Borough of Park Ridge, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Park Ridge 12-10-1996 by Ord. No. 96-22. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 40.
Parks and recreation areas — See Ch. 77A.
Tobacco — See Ch. 123.
The Mayor and Council approves and adopts the following regulations regarding alcohol, narcotic drugs and/or other controlled dangerous substances:
A. 
No alcoholic beverages, narcotic drugs and/or other controlled dangerous substances shall be brought onto, consumed, distributed, dispensed or manufactured within the confines of any of the Borough's municipal buildings, including its parks and recreational facilities.
B. 
The consumption and/or use of alcoholic beverages, narcotic drugs or any other controlled dangerous substances by any employee of the Borough during either regular or overtime hours and lunch hours is strictly forbidden if said person carries a weapon or operates a motor vehicle or machinery as part of their duties.
C. 
No alcoholic beverages, narcotic drugs and/or other controlled dangerous substances shall be carried, transported or consumed within any vehicle or truck or on any equipment under the jurisdiction of the Borough.
D. 
The operation and/or maintenance of any vehicles and/or equipment by any employee who may be under the influence of alcohol, narcotic drugs and/or other controlled dangerous substances to any degree whatsoever is expressly forbidden. This prohibition covers any employee who may report to work in an intoxicated fashion or is found to be under the influence of narcotic drugs and/or any other controlled dangerous substances. The operation and use of vehicles and equipment includes but shall not be limited to any automobiles, trucks of whatever size or character, snowplow and spreader equipment, chain saws, power tools, lawn mowers, recycling equipment and any other equipment used and operated by the Department of Public Works or Police Department.
E. 
Nature and type of drug testing to be instituted. The Borough of Park Ridge plan includes the following types of drug testing:
(1) 
Applicant testing.
(2) 
Random testing of those employees in sensitive positions that have been designated as "testing designated positions."
(3) 
Reasonable suspicion testing.
(4) 
Accident or unsafe practice testing.
(5) 
Voluntary testing.
(6) 
Testing as part of or as a follow-up to counseling or rehabilitation.
F. 
Drugs for which individuals are tested. The Borough of Park Ridge will test for the following drugs: marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP), as well as alcohol.
G. 
Scope. This chapter shall be effective immediately for all Borough of Park Ridge employees.
H. 
Union cooperation. The active participation and support of labor organizations can contribute to the success of this program. The Mayor and Council will seek ways in which recognized bargaining unit representatives might assist in program implementation, such as in acquainting employees with rehabilitation facilities and be enhancing employee confidence in the program. The Mayor and Council will continue to observe agreements already reached and will include union representatives in general orientation programs.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any individual tentatively selected:
A. 
For employment with the Borough of Park Ridge; or
B. 
For a testing designated position and who has not, immediately prior to the selection, been subject to random testing.
EMPLOYEE ASSISTANCE PROGRAM (EAP)
The Borough of Park Ridge based counseling program that offers assessment, short-term counseling and referral services to employees for a wide range of drug, alcohol and mental health problems and monitors the progress of employees while in treatment.
EMPLOYEES ASSISTANCE PROGRAM ADMINISTRATOR
The individual designated by the Mayor and Council to be responsible for ensuring the development, implementation and review of the Borough EAP.
MEDICAL REVIEW OFFICER
The individual responsible for receiving laboratory results generated from the Borough of Park Ridge Drug-Free Workplace Program who is a licensed physician with knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluate all positive test results together with an individual's medical history and any other relevant biomedical information.
ILLEGAL DRUGS
A controlled substance included in Schedule I or II, as defined by Section 802(6) of Title 21 of the Unites States Code, the possession of which is unlawful under Chapter 13 of that Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law. For the purposes of this chapter, illegal drugs shall include alcohol.
RANDOM TESTING
A system of drug testing imposed without individualized suspicion that a particular individual is using illegal drugs and may either be:
A. 
Uniform unannounced testing of designated testing employees occupying a specified area, element or position; or
B. 
A statistically random sampling of such employees based on a neutral criterion, such as social security numbers.
A. 
Employees in positions designated by the Mayor and Council as "special sensitive," "critical sensitive" or "noncritical sensitive" under Chapter 7631 of the Federal Personnel Manual or employees in positions designated by the Mayor and Council as "sensitive" in accordance with Executive Order No. 10450, as amended.
B. 
Employees granted access to classified information or who may be granted access to classified information pursuant to a determination of trustworthiness by the Mayor and Council under Section 4 of Executive Order No. 12356.
C. 
Law enforcement officers.
D. 
Other positions that the Mayor and Council determines involve law enforcement, the protection of life and property, public health or safety or other functions requiring a high degree of trust and confidence.
SUPERVISOR
An employee having authority to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline or remove other employees, to adjust their grievances or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment. [5 U.S.C. § 7103(a)(10)]
TESTING DESIGNATED POSITIONS (TDPS)
Employment positions within the Borough of Park Ridge which have been designated for random testing under the definition of "random testing" of this chapter.
