[Adopted 9-24-1996 by Ord. No. 30-96]
The City of Long Branch Public Works Department
(hereinafter referred to as the "City") subscribes to the belief that
the abuse of alcohol and/or drugs by City employees is incompatible
with the City's obligation to seek to provide a safe and productive
work environment for its employees and for its citizens to ensure
their safety and trust in the City. The City further believes that
healthy, drug-free employees are a greater asset to the City, to society
and to themselves. The goal of the City Alcohol- and Drug-Free Workplace
Policy is to maintain a work force free from prohibited drugs and
alcohol abuse. The possession, use or distribution of drugs/alcohol
in the workplace poses an unacceptable risk to employees, the public
and the City of Long Branch. Accordingly, the City hereby establishes
the following policies and procedures for all Public Works Department
employees.
This policy is intended to comply with all applicable
federal and state statutes and regulations governing workplace and
antidrug testing, including but not limited to the following:
A.
Procedures for Transportation Workplace Drug Testing
Programs: 49 CFR, Part 40.
B.
Omnibus Transportation Employee Testing Act: 49 CFR,
Part 382.
C.
Controlled Substances Testing, Covering Federal Highway
Administration (FHWA) and controlled drivers: 49 CFR, Part 39, Subpart
H.
D.
Notification and Reporting of Accidents: 49 CFR, Part
394.
A.
It is the responsibility of employees to maintain
personal health so they are physically and mentally capable of performing
in the workplace. The abuse of drugs or alcohol is an unsafe and counterproductive
practice which will not be tolerated at the City of Long Branch Public
Works Department. NOTE: In this policy, the terms "abuse" and "substance
abuse" will be used to mean the use or abuse of or dependency on illegal
drugs, alcohol or drugs that can be prescribed but are used in a manner
inconsistent with the prescription.
B.
Any City public works employee reporting for work
and found to be under the influence of alcohol or drugs or using drugs
or alcohol while at work or in possession of, manufacture of, selling,
offering for sale, trading or providing illegal drugs or alcohol will
be subject to disciplinary action, up to and including termination.
This policy is in effect for all employees while on City property,
which includes the parking lots, or while engaged in City business.
The sale, possession, manufacture, distribution, dispensation, use
or purchase of prohibited drugs and/or alcohol on City property or
while conducting City business is prohibited. City property includes
all areas in which the City operates its equipment, City-owned or
City-leased property, as well as all City/employee-owned vehicles
in use on City property, lockers, desks, equipment, work space and
storage facilities. (City-sponsored activities which may include the
responsible service of alcoholic beverages are not included in this
provision, provided that abuse does not occur.)
C.
In an effort to ensure that the City of Long Branch
Public Works Department is an alcohol- and drug-free workplace and
to comply with Department of Transportation Regulations, a drug testing
program will be in effect for all commercial drivers license holders.
This program will provide for pre-employment, random, post-accident
testing, reasonable suspicion, return-to-duty and follow-up testing.
The City has retained a Medical Review Agency (hereinafter referred
to as the MRO/Agent) to manage and administer the testing program.
D.
Any employee reporting for work impaired and unable
to properly perform required duties will not be allowed to work. If
possible, the supervisor will first seek another supervisor's opinion
of the employee's status. Also, where applicable, 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 should an impaired employee be
allowed to drive.)
E.
Prescription drugs prescribed by the employee's physician
may be taken during working hours. The employee is required to notify
the supervisor if the use of properly prescribed prescription drugs
may adversely affect the employee's work performance. The abuse of
prescription drugs will not be tolerated.
F.
The City will provide an Employee Assistance Program
(EAP) for its employees and supervisory personnel, which will include
a program of education and training on the effects of drug/alcohol
abuse. The EAP/MRO/Agent/City will make available to all employees
informational material related to the cause and effects of substance
abuse and additionally will provide a community service hot-line telephone
number, which can be used by employees whenever assistance is required.
Supervisory personnel who will be in a position to determine whether
an employee must be drug/alcohol tested, pursuant to the policies
herein, will receive a minimum of one hour of training on the specific
physical, behavioral and performance indicators of probable drug/alcohol
abuse. It is the responsibility of the employees to seek assistance
from the EAP before drug/alcohol problems lead to violations of policy
and/or disciplinary action.
