[HISTORY: Adopted by the Township Committee of the Township of Hampton
3-26-1996. (This resolution became effective 1-1-1996.) Amendments noted where
applicable.]
GENERAL REFERENCES
Personnel — See Ch. 18.
A.
It is the policy of the Township of Hampton to maintain
a drug-free workplace in accordance with the Federal Drug-Free Workplace Act
of 1988, P.L. 100-690, Title V, Subtitle D, which conditions the receipt of
federal grant funds upon the grantee's agreement to provide a drug-free workplace.
[Amended 5-28-1996]
B.
As a public employer, the Township of Hampton is firmly
committed to operating in the safest and most efficient manner possible. As
a responsible employer, we are committed to promoting the safety and welfare
of our employees. The problems of drug and alcohol abuse in our society is
a potential threat to those objectives, endangering not only the motoring
public, but also the personal lives of our employees.
C.
In order for the Township of Hampton to meet our commitments
to the public and our employees, it is essential that we operate in an alcohol-
and drug-free environment, and that our employees be free from the effects
of alcohol and other mind-altering drugs. It is the responsibility of each
employee to ensure that he/she is alcohol- and drug-free in compliance with
the requirements outlined in this policy.
D.
The purpose of this document is to implement a drug and
alcohol testing program as required by federal regulations cited below for
employees performing safety-sensitive functions which require the employee
to maintain a commercial driver's license.
A.
This policy was developed in accordance with the following
federal rules and regulations which apply to the Township of Hampton:
B.
Moreover, any employment action taken by appointing authority
for violation of the provisions of this policy shall be taken in accordance
with N.J.S.A., Title 11A, Title 4A of the New Jersey Administrative Code and
any applicable procedures contained in collective bargaining agreements.
[Amended 5-28-1996]
[Amended 5-28-1996]
The following policy shall apply to all principal departments in the
Township of Hampton:
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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:
The intoxicating agent in beverage alcohol, ethyl alcohol or other
low molecular weight alcohols, including methyl and isopropyl alcohol.
The use of any beverage, mixture or preparation, including any medication,
containing alcohol.
A motor vehicle or combination of motor vehicles used in commerce
to transport passengers or property if the motor vehicle:
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;
Has a gross vehicle weight rating of 26,001 or more pounds;
Is designed top transport 16 or more passengers, including the driver;
or
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[1] and which require the motor vehicle to be placarded under the
Hazardous Material Regulations (USDOT 49 CFR Part 172, Subpart F).
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.
Federal or state criminal statute involving the manufacture, distribution,
dispensing, use or possession of any controlled substance.
Interchangeable use with the term "controlled substance." Unless
otherwise provided, "drug" refers to marijuana (THC), cocaine, opiates, phencyclidine
(PCP) and amphetamines (including methamphetamines).
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.
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.
Any period in which a driver is actually performing, ready to perform
or immediately able to perform any safety-sensitive function.
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.
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.
Any on-duty function as follows:
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.
All time inspecting equipment as required by the Federal Motor Carrier
Safety Regulations or otherwise inspecting, servicing or conditioning any
commercial motor vehicle.
All time spent at the driving controls of a commercial motor vehicle.
All time, other than driving time, spent on or in a commercial motor
vehicle.
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.
All time spent performing the driver requirements associated with an
accident.
All time repairing, obtaining assistance or remaining in attendance
upon a disabled vehicle.
Any time period an employee is required to be available to report
for duty to perform a safety-sensitive function.
An employee with responsibility for directing the work of other employees,
but not a coworker.
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.
[1]
Editor's Note: See 49 U.S.C. § 1801 et seq.
A.
Voluntary participation in treatment.
(1)
Employees in safety-sensitive functions who have drug
and/or alcohol abuse problems are encouraged to voluntarily seek treatment.
Treatment may be sought through the employer or independently by the employee
without employer involvement.
(2)
Employees may be able to avoid negative consequences
regarding their employment by seeking help to correct their substance abuse
problem.
B.
Prohibited conduct.
(1)
As a condition of employment, all covered employees are
prohibited from:
(a)
Reporting for duty or remaining on duty to perform safety-sensitive
functions while having an alcohol concentration of 0.04 or above.
(b)
Being on duty or operating a commercial motor vehicle
while in the possession of alcohol, unless the alcohol is manifested and transported
as part of a shipment. This includes the possession of medicine containing
alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.
(c)
Using alcohol while performing safety-sensitive functions.
