Borough of Paramus, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Paramus 2-13-2007 by Ord. No. 07-2. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 99.
A. 
To establish programs which are designed to help prevent accidents and injuries resulting from the misuse of alcohol or use/misuse of controlled dangerous substances and/or alcohol by employees of the Borough of Paramus.
B. 
To provide employees with information on the methods and procedures for the urinalysis/drug screening testing program, as well as establishing a procedure for any affected employee to challenge the results of any urinalysis/blood test/hair test or any other drug screening test for illegal substances and/or drug abuse and/or alcohol abuse that proves positive.
C. 
Any questions regarding this drug and alcohol testing policy can be answered by contacting the Borough's Designated Employer Representative (DER).
A. 
The Borough has a strong commitment to the health, safety and welfare of its employees and their families, as well as the Borough's residents, citizens and visitors. Drug and alcohol abuse is devastating to lives, businesses and the community at large. The Borough is concerned that, because of the potential for abuse amongst its employees, the safety of its employees and the general public could be endangered. The Borough's commitment to maintaining a safe and secure workplace requires a clear policy and supportive programs relating to the detection, treatment and prevention of substance abuse by its employees. It is the Borough's goal to provide a safe workplace by eliminating the hazards to health and job safety created by alcohol and other drug use. The Borough is also committed to maintaining a drug-free workplace. All employees are advised that remaining drug-free and alcohol-free are conditions of continued employment with the Borough.
B. 
Specifically, it is the policy of the Borough that the use, sale, purchase, transfer, possession and/or presence in one's system of any controlled substance (except medically prescribed drugs, unless used improperly/misused) and/or possession and/or presence in one's system of alcohol, by any employee while on the Borough's premises, engaged in the Borough's business, while operating Borough equipment and/or while under the authority of the Borough is strictly prohibited. Furthermore, the improper/excessive use of medically prescribed drugs is also prohibited for any reason. Abuse of drugs and/or alcohol off premises shall also be the basis for actions by the Borough as to the continuing employment of the employee.
C. 
The Borough will not tolerate nor condone alcohol and/or controlled substance possession and/or use in the workplace, and this type of conduct will be subject to disciplinary action up to and including termination, as set forth in this policy. It is the policy of the Borough to maintain a workplace free from alcohol and controlled substance use and its effect. The Borough also understands that alcoholism and drug addiction are treatable diseases, under certain conditions, and the Borough will assist only those employees who are willing to follow a prescribed and approved rehabilitative process, through referrals to appropriate agencies, in overcoming dependency upon or problems with alcohol or controlled substances.
D. 
The Borough of Paramus reserves the right to change this policy and related educational materials, if any, at any time with or without prior notice.
A. 
All persons employed by the Borough shall be subject to the Borough's Drug and Alcohol Policy, except where noted herein or as pursuant to law.
B. 
Prior to commencing employment with the Borough all employees will be given a copy of the within policy and all employees will be required to sign an acknowledgment, in the form as specified in Appendix A[1] hereof, that they have read the within policy and that they understand the within policy, and that their employment with the Borough is contingent with their compliance with the guidelines as expressed in the within policy.
[1]
Editor's Note: Said Appendix is on file in the Borough's offices.
As used in this chapter, the following terms shall have the meanings indicated:
ABUSCREEN (ONLINE) IMMUNOASSAY PROCEDURE
An initial drug screen used to detect the presence of drugs through the presence of metabolites.
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol, and/or other low-molecular-weight alcohols, including, but not limited to, methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION OR CONTENT
The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this part.
ALCOHOL USE
The drinking or swallowing of any beverage, liquid mixture or preparation (including any medication) containing alcohol.
CONFIRMED DRUG TEST
A confirmation test result received by a medical review officer (MRO) (see definition below) from a laboratory.
CONTROLLED SUBSTANCES
Those substances identified as, but not limited to marijuana (THC Metabolite), cocaine, amphetamines, opiates (including heroin) and phencyclidine (PCP).
DESIGNATED EMPLOYER REPRESENTATIVE (DER)
An individual identified by the Borough as able to receive communications and test results from service agents and/or who is authorized to take immediate actions to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The individual must be an employee of the Borough.
GC/MS
Gas chromatography/mass spectrometry; a confirmatory test to confirm the presence of drugs through the presence of metabolites. This test shall always be used to confirm an initial positive drug screen.
LICENSED MEDICAL PRACTITIONER
A person who is licensed, certified and/or registered, in accordance with applicable federal, state, local and/or foreign laws and regulations, to prescribe controlled substances and other drugs.
MEDICAL REVIEW OFFICER (MRO)
A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test results together with his/her medical history and any other relevant biomedical information.
POSITIVE RATE FOR RANDOM DRUG TESTING
The number of verified positive results for random drug tests conducted under this policy plus the number of refusals of random drug tests required by this policy, divided by the total number of random drug tests results (i.e., positives, negatives and/or refusals) under this policy.
A. 
In drug testing, a test to eliminate "negative" urine, blood and/or hair specimens from further analysis or to identify a specimen that requires additional testing for the presence of drugs.
B. 
In alcohol testing, an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath or saliva specimen.
STAND-DOWN
The practice of temporarily removing an employee from the performance of his or her functions based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test or a substituted test, before the MRO has completed verification of the test results.
