City of Englewood, NJ Substance Abuse

The unlawful manufacture, distribution, dispensation, possession, or use of any controlled dangerous substance as defined in any law the State of New Jersey or of the United States.

The use or consumption of an alcoholic beverage or controlled dangerous substance in such manner or in such quantity so as to adversely affect an employee's work performance or ability to carry out job-related duties.

SUBSTANCE SCREENING

The taking of samples of urine and/or blood or the taking of breath samples and the testing thereof to determine the presence of controlled dangerous substances or the presence of alcoholic beverages.

§ 56-87 Pre-employment screening.

As a condition of employment with the City of Englewood, an applicant selected for employment on a permanent basis by the City of Englewood shall be required to submit to substance screening.

Any applicant for employment who refuses to submit to such substance screening or who is determined as a result of such substance screening to have violated the provisions of this article regarding substance abuse shall not be employed by the City of Englewood.

All advertisements and announcements or employment positions with the City of Englewood shall contain a notice that substance screening is a condition of employment; provided, however, that the failure to provide such notice shall not preclude such pre-employment substance screening.

§ 56-88 Routine or regularly scheduled medical examinations.

Whenever medically indicated, as part of any regularly scheduled medical examination, or routine medical examination scheduled in connection with an injury, accident, disability, workers' compensation claim, illness, or sick leave abuse, the City may require an employee to submit to the taking of blood and/or urine samples.

Any employee who refuses to undergo such regularly scheduled or routine physical examination and to submit to the taking of such samples shall be in violation of provisions of this article.

In addition to such tests as may be medically indicated, the City may submit such samples for substance screening.

§ 56-89 Individualized substance screening.

The City of Englewood may require any employee to undergo mandatory substance screening whenever there is individualized reasonable suspicion to believe that such employee has committed substance abuse.

Whenever an employee's supervisor shall have individualized reasonable suspicion that an employee may have committed substance abuse, the supervisor shall prepare a report, in writing, identifying the employee and setting forth, in detail, the factual basis for such individualized reasonable suspicion. Where the individualized reasonable suspicion is based upon the observations of other than the supervisor preparing the report, the supervisor shall obtain and attach to the report a written witness statement signed by the observer.

Upon completion of the written report, the supervisor shall sign same and submit same to the respective department head. The department head shall review said report, and any accompanying documentation and may, in his discretion, request additional information, question witnesses, consult with the employee, or conduct his own investigation. If the department head reasonably determines that the report and accompanying documents, together with the results of any further investigation, results in an individualized reasonable suspicion that an employee has violated the provisions of this article relating to substance abuse, the department head may, after prior consultation with the City Solicitor or his designee, direct the employee to undergo mandatory substance screening.

§ 56-90 Testing and results.

The taking of samples shall be performed in a medically acceptable manner and, with respect to the taking of urine samples, in the presence of a monitor of the same gender as the employee from whom the sample is taken.

Samples of urine or blood shall be processed and stored in accordance with accepted chain of evidence and evidence storage procedures.

Samples of urine or blood shall be identified by social security number and shall not contain the employee's name.

Pending official action, all reports and test results shall be confidential and shall not be disclosed, without the employee's consent, except to City personnel required to administer the substance abuse program, law enforcement agencies and the employee.

At least two samples of urine or blood shall be taken, one of which shall be made accessible to the employee or his attorney.

Testing of urine or blood samples for use as evidence in any disciplinary proceeding shall be performed by a reputable testing laboratory; provided, however, that testing of samples taken from law enforcement personnel shall be tested at the State Police Laboratory or such other laboratory designated by the Attorney General's office.

§ 56-91 Violations enumerated.

An employee shall be guilty of violating this article if such employee:

Fails or refuses to submit to mandatory substance screening as required by this article.

Has committed substance abuse as defined herein.

Violates any other provision of this article.

§ 56-92 Duty to report violations of substance abuse.

Any employee who witnesses another employee of the City of Englewood violating the provisions hereof relating to substance abuse while such employee is on duty or is present upon City premises shall immediately notify his immediate supervisor who, in turn, shall notify the department head of such other employee.

Employees shall, upon request by the City, prepare and sign written statements respecting their observation and knowledge of substance abuse by any other employee and shall testify concerning such observations respecting such substance abuse brought by the City of Englewood.

Any employee who willfully fails to disclose any knowledge of substance abuse by another employee pursuant to Subsection A hereof or who refuses to prepare and sign a written statement of testimony thereon shall be in violation of this article.

§ 56-93 Submitting medication information.

The City may require an employee, prior to submitting to substance screening, to complete a medical information questionnaire specifying the name of any controlled, dangerous substance, the recommended dosage, prescribing physician, and the date during the past 30 days on which the controlled dangerous substance was last taken.

The City of Englewood may require any such employee to submit a written prescription or other proof that the controlled dangerous substance has been lawfully prescribed.

§ 56-94 Additional guidelines.

The City Manager may promulgate or adopt such additional guidelines and regulations not inconsistent herewith respecting the prevention and detection of substance abuse.

§ 56-95 Disciplinary action and treatment program.

An employee found to have violated the provisions of the article:

May be required to participate in and satisfactorily complete a substance abuse treatment program as a condition of either continued employment or reemployment.

May be reported to the County Prosecutor and, with respect to law enforcement officers, have his or her name included in a registry maintained by the Division of State Police.

Shall be subject to the institution of disciplinary proceedings and possible dismissal thereunder.