[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.
A.
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.
B.
Safety-sensitive activities include:
(1)
Any job that requires pulling a trailer behind a pick-up truck, Mason
dump and/or dump truck.
(2)
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.
(3)
Any job that requires the operation of heavy machinery, including
but not limited to excavation and trenching machines, backhoes, trackhoes,
loaders and riding tractors.
(4)
All vehicle-maintenance personnel.
(5)
All road resurfacing activities that involve the patching of any
roadway surfaces that are open to vehicular traffic.
(6)
The operation of snow plows and motorized snow removal devices.
C.
Each employee covered under this policy will be required to participate
in random drug testing upon selection or request of management.
A.
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.
B.
Drugs. Testing for the presence of drugs will be conducted by analysis
of urine.
C.
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.
D.
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.
A.
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.
B.
The appropriate authority means the Township Administrator or Department
Head.
C.
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.