VIOLATION RATE FOR RANDOM ALCOHOL TESTING
The number of 0.02 and above of alcohol present in the individual pursuant to a random alcohol confirmation test results conducted under this part plus the number of refusals of random alcohol tests required by this part, divided by the total number of random alcohol screening tests (including refusals) conducted under this part.
A. 
Alcohol possession and use.
(1) 
No employee shall report for duty or remain on duty while having an alcohol concentration of 0.02 or greater. No supervisor having actual knowledge that an employee has an alcohol concentration of 0.02 or greater, or where reasonable suspicion exists, shall permit the employee to remain on duty.
(2) 
No employee shall use alcohol while on the Borough's premises, while engaged in the Borough's business, while operating Borough equipment and/or while under the authority of the Borough. No supervisor having actual knowledge that an employee is using alcohol while on the Borough's premises, while engaged in the Borough's business, while operating Borough equipment, and/or while under the authority of the Borough shall permit the employee remain on duty. Abuse of drugs and/or alcohol off premises shall also be the basis for actions by the Borough as to continuing employment of the employee.
(3) 
No employee shall perform any functions for or on behalf of the Borough within four hours after using alcohol. No supervisor having actual knowledge that an employee has used alcohol within four hours shall permit an employee to perform or continue to perform any functions for or on behalf of the Borough.
(4) 
No employee who is on call for emergency purposes may consume any alcohol during the on-call period. If such employee has consumed any alcohol during the on-call period, they must advise any and all supervisors and/or employees who call on them to respond during this period of this fact.
(5) 
No employee holding a commercial driver's license shall possess medication or an alcohol-content product which is not specifically manifested to be on the truck or bus. All drivers must report any unauthorized controlled substance or alcohol product discovered during the mandatory pre-trip inspection to his/her supervisor. No supervisor having actual knowledge that a driver possesses same shall permit him or her to continue to drive or perform a safety-sensitive function.
B. 
Controlled substance use and possession.
(1) 
No employee shall report for duty or remain on duty when the employee uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the employee that the substance will not adversely affect the employee's ability to safely perform his or her functions for or on behalf of the Borough and the employee has met the provisions of Subsections B(3) and B(4) below.
(2) 
No supervisor having actual knowledge that an employee has used a controlled substance shall permit the employee to remain on duty.
(3) 
The Borough shall require an employee to inform the Borough's DER and/or the employee's supervisor of any therapeutic drug use that may impair the employee's ability to perform his/her duties/functions. If an employee is required to take a prescription medication pursuant to the instruction of a licensed physician, he or she shall provide documentation of same which effectively states that the medication does not adversely affect the ability to safely perform all functions of his or her position. This documentation shall be presented to the employee's supervisor, who will forward same to the DER for storage in a secure file.
(4) 
No employee shall report for duty, remain on duty and/or perform any function for or on behalf of the Borough, if the employee tests positive, has adulterated or substituted a test specimen for controlled substances and/or produced no specimen at all. Any supervisor having actual knowledge that an employee has tested positive, or has adulterated or substituted a test specimen or produced no specimen at all for controlled substances, shall not permit the employee to report for or remain on duty. Any failure by a supervisor to do so shall result in disciplinary action being taken against the supervisor, up to and including termination.
(5) 
Any employee holding a commercial driver's license must report any unauthorized controlled substance(s) discovered during the mandatory pretrip inspection to his or her supervisor.
C. 
Submission to Testing. No employee shall refuse to submit to a required random alcohol and/or controlled substances test, a required reasonable suspicion alcohol and/or controlled substances test, a required follow-up alcohol and/or controlled substances test (see "Required testing," § 32A-6 below), a required alcohol and/or controlled substances test as part of a Borough conducted physical examination and/or an alcohol and/or a controlled substances test required prior to a promotion. No supervisor shall permit an employee who refuses to submit to such tests to remain on duty. Refusal to submit to an alcohol and/or controlled substances test means that an employee:
(1) 
Fails to appear for any test within a reasonable time, as determined by the Borough DER, after being directed to do so by a supervisor or Borough designee;
(2) 
Fails to remain at the testing site until the testing process is complete;
(3) 
Fails to allow and/or cooperate with drug and/or alcohol testing as part of a routine physical examination conducted by or paid for by the Borough;
(4) 
Fails to provide a urine, blood or hair specimen or any other specimen for any drug test required by this policy;
(5) 
In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the employee's provision of a specimen;
(6) 
Fails to provide a sufficient amount of urine, blood or other bodily fluid, hair or other substance when directed and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure to provide a sufficient amount;
(7) 
Fails or declines to take a second test the Borough or collector has directed the employee to take;
(8) 
Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER. In the case of a preemployment drug test, the employee is deemed to have refused to test on this basis only if the preemployment test is conducted following a contingent offer of employment;
(9) 
Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector or behave in a confrontational way that disrupts the collection process);
(10) 
Is reported by the MRO as having a verified adulterated or substituted test result; and/or
(11) 
Provides an altered or adulterated specimen sample.
D. 
Consequences for violations.
(1) 
Alcohol possession, use and testing.
(a) 
Any employee found to be in possession of alcohol or any product containing alcohol shall immediately be removed without pay from the performance of his or her functions until the next scheduled work period, providing that eight hours have elapsed.
[1] 
If an employee is found to be in possession of alcohol or any product containing alcohol on more than one occasion, the employee is subject to termination of employment with the Borough, as per the provisions of Subsection D(1)(d) below. Other appropriate disciplinary action may ensue consistent with other Borough policy and/or disciplinary guidelines.