G.
The City further has determined to take action against
employees who unlawfully use, distribute or possess alcohol, drugs
and/or controlled substances during or outside assigned working hours
in order to prevent illegal activities and to protect employees, the
public and the City and its property from any danger which may result
from the illegal use of alcohol, drugs and/or controlled substances.
H.
The City has further determined that it will not employ
or use the services of any employee who refuses to be tested for drugs/alcohol
and will discipline any employee who fails a drug/alcohol test, which
may include termination of services.
I.
All employees are required to acknowledge, in writing,
the policy as a condition to initial/continued employment.
As used in this article, the following terms
shall have the meanings indicated:
A person employed by the City in a capacity which requires
a commercial drivers license to be maintained, which in this case
includes all Public Works Department employees, foremen and supervisors,
all of whom shall be included in the test pool.
The confirmation test result shows a positive evidence of
the presence of a prohibited or legal drug/alcohol in an employee's
system.
Prescribed drugs and over-the-counter drugs which have been
legally obtained and are being used as directed and for the purpose
for which they were prescribed or manufactured.
Any of the following substances specified in Schedules I
and II of the Controlled Substances Act, 21 U.S.C. § 801.812
(1981 and 1987 CUM.P.P) as amended and revised, as well as marijuana,
cocaine, opiates, amphetamines, narcotic, phencyclidine (PCP) or any
other habit-forming drug, except where prescribed by a licensed medical
practitioner. This exception applies only when the substance is used
by the individual to whom the drug was prescribed or authorized. The
schedule of drugs includes, but is not limited to, opiates, opium
derivatives, hallucinogenic substances, depressants and stimulants.
A.
All prospective employees selected for a position
will be required to undergo a post-offer, pre-employment test for
the presence of alcohol and illicit drugs. Receipt by the City of
a negative test result shall be required prior to engaging in any
safety-sensitive function employment. A positive test result will
disqualify an individual from further consideration of employment
with the City.
B.
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 or alter
its results. No further consideration for employment will be given
the prospective employee at that time or in the future. The drug test
will be in accordance with Appendix D, which is attached hereto.
A.
All employees who have commercial drivers licenses
will be subject to random, unannounced annual alcohol and drug testing.
Testing will be done during working hours, except under exigent circumstances.
The City shall be responsible for the costs of the tests. Split-sample
testing will be as provided by this policy. Selection criteria, numbers
of tests and test frequency will be determined by the language of
FHWA regulations and will be communicated to employees by City management
or the Agent. However, annually at least 50% of the employees will
undergo drug testing and 25% of the employees will undergo alcohol
testing. Monthly, but no later than quarterly, a prorated number of
employees will be tested. The portion will ensure that the ratios
above are conducted over the calendar year.
B.
Upon notification of selection, the employee will
report to the designated collection site immediately. Failure to report
will be viewed as an attempt to elude the test or alter its results
and will result in disciplinary action, up to and including termination.
A.
All employees are subject to a fitness-for-duty evaluation,
to include urine and breath testing, when there is reasonable suspicion
to believe that the employee is in violation of this policy. 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.
B.
Examples of reasonable suspicion include, but are
not limited to, the following:
C.
Reasonable cause testing determinations will be made
by a supervisor or other City 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 other City 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.
D.
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.
E.
Employees who are deemed to require a fitness-for-duty
evaluation based on reasonable cause will be sent to a health facility
of the City's choice. The attending physician will make every attempt
to determine the cause of the observed behavior, including authorizing,
when his/her medical opinion dictates, an additional alcohol or drug
test. Employees will be placed on unpaid medical leave of absence
until the results of the examination are received by the City. Receipt
of a negative drug test result and/or 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 and without loss of pay.
F.
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.
G.
Employees may be required by the City to undergo a
physical examination, which can include urine and/or blood testing
for drugs/alcohol. Such testing shall be done by a designated agent
of the City, who shall follow the procedures set forth in this policy.
A.
Any employee involved in an accident will be required
to submit to a post-accident alcohol and drug test if:
B.
When a post-accident test is indicated, the City will
make every effort to have said 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.
