Drug-Free Workplace

Read them, use them, print them out. If you find this service useful, please contact General Code Publishers to discuss our Sample Legislation Service for clients and our GCP Samples Legislation Libraries available to everyone.

The use of drugs in the workplace is an increasingly serious problem in our society. It not only cuts down on productivity but raises some very serious liability issues. Many municipalities have responded by adopting legislation providing for regular drug testing, especially for those holding and applying for commercial drivers’ licenses. These ordinances regulate under what conditions testing is allowed, mandatory suspicion testing, how to respond to a refusal to be tested, and how to establish an Employee Assistance Program. They also provide guidelines on how to respond to positive test results. If your municipality would like to regulate drug use and testing, not only to establish a safe and healthful work environment but to comply with drug-free workplace requirements imposed by federal contract regulations, read on...

West Seneca, T. NY: Ch. 25, Art. IV

Winthrop, T. MA: Ch. 247, Art. I

Murrysville, PA: Ch. 102, Art. I

Long Branch, C. NJ: Ch. 75, Arts. III and IV

Return to top menu

West Seneca, T. NY

§ 25-17. Drug-free awareness program.

1. All employees are strongly encouraged to learn more about the problems of substance abuse, including the serious threat it poses to health and safety, the dangers of substance abuse in the workplace, how to spot the signs of dependency and abuse and the professional services that are available to help deal with the problems of dependency and abuse.
2. The town will try to assist this process by providing information on these topics, including information about community agencies, clinics and hospitals that provide education, counseling, rehabilitation and other services to assist persons who have substance abuse problems. The town may also schedule educational presentations from time to time which employees at the various locations will be invited or required to attend.
3. The town will train supervisory and other personnel on topics including:

(1) Alcohol and drug abuse recognition, symptoms and effects.

(2) Methods of identifying employees who may be under the influence of alcohol and/or drugs.

(3) Safety aspects of alcohol and drug problems in work and social environments.

4. Employees who have suggestions for improving our drug-free awareness program or who want further information about these issues, should see the Town Supervisor.

§ 25-18. Drug-free workplace policy.

1. One of the town's primary objectives is to provide a safe, healthful and productive working environment for all of our employees. This means that all employees must be in suitable mental and physical condition at all times while working for the town. Our work environment and our employees must be completely free of substance abuse and its harmful and dangerous effects.
2. The town is establishing this policy in order to comply with drug-free workplace requirements imposed on us by federal contract regulations. All town employees are on notice that they must strictly comply with the rules set forth in this policy.
3. If an employee has a substance abuse problem which could put him or her in conflict with these policies or any other town rules, the employee must do whatever is necessary to resolve the problem. The town would prefer not to dictate employees' private lifestyle choices, but we cannot permit anyone's involvement with drugs to affect our other employees, our residents or the town's legal standing with the federal government.
4. The town recognizes substance dependency as a health problem and will provide information about this issue in an effort to help employees to avoid this problem or seek professional treatment if needed. However, it is the responsibility of the individual employee to obtain whatever assistance may be needed to control a substance abuse problem and keep drugs and alcohol out of the work environment.
5. Any questions about this policy should be referred to the Town Supervisor.

§ 25-19. Drug-free workplace rules.

1. Any unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or other illegal drug in the workplace or while on town business away from the workplace is strictly prohibited.
2. If any employee is convicted under a criminal drug statute (including a plea of nolo contendere) for a violation that occurred in the workplace or while on town business away from the workplace, the employee must notify the town no later than five days after the conviction. The notification must be given in writing to the Town Supervisor.
3. Any consumption, possession or use of alcoholic beverages in the workplace or while on town business away from the workplace is prohibited.
4. Reporting to work or working under the influence of a controlled substance, illegal drug or alcohol is prohibited.
5. Reporting to work with a controlled substance in the employee's system is prohibited.
6. The foregoing rules are conditions of employment in any program funded through a federal contract or grant. All employees agree to comply with these rules as a condition of their continued employment in such programs. Any violation of these rules will be dealt with by disciplinary measures or required participation in a substance abuse rehabilitation program.

Return to top menu

Winthrop, T. MA

[HISTORY: Adopted by the Board of Selectmen of the Town of Winthrop as indicated in article histories. Amendments noted where applicable.]

Alcoholic beverages -- See Ch. 9.

§ 247-1. Drug and alcohol policy.

§ 247-2. Cause for discharge.

§ 247-3. Drug Free Workplace Act; provisions.

1. The unlawful manufacture, distribution, dispensation, possession or use, including being under the influence, of a controlled substance (or of alcohol) is prohibited. Employees are further prohibited from engaging in any of those activities while on duty even though not physically present in one of the town locations normally associated with performance of that job.
2. Off-the-job illegal drug use or excessive use of alcohol that could adversely affect an employee's job performance or which jeopardizes the safety of self, others, equipment or property is also prohibited.
3. Any employee who engages in one or more of the above prohibited activities will be subject to serious discipline up to and including discharge.

§ 247-4. Intent.

Return to top menu

Murrysville, PA

§ 47-67. General statement of policy.

§ 47-68. Statement of general objectives.

1. Ensuring that the workplace is free from the effects of drug and alcohol use.
2. Establishing effective means to detect and deal with drug and alcohol abuse while respecting rights of municipal employees.
3. Complying with applicable federal and state laws and regulations.

§ 47-69. Regulations concerning use, possession or distribution of alcohol or prohibited substances.

1. No employee of the municipality shall use, consume, possess, sell, distribute or receive alcohol and/or illegal drugs or substances at any time or at any place while engaged in the course of his or her employment. No employee of the Municipality of Murrysville shall distribute or sell prescription drugs at any time or at any place while engaged in the course of his or her employment. Violation of these rules by an employee shall subject the employee to discipline, up to and including discharge, subject to applicable provisions and procedures of a collective bargaining agreement. Illegal drugs and prohibited substances shall include prescription medication for which the employee does not have a valid prescription.
2. The Municipality of Murrysville reserves the right, upon reasonable suspicion or other good cause, to search municipal property situated upon its premises and made available for use by its employees.
3. Any employee refusing to consent or cooperate with a reasonable search or investigation will be relieved of duty and removed from municipal property or workplace and will be subject to discipline, up to and including discharge, for insubordination.
4. Prescription drugs and medications should be kept in their original container identifying the drug, dosage, date of prescription and physician. Employees shall notify their foreman or supervisor if they are taking prescription medications which might impair the employee's working ability or alertness.
5. Employees are also expected not to engage in any off-duty or off-premises drug-or alcohol-related conduct which may affect their work performance.
6. No employee shall be under the influence 0.02% of alcohol or of any prohibited substance at any time or at any place when engaged in his or her employment. Violation of this rule shall subject the employee to discipline up to and including discharge, as set forth in Subsection A above.

§ 47-70. Adoption of DOT regulations mandating drug and alcohol testing.

§ 47-71. Mandatory drug and alcohol testing required.

§ 47-72. Types of drug and alcohol testing.

