[Adopted 9-12-1994 by Res. No. 22-1994 (Ch. 1, Part 14, of
the 1989 Code)]
The Township of Robinson recognizes the problems created by
drug and alcohol abuse and the need to develop prevention and treatment
programs. The Township has a commitment to protect people and property
and to provide a safe working environment. The purpose of the following
program is to establish and maintain a drug-free, alcohol-free, safe,
healthy work environment for all of its employees.
As used in this article, the following terms shall have the
meanings indicated:
Any event resulting in injury to a person or property to
which an employee contributed as a direct or indirect cause.
Individuals who perform work for the Township, including,
but not limited to, management, supervision and clerical personnel.
An event which has all the attributes of an accident except
that no harm was caused to person or property.
Illegal drugs (including controlled substances, look-alike
drugs and designer drugs), alcoholic beverages and drug paraphernalia
in the possession of or being used by employees on the job.
Tardiness, excessive absenteeism and erratic behavior, such
as noticeable imbalance, incoherence and disorientation.
Includes all property, facilities, land, buildings, structures,
automobiles, trucks and other vehicles owned, leased or used by the
Township.
A.
The Township and its employees who are parties to this policy and
program have only the interests of employees in mind, and therefore,
encourage any employee with a substance abuse problem to come forward
and voluntarily accept the Township's assistance in dealing with
the illness. An employee assistance program will provide guidance
and direction for an employee during the recovery period. If an employee
volunteers for help, the Township will make every reasonable effort
to return the employee to work upon the employee's recovery.
The Township will also take action to assure that the employee's
illness is handled in a confidential manner.
B.
All actions taken under this policy and program will be confidential
and disclosed to those with a "need to know."
C.
When a test is required, the specimen will be identified by a code
number, not by name, to ensure confidentiality of the donor. Each
specimen container will be properly labeled and made tamperproof.
The donor must witness this procedure.
D.
Unless an initial positive result is confirmed as positive, it shall
be deemed negative and reported by the laboratory as such.
E.
The handling and transportation of each specimen will be properly
documented through strict chain-of-custody procedures.
A.
Rules. All employees must report to work in a physical condition
that will enable them to perform their jobs in a safe and efficient
manner. Employees shall not:
B.
Discipline. When the Township has reasonable cause to believe an
employee is under the influence of a prohibited substance, for reasons
of safety the employee may be suspended until test results are available.
If no test results are received after three working days, the employee,
if available, shall be returned to work with back pay. If the test
results prove negative, the employee shall be reinstated with back
pay. In all other cases:
(1)
Applicants testing positive for drug use will not be hired.
(2)
Employees who have not voluntarily come forward and who test positive
for drug use will be terminated.
(3)
Employees who refuse to cooperate with testing procedures will be
terminated.
(4)
Employees found in possession of drugs or drug paraphernalia will
be terminated.
(5)
Employees found selling or distributing drugs will be terminated.
(6)
Employees found under the influence of alcohol while on duty, or
while operating a Township vehicle, will be subject to termination.
C.
Prescription drugs. Employees using a prescribed medication which
may impair the performance of job duties, either mental or motor functions,
must immediately inform their supervisor of such prescription drug
use. For the safety of all employees, the Township will consult with
the employee and their physician to determine if a reassignment of
duties is necessary. The Township will attempt to accommodate the
employee's needs by making an appropriate reassignment. However,
if a reassignment is not possible, the employee will be placed on
temporary medical leave until released as fit for duty by the prescribing
physician.
D.
Grievance. All aspects of this policy and program shall be subject
to the grievance procedure of the employee's bargaining agreement
or, in the case of nonunion employees, the Township Policy and Procedure
Manual or the employee's employment contract, as applicable.
A.
Under certain circumstances, the Township will find it necessary
to conduct drug and alcohol testing. While "random" testing is not
necessary for the proper operation of this policy and program, it
may be necessary to require testing under the following conditions:
(1)
A preemployment drug and alcohol test may be administered to all
applicants for employment.
(2)
A test may be administered in the event a supervisor has a reasonable
cause to believe that an employee has reported to work under the influence
or is or has been under the influence while on the job or has violated
this drug policy. During the process of establishing reasonable cause
for testing, the employee has the right to request his/her on-site
representative to be present.
(3)
Testing may be required if an employee is involved in a workplace
accident/incident or if there is a workplace injury.
(4)
Testing may be required as part of a follow-up to counseling or rehabilitation
for substance abuse for up to a one-year period.
(5)
Employees may also be tested on a voluntary basis.
B.
Each employee will be required to sign a consent and chain-of-custody
form, assuring proper documentation and accuracy. If an employee refuses
to sign a consent form authorizing the test, ongoing employment by
the Township will be terminated.
C.
Drug testing will be conducted by an independent accredited laboratory
(National Institute on Drug Abuse and/or College of American Pathology)
and may consist of either blood or urine tests, or both, as required.
Blood tests will be utilized for post-accident investigation only.
D.
The Township will bear the costs of all testing procedures.
A.
Employees are encouraged to seek help for a drug or alcohol problem
before it deteriorates into a disciplinary matter. If an employee
voluntarily notifies supervision that he/she may have to a substance
abuse problem, the Township will assist in locating a suitable employee
assistance program for treatment and will counsel the employee regarding
medical benefits available under the Township health and welfare insurance
program.
B.
If treatment necessitates time away from work, the Township shall
provide for the employee an unpaid leave of absence for purposes of
participation in an agreed upon treatment program. An employee who
successfully completes a rehabilitation program shall be reinstated
in his/her former employment status, if work for which he/she is qualified
exists.
C.
An employee returning to work after successfully completing the rehabilitation
program will be subject to drug tests without prior notice for up
to a period of one year. A positive test will then result in disciplinary
action as previously outlined in this policy and program.
The proper officials of the Township of Robinson are hereby
authorized and directed to do all things necessary to effectuate the
purpose of this article.
All ordinances and parts of ordinances inconsistent with the
terms of this article are hereby repealed; provided, however, that
such repeals shall be only to the extent of such inconsistency, and
in all other aspects this article shall be cumulative of the other
ordinances regulating and governing the subject matter covered by
this article.
If any section or provision or parts thereof in this article
shall be adjudged invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity of this article
as a whole or any other section or provision of the part thereof.
This article shall be in full force and effect from and after
its passage and publication as required by law.