C.
Receipt by the City of a negative alcohol and drug
test result is required prior to return to duty. A positive test result
may disqualify an employee from further employment or reinstatement
at that time or any time in the future and subject the employee to
disciplinary action, up to and including termination.
A.
Any employee who tests positive for alcohol or illicit
substances will not be permitted to return to work, where applicable,
until he/she has met the following:
(1)
The employee must be 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 must comply and complete all recommendations
made by the substance abuse professional and be able to document the
same.
(3)
The employee must submit to a return-to-duty test,
and a proof of a negative test result must be received by the City.
B.
When the employee is cleared to return to work, he/she
will be required to pass an alcohol and drug test. Upon receipt of
a negative finding, if an employee is allowed to return to work, he/she
will be subject to follow-up testing as required by law and this policy.
The cost of the follow-up testing will be equally split between the
City and the employee.
C.
All employees are entitled to voluntarily participate
in the Employee Assistance Program. However, if there is a positive
test result, participation in the Employee Assistance Program or an
alternate program approved by the City shall be a prerequisite to
continued employment. Refusal to enroll in a program or to complete
a full course of rehabilitation shall be cause for immediate termination
of services. A positive alcohol test is one with a level of .040 or
greater. Employees with a pattern of readings between .020 and .039
will also be subject to enrolling in a mandatory counseling program.
D.
In addition to completing a required course of rehabilitation,
employees shall be subject to the following discipline(s):
(1)
Following the confirmation of a positive test, there
shall be a minimum five-day suspension without pay. In the case of
an alcohol test result between .020 and .039, the penalty would be
a suspension for the remainder of that day's work shift unless a pattern
of this type of abuse has developed. In either case, the suspension(s)
shall also remain in full force and effect until there is a negative
retest provided to the City through a certified laboratory (all costs
of testing to be borne by the employee), but failure on the part of
the employee to present a negative test result within six weeks from
the original incident date shall automatically result in termination
of services. After two weeks, the City reserves the right, for reasons
of operational efficiency, to fill the suspended employee's position
and, in such case, the suspended employee would be entitled to the
next available opening, provided that all other conditions (rehabilitation
and positive test result) are met.
(2)
Employees found to be in violation of this policy
(confirmation of a positive drug/alcohol test) on a second occasion
will be immediately dismissed.
Any employee returning to work with the City
after being disqualified 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 without prior notice
for up to 60 months. However, the employee is not given a fresh start
after this period; the verified positive result remains on his/her
files. If any employee tests verified positive on a subsequent post-rehabilitation
testing, or on any other test during employment with the City, that
employee shall be terminated from employment immediately.
Collection of the urine specimen shall be done
in accordance with federal regulations, as described in 49 CFR, Part
40. Instructions for employees are attached as Appendix B. Collection
will be done at a collection site designated by the MRO/Agent. A proper
chain of custody shall be maintained. Should this chain be broken,
the test shall be invalidated and a new collection made.
A.
All drug testing required by the City Public Works
Department will be performed in accordance with Department of Transportation
guidelines. Drug testing is 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:
the primary specimen, which shall contain no less than 30 milliliters
of urine; and the split specimen, which shall contain no less than
15 milliliters 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 result unless both the 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.
B.
The MRO will perform the following duties for the
City:
(1)
The MRO will review the results of each drug test
before it is reported to the City.
(2)
The MRO will review and interpret each confirmed positive
test result in the following manner to determine whether or not there
is an acceptable medical explanation for the confirmed positive result:
(a)
The MRO will conduct a medical interview with
the employee, either in person or by phone.
(b)
The MRO will review the employee's medical history
and relevant biomedical factors.
(c)
The MRO will review medical records made available
by the employee to determine if a confirmed positive result could
be attributed to the use of legally prescribed medication.
(d)
The MRO will require, if it is deemed necessary,
that the original specimen be reanalyzed.
(e)
The MRO will verify that the laboratory report
and assessment are accurate.
(f)
If the MRO determines that there is a legitimate
medical explanation for the confirmed positive result; he will take
no further action other than informing the City of his determinations
that the test result is negative.