VERIFIED POSITIVE TEST RESULT
A test result that was positive on an initial FDA approved immunoassay test, confirmed by a gas chromatography/mass spectrometry assay (or other confirmatory tests approved by the Department of Health and Human Services) and reviewed and verified by the Medical Review Officer in accordance with this plan and the Mandatory Guidelines for Federal Workplace Drug Testing Programs.
A. 
Function. The Borough of Park Ridge's EAP plays an important role in preventing and resolving employee alcohol and drug use by demonstrating the Borough's commitment to eliminating alcohol and illegal drug use; providing employees an opportunity, with appropriate assistance, to discontinue their alcohol or drug use; providing educational materials to supervisors and employees on drug use issues; assisting supervisors in confronting employees who have performance and/or conduct problems and making referrals to appropriate treatment and rehabilitative facilities; and following up with individuals during the rehabilitation period to track their progress and encourage successful completion of the program. The EAP, however, shall not be involved in the collection of urine samples or the initial reporting of test results. Specifically, the EAP shall:
(1) 
Provide counseling and assistance to employees who self-refer for treatment or whose alcohol or drug tests have been verified positive and monitor employees' progress through treatment and rehabilitation.
(2) 
Provide needed education and training to all levels of the Borough on types and effects of alcohol and drugs, symptoms of drug use and its impact on performance and conduct, relationship of the EAP to drug testing and related treatment, rehabilitation and confidentiality issues.
(3) 
Ensure that confidentiality of test results and related medical treatment and rehabilitation records is maintained in accordance with this chapter.
B. 
Referral and availability. Any employee found to be using alcohol or drugs shall be referred to the EAP. The EAP shall be administered separately from the testing program and shall be available to all employees without regard to a finding of drug use. The EAP shall provide counseling or rehabilitation for all referrals, as well as education and training regarding alcohol and illegal drug use. The EAP is available not only to Borough employees but, when feasible, to the families of employees with drug problems and to employees with family members who have drug problems. In the event that the employee is not satisfied with the program of treatment or rehabilitation, such employee may seek review prior to completion of the program. The decision of the EAP Administrator shall be final and shall not be subject to further administrative review. Regardless of the treatment program chosen, the employee remains responsible for successful completion of the treatment, and assertions that the counselor failed to consider one or more of the factors and policies expressed in this chapter and in § 12-6C(5) in making a referral shall not constitute either an excuse for continuing to use illegal drugs or a defense to disciplinary action if the employee does not complete treatment.
C. 
Leave allowance. Employees shall be allowed up to one hour (or more as necessitated by travel time) of excused absence for each counseling session, up to a maximum of four hours, during the assessment/referral phase of rehabilitation. Absences during duty hours for rehabilitation treatment must be charged to the appropriate leave category in accordance with law and leave regulations.
D. 
Record and confidentiality. All EAP operations shall be confidential in accordance with § 12-14 of this plan relating to records and confidentiality.
E. 
Structure. The Personnel Administrator shall be responsible for oversight and implementation of the Borough EAP and will provide, with the support of the Mayor and Council, high-level direction and promotion of the EAP.
A. 
Objectives. As supervisors have a key role in establishing and monitoring an alcohol and drug-free workplace, the Borough of Park Ridge shall provide training to assist supervisors in recognizing and addressing illegal drug use by Borough employees. The purpose of supervisory training is to understand:
(1) 
Agency policies relevant to work performance problems, alcohol or drug use and the Borough EAP.
(2) 
The responsibilities of offering EAP services.
(3) 
How employee performance and behavioral changes should be recognized and documented.
(4) 
The roles of the Medical Review Officer, medical staff, supervisors, personnel and the EAP personnel.
(5) 
The ways to use the Borough EAP.
(6) 
How the EAP is linked to the performance appraisal and the disciplinary process.
(7) 
The process of reintegrating employees into the workplace.
B. 
Implementation. The Personnel Administrator shall be responsible for implementing supervisory training and shall develop a training package to ensure that all employees and supervisors are fully informed of the Borough's Alcohol and Drug-Free Workplace Plan.
C. 
Training package. Supervisory training shall be required of all supervisors and may be presented as a separate course or be included as part of an ongoing supervisory training program. Training shall be provided as soon as possible after a person assumes supervisory responsibility. Training courses should include:
(1) 
Overall agency policy.
(2) 
The prevalence of various employee problems with respect to drugs and alcohol.
(3) 
The EAP approach to handling problems, including the supervisors role and relationship to the EAP.
(4) 
How to recognize employees with possible problems.
(5) 
Documentation of employee performance or behavior.
(6) 
Skills in confronting employees with possible problems.
(7) 
Agency procedures for referring employees to the EAP.
(8) 
Disciplinary action and removals from sensitive positions as required by Section 5(c) of the Executive Order.
(9) 
Reintegration of employees into the workforce.
(10) 
Written materials which the supervisor can use at the work site.
A. 