1. Preemployment testing. All applicants for employment positions with the municipality shall be tested for alcohol and drugs prior to commencing employment with the municipality. A driver applicant testing positive for alcohol or drugs will not be considered for employment with the municipality.
2. Random testing. Each year commencing in 1996, the municipality shall use a random process based upon social security numbers to select at least 50% of its employees holding commercial driver's licenses (CDL drivers), who shall be tested for the use of controlled substances. This shall be administered by a third party. Additionally, at least 25% of municipal CDL drivers shall be randomly tested for alcohol use in the first year of this policy. The annual alcohol testing rate in future years shall, under DOT regulations, be based upon the percentage of violations (defined as alcohol tests 0.04% or greater and refusals to test) in the preceding year, such rate to be either 10%, 25% or 50%. Drivers selected on a random basis for drug abuse testing shall be required to supply a urine sample. Drivers selected on a random basis for alcohol testing shall be required to undergo breath alcohol testing. Notification of random testing will be given to employees immediately prior to the testing; should an employee not be present at the time he or she is selected, notification will be given to the employee upon his or her return to the workplace.
3. Periodic testing. Should annual or periodic medical examinations of CDL drivers become mandatory, the municipality will test each driver for drug and/or alcohol use during such annual or periodic medical examinations.
4. Reasonable suspicion testing. Reasonable suspicion testing shall be conducted when a trained supervisor observes behavior or appearance of an employee subject to this policy which is characteristic of drug or alcohol misuse. Conduct giving rise to reasonable suspicion under this subsection must be witnessed by two supervisors of the employee who have received training in detection of probability of drug or alcohol use by observation of a person's behavior. However, if only one supervisor is available, only that supervisor need witness the conduct.
5. Mandatory post-accident testing. Drivers shall be subject to drug and alcohol testing as soon as is practicable after a commercial vehicle accident. For purposes of this subsection, an accident is defined as a collision involving either a fatality; bodily injury to any person which requires that person to be transported from the collision scene for medical treatment; damage to any vehicle which requires that vehicle to be towed from the scene; or the driver's receipt of a citation for a moving violation of state or local law arising from the collision. In no case shall an alcohol test required under this subsection be conducted later than eight hours after the collision, nor shall a drug test required under this subsection be conducted later than 32 hours after the collision. No driver subject to testing under this subsection shall consume alcohol from the time of the incident until such time as the tests required have been conducted. If, as a consequence of a collision, a CDL driver is seriously injured and cannot provide a specimen at the time of the collision as set forth above, the employee must provide the necessary authorization to the municipality to obtain hospital records and other documents which would indicate whether there were any prohibited substances or alcohol in the employee's system at the time of the collision and/or post-collision testing.
6. Follow-up testing. Any CDL driver who has returned to duty after a positive alcohol or drug test shall be subject to unannounced follow-up drug and alcohol testing for a period of up to 60 months following the employee's return to duty. A minimum of six unannounced follow-up tests must be conducted in the first 12 months after the employee returns to duty, and the Mayor or designee may require unannounced follow-up tests continuing for a period up to 60 months following the employee's return to duty.
7. Return to duty testing. Should the municipality offer a CDL driver reemployment or a return to duty after the CDL driver has been referred to an alcohol and/or substance abuse professional for treatment and the CDL driver has participated in all recommended treatment, the CDL driver shall be tested for alcohol and prohibited substances prior to being returned to duty and, to be eligible to return to duty and employment, the CDL driver must test negative for both alcohol and prohibited substances.

§ 47-73. Prompt submission for testing.

§ 47-74. Refusal to test and uncompleted tests.

1. Refusal by an employee to submit to drug and alcohol testing required under this policy shall subject the employee to discipline, up to and including discharge at the discretion of the Mayor.
2. Refusal by an employee to submit to testing required under this policy shall be deemed to include any act or omission which prevents, thwarts or frustrates the objectives of this policy and the requirements imposed under DOT regulations, included but not limited to the following: refusal to submit in timely fashion to testing as required under this policy; refusal or failure by the employee to complete, sign or initial the required breath alcohol testing form; refusal or failure without good cause to provide breath; refusal or failure without good cause to provide an adequate amount of breath to allow proper testing; and/or failure or refusal to otherwise cooperate with the testing process in a way which prevents the completion of the test.
3. In accordance with 49 CFR 40.69, should the municipality be advised that a CDL employee has attempted and failed to provide an adequate amount of breath, the Chief Administrator or his/her designee shall direct the employee to obtain, as soon as practical after the attempted provision of breath, an evaluation from a licensed physician who is acceptable to the Board, concerning the employee's medical ability to provide an adequate amount of breath.

(1) If the physician determines, in his or her reasonable medical judgment, that a medical condition has or, with a high degree of probability, could have precluded the employee from providing an adequate amount of breath, the employee's failure to provide an adequate amount of breath shall not be deemed a refusal to take a test. The physician shall provide to the municipality a written statement of the basis for his or her conclusion.

(2) If the licensed physician, in his or her reasonable medical judgment, is unable to make the determination set forth above, the employee's failure to provide an adequate amount of breath shall be regarded by the municipality as a refusal to take a test, in which event the employee shall be subject to discipline up to and including discharge for refusal to submit to testing. The licensed physician shall provide to the municipality a written statement of the basis for his or her conclusion.

§ 47-75. Testing forms prescribed.

§ 47-76. Precautionary measures.

1. Should an employee's behavior or appearance suggest to his or her supervisor misuse of alcohol or prohibited substances and a test cannot be administered immediately, the employee shall be removed from performing safety-sensitive duties for at least eight hours, and for 24 hours in the case of CDL drivers.
2. Employees who have any alcohol concentration (defined as 0.02% or greater) in their breath when tested just before, during or after performing safety-sensitive functions shall be removed from performing such duties for eight hours and, in the case of CDL drivers, for at least 24 hours, or until another breath test is administered and the result is less than 0.02%.
3. Should a CDL driver's test results be positive for alcohol and/or drugs, the employee shall not engage in the following activities until such time as the employee submits to another test which indicates the absence of alcohol and prohibited substances in the employee's system: operate commercial vehicles, load or unload commercial vehicles, ride in a commercial vehicle or repair a commercial vehicle.

§ 47-77. Notification of test results.

§ 47-78. Cautionary measures regarding prescriptions.

§ 47-79. Effects of positive test results.

§ 47-80. Maintenance of records.

1. All records relating to administration and results of the municipal alcohol and drug testing program shall be maintained by the municipality for a minimum of five years, subject to the requirements of 49 CFR 40.83.
2. The municipality shall retain a Medical Review Officer who shall be a licensed doctor of medicine or osteopathy with knowledge of drug abuse disorders, to interpret results of alcohol and drug testing in accordance with DOT regulations.
3. The Chief Administrator shall be the sole custodian of individual test results and shall retain reports of test results for a minimum of five years.
4. The Chief Administrator shall retain in a CDL driver's personnel file information indicating only the following: that the employee submitted to a drug and/or alcohol test; the date of such test; the location of such test; the identity of the person or entity performing the test; and whether the test finding was "positive" or "sub-negative."
5. The Chief Administrator shall also maintain on a calendar year summary of the records related to the administration and results of the testing program for its drivers under DOT regulations.

§ 47-81. Confidentiality of records.

§ 47-82. Employee Assistance Program (EAP).

1. The Municipality of Murrysville shall establish an Employee Assistance Program which shall include the following:

(1) An educational and training component for drivers, addressing alcohol and controlled or prohibited substances.

(2) An educational and training component for supervisory personnel, addressing alcohol and controlled substances.

(3) A written statement on file and available for inspection, outlining the Municipal Employee Assistance Program.

2. The Employee Assistance Training Program for all CDL drivers and supervisory personnel will consist of at least 60 minutes of training, and the training program shall include the following elements:

(1) Effects and consequences of alcohol and/or controlled substance use on personal health, safety and the work environment.

(2) The manifestations and behavioral causes that may indicate alcohol and/or controlled substance use or abuse.

(3) Documentation of training given to drivers and supervisory personnel.

§ 47-83. Noncontractual arrangement.

§ 47-84. Reservation of rights.

§ 47-85. Limitations and severability.

§ 47-86. Purpose.

§ 47-87. Statement of policy.

1. It is the policy of the Municipality of Murrysville that they will provide a drug-free workplace by publishing a statement that employees will not distribute, possess or use a controlled substance in the workplace; a drug-free awareness program has been established to inform employees about the danger of drug abuse, available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for workplace drug abuse violations; that compliance with the policy is a condition of employment; employees must notify the municipality of any criminal drug conviction for a workplace violation within five days; the municipality will take appropriate action including termination of any employee who is convicted of using drugs in the workplace; and the municipality will make a good faith effort to continue to maintain a drug-free workplace.
2. The municipality upon learning of an employee's criminal drug offense conviction will be provided, within 10 days, a written notice of the conviction. The municipality will then take appropriate action against the employee, which might include firing the employee. Termination, however, is not mandatory and less stringent disciplinary action is permitted. The regulations provide that any personnel action must be consistent with Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in programs receiving federal financial assistance.

Return to top menu

Long Branch, C. NJ

§ 75-27. Purpose.

§ 75-28. Authority.

§ 75-29. City policy.

