The following policy shall apply to all principal
departments in the City of East Orange:
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.
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As used in this article, 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; or
B.
Has a gross vehicle weight rating of 26,001
or more pounds; or
C.
Is designed to 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, which require the motor vehicle to be
placarded under the Hazardous Materials 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, refers to marijuana (THC), cocaine, opiates,
phencyclidine (PCP) and amphetamines (including methamphetamine).
MEDICAL REVIEW OFFICER
A designated City of East Orange 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 0.04 or greater as measured by
a breath analysis machine approved by 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, other than driving time, spent on
or in a commercial motor vehicle.
D.
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.
E.
All time spent performing the driver requirements
associated with an accident.
F.
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 City of East Orange, where official City business is conducted
or where job duties are performed.