Objectives. The EAP Administrator shall offer alcohol and drug education to all Borough employees. During education should include education and training to all levels of the Borough of Park Ridge on:
(1) 
Types and effects of drugs.
(2) 
Symptoms of alcohol and drug use and the effects on performance and conduct.
(3) 
The relationship of the EAP to drug testing.
(4) 
Other relevant treatment, rehabilitation and confidentiality issues.
B. 
Means of education. The means of education shall be as follows:
(1) 
Distribution of written materials.
(2) 
Videotapes.
(3) 
Lunchtime employee forums.
(4) 
Employee alcohol and drug awareness days.
A. 
Alcohol and Drug Program Coordinator. The Borough of Park Ridge shall have an Alcohol and Drug Program Coordinator assigned to carry out the purposes of this plan. The Alcohol and Drug Program Coordinator shall be responsible for implementing, directing, administering and managing the alcohol and drug program within the Borough. The Alcohol and Drug Program Coordinator shall serve as the principal contact with the laboratory and for collection activities in assuring the effective preparation of the testing portion of the program. In carrying out his or her responsibilities, the Alcohol and Drug Program Coordinator shall, among other duties:
(1) 
Arrange for all testing authorized under this order.
(2) 
Ensure that all employees subject to random testing receive individual notice as described in § 12-7B of this plan prior to implementation of the program and that such employees return a signed acknowledgment of receipt form.
(3) 
Document, through written inspection reports, all results of laboratory inspections conducted.
(4) 
Coordinate with and report to the Mayor and Council on Alcohol and Drug Program Coordinator activities and findings that may affect the reliability or accuracy of laboratory results.
(5) 
In coordination with the EAP Administrator, publicize and disseminate drug program educational materials and oversee training and education sessions regarding drug use and rehabilitation.
(6) 
Coordinate all Alcohol and Drug Program Coordinator duties in field offices, wherever possible, to conserve resources and to efficiently and speedily accomplish reliable and accurate testing objectives.
B. 
Employee Assistance Program Administrator. The EAP Coordinator shall:
(1) 
Implement and operate the EAP within the Borough component assigned to the coordinator.
(2) 
Provide counseling and treatment services to all employees referred to the EAP by their supervisors or on self-referral and otherwise offer employees the opportunity for counseling and rehabilitation.
(3) 
Coordinate with the Mayor and Council, the Medical Review Officer and supervisors, as appropriate.
(4) 
Work with the Alcohol and Drug Program Coordinator to provide educational materials and training to managers, supervisors and employees on illegal drugs in the workplace.
(5) 
Assist supervisors with performance and/or personnel problems that may be related to illegal drug use.
(6) 
Monitor the progress of referred employees during and after the rehabilitation period and provide feedback to supervisors in accordance with CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records.
(7) 
Ensure that the training is provided to assist supervisors in the recognition and documentation of facts and circumstances that support a reasonable suspicion that an employee may be using illegal drugs.
(8) 
Maintain a list of rehabilitation or treatment organizations which provide counseling and rehabilitative programs and include the following information on each organization:
(a) 
Name, address and phone number.
(b) 
Types of services provided.
(c) 
Hours of operation, including emergency hours.
(d) 
The contact person's name and phone number.
(e) 
Fee structure, including insurance coverage.
(f) 
Client specialization.
(g) 
Other pertinent information.
(9) 
Periodically visit rehabilitative or treatment organizations to meet administrative and staff members, tour the site and ascertain the experience, certification and educational level of staff and the organization's policy concerning progress reports on clients and posttreatment follow-up.
C. 
Employee assistance counselors. The employee assistance counselors shall:
(1) 
Serve as the initial point of contact for employees who ask or are referred for counseling.
(2) 
Be familiar with all applicable law and regulations, including drug treatment and rehabilitation insurance coverage available to employees through the Federal Health Benefits Program.
(3) 
Meet the qualifications as determined by the EAP Administrator and be trained in counseling employees in the occupational setting and in identifying drug use.
(4) 
Document and sign the treatment plan prescribed for all employees referred for treatment, after obtaining the employee's signature on this document.
(5) 
In making referrals, consider the:
(a) 
Nature and severity of the problem.
(b) 
Location of the treatment.
(c) 
Cost of the treatment.
(d) 
Intensity of the treatment environment.
(e) 
Availability of the inpatient/outpatient care.
(f) 
Other special needs, such as transportation and child care.
(g) 
The preferences of the employee.
D. 
Medical Review Officer. The Borough of Park Ridge shall have a Medical Review Officer assigned to carry out the purposes of this order. The Medical Review Officer shall, among other duties:
(1) 
Receive all laboratory test results.
(2) 
Assure that an individual who has tested positive has been afforded an opportunity to discuss the test result.
(3) 
Consistent with confidentiality requirements, refer written determinations regarding all verified positive test results to the EAP Administrator, including a positive drug test result form indicating that the positive result has been verified, together with all the relevant documentation and a summary of findings.