1. It is the responsibility of employees to maintain personal health so they are physically and mentally capable of performing in the workplace. The abuse of drugs and/or alcohol is an unsafe and counterproductive practice which will not be tolerated for any city employees by the city. NOTE: In this policy, the terms "abuse" and "substance abuse" will be used to mean the use or abuse of or dependency on illegal drugs, alcohol or drugs that can be prescribed but are used in a manner inconsistent with the prescription.
2. Any city public works employee reporting for work and found to be under the influence of alcohol or drugs or using drugs or alcohol while at work or in possession of, manufacture of, selling, offering for sale, trading or providing illegal drugs or alcohol will be subject to disciplinary action, up to and including termination. This policy is in effect for all employees while on city property, which includes the parking lots, or while engaged in city business. The sale, possession, manufacture, distribution, dispensation, use or purchase of prohibited drugs and/or alcohol on city property or while conducting city business is prohibited. City property includes all areas in which the city operates its equipment, city-owned or city-leased property, as well as all city/employee-owned vehicles in use on city property, lockers, desks, equipment, work space and storage facilities. (City-sponsored activities which may include the responsible service of alcoholic beverages are not included in this provision, provided that abuse does not occur.)
3. In an effort to ensure that the city is an alcohol- and drug-free workplace, a drug and alcohol testing program will be in effect for all employees. This program will provide for pre-employment, post-accident testing, reasonable suspicion, return-to-duty and follow-up testing. The city has retained a Medical Review Agency (hereinafter referred to as the "MRO/Agent") to manage and administer the testing program.
4. Any employee reporting for work impaired and unable to properly perform required duties will not be allowed to work. If possible, the supervisor will first seek another supervisor's opinion of the employee's status. Also, where applicable, the supervisor will subsequently consult privately with the employee about the observation. If, in the opinion of the supervisor, the employee is considered impaired, the employee will be required to be tested for alcohol and illicit substances, depending on the supervisory determination of the observed impairment. (Under no circumstances should an impaired employee be allowed to drive.)
5. Prescription drugs prescribed by the employee's physician may be taken during working hours. The employee is required to notify the supervisor if the use of properly prescribed prescription drugs may adversely affect the employee's work performance. The abuse of prescription drugs will not be tolerated.
6. The city will provide an Employee Assistance Program (EAP) for its employees and supervisory personnel, which will include a program of education and training on the effects of drug/alcohol abuse. The EAP/MRO/Agent/City will make available to all employees informational material related to the cause and effects of substance abuse and additionally will provide a community service hot-line telephone number, which can be used by employees whenever assistance is required. Supervisory personnel who will be in a position to determine whether an employee must be drug/alcohol tested, pursuant to the policies herein, will receive a minimum of one hour of training on the specific physical, behavioral and performance indicators of probable drug/alcohol abuse. It is the responsibility of the employees to seek assistance from the EAP before drug/alcohol problems lead to violations of policy and/or disciplinary action.
7. The city further has determined to take action against employees who unlawfully use, distribute or possess alcohol, drugs and/or controlled substances during or outside assigned working hours in order to prevent illegal activities and to protect employees, the public and the city and its property from any danger which may result from the illegal use of alcohol, drugs and/or controlled substances.
8. The city has further determined that it will not employ or use the services of any employee who refuses to be tested for drugs/alcohol and will discipline any employee who fails a drug/alcohol test, which may include termination of services.
9. All employees are required to acknowledge, in writing, the policy as a condition to initial/continued employment.

§ 75-30. Definitions.

EMPLOYEE -- A person employed by the city in any salaried capacity or any volunteer whose job responsibility involves public safety (volunteer fire fighters for example).

FAIL A DRUG/ALCOHOL TEST -- The confirmation test result shows a positive evidence of the presence of a prohibited or legal drug/alcohol in an employee's system.

LEGAL DRUGS -- Includes prescribed drugs and over-the-counter drugs which have been legally obtained and are being used as directed and for the purpose for which they were prescribed or manufactured.

PROHIBITED DRUGS -- Any of the following substances specified in Schedules I and II of the Controlled Substances Act, 21 U.S.C. § 801.812 (1981 and 1987 CUM.P.P) as amended and revised, as well as marijuana, cocaine, opiates, amphetamines, narcotic, phencyclidine (PCP) or any other habit-forming drug, except where prescribed by a licensed medical practitioner. This exception applies only when the substance is used by the individual to whom the drug was prescribed or authorized. The schedule of drugs includes, but is not limited to, opiates, opium derivatives, hallucinogenic substances, depressants and stimulants.

§ 75-31. Pre-employment testing.

1. All prospective employees selected for a position or authorized as a volunteer employee by an agency of the city will be required to undergo a post-offer, pre-employment test for the presence of alcohol and illicit drugs. Receipt by the city of a negative test result shall be required prior to engaging in any employment. A positive test result will disqualify an individual from further consideration of employment with the city.
2. Failure to keep an appointment with the Agent, which was previously agreed to by both the prospective employee and the Agent, will be viewed as an attempt to elude the testing or alter its results. No further consideration for employment will be given the prospective employee at that time or in the future. The drug test will be in accordance with Appendix D, which is attached hereto.

§ 75-32. Reasonable suspicion testing/employee physical.

1. All employees are subject to a fitness-for-duty evaluation, to include urine and breath testing, when there is reasonable suspicion to believe that the employee is in violation of this policy. A reasonable cause referral for testing will be made on the basis of documented, objective facts and circumstances which are consistent with the long- and short-term effects of substance abuse.
2. Examples of reasonable suspicion include, but are not limited to, the following:

(1) Physical signs and symptoms consistent with substance or alcohol abuse.

(2) Evidence of the manufacture, distribution, dispensing, possession or use of controlled substances, alcohol or drugs.

(3) See also Appendix C, which is attached hereto.

3. Reasonable cause testing determinations will be made by a supervisor or any other city official who is trained to detect the signs and symptoms of drug and alcohol use and who can reasonably conclude that an employee may be adversely affected or impaired in his/her work performance due to substance abuse. If another supervisor or any other city official is immediately available, he/she will verify that there is reasonable cause before the employee is transported to the Agent's facility. At no time will this determination be made on the basis of third-party reports without verification.

NOTE: Employees are cautioned that various over-the-counter and prescribed medication can adversely affect the ability to operate vehicles and other equipment. It is the employee's responsibility to report to work each day fit for his or her duties.

4. Employees who are deemed to require a fitness-for-duty evaluation based on reasonable cause will be sent to a health facility of the city's choice. The attending physician will make every attempt to determine the cause of the observed behavior, including authorizing, when his/her medical opinion dictates, an additional alcohol or drug test. Employees will be placed on unpaid medical leave of absence until the results of the examination are received by the city. Receipt of a negative drug test result and/or doctor's statement that the employee was and is fit for duty is required prior to continued employment. Employees who are returned to duty by this means will be reinstated without prejudice and without loss of pay.
5. Employees who are medically determined to be temporarily unfit to perform their duties, but who test negatively for alcohol or drugs, will be returned to duty when they obtain the original examining doctor's written statement that they are fit for duty.
6. Employees may be required by the city to undergo a physical examination, which can include urine and/or blood testing for drugs/alcohol. Such testing shall be done by a designated Agent of the city, who shall follow the procedures set forth in this policy.
7. Employees may be required by the city, at any time, to undergo a physical examination, which can include urine and/or blood testing for drugs/alcohol. Such testing shall be done by a designated Agent of the city, who shall follow the procedures set forth in this policy.

§ 75-33. Post-accident testing.

1. Any employee involved in an accident will be required to submit to a post-accident alcohol and drug test if:

(1) The driver involved in an accident received a citation for a moving violation;

(2) There is a fatality as a result of an accident;

(3) The accident meets the Department of Transportation criteria for an accident that requires such testing; and/or

(4) Any accident involving a city vehicle.

2. When a post-accident test is indicated, the city will make every effort to have said test performed within two hours of notification of the accident. At no time will a period of more than eight hours transpire between notification and testing. Documentation of the entire post-accident procedure should be made by all personnel involved in the notification and testing process.
3. Receipt by the city of a negative alcohol and drug test result is required prior to return to duty. A positive test result may disqualify an employee from further employment or reinstatement at that time or any time in the future and subject the employee to disciplinary action, up to and including termination.

§ 75-34. Return-to-duty testing.

1. Any employee who tests positive for alcohol or illicit substances will not be permitted to return to work, where applicable, until he/she has met the following:

(1) The employee must be evaluated by a substance abuse professional. This professional must meet the criteria outlined in the Department of Transportation's Alcohol and Drug Rules for Substance Abuse Professionals.

(2) The employee must comply and complete all recommendations made by the substance abuse professional and be able to document the same.

(3) The employee must submit to a return-to-duty test, and a proof of a negative test result must be received by the city.