(3)
If the MRO verifies that a confirmed positive test
result is scientifically sufficient and that there is no legitimate
medical explanation for the confirmed positive result, the MRO shall
immediately contact the City's designated representative (who will
instruct the employee's supervisor to immediately suspend the employee
pending management review and determination of appropriate action)
and the employee.
(4)
The MRO will determine whether and when a rehabilitated
employee may return to work.
(5)
The MRO will determine a schedule of post-rehabilitation
testing, after consulting with the City's designated representative,
for an employee returning to work after rehabilitation.
(6)
The MRO will ensure that an employee is tested in
strict compliance with DOT procedures before an employee may return
to work after rehabilitation.
(7)
If the MRO so determines, based upon a review of laboratory
inspection reports, quality assurance and quality control data and
other drug test results, that a particular drug test result is scientifically
insufficient, the MRO will conclude that the test is negative, and
no further action shall be taken. The MRO may request a reanalysis
of the original specimen prior to making this determination. The MRO
may request the reanalysis be performed by the same laboratory or
that an aliquot of the original specimen be sent for reanalysis to
an alternate laboratory certified by the United States Department
of Health and Human Services (DHHS). The laboratory shall assist the
MRO in making his/her determination by having its personnel available
to the MRO for consultation upon request by the MRO.
(8)
Reporting and review of results.
(a)
Review by MRO. The MRO will review all test
results prior to the transmission of results to the City to consider
possible alternate medical explanations for confirmed test results.
The MRO shall have the qualifications and responsibilities, including
those pertaining to the investigation, confirmation and communication
of verified positive and negative test results and the disposition
of scientifically insufficient test results, as set forth in the Medical
Review Officer section of this plan.
(b)
Positive test results.
[1]
If, after making all reasonable efforts and
documenting them, the MRO is unable to reach the individual directly,
the MRO shall contact the City's designated representative, who shall
direct the individual to contact the MRO as soon as possible. The
City's designated representative shall employ procedures that ensure,
to the maximum extent practicable, the requirement that the employee
contact with the MRO is held in confidence.
[2]
If, after making all reasonable efforts, the
City's designated representative is unable to contact the employee,
the MRO may place the employee on temporary, unpaid leave.
[3]
The MRO may verify a test as positive without
having communicated directly with the employee about the test in three
circumstances:
[a]
The employee expressly declines the opportunity
to discuss the test.
[b]
The City's designated representative has successfully
made and documented a contact with the employee and instructed the
employee to contact the MRO, and more than five calendar days have
passed since the date the employee was successfully contacted by the
designated employer representative; or
[c]
Other circumstances provided for in DOT agency
drug testing regulations.
[4]
Under the split-test method, and if the employee
so chooses the split-test method, such test may be conducted, and
if there is a positive result, the provisions/procedures of this section
shall apply.
[5]
If a test is verified positive under the circumstances
specified in this section, the employee may present to the MRO information
documenting that serious illness, injury or other circumstances unavoidably
prevented the employee from timely contacting the MRO. The MRO, on
the basis of such information, may reopen the verification, allowing
the employee to present information concerning a legitimate explanation
for a confirmed positive test. If the MRO then concludes that there
is a legitimate explanation, the MRO may declare the test to be negative.
[6]
Following verification of a positive test result,
the MRO shall refer the case to the City's designated representative
for other rehabilitation or administrative action.
(c)
Verification for opiates. Before verifying a
confirmed positive test result for opiates, the MRO shall determine
that there is clinical evidence other than, or in addition to, the
urine test of unauthorized use of any opium, opiate or opium derivative,
unless confirmation testing for opiates confirms the presence of monoacetyimorphine.
(d)
Authorized reanalysis. Only the MRO may order
a reanalysis of the original primary specimen. The employee may submit
a written request for a retest of the original specimen to the MRO
for a reanalysis of the specimen within 60 days following the day
the employee was informed by the MRO that he or she tested verified
positive for drug use. The MRO shall then authorize the reanalysis
at the City's expense.
(e)
Disclosure of results. Except as provided in
this section, the MRO shall not disclose to any third party medical
information provided by the individual to the MRO as a part of the
testing verification process.
