[Amended 5-28-1996]
The following policy shall apply to all principal departments in the
Township of Hampton:
As a condition of employment, this policy applies to all employees whose
job duties include the performance of safety-sensitive functions related to
the operation of a commercial motor vehicle, as defined below, for which the
employee is required to maintain a commercial driver's license valid in the
State of New Jersey. This applies to employees whose job includes such functions
on a regular or occasional basis where the employee may have a distinct possibility
of performing safety-sensitive functions when on duty. It also applies to
employees who perform safety-sensitive functions on an intermittent basis,
such as a temporary worker. (NOTE: Law enforcement employees are also covered
by the Drug Screening Guidelines promulgated by the New Jersey Attorney General,
effective October 22, 1986, and amended on August 1, 1990.)
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As used in this policy, the following terms shall have the meanings
indicated:
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol or other
low molecular weight alcohols, including methyl and isopropyl alcohol.
ALCOHOL USE
The use of any beverage, mixture or preparation, including any medication,
containing alcohol.
COMMERCIAL MOTOR VEHICLE
A motor vehicle or combination of motor vehicles used in commerce
to transport passengers or property if the motor vehicle:
A.
Has a gross combination weight rating of 26,001 or more pounds inclusive
of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
B.
Has a gross vehicle weight rating of 26,001 or more pounds;
C.
Is designed top transport 16 or more passengers, including the driver;
or
D.
Is of any size and is used in the transportation of materials found
to be hazardous for the purposes of the Hazardous Materials Transportation
Act and which require the motor vehicle to be placarded under the
Hazardous Material Regulations (USDOT 49 CFR Part 172, Subpart F).
CONTROLLED SUBSTANCE
Has the meaning assigned by 21 U.S.C. 812, including substances listed
on Schedules I through V as they may be revised from time to time (21 CFR
Parts 1301-1316), and including those substances defined by N.J.S.A. Title
24 and companion regulations as they may be revised from time to time.
CRIMINAL DRUG STATUTE
Federal or state criminal statute involving the manufacture, distribution,
dispensing, use or possession of any controlled substance.
DRUG
Interchangeable use with the term "controlled substance." Unless
otherwise provided, "drug" refers to marijuana (THC), cocaine, opiates, phencyclidine
(PCP) and amphetamines (including methamphetamines).
MEDIAL REVIEW OFFICER
Designated Township of Hampton doctor(s) or contract physician(s)
with appropriate medical training and knowledge of substance abuse conditions,
authorized to receive, review and report laboratory drug test results.
ON DUTY
Any time period (regular work hours, overtime, hourly services),
including breaks, during which an employee is required to comply with a directive
from a supervisor and the employee may be expected to perform and/or be available
to perform a safety-sensitive function.
POSITIVE ALCOHOL TEST
A breath alcohol level of .04 or greater as measured by a breath
analysis machine approved for use by the FHWA and appearing on the Conforming
Products List in the Federal Register.
POSITIVE DRUG TEST
A controlled substance test result reported positive by the laboratory
and subsequently confirmed upon review by the medical review officer as evidence
of prohibited drug use.
SAFETY-SENSITIVE FUNCTION
Any on-duty function as follows:
A.
All time at a carrier or shipper plant, terminal, facility or other
property, waiting to be dispatched, unless the employee has been relieved
from duty by the supervisor.
B.
All time inspecting equipment as required by the Federal Motor Carrier
Safety Regulations or otherwise inspecting, servicing or conditioning any
commercial motor vehicle.
C.
All time spent at the driving controls of a commercial motor vehicle.
D.
All time, other than driving time, spent on or in a commercial motor
vehicle.
E.
All time loading or unloading a commercial motor vehicle, supervising
or assisting in the loading or unloading, attending a vehicle being loaded
or unloaded, remaining in readiness to operate the vehicle or in giving or
receiving receipts for shipments loaded or unloaded.
F.
All time spent performing the driver requirements associated with an
accident.
G.
All time repairing, obtaining assistance or remaining in attendance
upon a disabled vehicle.
SUBJECT TO DUTY
Any time period an employee is required to be available to report
for duty to perform a safety-sensitive function.
WORKPLACE
Any location, including but not limited to garages, depots, yards,
offices, field or road sites, whether or not owned or operated by the Township
of Hampton where official Township of Hampton business is conducted or where
job duties are performed.