2. When the employee is cleared to return to work, he/she will be required to pass an alcohol and drug test. Upon receipt of a negative finding, if an employee is allowed to return to work, he/she will be subject to follow-up testing as required by law and this policy. The cost of the follow-up testing will be equally split between the city and the employee.
3. All employees are entitled to voluntarily participate in the Employee Assistance Program. However, if there is a positive test result, participation in the Employee Assistance Program or an alternate program approved by the city shall be a prerequisite to continued employment. Refusal to enroll in a program or to complete a full course of rehabilitation shall be cause for immediate termination of services. A positive alcohol test is one with a level of .040 or greater. Employees with a pattern of readings between .020 and .039 will also be subject to enrolling in a mandatory counseling program.
4. In addition to completing a required course of rehabilitation, employees shall be subject to the following discipline(s):

(1) Following the confirmation of a positive test, there shall be a minimum five-day suspension without pay. In the case of an alcohol test result between .020 and .039, the penalty would be a suspension for the remainder of that day's work shift unless a pattern of this type of abuse has developed. In either case, the suspension(s) shall also remain in full force and effect until there is a negative retest provided to the city through a certified laboratory (all costs of testing to be borne by the employee), but failure on the part of the employee to present a negative test result within six weeks from the original incident date shall automatically result in termination of services. After two weeks, the city reserves the right, for reasons of operational efficiency, to fill the suspended employee's position and, in such case, the suspended employee would be entitled to the next available opening, provided that all other conditions (rehabilitation and positive test result) are met.

(2) Employees found to be in violation of this policy (confirmation of a positive drug/alcohol test) on a second occasion will be immediately dismissed.

§ 75-35. Follow-up testing.

§ 75-36. Testing procedures.

§ 75-37. Drug testing.

1. All drug testing required by the city for its employees will be performed as follows:

(1) Drug testing is by urinalysis using split samples. Split-sample testing requires the specimen be divided into two separate bottles during the collection process. These two bottles are designated as: the primary specimen, which shall contain no less than 30 milliliters of urine; and the split specimen, which shall contain no less than 15 milliliters of urine. Upon arrival at the laboratory, the primary specimen will be opened and tested. In the first screening test, immunoassay techniques are used to screen urine specimens for classes of drugs. In the second or confirmation test, any positive results found in the first screening will be confirmed using the tandem technique of gas chromatography/mass spectrometry (GC/MS), which positively identifies and quantifies the presence of specific drugs. No test result will be reported by the laboratory to the Medical Review Officer (MRO) as a positive drug test result unless both the initial screening test and the confirmation test are positive.

(2) The laboratory shall report the test results to the Medical Review Officer (MRO), who shall evaluate the chain of custody, urine custody form and test results.

2. The MRO will perform the following duties for the city:

(1) The MRO will review the results of each drug test before it is reported to the city.

(2) The MRO will review and interpret each confirmed positive test result in the following manner to determine whether or not there is an acceptable medical explanation for the confirmed positive result:

(a) The MRO will conduct a medical interview with the employee, either in person or by phone.

(b) The MRO will review the employee's medical history and relevant biomedical factors.

(c) The MRO will review medical records made available by the employee to determine if a confirmed positive result could be attributed to the use of legally prescribed medication.

(d) The MRO will require, if it is deemed necessary, that the original specimen be reanalyzed.

(e) The MRO will verify that the laboratory report and assessment are accurate.

(f) If the MRO determines that there is a legitimate medical explanation for the confirmed positive result, he will take no further action other than informing the city of his determinations that the test result is negative.

(3) If the MRO verifies that a confirmed positive test result is scientifically sufficient and that there is no legitimate medical explanation for the confirmed positive result, the MRO shall immediately contact the city's designated representative (who will instruct the employee's supervisor to immediately suspend the employee pending management review and determination of appropriate action) and the employee.

(4) The MRO will determine whether and when a rehabilitated employee may return to work.

(5) The MRO will determine a schedule of post-rehabilitation testing, after consulting with the city's designated representative, for an employee returning to work after rehabilitation.

(6) The MRO will ensure that an employee is tested in strict compliance with the applicable procedures before an employee may return to work after rehabilitation.

(7) If the MRO so determines, based upon a review of laboratory inspection reports, quality assurance and quality control data and other drug test results, that a particular drug test result is scientifically insufficient, the MRO will conclude that the test is negative, and no further action shall be taken. The MRO may request a reanalysis of the original specimen prior to making this determination. The MRO may request the reanalysis be performed by the same laboratory or that an aliquot of the original specimen be sent for reanalysis to an alternate laboratory certified by the United States Department of Health and Human Services (DHHS). The laboratory shall assist the MRO in making his/her determination by having its personnel available to the MRO for consultation upon request by the MRO.

(8) Reporting and review of results.

(a) Review by MRO. The MRO will review all test results prior to the transmission of results to the city to consider possible alternate medical explanations for confirmed test results. The MRO shall have the qualifications and responsibilities, including those pertaining to the investigation, confirmation and communication of verified positive and negative test results and the disposition of scientifically insufficient test results, as set forth in the Medical Review Officer section of this plan.

(b) Positive test results.

[1] If, after making all reasonable efforts and documenting them, the MRO is unable to reach the individual directly, the MRO shall contact the city's designated representative, who shall direct the individual to contact the MRO as soon as possible. The city's designated representative shall employ procedures that ensure, to the maximum extent practicable, the requirement that the employee contact with the MRO is held in confidence.

[2] If, after making all reasonable efforts, the city's designated representative is unable to contact the employee, the MRO may place the employee on temporary, unpaid leave.

[3] The MRO may verify a test as positive without having communicated directly with the employee about the test in three circumstances:

[a] The employee expressly declines the opportunity to discuss the test;

[b] The city's designated representative has successfully made and documented a contact with the employee and instructed the employee to contact the MRO, and more than five calendar days have passed since the date the employee was successfully contacted by the designated employer representative; or

[c] Other circumstances provided for in applicable testing regulations.

[4] Under the split-test method, and if the employee so chooses the split-test method, such test may be conducted; and if there is a positive result, the provisions/procedures of this section shall apply.

[5] If a test is verified positive under the circumstances specified in this section, the employee may present to the MRO information documenting that serious illness, injury or other circumstances unavoidably prevented the employee from timely contacting the MRO. The MRO, on the basis of such information, may reopen the verification, allowing the employee to present information concerning a legitimate explanation for a confirmed positive test. If the MRO then concludes that there is a legitimate explanation, the MRO may declare the test to be negative.

[6] Following verification of a positive test result, the MRO shall refer the case to the city's designated representative for other rehabilitation or administrative action.

(c) Verification for opiates. Before verifying a confirmed positive test result for opiates, the MRO shall determine that there is clinical evidence, other than or in addition to the urine test, of unauthorized use of any opium, opiate or opium derivative, unless confirmation testing for opiates confirms the presence of monoacetyimorphine.

(d) Authorized reanalysis. Only the MRO may order a reanalysis of the original primary specimen. The employee may submit a written request for a retest of the original specimen to the MRO for a reanalysis of the specimen within 60 days following the day the employee was informed by the MRO that he or she tested verified positive for drug use. The MRO shall then authorize the reanalysis at the city's expense.

(e) Disclosure of results. Except as provided in this section, the MRO shall not disclose to any third party medical information provided by the individual to the MRO as a part of the testing verification process.

[1] The MRO may disclose such information to the city, law enforcement officials or a physician responsible for determining the medical qualification of the employee, only if:

[a] In the MRO's reasonable medical judgment the information could result in the employee being determined to be medically unqualified; or

[b] In the MRO's reasonable medical judgment the information indicates that continued performance by the employee of his or her function could pose a significant safety risk.

[2] Before obtaining medical information from the employee as part of the verification process, the MRO shall inform the employee that information may be disclosed to third parties as provided in this subsection and the identity of any parties to whom information may be disclosed.

3. The city will not knowingly use as an employee any person who has failed a drug test (i.e., tested verified positive for use of prohibited drugs) and whose use of the prohibited drugs has been determined by the MRO to have no legitimate medical explanation. The city will not knowingly use as an employee any person who refuses to take a drug test as required pursuant to this policy and law.
4. The city will immediately remove the employee from his/her job as a result of a verified positive test and will suspend the employee pending management review and determination of appropriate action.

§ 75-38. Alcohol testing.