(d)
Performing safety-sensitive functions within four hours
after using alcohol.
(e)
When required to take a postaccident alcohol test, using
alcohol within eight hours following the accident or prior to undergoing a
postaccident alcohol test, whichever comes first.
(f)
Reporting for duty or remaining on duty which may require
the performance of safety-sensitive functions when the driver distributes,
possesses or uses any controlled substance, except when the use is pursuant
to the instructions of a physician who has advised the driver that the substance
does not adversely affect the driver's ability to safely operate a commercial
motor vehicle. (NOTE: Covered employees shall provide notice of such therapeutic
use of controlled substances. Appropriate procedures shall be established
for reporting such information by employees and to protect the confidentiality
of such information pursuant to the requirements of the Americans with Disabilities
Act, 28 CFR Part 35.)
(g)
Reporting for duty or remaining on duty if the individual
tests positive for controlled substance(s).
(2)
No manager or supervisor having knowledge that a covered
employee is in violation of any of the above shall permit the employee to
perform or continue to perform safety-sensitive functions. Managers or supervisors
who fail to comply with their responsibilities will be subject to formal discipline,
up to and including removal.
(3)
Violation by any employee of any of the above prohibitions
is subject to disciplinary action, up to and including removal.
C.
Requirement of cooperation with collection and testing.
(1)
Each employee or individual with a conditional offer
of employment required to be tested for drugs pursuant to this policy must
provide adequate, valid, undiluted, unadulterated urine samples as requested,
must supply the information necessary to identify the samples (i.e., complete
paperwork and initial specimen) and otherwise cooperate with the collection
and testing procedures. Failure to provide such samples, without a valid medical
explanation, shall constitute refusal to cooperate.
(2)
Refusal to cooperate will result in immediate disciplinary
action. Any individual with a conditional offer of employment who refuses
to cooperate will not be hired.
D.
Circumstances under which during and/or alcohol testing
will be administered.
(1)
All testing as described below will be performed with
standardized equipment and certified laboratories in accordance with the procedures
established in 49 CFR Part 40, et al.
(2)
Additionally, nothing in this policy shall be construed
to authorize any delay in obtaining emergency medical treatment, where appropriate,
for a covered employee.
(3)
Individuals will be notified of all positive laboratory
results of any drug test and provided with an opportunity to discuss the results
with the medical review officer prior to a final determination and reporting
of the test results as positive.
(4)
Drug and/or alcohol testing will be administered as follows:
(a)
Preemployment.
[1]
All notices for employment opportunities requiring the
possession of a commercial driver's license for the performance of safety-sensitive
functions shall include notice of the requirement to undergo testing for controlled
substances upon the receipt of a conditional offer of employment. This includes
those notices issued by the New Jersey Department of Personnel, as well as
all job opportunities posted by Hampton Township.
[Amended 5-28-1996]
[a]
Postoffer for final applicants. All individuals receiving
conditional offers of employment for positions requiring the performance of
safety-sensitive functions will be required to undergo testing for controlled
substances before final employment is confirmed. This category includes but
is not limited to new employees, former employees returning to the Township
of Hampton service via reemployment lists, interim appointees and temporary
employees.
[b]
Movement of current employees. Current Township of Hampton
employees who are initially assigned or reassigned to a safety-sensitive function
in which service has not been rendered for six months or more are required
to be tested prior to starting work in the new function. This category includes
but is not limited to reassignments, temporary or interim appointments, demotions,
promotions, transfers and appointments resulting from reduction in force.
[2]
All individuals will be notified of the result of any
drug preemployment test that is positive.
[3]
An individual who tests positive for a controlled substance
will not be appointed.
(b)
Postaccident testing.
[1]
Following an accident involving a commercial motor vehicle,
employees shall be tested for alcohol and controlled substance use when:
[2]
Such testing shall be done as soon as practicable following
the accident, provided that:
[a]
Under no circumstances shall a postaccident test for
alcohol be administered beyond the eight-hour period immediately following
the accident; and
[b]
Under no circumstances shall a postaccident test for
controlled substances be administered beyond the thirty-two-hour period immediately
following the accident.
[3]
Under this type of testing, employees will be removed
immediately from the performance of safety-sensitive functions pending the
outcome of the test(s).
(c)
Random testing.
[1]
All employees covered by this policy will be subject
to random, unannounced drug and alcohol testing. Selection of employees will
be by a method employing a scientifically valid random number generation method
and objective, neutral criteria which ensure that every such employee has
an equal statistical chance of being selected each time.