[1]
The MRO may disclose such information to the
City, DOT or other federal safety agency, law enforcement officials
or a physician responsible for determining the medical qualification
of the employee under an applicable DOT agency regulation, as applicable,
only if:
[a]
An applicable DOT regulation permits or requires
such disclosure;
[b]
In the MRO's reasonable medical judgment, the
information could result in the employee being determined to be medically
unqualified under an applicable DOT agency rule; or
[c]
In the MRO's reasonable medical judgment, in
a situation in which there is no DOT agency rule establishing physical
qualification standards applicable to the employee, the information
indicates that continued performance by the employee of his or her
safety-sensitive function could pose a significant safety risk.
[2]
Before obtaining medical information from the
employee as part of the verification process, the MRO shall inform
the employee that information may be disclosed to third parties as
provided in this subsection and the identity of any parties to whom
information may be disclosed.
C.
The City will not knowingly use as an employee any
person who has failed a drug test (i.e., tested verified positive
for use of prohibited drugs) and whose use of the prohibited drugs
has been determined by the MRO to have no legitimate medical explanation.
The City will not knowingly use as an employee any person who refuses
to take a drug test as required pursuant to this policy and 49 C.F.R.
Parts 199 and 391.
D.
The City will immediately remove the employee from
his/her job as a result of a verified positive test and will suspend
the employee pending management review and determination of appropriate
action.
A.
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 Traffic
Safety Administration (NHTSA). This testing can only be performed
by a Breath Alcohol Technician (BAT) that is certified in the equipment
being used.
B.
Two breath tests are required to determine if a person
has a prohibited alcohol concentration. A screening test is conducted
first. Any result, if 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 taken
15 minutes after the initial screening. During that fifteen-minute
period the employee being tested is to remain with the Breath Alcohol
Technician and must refrain from eating, drinking, smoking or belching.
After the fifteen-minute waiting period, a second breath test will
be performed. The results of the second test stand and become the
official test result.
C.
If the confirmation test result shows an alcohol concentration
of 0.02 or less, the official test result is negative, and no action
is required. If the result of the confirmation test is 0.02 or greater,
action by the employer is required pursuant to policies set forth
herein.
D.
As well as potential disciplinary actions, other initial
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 for at least 24 hours and until a negative screen is revealed.
(2)
If the tested employee's alcohol concentration is 0.04 or higher, he/she must immediately be removed from any safety-sensitive duties until he/she has been evaluated by a substance abuse professional (DOT regulations have specific guidelines for who qualifies as a substance abuse professional), has complied with any recommended treatment and has taken and passed a return-to-duty alcohol test (result must be less than 0.02). The employee is then subject to unannounced follow-up testing. (See § 75-55, Follow-up testing.)
(3)
All other actions as set forth earlier in this policy.
E.
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 to 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 may
subject the employee to disciplinary action up to and including termination.
The results of any drug test will be reported
and recorded in a confidential manner. Allowable communication of
medical or test results will follow guidelines established in 49 C.F.R.,
Part 40. The results will not be reported to any additional parties
without the employee's written authorization, except as outlined in
49 C.F.R., Part 40. A copy of the individual's test results will be
available upon request.
A.
The City, 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 United States 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 employees shall be retested at
the City's expense.
C.
Any employee who receives a positive test result will
have the right to ask the City's Medical Review Officer (MRO) to retest
the sample at a NIDA-certified laboratory of the employee's choice
at the employee's expense. Employees whose sample is retested and
the laboratory finds a negative finding will be reimbursed the cost
of the test and returned to work.
D.
The City, 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
all testing will be performed by a qualified Breath Alcohol Technician.
A.
Any employee engaging in the manufacture, distribution,
dispensing, possession or use of prohibited substances on City premises,
in City vehicles or while on City business may face disciplinary action,
up to and including termination. Any manufacture, distribution, dispensing,
possession or use of prohibited substances by any employee in any
manner which affects the employee's job performance or which may cause
the public or a government or corporate body to lose confidence in
the City's ability to perform its responsibilities may result in disciplinary
action, up to and including termination. Law enforcement officials
could be notified, as appropriate, where criminal activity is suspected.