1. The city requires breath testing for alcohol. This testing must be done using an evidential breath-testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA). This testing can only be performed by a Breath Alcohol Technician (BAT) that is certified in the equipment being used.
2. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result, if less than 0.02 alcohol concentration, is considered a negative test, and no further testing is required. If the initial screening shows an alcohol concentration of 0.02 or greater, a second or confirmation test is required. The confirmation test must be taken 15 minutes after the initial screening. During that fifteen-minute period, the employee being tested is to remain with the Breath Alcohol Technician and must refrain from eating, drinking, smoking or belching. After the fifteen-minute waiting period, a second breath test will be performed. The results of the second test stand and become the official test result.
3. If the confirmation test result shows an alcohol concentration of 0.02 or less, the official test result is negative, and no action is required. If the result of the confirmation test is 0.02 or greater, action by the employer is required pursuant to earlier policies set forth herein.
4. As well as potential disciplinary actions, other initial employer response to breath-testing results that show an alcohol concentration of 0.02 or greater are as follows:

(1) If the tested employee's alcohol concentration is between 0.02 and 0.039, the regulations call for the removal of the employee for at least 24 hours and until a negative screen is revealed.

(2) If the tested employee's alcohol concentration is 0.04 or higher, he/she must immediately be removed from any duties until he/she has been evaluated by a substance abuse professional, has complied with any recommended treatment and has taken and passed a return-to-duty alcohol test (result must be less than 0.02). The employee is then subject to unannounced follow-up testing. (See § 75-35, Follow-up testing.)

(3) All other actions as set forth earlier in this policy.

5. Applicants and employees are expected to report for alcohol and drug testing as required by this policy and in accordance with city testing procedures. Employees are to report to work with no alcohol or illegal drugs in their bodies. Any refusal to submit to alcohol breath testing or urinalysis drug testing as directed by supervisory personnel will be considered a refusal-to-test and may subject the employee to disciplinary action up to and including termination.

§ 75-39. Confidentiality of test results.

§ 75-40. Quality assurance of testing program.

1. The city, through its agent, will take steps in its arrangements for testing to ensure that the laboratory is certified by the NIDA or other appropriate federal/state agency.
2. The chain of custody for any urine sample shall be maintained at all times. If the chain of custody is broken, after the tamperproof seal is applied, the employees shall be retested at the city's expense.
3. Any employee who receives a positive test result will have the right to ask the city's Medical Review Officer (MRO) to retest the sample at a NIDA-certified laboratory of the employee's choice at the employee' s expense. Employees whose sample is retested and the laboratory finds a negative finding will be reimbursed the cost of the test and returned to work.
4. The city, through its agent, will make every effort to ensure that the equipment being used for alcohol breath testing meets all the requirements of law, and all testing will be performed by a qualified Breath Alcohol Technician.

§ 75-41. Grounds for disciplinary action; inspection; applicability.

1. Any employee engaging in the manufacture, distribution, dispensing, possession or use of prohibited substances on city premises, in city vehicles or while on city business shall face disciplinary action, up to and including termination. Any manufacture, distribution, dispensing, possession or use of prohibited substances by any employee in any manner which affects the employee's job performance or which may cause the public or a governments or corporate body to lose confidence in the city's ability to perform its responsibilities shall result in disciplinary action, up to and including termination. Law enforcement officials could be notified, as appropriate, where criminal activity is suspected. Any employee convicted of violating a criminal drug statute or drunk driving law/statute must notify the designated city representative and the employee's supervisor within three calendar days of any such conviction.
2. Any employee who refuses to comply with a request for drug testing shall be considered as having produced a positive test result and shall be subject to disciplinary action, up to and including termination. Any employee who provides false information, in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration or substitution shall face disciplinary action, up to and including termination, for insubordination. In the event that the laboratory detects any substance which has been added to the sample to interfere with the normal testing process, this will be considered a refusal-to-test, and the same sanctions will apply.
3. The city reserves the right to inspect, investigate and search for controlled substances at any time, without prior notice, on or in any and all city premises and vehicles or other areas as set forth in this policy. All coolers are subject to inspection. Refusal to cooperate with any inspection, investigation or search that is authorized by a city representative or by a court of competent jurisdiction shall result in disciplinary action, up to and including termination.
4. This policy applies to all City of Long Branch employees, other than Public Works employees who are covered by their own agreement. Visitors, vendors and contractors are also governed by this policy while on city property or providing services to or for the city. Failure on the part of vendors or contractors to adhere to this policy will cause the city to cease to do business with that concern.

§ 75-42. Employees voluntarily seeking help.

1. The city strongly encourages an employee with a drug/alcohol abuse problem to voluntarily step forward to tell the city.
2. The city will assist in referring the employee to community assistance programs. An unpaid leave of absence will be granted for a reasonable period for treatment. Use of accumulated sick or vacation leave, where applicable and if approved by the employee's supervisor and the city's Business Administrator, may be granted on a case-by-case basis for treatment purposes.
3. It is crucial to note that the accommodations in this section apply only when an employee voluntarily comes forward. If a substance abuse problem is disclosed to the city only after there has been a positive drug test, a violation of a city rule or standard, a violation of law or a violation of this policy, the same conditions outlined in § 75-34A of this policy apply. If an employee fails to remain drug-free after the first voluntary rehabilitation, he/she shall be discharged.

§ 75-43. Training.

1. In an effort to educate employees in the dangers of drug use and the city's commitment to keeping drugs out of the workplace, each employee will receive information covering the dangers of substance abuse, the city's commitment to an alcohol- and drug-free workplace and the penalties for violation of this policy.
2. Supervisory employees will receive at least five hours of training on identifying those individuals who might be impaired by the use of drugs.

§ 75-44. Employee acknowledgment.

§ 75-45. Administration.

1. The city has designated _________________________ to administer this company's antidrug/alcohol program. It has contracted with ________________________________ or the collection and testing to be done under ___________________'s standard procedures, and for the employee awareness and supervisory training program as designed and administered by;

all as more particularly required by the city antidrug/alcohol program.

2. The Medical Review Officer and Drug/Alcohol Testing Laboratory shall be those entities utilized by _________________ in its contract with the city.

1. Alcohol concentration.

(1) No employee shall report for duty or remain on duty while having an alcohol concentration of 0.04% or greater, and no employer having actual knowledge that an employee has a concentration of 0.04% or greater shall permit an employee to perform or continue his/her duties.

(2) An 0.02 or greater means no functions can be performed for 24 hours and another negative screen is revealed to the employee's supervisor.

2. Alcohol possession. No employee shall be on duty or operate a motor vehicle while on duty with the city while possessing alcohol, unless the alcohol is manifested and transported as part of the shipment. No employer having actual knowledge that the employee possesses alcohol may permit the employee to drive or continue to drive a motor vehicle.
3. On-duty alcohol use. No employee shall use alcohol while performing his/her duties, and no employer having actual knowledge that an employee is using alcohol shall permit the employee to perform or continue to perform his/her duties.
4. Pre-duty alcohol use. No employee shall perform his/her duties within four hours after using alcohol if such use impairs the employee's duties, and no employer, having actual knowledge that an employee has used alcohol within the preceding four hours, shall permit an employee to perform or continue to perform his/her duties if such use impairs the employee's duties.
5. Alcohol use following an accident. No employee, who is subject to a post-accident alcohol test, shall use alcohol for eight hours following the accident or until he or she undergoes a post-accident alcohol test, whichever occurs first.
6. Refusal to submit to a required alcohol or controlled substance test. No employee shall refuse to submit to an alcohol or controlled substance test under any circumstances in which the city rules require such a test. No employer shall permit an employee who refuses to submit to such test to perform or continue to perform.
7. Controlled substances use. No employee shall report for duty or remain on duty when the employee uses any controlled substances, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability. No employer having actual knowledge that the employee has used controlled substances shall permit the employee to perform or continue to perform his/her duties. An employer may require an employee to inform the employer of any therapeutic drug use.
8. Positive test for controlled substances. No employee shall report for duty or remain on duty if the employee tests positive for controlled substances. No employer having actual knowledge that an employee has tested positive for controlled substances shall permit the employee to perform or continue to perform his/her duties.

1. Once a candidate is selected for a position and an offer of employment is accepted, the candidate will be required to undergo a pre-employment drug screen within 48 hours of the job offer. All offers of employment will be conducted by the Personnel Department and are conditional upon completion of a drug screening test.

2. Candidates will be instructed by the Personnel Department where the nearest testing centers are located.

3. Test results will be received by the city's Medical Review Officer within three business days. Results will be reported to the Personnel Department at the end of each business day.