(4) 
Confirm with the appropriate personnel official whether an individual who has been tentatively selected for employment with the Borough has obtained a verified positive test result.
(5) 
Coordinate with and report to the Mayor and Council on all activities and findings on a regular basis.
E. 
Supervisors. Supervisors will be trained to recognize and address alcohol and illegal drug use by employees and will be provided information regarding referral of employees to the EAP, procedures and requirements for drug testing and behavioral patterns that give rise to a reasonable suspicion that an employee may be using illegal drugs. Except as modified by the Mayor and Council to suit specific program responsibilities, first-line supervisors shall:
(1) 
Attend training sessions on alcohol and illegal drug use in the workplace.
(2) 
Initiate a drug test based on reasonable suspicion as described in § 12-10.
(3) 
Refer employees to the EAP for assistance in obtaining counseling and rehabilitation upon a finding of illegal drug use.
(4) 
Initiate appropriate disciplinary action upon a finding of illegal drug use.
(5) 
In conjunction with personnel specialists, assist higher level supervisors and the EAP Administrator in evaluating employee performance and/or personnel problems that may be related to illegal drug use. A higher level supervisor shall review and concur, in advance, with all tests ordered on the basis of a reasonable suspicion in accordance with § 12-10.
F. 
Implementation. Each department shall implement the Drug-Free Workplace Plan and ensure that the plan is efficiently and effectively accomplished in accordance with this order and all other applicable regulations.
G. 
Government contractors. Wherever existing facilities are inadequate to implement this order, the Medical Review Officer shall ensure that contract laboratories chosen to perform the drug screening tests are duly certified according to Subpart C of the Mandatory Guidelines for Federal Workplace Drug Testing Programs and that any other contracts to implement this order conform to the technical specifications of the Mandatory Guidelines.
A. 
A general notice from the Mayor and Council announcing the testing program, as required by the Executive Order, Section 4(a), will be provided to all employees no later than 60 days prior to the implementation date of the plan outlining:
(1) 
The purpose of the Alcohol and Drug-Free Workplace Plan.
(2) 
That the plan will include both voluntary and mandatory testing.
(3) 
That those who hold positions selected for random testing will also receive an individual notice, prior to the commencement of the testing, indicating that their position has been designated a "testing designated position."
(4) 
The availability and procedures necessary to obtain counseling and rehabilitation through the EAP.
(5) 
The circumstances under which testing may occur.
(6) 
That opportunity will be afforded to submit medical documentation of lawful use of an otherwise illegal drug.
(7) 
That the laboratory assessment is a series of tests which are highly accurate and reliable and that, as an added safeguard, laboratory results are reviewed by the Medical Review Officer.
(8) 
That positive test results verified by the Medical Review Officer may only be disclosed to the employee, the appropriate EAP Administrator, the appropriate management officials necessary to process an adverse action against the employee or a court of law or administrative tribunal in any adverse personnel action.
(9) 
That all medical and rehabilitation records in an EAP will be deemed confidential patient records and may not be disclosed without the prior written consent of the patient and an authorizing court order or otherwise as permitted by federal law implemented at 42 CFR 2.
B. 
Individual notice. In addition to the information provided in the general practice, an individual notice will be distributed to all employees in testing designated positions explaining:
(1) 
That the employee's position has been designated a "testing designated position."
(2) 
That the employee will have the opportunity to voluntarily admit to being a user of illegal drugs and to receive counseling or rehabilitation.
(3) 
That the employee's position will be subject to random testing no sooner than 30 days following the notice.
C. 
Signed acknowledgment. Each employee in a testing designated position shall be asked to acknowledge, in writing, that the employee has received and read the notice which states that the employee's position has been designated for random drug testing and that refusal to submit to testing shall result in initiation of disciplinary action up to and including dismissal. If the employee refuses to sign the acknowledgment, the employee's supervisor shall note on the acknowledgment form that the employee received the notice. This acknowledgment, which is advisory only, shall be centrally collected for easy retrieval by the supervisor. An employee's failure to sign the notice shall not preclude testing of that employee or otherwise affect the implementation of this order since the general sixty-day notice will previously have notified all agency employees of the requirement to be drug-free.
D. 
Administrative relief. If an employee believes his or her position has been wrongly designated a "testing designated position," that employee may file an administrative appeal to the Mayor and Council which has authority to remove the employee from the testing designated position list. The appeal must be submitted by the employee, in writing, to the Mayor and Council within 15 days of notification setting forth all relevant information. The Mayor and Council shall review the appeal based upon the criteria applied in designating that employee's position as a testing designated position.
A. 
Determination. An employee may be found to use alcohol or illegal drugs on the basis of any appropriate evidence, including, but not limited to:
(1) 
Direct observation.
(2) 
Evidence obtained from an arrest or criminal conviction.
(3) 
A verified positive test result.
(4) 
An employee's voluntary admission.
B. 
