§ 34.066 SUBSTANCE-FREE WORKPLACE.
   The town seeks to promote a safe, healthy working environment for all employees and to reduce the incidence of injury to person or property and to reduce absenteeism, tardiness and poor job performance.
   (A)   Prohibitions. The town absolutely prohibits the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol on town premises or while conducting town business off town premises. Violation of this policy will subject the employee to disciplinary action up to and including immediate termination of employment.
   (B)   Definition.
      (1)   For purposes of this policy, DRUGS include, but are not limited to, the following:
         (a)   Controlled substances or illegal or synthetic drugs listed under the Federal Controlled Substances Act, being 21 U.S.C. §§ 801 et seq.; and
         (b)   Alcoholic beverages and prescription medications for which the employee does not possess a valid prescription.
      (2)   An employee who is:
         (a)   Found to be under the influence of alcohol or a controlled substance while on town property, or while performing a function or fulfilling a responsibility of his or her town job; or
         (b)   Convicted of a criminal alcohol or drug statute will subject the employee to disciplinary action up to and including immediate termination of employment.
      (3)   Town employees will undergo random alcohol and drug testing at the town’s expense. Employees have two hours from the time they are notified that they have been selected for a random test to arrive at the independent screening facility selected by the town.
      (4)   If an employee refuses to participate in a requested drug or alcohol test, the employee will be subject to disciplinary action up to and including immediate termination of employment. If the test is positive, the employee will be subject to disciplinary action up to and including immediate termination of employment.
      (5)   Town employees are subject to a drug test following any accident with injury that occurs on the job or during a regular workday during which the employee is working. Unless the employee is hospitalized as a result of injuries incurred, the employee will have two hours from the time of the accident to arrive at the independent screening facility selected by the town.
      (6)   If an employee refuses to participate in the drug or alcohol test, the employee will be subject to disciplinary action up to and including immediate termination of employment.
   (C)   Employees that seek assistance. If an employee needs assistance with alcohol or substance abuse, that employee should notify a member of the Town Council of his or her need. For purposes of rehabilitation, the Family Medical Leave Act (“FMLA”), being 29 U.S.C. §§ 2611 et seq., may apply.
(Ord. 2016-07, passed 12-28-2016)