4. In the result of a positive test, a confirmation test will then be conducted by the medical laboratory. If the results of the confirmation test are positive, the offer of employment will be rescinded.

5. Supervisors will be notified by the Personnel Department of the candidate's employment status.

6. A minimum of one week will be required for the above actions to take place.

§ 75-46. Purpose.

§ 75-47. Authority.

1. Procedures for Transportation Workplace Drug Testing Programs: 49 CFR, Part 40.
2. Omnibus Transportation Employee Testing Act: 49 CFR, Part 382.
3. Controlled Substances Testing, Covering Federal Highway Administration (FHWA) and controlled drivers: 49 CFR, Part 39, Subpart H.
4. Notification and Reporting of Accidents: 49 CFR, Part 394.

§ 75-48. City policy.

1. It is the responsibility of employees to maintain personal health so they are physically and mentally capable of performing in the workplace. The abuse of drugs or alcohol is an unsafe and counterproductive practice which will not be tolerated at the City of Long Branch Public Works Department. NOTE: In this policy, the terms "abuse" and "substance abuse" will be used to mean the use or abuse of or dependency on illegal drugs, alcohol or drugs that can be prescribed but are used in a manner inconsistent with the prescription.
2. Any city public works employee reporting for work and found to be under the influence of alcohol or drugs or using drugs or alcohol while at work or in possession of, manufacture of, selling, offering for sale, trading or providing illegal drugs or alcohol will be subject to disciplinary action, up to and including termination. This policy is in effect for all employees while on city property, which includes the parking lots, or while engaged in city business. The sale, possession, manufacture, distribution, dispensation, use or purchase of prohibited drugs and/or alcohol on city property or while conducting city business is prohibited. City property includes all areas in which the city operates its equipment, city-owned or city-leased property, as well as all city/employee-owned vehicles in use on city property, lockers, desks, equipment, work space and storage facilities. (City-sponsored activities which may include the responsible service of alcoholic beverages are not included in this provision, provided that abuse does not occur.)
3. In an effort to ensure that the City of Long Branch Public Works Department is an alcohol- and drug-free workplace and to comply with Department of Transportation Regulations, a drug testing program will be in effect for all commercial drivers license holders. This program will provide for pre-employment, random, post-accident testing, reasonable suspicion, return-to-duty and follow-up testing. The city has retained a Medical Review Agency (hereinafter referred to as the MRO/Agent) to manage and administer the testing program.
4. Any employee reporting for work impaired and unable to properly perform required duties will not be allowed to work. If possible, the supervisor will first seek another supervisor's opinion of the employee's status. Also, where applicable, the supervisor will subsequently consult privately with the employee about the observation. If, in the opinion of the supervisor, the employee is considered impaired, the employee will be required to be tested for alcohol and illicit substances, depending on the supervisory determination of the observed impairment. (Under no circumstances should an impaired employee be allowed to drive.)
5. Prescription drugs prescribed by the employee's physician may be taken during working hours. The employee is required to notify the supervisor if the use of properly prescribed prescription drugs may adversely affect the employee's work performance. The abuse of prescription drugs will not be tolerated.
6. The city will provide an Employee Assistance Program (EAP) for its employees and supervisory personnel, which will include a program of education and training on the effects of drug/alcohol abuse. The EAP/MRO/Agent/City will make available to all employees informational material related to the cause and effects of substance abuse and additionally will provide a community service hot-line telephone number, which can be used by employees whenever assistance is required. Supervisory personnel who will be in a position to determine whether an employee must be drug/alcohol tested, pursuant to the policies herein, will receive a minimum of one hour of training on the specific physical, behavioral and performance indicators of probable drug/alcohol abuse. It is the responsibility of the employees to seek assistance from the EAP before drug/alcohol problems lead to violations of policy and/or disciplinary action.
7. The city further has determined to take action against employees who unlawfully use, distribute or possess alcohol, drugs and/or controlled substances during or outside assigned working hours in order to prevent illegal activities and to protect employees, the public and the city and its property from any danger which may result from the illegal use of alcohol, drugs and/or controlled substances.
8. The city has further determined that it will not employ or use the services of any employee who refuses to be tested for drugs/alcohol and will discipline any employee who fails a drug/alcohol test, which may include termination of services.
9. All employees are required to acknowledge, in writing, the policy as a condition to initial/continued employment.

§ 75-49. Definitions.

EMPLOYEE -- A person employed by the city in a capacity which requires a commercial drivers license to be maintained, which in this case includes all Public Works Department employees, foremen and supervisors, all of whom shall be included in the test pool.

FAIL A DRUG/ALCOHOL TEST -- The confirmation test result shows a positive evidence of the presence of a prohibited or legal drug/alcohol in an employee's system.

LEGAL DRUGS -- Prescribed drugs and over-the-counter drugs which have been legally obtained and are being used as directed and for the purpose for which they were prescribed or manufactured.

PROHIBITED DRUGS -- Any of the following substances specified in Schedules I and II of the Controlled Substances Act, 21 U.S.C. § 801.812 (1981 and 1987 CUM.P.P) as amended and revised, as well as marijuana, cocaine, opiates, amphetamines, narcotic, phencyclidine (PCP) or any other habit-forming drug, except where prescribed by a licensed medical practitioner. This exception applies only when the substance is used by the individual to whom the drug was prescribed or authorized. The schedule of drugs includes, but is not limited to, opiates, opium derivatives, hallucinogenic substances, depressants and stimulants.

§ 75-50. Pre-employment testing.

1. All prospective employees selected for a position will be required to undergo a post-offer, pre-employment test for the presence of alcohol and illicit drugs. Receipt by the city of a negative test result shall be required prior to engaging in any safety-sensitive function employment. A positive test result will disqualify an individual from further consideration of employment with the city.
2. Failure to keep an appointment with the Agent, which was previously agreed to by both the prospective employee and the Agent, will be viewed as an attempt to elude the testing or alter its results. No further consideration for employment will be given the prospective employee at that time or in the future. The drug test will be in accordance with Appendix D, which is attached hereto.

§ 75-51. Random testing.

1. All employees who have commercial drivers licenses will be subject to random, unannounced annual alcohol and drug testing. Testing will be done during working hours, except under exigent circumstances. The city shall be responsible for the costs of the tests. Split-sample testing will be as provided by this policy. Selection criteria, numbers of tests and test frequency will be determined by the language of FHWA regulations and will be communicated to employees by city management or the Agent. However, annually at least 50% of the employees will undergo drug testing and 25% of the employees will undergo alcohol testing. Monthly, but no later than quarterly, a prorated number of employees will be tested. The portion will ensure that the ratios above are conducted over the calendar year.
2. Upon notification of selection, the employee will report to the designated collection site immediately. Failure to report will be viewed as an attempt to elude the test or alter its results and will result in disciplinary action, up to and including termination.

§ 75-52. Reasonable suspicion testing/employee physical.

1. All employees are subject to a fitness-for-duty evaluation, to include urine and breath testing, when there is reasonable suspicion to believe that the employee is in violation of this policy. A reasonable cause referral for testing will be made on the basis of documented, objective facts and circumstances which are consistent with the long- and short-term effects of substance abuse.
2. Examples of reasonable suspicion include, but are not limited to, the following:

(1) Physical signs and symptoms consistent with substance or alcohol abuse.

(2) Evidence of the manufacture, distribution, dispensing, possession or use of controlled substances, alcohol, or drugs.

(3) See also Appendix C, which is attached hereto.

3. Reasonable cause testing determinations will be made by a supervisor or other city official who is trained to detect the signs and symptoms of drug and alcohol use and who can reasonably conclude that an employee may be adversely affected or impaired in his/her work performance due to substance abuse. If another supervisor or other city official is immediately available, he/she will verify that there is reasonable cause before the employee is transported to the agent's facility. At no time will this determination be made on the basis of third-party reports without verification.
4. NOTE: Employees are cautioned that various over-the-counter and prescribed medication can adversely affect ability to operate vehicles and other equipment. It is the employee's responsibility to report to work each day fit for his or her duties.
5. Employees who are deemed to require a fitness-for-duty evaluation based on reasonable cause will be sent to a health facility of the city's choice. The attending physician will make every attempt to determine the cause of the observed behavior, including authorizing, when his/her medical opinion dictates, an additional alcohol or drug test. Employees will be placed on unpaid medical leave of absence until the results of the examination are received by the city. Receipt of a negative drug test result and/or doctor's statement that the employee was and is fit for duty is required prior to continued employment. Employees who are returned to duty by this means will be reinstated without prejudice and without loss of pay.
6. Employees who are medically determined to be temporarily unfit to perform their duties, but who test negatively for alcohol or drugs, will be returned to duty when they obtain the original examining doctor's written statement that they are fit for duty.
7. Employees may be required by the city to undergo a physical examination, which can include urine and/or blood testing for drugs/alcohol. Such testing shall be done by a designated agent of the city, who shall follow the procedures set forth in this policy.