[2]
All employees will be subject to testing only while on duty, as defined in § A141-4 herein. The testing frequency level shall be in conformance with the standards established by the Federal Highway Administration and published in the Federal Register on an annual basis.
[3]
Drivers who test positive for a controlled substance
and/or 0.04 or above for alcohol will be removed from safety-sensitive functions.
They must not return to duty requiring safety-sensitive functions until they
have been evaluated by a substance abuse professional and complied with any
treatment recommendations. Drivers who test at an alcohol concentration level
of 0.02 - 0.039 must be removed from safety-sensitive functions for 24 hours.
(d)
Reasonable suspicion testing.
[1]
Alcohol testing.
[a]
An on-duty employee shall be required to submit to an alcohol test when the supervisor has reasonable suspicion to believe the employee has violated § A141-5B, prohibited conduct, of this policy related to alcohol. The supervisor's determination that reasonable suspicion exists must be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.
[b]
Under no circumstances shall a test for alcohol under
these condition be administered beyond the eight-hour period immediately following
the supervisor's determination.
[2]
Controlled substance testing.
[a]
An on-duty employee shall be required to submit to a test for controlled substances when the supervisor has reasonable suspicion to believe the employee has violated § A141-5B, prohibited conduct, of this policy related to controlled substances. The supervisor's determination that reasonable suspicion exists must be passed upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The observations may include indications of the chronic and withdrawal effects of controlled substances.
[b]
The required observations for alcohol and/or controlled substances shall be made by a supervisor who has been trained in accordance with § A141-5E of this policy.
[d]
Under this type of testing, employees will be removed
immediately from the performance of safety-sensitive functions pending the
outcome of the tests.
(e)
Return-to-duty testing.
[1]
Before a covered employee returns to duty requiring the performance of safety-sensitive functions after engaging in conduct prohibited by § A141-5B of this policy concerning alcohol, the employee must undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.
[2]
Individuals who are given an opportunity for a second
alcohol test, as described above, and are still found to have alcohol concentration
of 0.02 or greater but less than 0.04, shall be subject to disciplinary action.
[3]
Before a covered employee returns to duty requiring the performance of safety-sensitive functions after engaging in conduct prohibited by § A141-5B of this policy concerning controlled substances, the employee must undergo a return-to-duty controlled substances test with a result indicating a verified negative result for controlled substance use.
(f)
Follow-up testing. When an employee is permitted to return
to duty requiring the performance of safety-sensitive functions, the employee
shall be subject to unannounced follow up alcohol and/or controlled substances
tests at least six times in the first 12 months following the return to duty.
Additional follow-up testing after the first year shall not exceed 60 months
from the date of the employee's return to duty. The number and frequency of
such follow-up testing shall be as directed by a substance abuse professional.
E.
Training. Persons designated to determine whether reasonable
suspicion exists to require an employee to undergo testing must receive at
least 60 minutes of training on alcohol misuse and receive at least an additional
60 minutes of training on controlled substances use. The training shall cover
the physical, behavioral, speech and performance indicators of probable alcohol
misuse and use of controlled substances.
F.
Confidentiality.
(1)
Information regarding a medical condition obtained in
the course of drug and alcohol testing must be treated as a confidential medical
record. Such information shall be collected and maintained on separate forms
and in medical files separate from the employee's personnel file.
(2)
The laboratory performing drug testing under this policy
shall report individual test results to the medical review officer (MRO) only.
The results shall not be disclosed by the laboratory to any other person other
than to the individual who provided the sample.
(3)
The MRO can release controlled substance test results
to the employer only after they have been confirmed positive and only after
the MRO has made all reasonable efforts to discuss the results with the individual
who provided the sample.
(4)
Statistical compilations, without individual identifiers,
may be made available to the public.
(5)
Any individual who is the subject of a drug test shall,
upon written request, have access to any records relating to his/her drug
test.
G.
Employee notification.
(1)
The Township of Hampton shall establish the necessary
operational procedures to implement this policy in accordance with the standards
established in 49 CFR Part 383, et al. and provide notice to all covered employees
by copy of the policy and an explanation of the procedures prior to implementing
any testing procedures.[2]
[2]
Editor's Note: The Township of Hampton Operational Procedures are
on file in the township offices.
(2)
All employees shall sign acknowledging the receipt of
the policy and an explanation of the procedures, and such receipt shall be
maintained in the employee's personnel file.
