[Added 11-13-1996 as Ord. No. 96-23]
Manalapan Township has a strong commitment to
the health, safety and welfare of its employees, their families and
its residents. Widely available statistics and information is increasing
and that the effect is devastating to lives, business and the community
at large. Manalapan Township is concerned that due to the potential
for abuse among some of our employees, the safety of our employees
and the general public could be endangered. Our commitment to maintaining
a safe and secure workplace requires a clear policy and supportive
programs relating to the detection, treatment and prevention of alcohol
and other drug abuse by employees.
A.
It is the goal of Manalapan Township to provide a
safe workplace by eliminating the hazards to health and job safety
created by alcohol and other drug abuse. We believe this goal to be
in the best interest of our employees and our residents.
B.
It is Manalapan Township's policy to achieve an alcohol
and drug-free work force and to provide a workplace that is free from
the use of alcohol, illegal drugs and controlled substance/prescription
medication abuse.
A.
This policy applies to all employees of Manalapan
Township while on the job and to situations where an employee's off-the-job
or off-premises conduct impairs work performance or undermines the
public's confidence in, or harms the reputation of, Manalapan Township.
B.
Although Manalapan Township has no intention of intruding
into the private lives of its employees, we recognize that involvement
with alcohol or other drugs off the job eventually takes its toll
on job performance. Our concern is to assure that employees report
to work in condition to perform their duties safely and efficiently
in the interest of their fellow workers and residents as well as themselves.
A.
Manalapan Township will not tolerate or condone alcohol
or other drug abuse. It is the policy of Manalapan Township to maintain
a workplace free from alcohol and other drug abuse and its effects.
B.
It is the policy of Manalapan Township that employees
who engage in the sale, use, possession, or transfer of illegal drugs
or controlled substances, or who offer to buy or sell such substances;
the use of alcohol prior to or during work hours; or the abuse of
prescribed drugs will be subject to disciplinary action up to and
including termination. Employees using prescribed medications that
may impair performance are required to inform their employer.
C.
Manalapan Township expects the full support of this
policy by all employees.
A.
As a responsible employer and member of the community,
Manalapan Township:
(1)
Create an awareness in employees and their families
of the impact of alcohol and other drug abuse and addiction.
(2)
Administer programs that consider employee rights,
are positive in their intent, and are within legal boundaries.
(3)
Recognize that there may be employees who have an
alcohol or other drug problem and stand willing to assist in the resolution
of that problem by encouraging employees to seek help through local
resources.
(4)
Utilize all channels and resources available to Manalapan
Township to educate and increase the awareness of employees.
B.
In addition, Manalapan Township may take any and all
of the following actions:
(1)
Conduct alcohol and other drug screening tests both
prior to and during employment when there is reasonable suspicion.
(2)
Inspect persons and their property in our employ or
doing business with Manalapan Township when there is reasonable suspicion.
(3)
Cooperate with outside law enforcement agencies.
(4)
Take any other actions deemed necessary and appropriate
by Manalapan Township.
Manalapan Township believes that each employee
has the responsibility to:
A.
Report to work and remain at work free of alcohol
or other drugs and their effects at all times.
B.
Operate Township vehicles both on and off the job
in a safe manner, which includes being free of alcohol or other drugs
and their effects at all times.
C.
Refrain from the manufacture, possession, distribution,
sale, dispensation, or use of illegal drugs on or off Township property.
D.
Participate in and support Township-sponsored alcohol
and other drug education and awareness programs.
E.
Seek and accept assistance for alcohol and other drug
abuse and addiction problems before job performance is affected.
F.
Support Manalapan Township efforts to eliminate alcohol
and other drug abuse among employees where it exists.
A.
The term "illegal drug" means drugs and controlled
substances, the possession or use of which is unlawful, pursuant to
federal, state, and local laws and regulations in the United States.
Drugs and controlled substances that are not legally obtainable, or
that are legally obtainable but have not been legally obtained, are
considered to be illegal drugs. The following is a partial list of
controlled substances:
B.
The term "controlled substance abuse" includes prescribed
drugs not being used for prescribed purposes or in a prescribed manner.
Manalapan Township's policy prohibits the following:
A.
Use, possession, manufacture, distribution, dispensation,
or sale of illegal drugs whether on or off Township premises and whether
during working or nonworking hours.
B.
Use, possession, sale, or distribution of alcohol,
or being under the influence of alcohol on Township premises, or in
Township-supplied vehicles, whether during working hours or nonworking
hours.
C.
Controlled substance abuse whether on or off Township
premises and whether during work hours or nonworking hours.
D.
Storing any illegal drug in a tool box, automobile
or other repository on Township premises.
E.
Being under the influence of an illegal drug or engaging
in controlled dangerous abuse on Township premises, or while engaged
in Township business or in Township-supplied vehicles, or during working
hours.
F.
Testing positive for illegal drugs or controlled substances
without a legal basis for use.
G.
Switching or adulterating any urine sample submitted
for testing, or submitting a false sample for testing.
H.
Refusing consent to testing or refusing to submit
a urine sample for testing when required by Manalapan Township.
I.
Failing, when requested by Manalapan Township, to
enroll in any alcohol or other drug treatment or counseling program
and failing to adhere to the requirements of the program.
J.
A reasonable suspicion of or conviction under any
criminal drug statute for a violation occurring in the workplace or
outside the workplace.
K.
Failing to notify Manalapan Township of any indictment
or conviction under any criminal drug statute within five days of
the event.
L.
Failing to comply with rules and regulations under
any testing programs maintained by Manalapan Township pursuant to
such rules and regulations.
A.
Manalapan Township reserves the right to establish
a testing program for alcohol, illegal drugs and controlled substances
for all employees in its sole discretion.
B.
Whenever Manalapan Township has reasonable suspicion
that an employee has used illegal drugs or engaged in controlled substance
abuse, whether during working hours or nonworking hours, on or off
Township premises, Manalapan Township may require the employee to
submit a urine or other acceptable sample for testing, as prescribed
by Manalapan Township.
C.
Manalapan Township will afford applicants and employees
subject to testing, the opportunity, prior to testing, to list all
prescription and nonprescription drugs and controlled substances they
have used and to explain the circumstances surrounding the use of
such drugs and controlled substances. Failure of any employee to establish
adequately a legal basis for the use of any drug or controlled substance
with respect to which the employee tests positive shall constitute
a violation of this policy.
D.
Manalapan Township, prior to taking any action, will
give all employees who test positive a second test and the opportunity
to explain in writing the test results. Failure of any employee to
establish adequately a legal basis for the use of any drug or controlled
substance with respect to which the employee tests positive shall
constitute a violation of this policy.
E.
Manalapan Township will establish and maintain any
and all additional testing programs and requirements that may be necessary
or appropriate to comply with applicable rules and regulations of
government agencies.
A.
Violations of this policy are subject to disciplinary
action up to and including termination.
B.
In addition to any disciplinary action, Manalapan
Township may, in its sole discretion, refer the employee to a treatment
or counseling program for illegal drug use or controlled substance
abuse. Employees referred to such a program by Manalapan Township
must immediately cease any use of alcohol, illegal drugs or controlled
substances. The employee must comply with all conditions of the treatment
or counseling program and disciplinary action. After successful completion
of all requirements of the section, employees may be subject to the
testing program.
C.
Manalapan Township will promptly terminate any employee
who tests positive for alcohol, illegal drug use, or controlled substance
abuse, unless the employee establishes a legal basis for the alcohol
or drug use while undergoing or after completion of treatment or counseling
for alcohol or other drug abuse, when such treatment or counseling
is required by Manalapan Township.
