As used in this article, the following terms
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol
or other low-molecular-weight alcohols, including methyl and isopropyl
alcohol.
ALCOHOL CONCENTRATION (OR CONTENT)
The alcohol in a volume of breath expressed in terms of grams
of alcohol per 210 liters of breath as indicated by an evidential
breath test.
ALCOHOL USE
The consumption of any beverage, mixture or preparation,
including medication, containing alcohol.
CITY
The City of East Orange.
CITY DESIGNATED REPRESENTATIVE (CDR)
The primary contact person designated by the City to receive
all information and/or reports from the Medical Review Officer, the
Breath Alcohol Technician, the Substance Abuse Professional and the
laboratories. The CDR is also the designated contact person for inquiries
regarding this article.
CONTROLLED SUBSTANCE
Any of those substances listed under the New Jersey Controlled
Dangerous Substances Act (N.J.S.A. 24:21-1 et seq.).
DRUGS
A.
Any substance recognized as a drug in the official
United States pharmacopoeia and national formulary or official homeopathic
pharmacopoeia of the United States or any supplement to either of
them;
B.
Any substance intended for use in the diagnosis,
cure, mitigation, treatment or prevention of disease or other conditions
in persons or other animals;
C.
Any substance other than a device or food intended
to affect the structure or any function of the body of persons or
other animals; or
D.
Any substance intended for use as a component of any article specified in Subsection
A,
B or
C, but does not include gases or devices or articles intended for use or consumption in or for mechanical, industrial, manufacturing or scientific applications or purposes.
DRUGS/CONTROLLED SUBSTANCES TEST
A method for determining the presence of drugs/controlled
substances in a urine sample or blood sampling using a scientifically
reliable method.
FOLLOW-UP TEST
An alcohol and/or drugs/controlled substances test administered
to a covered employee who has violated the prohibitions of this article
and who has been permitted to return to duty after passing a return-to-duty
alcohol and/or drugs/controlled substances test.
ILLEGAL DRUGS
Drugs for which the possession, use, sale or distribution
is unlawful pursuant to the laws of the State of New Jersey or any
federal law or regulation. Illegal drugs, for the purpose of this
article, include drugs which are not legally obtainable and drugs
which are legally obtainable but have been obtained illegally.
INTOXICATING SUBSTANCE
Any substance which produces changes in one's physical, mental
or emotional state or behavior, including but not limited to glue,
paint thinner, etc.
POSSESSION
Having controlled substances which are not obtained either
directly from a doctor or pharmacist using a valid prescription, or
having controlled substances the possession or use of which is unlawful
pursuant to the laws of the State of New Jersey or any federal law
or regulation.
REASONABLE SUSPICION TEST
An alcohol and/or drugs/controlled substances test administered
to a covered employee as a result of a trained supervisor's or trained
City official's reasonable belief that the covered employee has violated
the drug, alcohol or controlled substances prohibitions of this article.
A reasonable suspicion determination must be based on specific, contemporaneous,
articulable observations concerning the appearance, behavior, speech
or body odors of the covered employee. The observations may include
indications of the chronic and/or withdrawal effects of drugs/controlled
substances or alcohol and any of the following:
A.
Documentation of unsatisfactory work performance
or on-the-job behavior.
B.
Evidence of the manufacture, distribution, dispensing,
possession or use of drugs/controlled substances, alcohol or other
prohibited substances.
C.
Occurrence of a serious or potentially serious
accident that may have been caused by human error.
D.
Fights (physical contact), assaults and flagrant
disregard or violations of established safety, security or other work
rules.
REFUSAL TO SUBMIT (TO A DRUG, ALCOHOL OR CONTROLLED SUBSTANCES
TEST)
A.
A covered employee fails to provide an adequate
amount of breath during testing without a valid medical explanation
after he or she has received notice of the requirement for breath
testing.
B.
A covered employee fails to provide adequate
urine for drugs/controlled substances testing without a valid medical
explanation after he or she has received notice of the requirement
for urine testing.
C.
A covered employee engages in conduct that obstructs
or interferes with the testing process.
D.
A covered employee fails to be readily available
for post-accident testing.
E.
A covered employee fails to report to and undergo
alcohol and drugs/controlled substances testing at a collection site
as required.
REPORTABLE INCIDENT
Any personal injury or property damage involving a City employee
that occurs on or off City-owned property during assigned work hours
or any time an employee is using a City-owned vehicle or wearing a
City uniform.
RETURN-TO-DUTY TEST
An alcohol and/or drugs/controlled substances test administered
prior to a covered employee being permitted to return to duty, when
the covered employee has violated this article.
SCREENING TEST (ALSO KNOWN AS "AN INITIAL TEST")
A.
In alcohol testing, a screening test means an
analytical procedure to determine whether a covered employee may have
a prohibited concentration of alcohol in his or her system.
B.
In drugs/controlled substances testing, a screening
test means an immunoassay screen (or other DHHS-approved test) to
eliminate negative urine specimens from further consideration.
SUPERVISOR
A management or supervisory employee of the City of East
Orange.
TRAINED SUPERVISOR or TRAINED CITY OFFICIAL
Any City supervisor or any City management employee who has
received the requisite training in identifying the signs and symptoms
of alcohol abuse and/or drugs/controlled substances abuse.
UNDER THE INFLUENCE OF ALCOHOL
As a result of the consumption of alcohol, an employee's
(or applicant's) ability to perform his or her job is impaired to
an appreciable degree. For the purposes of this definition, a blood
alcohol level of 0.10% alcohol in the blood by weight shall be considered
to be sufficient to establish said condition. An employee with a blood
alcohol level of less than 0.10% alcohol in the blood by weight may
also be considered to be under the influence of alcohol if job performance
is impaired to any appreciable degree.
