[HISTORY: Adopted by the Board of Commissioners of the Township of Patterson 9-14-2017. Amendments noted where applicable.]Attachment 1 - Drug Screen Consent Form
This document contains procedures for implementing a drug and alcohol testing program at Patterson Township. Patterson Township prohibits the use, possession, sale, purchase, manufacture, distribution, transfer or consumption of alcohol and all illegal drugs, including legally regulated drugs.
This program applies to all employees and potential employees of Patterson Township, including nonuniformed and uniformed (bargaining unit) employees.
As used in this policy, the following terms shall have the meanings indicated:
- BANNED SUBSTANCES
- Illegal substances, as defined by federal/state laws, including but not limited to:
- THIRD-PARTY ADMINISTRATOR
- Patterson Township may retain a third-party administrator to perform testing and reporting procedures.
The policy of the Township is to maintain a workplace free from the effects of drug and alcohol use so that employees are fit to perform their work duties and report to work regularly and on time. As such, the Township will not tolerate the manufacture, distribution, possession, use or presence in the body of alcohol or any banned substance which may impair safety or job performance of an employee. Specifically, no employee shall:
Report to duty or remain on duty while having a blood alcohol concentration of .02 or higher, or testing positive for any banned substance;
Use or possess alcohol or any banned substance while on duty;
Consume alcohol within four hours of reporting to work; or
Consume alcohol for at least eight hours after a work-related accident requiring post-accident drug or alcohol testing or until such time as post-accident testing is completed, whichever is earlier.
Employees violating this policy will be subject to discipline, up to and including discharge.
A urine, breath or blood drug screen shall be administered under the following circumstances:
Prehire Drug Screening. All offers of employment shall be conditioned upon the applicant submitting to and passing a urine/blood drug screen. Prehire drug screening will test for the presence of illegal drugs and substances and the illegal use of prescription drugs. This screen does not include an alcohol test. Applicants who refuse to submit to this test or test positive will not be considered for employment with Patterson Township.
Testing for Cause. All employees shall be tested for cause when a reasonable suspicion exists that the employee appears to be under the influence of illegal drugs or illegally using prescription drugs, synthetic drugs and/or alcohol.
Causal/Incident-Related. All employees shall submit to a drug screen as soon as possible after an accident or incident occurring in the course and scope of employment. An "accident" is defined as involving:
Reinstatement, Return-to-Duty and Follow-Up Testing. Any employee who is disciplined for violation of this policy must submit to a drug and alcohol test prior to being returned to duty and will be subject to unannounced follow-up drug and alcohol tests for a period of up to 60 months.
Prehire drug testing.
Upon receiving an offer of employment, the applicant will be required to undergo a drug screen.
The applicant will be provided with the third-party administrator information and scheduled for a drug screen.
Any applicant who refuses to submit to a drug screen or tests positive will not be eligible for employment.
Testing for certain substances.
Testing for cause.
All employees working for the Township may be tested for illegal drugs, substances, synthetic drugs and alcohol if there is reasonable suspicion that the employee is under the influence of alcohol, any of the banned substances, or abuse of prescription medication. For the purpose of this program, the term "reasonable suspicion" shall be defined as "aberrant behavior or unusual on-duty behavior" of an individual employee who:
Is observed on duty by either the employee's immediate supervisor, higher ranking employee, or other managerial personnel (observations shall be documented by the observers);
Exhibits the type of behavior that shows accepted symptoms of intoxication or impairment caused by controlled substances or alcohol or addiction to or dependence upon said controlled substances; and
Such conduct cannot reasonably be explained by other causes such as fatigue, lack of sleep, side effect of prescription or over-the-counter medications, illness, reaction to noxious fumes or smoke.
Testing of this type will only be conducted with the approval of the department head, Township Secretary or Township Commissioner. The department head, Township Secretary or Commissioner must document in writing who is to be tested and why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered, and the name of any source(s) of this information. The employee will be ordered to immediately submit to a drug and alcohol screen. Refusal to submit to testing after being ordered to do so may result in disciplinary action up to and including discharge.
Employee drug screens for cause will include testing for alcohol, as well as the same drugs as the prehire screening test. Each employee will read and execute a consent form prior to any test being administered. Failure to execute the consent form may result in disciplinary action up to and including discharge.
Editor's Note: The drug screen consent form is included as an attachment to this chapter.
Reasonable suspicion testing shall be performed by a third-party administrator approved by the Township. The individual will be immediately accompanied to the clinic by a company representative. Samples will be taken as per the prehire procedure.
If an employee's test is positive for drugs, he/she may not return to work and will be subject to disciplinary action up to and including discharge. The employee will be given a copy of the results of the drug screen.
If an employee has a blood alcohol level of .02 or higher, he/she may not return to work and will be subject to disciplinary action up to and including discharge. The employee will be given a copy of the results of the drug screen.
Any employee involved in an accident as defined under this policy shall provide a blood/breath/urine sample for drug and alcohol testing as soon as possible after the accident.
An employee may not consume alcohol or illegal drugs for at least eight hours after a work-related accident requiring post-accident drug or alcohol testing or until such time as post-accident testing is completed, whichever is earlier.
Required medical treatment or other emergency measures shall take precedence over testing.
Refusal to submit to a test or interfering with the successful completion of such a test shall be deemed a positive test result, and the employee may be terminated.
Drug and alcohol testing requirements for employees with commercial driver's license (CDL)
The United States Department of Transportation (DOT) requires that all employees maintaining a CDL and operating commercial motor vehicles be subjected to the drug screen policies outlined in the "Testing Procedures" section of this document. CDL employees, per the DOT, are required to submit to a minimum five-panel drug screen for the presence of:
A positive test result requires the employee to be immediately removed from operating any commercial motor vehicles on public roadways. In addition, employees whose test produces a positive result must complete return-to-duty and follow-up testing after completion of an approved rehabilitation program as prescribed by a substance abuse professional. Follow-up testing must include a minimum of six unannounced, directly observed drug screens within 12 months of the initial return-to-duty screen.
Employee information, including drug screen results and rehabilitative programs, will be treated as medical records and will remain strictly confidential following HIPAA guidelines for patient confidentiality. Employee requests to release the results of drug screens to any party outside the company must be made in writing and given to the employee's immediate supervisor and designated safety and health officer.