(A) The village believes that it is important to provide a safe workplace for all of its employees. The village is taking steps to address the problem of substance use that negatively affects every workplace, including ours. The village is concerned with the health and well-being of all employees. Behaviors related to substance use can endanger all employees, not just substance users. We cannot condone, and will not tolerate, behaviors on the part of employees that relate to substance use and may be grounds for termination of employment, such as:
(1) Use of illegal drugs or misuse of prescription drugs;
(2) Misuse of alcohol;
(3) Sale, purchase, transfer, trafficking, use or possession of any illegal drugs; or
(4) Arrival or return to work under the influence of any drug (legal or illegal) or alcohol to the extent that job performance is affected.
(B) The village is committed to maintaining a workplace free of illegal drugs as well as the use of all intoxicating or mind altering substances.
(1) The unlawful manufacture, distribution, dispensing, possession, or use of an illegal or controlled substance is prohibited in the workplace and during working hours.
(2) The use of an illegal or controlled substance or alcohol prior to beginning work or during meal or break periods is prohibited.
(3) Use of any illegal substance or abuse of a legal drug is prohibited. An employee is prohibited from being under the influence of alcohol or an illegal substance at work.
(4) The possession or distribution of alcohol in the workplace is prohibited.
(5) If a supervisor has documented reasonable suspicion to believe that an employee may have violated division (B)(1) through (4) of this section, the employer may require the employee to undergo tests for the use of drugs or alcohol. The employee shall submit to the drug or alcohol testing immediately upon the request of the employer.
(6) Failure to pass a drug or alcohol test may result in immediate termination of employment.
(7) An employee who must use a prescribed medication during work hours that may impair his or her safety or the safety of others or may otherwise impair the employee's ability to perform his or her normal work duties shall so notify the supervisor or department head. The department head may then, at his/her discretion (1) place the employee on sick leave; (2) reassign the employee to duties posing no such risk; or (3) have the employee's ability to work without impairment evaluated by the employee's physician or a physician selected and paid for by the village.
(8) Any village employee involved in a motor vehicle accident or involved in an accident while operating any motorized village equipment shall be subject to post accident testing for the possible influence of drugs or alcohol. At the discretion of the Administrator or Mayor testing will be conducted following the same protocol applied for random drug tests.
(9) An employee who has been convicted of a violation of a criminal drug statute shall notify his or her department head no later than five days after such conviction. The village may impose appropriate disciplinary action, up to and including termination for the first offense.
(10) Storage of test results and right to review test results. All records of drug/alcohol testing will be stored separately and apart from the employee's general personnel documents. These records shall be maintained under lock and key at all times. Access is limited to designated village officials. The information contained in these files shall be utilized only to properly administer the policy and to provide to certifying agencies for review as required by law. Designated village officials that shall have access to these records are charged with the responsibility of maintaining the confidentiality of these records. Any breach of confidentiality with regard to these records may be an offense resulting in termination of employment. Any employees tested under this policy have the right to review and/or receive a copy of their own test results. An employee may request from the Drug-Free Coordinator, in writing, presenting a duly notarized Employee Request for Release of Drug Test Results form, requesting that a copy of the test be provided. The village will use its best efforts to promptly comply with this request and will issue to the employee a copy of the results personally or by U.S. Certified Mail, return receipt requested.
(11) Positive test results. Employees who are found to have a confirmed positive drug or alcohol test will be immediately taken off safety-sensitive duties and are subject to discipline up to and including termination.
(12) Termination notices. In those cases where substance testing results in the termination of employment, all termination shall be deemed "for cause."
(C) In order to ensure a drug free workplace, all applicants for full-time employment positions must submit to urine drug tests. An employee-applicant is not required to submit to a urine drug test if:
(1) The village can verify that the employee-applicant has participated in a valid drug testing program within the proceeding 30 days;
(2) While participating in that program, the employee-applicant was either tested in within the past six months or participated in a random selection program for the previous 12 months; and
(3) No prior employer has knowledge that the employee violated any part of the regulations within the last six months.
(D) Random drug testing.
(1) The Mayor of the Village of Bellville shall conduct random drug and alcohol testing. The village or its agents will submit all employees' names to a random selection system. The random selection system shall provide an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. The village shall drug test, at minimum, 50% of the average number of employee positions in a calendar year or at a higher rate established by the Department of Transportation for the given year. Random selection, by nature, may result in employees being selected for successive selections or more than once a calendar year. Alternatively, some employees may not be testing in a selected calendar year.
(2) If an employee is selected at random, for either drug or alcohol testing, a village official will notify the employee. Once notified, the employee must ensure collection occurs as soon as possible but no more than four hours after receipt of notification. If an employee engages in intentional conduct that does not lead to a collection within four hours after notification, such conduct may be considered a refusal to test and may be treated with the same consequences as a positive drug or alcohol test.
(3) The consequences for a positive drug or alcohol test shall be that same as found in § 38.320(B)(11).
(Ord. 49-2017, passed 11-21-2017; Ord. 42-2018, passed 10-16-2018; Ord. 12-2021, passed 4-6-2021)