§ 31.25  TESTING.
   (A)   Employees may be ordered to take drug tests as a condition of continued employment in order to ascertain prohibited drug use, as provided below:
      (1)   (a)   Upon reasonable suspicion that an employee is or has been using drugs;
         (b)   REASONABLE SUSPICION is defined as a good faith belief based on specific articulable facts or evidence an employee has violated the policy and substance testing could reveal evidence related to that violation. Evidence of tampering, countermeasures or substituting a test sample shall constitute reasonable suspicion.
      (2)   As part of a physical exam, as ordered by the town;
      (3)   As part of a post-accident or vehicle crash investigation;
      (4)   As part of return to duty; or
      (5)   Follow-up on positive test results.
   (B)   (1)   When testing is initiated by the Clerk- Treasurer, police officers and safety-sensitive employees shall be randomly selected for drug-testing by a lottery draw.
      (2)   A safety-sensitive employee is:
         (a)   Any employee whose job duties include operating or maintaining equipment or devices which could cause serious bodily injury or death to themselves or to others if handled improperly;
         (b)   Employees who possess a commercial driver’s license (CDL) for purposes of employment;
         (c)   Employees whose work product could have a bearing on an individual’s guilt or innocence; or
         (d)   Employees who handle or possess evidence.
(Ord. 2013-3, passed 5-14-2013)