§ 75-53. Post-accident testing.

1. Any employee involved in an accident will be required to submit to a post-accident alcohol and drug test if:

(1) The driver involved in an accident received a citation for a moving violation;

(2) There is a fatality as a result of an accident;

(3) The accident meets the Department of Transportation criteria for an accident that requires such testing; and/or

(4) Any accident involving a city vehicle.

2. When a post-accident test is indicated, the city will make every effort to have said test performed within two hours of notification of the accident. At no time will a period of more than eight hours transpire between notification and testing. Documentation of the entire post-accident procedure should be made by all personnel involved in the notification and testing process.
3. Receipt by the city of a negative alcohol and drug test result is required prior to return to duty. A positive test result may disqualify an employee from further employment or reinstatement at that time or any time in the future and subject the employee to disciplinary action, up to and including termination.

§ 75-54. Return-to-duty testing.

1. Any employee who tests positive for alcohol or illicit substances will not be permitted to return to work, where applicable, until he/she has met the following:

(1) The employee must be evaluated by a substance abuse professional. This professional must meet the criteria outlined in the Department of Transportation's Alcohol and Drug Rules for Substance Abuse Professionals.

(2) The employee must comply and complete all recommendations made by the substance abuse professional and be able to document the same.

(3) The employee must submit to a return-to-duty test, and a proof of a negative test result must be received by the city.

2. When the employee is cleared to return to work, he/she will be required to pass an alcohol and drug test. Upon receipt of a negative finding, if an employee is allowed to return to work, he/she will be subject to follow-up testing as required by law and this policy. The cost of the follow-up testing will be equally split between the city and the employee.
3. All employees are entitled to voluntarily participate in the Employee Assistance Program. However, if there is a positive test result, participation in the Employee Assistance Program or an alternate program approved by the city shall be a prerequisite to continued employment. Refusal to enroll in a program or to complete a full course of rehabilitation shall be cause for immediate termination of services. A positive alcohol test is one with a level of .040 or greater. Employees with a pattern of readings between .020 and .039 will also be subject to enrolling in a mandatory counseling program.
4. In addition to completing a required course of rehabilitation, employees shall be subject to the following discipline(s):

(1) Following the confirmation of a positive test, there shall be a minimum five-day suspension without pay. In the case of an alcohol test result between .020 and .039, the penalty would be a suspension for the remainder of that day's work shift unless a pattern of this type of abuse has developed. In either case, the suspension(s) shall also remain in full force and effect until there is a negative retest provided to the city through a certified laboratory (all costs of testing to be borne by the employee), but failure on the part of the employee to present a negative test result within six weeks from the original incident date shall automatically result in termination of services. After two weeks, the city reserves the right, for reasons of operational efficiency, to fill the suspended employee's position and, in such case, the suspended employee would be entitled to the next available opening, provided that all other conditions (rehabilitation and positive test result) are met.

(2) Employees found to be in violation of this policy (confirmation of a positive drug/alcohol test) on a second occasion will be immediately dismissed.

§ 75-55. Follow-up testing.

§ 75-56. Testing procedures.

§ 75-57. Drug testing.

1. All drug testing required by the City Public Works Department will be performed in accordance with Department of Transportation guidelines. Drug testing is by urinalysis using split samples. Split-sample testing requires the specimen be divided into two separate bottles during the collection process. These two bottles are designated as: the primary specimen, which shall contain no less than 30 milliliters of urine; and the split specimen, which shall contain no less than 15 milliliters of urine. Upon arrival at the laboratory, the primary specimen will be opened and tested. In the first screening test, immunoassay techniques are used to screen urine specimens for classes of drugs. In the second or confirmation test, any positive results found in the first screening will be confirmed using the tandem technique of gas chromatography/mass spectrometry (GC/MS), which positively identifies and quantifies the presence of specific drugs. No test result will be reported by the laboratory to the Medical Review Officer (MRO) as a positive drug test result unless both the initial screening test and the confirmation test are positive. The laboratory shall report the test results to the Medical Review Officer (MRO), who shall evaluate the chain of custody, urine custody form and test results.
2. The MRO will perform the following duties for the city:

(1) The MRO will review the results of each drug test before it is reported to the city.

(2) The MRO will review and interpret each confirmed positive test result in the following manner to determine whether or not there is an acceptable medical explanation for the confirmed positive result:

(a) The MRO will conduct a medical interview with the employee, either in person or by phone.

(b) The MRO will review the employee's medical history and relevant biomedical factors.

(c) The MRO will review medical records made available by the employee to determine if a confirmed positive result could be attributed to the use of legally prescribed medication.

(d) The MRO will require, if it is deemed necessary, that the original specimen be reanalyzed.

(e) The MRO will verify that the laboratory report and assessment are accurate.

(f) If the MRO determines that there is a legitimate medical explanation for the confirmed positive result; he will take no further action other than informing the city of his determinations that the test result is negative.

(3) If the MRO verifies that a confirmed positive test result is scientifically sufficient and that there is no legitimate medical explanation for the confirmed positive result, the MRO shall immediately contact the city's designated representative (who will instruct the employee's supervisor to immediately suspend the employee pending management review and determination of appropriate action) and the employee.

(4) The MRO will determine whether and when a rehabilitated employee may return to work.

(5) The MRO will determine a schedule of post-rehabilitation testing, after consulting with the city's designated representative, for an employee returning to work after rehabilitation.

(6) The MRO will ensure that an employee is tested in strict compliance with DOT procedures before an employee may return to work after rehabilitation.

(7) If the MRO so determines, based upon a review of laboratory inspection reports, quality assurance and quality control data and other drug test results, that a particular drug test result is scientifically insufficient, the MRO will conclude that the test is negative, and no further action shall be taken. The MRO may request a reanalysis of the original specimen prior to making this determination. The MRO may request the reanalysis be performed by the same laboratory or that an aliquot of the original specimen be sent for reanalysis to an alternate laboratory certified by the United States Department of Health and Human Services (DHHS). The laboratory shall assist the MRO in making his/her determination by having its personnel available to the MRO for consultation upon request by the MRO.

(8) Reporting and review of results.

(a) Review by MRO. The MRO will review all test results prior to the transmission of results to the city to consider possible alternate medical explanations for confirmed test results. The MRO shall have the qualifications and responsibilities, including those pertaining to the investigation, confirmation and communication of verified positive and negative test results and the disposition of scientifically insufficient test results, as set forth in the Medical Review Officer section of this plan.

(b) Positive test results.

[1] If, after making all reasonable efforts and documenting them, the MRO is unable to reach the individual directly, the MRO shall contact the city's designated representative, who shall direct the individual to contact the MRO as soon as possible. The city's designated representative shall employ procedures that ensure, to the maximum extent practicable, the requirement that the employee contact with the MRO is held in confidence.

[2] If, after making all reasonable efforts, the city's designated representative is unable to contact the employee, the MRO may place the employee on temporary, unpaid leave.

[3] The MRO may verify a test as positive without having communicated directly with the employee about the test in three circumstances:

[a] The employee expressly declines the opportunity to discuss the test.

[b] The city's designated representative has successfully made and documented a contact with the employee and instructed the employee to contact the MRO, and more than five calendar days have passed since the date the employee was successfully contacted by the designated employer representative; or

[c] Other circumstances provided for in DOT agency drug testing regulations.

[4] Under the split-test method, and if the employee so chooses the split-test method, such test may be conducted, and if there is a positive result, the provisions/procedures of this section shall apply.

[5] If a test is verified positive under the circumstances specified in this section, the employee may present to the MRO information documenting that serious illness, injury or other circumstances unavoidably prevented the employee from timely contacting the MRO. The MRO, on the basis of such information, may reopen the verification, allowing the employee to present information concerning a legitimate explanation for a confirmed positive test. If the MRO then concludes that there is a legitimate explanation, the MRO may declare the test to be negative.

