To fulfill its goal to provide a safe and productive environment
for its employees, the Township of Upper Freehold recognizes that
unlawful use and distribution of controlled substances or unlawful
drugs and the abuse of controlled substances or unlawful drugs and
the abuse of alcohol pose a threat to the health and safety of all
Township employees. The Township further recognizes that physical
or mental impairment by the misuse or abuse of alcohol can be detrimental
and as hazardous as drugs in the workplace.
[Res. 85-04]
a. Any drug/alcohol use or abuse which renders an employee unfit for
his/her work assignment, or as a result of which the employee cannot
satisfactorily perform his/her occupational duties, whether such alcohol/drug
use or abuse was at or outside of the workplace, may be grounds for
disciplinary action.
b. Any employee who is intoxicated or under the influence of alcohol
or drugs at the workplace during working hours may be immediately
suspended and subject to termination by his supervisor and/or Department
Head. Such action will be immediately reported to the Business Administrator
who will notify the Township Attorney.
c. Any employee holding a Commercial Driver's License (CDL) shall be
subject to the provisions of the Township's Drug and Alcohol Testing
Policy for employees with Commercial Driver's Licenses.
d. Employees using prescription drugs that may affect job performance
or safety must notify their supervisor or Department Head who is required
to maintain the confidentiality of any information regarding an employee's
medical condition. Township personnel who may have a drug/alcohol
problem may see the Township's Administrator regarding employee assistance.
[Res. 36-96]
The purpose of this program is to comply with Federal and State
statutes which require drug and alcohol testing for Commercial Drivers
Licensed Employees.
This policy is intended to comply with all applicable Federal
and State statutes which relate to regulations relating to Commercial
Drivers Licensed Employees, including but not limited to the following:
a. 49 CFR, Part 40: Procedures for Transportation Workplace Drug Testing
Programs.
b. 49 CFR, Part 391: Subpart H, Controlled Substance Testing, Covered
Federal Highway Administration (FHWA) and controlled drivers.
c. Section 382.401: Federal Motor Carrier Safety Regulations.
d. 49 CFR, Part 394: Notification and Reporting of Accidents.
[Res. 36-96]
a. In an effort to insure that the Township of Upper Freehold complies
with Department of Transportation Regulations, a drug and alcohol
testing program will be in effect for all employees who hold commercial
driver's licenses, hereinafter referred to as employees. This program
will provide for pre-employment, random, post-accident testing, reasonable
suspicion, return to duty, and follow-up testing. The Township has
retained an independent contractor (hereinafter referred to as the
Agent) to manage and administer the testing program.
b. Any employee possessing a commercial driver's license who reports
for work visibly impaired is unable to properly perform required duties
and will not be allowed to work. If possible, the supervisor will
first seek another supervisor's opinion of the employee's status.
The supervisor will subsequently consult privately with the employee
about the observation. If, in the opinion of the supervisor, the employee
is considered impaired, the employee will be required to be tested
for alcohol and illicit substances, depending on the supervisory determination
of the observed impairment. (Under no circumstances will an impaired
employee be allowed to drive.)
c. Prescription drugs prescribed by the employee's physician may be
taken during working hours. The employee should notify the supervisor
of the use of any properly prescribed prescription drugs which may
adversely affect the employee's work performance. The abuse of prescription
drugs will not be tolerated.
[Res. 36-96]
The Department of Transportation rules require drug and alcohol
testing for employees possessing commercial driver's licenses. Required
drug and alcohol testing is done by two separate and distinct methods.
Drug testing is done by urinalysis and alcohol testing is done by
breath testing. Below you will find explanations of how this testing
will be performed.
a. Drug Testing. All drug testing required by the Township will be performed
in accordance with Department of Transportation guidelines. This testing
process will look for the presence of the following substances: amphetamines,
cocaine, opiates, marijuana, and phencyclidine. Under no circumstances
will any other tests be performed on any specimen provided under Department
of Transportation guidelines by a Township employee.
Drug testing shall be by urinalysis using split samples. Split
sample testing requires the specimen be divided into two separate
bottles during the collection process. These two bottles are designated
as (1) the primary specimen which shall contain no less than 30 ml.
of urine, and (2) the "split" specimen which shall contain no less
than 15 ml. of urine. Upon arrival at the laboratory the primary specimen
will be opened and tested. In the first screening test, immunoassay
techniques are used to screen urine specimens for classes of drugs.
In the second or confirmation test, any positive results found in
the first screening will be confirmed using the tandem technique of
gas chromatography/mass spectrometry (GC/MS) which positively identifies
and quantifies the presence of specific drugs. No test result will
be reported by the laboratory to the Medical Review Officer (MRO)
as a positive drug test unless both initial screening test and the
confirmation test are positive.
