[Added 12-23-1996 by Ord. No. 20-1996]
A.
This policy was developed in accordance with the following
federal rules and regulations which apply to the City of East Orange:
B.
Moreover, any employment action taken for violation
of the provisions of this policy shall be taken in accordance with
Title 11A of the New Jersey Statutes Annotated, Title 4A of the New
Jersey Administrative Code, and/or applicable collective bargaining
agreements and/or applicable local disciplinary procedures as outlined
in the City of East Orange Code.
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.
|
As used in this article, 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; or
Has a gross vehicle weight rating of 26,001
or more pounds; or
Is designed to 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, which require the motor vehicle to be
placarded under the Hazardous Materials 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, refers to marijuana (THC), cocaine, opiates,
phencyclidine (PCP) and amphetamines (including methamphetamine).
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.
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 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.
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, 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 City of East Orange, where official City business is conducted
or where job duties are performed.
A.
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. Employees may be able to avoid
negative consequences regarding their employment by seeking help to
correct their substance abuse problem.
B.
Prohibited conduct. As a condition of employment,
all covered employees are prohibited from:
(1)
Reporting for duty or remaining on duty to perform
safety-sensitive functions while having an alcohol concentration of
0.04 or above.
(2)
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.
(3)
Using alcohol while performing safety-sensitive functions.
(4)
Performing safety-sensitive functions within four
hours after using alcohol.
(5)
When required to take a post-accident alcohol test,
using alcohol within eight hours following the accident or prior to
undergoing a post-accident alcohol test, whichever comes first.
(6)
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.
C.
Testing required.
(1)
Post-offer for final applicants.
(a)
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
City of East Orange service via reemployment lists, interim appointees
and temporary employees.
(b)
Current City of East Orange 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 a reduction-in-force.
(c)
All individuals will be notified of the result
of any preemployment test that is positive. An individual who tests
positive for a controlled substance will not be appointed.
(2)
Post-accident testing.
(a)
Following an accident involving a commercial
motor vehicle, employees shall be tested for alcohol and controlled
substance use when:
(b)
Such testing shall be done as soon as practicable
following the accident, provided that:
[1]
Under no circumstances shall a post-accident
test for alcohol be administered beyond the eight-hour period immediately
following the accident; and
[2]
Under no circumstances shall a post-accident
test for controlled substance be administered beyond the thirty-two-hour
period immediately following the accident.
(c)
Under this type of testing, employees will be
removed immediately from the performance of safety-sensitive functions
pending the outcome of the test(s).
(3)
Random testing.
(a)
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 general method and objective, neutral criteria which
ensure that every such employee has an equal statistical chance of
being selected each time.
(b)
All employees will be subject to testing only while on duty, as defined in § 60-79 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.
(c)
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 to 0.039 must be removed
from safety-sensitive functions for 24 hours.
(4)
Reasonable suspicion testing.
(a)
Alcohol testing. 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 § 60-79, Policy, Subsection B, Prohibited conduct, 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. Under no circumstances shall a test for alcohol under these conditions be administered beyond the eight-hour period immediately following the supervisor's determination.
(b)
Controlled substance testing.
[1]
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 § 60-79B, Prohibited conduct, related to controlled substances. 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. The observation may include indications of the chronic and withdrawal effects of controlled substances.
[2]
The required observations for alcohol and/or controlled substances shall be made by a supervisor who has been trained in accordance with § 60-79D of this policy.
[3]
In all cases of reasonable suspicion testing,
supervisors shall be required to document their observations in a
standard manner as adopted in the Code of the City of East Orange's
Personnel Policies section.
[4]
Under this type of testing, employees will be
removed immediately from the performance of safety-sensitive functions
pending the outcome of the test(s).
(5)
Return-to-duty testing.
(a)
Before a covered employee returns to duty requiring the performance of safety-sensitive functions after engaging in conduct prohibited by § 60-79B 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.
(b)
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.
(c)
Before a covered employee returns to duty requiring the performance of safety-sensitive functions after engaging in conduct prohibited by § 60-79B of this policy concerning controlled substances, the employee must undergo a return-to-duty controlled substance test with a result indicating a verified negative result for controlled substance use.
(6)
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 substance 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.
D.
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
substance use. The training shall cover the physical, behavioral,
speech and performance indicators of probable alcohol misuse and use
of controlled substances.
E.
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 the individual who provided the sample.
(3)
Statistical compilations, without individual identifiers,
may be made available to the public.
(4)
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.
F.
Employee notification.
(1)
Each department within the City of East Orange shall
establish the necessary operational procedures to implement this policy
in accordance with the standards established in 49 CFR Parts 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)
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.