[2] 
Possession, as indicated above, shall constitute immediate grounds for reasonable suspicion. See § 32A-6D of this chapter.
(b) 
Any supervisor with actual knowledge of alcohol possession by an employee shall report the occurrence as outlined in this section or shall be subject to disciplinary action himself/herself, up to and including termination.
(c) 
The testing for alcohol use shall be conducted by the Borough's MRO pursuant to § 32A-7, Testing procedures.
(d) 
The consequences for violations of this policy include the following:
[1] 
If an employee's breath test indicates an alcohol concentration of 0.02 or greater but less than 0.04, the employee shall be immediately suspended without pay for five days and shall not be permitted to return to work until such time as a retest indicates the alcohol concentration has fallen below 0.02. The employee shall also be subject to further discipline. If an employee's breath test indicates an alcohol concentration of 0.02 or greater but less than 0.04 on more than one occasion, the employee shall be immediately terminated from employment with the Borough.
[2] 
If an employee's breath test indicates an alcohol concentration of 0.04 or greater on any occasion, the employee will be immediately terminated from employment with the Borough, unless the employee has made an admission pursuant to the Borough self-identification policy set forth below.
[3] 
The penalty for refusing to submit to alcohol testing required by this policy shall be immediate termination from employment with the Borough.
(2) 
Controlled substance possession, use and testing.
(a) 
The Borough has a zero tolerance policy concerning the possession of and/or use by an employee of controlled substances. Any employee found to be in possession of and/or under the influence of a controlled substance or product containing a controlled substance in violation of federal or state law will be immediately terminated from employment with the Borough, unless the employee has made an admission pursuant to the Borough self-identification policy set forth below.
(b) 
Any supervisor with actual knowledge that an employee possesses a controlled substance shall report the occurrence as outlined in this section or shall be subject to disciplinary action as well.
(c) 
The testing for controlled substance use shall be conducted by the Borough's MRO pursuant to § 32A-7, Testing procedures.
(d) 
The penalty for refusing to submit to a controlled substance test required by this policy shall be immediate termination of employment with the Borough.
(e) 
In addition to the penalties set forth in this policy, any employee who is observed possessing a controlled substance will be immediately reported to the appropriate police department and/or other law enforcement agency.
(3) 
Employee admission of alcohol and controlled substances use. Employees who admit to alcohol misuse or controlled substances use and/or abuse may seek treatment in a substance abuse program (SAP), provided that:
(a) 
The admission is in accordance with the Borough self-identification policy (see § 32A-8 below);
(b) 
The employee does not self-identify in order to avoid testing under the requirements of this policy;
(c) 
The employee makes the admission of alcohol misuse or controlled substances use/abuse prior to reporting for duty;
(d) 
The employee does not perform any function for or on behalf of the Borough until the employer is satisfied that the employee has been evaluated and has successfully completed education or treatment requirements in accordance with the self-identification program guidelines; and/or
(e) 
If after successfully completing a treatment program the employee tests positive for drugs and/or alcohol or refuses to take a test, he/she shall be deemed as being beyond rehabilitation, posing a threat to the health and safety of other departmental members, and shall be immediately terminated.
A. 
Preemployment and prepromotion testing. The Borough, upon making an offer of employment or an offer of a promotion to an individual, shall inform said potential employee that the offer or promotion is contingent upon successful completion of a test for controlled substances and alcohol, which shall be conducted in accordance with the procedures set forth in § 32A-7 below. For those employees who earn in excess of $500 per year, the testing shall be paid for by the employee. For those employees earning $500 or less per year, the testing shall be paid for by the employee; however, the cost of the test shall be reimbursed by the Borough of Paramus upon the employee continuing their employment until their scheduled termination date.
[Amended 4-17-2012 by Ord. No. 12-4]
B. 
Testing as part of Borough physical examination. Any physical examination of an employee conducted at the request of the Borough and/or paid for by the Borough shall include drug and alcohol testing and the Borough shall be entitled to the results of any such drug and alcohol testing. All employees will make any and all necessary arrangements for the Borough to have access to all records, reports and materials from any such medical/psychological examinations conducted at the Borough's expense, including the results of any such drug and alcohol testing. All employees agree to effectuate this provision by signing a medical authorization form.
C. 
Random testing.
(1) 
Every employee who possesses a commercial driver's license (CDL) shall submit to random alcohol and/or controlled substance testing as required in this policy. Employees who are involved in law enforcement and public safety shall be subject to random testing under the New Jersey Attorney General's guidelines.
(2) 
The selection of employees to be tested shall be conducted in a lottery-type system administered by an outside vendor. The method utilized shall be made by a scientifically valid method, i.e., random. Once selected to undergo testing, the employee's name will be reentered into the system for the next round of testing announcements. This ensures that each covered employee has an equal chance of being tested at least once annually without elimination. The effect is that an employee may not be selected at all during the course of the year or he or she may be picked several times.
(3) 
Each employee selected as established above for random alcohol and/or controlled substances testing under the selection process used shall have an equal chance of being tested each time selections are made.
(4) 
The Borough shall require that each employee who is notified of selection for random alcohol and/or controlled substances testing proceed to the test site immediately. If an employee is performing a function for or on behalf of the Borough at the time of notification, the Borough shall ensure that the employee ceases to perform said function and proceeds to the testing site immediately.
