[Adopted 11-20-1995 by Ord. No. O-22-95]
The Mayor and Township Council of the Township
of Monroe, hereinafter referred to as the "Township," has a responsibility
to all of its employees to provide a safe and productive workplace
and a responsibility to the public to ensure that their trust in the
Township is protected. The Township also must maintain its status
as a responsible source for federal and state grants and contracts
by maintaining a drug-free workplace. Therefore, the Monroe Township
policy for a drug-free workplace is as follows.
A.
The following rules represent the Township's policy
concerning substance abuse. They are effective immediately and will
be enforced uniformly with respect to all employees, as indicated.
(1)
All employees are prohibited from being under the
influence of alcohol or illegal drugs during working hours.
(2)
The sale, possession, transfer, manufacture, purchase,
distribution, use or receipt of illegal drugs on Township property
or while performing Township business or while on duty is strictly
prohibited and the employee is subject to removal. Such action will
be reported to appropriate law enforcement officials.
(3)
Any employee who commits an unlawful act on or off
company premises or whose conduct discredits the Township in any way
will be subject to discipline, including removal.
(4)
The consumption, use, possession and/or storage of
alcoholic beverages is prohibited on Township property and/or while
on duty except when part of a sanctioned Township event. The misuse
of alcohol while on Township business or functions is also prohibited.
(5)
No prescription drug will be brought on Township premises
or used by one on duty by any person other than the one for whom it
is prescribed. Such drugs will be used only in the manner, combination
and quantity prescribed. If a prescription drug is used by the employee
and it affects the employee's work performance, the employee will
be referred for an evaluation. If an employee is taking prescribed
controlled drugs or other drugs which could affect normal functioning,
it is that employee's responsibility to inform his/her supervisor.
The prescription drug usage should not adversely affect the employee's
safety or job performance.
(6)
Any employee whose off-duty abuse of alcohol, illegal
or prescription drugs results in excessive absenteeism or tardiness
or is a cause of accidents or poor work will be referred to a Township
physician for an evaluation. If the evaluation indicates that the
employee's use is inappropriate, treatment may be ordered. Failure
or refusal by an employee to cooperate in this evaluation or comply
with its recommendations may result in disciplinary action, up to
and including discharge.
(7)
For purposes of this policy, an "alcoholic beverage"
is any beverage that may be legally sold and consumed and has an alcoholic
content in excess of 3% by volume.
(8)
"Drug" means any substance other than alcohol capable
of altering an individual's mood, perception, pain level or judgment.
A "prescribed drug" is any substance prescribed for individual consumption
by a licensed medical practitioner. An "illegal drug" is any drug
or controlled substance the sale or consumption of which is illegal.
(9)
Should any employee be convicted of violating a criminal
drug statute, such violation occurring in the workplace, it is required
that he or she notify the Township Clerk of Monroe Township within
five days of conviction (including pleas of guilty or nolo contendere
or imposition of a sentence, or both.) failure to do so can subject
the employee to disciplinary actions up to and including discharge.
The Township may be required to notify the federal and state contracting
officer (when federal and state agency contracts or grants are in
effect) within 10 days. Once notified by the employee, the Township
Clerk/Business Administrator, along with the full-time head of the
department in which the affected employee is employed, will determine
what action will be taken, including discipline, suspension, suspension
with intent to dismiss or referral for evaluation and treatment. If
treatment is offered to the employee it shall be a condition of continued
employment. Arrangements for treatment to begin shall be made within
30 days from receiving notice of the conviction.
(10)
This policy is to establish and maintain a safe, healthy
working environment for all employees and to reduce the number of
accidental injuries to person or property, to reduce absenteeism and
tardiness and improve productivity, to provide rehabilitation assistance
for any employee who seeks such help and to ensure the reputation
of the Township and its employees within the Township at large. The
policy is based on the following facts:
(a)
This is a public service local government. To
ensure that is keeps the trust of the residents and the public it
must maintain a drug-free work environment.
(b)
Medical information and studies have established
that drug or alcohol abuse affects motor skills, memory retention,
reasoning ability and coordination.
(c)
Except in extreme cases, drug use is difficult
for laymen, or even physicians, to detect by casual observation.
(d)
No safe level of illegal drug use has been established.
(e)
Illegal drug use is not protected under any
civil rights or disability discrimination law.
(f)
Any measurable amount of mind-altering drug
or alcohol in a person's body can cause some degree of impairment,
even if that impairment is not readily apparent to the layman.
(11)
Township benefits such as sick leave and the group
medical plan are available to aid in the rehabilitation process. If
the available assistance fails or is obviously inappropriate, given
the nature of the drug or alcohol abuse, it may be cause for termination
of employment or other sanctions. Rehabilitation itself is the responsibility
of the employee. These benefits are not available to those who violate
rules prohibiting the sale of prohibited substances while on duty
or on Township premises or to those who continue to use prohibited
substances while on duty or on Township premises after they have entered
into the rehabilitation process.
