City of Bordentown, NJ Chapter 80 Substance Abuse Policy

[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 3-10-1997 by Ord. No. 1997-4. Amendments noted where applicable.]

Article I General Provisions

§ 80-1 Applicability.

The Substance Abuse Policy, enclosed herein and made a part hereof, establishes the guidelines governing all city employees of the City of Bordentown in prohibiting the use of illegal drugs, controlled substances or alcohol on the job.

§ 80-2 Policy to be mandatory and condition of employment.

The Substance Abuse Policy, attached hereto and incorporated herein, is mandatory and an express condition of employment.

Article II Policy

§ 80-3 Use prohibited.

The City of Bordentown prohibits the use by its City Commissioners, employees and appointed professionals of illegal drugs or the abuse of other controlled substances, including alcohol. The City of Bordentown has a significant business interest and public obligation to ensure the efficiency and productivity of its employees and elected and appointed officials (hereinafter collectively referred to as "employee" or "employees") and an obligation to ensure the health and safety of its employees on the job as well as the public. To this end, the City of Bordentown has established the following rules and regulations regarding the use, sale or possession of illegal drugs, controlled substances or alcohol on the job. These rules and regulations are mandatory and express conditions of employment.

§ 80-4 Prohibitions and discipline.

A. The use, sale or possession of illegal drugs, controlled substances or alcohol on city premises is grounds for immediate discharge.

B. The presence of an employee on city premises while under the influence of illegal drugs, controlled substances or alcohol is grounds for immediate discharge.

C. The city, in its sole discretion, reserves the right to take any other disciplinary action, short of discharge, including but not limited to warning, suspending or continuing the employment of the employee on the express condition that the employee submit to rehabilitation or drug or alcohol counseling.

D. The city is under no obligation under these rules to impose any lesser discipline prior to discharging an employee for violation of these rules.

§ 80-5 Individuals subject to testing.

A. Postaccident. At the sole discretion of the city, a current employee may be required to submit blood and/or urine samples, at the approved collection site, for purposes of drug or alcohol testing if the employee is involved in an accident at the workplace while on duty that indicates the possible illegal use of drugs, controlled substances or alcohol. Any employee involved in such an accident shall immediately notify the appropriate supervisor of the accident. Failure to report an accident may be grounds for disciplinary action, including discharge.

B. Reasonable suspicion.

(1) Whenever a supervisor has reasonable suspicion to believe that the actions, appearance or conduct of an employee while on duty are indicative of the use of alcohol or drugs, the employee will be requested to undergo a drug and/or alcohol test. Any refusal to undergo testing under such circumstances will result in a presumed-positive test result, subjecting the employee to discipline up to and including discharge.

(2) Reasonable suspicion may be derived from a number of circumstances. Listed below are a number of examples of the behavior which may give rise to reasonable suspicion. These are examples only and should not be construed to limit the type of behavior which may give rise to reasonable suspicion. The determination of reasonable suspicion will be made on a case-by-case basis.

(a) Inappropriate or uncontrollable behavior.

(b) Loud or slurred speech.

(c) Sleeping while at work.

(d) Falling or staggering uncontrollably.

(e) Smelling of alcohol or marijuana.

(f) Causing harm or injury to oneself or others, or exhibiting violent or threatening behavior to oneself or to others.

(g) Excessive absenteeism, declining productivity and/or excessive tardiness.

(3) In any instance where reasonable suspicion has arose, the employee will be transported to and from the medical facility for testing purposes by a city representative, preferably the supervisor involved. The supervisor shall provide a written report to the City Clerk within 24 hours detailing the particulars of the probable cause incident. If the employee refuses the transportation procedures and attempts to operate his own vehicle, the supervisor or city representative will take appropriate action to discourage him from doing so, up to and including contacting a law enforcement office for intervention. Any employee failing to cooperate with any of the procedures described above will be subject to discipline up to and including discharge.

C. Preemployment and random testing.

(1) Employees required to hold a commercial driver's license (CDL) in order to perform their job are subject to preemployment and random drug and alcohol testing in accordance with federal regulations.

(2) In compliance with United States regulations of the Department of Transportation, the city has implemented the required types of drug and alcohol testing, as defined in the regulations. If at any time the regulations change, such changes will become effective as required.

(3) The city has named National Safety Compliance to select employees, by lottery, for random testing. The supervisor will be informed of the employees chosen who shall be required to report to the medical facility within eight hours of notification. Testing will be for drug and alcohol use only.

(4) Refusals to be tested will be classified as a positive test. Any person with a positive test will be medically unqualified to operate a commercial motor vehicle. The city's testing agency will attempt to discuss a positive test with the employee prior to notifying the city of the results.

§ 80-6 Rehabilitation and discipline.

A. Violation of the city's substance abuse policy may result in severe disciplinary action, including discharge, at the city's sole discretion.

B. At the sole discretion of the city, an employee testing positive may be referred to an evaluation and/or rehabilitation as a condition of continued employment. The decision to seek diagnosis and accept treatment is primarily the employee's responsibility and is done so at employee expense. The counseling or rehabilitation program must be regularly attended and completed by the employee, failure to do so may result in discharge. Participation in the program will be monitored by the township, The employee will further be monitored for a twenty-four-month period and is subject to periodic unannounced testing.

C. Employees with personal alcohol or drug abuse problems are encouraged to request assistance from their physician, the human resources office or their department head. The city will provide assistance on a confidential basis and will assist the employee in seeking counseling services and treatment. Employees who voluntarily seek assistance may do so without jeopardizing their continued employment, provided that they strictly adhere to the terms of their treatment and counseling program.

D. Employees in safety sensitive positions may be assigned to a nonsafety sensitive position during rehabilitation. The employee may be required to use accumulated leave time if absence from work is required for rehabilitation.

E. Rehabilitation shall be available only once, and any subsequent positive test result or refusal to undergo drug testing will result in the immediate termination of the employee.