Mandatory Administrative Actions. The Borough of Park Ridge shall refer an employee found to use alcohol or illegal drugs to the EAP and, if the employee occupies a sensitive position, immediately remove the employee from that position without regard to whether it is a testing designated position. At the discretion of the Mayor and Council, however, and as part of an EAP, an employee's return would not endanger public health or safety or national security.
C. 
Range of consequences. Disciplinary action taken against an employee found to use alcohol or illegal drugs may include the full range of disciplinary actions, including removal. The severity of the action chosen will depend on the circumstances of each case and will be consistent with the Executive Order. The Borough of Park Ridge shall initiate disciplinary action against any employee found to use illegal drugs but shall not discipline an employee who voluntarily admits to illegal drug use in accordance with § 12-8F of this chapter. Such disciplinary action, consistent with the requirements of any governing collective bargaining agreement and other ordinances and regulations, may include any of the following measures, but some disciplinary actions must be initiated:
(1) 
Reprimanding the employee, in writing.
(2) 
Placing the employee in an enforced leave status.
(3) 
Suspending the employee for 14 days or less.
(4) 
Suspending the employee for 15 days or more.
(5) 
Suspending the employee until the employee successfully completes the EAP or until the Borough of Park Ridge determines that action other than suspension is more appropriate.
(6) 
Terminating the employee from employment.
D. 
Initiation of mandatory removal from service.
(1) 
The Borough of Park Ridge shall initiate action to remove an employee for:
(a) 
Refusing to obtain counseling or rehabilitation through an EAP as required by the Executive Order after having been found to use illegal drugs.
(b) 
Not refraining from illegal drug use after a first finding of such use.
(2) 
All letters to propose and decide on a separation action should be worked out in consultation with the Personnel Administrator.
E. 
Refusal to take an alcohol or drug test when required. An employee who refuses to be tested when so required will be subject to the full range of disciplinary action, including dismissal. No applicant who refuses to be tested shall be extended an offer of employment. Attempts to alter or substitute the specimen provided will be deemed a refusal to take the drug test when required.
F. 
Voluntary referral.
(1) 
Under Executive Order No. 12564, the Borough is required to initiate action to discipline any employee found to use illegal drugs in every circumstance, except that such discipline is not required for an employee who:
(a) 
Voluntarily admits his or her drug use.
(b) 
Completes counseling or an EAP.
(c) 
Thereafter refrains from drug use.
(2) 
Because the order permits an agency to create a safe harbor for an employee who meets all three of these conditions, the Borough has decided to create such a safe harbor and will not initiate disciplinary action against employees who satisfy the provisions of this section.
(3) 
A fundamental purpose of the Borough of Park Ridge's Drug-Free Workplace Plan is to assist employees who themselves are seeking treatment for drug use. For this reason, the Borough of Park Ridge will not initiate disciplinary action against any employee who meets all three of these conditions:
(a) 
Voluntarily identifies himself/herself as a user of illegal drugs prior to being identified by other means.
(b) 
Obtains counseling or rehabilitation through an EAP.
(c) 
Thereafter refrains from using illegal drugs.
(4) 
This self-referral option allows any employee to step forward and identify himself/herself as an illegal drug user for the purpose of entering a drug treatment program under the EAP. In stepping forward and consistent with § 12-8F, an employee may volunteer for a drug test as a means of identification. Although this self-identification test may yield a verified positive test result, such result shall not subject an employee to discipline assuming the three safe harbor requirements are met.
(5) 
Since the key to this provision's rehabilitative effectiveness is an employee's willingness to admit his or her problem, this provision is not available to an employee who requests protection under this provision after:
(a) 
Being asked to provide a urine sample in accordance with this plan.
(b) 
Having been found to have used illegal drugs pursuant to this chapter.
A. 
Sensitive positions designated for random testing. The Executive Order requires random testing for employees in sensitive positions, subject to Borough criteria. As specified in the definition of "employees in sensitive positions" of this chapter, the Mayor and Council has determined that some of these sensitive positions are testing designated positions subject to random testing. The position titles designated for random drug testing are listed in the definition of "employees in sensitive positions," along with the criteria and procedures applied in designating such positions for drug testing, including justification for such criteria and procedures.
B. 
Determining the testing designated position.
(1) 
Among the factors the Mayor and Council has considered in designating a testing designated position is the extent to which the Borough of Park Ridge has positions which:
(a) 
Authorize employees to carry firearms.
(b) 
Give employees access to sensitive information.
(c) 
Authorize employees to engage in law enforcement.
(d) 
Require employees to engage in activities affecting public health or safety.
(2) 
These positions are characterized by critical safety or security responsibilities. The job functions associated with the positions protect life and property or law enforcement. These positions are identified for random testing because they require the highest degree of trust and confidence. The Mayor and Council reserves the right to add or delete positions determined to be testing designated positions pursuant to the criteria established in the Executive Order and this plan. Moreover, the Mayor and Council has determined, pursuant to 42 U.S.C. § 290ee-1(b)(2)(B), that all positions which have been or will be designated as testing designated positions under this plan are sensitive positions and are therefore exempted from coverage under 42 U.S.C. § 290ee-1(b).
