borough of Park Ridge Drug-Free Workplace Program consistent
with the Borough of Park Ridge Privacy Act System of Records and with
all applicable federal laws, rules and regulations regarding confidentiality
of records, including the Privacy Act (5 U.S.C. § 552a).
If necessary, records may be maintained as required by subsequent
administrative or judicial proceedings or at the discretion of the
Borough of Park Ridge. The record keeping system should capture sufficient
documents to meet the operational and statistical needs of this order
and include:
(1)
Notices of verified positive test results referred
by the Medical Review Officer.
(2)
Written material justifying reasonable suspicion testing
or evidence that an individual may have altered or tampered with a
specimen.
(3)
Anonymous statistical reports.
(4)
Other documents the Drug Program Coordinator, Medical
Review Officer or EAP Administrator deems necessary for efficient
compliance with this order.
F.
Records maintained. Any contractor hired to satisfy
any part of this order shall comply with the confidentiality requirements
of this order and all applicable federal laws, rules, regulations
and guidelines.
G.
Statistical information. The Drug Program Coordinator
shall collect and compile anonymous statistical data for reporting
the number of:
(1)
Random tests, reasonable suspicion tests, accident
or unsafe practice tests, follow-up tests or applicant tests administered.
(2)
Verified positive test results.
(3)
Voluntary drug counseling referrals.
(4)
Involuntary drug counseling referrals.
(5)
Terminations or denials of employment offers resulting
from refusal to submit to testing;.
(6)
Terminations or denials of employment offers resulting
from alteration of specimens.
(7)
Terminations or denials of employment offers resulting
from failure to complete a drug abuse counseling program.
(8)
Employees who successfully complete the EAP.
The following are position titles designated
for random testing:
