[Ord. 6 S+FC, 8-7-1991 § 1]
The City of Newark, New Jersey, shall henceforth require all
new employees, both appointed and non-appointed, to undergo mandatory
drug testing administered by a professionally trained, reputable firm
hired by the City of Newark in order to demonstrate the ability to
perform their duties without any dependence on illegal substances.
[Ord. 6 S+FC, 8-7-1991 § 2]
CONTRACTOR
Shall mean any agency designated by the City of Newark to
conduct drug screening tests for the purpose of detecting controlled
dangerous substances.
CONTROLLED DANGEROUS SUBSTANCES
Shall mean any substance listed in Schedules I through V
in Sections 5 through 8 of P.L. 1970, C.226 (N.J.S. 24:21-5 through
24:21-8) and in Section 4 of P. L. 1971, C.3 (N.J.S. 24:21-8.1). The
term shall not include tobacco, tobacco products, distilled spirits,
wine, or malt beverages as they are defined or used in N.J.S. 33:1-1
et seq.
DRUG TEST
Shall mean any test administered for the purpose of determining
the presence or absence of a controlled dangerous substance in a person's
body.
EMPLOYEE
Shall mean all individuals hired by the City of Newark and
those persons, both appointed and non-appointed, receiving promotions.
EMPLOYEE ASSISTANCE PROGRAM
Shall mean and refer to the City's program which is designed
to help employees resolve personal problems which have an adverse
effect on their job performance.
MEDICAL FACILITY
Shall mean a laboratory wherein drug tests are conducted
on samples.
PRESCRIPTION OR NON-PRESCRIPTION MEDICATION
Shall mean a drug prescribed for use by a duly licensed physician,
dentist or other medical practitioner licensed to issue prescriptions,
or drug that is authorized for general distribution and use in the
treatment of human diseases, ailments, or injuries, pursuant to the
"Federal Food, Drug and Cosmetic Act," 52 Stat. 1040 (21 U.S.C. 301
et seq.).
REASONABLE SUSPICION
Shall mean circumstances that would induce a reasonably intelligent
individual to believe that a specific condition, in this case the
use of drugs, exists.
[Ord. 6 S+FC, 8-7-1991 § 3]
It is the responsibility of the City of Newark to ensure that
those employees providing services to the citizens of Newark do not
indulge in the use or abuse of controlled dangerous substances.
[Ord. 6 S+FC, 8-7-1991 § 4]
Controlled dangerous substances are classified as any material,
compound, mixture, or preparation which contains any quantity of substances
having a potential for abuse associated with a depressant effect on
the central nervous system.
[Ord. 6 S+FC, 8-7-1991 § 5]
It will be against the City's policy to release information
obtained through a drug test except to the Division of Personnel and
the new employee or promoted employee. The result of drug test may
not be used in any civil or criminal proceeding against the individual
who has submitted to the test.
[Ord. 6 S+FC, 8-7-1991 § 6]
The contractor shall be responsible for performing the urinalysis
testing of employees and submitting findings of the same to the City's
Division of Personnel.
[Ord. 6 S+FC, 8-7-1991 § 7]
All potential hirees as well as those employees receiving promotions
with the City of Newark shall be required to submit to a drug test
for the purpose of determining the presence or absence in the body
of the above-mentioned person. An applicant or person receiving promotion
who refuses to submit to a drug test shall be denied employment and/or
promotion. In the case of a new employee, the test shall be administered
immediately prior to the last application procedure before employment
is offered to the applicant.
[Ord. 6 S+FC, 8-7-1991 § 8]
It is hereby mandatory for all new employees to undergo drug
testing.
[Ord. 6 S+FC, 8-7-1991 § 9]
Those employees receiving promotions who have tested positive
for drugs shall be referred to the City's Employee Assistance Program
for consultation.
[Ord. 6 S+FC, 8-7-1991 § 10]
The test required under this legislation shall be provided by
the City of Newark which shall enter into contract with approved medical
facility to administer the test.
[Ord. 6 S+FC, 8-7-1991 § 11]
Prior to or at the time of the drug test, the hiree or person
receiving promotion will be given the opportunity to submit medical
documentation to verify the person's use of a prescription or non-prescription
medication.
[Ord. 6 S+FC, 8-7-1991 § 12]
Directors, Department Heads, and Managers who suspect employees
of using drugs shall report the name(s) of those person(s) to the
City's Division of Personnel which in turn shall monitor the case.
a. The following characteristic and/or factors may be used to form or
establish reasonable individualized suspicion as cited above:
1. Physical impairment or incapacitation;
4. Deterioration of work habits;
6. Confidential information concerning illegal drug use;
7. Uncharacteristic behavior patterns.
b. The refusal by an employee to submit to a urinalysis test when so
ordered, based on reasonable suspicion, shall be the basis for disciplinary
action imposed by the City's Division of Personnel.
[Ord. 6 S+FD, 8-7-1991 § 1]
The City of Newark, New Jersey, shall henceforth require employees
receiving promotions to undergo mandatory drug testing by a professionally
trained, reputable firm hired by the City of Newark in order to demonstrate
the ability to perform their duties without any dependence on illegal
substances.
[Ord. 6 S+FD, 8-7-1991 § 2]
CONTRACTOR
Shall mean any agency designed by the City of Newark to conduct
drug screening tests for the purpose of detecting controlled dangerous
substances.
CONTROLLED DANGEROUS SUBSTANCES
Shall mean any substance listed in Schedules I through V
in Sections 5 through 8 of N.J.S. 24:21-5 through 24:21-8 and in Section
4 of 24:21-8.1 the term shall not include tobacco, tobacco products,
distilled spirits, wine, or malt beverages as they are defined or
used in N.J.S. 33:1-1 et seq.
DRUG TEST
Shall mean any test administered for the purpose of determining
the presence or absence of a controlled dangerous substance in a person's
body.
EMPLOYEE
Shall mean all individuals hired by the City and those persons,
both appointed and non-appointed, receiving promotions.
EMPLOYEE ASSISTANCE PROGRAM
Shall refer to the City's program which is designed to help
employees resolve personal problems which have an adverse effect on
their job performance.
MEDICAL FACILITY
Shall mean a laboratory wherein drug tests are conducted
on samples.
PRESCRIPTION OR NONPRESCRIPTION MEDICATION
Shall mean a drug prescribed for use by a duly licensed physician,
dentist or other medical practitioner licensed to issue prescriptions,
or drug that is authorized for general distribution and use in the
treatment of human diseases, ailments, or injuries, pursuant to the
"Federal Food, Drug and Cosmetic Act," 52 Stat. 1040 (21 U.S.C. 301
et seq.).
REASONABLE SUSPICION
Shall mean circumstances that would induce a reasonable intelligent
individual to believe that a specific condition, in this case the
use of drugs, exists.
[Ord. 6 S+FD, 8-7-1991 § 3]
It is the responsibility of the City of Newark to ensure that
those employees providing services to the citizens of Newark do not
indulge in the use or abuse of controlled dangerous substances.
[Ord. 6 S+FD, 8-7-1991 § 4]
Controlled dangerous substances are classified as any material,
compound, mixture, or preparation which contains any quantity of the
following substances having a potential for abuse associated with
a depressant effect on the central nervous system.
[Ord. 6 S+FD, 8-7-1991 § 5]
It will be against the City's policy to release information
obtained through a drug test except to the Division of Personnel and
the new employee or promoted employee. The result of drug test may
not be used in any civil or criminal proceeding against the individual
who has submitted to the test.
[Ord. 6 S+FD, 8-7-1991 § 6]
The contractor shall be responsible for performing the urinalysis
testing of employees and submitting findings of the same to the City's
Division of Personnel.
[Ord. 6 S+FD, 8-7-1991 § 7]
All potential hirees as well as those employees receiving promotions
with the City of Newark shall be required to submit to a drug test
for the purpose of determining the presence or absence in the body
of the above mentioned person. An applicant or person receiving promotion
who refuses to submit to a drug test shall be denied employment and/or
promotion. In the case of a new employee, the test shall be administered
immediately prior to the last application procedure before employment
is offered to the applicant.
[Ord. 6 S+FD, 8-7-1991 § 8]
It is hereby mandatory for employees receiving promotions to
undergo drug testing.
[Ord. 6 S+FD, 8-7-1991 § 9]
Those employees receiving promotions who have tested positive
for drugs shall be referred to the City's Employee Assistance Program
for consultation.
[Ord. 6 S+FD, 8-7-1991 § 10]
The test required under this legislation shall be provided by
the City of Newark which shall enter into contract with approved medical
facility to administer the test.
[Ord. 6 S+FD, 8-7-1991 § 11]
Prior to or at the time of the drug test, the hiree or person
receiving promotion will be given the opportunity to submit medical
documentation to verify the person's use of a prescription or nonprescription
medication.
[Ord. 6 S+FD, 8-7-1991 § 12]
Directors, Department heads, and Managers who suspect employees
of using drugs shall report the name(s) of those person(s) to the
City's Division of Personnel which in turn shall monitor the case.
a. The following characteristic and/or factors may be used to form or
establish reasonable individualized suspicion as cited above:
1. Physical impairment or incapacitation.
4. Deterioration of work habits.
6. Confidential information concerning illegal drug use.
7. Uncharacteristic behavior patterns.
b. The refusal by an employee to submit to a urinalysis test when so
ordered, based on reasonable suspicion, shall be the basis for disciplinary
action imposed by the City's Division of Personnel.