[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:
An initial drug screen used to detect the presence of drugs
through the presence of metabolites.
The intoxicating agent in beverage alcohol, ethyl alcohol,
and/or other low-molecular-weight alcohols, including, but not limited
to, methyl and isopropyl alcohol.
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.
The drinking or swallowing of any beverage, liquid mixture
or preparation (including any medication) containing alcohol.
A confirmation test result received by a medical review officer
(MRO) (see definition below) from a laboratory.
Those substances identified as, but not limited to marijuana
(THC Metabolite), cocaine, amphetamines, opiates (including heroin)
and phencyclidine (PCP).
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.
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.
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.
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.
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.
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.
In alcohol testing, an analytical procedure
to determine whether an employee may have a prohibited concentration
of alcohol in a breath or saliva specimen.
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.
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.
(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:
(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.
(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
(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:
(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:
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.
(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.
