(A) It is the town’s desire to provide a drug-free, healthful, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs.
(B) While conducting business on behalf of the town no employee may manufacture, distribute, dispense, possess, purchase, sell, use, or be under the influence of alcohol or illegal drugs or in possession of drug paraphernalia. In addition, the unauthorized use or possession of prescription drugs, CBD oils, or over-the-counter drugs is prohibited. Using or being under the influence of drugs or alcohol on the job may pose serious safety and health risks.
(C) To help ensure a safe and healthful working environment the town may utilize a third-party to conduct drug and alcohol testing for the town under any one of the following circumstances:
(1) Reasonable suspicion of current employees;
(2) Medical examinations for applicants or current employees, if appropriate;
(3) Post-accident of current employees in accordance with OSHA regulations;
(4) Random testing in accordance with DOT guidelines;
(5) Return-to-duty for current employees;
(D) Employees may be asked to provide body substance samples, such as urine, blood, hair and/or saliva, to determine the illicit use of drugs and/or alcohol. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee’s ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace. Employees who are utilizing prescription drugs or CBD oils at the time of the testing will be required to inform the testing facility of those legally prescribed drugs or CBD oils that they are currently taking. This information will be considered confidential under the guidelines of the Health Insurance Portability and Accountability Act (HIPAA). Refer to Policy #214—Medical Information Privacy (§ 35.042).
(E) Employees who are not able to provide sufficient body substance samples will be evaluated by a physician selected by the town. If the physician cannot find a legitimate medical explanation for the inability to provide a body substance sample, it will be considered a refusal to test. In that circumstance, the employee has violated one of the prohibitions of the policy.
(F) Both drug and alcohol testing may be performed on an employee following any accident involving a fatality or any accident in which the driver receives a citation under any state or local law for a moving traffic violation arising from an accident and in accordance with OSHA regulations. An ACCIDENT is defined as an incident involving a vehicle in which there is a fatality, an injury treated away from the scene, or where the vehicle is towed from the scene. When a post-accident drug or alcohol test is required it should be performed as soon as possible following the accident. If no alcohol collection may be made within eight hours, attempts to collect a breath sample will cease and if no urine collection may be obtained for within 32 hours, attempts to make such a collection will cease. As with any accident or injury, employees are required to contact their department head, the Town Manager, or the Clerk-Treasurer immediately. Refer to Policy #501—Safety (§ 35.100) and Policy #306—Workers’ Compensation Insurance (§ 35.059) for additional information.
(G) Random testing may result in employees being selected in successive selections or more than once in a calendar year. Alternatively, some employees may not be selected in a calendar year. Any employee scheduled for a random test will be required to immediately proceed to the testing facility to submit for the test. If the employee is not present at work on that day, they are required to proceed to the testing facility on the next day that they are at work. Refusal to participate will be considered as the employee violating one of the prohibitions of the policy.
(H) Return-to-duty testing may be required for employees who want to return to work after being off of work due to a leave of absence, suspension, or other long-term reason. Testing in this circumstance will be determined at the discretion of the department head, the Town Manager, or the Clerk-Treasurer.
(I) However, refusal to participate will be considered as the employee violating one of the prohibitions of the policy.
(J) Violations of this policy and/or substitution, adulteration or refusal to submit to drug and/or alcohol testing may lead to the rescinding of an employment offer to an applicant, disciplinary action, up to and including immediate termination of employment, and/or required participation in a substance abuse rehabilitation or treatment program for current employees. Such violations may also have legal consequences and the town will cooperate with all law enforcement officials.
(K) When a positive test is received by the town a first offense means that the employee may be subject to disciplinary action, up to and including termination of employment.
(L) If the employee receives either a verbal or written documented form of progressive discipline or is suspended after a positive test result, he or she must submit to another test and have a negative result within six weeks from the date he or she was tested positive for drugs and/or alcohol. The town will decide when the test will be administered. Before the employee returns to work, after the testing, he or she will be required to sign a reinstatement agreement that states under what conditions the employee will be reinstated and that random drug testing may be conducted on that employee up to one year. Any subsequent positive results will result in immediate termination of employment.
(M) If the employee believes that the drug and/or alcohol test has produced a false positive, the employee may at his or her own expense submit for another drug test. If the re-test produces a negative result, the employee may be reinstated if the town is satisfied that the re-test conforms to the scientifically accepted methods and procedures for collection.
(N) Under the Drug-Free Workplace Act, an employee who performs work for a government contract or grant must notify his or her department head, the Clerk-Treasurer, or the Town Manager of a criminal conviction for drug-related activity occurring in the workplace. The report must be made within five days of the conviction.
(O) Employees should contact their department head, the Town Manager, or the Clerk-Treasurer if they have questions on this policy or issues related to drugs or alcohol use/testing. Employees may raise their concerns without fear of reprisal.
(Ord. 2020-26, passed 1-12-21)