[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor 10-13-2011 by Ord. No. 2011-12. Amendments noted where applicable.]
In an effort to promote and maintain a safe, healthful, productive and efficient environment and workplace for all employees and the public which they serve, the Township adopts a policy against drug and alcohol abuse. The Township has established a random drug testing policy for all safety-sensitive employees that balances our respect for the privacy of individuals with the public interest in ensuring that workers performing safety-sensitive job functions are drug and alcohol free.
The persons to whom this policy applies and affects are all employees in the Township who are involved in employment activities which can be classified as "safety-sensitive." These duties are defined as those that are so fraught with hazard that an employee's attempts to perform them while in a state of drug impairment would pose a threat to coworkers or the public at large.
Safety-sensitive activities include:
Any job that requires pulling a trailer behind a pick-up truck, Mason dump and/or dump truck.
Any job that requires the operation of riding law equipment or manpowered equipment including but not limited to lawn equipment, chain saw and pole saw.
Any job that requires the operation of heavy machinery, including but not limited to excavation and trenching machines, backhoes, trackhoes, loaders and riding tractors.
All vehicle-maintenance personnel.
All road resurfacing activities that involve the patching of any roadway surfaces that are open to vehicular traffic.
The operation of snow plows and motorized snow removal devices.
Each employee covered under this policy will be required to participate in random drug testing upon selection or request of management.
To ensure the accuracy and fairness of our testing program, all drug testing will include a screening test, a confirmation test, review by a Medical Review Officer, and an opportunity for the employee who tests positive to provide a legitimate medical explanation for the positive result or to the conduct of a hearing to contest the positive results.
Drugs. Testing for the presence of drugs will be conducted by analysis of urine.
Alcohol. Testing for the presence of alcohol will be conducted by analysis of breath following the federal CDL standards. The Federal Motor Carrier Safety Administration (FMCSA) has established 0.04% as the blood alcohol concentration (BAC) level at or above which a CDL licensee is deemed to be driving under the influence of alcohol and subject to disqualification sanctions.
Confidentiality. All drug testing information will be maintained in separate, confidential records.
The substances that will be tested for are: alcohol, amphetamines, cannabinoids (THC), cocaine, opiates, phencyclidine (PCP), barbituates, benzodiazepines, methaqualone, methadone and propoxyphene.
If an employee's test results are positive, the employee is subject to disciplinary action by the appropriate authority up to and including termination of employment.
The appropriate authority means the Township Administrator or Department Head.
An employee will be subject to the same consequences of a positive test if he or she refuses the screening or the test, adulterates or dilutes the specimen, or substitutes the specimen with that of another person, will not sign the required forms or refuses to cooperate in the testing process in such a way that prevents the completion of the test.