[Adopted 4-15-1997 by Ord. No. 97-5 (§ 2-32 of the 1971 Revised General Ordinances)]
In keeping with the Township's philosophy of maintaining the highest standards of professionalism in government, the Township believes that it is in the best interest of its employees and the public in general to publicly acknowledge and state its position in support of an alcohol-free and drug-free workplace environment. The use of alcohol and drugs can create serious and debilitating effects on an employee in the performance of his/her duties with a direct correlation in serving the needs of the public. As used in this article, the term "employee" includes any official, independent contractor or volunteers using any Township equipment or driving Township-owned vehicles. The Township Committee 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 into, consumed, distributed, dispensed or manufactured within the confines of any of the Township'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, official or volunteer worker of the Township during either regular or overtime hours and lunch hours or while responding to an emergency is strictly forbidden.
C. 
No alcoholic beverages, narcotic drugs and/or other controlled dangerous substances shall be carried, transported or consumed within any vehicle, truck or on any equipment under the jurisdiction of the Township.
D. 
The operation and/or maintenance of any vehicles and/or equipment by any person 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, official or other person who may report to work in an intoxicated fashion or is found to be under the influence of narcotic drugs and/or 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, chainsaws, power tools, lawn mowers, recycling equipment and fire trucks or emergency vehicles owned by the Township of Stillwater.
E. 
If the Township finds and determines an employee as defined in § 55-1 to be under the influence of alcohol, narcotic drugs and/or other controlled dangerous substances, it shall require the employee, at his/her own expense, to participate satisfactorily in an alcohol or drug abuse counseling, assistance or rehabilitation program through a state-approved and certified public or private health agency or hospital. Any employee participating in a counseling, assistance or rehabilitation program shall not return to his/her position and work place without first submitting a written certification from the treating health agency or hospital stating that the employee has satisfactorily completed the necessary rehabilitation requirements and is capable of returning to work.
A. 
Whenever the Mayor or a department head is under reasonable suspicion that an employee, as defined in § 55-1, while on the job is under the influence of alcohol, narcotic drugs and/or controlled dangerous substances and that such influence may affect the employee's physical coordination and/or mental facilities, then the employee may be ordered to immediately submit to a physical examination, blood test, physical coordination or other test to be conducted by Newton Memorial Hospital, or any other physician, or available hospital to establish or refute the belief of being under the influence; the following characteristics and/or factors may be used to form or establish reasonable individualized suspicion as defined herein:
(1) 
Physical impairment or incapacity.
(2) 
Excessive absenteeism.
(3) 
Chronic lateness.
(4) 
Deterioration of work habits.
(5) 
Reduced productivity.
(6) 
Confidential information concerning the use of alcohol, narcotic drugs and/or other controlled dangerous substances.
(7) 
A positive urinalysis or blood test as a result of testing during a bona fide medical exam.
(8) 
Involvement in a Township vehicular accident where there is reasonable suspicion that alcohol, narcotic drugs and/or other controlled dangerous substances use may have been a contributing factor.
(9) 
Uncharacteristic behavior.
B. 
The refusal by an employee to submit to a blood test or urinalysis test when so ordered, based on a reasonable suspicion, shall be basis for immediate suspension, without pay, pending disciplinary action which may result in the employee's termination from the Township.
A. 
All blood tests and urine samples will be taken at Newton Memorial Hospital following customary laboratory procedure to assure the accuracy of the tests. The department head shall escort the employee to the hospital for testing. An employee, at the time the blood or urine sample is provided, may request a second sample be taken for storage and possible future challenge. The second test or sample shall be provided at the same time. Any employee who produces a positive test result indicating the presence of alcohol, narcotic drugs and/or other controlled dangerous substances shall be subject to disciplinary action up to and including possible termination from the Township. Receipt of confirmation from the testing laboratory of a positive test result indicating the presence of alcohol, narcotic drugs and/or other controlled dangerous substances may be the basis for immediate suspension, without pay, of the affected employee.
B. 
Laboratory procedures. The hospital conducting the blood or urinalysis test will provide the Township with proof that the method used to perform the analysis for the presence of alcohol, narcotic drugs and/or other controlled dangerous substances will be in conformance with industry standards.
C. 
Specimen results. The hospital shall communicate all laboratory analysis results to the Township Clerk via certified copy of the final results in an appropriate mailer or envelope marked confidential. The final results will be reviewed by the Mayor and department head. Each employee who has been rendered final results shall be notified of receipt by the Township Clerk or his designee of the results. Final laboratory results indicating negative results of the blood test or urinalysis may be reviewed by the employee who contributes that specific sample if the employee submits a request, in writing, of the Township Clerk within five days of notification or receipt of the final results by the Township Clerk. An employee may not receive a copy of the results but shall be entitled to initial the results provided him. In the case where secondary blood tests or urine samples were taken and the primary sample test proves negative, the secondary sample will be discarded. Whenever any sample results in a final laboratory test which is positive for the presence of alcohol, narcotic drugs and/or other controlled dangerous substances, the employee shall be notified as soon as practical, in person, by the Mayor and his designee or in his absence the department head and as soon as possible thereafter, in writing, advising the employee of the results of the test and the options available to the employee. It shall be at this time that the employee will have the opportunity to state if there are any medical reasons why the prohibited substance was found in his or her system. Instances of positively confirmed alcohol, narcotic drugs or other controlled dangerous substances in the specimen may be discussed with a physician of the Township of Stillwater.
An employee, as defined in § 55-1, who provided a secondary blood or urinalysis test may challenge the results of any positive test within 10 working days after being notified of the positive results. An employee who challenges the test results shall make arrangements for the testing of the secondary blood test or urine sample and confirmation with the Newton Memorial Hospital. All costs incurred shall be borne by the employee concerned unless the second sample shall prove negative, in which event the Township shall bear the cost incurred. The employee shall ensure that the Newton Memorial Hospital provides a certified copy of the test results directly to the Township Clerk. Any scheduled disciplinary proceeding shall be postponed until the results of the blood test or urinalysis performed at the hospital are received by the Township Clerk. In the event that the second sample proves negative, disciplinary proceedings shall be terminated and the results of the positive test shall be expunged from the employee's file. Unless the employee conforms to the procedure as outlined in the section, the secondary test results will not be accepted by the Township. The employee has the right to legal counsel in regard to the enforcement of this policy.
The following options are available prior to termination:
A. 
Enrollment of employee in an alcohol or drug rehabilitation program.
B. 
Signing of waiver that return to the use of alcohol, narcotic drugs or other controlled dangerous substances will result in automatic termination of employment.
C. 
Mandatory periodic testing of employee after return to duty after completion of a rehabilitation program.
D. 
Failure to enroll or to complete any required rehabilitation program will result in termination from the Township.