[6] Following verification of a positive test result, the MRO shall refer the case to the city's designated representative for other rehabilitation or administrative action.

(c) Verification for opiates. Before verifying a confirmed positive test result for opiates, the MRO shall determine that there is clinical evidence other than, or in addition to, the urine test of unauthorized use of any opium, opiate or opium derivative, unless confirmation testing for opiates confirms the presence of monoacetyimorphine.

(d) Authorized reanalysis. Only the MRO may order a reanalysis of the original primary specimen. The employee may submit a written request for a retest of the original specimen to the MRO for a reanalysis of the specimen within 60 days following the day the employee was informed by the MRO that he or she tested verified positive for drug use. The MRO shall then authorize the reanalysis at the city's expense.

(e) Disclosure of results. Except as provided in this section, the MRO shall not disclose to any third party medical information provided by the individual to the MRO as a part of the testing verification process.

[1] The MRO may disclose such information to the city, DOT or other federal safety agency, law enforcement officials or a physician responsible for determining the medical qualification of the employee under an applicable DOT agency regulation, as applicable, only if:

[a] An applicable DOT regulation permits or requires such disclosure;

[b] In the MRO's reasonable medical judgment, the information could result in the employee being determined to be medically unqualified under an applicable DOT agency rule; or

[c] In the MRO's reasonable medical judgment, in a situation in which there is no DOT agency rule establishing physical qualification standards applicable to the employee, the information indicates that continued performance by the employee of his or her safety-sensitive function could pose a significant safety risk.

[2] Before obtaining medical information from the employee as part of the verification process, the MRO shall inform the employee that information may be disclosed to third parties as provided in this subsection and the identity of any parties to whom information may be disclosed.

3. The city will not knowingly use as an employee any person who has failed a drug test (i.e., tested verified positive for use of prohibited drugs) and whose use of the prohibited drugs has been determined by the MRO to have no legitimate medical explanation. The city will not knowingly use as an employee any person who refuses to take a drug test as required pursuant to this policy and 49 C.F.R. Parts 199 and 391.
4. The city will immediately remove the employee from his/her job as a result of a verified positive test and will suspend the employee pending management review and determination of appropriate action.

§ 75-58. Alcohol testing.

1. The Department of Transportation rules require breath testing for alcohol. This testing must be done using an evidential breath-testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA). This testing can only be performed by a Breath Alcohol Technician (BAT) that is certified in the equipment being used.
2. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result, if less than 0.02 alcohol concentration, is considered a negative test, and no further testing is required. If the initial screening shows an alcohol concentration of 0.02 or greater, a second or confirmation test is required. The confirmation test must be taken 15 minutes after the initial screening. During that fifteen-minute period the employee being tested is to remain with the Breath Alcohol Technician and must refrain from eating, drinking, smoking or belching. After the fifteen-minute waiting period, a second breath test will be performed. The results of the second test stand and become the official test result.
3. If the confirmation test result shows an alcohol concentration of 0.02 or less, the official test result is negative, and no action is required. If the result of the confirmation test is 0.02 or greater, action by the employer is required pursuant to policies set forth herein.
4. As well as potential disciplinary actions, other initial employer response to breath-testing results that show an alcohol concentration of 0.02 or greater are as follows:

(1) If the tested employee's alcohol concentration is between 0.02 and 0.039, the regulations call for the removal of the driver for at least 24 hours and until a negative screen is revealed.

(2) If the tested employee's alcohol concentration is 0.04 or higher, he/she must immediately be removed from any safety-sensitive duties until he/she has been evaluated by a substance abuse professional (DOT regulations have specific guidelines for who qualifies as a substance abuse professional), has complied with any recommended treatment and has taken and passed a return-to-duty alcohol test (result must be less than 0.02). The employee is then subject to unannounced follow-up testing. (See § 75-55, Follow-up testing.)

(3) All other actions as set forth earlier in this policy.

5. Applicants and employees are expected to report for alcohol and drug testing as required by this policy and in accordance with township testing procedures. Employees are to report to work with no alcohol or illegal drugs in their bodies. Any refusal to submit to alcohol breath testing or urinalysis drug testing as directed by supervisory personnel will be considered a refusal-to-test and may subject the employee to disciplinary action up to and including termination.

§ 75-59. Confidentiality of test results.

§ 75-60. Quality assurance of testing program.

1. The city, through its agent, will take steps in its arrangements for testing to ensure that the laboratory is certified by SAMHSA and meets the requirements of the United States Department of Transportation (DOT).
2. The chain of custody for any urine sample shall be maintained at all times. If the chain of custody is broken, after the tamperproof seal is applied, the employees shall be retested at the city's expense.
3. Any employee who receives a positive test result will have the right to ask the city's Medical Review Officer (MRO) to retest the sample at a NIDA-certified laboratory of the employee's choice at the employee's expense. Employees whose sample is retested and the laboratory finds a negative finding will be reimbursed the cost of the test and returned to work.
4. The city, through its Agent, will make every effort to ensure that the equipment being used for alcohol breath testing meets all the requirements of the Department of Transportation, and all testing will be performed by a qualified Breath Alcohol Technician.

§ 75-61. Grounds for disciplinary action; inspection; applicability.

1. Any employee engaging in the manufacture, distribution, dispensing, possession or use of prohibited substances on city premises, in city vehicles or while on city business may face disciplinary action, up to and including termination. Any manufacture, distribution, dispensing, possession or use of prohibited substances by any employee in any manner which affects the employee's job performance or which may cause the public or a government or corporate body to lose confidence in the city's ability to perform its responsibilities may result in disciplinary action, up to and including termination. Law enforcement officials could be notified, as appropriate, where criminal activity is suspected. Any employee convicted of violating a criminal drug statute or drunk driving law/statute will notify the designated city representative within three calendar days of any such conviction.
2. Any employee who refuses to comply with a request for drug testing shall be considered as having produced a positive test result and may be subject to disciplinary action, up to and including termination. Any employee who provides false information, in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration or substitution shall face disciplinary action up to and including termination. In the event that the laboratory detects any substance which has been added to the sample to interfere with the normal testing process, this will be considered a refusal to test, and the same sanctions will apply.
3. The city reserves the right to inspect, investigate and search for controlled substances at any time, without prior notice, on or in any and all city premises and vehicles. All coolers are subject to inspection. Refusal to cooperate with any inspection, investigation or search that is authorized by a city representative or by a court of competent jurisdiction shall result in disciplinary action, up to and including termination.
4. This policy applies to all Public Works Department employees. Visitors, vendors and contractors are also governed by this policy while on city property or providing services to or for the city. Failure on the part of vendors or contractors to adhere to this policy will cause the city to cease to do business with that concern.

§ 75-62. Employees voluntarily seeking help.

1. The city strongly encourages an employee with a drug/alcohol abuse problem to voluntarily step forward to tell the city.
2. The city will assist in referring the employee to community assistance programs. An unpaid leave of absence will be granted for a reasonable period for treatment. Use of accumulated sick or vacation leave, where applicable and approved by the Superintendent, may be granted on a case-by-case basis.
3. It is crucial to note that the accommodations in this section apply only when an employee voluntarily comes forward. If a substance abuse problem is disclosed to the city only after there has been a positive drug test, a violation of a city rule or standards, a violation of law or a violation of this policy, the same conditions outlined in § 75-54A of this policy apply. If an employee fails to remain drug-free after the first voluntary rehabilitation, he/she will be discharged.

§ 75-63. Training.

1. In an effort to educate employees in the dangers of drug use and the city's commitment to keeping drugs out of the workplace, each employee will receive information covering the dangers of substance abuse, the city's commitment to an alcohol- and drug-free workplace and the penalties for violation of this policy.
2. Supervisory employees will receive at least five hours of training on identifying those individuals who might be impaired by the use of drugs.

§ 75-64. Employee acknowledgment.

§ 75-65. Administration.

1. The city has designated __________________________ to administer this company's antidrug/alcohol program. It has contracted with ___________________________ for the collection and testing to be done under ____________________________'s standard procedures, and for the employee awareness and supervisory training program as designed and administered by ____________________________; all as more particularly required by the city antidrug/alcohol program.
2. The Medical Review Officer and Drug/Alcohol Testing Laboratory shall be those entities utilized by __________________ in its contract with the city.