(5) 
Alcohol testing.
(a) 
The Borough shall test a minimum of 20% of its employees annually.
(b) 
An employee shall only be tested for alcohol while the employee is performing his or her functions for or on behalf of the Borough, just before the employee is to perform his or her Borough functions, or just after the employee has ceased performing such functions.
(6) 
Controlled substances testing.
(a) 
The Borough shall test a minimum of 50% of its employees annually.
(b) 
An employee may be tested for controlled substance use at any time during normal working hours or while in the employ of the Borough under any employment situation.
(7) 
Police officers shall be subject to random testing as per the Attorney General's guidelines; they shall be covered by this policy for all other testing.
D. 
Reasonable suspicion testing.
(1) 
Alcohol testing.
(a) 
The Borough shall require an employee to submit to an alcohol test when it has reasonable suspicion to believe that the employee has engaged in prohibited conduct, set forth in § 32A-5 above, concerning alcohol. The Borough's determination that reasonable suspicion exists to require the employee to undergo an alcohol test shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech and/or body odors of the employee.
(b) 
When a trained supervisor or other trained Borough Official has reasonable suspicion that a covered employee may be under the influence of alcohol, he or she shall:
[1] 
Complete the four-part Borough of Paramus Post-Accident Test and Supervisor's Report of Reasonable Suspicion form, following the appropriate instructions; and
[2] 
Contact the drug and alcohol testing site by telephone to report the occurrence immediately. The supervisor will be given instructions as to what action should be taken (i.e., drive the employee to the alcohol testing site).
(c) 
The required observations for alcohol reasonable suspicion testing shall be made by a supervisor or Borough designee, both of whom must receive at least 60 minutes of training on alcohol misuse in detecting and recognizing the physical, behavioral, speech and performance indicators of probable alcohol misuse, particularly those associated with lower concentration of alcohol.
(d) 
Alcohol testing is authorized only if the required observations are made during the time the employee is working for the Borough, within 15 minutes preceding the work period, or within 30 minutes after the completion of the workday or work period that the employee is required to be in compliance. An employee may be directed by a supervisor or Borough designee to only undergo reasonable suspicion testing while the employee is performing a function for or on behalf of the Borough, before the employee is to perform said functions, or just after the employee has ceased performing such functions.
(e) 
If a required alcohol test is not administered within two hours following the determination under Subsection D(1)(a) of this section, the supervisor or Borough designee shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by this section is not administered within eight hours following the determination under Subsection D(1)(a) of this section, the supervisor or Borough designee shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. Failure to have the test administered shall lead to appropriate discipline to the employee(s) whose failure caused such failure, up to and including termination.
(f) 
Notwithstanding the absence of a reasonable suspicion alcohol test under this section, no employee shall report for duty or remain on duty while the employee is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall a supervisor or the Borough permit the employee to perform or continue to perform his or her Borough functions, until:
[1] 
An alcohol test is administered and the employee's alcohol concentration measures less than 0.02; or
[2] 
Twenty-four hours have elapsed following the determination under Subsection D(1)(a) of this section that there is reasonable suspicion to believe that the employee has violated the prohibitions in this part concerning the use of alcohol.
(g) 
Such impairment, irrespective of the provisions above, shall lead to appropriate discipline to all involved, up to and including terminations.
(2) 
Controlled substance testing.
(a) 
The Borough shall require an employee to submit to a controlled substances test when the Borough has reasonable suspicion to believe that the employee has engaged in prohibited conduct, set forth in § 32A-5 above, concerning controlled substances. The Borough's determination that reasonable suspicion exists to require the employee to undergo a controlled substances test shall be based on specific, contemporaneous and/or articulable observations concerning the appearance, behavior, speech and/or body odors of the employee. The observations may include indications of the chronic and withdrawal effects of controlled substances.
(b) 
When a trained supervisor or other trained Borough official has reasonable suspicion that a covered employee may be under the influence of a controlled substance, he or she shall:
[1] 
Complete the four-part Borough of Paramus Post-Accident Test and Supervisor's Report of Reasonable Suspicion form, following the appropriate instructions; and
[2] 
Contact the drug and alcohol testing site by telephone to report the occurrence immediately. The supervisor will be given instruction as to what action should be taken (i.e., drive the employee to the testing site).
(c) 
The required observations for controlled substance reasonable suspicion testing shall be made by a supervisor or Borough designee, both of whom must receive at least 60 minutes of training in detecting and recognizing the physical, behavioral, speech and performance indicators of probable controlled substances use.
(d) 
Controlled substances testing shall be performed to the greatest extent possible immediately, but no later than 72 hours, after the observation by the supervisor or Borough designee.
(e) 
If said testing is not performed within the seventy-two-hour time period, a report shall be prepared by the supervisor or Borough designee and forwarded to the DER indicating the reason(s) for not promptly administering same. Failure to have the test administered may lead to the provisions of Subsection D(4) below.
(3) 
Written record. A written record shall be made of the observations leading to an alcohol or controlled substances reasonable suspicion test, and signed by the supervisor or other Borough official who made the observations, within 24 hours of the observed behavior or before the results of the alcohol or controlled substances tests are released, whichever is earlier.
(4) 
Failure of supervision. Failure of supervision to have a reasonable suspicion test conducted in a prompt manner shall subject the supervisor to discipline, up to and including termination.
