68.1: Description . This directive outlines the procedures relating to administration of the Township's drug testing policy.
68.2: Policy . The Township intends to give the same consideration to persons with chemical (alcohol and other drugs) dependencies as it does to employees having other diseases. However, the Township cannot condone the use of illicit drugs or the abuse of legal drugs or alcohol. With the abuse of legal drugs or alcohol, constructive disciplinary measures shall be utilized to provide motivation to seek assistance. Normal Township benefits, such as sick leave and the group medical plan, are available to give help in the rehabilitation process. However, the sale, purchase, transfer, use, or possession of illegal drugs or drugs which have not been legally obtained by employees is prohibited. Arriving for work under the influence of drugs or alcohol to the extent that job performance is adversely affected is also prohibited. In such cases, disciplinary action, up to and including termination, will be imposed.
It is the intent of the Township, however, to encourage and assist such employees in treatment or rehabilitation whenever appropriate.
Urine testing of employees can be an effective means by which to identify those in need of counseling, treatment or disciplinary action. The urine testing program is intended to supplement, not replace, other means by which the use of drugs and alcohol can be detected.
A. Testing of employees shall be conducted only under the following circumstances:
1. When an employee's supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol. "Reasonable suspicion" is a belief based on objective and articulable facts sufficient to lead a prudent supervisor to suspect that the employee is on drugs or alcohol (e.g., slurred speech, alcohol on breath, inability to walk a straight line, etc.).
2. When an employee is found in possession of suspected illicit drugs or alcohol or when suspected illicit drugs or alcohol are found to have been brought by the employee in an area controlled or used exclusively by the employee (e.g., employee's locker, etc.).
3. Following a serious accident or incident on the job where, in either case, safety precautions were violated or unusually careless acts on the job were performed.
4. As a part of a routine twelve (12) months testing program instituted as a result of prior drugs or alcohol related disciplinary penalties against the employee.
5. Routinely to all job applicants to whom a job offer is being considered within the Fire Department.
B. An employee ordered to submit for testing shall be informed of the underlying reasons why he/she is being ordered to submit the specimen. In situations covered by collective bargaining agreements, individuals shall have the right of steward representation consistent with the applicable collective bargaining agreement. The reasons shall be documented in writing prior to the test results being known with a copy furnished to the employee within forty-eight (48) hours. If the employee refuses or fails after a three hour period to submit to testing, he/she shall be informed that this refusal constitutes failure to obey a direct order and that this is grounds for termination.
C. The supervisor requesting the test shall fill out the designated Form A .
D. For urine testing, the urine specimen shall be obtained from the employee as follows:
1. The employee shall be escorted to the bathroom or other medical facility.
2. The supervising officer (or medical personnel) shall hand the employee the specimen bottle, labeled with the employee's name, the date, name of staff witness, and any other relevant identifying information. This information shall be typed or written in indelible ink.
3. The supervisor (or designated medical personnel) shall personally watch the employee to insure that the employee submits an unadulterated urine specimen in the specimen bottle provided, by witnessing the employee urinate into the bottle or take other precautions. The foregoing shall be conducted by staff of the same sex, in private, and outside the presence of other employees if conducted within Township facilities. Employees will be required to indicate to the Employer the types of prescribed or over the counter drugs they are taking prior to the test.
4. If the employee is unable to provide a urine specimen immediately, he/she shall be detained until he/she are able to provide a urine specimen. Employees unable to provide a urine specimen within three (3) hours of being ordered to do so shall be considered to be refusing to submit the specimen.
5. After the bottle is filled, the supervisor (or designated medical personnel) must not lose sight of it or compromise such other precautions as may have been taken until he/she obtain it from the employee.
For the testing of alcohol, an alternative method of testing (e.g. breathalyzer or blood sample) will be utilized.
E. The supervisor or designated medical personnel witnessing the test by the employee shall then make the appropriate notation on the designated Form A. If the employee is unable within three (3) hours of being ordered or if the employee refuses to submit to the test, this fact shall be noted on Form A.
F. The urine specimen shall be forwarded to a contract laboratory for testing and processed as follows:
1. The specimen shall be placed in a secured freezer, if it is not to be tested immediately. All persons handling the specimen shall make an appropriate notation on Form A. The number of persons handling the specimen should be minimized.
2. For applicants to positions within the Fire Department, the thin layered chromatography (TLC) test shall first be administered. The TLC testing shall be performed by sending the sample to a contract laboratory. The results obtained shall be noted on the form. If a positive result is obtained on an applicant, a second test shall be performed on the same specimen using an alternative scientific method Enzyme Multiplied Immunoassay Technique (EMIT). In the event that both tests are positive, an applicant may request at applicant's cost the same be tested using the Gas Chromatography/ Mass Spectrometry (GC/MS) method. If that test is negative, the applicant will be reimbursed.
For all tests, the lab shall be instructed:
a. To freeze all specimens yielding positive results.
b. To return the Form A, the lab report and any printouts showing positive results.
c. For employees, the GC/MS test shall be performed.
G. Reporting of Results . Form A, together with all printouts of positive results and any lab reports, shall be forwarded to the Township Manager who will be responsible for interviewing the employee regarding the results.
No laboratory reports or test results shall appear in a personnel folder. Information of this nature will be included in the medical file with a marker to appear on the inside cover of the personnel folder to show that this information is contained elsewhere.
A. Any action to be taken on receipt of a positive report which has been confirmed will be taken by the agency head only after receiving a report from the Township Manager.
B. The detection of the use of any illegal drug may be grounds for immediate dismissal. The employee, however, should have every opportunity to explain the presence of any drug in his system, and if need be, substantiate his explanation with medical evidence.
C. Obviously, the presence of a drug such as phencyclidine (PCP) is self-explanatory. However, the use of prescribed drugs could be an indication of a possible health problem and close look will be given to the employee's job responsibilities and whether the use of these drugs poses a potential hazard to himself, his fellow employees or the general public.
D. In keeping with Township policy, every effort should be made to assist the employee to deal with his problem. However, if this fails or if it is obviously inappropriate given the nature of the drug usage and the employee's position, then appropriate disciplinary action shall be instituted.