B.
Any employee who feels that he or she has developed
an addiction or dependence on alcohol or drugs is encouraged to seek
assistance. Requests for assistance will be confidential.
C.
The employee who leaves a treatment program prior
to proper discharge will be subject to immediate termination.
D.
Upon successful completion of treatment, the employee
is returned to active status without reduction of pay or seniority.
A.
This policy and its drug-testing program is concerned
with:
(1)
Narcotics (heroin, morphine, opiates, etc.).
(2)
Cannabis (marijuana, hashish, etc.).
(3)
Stimulants (cocaine, diet pills, amphetamines, etc.).
(4)
Depressants (minor tranquilizers, etc.).
(5)
Hallucinogens (PCP, LSD, designer drugs, etc.).
(6)
Alcohol (beer, wine, liquor, etc.).
(7)
Any substance determined under state law to be a controlled
dangerous substance or a controlled dangerous analog.
B.
This policy does not concern the use of caffeine or
nicotine.
A.
When an employee enters a substance abuse program
with the consent of the Township, and if it is determined that a supplementary
means of monitoring drug and or alcohol abuse such as urine testing
is necessary to assist an employee in remaining drug- and/or alcohol-free,
such testing will be performed by the procedures outlined herein.
B.
In addition, the Township reserves the right to test
an employee when there is individualized reasonable suspicion of drug
and/or alcohol abuse. A drug testing and periodic follow-up drug tests
can be requested without prior notice whenever there is individualized
reasonable suspicion.
A.
Reasonable suspicion testing may be based upon, among
other things, a reasonable suspicion that an employee is using or
has used drugs in violation of this policy. "Reasonable suspicion"
is defined as facts, circumstances, physical evidence, physical signs
and symptoms or a pattern of behavior from which reasonable inferences
can be drawn that any employee is using or has used drugs in violation
of this policy. The facts must be clearly stated at the time the request
for a sample is made.
B.
Examples of reasonable suspicions are:
(1)
The employee appears to be under the influence of
drugs or alcohol (e.g., slurred speech, inability to walk a straight
line, etc.).
(2)
An employee is found in possession of suspected illicit
drugs or alcohol or suspected illicit drugs or alcohol are found in
an area controlled or used exclusively by the employee, such as the
employee's desk.
(3)
Following a serious accident or an accident in which
safety precautions were violated or unusually careless acts were performed.
(4)
A pattern of employee absenteeism or tardiness.
(5)
Unexplained deterioration in individual job performance.
(6)
Significant change in individual personality (e.g.,
repealed abusive behavior, insubordination, etc.).
(7)
Reliable reports that an individual or group has been
using drugs in violation of this policy.
(8)
Employee admissions regarding drug abuse.
(9)
Unexplained absences from the work area when there
is reason to suspect drug-related activity in violation of these guidelines.
(10)
Employees who have previously failed a urine drug
test and/or blood tests and are on probationary status.
(11)
Evidence that an individual has tempered with a drug
test while in the employ of the Township.
(12)
Any other facts and circumstances creating reasonable
suspicion that this policy has been violated.
C.
A refusal to submit a urine sample and/or blood test
requested on the basis of individualized reasonable suspicion will
be grounds for discipline, including discharge.
D.
Procedures regarding reasonable suspicion testing.
If any employee is suspected of using illegal drugs and/or alcohol,
the employee's supervisor will gather all information, facts and circumstances
leading to and supporting this suspicion. The supervisor shall then
refer the information to the Township Clerk/Administrator and together
they shall decide whether there are sufficient facts to support determination
of a reasonable suspicion. The Township Clerk/Administrator may seek
other appropriate professional advice if circumstances warrant the
same. When the concurrence of the reasonable suspicion has been made,
the employee's supervisor will promptly prepare a written report detailing
the circumstances which form the basis to warrant the testing. This
report should include the appropriate date(s) and time(s) of the reported
drug-related incident(s), reliable/credible sources(s) of information,
rationale leading to the test(s) and the action taken.
The urine specimen will be obtained from the
employee by a laboratory certified by the National Institute of Drug
Abuse, in accordance with the laboratory's procedure and under the
direction of a Township physician and/or appropriate medical-insurance-assigned
physician.
A.
The physician requesting the urine specimen and/or
blood test will fill out the appropriate portions of the drug test
request form,[1] requesting that the employee submit to a drug and/or alcohol
test.
[1]
Editor's Note: The drug test request form is included at the end of this chapter.
B.
The employee will sign the drug test request form,
acknowledging receipt of the request to submit to drug and/or alcohol
testing.
C.