E. 
Return-to-work testing.
(1) 
Prior to returning to work, any employee who was determined to have engaged in alcohol related conduct prohibited by this policy shall undergo a return-to-duty alcohol test and will be allowed to return only with a result of less than 0.02.
(2) 
Prior to returning to his or her function for or on behalf of the Borough, any employee who was determined to have engaged in controlled substance use prohibited by this policy shall undergo a return-to-duty controlled substance test with a verified negative result.
F. 
Follow-up testing.
(1) 
Alcohol.
(a) 
Any employee who has made an admission of alcohol use, pursuant to § 32A-5D(3) of this policy, shall be subject to unannounced follow-up testing.
(b) 
In no case shall said testing occur fewer than six times in the first 12 months following the employee's return to duty, nor shall testing extend more than five years from the time he/she returns to duty.
(c) 
The SAP representative may terminate the requirement for follow-up testing at any time after the first six tests have been administered if he/she determines that they are no longer required.
(d) 
The employee shall be further evaluated by the SAP to ensure that he/she has properly followed any prescribed rehabilitation program.
(2) 
Controlled substances.
(a) 
Any employee who has made an admission of controlled substance use, pursuant to § 32A-5D(3) of this policy, shall be subject to unannounced follow-up testing.
(b) 
In no case shall said testing occur less than six times in the first 12 months following the employee's return to work, nor shall testing extend more than five years from the time he/she returns to duty.
(c) 
The employee shall be further evaluated by the SAP to ensure that he/she has properly followed any prescribed rehabilitation program.
G. 
Post-accident testing.
(1) 
Alcohol.
(a) 
In the event of an accident in which any person requires immediate medical care away from the scene, is fatally injured, the vehicle strikes another motor vehicle or other object causing damage to the Borough vehicle, either vehicle needs to be towed away or the employee driving is issued a summons for a moving violation, that employee shall be required to undergo an alcohol test.
(b) 
In the event of an accident occurring as described above, the employee shall be required to follow the reporting requirements of the Borough of Paramus and remain at the scene or readily available to undergo alcohol testing.
(c) 
Any employee subject to post-accident testing as required by this section, who leaves the scene of an accident before an alcohol test is administered or fails to remain readily available for testing, shall be deemed to have refused to submit to breath alcohol testing. Such a refusal shall be treated by the Borough of Paramus in the same manner as if the employee had an alcohol test result of 0.040 or greater.
(d) 
All alcohol testing required by this section shall be performed by an agency authorized by the Borough of Paramus no more than eight hours after the time of the accident. The time of the accident shall be determined by the hour utilized on the police accident report.
(e) 
Law enforcement agencies with the authority to do so may perform the alcohol testing required by this section. The Borough of Paramus and employees described under this section shall comply with all federal regulations regarding punitive action (including discipline) whether the tests are performed by law enforcement agencies or by an authorized agency.
(2) 
Controlled substance.
(a) 
In the event of an accident in which any person requires immediate medical care away from the scene, is fatally injured, the vehicle strikes another motor vehicle or other object causing damage to the Borough vehicle, either vehicle involved needs to be towed away, or the employee driving is issued a summons for a moving violation, the employee shall be required to undergo a test for controlled substances use.
(b) 
In the event of an accident occurring as described above, the employee shall be required to follow the reporting requirements of the Borough of Paramus and remain at the scene or readily available to undergo testing for controlled substances use.
(c) 
Any employee subject to post-accident testing as required by this section who leaves the scene of an accident before a controlled substances test is administered, or fails to remain readily available for testing, shall be deemed to have refused to submit to a controlled substances test. Such a refusal shall be treated by the Borough of Paramus in the same manner as if the employee had a verified positive test for controlled substances use.
(d) 
All controlled substance testing required by this section shall be performed by an authorized agent of the Borough of Paramus as soon as practicable after the time of the accident. The time of the accident shall be determined by the hour utilized on the New Jersey Police Accident Report.
(e) 
If a controlled substance test required by this section is not administered within 32 hours following the accident, the Borough of Paramus shall cease attempts to administer same, and the supervisor of the employee and/or drug testing site shall prepare and maintain on file a report stating the reason why a test was not promptly administered. The employee(s) involved in the failure to test appropriately shall be subject to discipline, up to and including termination.
A. 
Alcohol.
(1) 
Upon notification to report for an alcohol test, the employee shall:
(a) 
Provide positive proof of his/her identity in the form of a photo identification.
(b) 
The collector shall perform the calibration of the breath-testing unit and the breath alcohol test in accordance with the Breathalyzer Operational Checklist from the manufacturer.
(c) 
In the event of a test result of 0.02 or greater and less than 0.04, the employee will be given a second test between 15 minutes and 20 minutes after the first test.
[1] 
If the employee again tests at 0.02 or greater and less than 0.04, he/she shall be immediately suspended without pay for five days and shall not be permitted to return to work until such time as a retest indicates the alcohol concentration has fallen below 0.02. The employee shall also be subject to further discipline, up to and including termination.
[2] 
If the employee tests at 0.04 or greater at any time, he/she shall be immediately terminated from employment with the Borough.
(2) 
If an employee is unable to produce enough breath to perform the alcohol testing, the employee shall be immediately referred to a medical doctor for testing at the employee's sole cost and expense. Failure to report for such testing in an expeditious manner shall subject the employee to discipline up to and including termination.
