[Ord. No. 35-4, Preamble]
The City of Linden is an employer of holders of commercial drivers
licenses ("CDL"); and recent laws and regulations adopted by the United
States Government require that all employers of drivers who hold a
CDL are subject to certain rules, regulations and requirements regarding
drug and alcohol testing and that all employers of same must institute
such programs. The City Council of the City of Linden ("Council"),
after reviewing such rules and regulations, has determined that it
is in t he best interest of the City as an employer, and to protect
the health, safety and welfare of the citizens and the employees of
the City to institute a drug and alcohol policy for all employees
of the City of Linden. The Council deemed this policy necessary as
all City employees deal on a daily basis with members of the public,
operate machinery and equipment, including City vehicles, and undertake
other tasks which if conducted under the influence of drugs or alcohol
may result in injuries to the employees and/or members of the public.
Council, after reviewing and giving due consideration to Federal laws
and regulations regulating the stet of a CDL, and other Federal, State
and local laws regarding the rights of employees has deemed it is
in the best interest of the employees and the public, that the City
of Linden adopt a comprehensive drug and alcohol policy for all employees,
and that the policy as it applies to the CDL holder comply with the
laws and regulations of the United States Government.
[Ord. No. 35-4 § 1]
The drug and alcohol policy attached hereto as Exhibit A is
hereby enacted as the official policy of the City of Linden concerning
all employees, and this policy shall apply as the minimum standard
for all employees as set forth therein.
[Ord. No. 35-4 § 2]
To the extent that any policies, procedures, rules, regulations
and standards currently in effect governing any employee of the City
of Linden, including members of the Police and Fire Departments, provides
for a stricter standard than set forth in the drug and alcohol policy
which is attached hereto, those standards shall be applied to those
employees in accordance with current policy and practices of each
Department.
[Deleted by Ord. No. 59-35]