The laboratory shall report the test results to the Medical
Review Officer (MRO) who shall evaluate the chain of custody, urine
custody form, and test results. If a test is reported positive by
the laboratory, the MRO will interview the employee to make an independent
evaluation of whether the test should be reported as negative or positive.
The MRO will report the results of a drug test to the Township's designee.
Should an interview with the employee be necessary, the MRO
will make two attempts on consecutive business days to call the employee.
Should the MRO fail to make contact, he shall contact the Township's
designated representative to request that the employee contact the
MRO.
The Township's designated representative shall inform the employee
of the MRO's request in a confidential manner. Failure to respond
within five days will be noted by the MRO when positive test results
are reported. If the MRO and the Township's designated representative
are unable to contact the employee, the employee may be placed on
unpaid medical leave pending dismissal. It is the employee's responsibility
to provide a phone number at which he can be contacted on the chain
of custody form.
b. Alcohol Testing. The Department of Transportation rules require breath
testing for alcohol. This testing must be done using an evidential
breath testing device (EBT) approved by the National Highway Safety
Administration (NHTSA). This testing can only be performed by a Breath
Alcohol Technician (BAT) that is certified in the equipment being
used.
Two breath tests are required to determine if a person has a
prohibited alcohol concentration. A screening test is conducted first.
Any result less than 0.02 alcohol concentration is considered a "Negative"
test and no further testing is required. If the initial screening
shows an alcohol concentration of 0.02 or greater, a second or confirmation
test is required. The confirmation test must be performed 15 to 20
minutes after the initial screening. During that time period the employee
being tested is to remain with the Breath Alcohol Technician and must
refrain from eating, drinking, smoking, or belching. After the waiting
period, a second breath test will be performed. The results of the
second test stand and become the official test result.
If the confirmation test result shows an alcohol concentration
of 0.02 or less, the official test is negative and no action is required.
If the result of the confirmation test is greater than 0.02, action
by the employer is required.
Employer response to breath testing results that show an alcohol
concentration of 0.02 or greater are as follows:
1. If the tested employee's alcohol concentration is between 0.02 and
0.039 the regulations call for the removal of the driver from driving
for at least 24 hours and pass a return-to-duty test before returning
to work.
2. If the tested employee's alcohol concentration is 0.04 or higher
he must immediately be removed from any safety-sensitive duties and
be subject to disciplinary action up to and including termination.
At a minimum the employee must remain suspended until he:
(a)
Has been evaluated by a Substance Abuse Professional (DOT regulations
have specific guidelines for who qualifies as a Substance Abuse Professional);
(b)
Has complied with any recommended treatment; and
(c)
Has taken and passed a return-to-duty alcohol test (result must
be less than 0.02.) (All return-to-duty testing is done at the employee's
expense.) The employee is then subject to unannounced follow-up testing.
(See Follow-up Testing in this policy.)
Applicants and employees are expected to report for alcohol
and drug testing as required by this policy and in accordance with
Township testing procedures. Employees are to report for work with
no alcohol or illegal drugs in their bodies. Any refusal to submit
to alcohol breath testing or urinalysis drug testing as directed by
supervisory personnel will be considered a refusal-to-test and will
require the same disciplinary action as a positive test result.
[Res. 36-96]
All prospective employees applying for positions that require
a commercial driver's license will be required to undergo a preemployment
test for the presence of illicit drugs. Receipt by the Township of
negative test results is required prior to engaging in any safety
sensitive function or an offer of employment. A positive test result
will disqualify an applicant from further consideration at that time.
Failure to keep an appointment with the Agent, which was previously
agreed to by both the prospective employee and the Agent, will be
viewed as an attempt to elude the testing to alter its results. No
further consideration for employment will be given the prospective
employee at that time.
[Res. 36-96]
All employees covered by service contracts which require random
testing and all employees who must have commercial driver's licenses
to perform their duties for the Township will be subject to random,
unannounced alcohol and drug testing. Selection criteria, number of
tests, and test frequency will be determined by the language of FHWA
regulation and will be communicated to employees by Township management
or Agent.
Upon notification of selection, the employee will report to
the designated collection center within one hour. Failure to report
will be viewed as an attempt to elude the test or alter its results
and could result in disciplinary action up to and including termination.
All employees are subject to a fitness for duty evaluation,
to include urine and breath testing, when there is reason to believe
that alcohol or drug use is or will adversely affect job performance.
A reasonable cause referral for testing will be made on the basis
of documented, objective facts and circumstances which are consistent
with the long and short term effects of substance abuse.
Examples of reasonable suspicion include, but are not limited
to, the following:
— Adequate documentation of unsatisfactory
work performance or on-the-job behavior.
— Physical signs and symptoms consistent with
substance abuse.