Any employee convicted of violating a criminal drug statute or drunk
driving law/statute will notify the designated City representative
within three calendar days of any such conviction.
B.
Any employee who refuses to comply with a request
for drug testing shall be considered as having produced a positive
test result and may be subject to disciplinary action, up to and including
termination. 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 face disciplinary
action up to and including termination. In the event that the laboratory
detects any substance which has been added to the sample to interfere
with the normal testing process, this will be considered a refusal
to test, and the same sanctions will apply.
C.
The City reserves the right to inspect, investigate
and search for controlled substances at any time, without prior notice,
on or in any and all City premises and vehicles. All coolers are subject
to inspection. Refusal to cooperate with any inspection, investigation
or search that is authorized by a City representative or by a court
of competent jurisdiction shall result in disciplinary action, up
to and including termination.
D.
This policy applies to all Public Works Department
employees. Visitors, vendors and contractors are also governed by
this policy while on City property or providing services to or for
the City. Failure on the part of vendors or contractors to adhere
to this policy will cause the City to cease to do business with that
concern.
A.
The City strongly encourages an employee with a drug/alcohol
abuse problem to voluntarily step forward to tell the City.
B.
The City will assist in referring the employee to
community assistance programs. An unpaid leave of absence will be
granted for a reasonable period for treatment. Use of accumulated
sick or vacation leave, where applicable and approved by the Superintendent,
may be granted on a case-by-case basis.
C.
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 City only after there has been a positive drug test, a violation of a City rule or standards, a violation of law or a violation of this policy, the same conditions outlined in § 75-54A of this policy apply. If an employee fails to remain drug-free after the first voluntary rehabilitation, he/she will be discharged.
A.
In an effort to educate employees in the dangers of
drug use and the City's commitment to keeping drugs out of the workplace,
each employee will receive information covering the dangers of substance
abuse, the City's commitment to an alcohol- and drug-free workplace
and the penalties for violation of this policy.
B.
Supervisory employees will receive at least five hours
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/she must acknowledge receipt and
understanding of the policy as a condition of employment. A sample
of this acknowledgment is attached as Appendix A.
A.
The City has designated __________________________
to administer this company's antidrug/alcohol program. It has contracted
with ___________________________ for the collection and testing to
be done under ____________________________'s standard procedures,
and for the employee awareness and supervisory training program as
designed and administered by ____________________________; all as
more particularly required by the City antidrug/alcohol program.
B.
The Medical Review Officer and Drug/Alcohol Testing
Laboratory shall be those entities utilized by __________________
in its contract with the City.
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APPENDIX A
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Acknowledgment
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This will certify that I, ____________________,
have been given a copy of the City of Long Branch's Public Works Department
Policy addressing alcohol and drugs in the workplace, and that I fully
understand said policy and agree to comply with all terms and requirements
set forth herein.
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EMPLOYEE
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___________________________________
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DATE
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___________________________________
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WITNESS
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___________________________________
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DATE
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___________________________________
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APPENDIX B
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Donor's Checklist for Drug Testing
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The collection of your urine
will be conducted under procedures mandated by the Department of Transportation.
The DOT regulations provide for your individual privacy unless there
is reason to believe that you may have altered or substituted the
urine specimen.
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Please take a few minutes
to read the following information, which describes your role in the
collection process.
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Present required photo identification
to the collector. If you do not have a photo ID, an employer representative
will be asked to identify you.
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You may ask the collector
to show his/her identification.
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Remove any unnecessary outer
garments, e.g., coat, jacket. All personal belongings (e. g., purse,
briefcase) must remain with outer garments. You may ask for a receipt.
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When instructed by collector,
wash and dry your hands.
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You will be provided a sealed
specimen bottle or collection container, or the collector may unwrap
it in your presence. You will be allowed to select your specimen kit
from a box full of like, sealed specimen kits.
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You may provide the specimen
in the privacy of a stall or otherwise partitioned area that allows
for individual privacy.
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After providing the specimen
to the collector, he/she will divide the sample into two separate
bottles.
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You should initial the security
tape on the specimen bottles to certify that it is your specimen.
These sealed bottles will then be placed in a security bag or security
box. These will be sealed with security tape in your presence.