C. 
Implementing random testing.
(1) 
In implementing the program of random testing the Drug Program Coordinator shall:
(a) 
Ensure that the means of random selection remains confidential.
(b) 
Evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfy the Borough of Park Ridge's duty to achieve a drug-free work force.
(2) 
The number of sensitive employees occupying testing designated positions and the frequency with which random tests will be administered are specified in the definition of "employees in sensitive positions."
D. 
Notification of selection. An individual selected for random testing and the individual's first-line supervisor shall be notified the same day the test is scheduled, preferably within two hours of the scheduled testing. The supervisor shall explain to the employee that the employee is under no suspicion of taking drugs and that the employee's name was selected randomly.
E. 
Deferral of testing.
(1) 
An employee selected for random drug testing may obtain a deferral of testing if the employee's first-line and higher level supervisors concur that a compelling need necessitates a deferral on the grounds that the employee is:
(a) 
In a leave status (sick, administrative or leave without pay).
(b) 
In official travel status away from the test site or is about to embark on official travel scheduled prior to testing notification.
(2) 
An employee whose random drug test is deferred will be subject to an unannounced test within the following 60 days.
A. 
Grounds.
(1) 
Reasonable suspicion testing may be based upon, among other things:
(a) 
Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug;
(b) 
A pattern of abnormal conduct or erratic behavior;
(c) 
Arrest or conviction for a drug-related offense or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking;
(d) 
Information provided either by reliable and credible sources or independently corroborated; or
(e) 
Newly discovered evidence that the employee has tampered with a previous drug test.
(2) 
Although reasonable suspicion testing does not require certainty, mere hunches are not sufficient to meet this standard.
B. 
Procedures. If an employee is suspected of using illegal drugs, the appropriate supervisor will gather all information, facts and circumstances leading to and supporting this suspicion and report the same to that supervisor's immediate supervisor. When high-level concurrence of a reasonable suspicion determination has been made, the appropriate supervisor will promptly prepare a written report detailing the circumstances which formed the basis to warrant the testing. This report should include the appropriate dates and times of reported drug-related incidents, reliable/credible sources of information, rationale leading to the test and the action taken.
C. 
Obtaining the sample. The employee may be asked to provide the urine sample under observation in accordance with this chapter.
D. 
Supervisory training. In accordance with § 12-4, supervisors will be trained to address illegal drug use by employees, to recognize facts that give rise to reasonable suspicion and to document facts and circumstances to support a finding of reasonable suspicion. Failure to receive such training, however, shall not invalidate otherwise proper reasonable suspicion testing.
A. 
Objectives. To maintain the high professional standards of the Borough of Park Ridge work force, it is imperative that individuals who use illegal drugs be screened out during the initial employment process before they are placed on the employment rolls of the Borough. This procedure will have a positive effect on reducing instances of illegal drug use by employees working within the Borough of Park Ridge and will provide for a safer working environment; for these reasons, drug testing shall be required of all applicants as defined in this chapter.
B. 
Vacancy announcements.
(1) 
Every vacancy announcement for positions designated for applicant testing shall state:
"All applicants tentatively selected for this position will be required to submit to urinalysis to screen for illegal drug use prior to appointment."
(2) 
In addition, each applicant will be notified that appointment to the position will be contingent upon a negative drug test result. Failure of the vacancy announcement to contain this statement notice will not preclude applicant testing if advance written notice is provided applicants in some other manner.
C. 
Procedures. The Alcohol and Drug Program Coordinator shall direct applicants to an appropriate collection facility. The drug test must be undertaken as soon after notification as possible and no later than 48 hours after notice to the applicant. Where appropriate, applicants may be reimbursed for reasonable travel expenses. Applicants shall be advised of the opportunity to submit medical documentation that may support a legitimate use for a specific drug and that such information will be reviewed only by the Medical Review Officer to determine whether the individual is licitly using an otherwise illegal drug.
D. 
Personnel officials. Upon notification that an individual has been tentatively selected for employment with the Borough of Park Ridge, the Personnel Administrator shall assure, after consultation with the Medical Review Officer, that a drug test has been conducted on that individual and determine whether the test result is a verified positive result.
E. 
Consequences. The Borough of Park Ridge will decline to extend a final offer of employment to any applicant with a verified positive test result, and such applicant may not reapply to the Borough of Park Ridge for a period of six months. The Personnel Administrator working on the applicant's certificate shall be directed to object to the applicant on the basis of failure to pass the physical, a lack of personal characteristics necessary to relate to public employment or failure to support the goals of the Borough of Park Ridge. The Borough of Park Ridge shall inform such applicant that a confirmed presence of an illegal drug in the applicant's urine precludes the Borough of Park Ridge from hiring the applicant.
A. 