— Evidence of the manufacture, distribution,
dispensing, possession, or use of controlled substances, alcohol,
or drugs.
— Fights, assaults, or flagrant disregard or
violations of established safety, security, or operating procedures.
Reasonable cause testing determination will be made by a supervisor
or Township official who is trained to detect the signs and symptoms
of drug and alcohol use and who can reasonably conclude that an employee
may be adversely affected or impaired in his/her work performance
due to substance abuse. If another supervisor or Township official
is immediately available, he/she will verify that there is reasonable
cause before the employee is transported to the Agent's facility.
At no time will this determination be made on the basis of third party
reports without verification.
NOTE: Employees are cautioned that various over-the-counter
and prescribed medication can adversely affect ability to operate
vehicles and other equipment. It is the employee's responsibility
to report to work each day fit for his or her duties.
Employees who are deemed to require a fitness for duty evaluation
based on reasonable cause will be sent to a health facility of the
Township's choice. The attending physician will make every attempt
to determine the cause of the observed behavior, including authorizing,
when his medical opinion dictates, an additional alcohol or drug test
which is more comprehensive than that required by FHWA, State or contractual
requirements. Employees will be placed on an unpaid medical leave
of absence until the results of the examination are received by the
Township. Receipt of a negative drug test result and doctor's statement
that the employee was and is fit for duty is required prior to continued
employment. Employees who are returned to duty by this means will
be reinstated without prejudice.
Employees who are medically determined to be temporarily unfit
to perform their duties, but who test negatively for alcohol or drugs,
will be returned to duty when they obtain the original examining doctor's
written statement that they are fit for duty.
[Res. 36-96]
a. Alcohol Testing Positives.
1. Employees who test positive during alcohol breath testing (1st offense)
in the range of .02-.039 will be suspended from work for a minimum
of 24 hours and be required to pass a return-to-duty breath alcohol
test before returning to work. In addition employees will be subjected
to disciplinary action. (All return-to-duty testing is done at the
employee's expense.)
2. Employees who test positive during alcohol testing (1st offense)
in the range of 0.04 or higher will be suspended from work and subject
to disciplinary action up to and including termination. At a minimum
the employee must remain suspended until:
(a)
The employee is evaluated by a Substance Abuse Professional.
This professional must meet the criteria outlined in the Department
of Transportation's Alcohol and Drug Rules for Substance Abuse Professionals.
(b)
The employee complies and completes all recommendations made
by the Substance Abuse Professional and is able to document same.
(c)
The employee submits to a return-to-duty drug test and proof
of negative test result must be received by the Township. (All return-to-duty
testing is done at the employee's expense.)
The employee will then be subject to follow-up testing for up
to 60 months. A minimum of six follow-up tests must be performed within
the first 12 months. (All follow-up testing is done at the employee's
expense.)
Employees who test positive during alcohol breath testing (2nd
offense) in the range of 0.04 or higher will be terminated.
b. Drug Testing Positives. Employees who test positive during drug testing
(1st offense) will be suspended from work and subject to disciplinary
action up to and including termination. At a minimum the employee
must remain suspended until:
1. The employee is evaluated by a Substance Abuse Professional. This
professional must meet the criteria outlined in the Department of
Transportation's Alcohol and Drug Rules for Substance Abuse Professionals.
2. The employee complies and completes all recommendations made by the
Substance Abuse Professional and is able to document same.
3. The employee submits to a return-to-duty drug test and proof of negative
test result must be received by the Township. (All return-to-duty
testing is done at the employee's expense.)
The employee will then be subject to follow-up testing for up
to 60 months. A minimum of six follow-up tests must be performed within
the first 12 months. (All follow-up testing is done at the employee's
expense.)
Employees who test positive during drug testing (2nd offense)
will be terminated.
In any cases where an employee who tests positive during a random
or reasonable suspicion test is required to remain out of work for
a period of more than two weeks, the Township reserves the right to
fill that position.
[Res. 36-96]
Any employee involved in an accident will be required to submit
to a post-accident alcohol and drug test if instructed to do so by
a police officer, a Supervisor of the Township, or if:
a. The driver's performance either contributed to an accident or cannot
be discounted as a contributing factor to the accident.
b. The driver involved in an accident receives a citation for a moving
violation.
c. There is a fatality as a result of an accident.
d. The accident meets the Department of Transportation criteria for
an accident that requires such testing.
When a post-accident test is indicated the Township will make
every effort to have the test performed within two hours of notification
of the accident. At no time will a period of more than eight hours
transpire between notification and testing. Documentation of the entire
post-accident procedure should be made by all personnel involved in
the notification and testing process.
Receipt by the Township of a negative alcohol and drug test
result is required prior to return-to-duty. A positive test result
will disqualify an employee from further employment or re-instatement
at that time or any time in the future. Refusal to comply with the
testing process will be considered insubordination and will carry
the same disciplinary action as a positive test result.