(3) 
No employee shall refuse to submit to a breath alcohol test required by this policy. If an employee refuses a required breath test, he/she shall be immediately terminated from employment with the Borough.
B. 
Controlled substance.
(1) 
Upon notification to report for a controlled substances test, the employee shall:
(a) 
Provide positive proof of his/her identity in the form of a photo identification.
(b) 
At the direction of the MRO staff, the employee shall provide a minimum of 45 milliliters of urine in an approved container.
(c) 
In the event the employee cannot provide the required amount of urine for the test, he/she shall be instructed to drink no more than 24 ounces of fluid and, after a period of up to two hours, again attempt to provide a complete sample.
(d) 
If the employee is still unable to provide the required amount, attempts at testing shall be discontinued and he/she shall be referred to a medical doctor immediately for testing, at the employee's sole cost and expense. If there is no medical reason for the inability to provide the required specimen, the employee shall be deemed to have refused the test and shall be immediately terminated from employment with the Borough. Failure to immediately be tested shall subject the employee to discipline, up to and including termination.
(e) 
If a prospective employee is unable to provide sufficient urine for testing, he/she shall bear the cost of a medical referral.
(f) 
The collector shall, with the employee witnessing, split the sample into two separate units consisting of 30 milliliters in one and 15 milliliters in the other.
(g) 
While the employee is witnessing the procedure, the collector shall then place both specimen bottles in the proper chain-of-custody specimen bag, sealing same and placing it in the kit box.
(h) 
The employee shall witness the closure and sealing of the kit box with the box seal.
(i) 
The employee shall witness the collector signing and dating the box seal.
(j) 
The collector shall place the sealed kit in a locked location to be held for pickup and delivery to a certified laboratory.
(k) 
The testing of the thirty-milliliter specimen shall be performed by a certified laboratory and the fifteen-milliliter sample stored.
(l) 
In the event that the first sample tests positive for controlled substance use, the results will be transmitted to the MRO. The MRO will contact the DER and the employee within eight hours of test results and advise him/her of the results. At that time, the MRO shall advise the employee that he/she may not perform any functions for or on behalf of the Borough and that at that time, or within 72 hours thereafter, he/she may request in writing a test of the split sample, at his/her own cost and expense. The MRO shall transmit the request for a second analysis to a certified laboratory. The laboratory will then forward the split sample to a second facility for analysis. Final laboratory results indicating a positive or negative result of the urinalysis/drug screening may be reviewed and/or copy obtained by the employee who contributed that specific sample if the employee submits a request in writing to the MRO within five calendar days of notification or receipt of the final results by the MRO. The employee shall not perform functions for the Borough until the test of the split sample indicates a verified negative controlled substances test result.
(m) 
If a split test indicates a positive controlled substance test result, the employee shall be immediately terminated from employment with the Borough.
(2) 
Drug testing/laboratory procedures.
(a) 
The laboratory contracted by the Borough to conduct urinalysis/drug screening will provide the Borough with proof that the method used to perform the analysis for the presence of drugs will be:
[1] 
Initial screening by Abuscreen RIA method.
[2] 
Verification of all initial screening positive tests.
[3] 
Confirmation analysis by GC/MS.
(b) 
The following schedule is an illustrative schedule only of drugs that will be determined by the testing procedure and the established levels that will be considered positive readings. Said list below is not an inclusive schedule/list:
Concentrations for Initial and Confirmation Tests
Type of Drug or Metabolite
Initial Test RBL Screening Cutoff Abuscreen/EMIT
(ng/ml)
Confirmation Test GC/MS Cutoff
(ng/ml)
Marijuana Metabolites
50
15
Delta-THC-9 Carboxylic Acid
Cocaine Metabolites
300
150
Benzoylecogonine
Phencyclidine (PCP)
25
25
Amphetamines
1,000
Amphetamine
500
Methamphetamine
500
Barbiturates
200
200
Benzodiazepines
300
300
Opiate Metabolites
2,000
Codeine
2,000
Morphine
2,000
6-acetylmorphine
10
(c) 
The schedule of drugs listed shall not be considered inclusive. It may be expanded to include other controlled substances or illegal drugs if, in the opinion of the Borough or its designee, it is necessary to do so. If the schedule of drugs is expanded by the addition of any other illegal or controlled dangerous substance, then the schedule will also define the established level that will be considered a positive reading for the additional substance. Again, the abuse or misuse of prescribed drugs shall also serve as a positive test result and immediate termination.
(d) 
If the initial testing results are negative, testing shall be discontinued and all samples destroyed. Records of the testing shall be placed in the employee's file. Only specimens identified as positive on the initial test shall be confirmed using the gas chromatography mass spectrometry (GC/MS) techniques at the listed cutoff values in the chart above. If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's file.
A. 
The Borough will permit an employee sufficient opportunity to seek evaluation, education and/or treatment to establish control over the employee's drug and/or alcohol problem and it will not take an adverse employment action against an employee making a voluntary admission of alcohol, misuse or controlled substances use, provided the following occurs:
(1) 
The employee makes the admission of alcohol misuse or controlled substances use prior to reporting for duty; and/or
(2) 
The employee does not self-identify in order to avoid testing under the requirements of this policy.
B. 