Accident or unsafe practice testing. The Borough of Park Ridge is committed to providing a safe and secure work environment. Employees involved in on-the-job accidents or who engage in unsafe on-duty job-related activities that pose a danger to others or the overall operation of the Borough of Park Ridge may be subject to testing. Based on the circumstances of the accident or unsafe act, the department head may initiate testing when such circumstances involve:
(1) 
Death or personal injury requiring immediate hospitalization; or
(2) 
Damage to government or private property in excess of $1,000.
B. 
Voluntary testing. In order to demonstrate their commitment to the Borough of Park Ridge's goal of a drug-free workplace and to set an example for other Borough employees, employees not in testing designated positions may volunteer for unannounced random testing by notifying the Drug Program Coordinator. These employees will then be included in the pool of testing designated positions subject to random testing and be subject to the same conditions and procedures. Volunteers shall remain in the testing designated positions pool until they withdraw from participation by notifying the Drug Program Coordinator of such intent at least 48 hours prior to a scheduled test.
C. 
Follow-up testing. All employees referred through administrative channels who undergo a counseling or rehabilitation program for illegal drug use through the EAP will be subject to unannounced testing following completion of such a program for a period of one year. Such employees shall be tested at the frequency stipulated in the abeyance contract or, in the alternative, at an increased frequency of once a month. Such testing is distinct from testing which may be imposed as a component of the EAP.
A. 
Mandatory Guidelines for Federal Workplace Drug Testing. The Borough of Park Ridge shall adhere to the Mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by the Department of Health and Human Services consistent with the authority granted by Executive Order No. 12564 and to the requirements of Section 503 of the Act. The Borough of Park Ridge's drug testing component shall have professionally trained collection personnel, quality assurance requirements for urinalysis procedures and strict confidentiality requirements.
B. 
Privacy assured. Any individual subject to testing under this plan shall be permitted to provide urine specimens in private and in a rest room stall or similar enclosure so that the employee is not observed while providing the sample. Collection site personnel of the same gender as the individual tested, however, may observe the individual provide the urine specimen when such personnel have reason to believe the individual may alter or substitute the specimen to be provided. Collection site personnel may have reason to believe that a particular individual may alter or substitute the specimen to be provided when:
(1) 
The individual:
(a) 
Is being tested pursuant to § 12-10 relating to reasonable suspicion testing;
(b) 
Has previously been found by the Borough of Park Ridge to be an illegal drug user; or
(c) 
Has previously tampered with a sample; or
(2) 
Facts and circumstances suggest that the individual:
(a) 
Is an illegal drug user;
(b) 
Is under the influence of drugs at the time of the test; or
(c) 
Has equipment or implements capable of tampering with or altering urine samples; or
(3) 
The specimen:
(a) 
Has a temperature outside the range of 32.5° C to 37.7° C/90.5° F to 99.8° F; or
(b) 
Shows signs of contaminants.
C. 
Failure to appear for testing. Failure to appear for testing without deferral will be considered refusal to participate in testing and will subject an employee to the range of disciplinary actions, including dismissal, and for an applicant to the cancellation of an offer of employment. If an individual fails to appear at the collection site at the assigned time, the collector shall contact the Drug Program Coordinator to obtain guidance on action to be taken.
D. 
Opportunity to justify a positive test result.
(1) 
When a confirmed positive result has been returned by the laboratory, the Medical Review Officer shall perform the duties set forth in the Mandatory Guidelines. For example, the Medical Review Officer may choose to conduct employee medical interviews, review employee medical history or review any other relevant biomedical factors. The Medical Review Officer must review all medical records made available by the tested employee when a confirmed positive test could have resulted from legally prescribed medication. Evidence to justify a positive test result may include but is not limited to:
(a) 
A valid prescription; or
(b) 
A verification from the individuals physician verifying a valid prescription.
(2) 
Individuals are not entitled, however, to present evidence to the Medical Review Officer in a trial-type administrative proceeding, although the Medical Review Officer has the discretion to accept evidence in any manner. If the Medical Review Officer determines there is no justification for the positive result, such result will then be considered a verified test result. The Medical Review Officer shall immediately contact the EAP Administrator and appropriate management official upon obtaining a verified positive test result.
E. 
Employee counseling and assistance. While participating in a counseling or rehabilitation program and at the request of the program, the employee may be exempted from the random testing designated positions pool for a period not to exceed 60 days or for a time period specified in an abeyance contract or rehabilitation plan approved by the Mayor and Council. Upon completion of the program, the employee immediately shall be subject to follow-up testing pursuant to this chapter.
F. 
Savings clause. To the extent that any of the procedures specified in this section are inconsistent with any of those specified in the Mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by the Department of Health and Human Services, or any subsequent amendment thereto, such Mandatory Guidelines or amendment shall supersede the procedures specified in this section, but only to the extent of the inconsistency.
A. 
Confidentiality of test results.