[Res. 36-96]
All return-to-duty testing is done at the employee's expense.
When the employee is cleared to return to work after a positive
random or reasonable suspicion test, he/she will be required to pass
an alcohol and drug test. Upon receipt of a negative finding, the
Township will review the employee's employment and will then determine
whether or not the employee will be allowed to return to work. If
an employee is allowed to return to work, he/she will be subject to
follow-up testing, as determined by the Township.
[Res. 36-96]
All follow-up testing is done at the employee's expense.
Any employee returning to work with the Township after being
suspended for a positive alcohol or drug test or returning to work
after a leave of absence for voluntary substance abuse treatment will
be subject to random follow-up testing. The employee will be tested
at least six times in the first 12 months after returning to duty,
and may be subject to follow-up testing for up to 60 months.
Any employee who tests positive for drugs or alcohol during
the follow-up testing process will be terminated.
[Res. 36-96]
The results of any drug tests will be reported and recorded
in a confidential manner. Allowable communication of medical or test
results will follow guidelines established in 49 CFR, Part 40. The
results will not be reported to any additional parties without the
employee's written authorization, except as outlined in 49 CFR, Part
40. A copy of the individual's test results will be available upon
request.
[Res. 36-96]
a. The Township, through its Agent, will take steps in its arrangements
for testing to ensure that the laboratory is certified by SAMHSA and
meets the requirements of the U.S. Department of Transportation (DOT).
b. The chain of custody for any urine sample shall be maintained at
all times. If the chain of custody is broken, after the tamperproof
seal is applied, the employee shall be retested at the Township's
expense.
c. Any employee who receives a positive test result will have the right
to ask the Township's Medical Review Officer (MRO) to re-test the
sample at a NIDA certified laboratory of the employee's choice at
the employee's expense.
d. The Township, through its Agent, will make every effort to ensure
that the equipment being used for alcohol breath testing meets all
the requirements of the Department of Transportation and that all
testing will be performed by a qualified Breath Alcohol Technician.
[Res. 36-96]
Any employee engaging in the manufacture, distribution, dispensing,
possession or use of prohibited substances on Township premises, in
Township vehicles, or while on Township business will be immediately
discharged. Any manufacture, distribution, dispensing, possession,
or use of prohibited substances by any employee in any manner which
effects the employee's job performance, or which may cause the public
or a government or cooperate body to lose confidence in the Township's
ability to perform its responsibilities, will result in disciplinary
action up to and including termination. Law enforcement officials
should be notified, as appropriate, where criminal activity is suspected.
Any employee convicted of violating a criminal drug statute will notify
the designated Township representative within five days of such conviction.
Any employee who refuses to comply with a request for drug testing
shall be considered as having produced a positive test result and
will be discharged. Any employee who provides false information in
connection with a test, or who attempts to falsify test results through
tampering, contamination, adulteration, or substitution, shall be
terminated for insubordination. In the event that the laboratory detects
any substance which has been added to the sample to interfere with
the normal testing process, it will be considered a "refusal-to-test"
and the same sanctions will apply.
The Township reserves the right to inspect, investigate, and
search for controlled substances at any time, with or without prior
notice, on or in any and all Township premises and vehicles. Refusal
to cooperate with any inspection, investigation, or search that is
authorized by a Township representative shall result in termination
for insubordination.
[Res. 36-96]
The Township strongly encourages an employee with a drug/alcohol
abuse problem to voluntarily step forward to tell the Township.
The Township will assist in referring the employee to community
assistance programs. An unpaid leave of absence will be granted for
a reasonable period for treatment. The Township will make every effort
to hold the employee's position during the rehabilitation process,
though this cannot be guaranteed.
It is crucial to note that the accommodations in this section apply only when an employee voluntarily comes forward. If a substance abuse problem is disclosed to the Township only after there has been (1) a positive drug test, (2) a violation of a Township rule or standard, (3) a violation of law, or (4) a violation of this policy, the same conditions outlined in Subsection
9-44.10 of the return-to-duty section of this policy shall apply. If an employee fails to remain drug-free after the first voluntary rehabilitation, he could be terminated.
In an effort to educate employees in the dangers of drug use
and the Township's commitment to keeping drugs out of the workplace,
each employee will receive information covering the dangers of substance
abuse, the Township's commitment to an alcohol- and drug-free workplace,
and the penalties for violation of this policy.
Supervisory employees will receive at least one hour of training
on identifying those individuals who might be impaired by the use
of drugs.
Each employee or prospective employee shall be given a copy
of this policy. He must acknowledge receipt and understanding of the
policy as a condition of employment. A sample of this acknowledgment
is attached as Appendix A.