If an employee makes a voluntary admission of alcohol, misuse or controlled substances use, per this section only, he/she will be permitted to return to his or her duties only upon successful completion of an educational or treatment program, as determined by a drug and alcohol abuse evaluation expert, substance abuse professional, or qualified drug and alcohol counselor.
C. 
Prior to the employee participating in any function/job responsibility for or on behalf of the Borough, the employee shall undergo a return-to-duty test with a result indicating an alcohol concentration of less than 0.02.
D. 
Prior to the employee participating in any function for or on behalf of the Borough, the employee shall undergo a return-to-duty controlled substance test with a verified negative test result for controlled substances use.
E. 
The Borough shall incorporate employee monitoring and follow-up testing as per this policy.
F. 
Nothing in this policy prohibits the Borough from implementing discipline, up to and including termination, if the employee fails to comply with the conditions established under this specific policy and/or subsequently violates any aspect of the Borough Drug and Alcohol Policy or violates any law, rule and/or regulation of the Borough, irrespective of any of the provisions herein.
G. 
An employee taking any time off and/or leave from employment for the purpose of obtaining treatment and/or rehabilitation for any alcohol and/or controlled substance problem shall use any and all accrued sick, vacation, personal, holiday and all other paid/unpaid accumulated time for such absence.
A. 
In an effort to educate employees in the dangers of drug use and the Borough's commitment to keeping drugs out of the workplace, each employee will receive information and training covering the dangers of substance abuse, the Borough's commitment to an alcohol- and drug-free workplace and the penalties for violation of this policy.
B. 
Supervisory employees who will be in a position to determine whether an employee must be alcohol or drug tested, pursuant to the policies herein, will receive at least five hours of training on identifying the specific physical, behavioral and performance indicators of probable drug and/or alcohol abuse and on identifying those individuals who might be impaired by the use of drugs and/or alcohol.
A. 
The Medical Review Officer (MRO) is to be supplied by an outside vendor.
(1) 
The MRO shall forward to the employer copy of the urine testing, custody and control form to the Employee Assistance Program upon collecting specimens for analysis by a certified laboratory.
(2) 
The MRO shall ensure that the Employee Assistance Program receives copies of all verified results from laboratories of either positive or negative.
(a) 
If a controlled substance test received is positive, the identity of the substance(s) shall be included.
(b) 
Under this policy, a verified positive test result allows the employee an opportunity for a test of the second or split sample, at his/her own expense, as discussed in § 32A-7B(1)(l) of this policy. Upon notification by the laboratory that the initial sample is positive, the MRO shall contact the affected employee as soon as practicable, but in no case later than eight hours.
(c) 
The MRO shall also forward copies of the record which details the notification of the affected employee.
(3) 
The MRO shall maintain all dated records and notifications, identified by individual employee, for a minimum of five years for verified positive controlled substances test results.
(4) 
The MRO shall maintain all dated records and notifications, identified by individual employee, for a minimum of one year for negative and cancelled controlled substances test results.
(5) 
The MRO shall not release any employee's controlled substances test results to any person without first obtaining a specific written authorization from the tested employee.
(6) 
Nothing in this section shall prohibit the MRO from releasing controlled substances test records to the Borough of Paramus, United States Secretary of Transportation or designee, any U.S. Department of Transportation agency or any state or local officials with the regulatory authority over the controlled substances testing program under Section 382.409 of the U.S. Department of Transportation Rules and Regulations.
If a referral to a SAP is required as a result of alcohol and/or controlled substance use as specified by this policy, the Medical Review Officer shall make that determination.
A. 
Upon referral, the employee shall be required to abide by his or her recommendations for return to duty. Failure to abide by the recommendations of the SAP for return to duty shall constitute a violation of this policy and lead to immediate termination.
B. 
The cost for utilizing the SAP for initial counseling will be paid for by the Borough of Paramus. However, any recommended treatment shall be paid for by the affected employee and may be recovered by the employee's own health insurance.
A. 
The Borough of Paramus may obtain, pursuant to an employee's written consent which shall not be unreasonably withheld, any information concerning his or her alcohol and/or controlled substance use or testing from previous employers.
B. 
The Borough of Paramus shall obtain, pursuant to an employee's written consent, information regarding his or her alcohol tests with a concentration result of 0.040 or greater, positive controlled substances test results and refusals to be tested within the preceding two years, which are maintained by the employee's previous employers.
(1) 
The above information shall be obtained and reviewed no later than 14 calendar days after the first time an employee performs a safety-sensitive or driving function, if it is not feasible to obtain said information prior to the employee performing safety-sensitive or driving functions.
(2) 
The Borough of Paramus shall not permit an employee to perform safety-sensitive or driving functions after 14 calendar days without obtaining the required information.
(3) 
If the employee ceases the performance of safety-sensitive or driving functions before the fourteen-calendar-day time limit or before previous employer information is received, the Borough must still obtain the required information from the previous employer(s). The Borough of Paramus is required to provide each former employer with specific written authorization for the release of appropriate information.
(4) 
The release of any information may take the form of personal interviews, telephone interviews, letters or any other method of obtaining information that ensures confidentiality. The Borough of Paramus shall maintain a written confidential record with respect to each former employer contacted.
(5) 
The Borough of Paramus shall not use any employee to perform safety-sensitive or driving functions if any information obtained indicates that he or she tested with an alcohol concentration of 0.040 or greater, verified positive controlled substance test result or refusal to be tested without obtaining information on a subsequent substance abuse professional evaluation.