(1) 
The laboratory may disclose laboratory test results only to the Medical Review Officer or the staff of the Medical Review Officer. Any positive test result which the Medical Review Officer justified by acceptable and appropriate medical or scientific documentation to account for the result as other than the intentional ingestion of an illegal drug will be treated as a negative test result and may not be released for purposes of identifying illegal drug use. Test results will be protected under the provisions of the Privacy Act, 5 U.S.C. § 552a et seq. and Section 503(e) of the Act and may not be released in violation of either act. The Medical Review Officer may maintain only those records necessary for compliance with this order. Any records of the Medical Review Officer, including drug test results, may be released to any management official for purposes of auditing the activities of the Medical Review Officer, except that the disclosure of the results of any audit may not include personal identifying information on any employee. In order to comply with Section 503(e) of the Act, the results of a drug test of a Borough employee may not be disclosed without the prior written consent of such employee, unless the disclosure would be:
(a) 
To the Medical Review Officer;
(b) 
To the EAP Administrator in which the employee is receiving counseling or treatment or is otherwise participating;
(c) 
To any supervisory or management official within the Borough of Park Ridge having authority to take adverse personnel action against such employee; or
(d) 
Pursuant to the order of a court of competent jurisdiction or where required by the United States government to defend against any adverse personnel action.
(2) 
For purposes of this section, "management official" includes any management, government, security or personnel official whose duties necessitate review of the test results in order to process adverse personnel action against the employee. In addition, test results with all identifying information removed shall also be made available to the Borough of Park Ridge personnel, including the Drug Program Coordinator, for data collection and other activities necessary to comply with Section 503(f1) of the Act.
B. 
Employee access to records.
(1) 
Any employee who is the subject of a drug test shall, upon written request, have access to any records relating to:
(a) 
Such employee's drug test.
(b) 
The results of any relevant certification, review or revocation of certification proceedings, as referred to in Section 503(a)(1)(A)(ii)(111) of the Act.
(2) 
Except as authorized by law, an applicant who is the subject of a drug test, however, shall not be entitled to this information.
C. 
Confidentiality of records in general. All drug testing information specifically relating to individuals is confidential and should be treated as such by anyone authorized to review or compile program records. In order to efficiently implement this order and to make information readily retrievable, the Drug Program Coordinator shall maintain all records relating to reasonable suspicion testing, suspicion of tampering with evidence and any other authorized documentation necessary to implement this order. All records and information of the personnel actions taken on employees with verified positive test results should be forwarded to the Servicing Personnel Office. Such shall remain confidential, locked in a combination safe, with only authorized individuals who have a need to know having access to them.
D. 
Employee Assistance Program records. The EAP Administrator shall maintain only those records necessary to comply with this order. After an employee is referred to an EAP, the EAP will maintain all records necessary to carry out its duties. All medical and/or rehabilitation records concerning the employee's drug abuse, including EAP records of the identify, diagnosis, prognosis or treatment, are confidential and may be disclosed only as authorized by 42 CFR 2, including the provision of written consent by the employee. With written consent, the patient may authorize the disclosure of those records to the patient's employer for verification of treatment or for a general evaluation of treatment progress. [42 CFR 2.1 et seq. (1986), revised regulations promulgated at 52 2 FR 21796, June 9, 1987]
E. 
Maintenance of records. The Borough of Park Ridge shall establish or amend a record keeping system to maintain the records of the Borough of Park Ridge Drug-Free Workplace Program consistent with the Borough of Park Ridge Privacy Act System of Records and with all applicable federal laws, rules and regulations regarding confidentiality of records, including the Privacy Act (5 U.S.C. § 552a). If necessary, records may be maintained as required by subsequent administrative or judicial proceedings or at the discretion of the Borough of Park Ridge. The record keeping system should capture sufficient documents to meet the operational and statistical needs of this order and include:
(1) 
Notices of verified positive test results referred by the Medical Review Officer.
(2) 
Written material justifying reasonable suspicion testing or evidence that an individual may have altered or tampered with a specimen.
(3) 
Anonymous statistical reports.
(4) 
Other documents the Drug Program Coordinator, Medical Review Officer or EAP Administrator deems necessary for efficient compliance with this order.
F. 
Records maintained. Any contractor hired to satisfy any part of this order shall comply with the confidentiality requirements of this order and all applicable federal laws, rules, regulations and guidelines.
G. 
Statistical information. The Drug Program Coordinator shall collect and compile anonymous statistical data for reporting the number of:
(1) 
Random tests, reasonable suspicion tests, accident or unsafe practice tests, follow-up tests or applicant tests administered.
(2) 
Verified positive test results.
(3) 
Voluntary drug counseling referrals.
(4) 
Involuntary drug counseling referrals.
(5) 
Terminations or denials of employment offers resulting from refusal to submit to testing;.
(6) 
Terminations or denials of employment offers resulting from alteration of specimens.
(7) 
Terminations or denials of employment offers resulting from failure to complete a drug abuse counseling program.
(8) 
Employees who successfully complete the EAP.
The following are position titles designated for random testing:
A. 
All members of the Park Ridge Police Department.
B. 
All crossing guards.
C. 
All employees authorized to drive or operate municipal-owned vehicles.
D. 
All employees authorized to drive or operate their own vehicles on Borough business.