To implement this article, the following rules
are established as conditions of employment with the City:
A. The City will not hire any applicant who tests positive
on a detection test for illegal drugs or alcohol. Those individuals
will be prohibited from employment with the City for one year, unless
they provide certified documentation of successful completion of a
substance abuse rehabilitation program. Applicants who have completed
a rehabilitation program will be subject to drug screening prior to
being employed.
B. Any City employee who is involved in a reportable
incident (see definitions) that results in injury to persons or property
shall be subject to an investigation. Employees will be directed to
undergo a drug or alcohol detection test to aid in determining fitness
for duty if there is reasonable suspicion that the employee was under
the influence of drugs or alcohol at the time of the incident.
C. An employee who refuses to participate in a required
drug or alcohol detection test will be subject to disciplinary action,
up to and including termination.
D. Based on the results of the investigation and drug
or alcohol detection testing, the employee may be subject to mandatory
participation in a rehabilitation program through the Employee Assistance
Program and disciplinary action in accordance with departmental or
City guidelines and established practices for various infractions.
E. An employee's fitness to continue in his or her current
position while enrolled in any such rehabilitation program will be
determined on a case-by-case basis. Employees who have completed a
rehabilitation program will be subject to random drug screening for
the next year and will sign a waiver consenting to the same.
F. Any City employee at any level who reports for work
on City-owned property or work sites will be directed to undergo a
drug or alcohol detection test to aid in determining fitness for duty
if there is reasonable suspicion that the employee is under the influence
of drugs or alcohol. An employee who refuses to participate in such
testing will be subject to disciplinary action, up to and including
termination of employment.
G. All illegal drugs (see definitions) discovered during
an investigation will be given to the appropriate law enforcement
agency and may result in criminal prosecution. Drug or alcohol test
results will be used for administrative purposes only and will be
kept confidential, unless subpoenaed because of legal action.
H. The use, sale, possession or distribution of a narcotic,
an intoxicating substance or any illegal drug or alcohol while at
work will subject an employee to disciplinary action, up to and including
termination.
I. Supervisors shall take appropriate action to protect
City personnel and City property by removing from the work premises
or site any individual not in condition to perform assigned work in
a normal and safe manner. An employee who appears to be under the
influence of drugs or alcohol shall be taken to an authorized facility
for drug and alcohol testing. Employees shall not be allowed to drive
any vehicle, if it appears that they are under the influence of drugs
or alcohol.
J. If any employee has reasonable suspicion that a supervisor
is under the influence of drugs or alcohol, his or her observations
shall be reported to the supervisor's immediate superior. If the employee
feels that reporting these observations in this manner would adversely
affect his or her working conditions, the report may be made to the
Personnel Department.
The use of a legally controlled substance as
part of a prescribed medical treatment by a licensed physician will
not subject an employee to disciplinary action or denial of employment
if that treatment does not adversely affect job performance. Prescribed
use may be substantiated by a physician's report or statement. If
the use of prescribed drugs adversely affects an employee's job performance
or is detrimental to the public trust or safety of other employees
or citizens, it is in the best interest of the employee and the City
for the employee to be placed on a leave of absence without pay. Leaves
of absence will be used in accordance with current policies.
In keeping with the City's goal to establish
and maintain a work environment free from the effects of drugs and
intoxicating substances and to ensure the safety of citizens, the
workplace and the work force, the following procedures are established:
A. For all positions, applicants who have received an
offer of employment may be required to complete a drug and alcohol
detection test in addition to successful completion of any other physical
examination requirements. A positive finding of alcohol or illegal
drugs will result in denial of employment with the City.
B. Applicants for positions who do not submit to screening
at the appointed time will be denied employment.
C. Department heads, with input from the immediate supervisor,
shall initiate drug or alcohol screening of employees involved in
reportable incidents (see definitions) that result in injury to person
or property, if there is reasonable suspicion of substance abuse.
D. Drug or alcohol testing of employees may be initiated
by department heads, when there is a reasonable suspicion that substance
abuse is occurring. The City Administrator shall be consulted, if
possible, before ordering a test.
E. Drug or alcohol screening of applicants or employees
will include a urinalysis and may also include a breath analysis and
blood sample testing. The consent form to be used for each such test
is attached as Exhibit B, and by this reference made a part hereof. Any positive
readings following urine testing will be confirmed by an alternate
testing method before any management action is taken. All positive
urine or blood samples will be retained by the laboratory for one
year or longer if an appeal or court action is in process.
Before performing any drug, alcohol or controlled
substances test under this article, employees other than drivers being
tested shall be notified that the alcohol and/or drugs/controlled
substances test is required by this article.
A covered employee who has undergone an alcohol
test with a result of 0.04 or greater or who has tested confirmed
positive for drugs/controlled substances and who is subject to and
has complied with the return-to-duty testing provisions above shall,
at the City's discretion, be permitted to return to work subject to
the following:
A. The covered employee has been evaluated by a substance
abuse professional who shall determine what assistance, if any, the
covered employee needs in resolving problems associated with alcohol
misuse and/or drugs/controlled substance use; and
B. The covered employee shall be subject to unannounced
follow-up testing.
(1) The covered employee shall be subject to such follow-up
testing for both alcohol misuse of drugs/controlled substances if
the substance abuse professional recommends testing for both alcohol
and drugs/controlled substances.
(2) The number and frequency of such tests shall be determined
by the substance abuse professional and shall consist of at least
six tests in the first 12 months following the covered employee's
return to duty. Follow-up testing shall not exceed 60 months after
the covered employee's return to duty.
(3) The substance abuse professional may terminate such
tests at any time after the first six tests have been administered
if he or she determines the tests are no longer necessary.