(6) 
Employees of the Borough of Paramus employed prior to January 1, 1995, are exempt from the elements of this section, except if they hold a commercial driver's license (CDL), whether used or not.
A. 
Retention of records.
(1) 
The Borough of Paramus shall retain for a period of not less than six years the following records relating to this policy:
(a) 
Records of employee alcohol tests in which said results indicate an alcohol concentration of 0.020 or greater.
(b) 
Records of employee's verified positive controlled substances test.
(c) 
Documentation of refusals to submit to required alcohol and/or controlled substances tests.
(d) 
Breath-testing equipment calibration documentation.
(e) 
Employee evaluation and referrals.
(2) 
The Borough of Paramus shall retain for a period of not less than two years the following records relating to this policy: All records relating to the alcohol and controlled substances collection process and training.
(3) 
The Borough of Paramus shall retain for a period of not less than one year the following records relating to this policy: All records of negative and cancelled test results with an alcohol concentration of less than 0.020.
(4) 
The Borough of Paramus shall also maintain the following specific records for all applicable employees indefinitely:
(a) 
Collection log books;
(b) 
All documents relating to the random selection process;
(c) 
Calibration documentation for all breath-testing devices;
(d) 
Documentation of breath alcohol technician training;
(e) 
All documents relating to decisions to administer reasonable suspicion testing in alcohol and/or controlled substances;
(f) 
All documents generated in connection with decisions on post-accident testing;
(g) 
All documents verifying the existence of a medical explanation of an employee to provide adequate breath or to provide a urine specimen for testing;
(h) 
The employer's copy of the alcohol test forms, including the test results;
(i) 
The employer's copy of the controlled substance test chain or custody and control form;
(j) 
Documents sent by the Medical Review Officer to the employer;
(k) 
Documents related to the refusal of any employee to submit to an alcohol or controlled substances test;
(l) 
Documents presented by an employee to dispute the result of an alcohol or controlled substances test administered;
(m) 
Records related to other violations of this policy;
(n) 
Records pertaining to a determination by a substance abuse professional concerning an employee's need for assistance;
(o) 
Records concerning an employee's compliance with recommendations of a substance abuse professional;
(p) 
Materials on alcohol misuse and controlled substance use, awareness and a copy of this policy;
(q) 
Documentation of the training requirements of this policy, including the employee's signed receipt of educational materials;
(r) 
Documentation of the training provided to supervisors for the purpose of qualifying them to make a determination concerning the need for alcohol and/or controlled substances testing based upon reasonable suspicion;
(s) 
Monthly laboratory statistical summaries of urinalyses performed by same;
(t) 
The location of all records and the person responsible for maintaining said records.
B. 
Confidentiality.
(1) 
Except as required by law, the Borough of Paramus shall not release employee information contained in records required to be maintained pursuant to Subsection A(1) through (4) above.
(2) 
Any affected employee currently employed by the Borough of Paramus may request, in writing, copies of any written records pertaining to his or her own use of alcohol and/or controlled substances. There shall be no charge for these records.
(3) 
Employee alcohol and controlled substance records shall be made available to a subsequent employer upon receipt of a written, signed, notarized request from an employee. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the employee's request. A fee may be charged consistent with other Borough policy.
(4) 
The Borough of Paramus may disclose information required to be maintained under this section pertaining to an employee, the decisionmaker in a lawsuit, grievance or other proceeding initiated by or on behalf of the individual, and arising from the results of an alcohol and/or controlled substance test administered under this policy if the Borough determines that the employee engaged in conduct prohibited by this policy (including but not limited to a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the employee). A fee may be charged consistent with Borough of Paramus policy.
(5) 
The Borough of Paramus shall release, for a fee consistent with Borough policy, information regarding an employee's records as directed by the specific written consent of the employee authorizing release of the information to an identified person. Release of information by the person receiving same is permitted only in accordance with the terms of the employee's consent.
A. 
Upon being involved in a motor vehicle accident while operating a commercial motor vehicle, Borough vehicle or other vehicle operated during the course of employment, the operator shall follow standard reporting procedures, including:
(1) 
Contacting the Borough of Paramus Police Department by the fastest possible means, relating the vehicle identification number and location of the accident;
(2) 
If the accident results in a death or injury to any party, the vehicle strikes another motor vehicle or other object causing damage to the Borough vehicle, or requires that a vehicle be towed from the scene, or the issuance of a moving violation citation, it is the responsibility of the supervisor of the employee to transport the uninjured employee to the drug and alcohol test site and remain with the employee until the test has been administered.
B. 
This section is in no way intended to prevent an injured person from getting immediate medical attention.
C. 
No employee involved in a motor vehicle accident shall consume alcoholic beverages for a period of eight hours immediately following the accident or until after a breath alcohol concentration test has been performed, whichever comes first.
A. 
The Borough shall notify the subject of a preemployment controlled substances test, and of the results of same, if requested in writing within 60 calendar days of being notified of the disposition of the employment application.
B. 
The Borough shall notify an employee of the results of random, reasonable suspicion and post-accident tests for controlled substances conducted under this policy if the test results are verified positive. The employee shall also be informed of what substances were positive.
This Drug and Alcohol Policy is in no way intended to supersede or waive any constitutional or statutory rights that the employee may be entitled to as recognized by the federal courts, state courts and/or applicable quasi-judicial and/or administrative agencies.