The employee will be accompanied by his or her supervisor
to the laboratory for drug testing. The supervisor will give the drug
test request form to the laboratory.
D.
An employee who is unable to provide a urine specimen
immediately will be asked to remain on the premises for a reasonable
amount of time not to exceed three hours. If the employee is unable
to submit a sample, this will be considered a refusal unless the attending
physician or the employee's own physician can submit medical documentation
that he/she is unable to urinate.
E.
Upon receipt of the specimen from the employee by
the laboratory, the staff member collecting the specimen will immediately
make the appropriate notation indicating the employee's compliance
on the drug test request form. If the employee complies, refuses or
is unable to submit a urine specimen, this fact shall be noted on
the drug test request form.
F.
The laboratory will test the specimen for prohibited substances, as set forth in § 65-29, and confirm using an alternative scientific method. For example, the EMIT test followed by the GS/MS test.
G.
The laboratory will return the drug test request form,
the lab report and any printouts showing the results to the appropriate
Township physician of the Township of Monroe.
H.
The employee has the right to request at the time
that he or she submits a requested specimen that two samples be taken
and the right to have the second sample tested by an independent laboratory
of his or her choosing, provided that the laboratory is approved by
the State of New Jersey, the cost of the second sample taking and
testing to be at the employee's expense. The employee must check off
and sign next to his choice of drug testing, indicating whether or
not he or she has requested that a second sample be taken. Both specimen
samples shall be collected in accordance with the above outlined procedure.
I.
Any individual subject to testing under this plan
shall be permitted to provide urine specimens in private and in a
rest room stall or similar enclosure so that the employee is not observed
while providing the sample. Collection site personnel of the same
gender as the individual tested, however, may observe the individual
provide the urine specimen when such personnel have reason to believe
the individual may alter or substitute the specimen to be provided.
Collection site personnel may have reason to believe that a particular
individual may alter or substitute the specimen to be provided when:
A.
The requesting physician of the Township will receive
all reports of test results. Results of the test shall be reported
by the requesting physician to the Township Clerk's designate and
to the test employee. All actions taken under the authority of this
program will maintain employee confidentiality. Information related
to investigations, possible employee violations, medical tests or
drug tests will be communicated only on a need to know basis. Discussions
with employee so conducted under this policy will be conducted as
privately as circumstances permit.
B.
All records and information of the personnel actions
taken on employees with verified positive test results shall remain
confidential with only authorized individuals who have a need to know
having access to them.
C.
No laboratory reports or test results will appear
in a personnel folder. Information of this nature will be included
in a separate employee file.
A.
The Township will take action on a confirmed positive
test result only after receiving a report to the Township Clerk/Administrator
from the Township physician. Detection of any prohibited substance
in the specimen is grounds for immediate discharge or suspension of
an employee. However, the employee should have every opportunity within
a one-week period to explain the presence of any drug in his/her system
and to substantiate the explanation with medical evidence. The medical
evidence which would justify a positive result may include, but is
not limited to, a valid prescription or a verification from the employee's
physician verifying a valid prescription. The evidence should be submitted
directly to the requesting Township physician.
B.
The presence of a drug such as phencyclidine (PCP),
which is not available medically, is self-explanatory. However, the
presence of drugs available by prescription, such as barbiturates
and amphetamines, could have a legitimate medical explanation. Since
the legitimate use of these drugs could indicate a possible health
problem, the employee's job responsibilities will be reviewed as to
whether the use of these drugs poses a potential hazard to the employee,
coworkers or the public or would otherwise interfere with job performance.
All employees are expected to comply fully and
promptly with instructions issued under the authority of this policy.
Failure to do so can result in disciplinary action up to and including
discharge.
Termination notices under this policy should
identify the reason for termination as misconduct and comply with
the procedure set forth under the regulations of the New Jersey Department
of Personnel.
A.
The Township Clerk/Administrator is responsible for
the overall daily administration of this program and will arrange
instruction to all employees and supervisors in the following topics:
B.
All physician examinations related to suspected drug
or alcohol abuse are to be conducted by officially recognized doctors
of the Township of Monroe.
C.
The Township doctor/physician is responsible for the
selection of laboratories and procedures to be used for urine drug
screening.
The following measures will be implemented so
that employees will be aware of Monroe Township's drug abuse policy:
A.
Copies of the policy will be posted on bulletin boards
at Township facilities.
B.
Supervisors will inform all employees reporting to
them of the effective date of the policy and supply each employee
with a copy. Copies which department heads are unable to distribute
are to be returned to the Township Clerk. All employees will sign
a form indicating they have received a copy of this policy.[1]
[1]
Editor's Note: See the form at the end of
this chapter.
Neither this policy nor the Township's substance
abuse program[1] is intended to establish or alter any existing or implied
contract between the Township and its employees. The Township reserves
the right to alter this policy and substance abuse program at will.