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You should observe the entire
collection procedure.
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You should complete the information
on copies 3 through 6 of the custody and control form. You will be
given a copy of the completed form after the collector has completed
his/her certification.
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You should NOT list medications/prescriptions
on any other copy of the form except the copy which you are given
for your records.
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The results of the laboratory
analysis will be forwarded to our Medical Review Officer. If the laboratory
results are negative, the MRO will notify your employer. If the laboratory
results are positive, the MRO will contact you at the phone number
you provided to give you the opportunity to discuss the test results.
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APPENDIX C
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Prohibited Conduct
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The following conduct is specifically
prohibited by law:
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A.
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Alcohol concentration.
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(1)
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No employee shall report for duty or remain
on duty while having an alcohol concentration of 0.04% or greater,
and no employer having actual knowledge that an employee has a concentration
of 0.04% or greater shall permit an employee to perform or continue
his/her duties.
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(2)
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An 0.02 or greater means no functions can be
performed for 24 hours and another negative screen is revealed to
the employee's supervisor.
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B.
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Alcohol possession. No employee shall be on
duty or operate a motor vehicle while on duty with the City while
possessing alcohol, unless the alcohol is manifested and transported
as part of the shipment. No employer having actual knowledge that
the employee possesses alcohol may permit the employee to drive or
continue to drive a motor vehicle.
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C.
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On-duty alcohol use. No employee shall use alcohol
while performing his/her duties, and no employer having actual knowledge
that an employee is using alcohol shall permit the employee to perform
or continue to perform his/her duties.
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D.
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Pre-duty alcohol use. No employee shall perform
his/her duties within four hours after using alcohol if such use impairs
the employee's duties, and no employer, having actual knowledge that
an employee has used alcohol within the preceding four hours, shall
permit an employee to perform or continue to perform his/her duties
if such use impairs the employee's duties.
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E.
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Alcohol use following an accident. No employee,
who is subject to a post-accident alcohol test, shall use alcohol
for eight hours following the accident or until he or she undergoes
a post-accident alcohol test, whichever occurs first.
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F.
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Refusal to submit to a required alcohol or controlled
substance test. No employee shall refuse to submit to an alcohol or
controlled substance test under any circumstances in which the City
rules require such a test. No employer shall permit an employee who
refuses to submit to such test to perform or continue to perform.
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G.
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Controlled substances use. No employee shall
report for duty or remain on duty when the employee uses any controlled
substances, except when the use is pursuant to the instructions of
a physician who has advised the employee that the substance does not
adversely affect the employee's ability. No employer having actual
knowledge that the employee has used controlled substances shall permit
the employee to perform or continue to perform his/her duties. An
employer may require an employee to inform the employer of any therapeutic
drug use.
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H.
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Positive test for controlled substances. No
employee shall report for duty or remain on duty if the employee tests
positive for controlled substances. No employer having actual knowledge
that an employee has tested positive for controlled substances shall
permit the employee to perform or continue to perform his/her duties.
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APPENDIX D
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City of Long Branch
Pre-Employment Drug Testing Policy and
Procedure
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The City of Long Branch is
dedicated to providing a safe workplace for its employees and residents.
In continuation of this commitment, it is the policy of Long Branch
to conduct pre-employment and for-cause drug screening programs. Job
applicants in Long Branch will undergo testing for the presence of
illegal drugs as a condition of employment.
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Procedure:
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1.
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Once a candidate is selected for a position
and an offer of employment is accepted, the candidate will be required
to undergo a pre-employment drug screen within 48 hours of the job
offer. All offers of employment will be conducted by the Personnel
Department and are conditional upon completion of a drug screening
test.
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2.
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Candidates will be instructed by the Personnel
Department where the nearest testing centers are located.
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3.
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Test results will be received by the City's
Medical Review Officer within three business days. Results will be
reported to the Personnel Department at the end of each business day.
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4.
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In the result of a positive test, a confirmation
test will then be conducted by the medical laboratory. If the results
of the confirmation test are positive, the offer of employment will
be rescinded.
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5.
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Supervisors will be notified by the Personnel
Department of the candidate's employment status.
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6.
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A minimum of one week will be required for the
above actions to take place.
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