As used in this chapter, the following terms
shall have the meanings indicated:
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol,
and/or other low-molecular-weight alcohols, including, but not limited
to, methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION OR CONTENT
The alcohol in a volume of breath expressed in terms of grams
of alcohol per 210 liters of breath as indicated by an evidential
breath test under this part.
ALCOHOL USE
The drinking or swallowing of any beverage, liquid mixture
or preparation (including any medication) containing alcohol.
CONFIRMED DRUG TEST
A confirmation test result received by a medical review officer
(MRO) (see definition below) from a laboratory.
CONTROLLED SUBSTANCES
Those substances identified as, but not limited to marijuana
(THC Metabolite), cocaine, amphetamines, opiates (including heroin)
and phencyclidine (PCP).
DESIGNATED EMPLOYER REPRESENTATIVE (DER)
An individual identified by the Borough as able to receive
communications and test results from service agents and/or who is
authorized to take immediate actions to remove employees from safety-sensitive
duties and to make required decisions in the testing and evaluation
processes. The individual must be an employee of the Borough.
GC/MS
Gas chromatography/mass spectrometry; a confirmatory test
to confirm the presence of drugs through the presence of metabolites.
This test shall always be used to confirm an initial positive drug
screen.
LICENSED MEDICAL PRACTITIONER
A person who is licensed, certified and/or registered, in
accordance with applicable federal, state, local and/or foreign laws
and regulations, to prescribe controlled substances and other drugs.
MEDICAL REVIEW OFFICER (MRO)
A licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by an employer's
drug testing program who has knowledge of substance abuse disorders
and has appropriate medical training to interpret and evaluate an
individual's confirmed positive test results together with his/her
medical history and any other relevant biomedical information.
POSITIVE RATE FOR RANDOM DRUG TESTING
The number of verified positive results for random drug tests
conducted under this policy plus the number of refusals of random
drug tests required by this policy, divided by the total number of
random drug tests results (i.e., positives, negatives and/or refusals)
under this policy.
SCREENING TEST or INITIAL TEST
A.
In drug testing, a test to eliminate "negative"
urine, blood and/or hair specimens from further analysis or to identify
a specimen that requires additional testing for the presence of drugs.
B.
In alcohol testing, an analytical procedure
to determine whether an employee may have a prohibited concentration
of alcohol in a breath or saliva specimen.
STAND-DOWN
The practice of temporarily removing an employee from the
performance of his or her functions based only on a report from a
laboratory to the MRO of a confirmed positive test for a drug or drug
metabolite, an adulterated test or a substituted test, before the
MRO has completed verification of the test results.
VIOLATION RATE FOR RANDOM ALCOHOL TESTING
The number of 0.02 and above of alcohol present in the individual
pursuant to a random alcohol confirmation test results conducted under
this part plus the number of refusals of random alcohol tests required
by this part, divided by the total number of random alcohol screening
tests (including refusals) conducted under this part.
If a referral to a SAP is required as a result
of alcohol and/or controlled substance use as specified by this policy,
the Medical Review Officer shall make that determination.
A. Upon referral, the employee shall be required to abide
by his or her recommendations for return to duty. Failure to abide
by the recommendations of the SAP for return to duty shall constitute
a violation of this policy and lead to immediate termination.
B. The cost for utilizing the SAP for initial counseling
will be paid for by the Borough of Paramus. However, any recommended
treatment shall be paid for by the affected employee and may be recovered
by the employee's own health insurance.
This Drug and Alcohol Policy is in no way intended
to supersede or waive any constitutional or statutory rights that
the employee may be entitled to as recognized by the federal courts,
state courts and/or applicable quasi-judicial and/or administrative
agencies.